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HomeMy WebLinkAbout2009-092 Animal Svc - Nicole Kushner consulting veterinary services & spay/neuter servicesAN AGREEMENT FOR THE PROVISION OF CONSULTING VETERINARY SERVICES AND THE PERFORMANCE OF SPAY/NEUTER SERVICES This Agreement is between the County of Orange ("County") through the Animal Services Department ("Department") and Nicole Kushner, DVM, ("Veterinarian") whose address is 120 Sierra Drive, Chapel Hill, NC 27514, for the provision of spay/neuter surgery services and back up consulting veterinary services WITNESSETH WHEREAS, the County has a need for the services of a veterinarian with whom to consult in regard to practices and procedures regarding animal health and to provide in-house spay/neuter surgery services for animals adopted from or available to be adopted from the Department; and WHEREAS, Nicole Kushner, DVM, a licensed veterinarian in the State of North Carolina desires to provide consultation and surgical services to Orange County through the Animal Services Department. NOW, THEREFORE, in consideration of the promises and of the mutual covenants hereinafter set forth, Orange County and Nicole Kushner agree to the following terms and conditions: A. The Veterinarian agrees to the following: Provide 12 hours per week of services including, but not limited to, procedures for sterilization, examination and treatment in accordance with the Department's standard operating guidelines; and a. Surgical services shall be provide for 12 hours per week, unless the veterinarian is providing back up coverage in absence of the other contracted veterinarian or otherwise approved by the Animal Shelter Manager (up to an addition 12 hours per week). The surgical services shall be scheduled during the time period Monday through Friday, 8:00 am to 3:00 pm (unless otherwise approved by the Animal Shelter Manager); and b. Perform sterilization surgery services on select animals by performing a complete ovariohysterectomy for female animals and castration for male animals; and c. Conduct apre-surgical physical examination of the animal to determine the animal's suitability for surgery. Any medical and physical abnormalities that present upon examination will be documented in the animal's medical record and communicated to the Animal Shelter Manager or designee. The Veterinarian shall consult with the Animal Shelter Manager or appropriate designee prior to and concerning decisions to disqualify an animal for surgery; and d. Document the physical examination, any abnormalities, treatments and/or surgical procedures performed for each animal in the animal's medical record; and 2. Provide veterinary services that include, but are not limited to, basic veterinary care for shelter animals and training for department staff to become certified euthanasia technicians pursuant to the rules promulgated under the North Carolina Animal Welfare Act; and 3. Consult with the Department management staff to develop and monitor standard operating guidelines that include, but are not limited to, animal health and husbandry; disease outbreak and management and the care of individual animals with infirmities; and 4. When needed as back up, provide at least five hours per/week of consultation services to the Department, including telephone consultation. Consultation services to occur Monday through Saturday, and to be available as needed to provide additional coverage during a given week; and 5. Maintain a license to practice veterinary medicine, that is current and in good standing, in the state of North Carolina as well as the level of expertise and education necessary to keep abreast of current industry standards and practices; and 6. Maintain professional liability insurance coverage with coverage of at least $1 million, per occurrence, $1 million aggregate while providing services to the Department, proof of such insurance shall be submitted annually to the Department; and 7. Be a member in good standing of the American Veterinary Medical Association; and 8. The Veterinarian agrees to defend, indemnify, and hold harmless the County, its elected officials, employees or volunteers for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons 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. It is the intent of this section to require Provider to indemnify the County to the extent permitted under North Carolina law; and 9. Comply with all applicable federal, State, and local laws, including non- discrimination laws as may be applicable in fulfilling this agreement; and 10. The Veterinarian shall submit a bill for services rendered to the Department monthly. B. The County agrees to: 1. Payment. Orange County shall reimburse the Veterinarian up to $25,000.00 for services rendered from November 1, 2009 to June 30, 2010, and as provided herein within 30 days of receipt of an invoice for services rendered by the Veterinarian. C. The Parties Agree to: 1. Term. The term of this Agreement shall be from November 1, 2009 through June 30, 2010, unless terminated sooner as provided herein; and is renewable annually (July 1, 2009 through June 30, 2009) under the same terms and conditions upon prior written agreement by the Parties. 2. Terms of Payment. a. The County shall pay the Veterinarian for consultation and surgical services at a rate of $40 per hour up to, but to not exceed, $25,000; and b. Upon submission of an invoice, the County shall reimburse the Veterinarian up to $500 for any expenses related to performance of this Agreement. 3. Termination of Prior Agreements and Amendments. This agreement supersedes and nullifies any and all prior agreements or any amendments to the Agreements between the County and Veterinarian. 4. Termination. This Agreement may be terminated at anytime without penalty by either party, with or without cause, upon delivery of written notice of termination furnished to the other party at least thirty days prior to termination of the Agreement. In the event of such termination, any payment due shall be prorated to the date of termination. 5. Notice shall be provided to and sent as follows: a. For Orange County: Robert A. Marotto, Animal Services Director, Orange County, Animal Services Center, 1601 Eubanks Road, Chapel Hill, North Carolina 27516. b. For Nicole Kushner: Nicole Kushner, DVM, whose address is 120 Sierra Drive, Chapel Hill, NC 27514. 6. OSHA Compliance. Orange County controls the facilities where the Veterinarian works. It is agreed Orange County is primarily responsible for compliance with the Occupational Safety and Health Act (OSHA) and comparable state laws and regulations to the extent those laws apply to the Veterinarian. 7. Workers Compensation. Nicole Kushner is responsible for her own workers' compensation. Independent Contractor. The services which Nicole Kushner shall render under this Agreement shall be as an independent contractor with respect to Orange County. Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, or employer and employee, between Nicole Kushner and Orange County. 9. No provision of this Agreement shall be construed or interpreted as creating a pledge of the faith and credit of the Orange County within the meaning of any constitutional debt limitation. No provision of this Agreement shall be construed or interpreted as creating a delegation neither of governmental powers nor as a donation by a lending of the credit of Orange County within the meaning of the Constitution of the State of North Carolina. This Agreement shall and does not directly or indirectly or contingently obligate the Orange County to make any payments beyond those appropriated in the sole discretion of Orange County for any fiscal year in which this Agreement shall be in effect. No deficiency judgment may be rendered against Orange County in any action for breach of a contractual obligation under this Agreement and the taxing power of Orange County is not and may not be pledged directly or indirectly or contingently to secure any monies due under this Agreement. 10. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified except by an agreement in writing executed by the duly authorized officials of both parties. 11. The laws of the State of North Carolina shall govern the validity and interpretation of the provisions, terms, and conditions of this Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement on the day and year listed below. FOR AND LF O RANGE COUNTY Frank W. Clifton, Orange C Manager i~ (z~(~~ Date . . FOR NIC LE KUSHNER, DVM O Nic e Kushner, DVM Date Approved as to technical content: Robert A. (N1,arotto~Animal Services Director Approved as to form and legal sufficiency: ~-~-~ Annett M. Moore, Staff Attorney "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." Gary ector Orange Co ~y Financial Services ~ ~ .~ o Date