Loading...
HomeMy WebLinkAbout2011-233 Animal Services - Wendy Royce for control the pet population spay/neuter~°~~- <~~ AN 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 Wendy Royce, DVM, DB/A Pet Overpopulation Patrol -North Carolina -Mobile Spay/Neuter ("Veterinarian"), whose address is ' ~cle, Chapel Hill, North Carolina 27516, for the provision of mobile veterinary surgical services through Pet Overpopulation Patrol of North Carolina ("POP-NC"). 123/ VVC,c~SOi't IZ~ WITNESSETH WHEREAS, the County is working toward controlling pet overpopulation in Orange County to avoid the unnecessary euthanasia of adoptable animals and costs associated with their care prior to euthanasia; and WHEREAS, to control the pet population and avoid euthanasia there is a need for low-cost spay and neuter services in -the -Orange County for both animals belonging to residents and during special events and programs conducted by the Orange County Animal Services Department; and WHEREAS, Wendy Royce, DVM, a veterinarian licensed in the State of North Carolina desires to provide low-cost spay and neuter services to Orange County residents through POP-NC mobile surgical vehicle; and WHEREAS, Wendy Royce has a need to park her POP-NC mobile surgical vehicle at a facility and in a place where she can operate her POP-NC mobile surgical vehicle in order to provide low cost spay and neuter services to Orange County residents. NOW, THEREFORE, in consideration of the promises and of the mutual covenants hereinafter set forth, Orange County and Wendy Royce agree to the following terms and conditions: A. The Veterinarian agrees to the following: 1. Scope of Services: a. Provide low-cost spay and neuter services to the general public through POP-NC and at special events and programs conducted by the Orange County Animal Services Department. b. Provide at the instruction of designated Animal Services staff, spay and neuter services to cats and dogs belonging to residents who qualify for the state of North Carolina's Low Cost Spay and Neuter Program (aka I- Care); but, not to the $20 Fix Program for Orange County residents administered by AnimalKind in partnership with Orange County. c. Veterinarian shall retain the sole and absolute discretion and judgment in the manner, method, and means of carrying out the duties to be performed Page 1 of 8 subject to Veterinarian's professional and ethical obligations as noted within Section A.9. This shall include, but not be limited to, Veterinarian's right to prescribe, treat, and diagnose in accordance with her own professional judgment. The means and/or method of performing the services shall remain within the sole discretion of Veterinarian, and County shall not have any right to control or determine such means and/or methods used by Veterinarian. 2. Fee Schedule. Provide services to the Department in accordance with the "Veterinarian's Fee Schedule," which is attached as "Exhibit A" and is hereby incorporated by reference. 3. Hours and Days of Operation. Adhere to the Animal Services Director approved scheduled hours of operation for POP-NC and time for clients to drop-off and pick-up of animals serviced. In addition, Veterinarian agrees to not provide service in a way as to impede the flow of traffic into and out of the Animal Services facility. 4. Mobile Surgical Vehicle. The Veterinarian will provide services to clients in the POP-NC mobile surgical vehicle parked in the space designated by the Animal Services Director at the Animal Services Center located at 1601 Eubanks Road, Chapel Hill, North Carolina 27516. 5. Client Parking. Provide professional clearly marked signage, approved by the Animal Services Director, directing clients to park in spaces designated by the Animal Services Director. 6. Special Events: a. Conduct up to three (3) special events per year with the Animal Services Department offering low cost spay and neuter services to certain sectors of the general public; including, but not limited to, Spay Day USA; and b. For special events and other activities in which Veterinarian spays or neuters designated animals for the Department, the Veterinarian shall submit a bill for services rendered to the Department within 30 days of the event. 7. Electrical Services. Reimburse County for metered electrical power provided to the POP-NC mobile surgery vehicle. Payment is to be made within 30 days of receipt of monthly invoice. 8. Terms of Payment: Veterinarian shall submit payment for monthly services to the County within 30 days of receipt of invoices. Payment shall be made out to Orange County and be addressed to: Page 2 of 8 Robert A. Marotto, Animal Services Director Orange County Animal Services Center 1601 Eubanks Road Chapel Hill, North Carolina 27516 9. License. The Veterinarian shall maintain a license to practice veterinary medicine, that is current and in good standing, within the state of North Carolina as well as the level of expertise and education necessary to keep abreast of current industry standards and practices. Veterinarian shall conduct her business in a manner compliant with the laws and professional standards set forth by the North Carolina Veterinary Medical Board and the American Veterinary Medical Association and shall conduct herself in accordance with the values and ethics of the veterinary profession. County agrees that it will in no way interfere with Veterinarian's professional and ethical obligations noted herein. 10. Insurance. The Provider shall purchase and maintain, during the period of performance of this Agreement, the following insurance: a. Worker's Compensation. For protection from claims under workers' or workmen's compensation acts. Minimum worker's compensation coverage up to the statutory limit of the State of North Carolina. Shall provide and maintain coverage as required by the laws of the State of North Carolina and employer's liability insurance $1,000,000 each accident, disease policy limit and disease each employee; b. Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of the Consultant's employees or any other person and to real and personal property including loss of use resulting thereof; c. Comprehensive Automobile Liability Insurance, including hired and non- owned vehicles, if any, covering personal injury or death, and property damage; and d. Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Consultant or his agents, consultants and employees. Limits of Coverage: Minimum limits of insurance coverage shall be as follows: INSURr1NCE DESCRIPTION MINIMUM REQUIRED COVERAGE Commercial General $1,000,000 Each Occurrence Liability $2,000,000 Aggregate Page 3 of 8 Automobile Liability $500,000 Combined Single Limit Professional Liability $1,000,000 Each Occurrence $1,000,000 Aggregate f. All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the County as an additional insured party and as a certificate holder. Evidence of such insurance and all correspondence shall be sent to: Orange County Risk Manager Post Office Box 8181 Hillsborough, NC 27278 g. Nothing in this section is intended to affect or abrogate the County's sovereign immunity defenses. 11. 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 Veterinarian, POP-NC and its employees, 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 Veterinarian to indemnify the County to the extent permitted under North Carolina law; and 13. Comply with all applicable federal, State, and local laws, including non- discrimination laws as may be applicable in fulfilling this agreement; and B. The County agrees to: 1. Allow the Veterinarian use of one of the two mobile unit parking spaces on the west side of the Animal Services Center located at 1601 Eubanks Road, Chapel Hill, North Carolina 27516 on which to park the POP-NC mobile surgical vehicle. 2. Allow Veterinarian the use of the parking space designated by the Animal Services Director at the Animals Services Center on days and during hours of operation of the POP-NC mobile surgical vehicle as provided in Section A.1 above. Provide designated parking areas for clients of POP-NC mobile services that does not interfere with services or traffic flow of the Animal Services Center. 4. Provide metered electrical usage to operate the POP-NC mobile surgical vehicle. Page 4 of 8 5. Coordinate and schedule at agreed upon times with Veterinarian up to three (3) special events or programs to provide low cost spay and neuter services to Orange County residents. 6. The Department will invoice the veterinarian monthly for her use of metered electricity and the Veterinarian will reimburse the Department the invoiced amount of electricity consumed by POP-NC during that period, no later than 30 days after the date of the invoice. C. The Parties Agree to: 1. Term. The term of this Agreement shall be from July 1, 2011, through June 30, 2012, unless terminated sooner as provided herein; and then renewable annually (July 1, 2012 through June 30, 2013) under the same terms and conditions upon prior written agreement by the Parties. 2. Surgical Procedures. It is understood and agreed that the veterinarian has sole responsibility for all surgical procedures including pre- and post-operative procedures. 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. 12 ~ Vv~-so h 1~. b. For Wendy Royce:. Wendy Royce, DVM, whose address is ~9~a~tg n ~ trek, Chapel Hill, North Carolina 27516 C~~ 6. OSHA Compliance. Veterinarian controls the facilities where the Veterinarian and its employees work. It is agreed Veterinarian 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. Page S of 8 7. Workers Compensation. Wendy Royce, DVM, is responsible for her own worker's compensation and the worker's compensation of her employees. 8. Independent Contractor. The services which Veterinarian or any of employees of Veterinarian 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 Veterinarian, her employees and Orange County. Both County and Veterinarian acknowledge that Veterinarian is not an employee of the County for state or federal tax purposes. Veterinarian shall retain the right to perform services for others during the term of this Agreement. 9. No provision of this Agreement shall be construed or interpreted as creating a pledge of the faith and credit of 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. Assignment. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Client without the prior written consent of duly authorized officials of both parties. 11. 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. 12. 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. 13. 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. Page 6 of 8 FOR AND ON BEHALF F ORANGE COUNTY Frank W. C ' on, Oran e County Manager FOR WENDY ROYCE, DVM Wendy Royce, D Approved as to technical content: Robert A Approved as to form and legal sufficiency: ~2~~1 Date Date Services Director Moore, Staff Attorney "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." Clarence G. Grier, Director Date Orange County Financial Services Appendix A Page 7 of 8 Spat/ Neuter Fee Schedule: The Veterinarian will be paid according to the following fee schedule: Basic Rate Female Dog $63 Male Dog $63 Female Cat $63 Male Cat $63 Additional Fees: Dogs in heat $10-20 Pregnant and/or lactating dogs $10-20 Cats in Heat $10-20 Pregnant and/or lactating cats $10-20 Cryptorchid dogs $20 Cryptorchid cats $20 Unbilical hernia repair $20 Surgical pain medications $5 Rabies vaccination $5 Page 8 of 8