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HomeMy WebLinkAbout2012-292 Animal Services - Wendy Royce for Veterinary Services $40 per hr AN AGREEMENT FOR THE PROVISION OF CONSULTING VETERINARY SERVICES This Agreement is between the County of Orange ("County") through the Animal Services Department ("Department") and Wendy Royce, DVM, , ("Veterinarian") whose address is 1239 Watson Rd, Chapel Hill, NC 27516, for the provision of relief veterinary services during the absence of the primary consulting veterinarian. 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 in the absence of the regular consulting veterinarian; and WHEREAS, Wendy Royce, DVM, a licensed veterinarian in the State of North Carolina desires to provide consulting 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 Wendy Royce agree to the following terms and conditions: A. The Veterinarian agrees to the following: 1. Provide veterinary services that include, but are not limited to, basic veterinary care for shelter animals; and 2. Provide consultation services to the Department at a level scheduled by the Shelter Manager, including telephone consultation and on-site veterinary services; consultation services to occur Monday through Sunday; and 3. 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 4. 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 5. Comply with all applicable federal, State, and local laws, including non- discrimination laws as may be applicable in fulfilling this agreement; and Page 1 of 2 r 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 to the Department; and 7. Be a member in good standing of the American Veterinary Medical Association; and 8. The Veterinarian shall submit an invoice for services rendered to the Department at the completion of the period of relief service. B. The County agrees to: 1. Payment. Orange County shall reimburse the Veterinarian up to Nine Hundred Ninety-Nine Dollars ($999.00) for services rendered from July 1, 2012, to June 30, 2013, 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 July 1, 2012, through July 31, 2012,unless terminated sooner as provided herein. 2. Compensation. The County shall pay the Veterinarian for services rendered at a rate of Forty Dollars ($40.00) per hour up to, but to not exceed a total amount of Nine Hundred Ninety-Nine dollars ($999.00). 3. 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 five days prior to termination of the Agreement. In the event of such termination, any payment due shall be prorated to the date of termination. 4. Notice. 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 Wendy Royce: Wendy Royce, DVM, ("Veterinarian") Wendy Royce, DVM, 1239 Watson Road, Chapel Hill,NC 27516 5. 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. Page 2 of 2 6. Workers Compensation. Wendy Royce is responsible for her own workers' compensation. 7. Independent Contractor. The services which Wendy Royce 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 Wendy Royce and Orange County. 8. 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 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. 9. 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. 10. 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. [SIGNATURE PAGE TO FOLLOW] Page 3 of 3 FOR WENDY ROYCE,DVM !" On Wendy Royce, DV Nf Date FOR AND ON BEHALF OF ORANGE COUNTY Robert A. Marotto,Animal Services Director Date "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 and Administrative Services 0or Approved as to form and legal sufficiency: Annette M. Moore, Staff Attorney Page 4 of 4