HomeMy WebLinkAbout2013-126 Animal Services - SNAPNC for spay/neuter services $20 plus per animal AN AGREEMENT FOR THE PERFORMANCE OF SPAY/NEUTER SERVICES
This Agreement is between the County of Orange ("County") through the Animal Services
Department ("Department") and Laureen Bartfield, DVM and Director of Spay Neuter
Assistance Program of NC, Inc. - Mobile Spay/Neuter ("Veterinarian"), whose address is P.O.
Box 278, New Hill, North Carolina 27652, for the provision of mobile veterinary surgical
services through Spay Neuter Assistance Program of NC, Inc. ("SNAP-NC")
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 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, SNAP-NC desires to provide low-cost spay and neuter services to Orange County
residents through SNAP-NC mobile surgical vehicle; and
NOW, THEREFORE, in consideration of the promises and of the mutual covenants hereinafter
set forth, Orange County and the Veterinarian agree to the following terms and conditions:
A. SNAP-NC agrees to the following:
1. Scope of Services:
a. Provide low-cost spay and neuter services to the general public through SNAP-
NC and at special events 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; but, not to the $20 Fix Program
for Orange County residents administered by AnimalKind in partnership with
Orange County.
c. Laureen Bartfield, DVM, Director of SNAP-NC employed by SNAP-NC shall
retain the sole and absolute discretion and judgment in the manner, method, and
means of carrying out the duties to be performed subject to the 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
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performing the services shall remain within the sole discretion of Veterinarian,
and the 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 "SNAP-
NC'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's approved
scheduled hours of operation for SNAP-NC and time for clients to drop-off and pick-
up of animals serviced. In addition, SNAP-NC 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. SNAP-NC will provide services to clients in the SNAP-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. SNAP-NC shall provide clearly marked professional 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 organized by the 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 SNAP-NC spays or neuters
designated animals for the Department, SNAP-NC shall submit a bill for
services rendered to the Department within 30 days of the event.
7. Terms of Payment: SNAP-NC shall submit vouchers and a summary sheet/invoice
for monthly services to the County on or about the first of every month. Payment
shall be made out to Orange County and be addressed to:
Animal Services Director
Orange County Animal Services Center
1601 Eubanks Road
Chapel Hill,North Carolina 27516
8. 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 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
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itself 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.
9. Insurance. The Veterinarian 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 per 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.
e. Limits of Coverage: Minimum limits of insurance coverage shall be as
follows:
INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE
i. Commercial General $1,000,000 Each Occurrence
ii. Liability $2,000,000 Aggregate
iii. Automobile Liability $500,000 Combined Single Limit
iv. Professional Liability $100,000 each occurrence
$300,000 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
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g. Nothing in this section is intended to affect or abrogate the County's
sovereign immunity defenses.
10. Hold harmless. The Veterinarian will 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, SNAP-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
11. Comply with Laws. The Veterinarian shall 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:
I. 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 SNAP 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
SNAP mobile surgical vehicle as provided in Section A.1 above.
3. Provide designated parking areas for clients of SNAP mobile services that do not
interfere with services or traffic flow of the Animal Services Center.
4. 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.
C. The Parties Agree to:
1. Term. The initial term of this Agreement shall be from April 26, 2013, through June 30,
2013, unless terminated sooner as provided herein; and then renewable for a year(July 1,
2013 through June 30, 2014) for an additional term 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. This Agreement may be terminated at any time without penalty by either
party, with or without cause, upon delivery of written notice of termination furnished to
the other party at least ninety 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 shall be provided to and sent as follows:
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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 Veterinarian: Laureen Bartfield, DVM, SNAP-NC, P.O. Box 278, New
Hill,NC 27652.
5. 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.
6. Workers Compensation. SNAP-NC is responsible for its own worker's compensation
and the worker's compensation of its employees.
7. 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.
8. Non Appropriation. 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.
9. 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.
10. Entire Agreement. 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. Governing Law. The laws of the State of North Carolina shall govern the validity and
interpretation of the provisions,terms, and conditions of this Agreement.
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IN WITNESS WHEREOF, the parties have hereunto signed this Agreement on the day and year
listed below.
FOR L N BARTFIELD, DVM
Ldpj/e6jarffikeld,DVM Date
FOR AND ON BEHALF QF ORANGE COUNTY
Frank W. Cliff , range Cou ager Date
Approved as to technical content: 0? 9
Robert A. Marotto,Animal Services Director
Approved as to form and legal sufficiency: Al_�
41 Annett Moor , Staff Attorney
"This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act."
U(,-, 1) �k qL [ l 3
Clarence G. Grier, Director Date
Orange County Financial Services
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APPENDIX A:
SPAY NEUTER FEE SCHEDULE
SNAP-NC will collect vouchers for the Orange County low income program from approved pet
owners on the date of their appointment. It is understood that the eligible pet owners do not pay
any co-pay, but present vouchers which are for spay or neuter, exam,DHPP or FVRCP and
rabies vaccinations and all services related to surgery(anesthesia etc.)
Female Dogs <60 pounds $100
Female Dogs> 60 pounds $120
Male Dogs<60 pounds $95
Male Dogs>60 pounds $110
Female Cats $65
Male Cats $50
Additional Fees:
Female Dogs<60 pounds if pregnant $35
Female Dogs>60 pounds if pregnant $45
Male Dogs<60 pounds if cryptorchid $40
Male Dogs>60 pounds if cryptorchid $45
Female Cats if pregnant $25
Male Cast if cryptorchid $20
All Feral Cats $50
Hernia Repair $20
Heat Dog $30
Heat Cat $15
Take home pain medicine:
Cats $3
Dogs $5
E-collars $6
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