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HomeMy WebLinkAbout2014-491 Animal Services - SNAP NC for Low Cost Spay/Neuter Services $ Per Attached Fee Schedule [Departmental Use Only] TITLE SNAP-NC FY 2014-15 NORTH CAROLINA SERVICES AGREEMENT UNDER$50,000.00 ORANGE COUNTY 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 veterinaay 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, Laureen Bartfield, DMV, a veterinarian licensed in the State of North Carolina 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. The Veterinarian 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. 1 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 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 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 "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's approved scheduled hours of operation for SNAP-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 SNAP-NC mobile surgical vehicle parked in the space designated by the Animal Services Director at the Animal Services Center located at 1601 Eubatnks Road, Chapel Hill,North Carolina 27516. 5. Client Parking. Veterinarian 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 four (4) 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 Veterinarian spays or neuters designated animals for the Department, the Veterinarian shall submit a separate bill for services rendered to the Department within 30 clays of the event. 7. Terms of Payment: Veterinarian 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 2 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 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. 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 REOUIR D 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 $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 3 I 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. 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: 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 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 four (4) special events or programs to provide low cost spay and neuter services to Orange County residents. C. The Parties Agree to: 1. Term. The term of this Agreement shall be from July 1, 2014through June 30, 2015, unless terminated sooner as provided herein; and then renewable for a year(July 1, 2015 through June 30, 2016) 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 sale responsibility for all surgical procedures including pre-and post-operative procedures. 4 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 ft rnished to the other party at least ninety days prior to termination of the Agreement. In tl to 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: a. For Orange County: Robert A. Marotto, Animal Services Direct(r, Orange County, Animal Services Center, 1601 Eubanks Road, Chapel Hill, North Carolina 27516. b. For Veterinarian: Laureen Bartfield, DVM,P.O. Box 278,New Hill,N"- 27652. 5. OSHA Compliance. Veterinarian controls the facilities where the Vete6tarian 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. Laureen Bartfield, DVM is responsible for her ow i worker's compensation and the worker's compensation of her 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 employe4;, 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 durit Lg 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 d z)nation 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 bey end 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 agai 1st 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 ir.directly 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. 5 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 e:cecuted by the duly authorized officials of both parties. 12. Governing Law. The laws of the State of North Carolina shall govern the v flidity and interpretation of the provisions,terms,and conditions of this Agreement. 13. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence th,, intent of the Parties to comply with Article 11 A and Article 40 of North Carolina Gene ral Statute Chapter 66. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement on the day and year listed below. FOR N B ,DVM l�E� Laureen artfield,DVM Date FOR AND ON BEHALF OF ORANGE COUNTY 1e_1 County Manager Date Approved as to technical content: Robert A.Marotto,Animal Services Director Approved as to form and legal sufficiency: Annett M. Moor , 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,Asst. County Manager/CFO Dat 6 APPENDIX A: SPAY NEUTER FEE SCHEDULE SNAP-NC will collect vouchers for the Orange County low income program from app-oved 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 FVRCI'and rabies vaccinations,take home pain medicine,e-collar(for male dogs) and all services related to surgery(anesthesia etc.) Male Cat $60 Cryptorchid male cat $80 Female Cat $70 In Heat Cat $85 Pregnant Cat $95 MIMMEM Male D $105 Female D $110 In Heat D $125 Pregnant Do $145 Cryptorchid Do $145 MININIMMEMMEMEW Male D $120 Female D $130 In Heat D $145 Pregnant D $165 Cryptorchid Dog $165 Hemia repair dog or cat $20 8 Client#:22189 SPAYNEUT ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 08/18/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: "MA PLIT Business Insurance PHONE FJX A/C No,Ext: A IC,No): Hub International Midwest Limited E-MAIL ADDRESS: 55 East Jackson Boulevard,Ste 14B INSURER(S)AFFORDING COVERAGE NAIC# Chicago,IL 60604 INSURER Hartford Insurance Group 29424 INSURED INSURER B Spay-Neuter Assistance Program of North Carolina INSURER P.O.Box 278 INSURER D. New Hill,NC 27562 INSURER E INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RE:PECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MWDD MM/DD/YYYY LIMITS A GENERAL LIABILITY 83SBWRW6808 1/18/2014 01/18/201 EACH OCCURRENCE $2000000 X COMMERCIAL GENERAL LIABILITY DA G TO RENTED PR MIS S Ea ocxiurre ice $300 000 CLAIMS-MADE F7x OCCUR MED EXP(Any one per son) $10,000 PERSONAL&ADV INJ JRY $2,000,000 GENERALAGGREGAIE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/O'AGG $4,000,000 POLICY 7 PRO- LOC $ AUTOMOBILE LIABILITY Ea COMBINED etSINGLE U AIT $ ANY AUTO BODILY INJURY(Per parson) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per a x:itlent) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT I$ OFFICERIMEMBER EXCLUDED? F N/A (Mandatory in NH) E.L.DISEASE-EA EM'LOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLIC"LIMIT 1$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate Holder is included as Additional Insured as their interests may appear with respects to General Liability. Loc#1 -6588 BEAVER CREEK RD;NEW HILL,NC Subject to policy terms,conditions,and exclusions. CERTIFICATE HOLDER CANCELLATION Orange County Risk Manager SHOULD ANY OF THE ABOVE DESCRIBED POLICIE: BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE _71W GGG ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S948512/M948511 RM02