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HomeMy WebLinkAbout2016-338-E Animal Svc - SNAPNC for low cost spay-neuter surgeries DocuSign Envelope ID:7D369AB4-7359-4B70-8917-A39568F53C73 [Departmental Use Only] TITLE SNAP-NC FY 2016-2017 NORTH CAROLINA SERVICES AGREEMENT UNDER$90,000.00 ORANGE COUNTY This Services Agreement is between the Orange County, a local political subdivision of the State of North Carolina ("County") by and through the Orange County 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, 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 Spay/Neuter Program for Orange County residents administered by Animal Kind in partnership with Orange County. 1 Revised June 2016 DocuSign Envelope ID:7D369AB4-7359-4B70-8917-A39568F53C73 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. It is understood and agreed that the veterinarian has sole responsibility for all surgical procedures including pre- and post-operative procedures. d. 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. 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 Eubanks 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 days of the event. 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 provide services 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. 2 Revised June 2016 DocuSign Envelope ID:7D369AB4-7359-4B70-8917-A39568F53C73 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 $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. 3 Revised June 2016 DocuSign Envelope ID:7D369AB4-7359-4B70-8917-A39568F53C73 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. 11. Anti-Discrimination. Veterinarian shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. 12. Living Wage. Orange County is committed to providing its employees with a living wage and encourages agencies it funds to pursue the same goal. The County's living wage is $13.15per/hour (and may be increased for the fiscal year for this agreement). To the extent possible, Orange County recommends that SNAP-NC provide a living wage to its employees. B. The County agrees to: 1. Allow the Veterinarian use of one of the two mobile unit parking spaces on the west side of the Animal Services Center located at 1601 Eubanks Road, Chapel Hill, North Carolina 27516 on which to park the SNAP mobile surgical vehicle. 2. Allow Veterinarian the use of the parking space designated by the Animal Services Director at the Animals Services Center on days and during hours of operation of the SNAP mobile surgical vehicle as provided in Section A.1 above. 3. Provide designated parking areas for clients of SNAP mobile services that do not interfere with services or traffic flow of the Animal Services Center. 4. Coordinate and schedule at agreed upon times with Veterinarian up to four (4) special events or programs to provide low cost spay and neuter services to Orange County residents. C. The Parties Agree to: 1. Term. The term of this Agreement shall be from July 1, 2016 through June 30, 2017, unless terminated sooner as provided herein; and then renewable for a year (July 1, 2017 through June 30, 2018) for an additional term under the same terms and conditions upon prior written agreement by the Parties. 4 Revised June 2016 DocuSign Envelope ID:7D369AB4-7359-4B70-8917-A39568F53C73 2. Compensation for Services. a. Compensation for services shall include all compensation due Veterinarian from the County for all services under this Agreement. the maximum amount payable for Services is Nineteen Thousand Seven Hundred Fifty dollars ($ 19,750.00), Eleven Thousand Five Hundred dollars ($11,500) for spay and neuter services and Eight Thousand Two Hundred Fifty dollars ($8,250) for ICARE Services. Payment for services shall become due and payable within thirty (30) days of Veterinarian properly invoicing County as provided below. Payment shall be subject to provisions of subsection 2.d. below. b. 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. c. 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 d. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. e. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 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: 5 Revised June 2016 DocuSign Envelope ID:7D369AB4-7359-4B70-8917-A39568F53C73 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, 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. Laureen Bartfield, DVM is responsible for her own 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 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. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other 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. 6 Revised June 2016 DocuSign Envelope ID:7D369AB4-7359-4B70-8917-A39568F53C73 11. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147- 86.58. 12. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 13. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties have hereunto signed this Agreement on the day and year listed below. FOR LAUREEN BARTFIELD, DV DocuSigned by: ()NOWA, 1501V11.60, 23F64090BB68459... Laureen Bartfield, DVM Date ilLPN BEHALF OF ORANGE COUNTY 5.6tA,Uut, t'e.wtwte-rStu 06379948755E477 Bonnie Hammersley, County Manager Date 7 Revised June 2016 DocuSign Envelope ID:7D369AB4-7359-4B70-8917-A39568F53C73 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, take home pain medicine, e-collar(for male dogs) and all services related to surgery(anesthesia etc.) Male Cat $75 Cryptorchid male cat $90 Female Cat $85 In Heat Cat $100 Pregnant Cat $100 <60 lbs Male Dog $125 Female Dog $125 In Heat Dog $155 Pregnant Dog $175-$190 Cryptorchid Dog $175-$190 >60 I bs Male Dog $150 Female Dog $150 In Heat Dog $175 Pregnant Dog $195-$200 Cryptorchid Dog $195-$200 Hernia repair dog or cat $20 8 Revised June 2016 DocuSign Envelope ID:7D369AB4-7359-4B70-8917-A39568F53C73 SPAYASS-01 LCORRALES AAcoRLY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �--"' 6/24/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 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 License#100290819 CONTACT NAME: Chicago,IL-Hub International Midwest West PHONE onn 228-7548 FAX 866 229-3296 55 East Jackson Boulevard ( /C.No,Ext): ) ( /C.No): ( ) Floor 14A ADDRESS: Chicago,IL 60604 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Insurance Company 29424 INSURED INSURER B: Spay-Neuter Assistance Program INSURER C: of North Carolina 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT 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 INSD SUBR POLICY EFF POLICY EXP VD POLICY NUMBER W LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR X 83SBWRW6808 01/18/2016 01/18/2017 DAMAGES( RENTED 300,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Risk Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Or Or Box 0181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE .4<ata 444,4,04 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD