HomeMy WebLinkAbout2019-450-E Animal Svc - SNAP NC spay-neuter services DocuSign Envelope ID:CE7A728C-3B49-40FA-BC72-CE7A2A13A793
[Departmental Use Only]
TITLE SNAP-NC
FY 2019-2020
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.
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DocuSign Envelope ID:CE7A728C-3B49-40FA-BC72-CE7A2A13A793
c. Veterinarian shalt 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 five (5) 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.
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DocuSign Envelope ID:CE7A728C-3B49-40FA-BC72-CE7A2A13A793
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
£ 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 1
g. Nothing in this section is intended to affect or abrogate the County's
sovereign immunity defenses.
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DocuSign Envelope ID:CE7A728C-3B49-40FA-BC72-CE7A2A13A793
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.Non-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 non-discrimination laws, policies, rules, and regulations and the
Orange County Non-Discrimination Policy and Orange County Living Wage Policy
(each policy is incorporated herein by reference and may be viewed at
http://www.oran,,ecountvnc.gov/del2artment.q/ptirchasinir divisionlcontracts. h .) Any
violation of the Orange County Non-Discrimination Policy 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.
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 five (5) 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, 2019 through June 30, 2020,
unless terminated sooner as provided herein; and then renewable for a year (July 1, 2020
through June 30, 2021) for an additional terra under the same terms and conditions upon
prior written agreement by the Parties.
2. Compensation for Services.
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DocuSign Envelope ID:CE7A728C-3B49-40FA-BC72-CE7A2A13A793
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 Twenty Eight Thousand Three Hundred and Seventy Six dollars ($
28,376.00), Fifteen Thousand dollars ($15,000.00) of which is for spay/neuter events
and Thirteen Thousand Three Hundred and Seventy six dollars ($13,376.00) of which
is for other spay/neuter 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
sheetlinvoice 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.
C. 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 providcd to and sent as follows:
a. For Orange County: Robert A. Marotta, Animal Services Director, Orange
County, Animal Services Center, 1601 Eubanks Road, Chapel Hill, North
Carolina 27516.
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DocuSign Envelope ID:CE7A728C-3B49-40FA-BC72-CE7A2A13A793
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. Provider acknowledges that County is a governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate. In the event that public funds are unavailable and not
appropriated for the performance of County"s obligations under this Agreement, then this
Agreement shall automatically expire without penalty to County immediately upon
written notice to Provider of the unavailability and non-appropriation of public funds. It
is expressly agreed that County shall not activate this non-appropriation provision for its
convenience or to circumvent the requirements of this Agreement, but only as an
emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the
County's statutory authority, mandate and/or mandated functions, by state and/or federal
legislative or regulatory action, which adversely affects County's authority to continue its °
obligations under this Agreement, then this Agreement shall automatically terminate
without penalty to County upon written notice to Provider of such limitation or change in
County's legal authority.
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.
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
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DocuSign Envelope ID:CE7A728C-3B49-40FA-BC72-CE7A2A13A793
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. By executing this Agreement Provider certifies that Provider has not been
identified, and has not utilized the services of any agent or subcontractor identified, on
the list created by the State Treasurer pursuant to G.S. 147-86.81.
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.
l
13. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
14. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use.of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
15. 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 11 A and Article 40 of North Carolina General Statute
Chapter 66.
IN WITNESS WHEREOF, the parties have hereunto signed this Agreement on the day and year
listed below.
FOR LAUREEN BARTFIELD, DVM
DocuSign by
7/10/2019
T1=2JOA:]aA6PA5A
Laureen Bartfield, DVM Date
FOR AND ON BEHALF OF ORANGE COUNTY
o�us�a��dbyED
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7/12/2019
C.S3Fe1S1R3FWd
Bonme Hammersley, County Manager Date
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Revised May 2019
DocuSign Envelope ID:CE7A728C-3B49-40FA-BC72-CE7A2A13A793
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.)
Barn 1 Feral Cat $60
Male Cat $75
Cry torchid Male Cat $105-$125
Female Cat $85
In Heat Cat $105
Pregnant Cat $115
8-591bs
Male Dog $125
Female Dog $125
In Heat Dog $165
Pregnant Dog $185
Cryptorchid Dog $175-$225
6o-901bs
Male Dog $175
Female Dog $175
In Heat Dag $215
Pregnant Dog $235
Cryptorchid Dog $225-$275
91-139 lbs
Male Dog $225
Female Dog $225
In Heat Dog $265
Pregnant Dog $285
C torchid Dog $275-$325
Hernia Repair Male Cat $30
Hernia Repair Female Cat $30
Hernia Repair Male Dog $50
Hernia Repair Female Dog $50
Microchip Provided by OCAS 1 $5
DocuSign Envelope ID:CE7A728C-3B49-40FA-BC72-CE7A2A13A793
�r1 SPAYASS-01 E13ROW
A CERTIFICATE OF LIABILITY INSURANCE LtO31201t20
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
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BELOW. THIS CERTIFICATE OF INSURANCE 1309S NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN8URER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
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IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SURROGATiON 15 WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
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PRODUCER License#10o290879 c TAcr
Chicago,IL-Huh International Midwest West PHONE
55 East Jackson Boulevard,Floor 14A AIC,No,Extl:(312)922-6000 'p C Nol;[31 358
Chicago,IL 60604 u
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INSUNCRA:Twin City Fire Insurance COfl PA 29459
INSURED WsuRERB:Hartford Underwriters Insurance Company30104 __
Spay-Reuter Assistance Program INSURER Ins Co of the Midwest 37478 _
of North Carolina
P.O.Box 278 INSURER D
New Hill,NC 27662 INSURER
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 SEEN REDUCED BY PA10 CLAIMS. s
INSR TYPE or INSURANCE ADDL SVBR pOLICY 6
LTR g POLICY NUMBER _(MMIDOffMJ LIMITS
A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2,000,000
CLAIMS-MADE OCCUR x 83S8WA50455 0912012018 09128/2019 -PREMISESA TOREN19en
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GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE '4,000,000
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 13EFORE
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ACCORDANCE WITH THE POLICY PROVISIONS.
&Amerlean Assots Corporation
5950 Falrviow Rd _-
SURG 800 AUTHORIZED REPRESENTATIVE
Charlotte,NC 28210 •d r'
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