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HomeMy WebLinkAbout2021-424-E-Animal Svc-Mikaela Archambeault, DVM-Veterinary ServicesRev 5/19 TITLE Mikaela Archambeault, DVM FY 2021-22 NORTH CAROLINA ORANGE COUNTY AN AGREEMENT FOR THE PROVISION OF CONSULTING VETERINARY SERVICES AND THE PERFORMANCE OF SPAY/NEUTER SERVICES This Agreement is between the County of Orange (“County”) through the Animal Services Department (“Department”) and Mikaela Archambeault, DVM, (“Veterinarian”) whose address is 836 Ember Drive, Durham NC 27703, for the provision of spay/neuter surgery services and back up consulting veterinary services 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 and to provide in -house spay/neuter surgery services for animals adopted from or available to be adopted from the Department; and WHEREAS, Mikaela Archambeault, DVM, a licensed veterinarian in the State of North Carolina desires to provide consultation and surgical 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 Veterinarian agree to the following terms and conditions: A. The Veterinarian agrees to the following: 1. Work with the Principal DVM, as required by the Veterinary Health Care Manager, to provide up to 8.5 hours per week of services including, but not limited to, procedures for sterilization, examination and treatment in accordance with the Department’s standard operating guidelines; and a. Surgical services shall be provide for up to 8.5 hours per week, unless the veterinarian is providing back up coverage in absence of the other contracted veterinarian or otherwise approved by the Veterinary Health Care Manager (up to an additional 8.5 hours per week). The surgical services shall be scheduled during the time period Monday through Friday, 8:00 am to 3:00 pm (unless otherwise approved by the Veterinary Health Care Manager); and b. Perform sterilization surgery services on select animals by performing a complete ovariohysterectomy for female animals and castration for male animals; and DocuSign Envelope ID: 207B3C7F-498F-4DAD-A0CF-E9A70C728A7D Rev 5/19 c. Conduct a pre-surgical physical examination of the animal to determine the animal’s suitability for surgery. Any medical and physical abnormalities that present upon examination will be documented in the animal’s medical record and communicated to the Veterinary Health Care Manager or designee. The Veterinarian shall consult with the Veterinary Health Care Manager or appropriate designee prior to and concerning decisions to disqualify an animal for surgery; and d. Document the physical examination, any abnormalities, treatments and/or surgical procedures performed for each animal in the animal’s medical record; and 2. When needed as back up, provide consultation services to the Department, including telephone consultation and on-site veterinary services in absence of the other contracted veterinarian or as otherwise approved by the Veterinary Health Care Manager. Consultation services to occur Monday through Sunday, and to be available as needed to provide additional back-up coverage during a given week; Veterinary services include, but are not limited to, animal health and husbandry; disease outbreak and managing the care of individual animals with infirmities; supervision of any staff implementing electronic identification devises (“microchips”) into animals within the care of the Animal Services Department; 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. 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 annually to the Department; and 5. Be a member in good standing of the American Veterinary Medical Association; and 6. 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 7. Comply with all applicable federal, State, and local laws, including non- discrimination laws as may be applicable in fulfilling this agreement; and DocuSign Envelope ID: 207B3C7F-498F-4DAD-A0CF-E9A70C728A7D Rev 5/19 8. The Veterinarian shall submit an invoice for services rendered to the Department on a monthly basis. B. The County agrees to: 1. Payment. Orange County shall reimburse the Veterinarian for an amount not to exceed Twenty Thousand Dollars ($20,000) for services rendered from July 1, 2021 to June 30, 2022, and as provided herein. C. The Parties Agree to: 1. Term. The term of this Agreement shall be from July 1, 2021 through June 30, 2022, unless terminated sooner. 2. Terms of Payment. a. The County shall pay the Veterinarian for consultation and surgical services at a rate of Sixty Dollars ($60.00) per hour; and b. Upon submission of an invoice, the County shall reimburse the Veterinarian in an amount up to Five Hundred Dollars ($500) for any expenses related to performance of this Agreement. c. The Department shall pay the Veterinarian for services rendered within thirty (30) days of an invoice properly submitted. 3. Termination of Prior Agreements and Amendments. This agreement supersedes and nullifies any and all prior agreements or any amendments to the Agreements between the County and Veterinarian. 4. 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 thirty days prior to termination of t he Agreement. In the event of such termination, any payment due shall be prorated to the date of termination. 5. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Veterinarian with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any other required compliance with this Agreement. 6. Suspension. County may suspend the services to be rendered under this Agreement and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Veterinarian. Upon any suspension by DocuSign Envelope ID: 207B3C7F-498F-4DAD-A0CF-E9A70C728A7D Rev 5/19 County, Veterinarian will discontinue work on the services and shall not resume the services until notified to proceed by County. 7. 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 Mikaela Archambeault: Mikaela Archambeault, DVM, whose address is 836 Ember Drive, Durham NC 27703. 8. 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. 9. Workers Compensation. Veterinarian is responsible for her own workers’ compensation. 10. Independent Contractor. The services which 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 and Orange County. 11. Limitation and Assignment. The County and Veterinarian each bind themselves, their successors, assigns, and legal representatives to the terms of this Agreement. Neither the County nor the Veterinarian shall assign or transfer its interest in this Agreement without the written consent of the other. 12. Non-Appropriation. 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 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 contingentl y to secure any monies due under this Agreement. DocuSign Envelope ID: 207B3C7F-498F-4DAD-A0CF-E9A70C728A7D Rev 5/19 13. 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. 14. 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. 15. Ownership of Work Product. Should Veterinarian’s performance of this Agreement generate documents, items or things that are specific to the services rendered to the County such documents, items, or things shall become property of the County and may be used on any other project without additional compensation to the Veterinarian. The use of the documents, items, or things by the County or by any person or entity for any purpose other than the services rendered to the County as set forth in this Agreement shall be at the full risk of the County. 16. 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 identified, 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. 17. Non-Discrimination. Provider 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.orangecountync.gov/departments/purchasing_division/contracts.php). 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. 18. 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 DocuSign Envelope ID: 207B3C7F-498F-4DAD-A0CF-E9A70C728A7D Rev 5/19 agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 19. 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. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement on the day and year listed below. FOR Mikaela Archambeault, DVM ____________________________________________ __________________________ Mikaela Archambeault, DVM Date FOR AND ON BEHALF OF ORANGE COUNTY _________________________________________ ______________________________ Bonnie Hammersley, Manager Date DocuSign Envelope ID: 207B3C7F-498F-4DAD-A0CF-E9A70C728A7D 7/31/2021 8/3/2021 Rev 5/19 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Mikaela Archambeault, DVM Party/Vendor Contact Person: Mikaela Archambeault Contact Phone: 919-434-9725 Party/Vendor Address: 836 Ember Drive City Durham State: NC Zip: 27703 Department: Animal Services Amount: Up to $20,000 Purpose: Veterinary Services Budget Code(s): 10215020 629010 and 629004 Vendor # 65325 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 07/01/2021 Approved by Board Yes No Agenda Date: This agreement is approved as to technical form and content and I as Department Director affir matively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 207B3C7F-498F-4DAD-A0CF-E9A70C728A7D 8/1/2021 8/2/2021 8/3/2021 8/3/2021 DocuSign Envelope ID: 207B3C7F-498F-4DAD-A0CF-E9A70C728A7D DocuSign Envelope ID: 207B3C7F-498F-4DAD-A0CF-E9A70C728A7D DocuSign Envelope ID: 207B3C7F-498F-4DAD-A0CF-E9A70C728A7D DocuSign Envelope ID: 207B3C7F-498F-4DAD-A0CF-E9A70C728A7D DocuSign Envelope ID: 207B3C7F-498F-4DAD-A0CF-E9A70C728A7D