HomeMy WebLinkAbout2020-379-E-Animal Svc-April Kolstad DVM FY 20-21 Vet Agreement1
Rev. 6/19
TITLE April Kolstad, DVM
FY 2020-2021
NORTH CAROLINA
ORANGE COUNTY
AN AGREEMENT FOR THE PROVISION OF CONSULTING VETERINARY
SERVICES AND THE PERFORMANCE OF SPAY/NEUTER AND OTHER SURGICAL
SERVICES
This Agreement is between the County of Orange (“County”) through the Animal Services
Department (“Department”) and April Kolstad, DVM, (”Veterinarian”) whose address is 706
Cloverfield Dr. Hillsborough, NC 27278 , for the provision of consulting veterinary services and
the performance of surgical 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 approved necessary
surgical services for animals adopted from or available to be adopted from the Department; and
WHEREAS, April Kolstad, 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. Provide veterinary services that include, but are not limited to, basic veterinary care
for shelter animals and training for department staff to become certified euthanasia
technicians pursuant to the rules promulgated under the North Carolina Animal
Welfare Act; training for department staff to become Certified Rabies Vaccinators
in accordance with guidelines set forth by the North Carolina Department of Health
and Human Services Division of Public Health; training and supervision of any
staff implementing electronic identification devices (“microchips”) into animals
within the care of the Animal Services Department; and other training as deemed
appropriate by the Veterinary Health Care Manager and Animal Services Director.
2. Consult with the Department management staff to develop and monitor standard
operating guidelines that include, but are not limited to, animal health and
husbandry; disease outbreak and management and the care of individual animals
with infirmities; and
DocuSign Envelope ID: 9AA56181-4B56-409A-BE9B-9F92F8EC5CA0
2
Rev. 6/19
4. Provide up to 10 hours per/week of consultation services to the Department at a
level scheduled by the Veterinary Health Care Manager, including telephone
consultation and on-site veterinary services; consultation services to occur Monday
through Sunday; and after hour critical care for injured or ill animals on the basis
of a mutually agreed upon schedule.
5. 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
6. 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
7. Be a member in good standing of the American Veterinary Medical Association;
and
8. 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 Veterinarian, 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
9. Comply with all applicable federal, State, and local laws, including non-
discrimination laws as may be applicable in fulfilling this agreement; and
10. The Veterinarian shall submit an invoice for services rendered to the Department
on a monthly basis, and the invoice shall differentiate hours of surgical and
consulting services. Hours of surgical and consulting services shall be reported by
Veterinarian to Department weekly.
11. As requested by the Department, coordinate with the Department to timely obtain
any necessary DHHS or DEA licenses or registrations needed to purchase
controlled substances to be used by the Department for surgery and pain
management. Said licenses or registrations shall name both the Department and the
Veterinarian and shall be obtained at no cost to Veterinarian.
B. The County agrees to:
1. Payment. Orange County shall reimburse the Veterinarian for an amount not to
exceed Twenty - Five Thousand Dollars ($25,000) for services rendered from July 1,
2020, to June 31, 2021, and as provided herein.
DocuSign Envelope ID: 9AA56181-4B56-409A-BE9B-9F92F8EC5CA0
3
Rev. 6/19
C. The Parties Agree to:
1. Term. The term of this Agreement shall be from July 1, 2020, through June 31,
2021, unless terminated sooner as provided herein.
2. Terms of Payment.
a. The County shall pay the Veterinarian for consultation at an hourly rate of
Forty-Two Dollars ($42) per hour; and
b. Upon submission of an invoice, the County shall reimburse the Veterinarian
in an amount up to Two Hundred Dollars ($200) for any expenses related
to performance of this Agreement, except those performed in Section A.1.
c. Upon a submission of an invoice for Certified Rabies Vaccinator Training
or any other training as provided in Section A.1., the veterinarian shall
submit a log of their time for payment to the Department no later than thirty
(30) days from the first day of logged time.
d. 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 between the County and Veterinarian
including the amendments related to these agreements.
4. Termination. This Agreement may be terminated at any time without penalty by
County, with or without cause, upon delivery of at least thirty (30) days’ prior
written notice of termination to Veterinarian. This Agreement may be terminated
at any time without penalty by Veterinarian, with or without cause, upon delivery
of at least sixty (60) days’ prior written notice of termination to County. 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
County, Veterinarian will discontinue work on the services and shall not resume
the services until notified to proceed by County.
DocuSign Envelope ID: 9AA56181-4B56-409A-BE9B-9F92F8EC5CA0
4
Rev. 6/19
7. Notices. Any notice required by this Agreement shall be in writing and delivered
by certified or registered mail, return receipt requested to the following:
Orange County Provider’s Name & Address
Attention: Bob Marotto April Kolstad, DVM
P.O. Box 8181 706 Cloverfield Dr.
Hillsborough, NC 27278 Hillsborough, NC 27278
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 his or 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. 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 contingently to secure
any monies due under this Agreement.
12. 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.
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 Veterinarian’s performance of this Agreement
generate documents, items or things that are specific to the services rendered to the
DocuSign Envelope ID: 9AA56181-4B56-409A-BE9B-9F92F8EC5CA0
5
Rev. 6/19
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.
15. Governing Law and Priority. 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 Veterinarian affirms
that Veterinarian and any subcontractors of Veterinarian are and shall remain in
compliance with Article 2 of Chapter 64 of the North Carolina General Statutes.
By executing this Agreement Veterinarian certifies that Veterinarian 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 Veterinarian certifies that Veterinarian 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. In determining the basic services
to be provided, should any documents be referenced in or attached to this Agreement, the
terms herein shall have priority in any conflict between the terms of referenced documents
and the terms of this Agreement.
16. 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.
17. 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.
18. 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.
DocuSign Envelope ID: 9AA56181-4B56-409A-BE9B-9F92F8EC5CA0
6
Rev. 6/19
IN WITNESS WHEREOF, the parties have hereunto signed this Agreement on the day and year
listed below.
FOR VETERINARIAN
____________________________________________ __________________________
April Kolstad, DVM Date
FOR AND ON BEHALF OF ORANGE COUNTY
_________________________________________ __________________________
Bonnie Hammersley, Orange County Manager Date
DocuSign Envelope ID: 9AA56181-4B56-409A-BE9B-9F92F8EC5CA0
6/26/2020
6/29/2020
7
Rev. 6/19
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: April Kolstad, DVM Party/Vendor Contact Person: April Kolstad Contact Phone: 919-672-
9684 Party/Vendor Address: 706 Cloverfield Dr. City Hillsborough State: NC Zip: 27278 Department: Animal
Services Amount: Up to $10,000 Purpose: To provide veterinary medical services Budget Code(s): 10215020
629004 Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check
one) New Renewal Amendment Effective Date Approved by Board Yes No Agenda
Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively 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: 9AA56181-4B56-409A-BE9B-9F92F8EC5CA0
6/29/2020
6/29/2020
6/29/2020
6/29/2020
!
!" #$ %&
" #
$ %
%
&
'
()* +
#
,-
'"()*"
+',.-/ 0 1
,-.
#,-.-#
-.
-
,
/
01**2
""1+3'(1
)
2 )+ $ $/ /
+ $ $/ /
/+ )3 ) ()
4
' 5 67'
# 8
7
4 * 6( /#/#1
(
) *
')* ()')* (. ,
) 9 6
5 // 8 :;<3) ) ,=
9 6
' ))
))
42 )
;
+
!" #$ %&> !" #$ %&>? @ !" $ 0&>
/1( " $ %&> 00( " $ %&>? @2" $ @&>?
@% !" 1$ 0&
3
3
()*
"& ,=
, )") A &$,)* 3)3 "
&+
2
6
) *
- 7,+
9 @
9 @
()* $ ,= ,)*
1 * .
7
)"
&+
)+
B3
( .46
4A; ' )
;
'
* )
'
"'& * ;
A
#
$ )
) #
$ 5 )
)*
)=*#
C
(
) +D
)
;
)
-A=@81 %
3
)* 6; 8 @81 %
DocuSign Envelope ID: 9AA56181-4B56-409A-BE9B-9F92F8EC5CA0