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HomeMy WebLinkAbout2020-614-E Animal Svc-SNAP Inc mobile spay neuter services1 Revised June 2020 [Departmental Use Only] TITLE SNAP-NC FY 2020-2021 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. DocuSign Envelope ID: 636718F8-BFB7-4B4B-A663-DC934D31AC05 2 Revised June 2020 c. Provide spay and neuter services to select shelter animals prior to adoption or transfer. Additional surgical procedures may also be performed at agreed upon costs when necessary or beneficial to the animal’s health. d. 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. e. 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 DocuSign Envelope ID: 636718F8-BFB7-4B4B-A663-DC934D31AC05 3 Revised June 2020 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 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 DocuSign Envelope ID: 636718F8-BFB7-4B4B-A663-DC934D31AC05 4 Revised June 2020 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. 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.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. 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, 2020 through June 30, 2021, unless terminated sooner as provided herein; and then renewable for a year (July 1, 2021 through June 30, 2022) for an additional term under the same terms and conditions upon prior written agreement by the Parties. DocuSign Envelope ID: 636718F8-BFB7-4B4B-A663-DC934D31AC05 5 Revised June 2020 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 Twenty Seven Thousand dollars ($ 27,000.00), Fifteen Thousand dollars ($15,000.00) of which is for spay/neuter events and Twelve Thousand dollars ($12,000.00) 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 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: a. For Orange County: Robert A. Marotto, Animal Services Director, Orange County, Animal Services Center, 1601 Eubanks Road, Chapel Hill, North Carolina 27516. DocuSign Envelope ID: 636718F8-BFB7-4B4B-A663-DC934D31AC05 6 Revised June 2020 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. DocuSign Envelope ID: 636718F8-BFB7-4B4B-A663-DC934D31AC05 7 Revised June 2020 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 subcontract or, 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. 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 11A and Article 40 of North Carolina General Statute Chapter 66. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 636718F8-BFB7-4B4B-A663-DC934D31AC05 8 Revised June 2020 IN WITNESS WHEREOF, the parties have hereunto signed this Agreement on the day and year listed below. FOR LAUREEN BARTFIELD, DVM ___________________________________________ __________________________ Laureen Bartfield, DVM Date FOR AND ON BEHALF OF ORANGE COUNTY _________________________________________ ______________________________ Bonnie Hammersley, County Manager Date DocuSign Envelope ID: 636718F8-BFB7-4B4B-A663-DC934D31AC05 9/1/2020 9/4/2020 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‐$130 Female Cat $90 In Heat Cat $110 Pregnant Cat $120-$135 <60 lbs Male Dog $130 Female Dog $135 In Heat Dog $175-$195 Pregnant Dog $195-$210 Cryptorchid Dog $180‐$230 60 lbs to 90 lbs Male Dog $175 Female Dog $190 In Heat Dog $230-$250 Pregnant Dog $250-$265 Cryptorchid Dog $225-$275 91 lbs to 139 lbs Male Dog $225 Female Dog $250 In Heat Dog $290-$310 Pregnant Dog $310-$325 Cryptorchid Dog $275-$325 Hernia Repair Male Cat $30 Hernia Repair Female Cat $30 Hernia Repair Male Dog $50 Hernia Repair Female Dog $50 DocuSign Envelope ID: 636718F8-BFB7-4B4B-A663-DC934D31AC05 10 Revised June 2020 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: SNAP NC Party/Vendor Contact Person: Laureen Bartfield Contact Phone: 919-291-0046 Party/Vendor Address: PO Box 278 City New Hill State: NC Zip: 27652 Department: Animal Services Amount: Up to $27,000 Purpose: Provide Spay and Neuter to Community Members and Shelter Animals Budget Code(s): 38215020 629011, 629012, 629013 and 10215020 629010 Vendor # 61909 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date July 1, 2020 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, specifica tions, 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 Allen Coleman upon completion: acoleman@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: 636718F8-BFB7-4B4B-A663-DC934D31AC05 9/3/2020 9/3/2020 9/3/2020 9/4/2020 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 have ADDITIONAL INSURED provisions or 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/6/2020 License # 100290819 (800) 228-7548 (866) 229-3296 29459 Spay-Neuter Assistance Program of North Carolina P.O. Box 278 New Hill, NC 27562 30104 37478 A 2,000,000 X 83SBWAB8455 9/28/2019 9/28/2020 1,000,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000B 83UEGEB2122 9/28/2019 9/28/2020 C 02WBCZS3066 6/6/2020 6/6/2021 500,000 500,000 500,000 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. Orange County Risk Manager PO Box 8181 Hillsborough, NC 27278 SPAYASS-01 MHOLKAN Chicago, IL-Hub International Midwest West 55 East Jackson Boulevard, Floor 14A Chicago, IL 60604 Twin City Fire Insurance Company Hartford Underwriters Insurance Company Hartford Ins Co of the Midwest X X X X DocuSign Envelope ID: 636718F8-BFB7-4B4B-A663-DC934D31AC05