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HomeMy WebLinkAboutC04-412 Suzanne Barnes AGREEMENT FOR VETERINARY SERVICES BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND SUZANNE BARNES, DVM This Agreement made this f'~~K. day of~eG,~y~,t~j~il~ , 200~by and between the County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter "County") and Suzanne Barnes, DVM (hereinafter "Contractor"). WHEREAS, the County desires to contract with Suzanne Barnes, DVM for the performance of the hereinafter described Veterinary Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, Contractor has submitted to County a Proposal for performing the services and represented that it has the expertise and personnel necessary to properly and timely perform the services. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree as follows: AGREEMENT SECTION 1. ANIMALS COVERED The animals covered by this Agreement shall be all of the pet animals that fall under the care, custody or control of the Eagle County Department of Animal Services housed within the shelter or in transport by the members of the staff of the Eagle County Animal Services Department. SECTION 2. SCOPE OF SERVICES A The Contractor agrees to provide general medical practice in regards to the health of all pet animals as required by the Director of Animal Services or his/her designate on a timely basis. This practice may include, but not be limited to, certified health exams, the administration of various vaccinations, testing for disease, spaylneuter, diagnosis of sickness, basic surgery and euthanasia. B. The Contractor agrees to provide consultation to the Director or his/her staff as needed and to make him/herself available for emergencies involving the spread of disease within the shelter. Consultations conducted during the allotted weekly visit time are considered part of the weekly visit. Fees for consultations outside of the weekly visit are based on an hourly rate of $125.00 per hour. C. The Contractor agrees to set aside up to _8_ hours, _l day(s), each week, with a minimum of 48 visits annually, upon appointment, for routine medical treatment of pet animals contained within the Eagle County Animal Shelter. At the Veterinarian and Dirctor's discretion, one visit for fee purposes maybe divided into more than one actual trip. Also at the Director and Veterinarians discretion, an animal or animals may be transported to Eagle Valley Pet Hospital for diagnostics, or treatment. At the Directors discretion, a situation may qualify for a weekly visit although the majority of the patient work was conducted at Eagle Valley Pet Hospital. Cases seen and treated, and services provided outside the weekly visit parameter are considered additional cases and fees will be billed by the Veterinarian to Eagle County Animal Services as per normal Eagle Valley Pet Hospital fee schedules. Eagle County Animal Services agrees to give the Veterinarian priority in treatment of additional cases of shelter animals. Consultations or cases seen outside of regular business hours will be considered emergencies, and usual and customary emergency hour fees will be charged for these cases, including an emergency call fee. D. The Contractor agrees to provide any technician needed, all medicine(s) and all medical instruments used by him/herself. While in the Eagle County Animal Shelter the County will provide the work area and at least one staff person to assist the Veterinarian. E. The Contractor and any assistant shall agree to follow all Eagle County Department of Animal Services policies and safety procedures when dealing with wild or aggressive animals. SECTION 3. COMPENSATION A. County agrees to pay the Contractor, the sum of $ _200.00_ per visit. B. County agrees to pay the Contractor, monthly, for vaccines, wormers, medications and disposable items that are designed for single use at contractor cost to be supplied at billing or by a schedule of costs at the beginning of the term of the contract. C. County agrees to pay the Contractor, monthly, for spay/neutering of dogs and cats (not to preclude "clinics" sponsored by the County) at the average rates Neutered Dogs: $ 45.00_ Spayed Dogs: $ 65.00_ Neutered Cats: $ 25.00 Spayed Cats: $_45.00_ SECTION 4. LIABILITY AND INSURANCE A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Contractor or assistant. B. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless, the County, its Board of County Commissioners and the individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants, and its successors (collectively, the "County Representatives") from any and all fines, demands, losses, liabilities, claims, damages and judgments, including reasonable attorney's fees, together with all costs and expenses arising out of and resulting from performance of the work thereto which may accrue against, be charged to, or be recoverable from the County, its Board of County Commissioners, and its individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants and its successors, as a result of the willful or negligent acts, errors or omissions of Contractor, its employees or agents, whether contractual or otherwise, in connection with Contractor's work, except to the extent such injury or damage results from the willful acts of the County or any of the County Representatives. The parties agree that this clause shall not waive the benefits or provisions of C.R.S. 24-10-114 or any similar provision of law. C. The County and Contractor shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. Contractor shall name County as an additional insured under Contractor's insurance to the extent of any potential liability arising under this Agreement, and upon reasonable written request, shall furnish evidence of the same to the County. Such coverage shall not be canceled until at least thirty (30) days' prior written notice has been given the County. SECTION 5. TERM AND TERMINATION This Agreement is effective January 1, 2005 and shall end on December 31, 2005. Either party shall have the right to terminate this Agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Upon termination, the Contractor shall be entitled to compensation for services satisfactorily performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. SECTION 6. GENERAL PROVISIONS A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Contractor, under this Agreement, shall be in writing and shall be deemed to have been given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: County of Eagle: Eagle County Attorney P.O. BOX 8S0 Eagle, CO 81631 Contractor: _Suzanne Barnes, DVM_ _Eagle Valley Pet Hospital _PO Box 990 _Eagle, CO 81631 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this Paragraph A. B. Independent Contractor. It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Contractor shall be, and shall perform as, an Independent Contractor. No agent, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, servants and subcontractors during the performance of this Agreement. C. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County of Eagle or the Contractor because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. D. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by both parties hereto. E. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Contractor other than those contained herein. F. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. G. All agreements and covenants herein are severable, and in the event that any of them shall beheld invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. H. The Contractor has represented to the County and, likewise, the County has represented to the Contractor, that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such Court determination. I. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5th Judicial District for the State of Colorado. 3. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this Agreement, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget law (C.R.S. ยง29-1-101 et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: By: Teak Simonton, Clerk to the Board of Cou ty Comm sinners r _~_`1 ~ J~~ ~~a Tom C. Stone, Chai an $~,~~ ~ ~J ~ - 7 STATE OF COLORADO ) ss County of ) T foregoing was,a^cknowledged before me this ~ day of ~' ~-~ ~_, 2004 by r' ~ " ~ ~ T~-~1`~~as 1~~ ~ ~' ~A~~-~ of -- ~,r~ WITNESS my hand and official seal. My commission expires f n Y ~ - ~' ~ti~ ti Notary Pub is COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ~ BOARD OF COUNTY COMMISSIONERS