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Home My WebLink AboutC02-275 David GuinneeC Ut,-;!, 7s--3z- CONTRACT AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND David Guinnee, DVM This Agreement made this 041- day of Qacr_ — , 2002 by and between David Guinnee, DVM_ and the County of Eagle, State of Colorado (the "County") WHEREAS, the County desires to contract with David Guinnee, DVM_ for the performance of the hereinafter described Veterinary Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, _David Guinnee, DVM is agreeable to rendering such Veterinary Animal Services on the terms and conditions hereinafter set forth; and NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: WITNESSETH: 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 Control and are housed within the shelter or are in transport by the members of the staff of the Eagle County Animal Control Department.. SECTION 2. SCOPE OF SERVICE A. The Contractor agrees to provide general medical practice in regard to the health of all pet animals as required by the Director of Animal Control or his/her designate on a timely basis. This practice may include, but not be limited to, the administration of various vaccinations, testing for disease, spay/neuter, 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. C. The Contractor agrees to set aside up to two (2) hours, one day, 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. Overage shall be averaged monthly from month to month and the overage shall be billed at $_50.00 per hour. 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 Control safety procedures when dealing with wild or aggressive animals. SECTION 3. COMPENSATION A. Eagle County agrees to pay the Contractor, the sum of $ _200.00_ per visit. B. Eagle 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. Eagle 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 of.......: (Not to exceed 3% of bid) Neutered Dogs: $ 45.00 Spayed Dogs: $_60.00 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. Likewise, the Contractor or the assistant shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Contractor, his/her respective agents, officers, servants and 2. `■� 1" J employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Contractor agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Contractor's intentional or negligent acts, errors or omissions or that of its agents officers, servants and employees, whether contractual or otherwise. 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. Further, the County and the Contractor, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. SECTION 5. TERM AND TERMINATION This Agreement is effective January ,2003 and shall end on _December 31 , 2003. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty days' prior written notice of termination. Upon termination, the Contractor shall be entitled to compensation for services 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 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 850 Eagle, CO 81631 Contractor: _David Guinnee, DVM _P.O. Box 241 New Castle, CO 81647 3. F \Rft� �%� 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. 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. C. 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 the party to be charged therewith. D. 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. E. 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. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. G. 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. H. Notwithstanding anything to the contrary contained in this contract, the County shall have no obligations under this agreement, nor shall any payment to the Contractor in respect of any period after any December 31 of each calendar year during the term of this agreement, without any 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. 29-1-101 et seq.) And the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 4. ,.O IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its 04 jlo"=%o BOARD OF COUNTY COMMISSIONERS ®2 c0(ORP00 By: Mike Gallagher , Chairman Contractor 5. `%.W DISTRIBUTION Originals to: 1. Coftract B k�� 3. i1o� Copies to: 1. Accounting 2. 4. _ t