§ 14:112. Veterinary services.

(a)

The animal shelter, operated by the Companion Animal Alliance, shall have the authority to enter into a contract with a licensed veterinarian for professional veterinary services, consistent with its mission and scope of services as dictated by cooperative endeavor agreement or other contract with the city-parish. The veterinary services provided through the animal shelter and Companion Animal Alliance, at the animal shelter, shall be limited to animals which are impounded or seized under the legal authority of the city-parish, and shall not be performed on animals which have not been impounded or seized under the legal custody of the animal control and rescue center or animal shelter.

(b)

Insurance . The veterinarian shall maintain in force a policy of malpractice insurance suitable to the city-parish and shall provide the city-parish with a certificate of malpractice insurance evidencing coverage.

(c)

Indemnity.

(1)

To the fullest extent permitted by law, the veterinarian shall protect, defend, indemnify and save the city-parish, its agents, officials, employees, volunteers or any firm, company, organization, or individual, or their contractors, or subcontractors for whom the city-parish may be contracted to, harmless from and against any and all claims, demands, actions, and causes of action of every kind and character including but not limited to claims based on negligence, strict liability, and absolute liability which may arise in favor of any person or persons on account of illness, disease, loss of property, services, wages, death or personal injuries resulting from acts or omissions of the veterinarian, its agents, employees, assigns, or subcontractors, during the operations contemplated by the contract. The veterinarian shall also indemnify the city-parish for all reasonable expenses and attorneys' fees incurred by or imposed upon the city-parish in connection therewith for any such loss, damage, injury or other casualty. The veterinarian further agrees to pay all reasonable expenses and attorneys' fees incurred by the city-parish in establishing the right to indemnity pursuant to the provisions of this part.

(2)

This indemnity does not extend to the sole negligence of the city-parish and the veterinarian shall not be liable to the city-parish for its lost profits or revenue or consequential damages except claims advanced in tort and/or claims advanced in contract due to the bad faith of the veterinarian. Bad faith shall mean a breach of some motive or interest of ill will on the part of the veterinarian.

(3)

The veterinarian shall indemnify and hold the city-parish harmless from any and all federal and/or state income tax liability, including taxes, interest and penalties, resulting from the city-parish's treatment of the veterinarian as an independent contractor. The veterinarian further agrees to reimburse the city-parish for any and all costs it incurs, including, but not limited to, accounting fees and legal fees, in defending itself against any such liability.

(Ord. No. 11920, § 1, 12-13-00; Ord. No. 15237, § 1, 1-11-12)