HomeMy WebLinkAbout2010-127 Animal Svc - Claudia H Sheppard, DVM, MS, for veterinary and spay/neuter services AN AGREEMENT FOR THE PROVISION OF CONSULTING VETERINARY
SERVICES AND THE PERFORMANCE OF SPAY/NEUTER SERVICES
This Agreement is between the County of Orange ("County") through the Animal Services
Department ("Department") and Claudia H. Sheppard, DVM, MS, ("Veterinarian") whose
address is 101 Autumn Lane, Chapel Hill, NC 27516, for the provision of consulting veterinary
services and the performance of spay/neuter surgery service
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 in-house spay/neuter
surgery services for animals adopted from or available to be adopted from the Department; and
WHEREAS, Claudia H. Sheppard, DVM, MS, 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 Claudia H. Sheppard agree to the following terms and conditions:
A. The Veterinarian agrees to the following:
1. Provide up to 8.5 hours per week of services including, but not limited to,
procedures for sterilization, examination and treatment in accordance with the
Department's standard operating guidelines; and
a. Surgical services shall be provided up to 8.5 hours per week, unless the
veterinarian is providing back up coverage in absence of the other
contracted veterinarian or otherwise approved by the Animal Shelter
Manager (up to an additional 8.5 hours per week). The surgical services
shall be scheduled during the time period Monday through Friday, 8:00
am to 3:00 pm (unless otherwise approved by the Animal Shelter
Manager); and
b. Perform sterilization surgery services on select animals by performing a
complete ovariohysterectomy for female animals and castration for male
animals; and
C. Conduct a pre-surgical physical examination of the animal to determine
the animal's suitability for surgery. Any medical and physical
abnormalities that present upon examination will be documented in the
animal's medical record and communicated to the Animal Shelter
Manager or designee. The Veterinarian shall consult with the Animal
Shelter Manager or appropriate designee prior to and concerning decisions
to disqualify an animal for surgery; and
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d. Document the physical examination, any abnormalities, treatments and/or
surgical procedures performed for each animal in the animal's medical
record; and
2. 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; and
3. 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
4. Provide up to 10 hours per/week of consultation services to the Department at a
level scheduled by the Shelter Manager, including telephone consultation and on-
site veterinary services; consultation services to occur Monday through Sunday;
and
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 Provider, 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 Provider 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
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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.
B. The County agrees to:
1. Payment. Orange County shall reimburse the Veterinarian up to $31,000 for
services rendered from July 1, 2010, to June 30, 2011, and as provided herein within
30 days of receipt of an invoice for services rendered by the Veterinarian.
C. The Parties Agree to:
1. Term. The term of this Agreement shall be from July 1, 2010, through June 30,
2011, unless terminated sooner as provided herein.
2. Terms of Payment.
a. The County shall pay the Veterinarian for consultation and surgical
services at a rate of$40 per hour up to, but to not exceed, $31,000; and
b. Upon submission of an invoice, the County shall reimburse the
Veterinarian up to $500 for any expenses related to performance of this
Agreement,
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 anytime without penalty by
either party, with or without cause, upon delivery of written notice of termination
furnished to the other party at least thirty days prior to termination of the
Agreement. In the event of such termination, any payment due shall be prorated
to the date of termination.
5. 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
b. For Claudia H. Sheppard: Claudia H. Sheppard, DVM, MS,
("Veterinarian") Claudia H. Sheppard, DVM, MS., 01 Autumn Lane,
Chapel Hill,NC 27516
6. OSHA Compliance. Orange County controls the facilities where the Veterinarian
works. It is agreed Orange County is primarily responsible for compliance with
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the Occupational Safety and Health Act (OSHA) and comparable state laws and
regulations to the extent those laws apply to the Veterinarian.
7. Workers Compensation. Claudia H. Sheppard is responsible for her own
workers' compensation.
8. Independent Contractor. The services which Claudia H. Sheppard 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
Claudia H. Sheppard and Orange County.
9. 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.
10. 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.
11. The laws of the State of North Carolina shall govern the validity and
interpretation of the provisions,terms, and conditions of this Agreement.
IN WITNESS WHEREOF, the parties have hereunto signed this Agreement on the day and
year listed below.
[SIGNATURE PAGE TO FOLLOW]
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FO LAUDIA H. SHEPPARD, DVM,MS
Claudia H. Sheppard, DVM, MS Date
FOR AND ON BEHALF OF ORANGE COUNTY
BOARD OF COMM IONERS
?�j rujv) —71 -7 //0
Frank W. ifton, Co Manager Dat
Approved as to technical content:
Robert MAr6ette mal Services Director
Approved as to form and legal sufficiency:
Moore, Staff Attorney
"This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act."
YA4u. P All, 24 to
Clarence Grier, Director Date
Orange County Financial Services
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