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HomeMy WebLinkAbout2013-198 AS - Claudia Sheppard, Veterinarian for in house spay/neuter surgeries and consulting $A26,500 4) 0 ezl �410 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: I 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 Veterinary Health Care Manager(or designee) (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 f6f surgery. Any medical and physical abnormalities that present upon examination will be documented in the animal's medical record and communicated to the Veterinary Health Care Manager (or designee) . The Veterinarian shall consult with the Veterinary Health Care Manager or appropriate designee prior to and concerning decisions to disqualify an animal for surgery; and Page 1 of 5 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; training for department staff to become Certified Rabies Vaccinators in accordance with guidelines set forth by the North Carolina Department of Health and Human Services Division of Public Health and as provided in the"Memorandum of Understanding between Orange County Animal Services, Orange County Health Director and Claudia H. Sheppard, MS, DVM" which is attached as Exhibit A and hereby incorporated herein by reference; and other training as deemed appropriate by the Veterinary Health Care Manager and Animal Services Director. 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 Veterinary Health Care Manager, including telephone consultation and on-site veterinary services; consultation services to occur Monday through Sunday; and after hour critical care for injured or ill animals on the basis of a mutually agreed upon schedule. 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 Page 2 of 5 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 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: I Payment. Orange County shall reimburse the Veterinarian for an amount not to exceed Twenty-Six Thousand Five Hundred Dollars ($26,500) for services rendered from July 1, 2013,to June 30,2014, and as provided herein. C. The Parties Agree to: 1. Term. The term of this Agreement shall be from July 1, 2013, through June 30, 2014, unless terminated sooner as provided herein. 2. Terms of Payment. a. The County shall pay the Veterinarian for consultation and surgical services at an hourly rate of Forty Two Dollars ($42.00)per hour; and b. Upon submission of an invoice for surgical services, the County shall reimburse the Veterinarian in an amount up to Eight Hundred Dollars ($800) for any expenses related to performance of this Agreement, except those performed in Section A.2. C. Upon a submission of an invoice for Certified Rabies Vaccinator Training or any other training as provided in Section A.2., the veterinarian shall submit a log of their time for payment to the Department no later than thirty(30) days from the first day of logged time. d. The Department shall pay the Veterinarian for services rendered within thirty(30) days of an invoice properly submitted. 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 Page 3 of 5 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 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. Veterinarian is responsible for her own workers' compensation. 8. Independent Contractor. The services which 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 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. Page 4 of 5 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. FOR CLAUDIA H. SHEPPARD,DVM,MS Claudia H. Sheppard,5V—M, MS Date FOR AND ON BEHALF OF ORANGE COUNTY BOARD OF COMMISSIONERS Frank W. Clifton, County M 3,er Date Approved as to technical content: 4,4a x /" - Robert A. Marotto, Animal Services Director Ap o ed to form U!7 and legal sufficiency: Anfiette q. Moore, Slaff Attorney "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." Clarence G. Grier Date Assistant County Manager/CFO Page 5 of 5 Attachment A MEMORANDUM OF UNDERSTANDING Between Orange County Animal Services Orange County Health Director and Claudia H. Sheppard,MS,DVM This is an agreement between Orange County on behalf of Orange County Animal Services Department, ("the Department"), Colleen M. Bridger, MPH,PhD, Orange County Health Director, ("Health Director) and Claudia Sheppard,MS,DVM, ("Veterinarian"). I. PURPOSE & SCOPE. The purpose of this MOU is to clearly identify the roles and responsibilities of each party as they relate to Certified Rabies Vaccinator (CRV) training. In particular, this MOU is intended to: A. Ensure compliance with state public health CRV training requirements; B. Enhance CRV's basic animal handling, vaccine handling and vaccine administration skills through direct animal training experience under the guidance of a local veterinarian. 11. DEPARTMENT'S RESPONSIBILITIES UNDER THIS MOU. The Department shall undertake the following activities: A. Identify Department staff needing training and notify CRV trainees of class expectations, training locations and time; B. Reserve training classroom facilities; C. Maintain any required documentation and correspondence with the NC Public Health Veterinarian for CRV training including assuring forms are complete with required signatures.; and; D. Annually review MOU, update as needed and route for appropriate signatures. 111. VETERINARIAN'S RESPONSIBILITIES UNDER THIS MOU. Veterinarian shall undertake the following activities: A. Training and documentation of proficiency and understanding of appropriate technique for the 1. Handling Cats 2. Handling Dogs 3. Appropriately uses syringes and needles while drawing up vaccine 4. Safely uses and disposes syringes and needles in sharps container 5. Subcutaneous Administration of vaccine to Cats 6. Subcutaneous Administration of vaccine to Dogs 7. Storage and handling of vaccine 8. Identifies manufacturer, serial number and expiration date of vaccine 9. Accurately filled out rabies certificates B. Discuss any concerns regarding CRV trainee with the NC Public Health Veterinarian and/or AS&C Director as appropriate and develop additional training recommendations as needed. C. 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. D. 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. E. 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 Veterinarian, 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; and F. Comply with all applicable federal, State, and local laws, including non-discrimination laws as may be applicable in fulfilling this agreement; and G. The Veterinarian shall submit an invoice for CRV training services rendered to the Department as provided in the current executed "An Agreement for the Provision of Consulting Veterinary Services and the Performance of Spay/Neuter Services" Agreement which this MOU shall be attached to and incorporated into by reference. IV. HEALTH DIRECTOR RESPONSIBILITIES UNDER THIS MOU. Following training and signature by the Veterinarian, review individual CRV trainee training forms and sign and date as appropriate. V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: A. Amendments- This agreement may be amended by written consent of all parties and all amendments shall be attached to this agreement. B. Termination- This agreement may be terminated by either party on thirty (30) day written notice, except that the Department may choose to immediately terminate the agreement without notice for following: 1. Failure of the Veterinarian to follow procedure, regulation or guidelines by the NC Public Health Veterinary Division, Orange County or veterinary professional policies, rules or regulations. 2. Loss of Veterinary license. Veterinarian must immediately inform the Department if veterinary license is suspended/revoked or if it becomes invalid. C. Workers Compensation. The Veterinarian is responsible for her own workers' compensation. D. Independent Contractor. The services which the 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 the Veterinarian and Orange County. E. Non-Appropriation. No provision of this MOU 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 MOU 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 MOU 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 MOU 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 MOU. F. Entire Understanding. This MOU 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. G. Governing Law. The laws of the State of North Carolina shall govern the validity and interpretation of the provisions, terms, and conditions of this MOU. VI. PAYMENT. A. The Veterinarian shall be paid as provided in Section C.2. Terms of Payment of"An Agreement for the Provision of Consulting Veterinary Services and the Performance of Spay/Neuter Services" Agreement. VII. EFFECTIVE DATE AND SIGNATURE This MOU shall be effective upon the signature of the Department Director, the Health Director and Veterinarian. It shall be in force from July 1, 2013 to June 30, 2014. The Department Director, the Health Director and Veterinarian indicate agreement with this MOU by their signatures. IN WITNESS WHEREOF,the parties have hereunto signed this MOU on the day and year listed below. [SIGNATURE PAGE TO FOLLOW] [SIGNATURE PAGE] 7F R CLAUDIA H. SHEPPARD,MS,DVM i_ 1 6 ( ` Claudia H. Sheppard,MS,D M Date FOR DON BEHALF OF ORANGE COUNTY V ,.�! . 6 $ Robert A. Marotto,PhD, Orange County Animal Services Director Date Colleen Bridger,MPH, PhD, Orange County Health Director Date Approv d as to technical content: Robert A. Marotto, Animal Services Director Appro e as t rm and legal sufficiency: Anne M. Mobre, Staft Attorney "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." UIC 7l -7/1 !-3 Clarence G. Grier Date Assistant County Manager/CFO