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HomeMy WebLinkAbout2014-389 Animal Services - Nicole Kushner, DVM (Veterinarian) to perform in house spay/neuter surgeries $17,000.00 ($40/hr) and up to $800 for expenses z14- 3?9 #r I ►���; TITLE Nicole Kushner, DVM FY 2014-16 NORTH CAROLINA ORANGE COUNTY 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 Nicole Kushner, DVM, ("Veterinarian") whose address is 120 Sierra Drive, Chapel Hill,NC 27514, for the provision of spay/neuter surgery services and back up consulting veterinary services 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, Nicole Kushner, DVM, 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 Nicole Kushner 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 provide for 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 (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 Veterinary Health Care 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 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 d. Document the physical examination, any abnormalities, treatments and/or surgical procedures performed for each animal in the animal's medical record; and 2. When needed as back up, provide consultation services to the Department, including telephone consultation and on-site veterinary services in absence of the other contracted veterinarian or as otherwise approved by the Veterinary Health Care Manager. Consultation services to occur Monday through Sunday, and to be available as needed to provide additional back-up coverage during a given week; Veterinary services include, but are not limited to, animal health and husbandry; disease outbreak and managing the care of individual animals with infirmities; supervision of any staff implementing electronic identification devises ("microchips") into animals within the care of the Animal Services Department; and 3.. 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 4. 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 5. Be a member in good standing of the American Veterinary Medical Association; and 6. 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 7. Comply with all applicable federal, State, and local laws, including non- discrimination laws as may be applicable in fulfilling this agreement; and 8. The Veterinarian shall submit a bill for services rendered to the Department monthly. B. The County agrees to: 1. Payment. Orange County shall reimburse the Veterinarian for an amount not to exceed Seventeen ThousandDollars ($17,000) for services rendered from July 1, 2014 to June 30, 2015, and as provided herein. C. The Parties Agree to: 1. Term. The term of this Agreement shall be from July 1, 2014 through June 30, 2015, unless terminated sooner. 2. Terms of Payment. a. The County shall pay the Veterinarian for consultation and surgical services at a rate of Forty-Two Dollars ($42.00)per hour; and b. Upon submission of an invoice, the County shall reimburse the Veterinarian in an amount up to Eight Hundred Dollars ($800) 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 or any amendments to the Agreements between the County and Veterinarian. 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. 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 Nicole Kushner: Nicole Kushner, DVM, whose address is 120 Sierra Drive, Chapel Hill,NC 27514. 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. Non-Appropriation. 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. Entire Agreement. 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. Governing Law. The laws of the State of North Carolina shall govern the validity and interpretation of the provisions,terms, and conditions of this Agreement. 12. Compliance with Laws. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 13. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement on the day and year listed below. FOR NICOLE KUSHNER,DVM Nicole Kushner, DVM Date FOR AND N BEHALF OF ORANG COUNTY oo Bonnie Hammersley, Orange Count anager Dat Appr ed as to technical content: Robert A. Marotto, Animal Services Director "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." Uaa$_� J �J� Clarence G. Grier, Assistant County Manager/CFO Appr v d as Vore, d legal sufficiency: Anne e M. M Attorney AVMA PLIT 7/30/14,4:35 PM A:.V-xLLMxYA Serving Veterinarians Since 1962 irl///l r'ofil.r+iel;l/l/-ir/bit'!ll' re r n, .: , , ,,.., .-1�I.11 i-.:rin-:ney: r ..,r n.1'Cln d.-, :lei i.. r .,.a.,•_u. 7� YY w all , Member Howe i rdlt Profile For your business Insurance needs please call 800.228-7548. i Review/Change Coverage � M Pay Pre.r�or r, lela���a•ie, N���" e k Kushner her I Payment 1-I1story be iE;il: Safety&TraGNng Resources Name Nicole A.Kushner (257742) Ask an Expert --- Newsletters and Publicaiious Clinic Name Client conuouniration; Applicant 1"ypa Employee Repori a Professlonal Liability _m_,.:----- �_._..._��.,�.r.�.-._.....,�._.....�.�.__.._._�__.....s....._:.�_.� Claim Certificate Number VEfPRO032732 Mailing Address 120 Sierra Drive aho,a Ii❑-•t t.rr City Chapel HIII i;r:•,nun;c State NC 7_ip 27514 Loss r�rnli,+,l:.rlicl;,4ti:rir.,+lernc:nt ;:,i,,,niiiii,:,t!,,c;rr+v;:r•rri:l ,n.: rinail niknevandklds®yahoo.com t;nufer.!Uc. Phone 9199427387 Alternate Phone 9199299432 Fax $0 Oalkince Note:Please allow one business day for recent payments to be reflected in the balance due. I Edlt Pro-file I Coverage Information i https://avmaplit.com/Member/MemberHome.aspx Page 1 of 2 AVMA PLIT 7130114,4:35 PM 'JUrrul-tl.(I:Iii�raiy+;U1/0's i"i01r1.UI/i 111 OIG) Edit Policy l alVEad[I�.•. 1-hllih 1,Ielliml"1t Primary Professional Liability S1,000,000/53,000,oun 5222,00 Excess Professional Liability None ,s 0.00 Professional Extension Coverage(rill lorations) S0.00 Veterinary l_Icense Defense None S0.0n Total Premium ;,222.00 `This Premium includes any applicable faxes Payinnent History i < < hilt.U( I1uhlL IHI afros U i � II lli ��"ICI u- 1 w;:fi Fl fl.iY�Un, .. n �rv� O:, � InVH ( i..r � y I` VI_fPR0032732 12/17/2013 I Payment:Credit Card (5222.00) 17117/2013 20335 16071766133 . 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