HomeMy WebLinkAbout2015-342-E Animal Services - Claudia H. Sheppard, DVM, MS for veterinary services $27,500 DocuSign Envelope ID:945A770B-410E-432F-13277-2CW18086138
TITLE Claudia H. Sheppard, DMV
FY 2015-16
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 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 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
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
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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. 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;
training and supervision of any staff implementing electronic identification
devises ("microchips") into animals within the care of the Animal Services
Department 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
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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
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 for an amount not to
exceed Twenty-Seven Thousand Five Hundred Dollars ($27,500) for services
rendered from July 1, 2015, to June 30, 2016, and as provided herein.
C. The Parties Agree to:
1. Term. The term of this Agreement shall be from July 1, 2015, through June 30,
2016, 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, he 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.
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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
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 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. 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
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DocuSign Envelope ID:945A770B-410E-432F-13277-2CW18086138
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 Q_�AUPIA H. SHEPPARD, DVM, MS
.6-k PrIk-
Claudia H. Sheppard, DVM, MS Date
FOR AND ON BEHALF OF 7Xf JKYCOUNTY
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Bonnie Hammersley, Orange County Manager Date
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DocuSign Envelope ID:945A770B-410E-432F-13277-2CW18086138
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").
L 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.
II. 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.
III. 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
I. Handling Cats
2. Handling Dogs
3. Appropriately uses syringes and needles while drawing up vaccine
4. Safely uses and disposes of 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
DocuSign Envelope ID:945A770B-410E-432F-13277-2CW18086138
B. Discuss any concerns regarding CRV trainee with the NC Public Health Veterinarian and/or
Animal Services 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.
DocuSign Envelope ID:945A770B-410E-432F-13277-2CW18086138
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, 2015 to June 30, 2016. 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]
DocuSign Envelope ID:945A770B-410E-432F-13277-2CW18086138
[SIGNATURE PAGE]
uC,LAJIDIA H. SHEPPARD, MS, DVM
18F800E30EF34C3...
Claudia H. Sheppard, MS, DVM Date
FOR AND ON BEHALF OF III 6Lj�E1& B4112...
Robert A. Marotto, PhD, Orange County Animal Services Director Date
DocuSigned by:
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C9ED9DOFC6B545E...
Colleen Bridger, MPH, PhD, Orange County Health Director Date
DocuSigned by:
IfCgB581159=482?6b AI.A,V' N
A pproved as to technical content: _.
Robert A. Marotto, Animal Services Director
DocuSigned by:
Approved as to form and legal sufficiency: , '�
Annette M. Moore, Staff Attorney
"This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act." DocuSigned by:
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Bi<FE2C-FR-84�-B.
Paul Laughton, CFO Date
Financial and Administrative Services