HomeMy WebLinkAbout2017-268-E AS - Claudia H. Sheppard, DVM, MS for veterinary services DocuSign Envelope ID:390B2169-33EB-4DAB-9E22-31B302CF919C
TITLE Claudia Sheppard, Principal DVM
FY 2017-18
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 principal consulting
veterinary services and oversight of medical and surgical cases, 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 oversight of contracted veterinary services; 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; training of incoming and other
veterinarians and veterinary healthcare staff as needed; any other training as
deemed appropriate by the Veterinary Health Care Manager and Animal Services
Director; and observation of other veterinarians and veterinary healthcare staff
performance as deemed appropriate by the Animal Services Director, Animal
Services Assistant Director, or Veterinary Health Care Manager.
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; medical and surgical practices; 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. Participate in the recruitment and selection of veterinary health care staff;
evaluate medical and surgical issues, and recommend protocols and corrective
action to the Veterinary Health Care Manager as needed.
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6. 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
7. 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
8. Be a member in good standing of the American Veterinary Medical Association;
and
9. 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
10. Comply with all applicable federal, State, and local laws, including non-
discrimination laws as may be applicable in fulfilling this agreement; and
11. 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 Thirty-Seven Thousand One Hundred Fifty Dollars ($37,150) for services
rendered from July 1, 2017, to June 30, 2018, and as provided herein.
C. + The Parties Agree to
1. Term. The term of this Agreement shall be from July 1, 2017, through June 30,
2018, 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-Five Dollars ($45.00)per hour; and
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b. Upon submission of an invoice, he County shall reimburse the
Veterinarian in an amount up to One Thousand Dollars ($1,000) 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
Agreement. In the event of such termination, any payment due shall be prorated
to the date of termination.
5. Notices. Any notice required by this Agreement shall be in writing and delivered
by certified or registered mail, return receipt requested to the following:
Orange County Provider's Name &Address
Attention: Robert A. Marotto Claudia Sheppard, DVM
1601 Eubanks Road 101 Autumn Lane
Chapel Hill,NC 27516 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.
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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. This Agreement and the duties, responsibilities, obligations, and
rights of respective parties hereunder shall be governed by the laws of the State of
North Carolina. By executing this Agreement Provider affirms that Provider and
any subcontractors of Provider are and shall remain in compliance with Article 2
of Chapter 64 of the North Carolina General Statutes. By executing this
Agreement Provider certifies that Provider has not been identified, and has not
utilized the services of any agent or subcontractor, on the list created by the State
Treasurer pursuant to G.S. 147-86.58.
12. Anti-Discrimination. Provider shall at all times remain in compliance with all
applicable local, state, and federal laws, rules, and regulations. 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 state and federal anti-
discrimination laws, policies, rules, and regulations and the Orange County Anti-
Discrimination Policy. Any violation of this requirement is a breach of this
Agreement and County may immediately terminate this Agreement without
further obligation on the part of the County. This paragraph is not intended to
limit and does not limit the definition of breach to discrimination.
13. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek
damages with respect to any provision of, or the performance or non-performance
of, this Agreement shall be brought in the General Court of Justice of North
Carolina sitting in Orange County,North Carolina. It is agreed by the parties that
no other court shall have jurisdiction or venue with respect to such suits or
actions. Binding arbitration may not be initiated by either Party, however, the
Parties may agree to nonbinding mediation of any dispute prior to the bringing of
such suit or action.
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14. 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.
[SIGNATURE PAGE TO FOLLOW]
FOR CLAUDIA H. SHEPPARD, DVM,MS
DADocuSigned by
AVI-A Stafrarbt 7/5/2017
RM? `F eppard, DVM, MS Date
FOR AND ON BEHALF OF ORANGE COUNTY
DocuSigned by
5.blAAA,it, lka.wovtt,V'Sl,t 7/6/2017
fiffInliffmersley, Orange County Manager Date
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AV M A I P L I T Veterinary Professional Liability
Protecting you through it all Insurance Policy
Certificate of Insurance
This policy provides occurrence coverage.Please review the policy carefully. ZURICH
ITEM 1:Insured by the stock company below and hereinafter called the Company
Zurich American Insurance Company U-VPL-103-A-CW(07/04)
ITEM 2:Named Certificate Holder,member number,IRC,and address Master Policy Number: Certificate Number:
EOL 5241302-12 VETPR0008742
Claudia H. Sheppard,DVM FOR INFORMATION OR TO FILE A CLAIM
101 Autumn Lane PLEASE CALL(800)228-7548
Chapel Hill,NC 27516-1101 ITEM 3:Policy Period
From: 01/01/2017
To: 01/01/2018
12:01 am Standard time at the address of the Named Certificate Holder
as stated herein
ITEM 4:Limits of Liability
Member Name Member No. IRC Class Each claim $ 1,000,000
Claudia Sheppard 120285 17 IV Aggregate $3,000,000
ITEM 5:Premium and coverage summary ITEM 6:Forms Attached at Issuance:
Primary Professional Liability $238.00 U-VPL-100-A CW(07/04);U-VPL-103-A CW(07/04);U-GU-1041-A(03/11);U-
Veterinary License Defense $85.00 VPL-128-A NC(10/04);U-VPL-155-A NC(10/04);U-VPL-102-B CW(06/11);U-
GU-319-F(01/09)
ITEM 7: Schedule of Plan Numbers and location(s)for Professional Extension
TOTAL DUE: $323.00 Endorsement(Animal Bailee)/Embryo and Semen Storage(if purchased):
For additional locations,please see the attached page
Location Number/Address Extension Plan Embryo Plan
ITEM 8:Veterinary Professional Liability Regulatory Action License Defense
Coverage endorsement(if purchased): This Certificate of Insurance is issued off the Master Policy held by the American
Veterinary Medical Association(AVMA)Professional Liability Insurance Trust.By
Limit: $25,000 acceptance of this policy the Named Certificate Holder agrees that the statements in
the certificate and the application and any attachments hereto are the Named
Authorized Signature Certificate Holder's agreements and representations and that this policy embodies all
agreements existing between the Named Certificate holder&the Company or any
l/s 42_ geitts.___ of its representatives relating to this insurance.
Notice to the Company: Zurich North American-Specialties Claims
Attn:Professional Liability Claim Department
Neil R.Hughes,President P.O.Box 307010,Jamaica,NY 11430-7010
HUB International Midwest Limited