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HomeMy WebLinkAbout2018-215-E Animal Svc - Claudia Sheppard spay neuter servicesDocuSign Envelope ID: C89BE9BD- 9748- 4B15- A23D- 930AC24637A8 TITLE Claudia Sheppard, Principal DVM FY 2018 -19 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 1 Rev. 6118 DocuSign Envelope ID: C89BE9BD- 9748- 4B15- A23D- 930AC24637A8 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. 2 Rev. 6118 DocuSign Envelope ID: C89BE9BD- 9748- 4B15- A23D- 930AC24637A8 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 S. 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; I. Payment. Orange County shall reimburse the Veterinarian for an amount not to exceed Thirty -Seven Thousand Six Hundred Fifty Dollars ($37,650) for services rendered from July 1, 2018, to June 30, 2019, and as provided herein. C. The Parties Agree to: 1. Term. The term of this Agreement shall be from July 1, 2018, through June 30, 2019, 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 3 Rev. 6118 DocuSign Envelope ID: C89BE9BD- 9748- 4B15- A23D- 930AC24637A8 b. Upon submission of an invoice, the County shall reimburse the Veterinarian in an amount up to One Thousand and Two Hundred Dollars ($1,200) 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. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Veterinarian with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any other required compliance with this Agreement. 6. Suspension. County may suspend the services to be rendered under this Agreement and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Veterinarian. Upon any suspension by County, Veterinarian will discontinue work on the services and shall not resume the services until notified to proceed by County. 7. 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 Attention: Robert A. Marotto 1601 Eubanks Road Chapel Hill, NC 27516 Provider's Name & Address Claudia Sheppard, DVM 101 Autumn Lane Chapel Hill, NC 27516 8. OSHA Compliance. Orange County controls the facilities where the Veterinarian works. It is agreed Orange County is primarily responsible for compliance with 4 Rev. 6118 DocuSign Envelope ID: C89BE9BD- 9748- 4B15- A23D- 930AC24637A8 the Occupational Safety and Health Act (OSHA) and comparable state laws and regulations to the extent those laws apply to the Veterinarian. 9. Workers Compensation. Veterinarian is responsible for her own workers' compensation. 10. 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. 11. Limitation and Assignment. The County and Veterinarian each bind themselves, their successors, assigns, and legal representatives to the terms of this Agreement. Neither the County nor the Veterinarian shall assign or transfer its interest in this Agreement without the written consent of the other. 12. 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. 13. 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. 14. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. 15. Ownership of Work Product. Should Veterinarian's performance of this Agreement generate documents, items or things that are specific to the services rendered to the County such documents, items, or things shall become property of the County and may be used on any other project without additional compensation to the Veterinarian. The use of the documents, items, or things by the County or by any person or entity for any purpose other than the services rendered to the County as set forth in this Agreement shall be at the full risk of the County. Rev. 6118 DocuSign Envelope ID: C89BE9BD- 9748- 4B15- A23D- 930AC24637A8 16. 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 identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G. S. 147 - 86.81. 17. Non - Discrimination. 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 non - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at bttp: / /www.orangecountync, gov /departments/ purchasing _division /contracts.php). Any violation of the Orange County Non - Discrimination Policy 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. 18. 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. 19. 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 11 A 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] Cl Rev. 6118 DocuSign Envelope ID: C89BE9BD- 9748- 4B15- A23D- 930AC24637A8 FOR CLAUDIA H. SHEPPARD, DVM, MS vauDuoocaauSau ig naed i by: ECA09COEOB3S -AUDI& C6 fp ad F 4Ev- vNNuu ' DVM ' MS FOR AND ON BEHALF OF ORANGE COUNTY �6'Q cuSigned by: 37 9946755E477.. t50=c nar=crsicy, orange County Manager 7 Rev. 6118 7/8/2018 Date 7/9/2018 Date DocuSign Envelope ID: C89BE9BD- 9748- 4B15- A23D- 930AC24637A8 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. ITEM 1; Insured by the stock company below and hereinafter called the Company Zurich American Insurance Company ITEM 2: Named Certificate Holder, member number, species, and address Master Policy Number: I;OL 5241302 -13 Claudia H. Sheppard, DVM 101 Autumn Lane Chapel Hill, NC 27516 -1101 Member Name Member No. Claudia Sheppard 120285 ITEM 5: Premium and coverage summary Primary Professional Liability Veterinary License Defense TOTAL DUE: ZURICH U- VPL- 103 -A -CW (07104) Certificate Number: VETPR0008742 FOR INFORMATION OR TO FILE A CLAIM PLEASE CALL (800) 228 -7548 ITEM 3: Policy Period From: 01/01/2018 To: 01/01/2019 12:01 am Standard time at the address of the Named Certificate Holder as stated herein ITEM 4: Limits of Liability Species Type Each claim $ 1,000,000 [IV] Small Animal Exclusive Aggregate $ 3,000,000 ITEM 6: Forms Attached at Issuance: $238.00 U -VPL -100 -A CW (07/04); U- VPL -103 -A CW (07/04); GU- 1191 -A -CW (3115); U- $85.00 VPL -128 -A NC (10104); U -VPL, -155 -A NC (10/04); U- VPL -102 -B CW (06/11); U- GU -319 -F (01/09); U -GU -i 194-A CW (08/15) $323.00 ITEM 7: Schedule of Plan Numbers and location(s) for Professional Extension 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 of its representatives relating to this insurance. Notice to the Company: Zurich American Insurance Company P.O. Box 968041 Neil R. Hughes, President Schaumburg, IL 60196-8041 HUB International Midwest Limited