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HomeMy WebLinkAbout2019-073-E Human Rights Relations - Carolina Veterinarian Behavior Clinic DocuSign Envelope ID:AFDEA346-5B2C-4141-8100-A2E551BE280D [Departmental Use Only] TITLE Veterinarian Services FY 2018-19 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 16 day of January, 2019, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Carolina Veterinarian Behavior Clinic (the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: "Knight" (A191775), is a black and white male Pitbull currently in the custody of Orange County Animal Services. Orange County Animal Services has provided a profile of the dog's behavior. Provide an evaluation of Knight and assess whether Knight could be kept by its owner in an apartment complex or other shared form of housing. Knight has been designated as an emotional assistance animal by his owner. If Knight's behavior is aggressive, evaluate whether or not Knight could be kept safely in an apartment complex with training and/or management techniques and identify the training and/or techniques you would recommend. Provide your findings in a report. The term of this agreement rendered shall be from January 16, 2019 to March 15,2019. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Six Hundred Ninety Dollars, ($690) (payable as follows: cost of appointment and follow up $475, document preparation $75 and if needed cost of blood work $ 70 - $140) . Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. The payments made to the Provider under this Agreement does not exceed the equivalent of the maximum daily rate paid to level IV of the Executive Schedule, as evidenced by current pay vouchers. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. Revised 12/18 1 DocuSign Envelope ID:AFDEA346-5B2C-4141-8100-A2E551BE280D 3. Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemni : The Provider agrees, without limitation, to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.oran e_ c�oggt)nc. og v/departments/purchasing division/contracts.php.). 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. 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. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or Revised 12/18 2 DocuSign Envelope ID:AFDEA346-5B2C-4141-8100-A2E551BE280D attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE QQdTb PROVIDER DocuSigned by: By. 4 — By. A0F4A1... Departme0nt 9 5irec of Title: 200 S. Cameron St. Jillian M. Orlando,DVM,DACB P.O. Box 8181 409 Vick Avenue Hillsborough,NC 27278 Raleigh,NC 27612 Revised 12/18 3 DocuSign Envelope ID:AFDEA346-5B2C-4141-81 00-A2E551 BE280D r H U Bu ACE Fire Underwriters Insurance Company Businessowners 436 Walnut Street, Philadelphia, PA 19106 Policy Declarations This Policy is issued by the stock insurance company listed above ("Insurer"). Policy Number: D94716913 Renewal of: New Named Insured & Principal Address: Policy Period: From 02-D4-2019 To 02-04-2020 CAROLINA VETERINARY BEHAVIOR CLINIC 12:01 AM' Standard Time at your mailing 409 Vick Ave address shown Raleigh, NC 27612-5025 ADVANCED PREMIUM: _ Admitted Status: Admitted Auditable Status: No Auditable Period: NIA IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE INSURANCE AS STATED IN THIS POLICY Business Description: Services Section 1.PROPERTY Coverage Limit of Insurance Deductible Revised Period of Premium Indemnity Business Income and Actual Loss Sustained 72 hours 12 Months Extra Expense Limit of Insurance Described Premises: 409 Vick Ave, Raleigh, NC 27612-5025 Prem. Coverage(s) Limit Of Deductible Valuation Premium No. Insurance Business $5,000 $1,000 Replacement Cost Personal Property Coverage Wind Deductible Wind Deductible Wind Excluded? Premium Percentage DollarAmount Wind N/A $1,000 No Included Optional Coverages Limit Of Insurance Premium Interruption of Computer Operations $10,000 Included Valuable Papers And Records' $10,000 Accounts Receivable' $10,000 BOP-43591b (01/17) 02015 Page 1 of 4 DocuSign Envelope ID:AFDEA346-562C-4141-8100-A2E551BE280D Business Personal Property $10,000 Included Temporarily In Portable Storage Units* Business Personal Property Limit— 33% Included Seasonal Increase* Total Terrorism (TRIA) Premium: Total Property Premium: Section 2.1LIABILITY Described Premises: 409 Vick Ave, Raleigh, NC 27612-5025 Prem. Classification Class Code Rating Basis Premium Basis Premium No. Prem/Ops PR1CO 1 Veterinarian 64181 Payroll LIMITS Other than Products/Completed Operations Aggregate $2,000,000 ProductslCompleted Operations Aggregate $2,000,000 Liability and Medical Expenses $1,000,000 Per Occurrence Damage to Premises Rented to You $100,000 Any One Premises Medical Expense $5,000 Per Person Combined Total Aggregate $2,000,000 All Locations Combined Item C. OPTIONAL COVERAGES ELECTRONIC DATA LIABILITY LIMITS Limited Form Limit $25,000 Total Electronic data Liability Premium:. VETERINARIANS PROFESSIONAL LIABILITY LIMITS General Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Total Veterinarians Professional Liability Premium= ANIMAL BAILEE COVERAGE Animal Bailee Coverage Limits Limit of Insurance Per Animal $2,500 Limit of Insurance Per Occurrence $25,000 Deductible $250 Total Animal Bailee Coverage Premium:- Total Terrorism (TRIA) Premium: Total General Liability Premium: BOP-43591b (01/17) 02015 Page 2 of 4 DocuSign Envelope ID:AFDEA346-5B2C-4141-81 00-A2E551 BE280D Total Policy Premium: Item E. COVERAGE FORMS Form Number Edition Title BOP43591 b 0117 BUSINESSOWNERS POLICY DECLARATIONS CC1K11H 0314 SIGNATURES BOP43603 0814 EXCLUSION-GENETICALLY MODIFIED ORGANISMS BOP43830 0614 LEAD EXCLUSION BP0003 0713 BUSINESSOWNERS COVERAGE FORM BP0501 0702 CALCULATION OF PREMIUM BP0515 0115 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT BP0517 0106 EXCLUSION -SILICA OR SILICA-RELATED DUST BP0595 0514 ELECTRONIC DATA LIABILITY-LIMITED COVERAGE BP0598 0713 AMENDMENT OF INSURED CONTRACT DEFINITION BP0805 0110 VETERINARIANS PROFESSIONAL LIABILITY BP1407 0110 BUSINESS INCOME AND EXTRA EXPENSE- REVISED PERIOD OF INDEMNITY BOP47736 0416 AMENDMENT OF BODILY INJURY DEFINITION - INCLUDING RESULTING MENTAL ANGUISH BOP47738 0416 EXCLUSION-HEALTHCARE INFORMATION TECHNOLOGY PRODUCTS AND SERVICES BP0523 0115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM BOP48932a 0618 ANIMAL BAILEE COVERAGE BOP47643 0316 EMPLOYMENT-RELATED PRACTICES EXCLUSION BOP48527 0117 ASBESTOS EXCLUSION ALL20887 1006 ACE PRODUCER COMPENSATION PRACTICES AND POLICIES ILP001 0104 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS ALL42490B 0716 U.S. FOREIGN ACCOUNT TAX COMPLIANCE ACT("FATCA") ALL21101 1106 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT BOP49269 0517 PERIOD OF RESTORATION DEFINITION—WAITING PERIOD AMENDED TRIA11c 0115 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT BPO116 0315 NORTH CAROLINA CHANGES Item F. Notice under this Policy shall be given to: Chubb North America Claims P.O. Box 5122 Scranton, PA 18505-0554 Toll Free: 844-539-3801 BOP-43591 b(01/17) ©2015 Page 3 of 4 DocuSign Envelope ID:AFDEA346-562C-4141-8100-A2E551BE280D ACECRS-CLAIMS@chubb.com Item G. Producer Name and Mailing Address NBS INSURANCE AGENCY INC 280 N. HIGH ST, STE 300 COLUMBUS, OH 43215-0000 Item H. Producer Code: 334159 IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President and Secretary, and countersigned by a duly authorized representative of the Insurer. DATE: 02-04-2019 Authorized Representative BOP-43591 b(01/17) ©2015 Page 4 of 4 DocuSign Envelope ID:AFDEA346-5B2C-4141-8100-A2E551BE280D SIGNATURES Named Insured Endorsement Number CAROLINA VETERINARY BEHAVIOR CLINIC CC K11 H0314 Policy Symbol Policy Number Policy Period Effective Date of Endorsement SER D94716913 02-04-2019 TO 02-04-2020 02-04-2019 Issued By(Name of Insurance Company) ACE FIRE UNDERWRITERS INSURANCE COMPANY Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you, we state that it is a valid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA (A stock company) BANKERS STANDARD FIRE AND MARINE COMPANY (A stock company) BANKERS STANDARD INSURANCE COMPANY (A stock company) ACE AMERICAN INSURANCE COMPANY (A stock company) ACE PROPERTY AND CASUALTY INSURANCE COMPANY (A stock company) INSURANCE COMPANY OF NORTH AMERICA (A stock company) PACIFIC EMPLOYERS INSURANCE COMPANY (A stock company) ACE FIRE UNDERWRITERS INSURANCE COMPANY (A stock company) WESTCHESTER FIRE INSURANCE COMPANY (A stock company) 436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703 Awl�� Pk", u� REBECCA L.COLLINS,Secretary 9X0ZHN J.�LUPICA, President Authorized Representative CC-1 K11 h(03/14)