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HomeMy WebLinkAbout2019-159-E Animal Svc - Amanda Chapman veterinary services DocuSign Envelope ID: DCBF9B19-4560-44DC-A9D0-71F645AC8BDC [Departmental Use Only] TITLE Amanda Chapman, DVM ORANGE COUNTY FY 7$-9 9 NORTH CAROLINA CONTRACT UNDER$5,000.00 THIS AGREEMENT, made and entered into this 1 st day of July, 2018, ("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 Amanda Chapman., DVM (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: To administer three year rabies vaccines and implant microchips for the community at the rabies and microchip clinics held by Orange County Animal Services. The term of this agreement rendered shall be from duly 1,2018 to June 30,2019. 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 one thousand dollars, ($1,000 at a rate of$150 per three-hour clinic). 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. 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. 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 Revised 12/18 l DocuSign Envelope ID: DCBF9B19-4560-44DC-A9D0-71F645AC8BDC Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountvnc-gov/departments/purchasing division contracts. h ). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here Professional Liability Insurance(if no additional insurance required mark NIA 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 Signature : 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 11 A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priori : Both parties agree that this Agreement shall be governed by the Iaws of the State of North Carolina and Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal Iaws, 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 teach policy is incorporated herein by reference and may be viewed at htt ://www.o:•an ecoun nc. ov/de artments) urchasitt divisioti/contracts. h .). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without i further obligation on the part of the County. This paragraph is not intended to Iimit and does not limit the t 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 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. Revised 12118 2 DocuSign Envelope ID: DCBF9B19-4560-44DC-A9D0-71 F645AC8BDC 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. ORt"T pceusig PROVIDFR 166 6�.t�VW6 Docusigned by: By:- C9B58115B7DD482... Y: �+r • Department Director Title. 8DOMB332424F8... 200 S. Cameron St. Amanda Chapman, DVM P.O. Box 8181 104 Mullin Court Hillsborough,NC 27278 Chapel Hill,NC 27514 Revised 12119 3 DocuSign Envelope ID: DCBF9B19-4560-44DC-A9D0-71 F645AC8BDC AVMA I PL1T& Veterinary Professional Liability Protecting you through it all Insurance Policy Certificate of Insurance rr��rr This policy provides occurrence coverage.Please review the policy carefully. L 4 ITEM t:Insured by tine stock company below and lie rein after caned the Company 4 Zurich American Insurance Company U-VPt.•iO3-A-CIV(07104) ITEM 2:Ahmed Certificate Holder,in ember number,species,and address Master Policy Number; Certificate 1Vurnber: EOL 5241302-13 VETPR0069825 Amanda Leah Chapman,DVM FOR INFORMATION OR TO FILE A CLAIM 104 Mullin Court PLEASE CALL(800)228-7548 Chapel Hill,NC 27514 ITEM 3:Policy Perind From; 01/01/2018 To: 01/01/2019 12:0 1 am Standard time at the address of the Named Certificate Holder as stated herein ITEM 4:Limits or Liability Member Name Member Na. ecies Tyue Each claim. $1,000,000 Amanda Chapman 265520 [IV]Small Animal l xclusive Aggregate $3,000,000 ITEM 5:Premium and coverage summary ITEM 6:Forms Attached at lssunnce: Primary Professional Liability $238.00 U-VPLr100-A CW(07/04);U-VPL-103-A CW(07/04).GU-I 191-A-CW(3/15);U- i Veterinary License Defense $85.00 VPL-128-A NC(10/04).U-VPL-155-A NC(10104);U-VPL-102-B CW(0611 1),U- GU-319-F(01/09);U-GU-1194-A CW(08/15) ITEM 7:Schedule of Pfail Nutnbees and location(s)for ProrssionaI Extension 1 TOTAL DUE: $323.00 Fndorsement(Animal Bailee)/Embryo and Semen Storage(irpurchased): For additional locations,please see die attached page Location NumherlAddress Extension Plan Etnh o Plan € {fF 1 ITEM 8:Veterinary Professional Liability Regulatory Action License Derense Coverage endorsernenI(if purchased); This Certificate of Insurance is issued off the Master Policy held by[he American Veterinary Medical Associating(AVMA)Proressional Liability Insurance Trust.By Limit: $25,090 acceptance of this policy the Named Cerlificate Holder agrees that the sratemenrls in the certificate and lite application and any attachmenis hereto are the Named Authorized Signature Cet•ti Rea le Holdci's agreements and represertmtions and that Iltis policy emhodies all agreements existing between the Named Certificate b older&the Company or any 1 or its representatives relating to this insurance. 11 Notice to the Company; Zurich American insurance Connpany Neil R,Hughes,President P.0,nox 968041 HUR International Midwest United Schaumburg,iL 6019fi-8041 I DocuSign Envelope ID: DCBF9B19-4560-44DC-A9DO-7lF645AC8BDC AVMA I PLIT° Veterinary Professional Liability Protecting you through it all Insurance Policy Certificate of insurance i r This policy provides ncettrrcnce covemp.please review Ile l,oIicy carerully. Z U R I r H ITEM 1:Insured by the slack cotnpany below and hereina0cr en Ile d rile Cumpan)' 4 �+ Zurich American Insurance Company D-VPI--tp►-A-CW ivr.lul ITEM 2:Ahmed Cerlificale holder,member number,rating code and address Master Policy Nuinher; Certificate Number; EOL 5241302-14 VEiTPROG69825 Alnanda Leah Chapman,DVM FOR INFORMATION OR TO FiLE A CLAIM 104 Mullin Court PLEASE CALL(800)228-7548 Chapel Hill,NC 27514 ITEM 3;Policy Period From: U11UI1zU1t1 To: 0I/01/2020 t 12:01 am Standard time at the address ortltc Monett C'citiftcale Nuldcr its stated herein iTEM 4;Limits of Liability Member Name Member Nn, Raling Code - Each claim $ 1,000,00(I Amanda Chapman 26552.0 [IV)Small Animal Ekclusi�e: Aggregate $3,000,000 ITEM 5;I'minium and coverage summary ITEM 6:Fo17ns Attached at issuance: Pchintry Pmfessional Liability $248.00 L)-VPL-IOU-A CW(07104);U-VPL-#03-A CW(07104):U-GU-I 191-A CW(03/15); Velerinary License Defense $94.00 U-VPL-i28-A NC(10/04);U-VPL-155-A NC(10/04);U-Vi'l--102-13 CW(1)6!11): U-0U-319-F(01/09),U•GU-i 194-A CW(08115) ITEM 7:Schedule of Plan Numbers.and location(s)for Proressional 1'sxtcnsivn TOTAL.DUE: $342.00 Endorsement(Ali itrial Bailee)I Embryo and Semen Slorafe(if pur'chatsecl): ror additional locations,please see 1110 auaclied page Location Numbed/Address Extension Plan Ernbiyo I'll ; ( 4 9 d ITEM 8.Veterinary Professional Liability Regulatory Action Lieeuse Defense .. Coverage cmlorsemcnl(if purchased); This Cerlificale of htxurance is issued nlf the Master[In Iicy lichl by the Americaxi Veterinary Mcdind Association(AVNIA)Protessional Liability Insmmoee Trost.fry Limit: $25,000 accepiancc orfltis pnlicy the Named Certlficato Ill older agrees thal the statemeniN is lite cerliftcare and Ilse appticat ion and any attachments Itcretu arc the Manted Authorized Signature Cerlificatu Holder's agreements and representations and that this )()I icy cns6ndies rill ogreemcnls ex isting between the Nuored Cerllllc;dc Ita[it er R the Company or any A/ uHm repiescntalives relating so this insurai ce. Nos ice to live company: Zurich American Insurance Cnmp;rny 1',0,Box 968041 N:_il R.Hughes.Presidcttt Schaumburg 3l-6019f-R041 FlilEi International Midu�esl Limited