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Home My WebLink About2019-750-E Animal Svc - Bethany Walters DVM veterinary services DocuSign Envelope ID:26FFAC14-685F-4DB8-985B-761D8D052080 [Departmental Use Only] TITLE Bethany Walters, ❑VM FY 19-20 ORANGE COUNTY CONTRACT UNDER$5,()()0.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1 I th day of October,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 Bethany Walters, 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: 1. Provide veterinary services in an animaly cruelty case. Work with staff as required for medical and investigative needs to provide examination services and-reporting for specific cases where such expertise is needed or required. 2. Maintain a liscense 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 standarts and practice. 3. Maintian 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, 4.Be a member and in good standing of the American Veterinary Medical Association. 5.Provide relief or other veterinary services as needed. The term of this agreement rendered shall be from October- 11,2019 to April 11,2020. 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 two thousand five hundred dollars, ($2,500 at a rate of$40 per hour). 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 Revised 12/18 DocuSign Envelope ID:26FFAC14-685F-4DB8-985B-761D8D052080 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 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 divisionlcontracts.php). 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 Provides-agrees,without limitation,to defend, indemnify, and hold harmless Orange County fi-om 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 s 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 11A 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 littp:llwww.oi-angeCOLintVnc.gov/departmeiits/purchasing divisionlcontracts.plip.). 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 Revised 12118 2 DocuSign Envelope ID:26FFAC14-685F-4DB8-985B-761D8D052080 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 terns 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 COUNTY PROVIDER oas�e�.�d M: oo��s�e�.d ny B 15ob A B lbat.vs y :,=.sn ssnnan y ;; ;`;Q;;° .,Q,ters DVM uepar[meni Director Title: r 200 S. Cameron St. Bethany Walters, DVM P.O. Box 8181 4418 Cottendale Drive Hillsborough,NC 27278 Durham,NC 27703 Revised 12118 3 DocuSign Envelope ID:26FFAC14-685F-4DB8-985B-76lD8D052080 AVMA I PL.IT" Veterinary Professional Liability Protecting you through it all Insurance Policy Certificate of Insurance This policy provides occurrence coverage.Please review the policy carefully- Z U R I G H ITEM 1:Insured by the stock company below and hereinafter called the Company Zurich American Insurance Company tl-VPL-101-A-CW(07104) ITEM 2:Named Certificate Holder,member number,rating code and address Master Policy Number: Certificate Number. ' EOL.5241302-14 VETPR0085334 Bethany Walters,DVM FOR INFORMATION OR TO FILE A CLAIM 6325 Mimosa Dr. PLEASE CALL-(800)228-7548 Chapel.Hill,NC 27514 ITEM 3:Policy Period From: 01/01/2019 To: 01/01/2020 12:U 1 am Standard time at the address of the Named Certificate Holder as stated herein ITEM 4:Limits of Liability Member Name Member No. Rating Code Each claim $ 1,000,000 Bethany Walters 261785 [IV]Small Animal Exclusive Aggregate $3,000,000 = ITEM 5:Premium and coverage summary ITEM 6:Dorms Attached at Issuance: Primary Professional Liability $248.00 U-VPI:100-A CW(07104);U-VPL-103-A CW(07/04);i]-GU-1191-A CW(03/15); Veterinary License Defense $109.00 U-VPL-128-A NC(10/04);U-VPLr155-A NC(10/04);U-VPL-102-B CW(06/11); U-GU-319-F(01/09);U-GU-1194-A CW(08/15) ITEM 7:Schedule of Plan Numbers and location(s)for Professional EXterrSiOn TOTAL DUE: 5357 00 Endorsement(Animal Bailee)/Embryo and Semen Storage(if purchased): For additional locations,please.see the attached page Location Number/Address Extension Plan Embryo Plalr ITEM S.Veterinary Professional Liability Regulatory Action License Defense Coverage endorsement[if purchased): Veterinary Certificate of Insurance is issued off the Master Policy held by the American Veterinary Medical Association(AVMA)Professional Liability Insurance Trust-By Limit: $50,000 acceptance of this policy the Named Certificate Holder agrees that the statements in the certificale 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 s of its representatives relating to this insurance. Notice to(lie Company: Zurich American insurance Company P.0-Box 969041 Neil R.Hughes,President Schaumburg,IT.60 1 96-804 1 HUB International Midwest Limited