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HomeMy WebLinkAbout2020-020-E Animal Svc - Mikaela Archambeault DVM veterinary services1 Rev. 6/19 TITLE Mikaela Archambeault, DVM FY 2019-2020 NORTH CAROLINA ORANGE COUNTY AN AGREEMENT FOR THE PROVISION OF CONSULTING VETERINARY SERVICES AND THE PERFORMANCE OF SPAY/NEUTER AND OTHER SURGICAL SERVICES This Agreement is between the County of Orange (“County”) through the Animal Services Department (“Department”) and Mikaela Archambeault, DVM, (”Veterinarian”) whose address is 836 Ember Drive, Durham, NC 27703, for the provision of consulting veterinary services and the performance of surgical services. 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 and other approved necessary surgical services for animals adopted from or available to be adopted from the Department; and WHEREAS, Mikaela Archambeault, DVM, 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 Veterinarian agree to the following terms and conditions: A. The Veterinarian agrees to the following: 1. Provide 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 another contracted veterinarian or otherwise approved by the Veterinary Health Care Manager (or designee). 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 DocuSign Envelope ID: F5511177-C872-4A51-857D-0DBA876A68E9 2 Rev. 6/19 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 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; training and supervision of any staff implementing electronic identification devices (“microchips”) into animals within the care of the Animal Services Department; and other training as deemed appropriate by the Veterinary Health Care Manager and Animal Services Director. 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; disease outbreak and management and the care of individual animals with infirmities; and 4. Provide up to 4 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. 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 6. 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 7. Be a member in good standing of the American Veterinary Medical Association; and DocuSign Envelope ID: F5511177-C872-4A51-857D-0DBA876A68E9 3 Rev. 6/19 8. 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 Veterinarian, 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 Veterinarian to indemnify the County to the extent permitted under North Carolina law; and 9. Comply with all applicable federal, State, and local laws, including non- discrimination laws as may be applicable in fulfilling this agreement; and 10. 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. Hours of surgical and consulting services shall be reported by Veterinarian to Department weekly. 11. As requested by the Department, coordinate with the Department to timely obtain any necessary DHHS or DEA licenses or registrations needed to purchase controlled substances to be used by the Department for surgery and pain management. Said licenses or registrations shall name both the Department and the Veterinarian and shall be obtained at no cost to Veterinarian. B. The County agrees to: 1. Payment. Orange County shall reimburse the Veterinarian for an amount not to exceed Ten Thousand Dollars ($10,000) for services rendered from January 1, 2020, to June 31, 2020, and as provided herein. C. The Parties Agree to: 1. Term. The term of this Agreement shall be from January 1, 2020, through June 31, 2020, 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-two Dollars ($42.00) per hour; and b. Upon submission of an invoice, the County shall reimburse the Veterinarian in an amount up to Two Hundred and Fifty Dollars ($250) 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 DocuSign Envelope ID: F5511177-C872-4A51-857D-0DBA876A68E9 4 Rev. 6/19 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 any time without penalty by County, with or without cause, upon delivery of at least thirty (30) days’ prior written notice of termination to Veterinarian. This Agreement may be terminated at any time without penalty by Veterinarian, with or without cause, upon delivery of at least sixty (60) days’ prior written notice of termination to County. 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 Provider’s Name & Address Attention: Bob Marotto Mikaela Archambeault, DVM P.O. Box 8181 836 Ember Drive Hillsborough, NC 27278 Durham, NC 27703 8. 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. 9. Workers Compensation. Veterinarian is responsible for his or her own workers’ compensation. DocuSign Envelope ID: F5511177-C872-4A51-857D-0DBA876A68E9 5 Rev. 6/19 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. 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. 12. 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. 13. 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. 14. 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. 15. Governing Law and Priority. 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 Veterinarian affirms that Veterinarian and any subcontractors of Veterinarian are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Veterinarian certifies that Veterinarian 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. By executing this Agreement Veterinarian certifies that Veterinarian has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created DocuSign Envelope ID: F5511177-C872-4A51-857D-0DBA876A68E9 6 Rev. 6/19 by the State Treasurer pursuant to G.S. 147-86.81. 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. 16. 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 http://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. 17. 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. 18. 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. FOR VETERINARIAN ____________________________________________ __________________________ Mikaela Archambeault, DVM Date FOR AND ON BEHALF OF ORANGE COUNTY _________________________________________ __________________________ Bonnie Hammersley, Orange County Manager Date DocuSign Envelope ID: F5511177-C872-4A51-857D-0DBA876A68E9   DocuSign Envelope ID: F5511177-C872-4A51-857D-ODBA876A68E9 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. Z U R I C H 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,rating code and address Master Policy Number: Certificate Number: EOL 5241302-15 VETPRO154151 Mikaela P Archambeault,DVM FOR INFORMATION OR TO FILE A CLAIM 836 Ember Drive PLEASE CALL (800)228-7548 Durham,NC 27703 ITEM 3:Policy Period From: 01/01/2020 To: 01/01/2021 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. Rating Code Each claim $ 1,000,000 Mikaela Archambeault 275855 [1V]Small Animal Exclusive Aggregate $3,000,000 ITEM 5:Premium and coverage summary ITEM 6:Forms Attached at Issuance: Primary Professional Liability $248.00 U-VPL-100-A CW(07/04);U-VPL-103-A CW(07/04);U-GU-1191-A CW(03/15); Veterinary License Defense $120.00 U-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);U-GU-1194-A CW(08/15) ITEM 7: Schedule of Plan Numbers and location(s)for Professional Extension TOTAL DUE: $368.00 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: $50,000 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 s 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 DocuSign Envelope ID: F5511177-C872-4A51-857D-ODBA876A68E9 SANCTIONS EXCLUSION Z U RI CH ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy, whether included in an Exclusion Section or otherwise: SANCTIONS EXCLUSION Notwithstanding any other terms under this policy, we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured, beneficiary, or third party who may have any rights under this policy to the extent that such cover, payment, service, benefit, or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions, the declarations, notices, schedule, coverage parts, insuring agreement, application, enrollment form, and endorsements or riders, if any, for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer, underwriter, we, us, and our, or as otherwise defined in the policy, and shall mean the company providing the coverage. Insured may be referred to as policyholder, named insured, covered person, additional insured or claimant, or as otherwise defined in the policy, and shall mean the party, person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U-GU-1191-A CW (03/15) Page 1 of 1 DocuSign Envelope ID: F5511177-C872-4A51-857D-ODBA876A68E9 Endorsement 0 North Carolina Amendatory Endorsement Z U RI C H Certificate No. Eff.Date of Cert. Exp.Date of Cert. Eff.Date of End. Add'1 Prem. Return Prem. VETPRO154151 01/01/2020 01/01/2021 $368.00 $0.00 Named Certificate Holder and Mailing Address: Producer: HUB International Midwest Limited Mikaela P Archambeault,DVM 55 East Jackson Boulevard 836 Ember Drive Chicago,IL 60604-4187 Durham,NC 27703 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Veterinary Professional Liability Insurance Policy It is agreed that Section IV—CONDITIONS,Paragraph D is deleted in its entirety and replaced with the following: 1. CANCELLATION a. This policy may be canceled by the Named Certificate Holder by surrender of the policy to the Company or by mailing written notice to the Company stating when such cancellation shall take effect. If canceled by the Named Certificate Holder,the Company shall retain the customary short-rate proportion of the premium. In no event may the requested date of cancellation be greater than ten(10)days prior to the date the request is received by the Company. b. If this policy has been in effect less than sixty (60) days, the Company may cancel this policy for any reason by mailing written notice by certified mail to the Named Certificate Holder at the address shown in the Certificate of Insurance, and mailing to the producer of record, if any. Such cancellation shall be no fewer than fifteen(15) days from the date the notice is mailed. Such notice shall state the reason for cancellation and if applicable be accompanied by a refund of unearned premium,except a premium that has been financed. c. If this policy is in effect sixty(60)days or more,the Company may cancel this policy for the following reasons: (1) Nonpayment of premium in accordance with the policy terms; (2) An act or omission by the Named Certificate Holder or his representative that constitutes material misrepresentation or nondisclosure of a material fact in obtaining the policy, continuing the policy, or presenting a Claim under the policy; (3) Increase hazard or material change in the risk assumed that could not have been reasonably contemplated by the parties at the time of assumption of the risk; (4) Substantial breach of contractual duties,conditions,or warranties that materially affects the insurability of the risk; (5) A fraudulent act against the company by the Named Certificate Holder or his representative that materially affects the insurability of the risk; (6) Willful failure by the Named Certificate Holder or his representative to institute reasonable loss control measures that materially affect the insurability of the risk after written notice by the company; (7) Loss of facultative reinsurance,or loss of or substantial changes in applicable reinsurance as provided in G.S.58-41-30; (8) Conviction of the Insured of a crime arising out of acts that materially affect the insurability of the risk;or (9) A determination by the commissioner that the continuation of the policy would place the Company in violation of the laws of the state of North Carolina. If the Company cancels subject to c(1) through c(9) above, the Company will mail by certified mail to the Named Certificate Holder at the address shown in the Certificate of Insurance,and mail to the producer of record,if any. Written notice of cancellation shall take effect fifteen(15)days from the date of mailing for the reasons set forth in c(1) through c(9)above. Any written notice of cancellation subject to c(1) through c(9) will state the reason for such cancellation and will be accompanied by a refund of unearned premium,except a premium that has been financed. d. If notice is mailed,proof of mailing will be sufficient proof of notice. e. The Company shall refund the unearned premium computed at customary short rates if the policy is terminated by the Named Certificate Holder. Under any other circumstances the refund shall be computed pro rata. U-VPL-128-A-NC(09/04) Page 1 of 2 DocuSign Envelope ID: F5511177-C872-4A51-857D-ODBA876A68E9 2. NONRENEWAL a. If the Company elects not to renew this policy,the Company shall mail by certified mail to the Named Certificate Holder at the address shown in the Certificate of Insurance, and mail to the producer of record, if any,written notice of nonrenewal. The Company may refuse to renew a policy that has been written for a Policy Period of one (1)year or less at the policy's expiration date by mailing written notice of nonrenewal to the Named Certificate Holder at the address shown in the Certificate of Insurance at least forty-five(45)days prior to the expiration date of the policy. The Company may refuse to renew a policy that has been written for a Policy Period of more than one (1)year at the policy anniversary date by mailing written notice of nonrenewal to the Named Certificate Holder at the address shown in the Certificate of Insurance at least forty-five(45)days prior to the anniversary date of the policy. b. The Company must file a plan with the commissioner at least fifteen(15) days before the issuance of a nonrenewal because of loss or reduction of reinsurance. c. If notice is mailed,proof of mailing will be sufficient proof of notice. d. If either one of the following occurs,the company is not required to provide written notice of nonrenewal: (1) The Named Certificate Holder has insurance elsewhere; (2) The Named Certificate Holder has obtained replacement coverage or agreed in writing to do so;or (3) The Named Certificate Holder has requested or agreed to nonrenewal. e. The policy may not be extended to meet nonrenewal notice requirements in a.above. d. The transfer of a policy between companies within the same insurance group or changes in premium, Limit of Liability or coverage are not refusals to renew. 3. CONDITIONAL RENEWAL a. If the Company elects to renew this policy and the renewal is subject to the following: (1) reduction in coverage; (2) impose any kind of surcharge;or (3) increase premium rate. b. If the policy being conditionally renewed was written for a Policy Period of one (1) year or less, the renewal terms and statement of premium due must be mailed at least forty-five (45) days before the expiration date of the policy. If the policy being conditionally renewed was written for a Policy Period of more than one (1) year, the renewal terms and statement of premium due must be mailed at least forty-five(45)days before the anniversary date of that policy. The Company shall mail or deliver by certified mail written notice of the changes to the Named Certificate Holder at the address shown in the Certificate of Insurance,and mailed to the producer of record,if any. c. If the Company fails to furnish the conditional renewal terms and statement of premium due in the manner required in b above, the Named Certificate Holder may cancel the renewal policy within the thirty (30) day period following receipt of the conditional renewal terms and statement of premium due. For refund purposes, earned premium for any period of coverage shall be calculated pro-rata upon the premium applicable to the policy being renewed instead of the renewal policy. d. If the Company fails to comply with the forty-five (45) day written notice requirement in b. above, the Named Certificate Holder is entitled to the option of coverage under the policy being renewed and at the same cost of that policy until forty-five (45)days have elapsed after the Company has provided the Named Certificate Holder with the notice. e. If a policy has been issued for a Policy Period longer than one(1)year,and for additional consideration a premium has been guaranteed for the entire Policy Period, it is unlawful for the Company to increase that premium or other policy or coverage provisions less favorable to the Named Certificate Holder during the term of the policy. All other terms,conditions and exclusions of this policy remain unchanged. Signed by: 10/16/2019 Date Authorized Representative U-VPL-128-A-NC(09/04) Page 2 of 2 DocuSign Envelope ID: F5511177-C872-4A51-857D-ODBA876A68E9 Endorsement 0 North Carolina Amendatory Endorsement Z U RI C H Certificate No. Eff.Date of Cert. Exp.Date of Cert. Eff.Date of End. Add'1 Prem. Return Prem. VETPRO154151 01/01/2020 01/01/2021 $368.00 $0.00 Named Certificate Holder and Mailing Address: Producer: HUB International Midwest Limited Mikaela P Archambeault,DVM 55 East Jackson Boulevard 836 Ember Drive Chicago,IL 60604-4187 Durham,NC 27703 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Veterinary Professional Liability Insurance Policy It is agreed that the Veterinary Professional Liability Bailee Extension Endorsement, U-VPL-101-A CW (07/04), Section IV— ADDITIONAL CONDITIONS,Paragraph I is deleted in its entirety and replaced with the following: I. SUIT No suit, action or proceeding for the recovery of any Claim under this endorsement shall be sustainable in any court of law or equity unless the same be commenced within three (3) years after discovery by the Insured of the event which gives rise to the Claim. The three(3)year period of time will be extended by the number of days between the date proof of loss was submitted and the date the Claim is denied in whole or in part. All other terms,conditions and exclusions of this policy remain unchanged. S Signed by: 10/16/2019 Date Authorized Representative U-VPL-155-A-NC(09/04) Page 1 of 1 DocuSign Envelope ID: F5511177-C872-4A51-857D-ODBA876A68E9 Fraud Warnings Disclosure Z U RI C H TO BE ATTACHED TO AND FORM PART OF THE APPLICATION. IF FRAUD WARNINGS ARE INCLUDED IN THE APPLICATION TO WHICH THIS IS ATTACHED, THIS DISCLOSURE REPLACES THOSE WARNINGS. Any person who knowingly and with intent to defraud any insurance company or another person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects the person to criminal and civil penalties. (Not applicable in AL, AR, CO, DC, FL, KS, KY, LA, MD, ME, NJ, NM, NY, OH, OK, OR, PA, PR, RI, TN, TX, VA, VT, WA, and WV.) In Arkansas, Louisiana, Rhode Island, or West Virginia: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. In Alabama: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution, fines or confinement in prison, or any combination thereof. In Colorado: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. In District of Columbia: Warning: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. In Florida: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. In Kansas: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to an insurer, purported insurer, or to or by a broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act and may be subject to criminal and/or civil fines or penalties. In Kentucky: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime. In Maine, Tennessee, Virginia, or Washington: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits. U-GU-1147-A (01/14) Page 1 of 2 DocuSign Envelope ID: F5511177-C872-4A51-857D-ODBA876A68E9 In Maryland: Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. In New Jersey: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. In New Mexico: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. In New York: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. In Ohio: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. In Oklahoma: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. In Oregon: Any person who knowingly and with intent to defraud any insurer or other person files an application for insurance or statement of claim containing any materially false information upon which an insurer relies, if such information was either material to the risk assumed by the insurer or the misinformation was provided fraudulently, may commit a fraudulent insurance act, which may be a crime and may subject the person to criminal and civil penalties. In Pennsylvania: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. In Puerto Rico: Any person who has committed fraud, as defined in the law, shall incur a felony, and if convicted, shall be sanctioned for each violation by a penalty of a fine of not less than five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000), or a penalty of imprisonment for a fixed term of three (3)years, or both penalties. If there were aggravating circumstances, the fixed penalty thus established may be increased up to a maximum of five (5) years; if extenuating circumstances are present, it may be reduced to a minimum of two (2) years. In addition to the penalties provided in this chapter, any person who, as a result of the fraud thus committed is benefited in any way to obtain insurance, or in the payment of a loss pursuant to an insurance contract, shall be imposed the payment of restitution of the amount of money resulting from the fraud. Every violation shall have a prescription term of(5)five years. In Texas: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. In Vermont: Any person who knowingly presents a false statement in an application for insurance may be guilty of a criminal offense and subject to penalties under state law. The undersigned, on behalf of all Insureds, acknowledges that discovery of any fraud, intentional concealment, or misrepresentation of any material fact may render this policy, if issued, voidable at inception or otherwise cancelled. Applicant Applicant Name and Title: Mikaela P Archambeault, DVM Date: 01/01/2020 Applicant Signature: U-GU-1147-A (01/14) Page 2 of 2 DocuSign Envelope ID: F5511177-C872-4A51-857D-ODBA876A68E9 ZURICH Important Notice to Policyholders The address for the headquarters of Zurich North America will change after August 1, 2016 due to a relocation of our office in the same city. The new address is: Customer Inquiry Center Zurich North America 1299 Zurich Way Schaumburg, IL 60196 1-800-382-2150 For specific questions regarding your policy, please contact your agent or broker. For other questions, you may contact the Customer Inquiry Center of Zurich North America. Any references to post office boxes previously provided remain unchanged. U-GU-1194-A CW(08/15) Page 1 of 1