HomeMy WebLinkAboutC20-006 Dogtor FostorFIRST AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
Dogtor Foster LLC
THIS FIRST AMENDMENT (“First Amendment”) is effective as of ________________, by
and between Dr. Elizabeth Keating Foster of Dogtor Foster LLC a limited liability company
(hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and
politic (hereinafter “County”).
RECITALS
WHEREAS, County and Consultant entered into an agreement dated the 29th day of July, 2019,
for certain Services (the “Original Agreement”); and
WHEREAS, the Original Agreement contemplated that the Consultant would perform certain
Services with compensation in an amount not to exceed $18,750; and
WHEREAS, the County desires to have Consultant continue to perform Services for the
compensation as set forth below; and
WHEREAS, the term of the Original Agreement expires on the 31st day of December, 2019, and
the parties desire to extend the term for an additional year.
FIRST AMENDMENT
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as
set forth below, the parties agree as follows:
1. The Original Agreement shall be amended to include additional Services as described
in Exhibit 1, which is attached hereto and incorporated herein by reference.
2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed
$45,000 or a total maximum compensation under the Original Agreement and this
First Amendment of $63,750.
3. The term of the Original Agreement is hereby extended to the 31st day of December,
2020.
4. Capitalized terms in this First Amendment will have the same meaning as in the
Original Agreement. To the extent that the terms and provisions of the First
Amendment conflict with, modify or supplement portions of the Original Agreement,
the terms and provisions contained in this First Amendment shall govern and control
the rights and obligations of the parties.
DocuSign Envelope ID: FF531B86-B560-401B-9B86-06CB57498185
1/6/2020
2
Eagle County Amend Term Scope Comp Final 5/14
5. Except as expressly altered, modified and changed in this First Amendment, all terms
and provisions of the Original Agreement shall remain in full force and effect, and are
hereby ratified and confirmed in all respects as of the date hereof.
6. This First Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Original Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
By: ______________________________
Jeff Shroll, County Manager
CONSULTANT
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
DocuSign Envelope ID: FF531B86-B560-401B-9B86-06CB57498185
Elizabeth Keating Foster
DVM
3
Eagle County Amend Term Scope Comp Final 5/14
EXHIBIT 1
SCOPE OF SERVICES, SCHEDULE, FEES
Purpose:
Eagle County Animal Services (ECAS) provides care and shelter to animals in need while maintaining a
safe community and promotes responsible pet ownership through outreach, education and enforcement.
ECAS seeks to contract with a veterinarian to provide basic medical exams, vaccinations, and spay/
neuter of animals in ECAS's care for a sum no greater than $45,000. The county will cover an additional
$500 for veterinary insurance and $1,000 for continuing education. Payment will be billed on a monthly
basis based on weekly attendance. Should the veterinarian require time off, the veterinarian should
provide two week's notice of a canceled week (emergencies excepted). Veterinarian will not be paid for
missed weeks, scheduled or emergent. ECAS agrees to not cancel any veterinarian weekly visits and
should an emergency occur that requires ECAS to cancel, the veterinarian will still be compensated for
that week.
ECAS will provide necessary equipment, supplies and tools for use by Contractor, at its facility located at
1400 Fairgrounds Road in Eagle, Colorado. Sheltered animals include those surrendered by owners,
found as strays, seized, returned, and transferred from rescue organizations or other shelters inside and
outside of Eagle County. The shelter' s philosophy is to maintain a shelter population at fifty percent of
capacity, allowing for the ability of staff to respond and handle any emergencies that may arise. Eagle
County recognizes that the landscape of Eagle County' s animal population has changed over time as
stray, seized, and returned animals have been on the decline. Transferring animals into our shelter has
become an important component of the shelter program, however, it must be balanced to ensure staffing
and veterinary needs are not exacerbated. Eagle County is committed to transferring animals when there
is capacity, and animals will come either spayed or neutered, requiring health checks primarily.
Scope of Services:
Responsibility of the veterinary include:
1. Provision of weekly on-site visits to perform surgery and assess animal health and shelter
condition on Mondays beginning at 9:00 A.M. These visits include a variety of actions, such as:
a. Sterilization procedures ( spay and neuter);
b. Anesthetic dental cleaning, simple and surgical extractions; and
c. Health exams for all sheltered animals.
2. In addition to the weekly on-site visits, provision of Trap-Neuter-Return (TNR) surgeries, which
will be arranged in advance and animals will be presented for surgery in traps and will be
returned to traps for recovery and return to the location of origin.
3. Be provided with a weekly written report from shelter staff detailing animal health, medications
administered, health or behavior concerns. This will prepare the veterinarian for his or her weekly
visit.
4. Provision of phone, email and text support for shelter and field services managers.
5. Provision of CO veterinary license:
a. for, and provide oversight for supply ordering; and
b. for, and provide oversight and professional recommendations for the discount shelter
feeding program.
6. Provision of copy of $1,000,000/ $3,000,000 liability and malpractice insurance policy, up to $
500.00 of which will be covered by Eagle County.
7. Provision of ongoing training and education to shelter and field services staff as requested during
weekly on- site visits.
DocuSign Envelope ID: FF531B86-B560-401B-9B86-06CB57498185
4
Eagle County Amend Term Scope Comp Final 5/14
8. Provision of input to shelter and field services policies, procedures and protocols as requested.
9. Attendance to one Animal Services Advisory Committee meeting per year to update Committee
members on veterinary services at the shelter.
10. Attendance at conference which provides instruction pertaining specifically to shelter medicine.
Contractor shall share said information with shelter staff upon completion of continuing
education credits. $1000 continuing education allowance will be provided.
DocuSign Envelope ID: FF531B86-B560-401B-9B86-06CB57498185
Veterinary Professional Liability
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 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 VETPRO070053
FOR INFORMATION OR TO FILE A CLAIM
PLEASE CALL (800) 228-7548
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
Elizabeth Keating Foster, DVM
PO Box 997, 30 Wolf Creek Drive
Gypsum, CO 81637
ITEM 4: Limits of Liability
Member Name Member No.Rating Code Each claim $ 1,000,000
Elizabeth Foster 264810 [IV] Small Animal Exclusive Aggregate $ 3,000,000
ITEM 5:Premium and coverage summary ITEM 6: Forms Attached at Issuance:
U-VPL-100-A CW (07/04); U-VPL-103-A CW (07/04); U-GU-1191-A CW (03/15);
U-VPL-126-A CO (09/04); 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
Endorsement (Animal Bailee) / Embryo and Semen Storage (if purchased):
For additional locations, please see the attached page
Primary Professional Liability
Veterinary License Defense
TOTAL DUE:
$248.00
$104.00
$352.00
Location Number/Address Extension Plan Embryo Plan
ITEM 8:Veterinary Professional Liability Regulatory Action License Defense
Coverage endorsement (if purchased):
Limit:$ 25,000
Authorized Signature
Neil R. Hughes, President
HUB International Midwest Limited
This Certificate of Insurance is issued off the Master Policy held by the American
Veterinary Medical Association (AVMA) Professional Liability Insurance Trust. By
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
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
Schaumburg, IL 60196-8041
DocuSign Envelope ID: FF531B86-B560-401B-9B86-06CB57498185
SANCTIONS EXCLUSION
ENDORSEMENT
U-GU-1191-A CW (03/15)
Page 1 of 1
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
DocuSign Envelope ID: FF531B86-B560-401B-9B86-06CB57498185
Endorsement #
Colorado Amendatory Endorsement
U-VPL-126-A CO (09 / 04)
Page 1 of 2
Title of form must not be placed above the logo
↑ Top Margin 3/4"
Master Policy No.Certificate No.Eff. Date of Cert.Exp. Date of Cert.Eff. Date of End.Add’l Prem.Return Prem.
EOL 5241302 -15 VETPRO070053 01/01/2020 01/01/2021 $352.00 $0.00
Named Certificate Holder and Mailing Address:
Elizabeth Keating Foster, DVM
PO Box 997, 30 Wolf Creek Drive
Gypsum, CO 81637
Producer:
HUB International Midwest Limited
55 East Jackson Boulevard
Chicago, IL 60604-4187
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.This policy may be canceled by the Company by mailing written notice by certified mail or first class mail to the Named
Certificate Holder at the address shown in the Certificate of Insurance. Such cancellation shall be no fewer than forty-five
(45) days from the date the notice is mailed unless the policy is canceled because the Named Certificate Holder has failed to
pay a premium. In that event, such cancellation shall take effect no fewer than ten (10) days from the date the notice is
mailed.
The Company may cancel this policy for the following reasons:
(1)Nonpayment of premium;
(2)A false statement knowingly made on the application for insurance; or
(3)A substantial change in the exposure or risk from what was indicated on the application and underwritten as of the
effective date of the policy unless the Named Certificate Holder has notified the Company of the change and the
Company accepts such change.
If the policy is canceled by the Company, the earned premium shall be computed pro-rata. Premium adjustment may be
made at the time cancellation is effected or as soon as practicable thereafter but not more than forty-five (45) days after the
effective date of cancellation by the Company or after the date of entitlement established by notification of cancellation or as
otherwise established. Failure to pay any premium adjustment at, on, or around the time of the effective date of cancellation
shall not alter the effectiveness of cancellation.
2.NONRENEWAL
a.If the Company elects not to renew this policy, the Company will mail by certified mail or first class 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 at least forty-five (45) days prior to the expiration of this policy.
b.If notice is mailed, proof of mailing will be sufficient proof of notice.
c.If either one of the following occurs, the Company is not required to provide written notice of nonrenewal:
(1)the Company or another Company within the same insurance group has offered to issue a renewal policy; or the Named
Certificate Holder has obtained replacement coverage or agreed in writing to do so.
DocuSign Envelope ID: FF531B86-B560-401B-9B86-06CB57498185
U-VPL-126-A CO (09 / 04)
Page 2 of 2
3.CONDITIONAL RENEWAL
a.If the Company elects to renew this policy and the renewal is subject to any of the following:
(1)Increase in premium;
(2)Reduction in Limit of Liability; or
(3)Reduction in coverage;
the Company shall mail by certified mail or first class mail written notice of the change(s) to the Named Certificate Holder,
at the address shown in the Certificate of Insurance and the producer of record, if any, at least forty-five (45) days before
the anniversary or expiration date of the policy.
b.If renewal is subject to any condition described in a(1) through a(4) above, and the Company fails to provide notice forty-five
(45) days before the anniversary or expiration date of this policy, the following procedures apply:
(1)the present policy will remain in effect until the earlier of the following:
(a)Forty-five (45) days after the date of mailing or delivery of the notice; or
(b)The effective date of replacement coverage obtained by the Named Certificate Holder.
(2)If the Named Certificate Holder elects not to renew, any earned premium for the period of extension of the terminated
policy will be calculated pro rata at the lower of the following rates:
(a)The rates applicable to the terminated policy; or
(b)The rates presently in effect.
c.If the Named Certificate Holder accepts the renewal, the premium increase, if any, and other changes are effective the day
following this policy's anniversary or expiration date.
All other terms, conditions and exclusions of this policy remain unchanged.
10/15/2019Signed by:
Date
Authorized Representative
DocuSign Envelope ID: FF531B86-B560-401B-9B86-06CB57498185
U-GU-1147-A (01/14)
Page 1 of 2
Fraud Warnings Disclosure
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.
DocuSign Envelope ID: FF531B86-B560-401B-9B86-06CB57498185
U-GU-1147-A (01/14)
Page 2 of 2
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:Elizabeth Keating Foster, DVM Date:01/01/2020
Applicant Signature:
DocuSign Envelope ID: FF531B86-B560-401B-9B86-06CB57498185
Important Notice to Policyholders
U-GU-1194-A CW (08/15)
Page 1 of 1
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.
FORMAT IS A SAMPLE OF A BLANK FORM
DocuSign Envelope ID: FF531B86-B560-401B-9B86-06CB57498185
