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Home My WebLink AboutC20-447 Dogtor FosterSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND Dogtor Foster LLC THIS SECOND AMENDMENT (“Second 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, County and Consultant entered into a First Amendment to the Original agreement extending the term of the Original Agreement on the terms set forth in the First Amendment; and WHEREAS, the First Amendment contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $63,750; and WHEREAS, the term of the Original Agreement expires on the 31st day of December, 2020 and the parties desire to extend the term for an additional year with compensation in an amount not to exceed $40,000. SECOND 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 the 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 $40,500 or a total maximum compensation under the Original Agreement, the First Amendment and this Second Amendment of $104,250. 3.The term of the Original Agreement is hereby extended to the 31st day of December, 2021. 4.Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify, or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. DocuSign Envelope ID: B6ED7FF2-1419-4CB8-8F47-68C8179C1C0E 12/17/2020 C20-447 Eagle County Amend Term Scope Comp Final 5/14 5. Except as expressly altered, modified, and changed in this Second 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 Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the date 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: B6ED7FF2-1419-4CB8-8F47-68C8179C1C0E DVM Elizabeth Keating Foster Eagle County Amend Term Scope Comp Final 5/14 EXHIBIT 1 SCOPE OF SERVICES, SCHEDULE, FEES 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. Eagle County seeks to contract with a veterinarian (hereinafter “veterinarian” or “Contractor”) to provide basic medical exams, vaccinations, and spay/ neuter of animals in ECAS's care for a sum no greater than $40,000. The County will pay Contractor an additional $500 for the cost of veterinary insurance. Payment will be billed on a monthly basis based on weekly attendance. Should the veterinarian require time off, the veterinarian should provide two weeks’ notice of a canceled week (emergencies excepted). Veterinarian will not be paid for missed weeks, whether scheduled or due to emergency. 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 veterinarian 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. and ending at 2:00 P.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 certificate of insurance demonstrating Contractor has insurance coverage in amounts not less than $1,000,000/ $3,000,000 liability and malpractice insurance policy. Eagle County will pay Contractor a maximum of $500.00 towards the cost of such insurance. The insurance certificate shall be provided upon execution of the Agreement or upon request of the County. DocuSign Envelope ID: B6ED7FF2-1419-4CB8-8F47-68C8179C1C0E Eagle County Amend Term Scope Comp Final 5/14 7. Provision of ongoing training and education to shelter and field services staff as requested during weekly on- site visits. 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. DocuSign Envelope ID: B6ED7FF2-1419-4CB8-8F47-68C8179C1C0E CNA Connect Renewal Declaration POLICY NUMBER COVERAGE PROVIDED BY FROM -POLICY PERIOD -TO B 6025296944 CONTINENTAL CASUALTY COMPANY 07/29/2020 07/29/2021 151 N Franklin CHICAGO,IL 60606 INSURED NAME AND ADDRESS Dogtor Foster LLC PO BOX 997 GYPSUM,CO 81637-0997 AGENCY NUMBER AGENCY NAME AND ADDRESS 086738 WALL STREET INSURANCE 105 EDWARDS VILL BLV PO BOX 20 EDWARDS,CO 81632 Phone Number:(970)926-4900 BRANCH NUMBER BRANCH NAME AND ADDRESS 540 DENVER BRANCH OFFICE CNA 10375 PARK MEADOWS DR.#300 LITTLETON,CO 80124 Phone Number:(303)858-4100 This policy becomes effective and expires at 12:01 A.M.standard time at your mailing address on the dates shown above. The Named Insured is a Limited Liability Company Your policy is composed of this Declarations,with the attached Common Policy Conditions, Coverage Forms,and Endorsements,if any.The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. The Estimated Policy Premium Is $513.00 Terrorism Risk Insurance Act Premium $8.00 Audit Period is Not Auditable INSURED Page 1 of 6 DocuSign Envelope ID: B6ED7FF2-1419-4CB8-8F47-68C8179C1C0E POLICY NUMBER INSURED NAME AND ADDRESS B 6025296944 Dogtor Foster LLC PO BOX 997 GYPSUM,CO 81637-0997 PROPERTY COVERAGE LIMIT OF INSURANCE The following deductible applies unless a separate deductible is shown on the Schedule of Locations and Coverage. Deductible:$500 Business Income and Extra Expense Coverage Business Income and Extra Expense 12 Months Actual Loss Sustained Business Income and Extra Expense -Dependent Properties $10,000 Employee Dishonesty $25,000 Forgery and Alteration $25,000 LIABILITY COVERAGE LIMIT OF INSURANCE Liability and Medical Expense Limit -Each Occurrence $1,000,000 Medical Expense Limit --Per Person $10,000 Personal and Advertising Injury $1,000,000 Products/Completed Operations Aggregate $2,000,000 General Aggregate $2,000,000 Damage To Premises Rented To You $300,000 Employment Practices/Fiduciary Liability Retroactive Date:07/29/2019 $10,000 EPLI Deductible:$0 Hired Auto Liability $1,000,000 Nonowned Auto Liability $1,000,000 INSURED Page 2 of 6 DocuSign Envelope ID: B6ED7FF2-1419-4CB8-8F47-68C8179C1C0E POLICY NUMBER INSURED NAME AND ADDRESS B 6025296944 Dogtor Foster LLC PO BOX 997 GYPSUM,CO 81637-0997 SCHEDULE OF LOCATIONS AND COVERAGE LOCATION BUILDING1 1 1400 FAIRGROUNDS RD EAGLE,CO 81631 Construction:Frame Class Description:Veterinarian/Veterinary Hospitals Inflation Guard 3% PROPERTY COVERAGE LIMIT OF INSURANCE Accounts Receivable $25,000 Building Not Covered Business Personal Property $5,100 Electronic Data Processing $50,000 Equipment Breakdown $5,100 Fine Arts $25,000 Ordinance or Law -Demolition Cost,Increased Cost of Construction $25,000 Seasonal Increase:25% Sewer or Drain Back Up $25,000 Valuable Papers &Records $25,000 INSURED Page 3 of 6 DocuSign Envelope ID: B6ED7FF2-1419-4CB8-8F47-68C8179C1C0E POLICY NUMBER INSURED NAME AND ADDRESS B 6025296944 Dogtor Foster LLC PO BOX 997 GYPSUM,CO 81637-0997 LOSS PAYEE SCHEDULE All loss payees as their interests may appear in the Covered Property. The following provisions apply in accordance with the insurable interest of the loss payee:Loss Payee Description of Property:Any Covered Property in which a loss payee,creditor or lender holds an interest,including any person or organization you have entered a contract with for the sale of Covered Property. INSURED Page 4 of 6 DocuSign Envelope ID: B6ED7FF2-1419-4CB8-8F47-68C8179C1C0E