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6 <br />Revised June 2020 <br /> <br />b. For Veterinarian: Laureen Bartfield, DVM, P.O. Box 278, New Hill, NC <br />27652. <br /> <br />5. OSHA Compliance. Veterinarian controls the facilities where the Veterinarian and its <br />employees work. It is agreed Veterinarian is primarily responsible for compliance with the <br />Occupational Safety and Health Act (OSHA) and comparable state laws and regulations to <br />the extent those laws apply to the Veterinarian. <br /> <br />6. Workers Compensation. Laureen Bartfield, DVM is responsible for her own worker’s <br />compensation and the worker’s compensation of her employees. <br /> <br />7. Independent Contractor. The services which Veterinarian or any of employees of <br />Veterinarian shall render under this Agreement shall be as an independent contractor with <br />respect to Orange County. Nothing contained in this Agreement shall be construed to <br />create the relationship of principal and agent, or employer and employee, between <br />Veterinarian, her employees and Orange County. Both County and Veterinarian <br />acknowledge that Veterinarian is not an employee of the County for state or federal tax <br />purposes. Veterinarian shall retain the right to perform services for others during the term <br />of this Agreement. <br /> <br />8. Non Appropriation. Provider acknowledges that County is a governmental entity, and the <br />validity of this Agreement is based upon the availability of public funding under the <br />authority of its statutory mandate. In the event that public funds are unavailable and not <br />appropriated for the performance of County’s obligations under this Agreement, then this <br />Agreement shall automatically expire without penalty to County immediately upon written <br />notice to Provider of the unavailability and non-appropriation of public funds. It is <br />expressly agreed that County shall not activate this non-appropriation provision for its <br />convenience or to circumvent the requirements of this Agreement, but only as an <br />emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the <br />County’s statutory authority, mandate and/or mandated functions, by state and/or federal <br />legislative or regulatory action, which adversely affects County’s authority to continue its <br />obligations under this Agreement, then this Agreement shall automatically terminate <br />without penalty to County upon written notice to Provider of such limitation or change in <br />County’s legal authority. <br /> <br />9. Limitation and Assignment. The County and the Provider each bind themselves, their <br />successors, assigns and legal representatives to the terms of this Agreement. Neither the <br />County nor the Provider shall assign or transfer its interest in this Agreement without the <br />written consent of the other <br /> <br />10. Entire Agreement. This Agreement contains the entire understanding of the parties and <br />shall not be altered, amended or modified except by an agreement in writing executed by <br />the duly authorized officials of both parties. <br /> <br />DocuSign Envelope ID: 636718F8-BFB7-4B4B-A663-DC934D31AC05