HomeMy WebLinkAbout2012-379 Animal Services - Triangle Wildlife Rehabilitation Centerl to Provide Public Information, Rejibiliate wildlife staff training $10,000 TRIANGLE WILDLIFE REHABILITATION CLINIC
PERFORMANCE AGREEMENT FY 2012-13
This Agreement,made and entered into the_day of October 2012,by and between the County of Orange,a
political subdivision of the State of North Carolina,200 South Cameron Street,Hillsborough,North Carolina,
27278, ("County"),by and through the Orange County Department of Animal Services and Triangle Wildlife
Rehabilitation Clinic, Inc., a not-for-profit corporation, located at 1417 Seaton Road, Durham, NC 27713
("Provider").
WITNESSETH:
WHEREAS, it is in the interests of the County that said program be assisted by the County and thereby
enhance its availability to residents of the County,and said program addresses an important community human
services need,as identified by the Board of Commissioners;and
WHEREAS, 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 services to the County in
accordance with the terms of this Agreement.
NOW, THEREFORE,in consideration of the above and the mutual covenants and conditions hereafter set
forth,the County and Triangle Wildlife Rehabilitation Clinic,Inc.agree as follows:
1. Term of the Agreement. The term of this Agreement shall be a program year beginning July 1,2012
to June 30,2013.
2. Scope of Services. Provider shall provide the following services:
a. Public Information. Provider shall maintain a help and advice telephone and Internet connection
for residents of Orange County to assist in resolving issues relating to wildlife.
i. Provider will receive and respond to calls seeking information about rabies,and what
actions individuals should take with medical professionals and the health department to
protect both pets and humans.
ii. Provider will receive and respond to calls seeking information about wildlife they have
discovered near the home or yard,e.g.,deer fawn. This information includes
identification,potential dangers,methods to encourage the animal to relocate,how to
discourage pet/wildlife interactions,etc.
iii. Provider will receive and respond to calls seeking information on removal or trapping
of nuisance wildlife,and provide information on any laws governing trapping,as well as
possible dangers to both the relocated animal and those in area of relocation when
disease,parasites,viruses,or similar problematic issues are introduced to a naive
population.
iv. Provider will provide information to Orange County businesses seeking assistance with
an animal that has entered a building,has babies in awkward areas such as inside
equipment,or has otherwise created a problem for the business. Provider will provide
information on how to encourage a wild animal to voluntarily relocate or leave an area
and may refer the party in regard to removal of the animal.
v. Provider will receive calls and acts as a resource regarding disease outbreaks such as
West Nile virus,White-nose Syndrome,Salmonella spp.,and waterfowl botulism.
b. Receiving and Rehabilitation of Wildlife. Provider shall be available to all residents of Orange
County seven days a week,year-round to provide assistance with injured,orphaned,or ill wildlife.
i. Provider will accept and care for all Native avian species and non-venomous reptiles
from residents of Orange County as allowed by the State of North Carolina.
ii. Provider may refer mammals as needed to other qualified rehabilitators as allowed by
the State of North Carolina.
iii. During the fall and winter months,provider will maintain clean and suitable caging and
environment for each animal in house and a feeding schedule a maximum of nine(9)
hours per day,seven(7)days a week(approximately(5)months of the year)..
iv. Provider will provide the following forms of care(among others)to wildlife species as
needed
• Medication application and/or administration
• Wound cleaning and debridement
• Bandage and/or splint application and regular changing
• Laboratory equipment and diagnostic testing of animals received
• Physical therapy
• Appropriate housing for species,age,and medical/injury limitations
v. Provider will provide orphan care to wildlife species that includes the following.
• Infant formulas appropriate for species and age
• Appropriate housing and habitat for the species,stage of development,and
number in care
• Feeding schedule a maximum of 14 hours per day,7 days a week during spring
and summer months(approximately 7 months of the year)
• Introduction of natural foods when age-appropriate
• Outdoor pre-release conditioning,physical assessment,and muscle
development
c. Staff Training. Provider shall provide the following training to Orange County Animal Service
staff members:
i. Provider shall provide two different wildlife-related training sessions;
ii. Provider will provide training about how and when to refer wildlife calls that come in to
Animal Services in relation to periods of the greatest human-wildlife conflict;and
iii. Provider will provide training on how to temporarily receive and care for wildlife species that
will be transported to Provider for care e.g.,stress relief and housing requirements.
d. The Scope of Services may be different from the original application based on County
appropriation; however, any revisions or amendments to this Agreement must be approved in
writing by the County and attached to this Agreement.
e. The Provider shall be solely responsible for the means, methods, techniques, sequence, safety
program and procedures necessary to properly and fully complete the work set forth in the Scope
of Services.
3. Compensation.
a. The County agrees to reimburse the Provider up to a total amount of ten thousand dollars
($10,000)at the rates specified below for services satisfactorily performed in accord with this
Agreement. The County shall reimburse the Provider for the following services performed:
i. Public Information shall be reimbursed at a rate of$4.22 per/unit cost
ii. Receiving and rehabilitation of wildlife shall be reimbursed at a rate of $13.49
per/unit cost;and
iii. Staff Training shall be reimbursed at a rate of three hundred dollars ($300) per
training session.
b. The Provider shall be paid in four installments, contingent upon receipt of the quarterly
request for reimbursement and related supporting documentation. The first installment shall
be paid no later than October 30 of the Program year and after execution of this
Performance Agreement by both the County and the Provider; the remaining installments
shall be disbursed upon satisfactory completion of Paragraph 2, Scope of Work and the
Quarterly Report information included in Paragraph 4 below.
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c. Once Provider has satisfied its obligations as provided in (a) and (b) above, the Provider
shall make a request for reimbursement by invoicing the County.
d. The County shall make payment to the Provider within thirty (30) days after receipt of the
Quarterly Progress Report and request for reimbursement.
e. The County's obligation to make each payment is contingent upon receipt of Quarterly
Progress Reports and accounting of expenditures as detailed in the Scope of Services.
f. All funds reimbursed to Provider pursuant to this Agreement shall be for the provision of
services to persons residing in Orange County.
g. Should Provider fail to perform its duties under the terms of this Agreement, the County
may, without fault or penalty, withhold any payment associated with the work to be
performed until such time as said work is completed.
h. The County is not obligated to provide any other support to Provider in this or in
succeeding fiscal years.
4. Agency Reporting.
a. Provider will provide Orange County a quarterly report that includes a fiscal report, and
updates on Fiscal Year 2012-13 performance as provided in Scope of Services. Quarterly
Progress Report periods are:July 1 —September 30,October 1 —December 31;January 1 —
March 31 and April 1 -June 30. Quarterly reports are due by October 22,January 21,April
22 and July 15 of the program year.
b. Reports shall be forwarded to the Orange County Animal Services Department.
c. Provider agrees to allow the County to inspect its financial books and records which
document costs of those services and other records about the information it provides to the
public and the receiving and rehabilitating of wildlife during normal working hours upon
reasonable notice
d. Provider shall inform the County immediately if there are any changes in the permits under
which it operates from the Wildlife Resource Commission, United States Fish & Wildlife
Services and any other agency responsible for wildlife or/and their rehabilitation.
5. Termination.
a. In the event of any of the circumstances set forth below (hereinafter referred to as
"default"), the County may immediately terminate this Agreement,in whole or in part, and
from time to time.Notice of termination must be in writing, state the reason or reasons for
the termination,and specify the effective date of the termination:
i. In the event that Provider shall cease to exist as an organization or shall enter
bankruptcy proceedings,be declared insolvent,or liquidate all or substantially all of
its assets, or significantly reduce its services or accessibility to Orange County
residents during the term of this Agreement;or
ii. In the event that Provider shall fail to render a satisfactory accounting as provided
by section 4 above, the County may terminate this Agreement and Provider shall
return all payments already made to it by the County for services which have not
been provided or for which no satisfactory accounting has been rendered;or
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iii. In the event of any fraudulent representation by the Provider in an invoice or other
verification required to obtain payment under this Agreement or other dishonesty
on a material matter relating to the performance of services under this Agreement.
iv. Nonperformance,incomplete service or performance,or failure to satisfactorily
perform any part of the work identified in the Scope of Services or to comply with
any provision of this Agreement,as determined by the County in its sole discretion.
v. Failure to adhere to the terms of applicable county,state or federal laws,
regulations,or stated public policy.
b. In the event of default by the Provider,the county may elect to terminate this Agreement,in
whole or in part and/or require the Provider to repay the funds within seven (7) days from
written notice of default. The County may (but shall not be required to) grant the Provider
an opportunity to cure the default without termination of this Agreement. This clause shall
not be interpreted to limit the County's remedies in law or in equity.
c. Notwithstanding the foregoing, either party may terminate the agreement at any time
without penalty;provided that written notice of such termination is furnished to the other
parry at least 30 days prior to termination. In the event of such termination, any payment
due shall be prorated to the date of termination and any unused funds shall be returned to
the County within 10 days of termination.
d. Any termination of this Agreement for default under this section that is later deemed to be
unjustified shall be deemed a termination for convenience.
6. Insurance.
a. General Requirements. the Provider shall purchase and maintain,during the period of
performance of this Agreement,insurance:
i. Worker's Compensation. For protection from claims under workers'or workmen's
compensation acts;
ii. Comprehensive General Liability Insurance covering claims arising out of or
relating to bodily injury,including bodily injury,sickness,disease or death of any of
the Consultant's employees or any other person and to real and personal property
including loss of use resulting thereof;
b. Limits of Coverage: Minimum limits of insurance coverage shall be as follows:
INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE
• Worker's Compensation Limits for Coverage A-Statutory State
NC&Coverage B-Employers Liability
$250,000 each accident,disease policy limit and
disease each employee
• Commercial General $1,000,000 Each Occurrence
Liability $2,000,000 Aggregate
c. All insurance policies(with the exception of Worker's Compensation and Professional
Liability)required under this Agreement shall name the County as an additional insured
party and as a certificate holder. Evidence of such insurance and all correspondence shall be
sent to:
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Orange County Risk Manager
Post Office Box 8181
Hillsborough,NC 27278
d. Nothing in this section is intended to affect or abrogate the County's sovereign immunity
defenses.
7. Relationship of the Parties. Provider is an independent contractor of the County. Provider represents
that they have or will secure, at his own expense, all personnel required in performing the services
under this Agreement. Such personnel shall not be employees or have any contractual relationship
with the County. Triangle Wildlife Rehabilitation is permitted under federal and state law to
rehabilitate wildlife.
8. Compliance with all Laws. The Provider, at its sole expense, shall comply with all laws, ordinances,
orders and regulations of the federal, state or local governments, as well as their respective
departments, commissions, boards, and officers,which are in effect at the time of execution of this
Agreement or are adopted at any time following execution of this agreement.
9. Subcontract. The County and Provider deem the services provided under this Agreement to be
personal in nature and Provider may not subcontract any rights or duties under this Agreement to any
other party without prior written consent from the County.
10. Assignment. The Provider shall not assign this Agreement, including the rights to payment, to any
other party without the prior written consent of the County.
11. Indemnification. Provider agrees to defend, indemnify, and hold harmless the County, 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
willful misconduct of the Provider, 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 Provider to indemnify the County
to the extent permitted under North Carolina law. Nothing in this section is intended to affect or
abrogate the County's sovereign immunity defenses.
12. Non-Appropriation. This Agreement is subject to the availability of funds to purchase the specified
services and may be terminated at any time if such funds become unavailable.
13. Non-Discrimination. Provider agrees as part of consideration of the granting of funds by Orange
County the parties hereto for themselves,their agents, officials, employees and servants agree not to
discriminate in any manner of these basis of race, color, gender, national origin, age, handicap,
religion,sexual orientation,familial status or veterans status with reference to any activities carried out
by the grantee,no matter how remote. The parties hereto further agree in all respects to conform to
the provision and intent of Orange County Civil Rights Ordinance, as amended. This provision is
enforced by action for specific performance,injunctive relief,or other remedy as by law provided;this
provision shall be binding on the grantees, the successors and assigns of the parties hereto with
reference to the above subject manner.
14. Living Wage. Orange County is committed to providing its employees with a living wage and
encourages agencies it funds to pursue the same goal. The County's living wage is $10.97 per hour
(and may be increased for the fiscal year for this agreement). To the extent possible, Orange County
recommends that Triangle Wildlife Rehabilitation Clinic,Inc.provide a living wage to its employees.
15. Notice. The Parties hereto agree and understand that written notice,mailed or delivered, to the last
known address shall constitute sufficient notice to the County and the Provider. All notices required
and/or made pursuant to this Agreement to be given to the County and the Provides shall be in
writing and mailed to the party addressed as follows:
Orange County Animal Services Triangle Wildlife Rehabilitation Clinic,Inc.
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Director Executive Director
Post Office Box 8181 1417 Seaton Road,
Hillsborough,NC 27278 Durham,NC 27713
16. Entire Agreement. This Agreement, including any referenced attachments, constitutes the entire
Agreement between the parties and shall supersede,replace or nullify any and all prior Agreements of
understandings; written or oral, relating to the matters set forth herein, and any such prior
Agreements or understandings shall have no force or affect whatsoever on this Agreement. The
County and Provider have read this Agreement and agree to be bound by all of its terms,and further
agree that this Agreement constitutes the complete and exclusive statement of the Agreement
between the County and Provider.
17. Severability. All clauses found herein shall act independently of each other. If a clause is found to be
illegal or unenforceable, it shall have no effect on the other provisions of this Agreement. It is
understood by the parties hereto that if any part,term or provision of this Agreement is by the Courts
held to be illegal or in conflict with any laws of the State of North Carolina or the United States,the
validity of the remaining portions or provisions shall not be affected,and the rights and obligations of
the parties shall be construed and enforced as if the Agreement did not contain the particular part,
term or provision held to be invalid.
18. Governing Law. The laws of the State of North Carolina shall govern all aspects of this Agreement.
In the event that it is necessary for either party to initiate legal action regarding this Agreement,venue
shall he in Orange County,North Carolina. The parties hereby waive their right to trial by jury in any
action, proceeding or claim, arising out of this Agreement, which may be brought by either of the
parties.
IN WITNESS WHEREOF,the Orange County and the Provider have signed this Agreement,
effective on the last date this Agreement is signed by both parties as indicated by the dates set forth under
signatures below.
an behalf of Triangle Wildlife Rehabilitation Clinic,Inc.
amela Bayne, x utive ire for Date
For and on ehalf f County Government
Frank W./Clifton, o ty Manager Date
Approved as to technical content
;ew�J #- ✓K.o Io /Y/"r
Robert A.Marotto,Director Date
Animal Services Department
I ved as t o and legal suZ6ciency
te M.Moor ,Staff A rney Date
This instrument has been pre-audited in the manner required by the Local Government Budget and
Fiscal Control Act
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