HomeMy WebLinkAbout2014-420 Animal Services - CLAWS, Inc. for Public Information, Receiving and Rehabilitation of Wildlife $10,000 abj4-yaL)
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[Departmental Use Only]
TITLE: Claws, Inc.
FY: 2014-15
NORTH CAROLINA
CLAWS PERFORMANCE AGREEMENT
ORANGE COUNTY
This Agreement is made and entered by and between the County of Orange, a political
subdivision of the State of North Carolina, 200 South Cameron Street, Hillsborough, North
Carolina, 27278, and ("County"), by and through the Orange County Department of Animal
Services and CLAWS, Inc. ("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 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 Provider agree as follows:
1. Term of the Agreement. The term of this Agreement shall be from July 1, 2014,
through June 30, 2015, unless terminated sooner as provided herein, and then
renewable for a year Quly 1, 2015 through June 30, 2016) for an additional term
under the same terms and conditions upon prior written agreement by the Parties.
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 refer calls seeking information about rabies,
identifying what actions individuals should take with medical
professionals and the health department to protect both pets and
humans.
ii. Provider will refer calls involving possible human exposure to rabies to
the Orange County Health Department and calls involving the possible
exposure of an animal to rabies to Orange County Animal Services.
iii. Provider will receive and respond to calls seeking information about
wildlife they have discovered near the home or yard,e.g.,deer fawn.
This informati on includes identification,potential dangers,methods to
encourage the animal to relocate,how to discourage pet/wildlife
interactions, etc.
iv. 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 native population.
v. 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.
vi. 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 wildlife species from residents
of Orange County as allowed by the State of North Carolina.
ii. Provider may refer wildlife calls 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 of a maximum of nine (9) hours per day, seven (7) days a week
(approximately (5) months of the year).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
iv. 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 of 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
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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. Any revisions or amendments to this Agreement must be approved in writing by
the County and attached as an Exhibit 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 shall reimburse the Provider up to a total amount of Ten
Thousand Dollars ($10,000) for the term of the Agreement 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 $2.50 per/unit
cost
ii. Receiving and rehabilitation of wildlife shall be reimbursed at a rate
of$25.00 per/unit cost;and
iii. Staff Training shall be reimbursed at a rate of $300 per training
session.
b. The Provider shall be paid in four quarterly installments. Payment is
contingent upon receipt of the quarterly report and request for
reimbursement with related supporting documentation.
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. Payment shall be paid no later than thirty days after receipt of quarterly
report, request for reimbursement and satisfactory completion of Paragraph
2, Scope of Work and the Report information included in Paragraph 4 below.
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.
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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 2014-15 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. Quarterly Progress Reports are to be provided to the Orange County Animal
Services Director at the address provided in Subsection 15 below.
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'D, 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
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,
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
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 terminate the agreement at
any time without penalty;provided that written notice of such termination is
furnished to the other party 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. 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;
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b. Limits of Coverage: Minimum limits of insurance coverage shall be as
follows:
INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE
• Commercial General $500,000 Each Occurrence
Liability $1,000,000 Aggregate
c. All insurance policies (with the exception of Workers 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:
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. Provider 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
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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 $11.21 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 CLAWS, Inc.
Director Executive Director
Post Office Box 8181 1516 Jo Mac Rd.
Hillsborough,NC 27278 Chapel Hill,NC 27516
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,
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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. 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.
19. Compliance with Laws. 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 anti-discrimination laws. Pursuant to the terms of North Carolina
General Statute 153A-449(b) no county may enter into a contract with a contractor
unless the contractor and the contractor's subcontractors comply with the
requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.
Where applicable, failure to maintain compliance with the requirements of Article 2
of Chapter 64 of the General Statutes constitutes Provider's breach of this
Agreement. By executing this Agreement Provider affirms Provider is in compliance
with Article 2 of Chapter 64 of the North Carolina General Statutes.
20. 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 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.
For and on behalfofCLAWS,Inc.
I utV
Kindra Mammone,Executive Director Date
For and on behalfof Orange County Government
37/
/
Bonnie Hammersley, County Urnager Date
Approved as to technical content
/,
Robert A. Marotto,Director,Animal Services Date
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This instrument has been pre-audited m the manner required by the Local
Government Budget and Fiscal Control Act
A, �
Clarence G. Grier,Asst. County Manager/CFO Date
App d form and legal sufficiency
Ann e M. Aoore, Staff Attorney Date
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00/22/2014 0:28PM FAX 3363431000 JBC INSURANCE 00001/0001
CERTIFICATE OF LIABILITY INSURANCE D /003.
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE= DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endol'sement_ A statement on this certificate does not Confer rights to the
certificate holder in lieu of such endorsament s).
PRODUCER CO TACT Clint Chappell
,Tarmings Bryan-Chappell Inaurance Services NHONE (336)227-7458 FAQ a,(336)3x3-1000
PO Rox 1118 E.MAI 81iIItr(d j>,C12{6
INSURER(61 AFFORDING COVERAGE NAIL if G'
Burlington NC 2723.6
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INSURED
INSURER B; S
Claws Ina, I SURERC:
1516 Jo Mac Rd INSURER D:
INSURER 9: @
Chapel Hill NC 27516 , 91, UR p:
COVERAGES CERTIFICATE NUMBSR:CL149220087-4 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVI;FOR THr POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HBREIN IS SUBJECT TO ALL THE! TERMS,
EXCLUSIONS AND CONDITIDNS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
SR TYPO OF INSURANCE= oOL 9Ua POLICYF Policy EXP R
P CY NUMB DDIYY bmml LIMITa
GENERAL LIABILITY
EACH OCCURRENCE S 500,000
COMMERCIAL GENERAL LIABILITY DROMI Ea Data S 100,000
A CLAIMS-MADE �OCCUR 414465 1/5/2014 /5/2015 MED EXP Any one arson) S $1000
PERSONAL S ADV INJURY S 500,000
GENERAL AGGREGATE S 11000,000
CENL AGGREGATE LIMB APPLIES PER. PRODUCI S-CampIOF AGO III Included {
POLICY PR LOG g I
AUTOMOBILe LIABILITY OMaBINED SINGLE LIMB {
ANY AUTO
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AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOfLPARTNER/EXECUTIVE t---l'( F.L.EACH ACCIDENT
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OFFICERIMEMBER EXCLUDED? L J N/A
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If yes,deaCdha,mder E.L DISEASE-EA EMPLOYE S
DESCRIPTION OF OPERATIONS below E.L,DISEASE-POLICY LIMIT S
DESCRIPTION Of OPERATIONS/LOCATIONS i VEHICLES(Attach ACORD 104,Addlllanal It malka Schadnls,It mare space In rsquired)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE AROVS DESCRIED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Orange Country Animal Control ACCORDANCE WITH THE POLICY PROVISIONS.
1601 Eubanks Rd. AUTHQRrEEDREPRSSENTATNH
Chapel Hill, NC 27516
Clint Cha�ppall/AC <::a4_'
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I I ACORD 26(2010/05) 0 1988-2010 ACORD CORPORATION. All rights reserved,
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