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HomeMy WebLinkAbout2015-434-E Animal Services - NC Claws for wildlife calls & rehab and staff trainings - up to $10,000 DocuSign Envelope ID: C8036DOA-C6DC-4E27-A89E-A74AO5EFFAF5 [Departmental Use Only] TITLE: Claws, Inc. FY: 2015-16 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, 2015, through June 30, 2016, unless terminated sooner as provided herein, and then renewable for a year Duly 1, 2016 through June 30, 2017) 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 information includes identification,potential dangers,methods to encourage the animal to relocate,how to discourage pet/wildlife interactions, etc. DocuSign Envelope ID: C8036DOA-C6DC-4E27-A89E-A74A05EFFAF5 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 naive 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 2 DocuSign Envelope ID: C8036DOA-C6DC-4E27-A89E-A74A05EFFAF5 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. 3 DocuSign Envelope ID: C8036DOA-C6DC-4E27-A89E-A74A05EFFAF5 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 2015-16 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"), 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 4 DocuSign Envelope ID: C8036DOA-C6DC-4E27-A89E-A74AO5EFFAF5 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 may 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; 5 DocuSign Envelope ID: C8036DOA-C6DC-4E27-A89E-A74A05EFFAF5 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 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: 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 6 DocuSign Envelope ID: C8036DOA-C6DC-4E27-A89E-A74A05EFFAF5 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, 7 DocuSign Envelope ID: C8036DOA-C6DC-4E27-A89E-A74AO5EFFAF5 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 behalf ofCLAWS, Inc. DocuSigned by: E946D232728B495... Kindra Mammone,Executive Director Date For and on behalf of Orange County Government DocuSigned by: 063-r 59�B�55 ... Bonnie Hammersley, County Manager Date Approved as to btaklddcvntent r6it Al.a 6ff6 Robert A. Marotto,Director,Animal Services Date 8 DocuSign Envelope ID: C8036DOA-C6DC-4E27-A89E-A74A05EFFAF5 This instrument has been pre-audited in the manner required by the Local ,Geivenvimut Budget and Fiscal Control Act L21M'tL to+bvu ��EC2.CE&um Paul Laughton, CFO Date 77 d,,s to form and legal sufficiency '1�' Annette M. Moore, Staff Attorney Date 9