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HomeMy WebLinkAbout2020-853-E Animal Svc - A Greater Good dba Cat Pawsitive Pro DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D [Departmental Use Only] TITLE Cat Pawsitive Pro FY 20-21 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 19th day of October, 2020, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and GreaterGood.org and the Cat Pawsitive Pro Participating Organization , (hereinafter, the "Provider"). WITNESSETH: That the County and Provider,for the consideration herein named,do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type ofproject): The Jackson Galaxy Project's Cat Pawsitive Pro is an in-depth version of Cat Pawsitive's mojo-enhancing, positive-reinforcement clicker training initiative that enriches day-to-day life for cats in shelters,builds new skills for cats as well as shelter staff and volunteers,promotes the human-cat bond, and helps improve adoptability. This program focuses on behavior modification to help cats known to be least adoptable. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards Revised 11/19 1 DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications,or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the basic services to be provided, should any documents be referenced in this Agreement,the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Provide services to the department in accordance with the "Cat Pawsitive Pro Participation Agreement" which is attached as "Exhibit A" pages 1-5 and is hereby incorportated by reference. 4. Duration of Services a. Term. The term of this Agreement shall be from 01/04/2021 to 05/14/2021. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. Revised 11/19 2 DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime,as necessary,to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be 01/04/2021. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County)performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Zero Dollars ($0). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement,County may,without fault or penalty,withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Tian Schifano) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. Revised 11/19 3 DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or 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 provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven(7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. Revised 11/19 4 DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. 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. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. 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 state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy(each policy is incorporated herein by reference and may be viewed at http://www.oran eg counL)nc. og v/departments/purchasing division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations,representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. Revised 11/19 5 DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents,items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement,then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Si ng atures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention:Tiani Schifano GreaterGood.Org P.O. Box 8181 600 University Street Suite 1000 Hillsborough,NC 27278 Seattle, WA, 98101 [SIGNATURE PAGE TO FOLLOW] Revised 11/19 6 DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: DocuSigned by: By: F�ocuSigned by: I'� L54V bvuw#- N-a�m ls(" By: /l/' Bonnie ainmersley, County Manager Liz Baker, CEO Printed Name and Title Revised 11/19 7 DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: GreaterGood.org Party/Vendor Contact Person: Christie Rogero Contact Phone: 267-259- 3058 Party/Vendor Address: 600 University Street Suite City Seattle State: WA Zip: 98101 Department: Animal Services Amount: 0 Purpose: Cat Enrichment Program Budget Code(s):N/A Vendor#N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No® Contract Type: (Check one)New ® Renewal ❑ Amendment ❑ Effective Date 01/04/2021 Approved by Board Yes❑Nor-1 Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: DocuSigned by: �jbl� �LAVb{fb 10/22/2020 Department Director's Signature Date: Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: DocuSignetl by: Office of the Risk Management Office>�Us& CbVUt.l,{�b Date:10/28/2020 7FDCF9176800498... Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Do"c"S'igned by: Office of the Chief Financial Officer[z rod �"`" "` Date:11/3/2020 7D4E5181ACC1409_. Legal Services This agreement is approved as to legal form and sufficiency: DocuSignetl by: Qt M � sca 11/3/2020 Office of the County Attorney Date: Oi9AIIf75Z'"CQFA ... Clerk to the Board Received for record retention: All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 11/19 8 DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D r Xhlblt A GRIUR GOOD NARIiIES This 2021 CAT PAWSITIVE PRO PARTICIPATION AGREEMENT("Agreement"), effective as of the most recent date shown below as executed, is entered into by and between GreaterGood.org ("GGO") and the Cat Pawsitive Pro Participating Organization ("Organization") identified below.The Parties are entering into this Agreement to set forth expectations for participation by the Organization in GGO's Jackson Galaxy Project(JGP) Cat Pawsitive Pro ("CPP")Training Program. Agreement Contact Information for The Jackson Galaxy Project, a Signature Program of GreaterGood.org: Christie Rogero, Program Manager,The Jackson Galaxy Project Contact E-mail: christierogero@greatergood.org 2021 Cat Pawsitive Pro Program Activity Dates: January 4, 2021 through May 14, 2021 (with monthly data collection through April 30, 2022) Cat Pawsitive Pro is an approximately 4-month training program, plus time for data collection/submission. • Pre-program training (for Team Leaders only) begins on January 4, 2021. (Some additional pre-program activity, such as setting up weekly seminar dates and participating in interviews with JGP writers) will take place in December. • The full team will begin training on January 19tn,with a CPP kick-off meeting during the week of February V. o Where we can and do continue to operate, it is GreaterGood.org's position and recommendation that all our program recipients and third-party associates follow federal and local state health authorities'directives concerning personal and group safety during the Covid-19 pandemic.As individual states impose, change, or end specific requirements regarding such things as social distancing, self-isolation, reporting, etc., please comply with all applicable directions from the relevant authorities. • The hands-on portion of the program ends on April 30tn • Data from the semester will be due on May 14tn • Data collection continues monthly for one year after the end of the program. Grants or Products Provided to Organization by GGO(including but not limited to): The JGP Cat Pawsitive Pro training program webinars and training modules (accessed online via the Program's Learning Management System and other cloud platforms); exclusive Cat Pawsitive Pro training tools; weekly online training seminars with an assigned Cat Pawsitive Pro Trainer-Mentor; personalized team guidance from the Trainer-Mentor; access to private, Trainer-Mentor-moderated Facebook page during program; exclusive JGP training content and tools; publicity for Organization (via media releases, and The JGP, GGO, and Jackson Galaxy websites, and social media) related to participation in program; access to analyzed Organization data related to the program. Program Expectations: Organization shall: ■ Ensure participation of appropriate team members in all aspects of the Cat Pawsitive Pro program, including, but not limited to: webinars, weekly seminars,training material review,team meetings, hands-on training of cats, recording and submission of data,taking photos/videos of cats as required, and taking adoption photos. 1 DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D Insure iracKing ana suomission or aii requirea program data for cats and people participating in the Cat Pawsitive Pro program. ■ Data will be collected by various methods throughout the program, including: Google Forms, Survey Monkey,JGP behavior training journals, and a Master Cat Data Workbook(Microsoft Excel format). ■ Completed Master Cat Data Workbook and training journals for the semester will be due May 14, 2021. ■ Ensure monthly completion of all required GGO follow-up reports and impact surveys regarding continued use of any form of positive reinforcement clicker training for one year following completion of program (through April 30, 2022). ■ Items to be tracked include, but are not limited to, number of cats participating, number of adoptions, length of stay [LOS] of trained cats and regular cat population, time spent in training, number of sessions trained, return rate of trained cats and regular cat population, number of volunteers/staff participating. ■ Ensure that Cat Pawsitive Pro Team Leaders and as many Cat Pawsitive Pro team members as possible participate in weekly training seminars (conducted via Zoom video conference)with JGP Trainer-Mentors. These seminars include weekly lessons and time for Q&A. ■ The schedule for weekly seminars will be determined by Trainer-Mentors and Team Leaders to provide maximum team participation and minimal operational disruption.Weekly seminars will be recorded for viewing by those who cannot attend live. ■ Ensure that any Cat Pawsitive Pro-participating staff or volunteers who cannot attend the live weekly seminars have viewed the recorded seminars and have access to all associated training materials before engaging in related hands-on work with participating cats. ■ Ensure adequate staff and volunteer participation for the program. ■ Assign at least two staff members to serve as Cat Pawsitive Pro Team Leaders. When a team is primarily made up of volunteers,JGP also encourages and highly recommends making at least a few additional staff members available to train cats a few times a week. Team Leaders should be assigned by November 13'and their names/contact information provided to GGO via Foundant. ■ Assign or recruit enough staff and/or volunteers to provide each participating cat with his/her recommended training time. (Trainer-Mentors will give guidance about recommended training time for each cat based on that cat's needs.) ■ Training session time for each cat is typically up to 20-30 minutes per cat,4-5 days per week,during the hands-on training period (approximately 13 weeks). ■ Complete Cat Pawsitive Pro training assignments by deadlines as set forth by JGP Trainer-Mentors. ■ Keep written (hardcopy)training session behavior journals for each cat, with notes on each training session, and submit scanned journals to GGO via online platform. (Journals and online platforms will be provided by JGP.) ■ Have at least one computer with a webcam and microphone/speakers ■ Webinars and weekly video seminars will require the use of at least one computer that has a webcam, microphone and speakers. ■ While JGP encourages participation as a group in webinars and weekly seminars,volunteers and staff will also be able to participate live from their home computers. ■ With guidance from JGP Trainer-Mentors, ensure selection of appropriate cats for training during the program. (If a participating cat is adopted during the course of the program, Organization will select another appropriate cat to be trained.)Trainer-Mentors will also assist in determining the optimal number of cats for participation. 2 DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D • Insure i earn Leaaers ana ieam members nave access to participating cats. ■ Please note that for Cat Pawsitive Pro to be successful, participating volunteers and staff must be able to have access to cats for training at flexible times that allow the optimal number of volunteers to work with the optimal number of cats. Training of cats can occur during and/or outside of adoption hours,whenever your building is open to staff.Training does not need to be limited to times when the general public does not have access to the building. ■ Provide a Cat Pawsitive Pro space in the shelter. ■ This is a small space in the shelter where staff/volunteers can securely store Cat Pawsitive Pro supplies and post updates on progress and adoption status of program cats.This can be as simple as providing a storage bin and a white board i n the volunteer sign-in area, in a break room, in a storage area... anywhere that team members can go before and after every training session to pick up supplies,fill out and store behavior journals, and stay in the loop with how things are going with each cat. ■ Provide adopters with designated GGO-created handouts and giveaways related to Cat Pawsitive Pro. ■ Commit to social media participation ■ Organization should be able to promote on a regular basis their participation in Cat Pawsitive Pro on their social media network. Organization shall tag The JGP,GGO and all designated program sponsors(including, but not limited to, Petco Foundation) in social media posts. • Organization must ensure that all postings and content comply with the terms of the GGO Grant of License and any other controlling contractual obligations. ■ Cat Pawsitive Pro team members are also invited and highly encouraged to participate in the private Facebook group that The JGP will have set up for the 2021 Cat Pawsitive Pro class. ■ Team Leaders will maintain an up-to-date list of the names, positions,e-mail addresses and Facebook names/handles of Team Members to facilitate participation in the private Facebook group and to enable sharing of important program information directly with Team Members. ■ Provide GGO and program sponsors with high-resolution photos and videos, any or all of which may be shared with the public.This shall include: ■ Photos of Cat Pawsitive Pro Team Members(such as posed group photos, posed photos of Team Members with cats, etc.), and photos and videos of Cat Pawsitive Pro Team Members demonstrating training in action,as requested by GGO. ■ Photos and videos of cats demonstrating trained behaviors. ■ Short videos of Cat Pawsitive Pro Team Members thanking program sponsors(including, but not limited to, Petco Foundation). ■ Adoption-day/transfer-day photos.The JGP actively promotes photos of any adopted/transferred CPP cats. Ideal photos will show the adopters with the cat and with a Cat Pawsitive Pro adoption sign (which will be provided by JGP). All staff and volunteers at the shelter should be made aware of this important aspect of the program. • Team Leaders shall promptly notify GGO of all adoptions or transfers so that they can be properly promoted. Details on how Team Leaders will submit photos will be provided during training. ■ Short videos as well as photos and brief descriptions of each stage of a Cat Pawsitive Pro cat's program participation: before training begins,as training is happening, as behaviors are mastered, and as each cat is adopted/transferred (if applicable). 3 DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D 3nUr L uaI III Fig aernUnxrauun viaeUs earn week, highlighting the training being done and progress being made with different cats.These videos will enable enhanced guidance from Trainer-Mentors,and will give all participants in the class the opportunity to learn from what other shelters are doing. ■ Testimonial videos from Cat Pawsitive Pro participants at the end of the program, if requested. IN Participate in Media/PR efforts IN If requested, make available to GGO writers appropriate Organization staff and CPP Team Members to be interviewed and/or photographed for articles about the Cat Pawsitive Pro program at the Organization. (Typical interviewees are the Executive Director,Shelter Manager,CPP Team Leaders and some CPP Team Members.) • Writers will begin contacting Organization's Cat Pawsitive Pro Team Leaders and PR/Media/Communications manager in December 2020 to begin work on articles. ■ Work with GGO to coordinate media releases and other content in the Organization's media market. ■ Share Cat Pawsitive Pro knowledge and experience with other organizations upon request. ■ Agree not to sell, barter, or present for refund any product donated via the Cat Pawsitive Pro program (this includes product donated by sponsors). Display provided Cat Pawsitive Pro signage and utilize branded kennel cards and adoption-related materials throughout shelter and other adoption/training locations. Be responsible for complying with its contractual obligations to GGO and any/all other contractual obligations Organization may hold and shall indemnify and hold harmless GGO for any acts or omissions of the Organization with respect to other contractual obligations so held. • Organization represents that all individuals appearing in any media made during, or otherwise provided to GGO and Cat Pawsitive Pro, have provided to the Organization a signed model release that incorporates the terms of this agreement and the GGO Grant of License Agreement by reference and attachment. Organization shall provide to GGO copies of any and all model releases, if so requested in writing. Organization also agrees to indemnify and hold harmless GGO with respect to any claims made by individuals shown in any media created, obtained or otherwise used in this program. GGO may use Organization's name, logos, pictures, photographs, or video and/or audio recordings of Organization's staff/volunteers on television, on radio, on the Internet, in e-mails, and in stories, news articles, advertisements, or other written or digital materials. Such uses may include education, advocacy, and fundraising. GGO does not have to notify the Organization of such use or provide the Organization with other consideration for such use.The Organization waives any rights of privacy and/or publicity it may have in connection with these uses. In the event Organization fails or refuses to meet the terms of this agreement or for other reasons, GGO reserves a Right of Cancellation. If elected, Cancellation will be by written notice from GGO to Organization and shall be effective the date of receipt. In the event of Cancellation, Organization will be responsible for the immediate return of all program supplies received from GGO and from sponsor(s), and Organization will be responsible for the shipping costs associated with the return of those supplies. ■ This Agreement shall not in any way constitute or create an employer/employee relationship between GGO and the Organization, its employees, agents, contractors and/or volunteers. ■ Organization, its employees, agents, contractors and/or volunteers acknowledge the risks associated with the program activities, including but not limited to, bites, scratches, zoonotic diseases, parasites, severe or possibly fatal allergic reactions, exposure to cleaning and disinfection products, and physical injuries associated with this program. Organization, its employees, agents, contractors and/or volunteers release and hold harmless GGO from 4 DocuSign Envelope ID: FE9FD2A2-0922-4339-A3DA-F13E442F554D aii actions, causes oT action, claims, iiamimes ana/or demands made, at any time and whether known or unknown, for injury, illness and/or death arising from or related to the activities associated with this program. ■ GreaterGood.org is not responsible for any damage to personal and/or facility property. Organization, its employees, agents, contractors and/or volunteers release and hold harmless GGO from all actions, causes of action, claims, liabilities and/or demands made, at any time and whether known or unknown, for any damage to property arising from or related to the activities associated with this program. ■ Organization represents and warrants that any and all necessary releases have obtained from all employees, agents, contractors and/or volunteers for participation in this program and that Organization indemnifies GGO against all actions, causes of action, claims, liabilities and/or demands made by others. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective and duly authorized representatives as of the date set forth below: FOR GREATERGOOD.ORG FOR ORGANIZATION Organization Name: Signature of Program Manager: Signature of Director of Organization: Name: Christie Rogero Name: Title: Program Manager Title: Date: Date: Please upload all pages of this signed agreement,the GGO Grant of License agreement,and the GGO Partner Participation Agreement to Foundant by October 23,2020. 5