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CONTRACT ADDENDUM BETWEEN COUNTY OF ORANGE AND
ORANGE COUNTY ANIMAL PROTECTION SOCIETY
FOR ANIMAL SHELTER OPERATIONS
This CONTRACT ADDENDUM is by and between the County of Orange, North
Carolina, a body politic and corporate ("County"), and the Animal Protection Society of
Orange County, Inc., a North Carolina nonprofit corporation ("Society");
WITNESSETH:
WHEREAS, County contracted with the Society in fiscal year 2002-2003 for the
operation of the Orange County Animal Shelter; and
WHEREAS, County desires to continue to contract with Society, and
Society desires to continue to contract with County, for the operation and maintenance of
the Orange County Animal Shelter (hereafter shelter); and
WHEREAS, the County and the Society are jointly engaged in an
assessment of the operation of the Orange County Animal Shelter and Orange County
Animal Control by the Humane Society of the United States; and
WHEREAS, the results of that assessment will not be available_ until
August of 2003;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, County and Society agree as follows:
1. Purpose. This Contract Addendum is to provide for the continued management
and operation of the shelter by Society.
2. Responsibilities of Society. Society shall continue to manage the shelter and shall
be responsible for operating the shelter for the period July 1, 2003-December 31,
2003 with alt of the responsibilities as outlined in the contract in effect for the
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period July 1, 2002 through June 30, 2003 between the Society and the County.
In addition to those provisions, 2. A.- O., the Society agrees to:
i. Mutually determine with the County any interim measures
that will be instituted that are recommended by Humane Society of the
United States, Inc. prior to consideration of the final report in
August/September 2003. The timeframe for instituting any interim measures
is to be mutally determined by the Society and the County.
3. County Responsibilities, County shall continue to provide an appropriation in the
amount of $214,409 to be paid in equal monthly installments to the Society to
manage and operate the shelter for the time period July 1, 2003 through
December 31, 2003; and shall continue to carry out responsibilities as outlined in
the contract in effect for the period July 1, 2002 through June 30, 2003 between
the Society and the County. In addition to those provisions, 3. A.- E., the County
agrees to:
i. Mutually determine with the Society any interim measures
that will be instituted that are recommended by Humane
Society of the United States, Inc. prior to consideration of the
final report in August/September 2003. The timeframe for
instituting any interim measures is to be mutally determined
by the Society and the County.
4. Term. Termination and Renewal. This addendum to the contract is for the period
July 1, 2003 through December 31, 2003. This Contract may be terminated on
ninety (90) days written notice by either party. The obligations of County and
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Society contained in this Contract are all deemed covenants. A breach of any
covenant in this Contract or in any other document incorporated by reference into
this Contract shall make this Contract immediately terminable at the option of the
non-breaching party. In the event this Contract is terminated for breach of
Contract, Society will be allowed a reasonable time, not to exceed thirty (30) days
from the date the termination is to be effective, to remove its property from the
shelter. This Contract may be renewed for the remaining six months of the fiscal
year, January 1, 2004 through June 30, 2004 by action of the Board of Directors
of Society and the Board of Commissioners of County. Society and County shall
provide the other with written notice of intention to renew or terminate this
Contract for the final six months of the fiscal year no later than October 1, 2003.
If either party provides written intention to terminate, a mutually agreed upon
schedule of termination of operations and removal of property will be developed
and approved by the Board.of the Society and the Board of Commissioners of
County.
5. Liability. Society will indemnify, save and hold harmless County, against any
and all liability up to $500,000 which might arise or accrue by reason of the act or
failure to act of any and all Society's officers, agents, employees, members,
representatives, volunteers or assigns. Society will carry a comprehensive general
liability insurance policy with limits for each occurrence of $500,000 covering the
operation of the shelter and the actions of Society, its officers, agents, employees,
members, representatives, volunteers or assigns in the operation of the shelter.
County shall be a designated insured under the policy. Society shall provide
County with a certificate of coverage from the insurance provider. County will be
provided at least thirty (30) days written notice of cancellation of the policy. The
certificate of coverage shall so provide County with a copy of the policy.
IN TESTIMONY WHEREOF, COUNTY OF ORANGE has caused this instrument to be
signed in its name by its duly authorized officers and its seal to be affixed by authority of
its Board of Commissioners and ANIMAL PROTECTION SOCIETY OF ORANGE
COUNTY, INC. has caused this instrument to be signed in its name by its duly
authorized officers and its seal to be affixed by authority of its Board of Directors the day
and year recited above.
FOR AND ON BEHALF OF
ORANGE COUNTY HEALTH .DEPARTMENT
Rosemary L. Summers,
Health Director
Date:
FOR AND ON BEHALF OF COUNTY
OF ORANGE:
Margaret Brown, Chair
Orange County Board of County Commissioners
Date:
"This instrument has been preaudited in the manner
required by the Local Government Budget and Fiscal
Control Act."
FOR AND ON BEHALF OF
ANIMAL PROTECTION
SOCIETY OF ORANGE
COUNTY
Pat Beyle,
President
Date:
Kenneth Chavious
Finance Director
Date:
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ORANGE COUNTY
HEALTH DEPARTMENT
Rosemary L. Summers,
MPH, DrPH
Health Director
Richard E. Whiffed Human
Services Center
300 West Tryon Street
Post Office Box 8181
Hillsborough, NC 27278
Phone: (919) 245-2411
Fax: (919) 644-3007
www. m.oranoe. nc us/hea/bh
Animal Control Services
Central Administrative
Services
Dental Health Services
Environmental Health
Services
Health Promotion and
Education Services
Personal Health Services
300 West Tryon Street
Hillsborough, NC 27278
PH: (919) 245-2411
FAX: (919) 644-3007
To: John Link, County Manager
From: Rosemary Summers
Re: HSUS Interim Follow-up
Date: June 2, 2003
Cc: Gwen Harvey
Donna Dean
Pam Jones
John Sauls
Wilbert McAdoo
This memo is to provide follow-up on the immediate action list identified by
HSUS.
• As it turns out, the primary concern of HSUS was whether the shelter
had posted the appropriate MSDS sheets in a central location where all
staff could have access to them. John Sauls has visually confirmed that
the sheets are in a binder and present in the shelter and that staff knows
where they are. Ms. Garrett and I are scheduled for the walk through on
June 13 to identify any other concerns that might be apparent. The
move back to Whiffed was protracted and this was the primary cause of
the delay in getting this accomplished.
• On May 14 there was a meeting and walk-through at the shelter by
engineering consultants and others. Please see the attached memo from
John Sauls providing details of that meeting. Mr. McAdoo has sent staff
to the shelter to examine each of the exhaust fans. There were fourteen
exhaust fans in total, public works staff have repaired or replaced seven
fans, ordered parts for the other two and instituted a more frequent filter
change for all of the units. Ms. Walters reports that airflow and odor
control are much improved. Mr. McAdoo will let us know when the
final two are repaired.
• John Sauls has held meetings with Information Services staff and the
shelter to determine the requirements for loading and making the
Chameleon software functional at the shelter so that it will interact with
the county seamlessly. A plan is currently being formulated to ensure
that this happens as soon as possible. Meanwhile, Chameleon support
has also been contacted and a requisition for training services has been
processed as well. The dates will be scheduled as soon as the
Information Services staff have completed their portion of hardware and
software installation.
Please feel free to call if you have any other questions.
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ORANGE COUNTY
HEALTH DEPARTMENT
Rosemary L Summers,
MPH, DrPH
Health Director
Richard E. Whiffed Human
services Center
300 West Tryon Street
Post Office Box 8181
Hillsborough, NC 27278
Phone: (919) 245-2411
Fax:(919) 644-3007
www.m.oranoe, n~ us/health
Animal Control Services
Central Administrative
Services
Dental Health Services
ivironmental Health Services
Health Promotion and
Education Services
Personal Health Services
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304 Revere Road ~
POBox8181 °~
Hillsborough, NC 27278 ~
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Phone: (919) 245-2075
FAX: (919)644-3308 E
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Memo
To: Rosemary Summers, Health Director
From: John Sauls, Animal Control Director
Date: May 15, 2003
Subject: Meeting at Animal Shelter to Survey HVAC Systems and Develop
Action Plan to Bring Air Exchange Characteristics to
Recommended Standards. (May 14, 2003, 10:45 to Noon)
Present at the meeting were Wilbert McAdoo, Public Works Director; Ron
Holdway, Environmental Health Director; Steve Kaufinan, P.E., President of
RN&M Consulting Engineers; Laura Walters, Animal Shelter Director; Nicole
Carper, Shelter Manager; and John Sauls, Animal Control Director.
We began with a general discussion about the nature of the problem and the
history of the building, followed by a tour of the building to view every room
and all the intake and heat/ac output vents and exhaust vents and fans.
Wilbert McAdoo proposed the following action plan to be started as we were
meeting:
• Wilbert will get his people on the job immediately. Their
assignments are to check the operation of every exhaust fan unit as
much as possible without a schematic. 'They are to attempt to
make every non- working unit operational wherever that can
safely be done.
• Replace all filters as needed.
• Check all heat and ac units for proper operation.
We discussed where we might find existing HVAC plans or schematics used by
the contractors who installed the systems. We agreed on where we might find
them and who would inquire at each location. The engineer understands his
mission is to effect a HVAC and air exchange system that will meet the
recommended standards (10-12 air exchanges per hour and no air exhausted
from one room into another) regardless of how much or how little he is able to
work with the existing systems.
After the meeting I discovered the names of all the companies involved in the
Animal Shelter Expansion Project completed in 1991, including the mechanical
contractor. I forwarded this information to Mr. McAdoo today. This should
facilitate the engineer's ability to understand the systems now in place, thereby
facilitating the whole project.
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