HomeMy WebLinkAbout2003 S Manager - Contract Addendum Between County of Orange and Orange County Animal Protection Society for Animal Shelter OperationsManager3'+~~ ~~71 a~-~l~~
~~1
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 beginning on July 1, 2003
and ending on September 30, 2003, and on a month-to-month basis thereafter as
Page 1 of 4
provided for below, with all of the responsibilities imposed on Society in
Paragraph 2 of 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,
Society agrees to:
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 2003. The time-frame for instituting any interim measures
is to be mutually determined by the Society and the County.
3. County Responsibilities, County shall provide an appropriation in equal monthly
installments of $35,734.83 to Society to manage and operate the shelter for the
time period July I, 2003 through September 30, 2003, and on a month-to-month
basis thereafter as provided for below. County shall have the other
responsibilities imposed on it in Paragraph 3 of the contract in effect for the
period July 1, 2002 through June 30, 2003 between the Society and the County.
In addition the County agrees to:
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 2003. The time-frame for instituting any interim measures
is to be mutually 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 September 30, 2003. The obligations of County and Society
Page 2 of 4
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 termination is to be effective, to remove its property from the
shelter. This Contract may be renewed on a month-to-month basis 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 this Contract no later than fifteen (15) days prior to the end of the
preceding term of this Contract. If one of the parties does not provide written
notice of intention to renew, 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
Page 3 of 4
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. S ers,
Health Director
Date:
FOR AND ON BEHALF OF COUNTY
OF O NGE:
~~
Margaret Br w ,Chair
Orange Co Board of County Commissioners
Date: Z~2 ~
"This instrument has been preaudited in the manner
required by the Local Government Budget and Fiscal
Control Act."
~~~-~
_,
Kenneth Chavious
Finance Director
Date: 2- z°~'~
FOR AND ON BEHALF OF
ANIMAL PROTECTION
SOCIETY OF ORANGE
COUNTY
. ~;~!~~
Pat Beyle,
President
Date: ~~~-~
Page 4 of 4