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HomeMy WebLinkAbout2003 S Manager - Interim Management and Operations Services Contract with the Animal Protection Society for the Orange County Animal Shelter' RETURN THIS COPY TO THE CLERK'S , OFFICE FOR THE PERMANENT AGENDA FILE CONTRACT BETWEEN COUNTY OF ORANGE AND ®~ ORANGE COUNTY ANIMAL PROTECTION SOCIETY 1d / q~al~3 FOR INTERIM MANAGEMENT AND OPERATIONS SERVICES FOR THE ORANGE COUNTY ANIMAL SHELTER This CONTRACT 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 has responsibilities under the laws of North Carolina and other directives to control dogs and other animals and to promote health, welfare and safety of humans and animals; and WHEREAS, the purpose of the Society, as stated in its corporate charter and bylaws, is the prevention of cruelty to animals and the relief of suffering among animals; the investigation of cruelty reports; the care of lost, homeless, mistreated or injured animals; the operation of an animal shelter, privately or under contract with public authorities; the establishment of an adoption system, for people seeking pets; public education for the humane treatment of animals; and other purposes set out in the corporate charter and as allowed by law; and WHEREAS, County has obligated itself, pursuant to its Animal Control Ordinance, to operate and maintain a County Animal Shelter ("the shelter"), either itself or by contract with another entity; and WHEREAS, County desires to contract with Society, and Society desires to contract with County, for the operation and maintenance of the shelter; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, County and Society agree as follows: 1. Purpose. Society acknowledges that the Board of County Commissioners is considering transitioning operations and management of the Shelter to a model of more direct County oversight and involvement at a projected date of July 1, 2004. This Contract is to provide for the management and operations of the shelter by Society during this interim period of evaluation. 2. Responsibilities of Society. Society shall manage the shelter pursuant to County Request for Proposal dated November 4, 2003 and the Society's response, which as'(1~, `.~ ~.~l~e~ek~q- incorporated by reference to this agreement, and shall be responsible for jypS -~ Page 1 of 7 I~ ~ operating the shelter in a safe, sanitary, humane, and efficient way. It shall be the duty of Society to: A. Hire and supervise shelter personnel pursuant to County-approved procedures. Society shall pay a living wage, as determined from time to time by the Board of County Commissioners. Any changes to the personnel procedures of Society proposed by Society shall first be presented to County for its consideration and approval.. No such personnel procedures shall be implemented by Society without the prior written approval of the Board of County Commissioners. ,The County Manager shall actively participate in the hiring of the Animal Shelter Director. Society personnel responsible for the hiring process shall provide adequate notice of meetings, interviews etc, such that the County Manager's calendar may be adjusted to ensure his involvement. B. Properly impound animals coming into its control, consistent with the recommendations of the Humane Society of the United States report dated August 28, 2003 to the extent practicable. C. It is the intention of the County and Society that only animals originating in Orange County will be impounded in the shelter. Specific operating procedures designed to carry out this intention shall be included in the Procedures Manual, which is hereby incorporated by reference in its entirety and more fully described in Section 3.C. of this contract. D. Be responsible for disposing of, as Society deems necessary, all animals brought to the shelter in compliance with applicable North Carolina law and local ordinances. E. Handle, care for and dispose of animals in accordance with applicable North Carolina law including the Animal Welfare Act, and local ordinances. F. Collect from citizens redeeming animals from the shelter, all applicable reclamation and boarding fees as established by County. G. Have the shelter open for business at County approved times, which permit the public to redeem animals during other than normal working hours. H. Maintain accurate and verifiable records on all animals received at the shelter including: a) admission source (from the public or from Animal Control) Page 2 of 7 b) animal identification (species, breed, etc.) c) disposition (reclamation, .adoption, euthanasia) status of animal (stray or surrender) d) length of stay Such records shall be summarized monthly and a copy of such summary provided to the County Manager and Animal Control no later than ten (10) days after the close of each calendar month. I. Comply with receipt and cash control procedures prescribed by County including pre-numbered, controlled receipts itemizing fees collected. Such receipts shall be made available for inspection by County Finance Officer at all reasonable times. J. Provide the County Finance Officer and the County Manager or his designate fiscal expense and expenditure performance reports on a monthly basis and in such detail as the County may deem necessary in order to evaluate the cost of contracted services. Society will ensure that revenues and expenses for the Shelter are clearly detailed and reported separately, by specific functional area, from all other programs or services operated or administered by the Society. K. Permit access and inspection to all areas of the shelter by authorized County personnel at any time in the pursuance of their duty. L. Add no new structure or modify the shelter facilities or the premise whereon the shelter facilities are located without the written approval of County. County may, in its sole and absolute discretion, approve or disapprove any such new structure or modification to the shelter facilities, subject at all times to limitations and restrictions imposed on the premises contained in the Special Use Permit effecting the premises. M. Submit all reports requested by the County to the County Manager or designate no later than the 10th of each month. Society also agrees to attend meetings of the County Commissioners, upon request by the County Manager, to present information contained in the reports as may be necessary. Building maintenance requests shall be submitted to the County Manager for appropriate delegation. Page 3 of 7 N. Submit any change in any procedure of the type contained in the five sections of the current procedures manual to the County Manager or designate for agreement and compliance with contract and budget considerations. P. Retain veterinarian(s) necessary to provide day-to-day care of animals at Shelter and to provide spay/neuter services for all animals adopted from Shelter. Revenues associated with adoptions, reclamations, evidence animal recovery fees shall be retained by Society to offset this expense. Q. To make all Animal Shelter records, with the exception of Shelter employee records that are protected by Law, available to any member of the public in accordance with Public Records Laws governing County. Society agrees to allow County access to employee records as may be necessary with reasonable notice by County to Society. R. To notify and consult with County Manager immediately should there be cause to issue a trespass warrant at the facility. The County Manager shall be responsible for the issuance of any trespass warrant. S. Submit an independent financial audit to County at conclusion of this interim agreement. 3. County Responsibilities: In exchange for Society's services outlined herein above, County shall: ,~ ~~ z A. Pay Society a sum of $44,470. wh s all include all services as outlined in the response to County's Request for Proposal dated November 4, 2004, including veterinarian services. County shall pay Society by the 1St of each month. B. Provide a structure for the shelter and provide facility repair services. Such repairs will be performed by County's Public Works Department or shall be assessed and contracted through Public Works C. Review and approve procedures for operation of the shelter and fees to be collected as detailed in the Procedures Manual, reviewed as part of the last regular contract renewal by the Orange County Board of Health on March 21, 2002. D. County will be responsible for utility costs associated with the Shelter operation (inclusive of gas, electric, water, and sewer.) Page 4 of 7 4. Term, Termination and Renewal This contract is for the period February 1, 2004 through June 30, 2004. This Contract may be terminated on sixty (60) day written notice by either party. The obligations of County and 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 from the Shelter, property identified as the property of Society by the asset list which shall be attached to the agreement as Exhibit A. 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. 6. Notice. Any notice given hereunder shall be deemed served immediately if hand-delivered in writing to an officer or other duly appointed representative of the party to whom the notice is directed. Notices shall also be deemed served ten (10) business days after transmittal by registered, certified, express or regular mail, or by overnight courier service to the business address identified in this Agreement. The County hereby designates its address as: County of Orange Attn: County Manager PO Box 8181 Hillsborough, NC 27278 Page 5 of 7 The Society hereby designates their address as: Animal Protection Society Attn: Shelter Director 1081 Airport Road , I Chapel Hill, NC 275 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 ANIMAL PROTECTION SOCIETY OF ORANGE COUNTY ,-`~~~ '` ~~ Pat Beyle, ident Attest: Secretary Date: FOR AND ON BEHALF OF COUNTY OF ORANGE: Barry J. Orange of County Commissioners "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." ~~ ~~~- Kenneth Chavious, Finance Director ~~ 17 a ~~Y 1` Attest: ~ ~~~ ' ~ ®`~~ ~at~it~ Donna S. Baker, Clerk to the Board ' / Date: O~ /9 ~~ ``t Date: /~/~ Page 6 of 7 STATE OF NORTH CAROLINA ORANGE COUNTY I, ~ %~ a Notary Public for said County and State, do hereby c ify that Donna S. Baker personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Barry Jacobs, Chair, sealed with its official seal, and attested by herself as its Clerk. Witness my hand and official seal, this the 7 day of -~~4'~i1.L~ ,2pQ,~ Notary Public My Commission expires: /~ ~!~-d~ STATE OF NORTH CAROLINA COUNTY OF ORANGE I, S E~ M~tT~.a, a Notary Public for said County and State, do hereby certify that ~~ ~tuE, personally appeared before me this day and acknowledged that he/she is the P~.z ~ n~T" of__ R-PS ~~- 6~ ww.rt-r , and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by -- as its Witness my hand and official seal this the ~~ day of , 200 C r w Notary Public My commission expires: ~-- ~ • ~ ~~- Page 7 of 7