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HomeMy WebLinkAbout1999 S Annual Contract Renewal between Animal Protection Society and Orange County for Animal Shelter Services NORTH CAROLINA CONTRACT ORANGE COUNTY This CONTRACT,made this the day of 21" Se tep mber, 1999, is by and between Orange County,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. This Contract is to provide for the management and operation of the shelter by Society. e 2 2. Responsibilities of Society. Society shall manage the shelter and shall be responsible for 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 adopted by Society. Society shall present its proposed personnel procedures to County for review and consideration by the Board of County Commissioners no later than May 15, 2000. Any changes to the personnel procedures of Society proposed by Society shall be presented to County for its consideration and approval. No such personnel procedures shall be implemented by Society without the approval of the Board of County Commissioners. B. Properly impound animals coming into its control. 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 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. Require citizens redeeming animals from the shelter to pay applicable reclamation and boarding fees established by County. Society may retain reclamation fees to help defray cost of shelter operations. 3 G. Have the shelter open for business at County approved times which permit the public to redeem animals during other than normal working hours. Society shall present a proposed schedule of shelter hours of operation to County for its review and approval. H. Maintain records on all animals received at the shelter including: a) admission source(from the public or from Animal Control) 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 County no later than fifteen (15) 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 fiscal expense and expenditure performance reports on a quarterly basis and in such detail as to permit evaluation and cost analysis of the contracted services. Society will advise the County Finance Officer how the allocation of direct and indirect expenses between shelter operations and other Society programs and functions is made. Quarterly reports for the quarter running July 1 through September 30 each year shall be transmitted to the Finance Officer no later than October 31; for the quarter October 1 through December 31,no later than January 31; for the quarter January 1 4 through March 31,no later than April 30; and for the quarter April 1 through June 30,no later than July 31. K. Permit access and inspection to all areas of the shelter by Animal Control personnel and other health and safety officials in pursuance of their duty. Specifics and standards relating to access shall be developed in the Procedures Manual described in Section 3.C. of this contract. 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. 3. County Responsibilities. In exchange for Society's services outlined herein above, County shall: A. Provide an annual appropriation to Society in an amount approved in the annual budget by the Board of County Commissioners. The amount of compensation to Society will be specified in a"Letter of Agreement" that will be considered an annual addendum to this Contract. The annual appropriation will be payable in twelve(12) equal monthly increments due the first day of each month. B. Provide a structure for the shelter and provide facility repair services. Such repairs will be performed by County'sPublic Works Department. 5 C. Review and approve procedures for operation of the shelter and fees to be collected. Such procedures shall be outlined in a Procedures Manual to be adopted by County and Society and, if necessary, augmented and revised from time to time. The Procedures Manual upon its adoption by County and Society shall be considered a part of this Contract. D. Audit Society's shelter financial records as part of County's annual budget process. County will provide Society with a copy of the official monthly Animal Control report not later than the 15th of each month. E. Cooperate with Society in promoting health, safety and rabies control. 4. Term, Termination and Renewal. This Contract is for the period July 1, 1999 through June 30, 2000. This Contract may be terminated on ninety(90)days 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 its property from the shelter. This Contract may be renewed annually for July 1 through June 30 fiscal years 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 January 1 of each renewal year. In the event Society or County fails to provide this written notice,the other party shall immediately following January 1 begin preparation for shelter operations by County or its designee effective July 1 of the year in which there is no renewal notice 6 by Society or County. All property of Society shall be removed and operations responsibility shall be transferred in its entirety on or before July I of the year of termination. 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 in a cancellation clause. Society shall provide County with a copy of the policy. IN TESTIMONY WHEREOF, ORANGE COUNTY 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. 7 ORANGE COUNTY,NORTH CAROLINA By: dit-L ) Yl Chair, Orange County Board of Commissioners ATTEST: By: Clerk, Orange Co ty Board of Commissioners ANIMAL PROTECTION SO ORANGE COUNTY, INC. By: &n n 0.- �&M n FX President ATTEST: gy; (SEAL) Secretary This instrument has been preaudited in the manner required by the Local Government Budget and fiscal Control Act. Finance Officer