HomeMy WebLinkAboutAgenda - 06-27-2002 - 8f ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 27, 2002
Action Agenda
Item No. S-f
SUBJECT: Contract Renewal with Animal Protection Society for Animal Shelter Services
DEPARTMENT: Health PUBLIC HEARING: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
Rosemary Summers, ext 2411
Contract
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider approving the renewal contract with the Animal Protection Society
(APS)for operating the Animal Shelter.
BACKGROUND: Orange County has contracted with the Animal Protection Society (APS)
since 1979 for operation of the County Animal Shelter located on Airport Road in Chapel Hill.
The Orange County Board of Health reviewed the existing APS contract and its FY 2002-03
funding request. There are no current changes to the APS Shelter Procedures Manual being
proposed.
The Board of Health reviewed the APS operational funding request of$430,185 for FY 2002-
2003. This included an increase of$10,027 over the current years funding of$420,158 and
was requested primarily to address personnel related expense increases. At the Board of
Health's request, $1,300 of this increase is earmarked for the purchase of additional rabies
vaccine so that adoptable animals can be vaccinated during the first few days of their shelter
stay rather than waiting until the actual adoption. The Board of Health recommended
operational funding at $430,185 for FY 2002-2003. The APS also requested $6,143 in capital
items for the shelter. The County Manager is recommending only one item, $3,893 for vinyl
flooring replacement, in order to be compliant with disease management in the shelter.
The County Manager's review resulted in a recommended funding level of$428,818 for the
operation of the shelter and $3,893 for replacement of the vinyl flooring.
As an additional note, the Board may remember plans to conduct a survey on customer
satisfaction regarding the animal shelter. With new leadership at APS, and with the
construction of a new shelter in the planning, a delay in the customer survey was proposed with
it being used as a planning tool for the new shelter.
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FINANCIAL IMPACT: The Managers recommendation of funding at $428,818 for Fiscal Year
2002-2003 will enable the APS to cover most of the increases in personnel costs; and the
$3,893 will allow for the vinyl flooring replacement in the shelter. These recommendations are
part of the recommended budget for the upcoming fiscal year. The cost of animal sheltering is
defrayed by the revenue generated by a number of programs that the Animal Protection Society
operates from the shelter. In Fiscal Year 2000-2001, approximately 16.8% of the budget was
generated through various program fee revenue sources and was utilized to defray the costs of
operating the animal shelter.
RECOMMENDATION(S): The Manager recommends that the Board approve the contract as
written with the APS, with the funding amount subject to approval of the FY 2002-2003 budget,
and authorize the Chair to sign.
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CONTRACT BETWEEN COUNTY OF ORANGE AND
ORANGE COUNTY ANIMAL PROTECTION SOCIETY
FOR ANIMAL SHELTER OPERATIONS
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:
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1. Purpose. This Contract is to provide for the management and operation of the
shelter by Society.
2. Res n o sibilities of Socie Society shall manage the shelter and shall be
responsible for operating the shelter in a safe sanitary, and
p p g ary, efficient way. It
shall be the duty of Society to:
A. Hire and supervise shelter personnel pursuant to County-approved procedures
adopted b Society.p y S c ety. 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 be presented to Coun ty for its
consideration and approval no later than March 1, 2003. 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 P rocedures
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.
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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.
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 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 Animal Control 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 and the Health Director 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 detail
the allocation of revenue by source and expenditures for operations and other
Society programs by each functional area. Quarterly reports for the quarter
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ending 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 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.
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. All proposals, reports, proposed budgets, maintenance requests, etc. shall be
submitted to the Health Director or his/her designee.
N. Any changes in any procedures of the type contained in the five sections of the
procedures manual should be submitted to the Health Director or his/her designee
for agreement and compliance with contract and budget considerations.
0. Society to submit an independent audit prior to annual contract and budget
review, at least every 7`s year.
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 annual
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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's Public Works Department.
C. Review and approve procedures for operation of the shelter and fees to lye
collected. Such procedures shall be outlined in a Procedures Manual that
shall be reviewed by the Board of Health annually at the time of contract
review. Revisions requested by the Board of Health shall be submitted to
the Board of County Commissioners for inclusion in the final Contract.
D. 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, 2002
through June 30, 2003. 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
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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 by Society or County. All property of Society shall be removed and
operations responsibility shall be transferred in its entirety on or before July 1 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 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
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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 FOR AND ON BEHALF OF
ORANGE COUNTY HEALTH DEPARTMENT ANIMAL PROTECTION
SOCIETY OF ORANGE
COUNTY
Rosemary L. Summers,
Health Director
Ann Hamner
Date: President
Date:
FOR AND ON BEHALF OF COUNTY
OF ORANGE:
Barry Jacobs, 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."
Kenneth Chavious
Finance Director
Date:
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