Loading...
HomeMy WebLinkAboutAgenda - 06-17-2003-5aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 17, 2003 Action Agenda Item No. ~_ SUBJECT: Resolution to Extend Current Contract with APS for Operation of the Animal Shelter DEPARTMENT: Health PUBLIC HEARING: (YIN) No ATTACHMENT(S): Resolution Contract Extension Addendum Status Report on Interim Improvement INFORMATION CONTACT: Rosemary Summers, ext 2411 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider adoption of a resolution to extend the current contract with the Animal Protection Society (APS) for operating the Orange County 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 Board of Commissioners has contracted with the Humane Society of the United States (HSUS) to assess the operation of the animal shelter. Documentation was mailed to the HSUS in March and the site visit team conducted atwo-day site visit in April of 2003. The final report is expected to be presented to a joint meeting of the Board of Commissioners, the Board of Health, and the APS Board in late August/early September. It is expected that there will be a number of recommendations that may require further discussion on the part of the Boards involved and may affect some of the provisions in the current operating contract between the County and the APS for the operation of the Orange County Animal Shelter. Therefore, the Orange County Board of Health is recommending that an extension to the current contract be approved pending the receipt of the HSUS final report and the subsequent discussions regarding the implementation of recommendations contained in the report. The Board of Health reviewed the proposed contract extension (attached with changes/ additions in bold) at its regular May meeting. The extension is for the period July 1, 2003 - December 31, 2003 and holds the funding for that period at the same level as for the current fiscal year ($214, 409) for the six month period). The only content change, aside from the time extension, is to provide for the mutual determination of improvement measures at the shelter that can be implemented prior to receiving the final HSUS report. The extension also proposes to leave in place the current contract provisions. The contract extension will allow for the continued operation of the animal shelter and provide a reasonable time period in which the recommendations from the HSUS assessment can be considered. The APS Board reviewed and approved the contract extension at its June 9, 2003 regular meeting. FINANCIAL IMPACT: The recommendation of funding at $214,409 for the six-month period July 1, 2003 -December 31, 2003 is at the same level as the current year. This does not include the costs of implementing any recommendations and each recommendation will need to be carefully considered for its cost implications. RECOMMENDATION(S): The Manager recommends that the Board adopt the resolution to extend the contract as proposed with the APS, with the funding amount subject to approval of the FY 2003-2004 budget, and authorize the Chair to sign. 3 ORANGE COUNTY BOARD OF COMMISSIONERS Resolution to Extend the Contract for the Operation of the Orange County Animal Shelter with the Animal Protection Society of Orange County, Inc. June 17, 2003 WHEREAS, the County of Orange has elected through its Animal Control Ordinance to make sheltering services available in Orange County, and WHEREAS, the County has contracted with the Animal Protection Society, Inc. since 1979 for the operation of the County Animal Shelter located on Airport road in Chapel Hill, and WHEREAS, the County has contracted with the Humane Society of the United States for an assessment of animal sheltering and animal control in the county, and WHEREAS, the results and recommendations of the Humane Society of the United States' assessment conducted in March and April will not presented to the BOCC and Board of the APS until late August/early September, and WHEREAS, the recommendations may require negotiation between both parties and may result in significant changes to the current contracting arrangements, making it prudent to allow an extended timeframe, and WHEREAS, the County determines that it is in the best interests of the animals that require animal sheltering services and the residents of the county that such service be uninterrupted, NOW THEREFORE BE IT RESOLVED that the contract between the County of Orange and the Animal Protection Society of Orange County be renewed in its present form at the same rate of monthly reimbursement for a period of six months beginning July 1, 2003 through December 31, 2003 and as outlined in the Contract Addendum. Margaret Brown, Chair Orange County Board of Commissioners 4 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 all of the responsibilities as outlined in the contract in effect for the 5 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 6 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 FOR AND ON BEHALF OF ANIMAL PROTECTION SOCIETY OF ORANGE COUNTY Pat Beyle, Date: President 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." Kenneth Chavious Finance Director Date: H~7fh ~~~-~~~~~n~~~. 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/heialdi 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 vas 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 Whitted 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. 8 U°~~tY Hea7f'~ ~ ~ c 'O w o ~ 0 3 2 ti, Nulh Carding Pg61k Ngdih 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 co oranoe nC us/health Animal Control Services Central Administrative services Dental Health Services ivironmental Health Services Health Promotion and Education Services Personal Health Services U 304 Revere Road _ ~ P O Box 8181 chi Hillsborough, NC 27278 ~ ~ + co O Phone: (919)245-2075 ~ FAX: (919) 644-3308 E . _ 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, 1C1:45 to Noon) Present at the meeting were Wilbert McAdoo, Public Works Director; Ron Holdway, Environmental Health Director; Steve Kaufman, 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: 9 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.l'hey 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.