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Home My WebLink AboutAgenda - 09-02-2003-8jORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 2, 2003 Action Agenda Item No. ~_ SUBJECT: Contract Extension with the APS for Operation of the Orange County Animal Shelter DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: APS Contract Addendum John Link, County Manager, ext 2300 Gwen Harvey, Asst. Cty. Mananger, ext 2307 Rosemary Summers, Health, ext 2411 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To authorize continuation of the current contract with the Animal Protection Society (APS) for operation of the Orange County Animal Shelter until such time as the Board of County Commissioners elects otherwise, acknowledging that this action shall extend the subject contract through, at minimum, October 31, 2003. 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. The final HSUS report was presented at a joint meeting of the Board of Commissioners, the Board of Health, and the APS Board on August 28. Those boards also received a preliminary report from County staff on related managerial, operational, and capital issues, including the possible assumption of shelter operations by the County at a future date. As expected, a number of concerns and considerations have been raised by the two reports and sufficient time is required for a thorough review and response by County staff in cooperation with the various stakeholders. County staff will be returning to the BOCC with an initial compilation and analysis of both reports and a suggested timeline for decision making at the BOCC meeting on September 16, with further modifications and/or additions assumed likely following the public hearing to be held on September 18. In authorizing the first contract extension, the BOCC emphasized the importance of a contract being in place with APS until such time as a decision is made otherwise, indicating no precipitous action and not until a full and public process with APS as a part had been 2 completed. Therefore, the County Manager is recommending that an extension to the current contract be approved to allow the time necessary for subsequent discussion of the findings, recommendations, and implications contained in both reports, and the referral of final recommendations to the BOCC to occur in a careful and deliberative manner. FINANCIAL IMPACT: Continued funding for afull-year (12 month) APS contract was set-aside (for payment as authorized by the BOCC) in the current County operating budget. RECOMMENDATION(S): The Manager recommends that the Board: 1) Adopt a motion to authorize continuation of the current contract with the Animal Protection Society (APS) for operation of the Orange County Animal Shelter until such time as the Board of County Commissioners elects otherwise, acknowledging that this action shall extend the subject contract through, at minimum, October 31, 2003; 2) Authorize the County Manager to provide written notice to APS of the renewal of the contract with APS as provided in the contract addendum until further action by the Board. PLEASE ACCEPT AS ORIGINAL SIGNATURES 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 ofSociety. 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 3 Page 1 of 4 4 provided for below, with all of the responsibilities imposed on Society in Paragraph 2 of the contract in effect for the period July I, 2(102 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 1, 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 measwes 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 5 contained in this Contract are all deemed covenants. A breach of any covenant m 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. Liabilit 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 6 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 L~~~ Rosemary L. S ers, Health Director Date: FOR AND ON BEHALF OF COUNTY OF O NGE: Margaret Br 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: Z- z.°a~ FOR .AND ON BEHALF OF ANIMAL PROTECTION SOCIETY OF ORANGE COUNTY .. Pat Beyle, President Date: / - ~ ~-C~~ Page 4 of 4