Loading...
HomeMy WebLinkAboutAgenda - 06-06-2000-9bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 6, 2000 Action Agenda Item No. _ q-~ SUBJECT: Contract Between Animal Protection Society and Orange County for Animal Shelter DEPARTMENT: Health PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Contract Sections 11.25-11.28 of Shelter INFORMATION CONTACT: Rosemary Summers, ext 2411 Procedures Manual TELEPHONE NUMBERS: Hillsborough 732-5181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To contract with the Animal Protection Society (APS) of Orange County to provide sheltering services for animals. BACKGROUND: Orange County has contracted with the APS since 1979 for operation of the County Animal Shelter located on Airport Road in Chapel Hill. The Orange County Board of Health conducted an extensive review of the existing contract and funding request of the APS through the Board of Health Environmental Health and Animal Control Committee. The Committee met four times from January through April with representatives of the APS Board and staff. The County Attorney's office consulted throughout the process. As a part of this contract review, the entire APS Shelter Procedures Manual was reviewed and several changes and additions were recommended by the Committee to the APS Board. Through an iterative process, the APS Board made changes and those changes were also considered by the full Board of Health at its April Board meeting. In addition, the Finance Director was consulted regarding financial procedures, the previous report issued in 1993 by a previous task force was reviewed, and the funding request for the 2000-2001 fiscal year was thoroughly reviewed as well. Attached to this abstract are the recommended changes or additions to the current Shelter Procedures Manual (Sections 11.25 through 11.28 of the Manual). The changes include: ^ Section 11.25: Adoption of a potentially dangerous dog (Definition of High Risk Breeds) High risk breeds are listed by.breed and are considered high risk by national humane organizations as well. ^ Section 11.26: The Adoption Appeals Process This section lays out the specific steps ofi the appeals process if a client is turned down for the adoption of an animal. The procedure includes review by the Shelter Committee of the APS Board, which is made up of volunteers. Section 11.27: Outdoor-only Dog Adoption Guidelines This document contains the requirements an owner must meet to qualify for a dog that will be kept outdoors only. It includes fencing and shelter requirements. This is a substantial change on the part of the Animal Protection Society and does allow for the adoption of dogs that will be kept outdoors. ^ Section 11.28: Definitions of "not adoptable" These definitions clarify categories of animals that were in question in applying, adoption guidelines to potential owners. The not adoptable definitions are very specific and include animals that are either not healthy or might pose a risk to humans. In addition, some public concerns were raised regarding friendly, quality customer service at the Shelter and the health department has included funds in its Animal Control budget to outsource a customer satisfaction survey in the upcoming fiscal year. The Board of Health also reviewed the APS funding request for FY 2000-2001 which was $461,709 and recommended that the increase be held to 12% over the current year.funding. The current year funding was $356,974; the Board of Health recommended funding at $399,811 for FY 2000-2001, to be earmarked primarily to raise staff salaries to bring them up to the county's living wage policy and to aid in staff retention. The APS is also being affected by the rapidly rising cost of drugs used for the animals at the shelter. The County Manager's review resulted in a recommendation of a funding level of $392,671. FINANCIAL IMPACT: The Manager's recommendation of funding at $392,671 for fiscal year 2000-2001 will enable the APS to increase staff salaries to meet the living wage policy and to raise some of the staff salaries to aid in retention. The funding recommendation is part of the recommended budget for the upcoming fiscal year. RECOMMENDATION(S): The Manager recommends that the Board approve the contract as written with the APS with the recommended: changes to the Shelter Procedures Manual, subject to approval of the FY2000-2001 budget and authorize the chair to sign. 3 CONTRACT BETWEEN ORANGE COUNTY AND ORANGE COUNTY ANIMAL PROTECTION SOCIETY FOR ANIMAL SHELTER OPERATIONS This CONTRACT 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 Cazolina 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: 3 4 1. Purpo~. This Contract is to provide for the management and operation of the shelter by Society. 2. Responsibilities ofSociety. 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 adapted by Society. Society shall pay a living wage, as defined by the Boazd of County Commissioners. Any changes to the personnel procedures of Society proposed by Society shall be presented to County for its consideration and approval no later than March 1, 2001. 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 Cazolina law and local ordinances. E. Handle, care for and dispose of animals in accordance with applicable North Cazolina law including the Animal Welfaze Act, and local ordinances. 4 5 F. Require citizens redeeming ammals from the shelter to pay applicable reclamarion 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 Sfteen (15) days after the close of each calendar month. 1. 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 5 6 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 Apri130; and for the quarter April 1 through June 30 no later than July 31. K. Permit access and inspection to all azeas 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. O. Society to submit an independent audit prior to annual contract and budget review, at least every 7~h yeaz. 3. ( ounce 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 Boazd of County Commissioners. The annual 6 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 be 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 Boazd 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 15~' 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, 2000 through June 30, 2001. This Contract may be terminated on ninety (90) days written notice by either party. Tlae obligations of County and Society contained in this Contract aze 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 Baazd of Commissioners of 8 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 l 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 l of the year of termination. 5. Liabili 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, 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 8 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 Date: FOR AND ON BEHALF OF ORANGE COUNTY: FOR AND ON BEHALF OF ANIMAL PROTECTION SOCIETY OF ORANGE COUNTY Ann Hamner President "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Kenneth Chavious Finance Director Moses Cazey, Jr., Chair Orange County Boazd of County Commissioners Date: Date: 1C '11.23 The adopters of puppies who have had a history of destructive behavior or high energy level, of dogs and puppies with a genetic predisposition for a high energy level, or of puppies of breeds with a potential for prolonged adolescence may be required by the Shelter Manager tv provide a f®nced yard. 11.24 When a person requests to adopt a puppy or dog mat the APS believes has the potential for placing the community at risk or place the anfmal at risk, the Shelter Manager will screen th® potential adopter and may require a home visit and/or reference check. The adoption counselting session !s required as with any other adoption to determine if the adopter agr~aes to abide by the adoption contract that specifies the new ovm®r will provide proper care, sterilization, housing, restraint, medical care, and will abide by the local animal control ordinances. 11.25 Adoption of a potentially dangerous dog (consisterrt with the Humane Society of the United States Shelter Guidelines Pertaining to Po~ntlally Dangerous Dogs). List of "high risk breeds: GERMAN SHEPHERDS, ROTTWEILEI~S, AKITAS CHOWS, DOBERMAN PINSCHERS, PIT BULL TERRIERS, SHARPEIS, and IDENTIFIABLE MD(ES ~F THESE BREEDS. (1) The purpose of the APS Adoption Program Is to find responsible lifelong homes for animals suitable as .family pets. This program protects animals from abusive situations and protects the community from animals that may become neighborhood nuisances, may bite, or may attack people and/or animals. (2) Historically breeds of dogs have been selected and bred for specific purposes which influence their temperament and lnteractians with humans and the community in which they live. ,The APS recognizes that dogs that have been bred fvr fighting and guarding purposes have a potentially higher risk for biting and aggr+assiv®ness. Therefore these higher risk breeds and other. individual animals that in the opinion of the Shelter Manager or Executive Director may not have suitable dispositions for adoption may not be placed in the public adoption area. These dogs and puppies would not normaNy be held peat the regular holding period for surrenders or strays, These higher risk breeds and other individual animals that in the opinion of the Shelter Manager may be placed in the adoption areas but that may have dispositions that would require a special home environment and commitment may not b® placed in the adoption area, or if they are placed in the adoption area, these dogs and puppies will be marked with a special sign specifying special adoption requirements. 11 (3)11Vhen a person requests a dog or puppy that the APS believes may be a candidate for abuse or place the community at risk, the Shelter Manager, at his/trer discretion may conduct an interview, home visit, and/or reference check. An adoption counselling session is required for each potential adopter to determine if the person is committted to provide lifelong care of the animal. Further, the adopter must agree to abide by the adoption contract that specifies ~e new owner wip provide proper care, s~riliaation, housing restraint, medical carxr, and to abide by local animal control ordinances. (4j in order to allow the fullest possible protection of dogs adopted from the Orange County Animal Shelter, breeds that fall within the "Potentially Dangerous Dog Adoptions" policy will be required to have a fens®d yard adequate for the breed and sib of the dog. 17.2fi THE ADOPTION APPEALS PROCESS a. !f a person does not meet the standard adoption policy requirements for adopting a pet, that person will be referred to a manager-lev®1 staff member. The manager will advise the person of what circumstances/conditions are nec®ssary for the adoption (see 11.27 below). The manager will try to ascertain if the person believes there are other reasons that he/she can provide a good, responsible home for this animal. This will be recorded on a form so the information can be passed on to the Shelter Committee. b. The manager will determine whether alternative conditions are available that satisfy the requirements. c. g the manager makes a positive decision based on the interview, a home visit will be set up and a deposit will be placed as a "hold" on the pet d. If the answer is negative, the person wail be told why th® adoption was denied and informed that he/she can appeal to the Shelter Committee and present ~ the Committee the reasarm why he/she believes the adoption should be approved. e. If the person chooses to appeal, the manager will contact the chair of the Sheit~er Committee, who will set up an interview and/or review, wh~h wi8 be held within flue working days (Altonday through Friday). At least three people from the Shelter Committee will sit on an appeal review. The person may choose to be present or to have a written appeal reviewed. If the person chooses to be present, he/she must be the pennon wishing to adapt the animal. Family members are irnited ff they wish to attend. f. tf the Shelter Committee determines that the adoption should go forward, any conditior~ or modifications of the standard conditions will be given to shelter staff in writing. ff the answer is negative, the person will receive the decision in writing. g. The Shelter Committee decision is final. ff the adoption. is recommended, the adoption process will go forward. If the adoption is denied, the dog will be released from the deposit, and the animal will become available again for adoption. The deposit will be refunded, except for the heartworm test if it has been done and any fees for tests requested by the potential adapter. 11.2T OUTDOOR-ONLY DOG ADOPTION GUIDELINES Nomtaliy all of the conditions below would be met. However, if there are circumstances that the adopter feats should be taken into consideration, they may be discussed with the manager andlor the Shelter Committee. PHYSICAL REQUIREMENTS: a. Fenced yard--d®termined by the size of dog. b. At least a deg house with proper bedding per OC Animal Control ordinance. c. Proper shade. d. Food and a constant source of fresh water readily available. OTHER STIPULATIONS: a. No dogs under five months of age will be adopted out to outdoor- only homes. b. The equipment (dog house, fencing) must be in place prior to the adoption date. c. Adequate companionship. ,NOTE. Impounded animals that have been outdoor-only pets may be more appropriate for outdoor-only homes. 11.2fi. List of "not adoptable" animals: 1. Animals in poor condition that may have been out on their own a long time. 2. Animals with bite wounds of unknown origin. 3. Animals with symptoms consistent with rabies unless examined by a licensed veterinarian who has determined that the animals symptoms are from another disease. than rabies (other diseases have similar symptoms). 4. Unvaccinated animals that have been exposed to a rabies-positive animal. 5. Anirnais that are known to bite or scratch. fi. Wolf-hybrids orfeline-hybrids for which there is . no state-approved rabies vaccine. 13 7, Cats and kittens positive for feline leukemia. .feline infectious peritonitis. or feline immune deficiency virus. 8. Dog and cam with behavior pro6lems~that would put the animal, the adopter, or the community at risk. 9. Animals with contagious diseases unless treated under a licensed veterinarian with a good prognosis for recovery and low risk at exposing other animals in the community. 10. Heartworm positive dogs unless treatment and timeline is agreed upon before the adoption is finalized. 11.Injured animals that would suffer greatly with low prognosis of recovery, 12.Aggressive animals, animals declared vicious, animals are know to have bitten unprovoked. 13.Animals that have killed other animals intentionally. 14.Animals known to be unsafe around children. 15. Animals that are feral. .