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HomeMy WebLinkAboutAmendments to Humane Society ContractsREVIEWED LEGAL COUNSEL For Recording Stamp Only CONTRACT NO. 2008-106 AMENDMENT TO CONTRACT 2006-226 DESCHUTES COUNTY SERVICES THAT CERTAIN AGREEMENT, Deschutes County Services Contract No. 2006-226 by and between Deschutes County, (County) and HUMANE SOCIETY OF CENTRAL OREGON (Contractor) effective July 1, 2006, is amended as set forth below with new language underlined and language to be deleted in strikethretg14. All other provisions of the contract remain unchanged. The above listed contract is amended as follows. The consideration for these amendments is the mutual promises contained in the amendments. EXHIBIT 1 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2006-226 STATEMENT OF WORK. COMPENSATION AND PAYMENT TERMS 1. Contractor shall perform the following work: a. Definition. "Authorized Representative" means Deschutes County Legal Counsel, Deschutes County Deputy or Animal Control Technician or any other representative of Deschutes County authorized by the Board of County Commissioners or the Board of Supervisors. b. General Scope of Services. unless otherwise provided by law, Contractor shall provide, at its shelter located at 61170 SE 27th Street, Bend, Oregon 97702 ("Shelter"), animal impoundment and maintenance care tasks including, but not limited to, providing shelter, food, care, disposition, euthanasia and the disposal of the animals impounded by an Authorized Representative or brought to the shelter by public. Additionally, Contractor shall provide education, community service and advertising to support other programs provided under this Contract. c. Impoundment and Boarding. Contractor shall receive and board animals impounded by an Authorized Representative and stray animals brought to Contractor by the public, in an adequate and sanitary environrnent at the Shelter. 1) Contractor shall impound and board animals according to the following conditions: a) Impounded animals or stray animals brought to Contractor by an Authorized Representative or the public, with or without identification, shall be held a minimum of five days, unless sooner claimed by the owner or keeper of such animal. b) Animals impounded by judicial or administrative order may be held for an indefinite period of time and shall be released or disposed of only in accordance with the special written instructions from the court or County Legal Counsel. c) For animals impounded by judicial or administrative order, Contractor shall affix all special written instructions, including the reason for impoundment (e.g., livestock cases), to the gate tag. In lieu of this required information placed directly on the gate tag, the gate tag may refer to the impound form for details. ed) At the discretion of Contractor, sick or injured animals brought to the shelter by the public may be promptly disposed of _ - _ , - _ _ _ _ e • . . s provided by law. 1. Such disposal decision shall be the full responsibility of Contractor. ii. Within sixty (60) days of the effective date of these amendments, Contractor shall provide Coun y with a full description of the process to be used and factors to be considered for determining when and how to dispose of a sick or injured animal prior to the termination of the hold period in Paragraph 1.a). #e) Immediately upon receipt of an impounded animal, Contractor shall assign a Control Number to each animal impounded. Page 1 of 7 — Amendment to Deschutes County Services Contract No. 2006-226 (Contract No. 2008-106) gf) Contractor shall maintain a full and complete written record of all animals impounded pursuant to this Contract. For each impounded animal, there ch and sucha record shall co icing e€include at least the following information: i. The date of the impoundment. ii. The source of the impoundment, including the Authorized Representative's name and or the name of the public member who brought the animal to the shelter. iii. The reason for impoundment. iv. The exact location of pick-upwhere the animal was found by the Authorized Representative or public member. v. The designated holding period for the animal and any special instructions, including, but not limited to, specific instructions regarding the holding, release or disposal of the animal. vi. The name of the judicial official or Authorized Representative who designated the special instructions referred to in Exhibit 1, Paragraph 1.c.1)b). vii. A general description of the animal, including the animal's breed, if known. viii. Any inoculation or medical treatment te—be—administered or to be administered to the animal at Contractor's Shelter. ix. Whether an owner or keeper was identified who did not claim the animal. x. Whether the dog is licensed, and, if so, the license number. xi. Whether the animal was claimed, adopted, destroyed or otherwise disposed of by Contractor, and the date thereof. xii. Name, address, phone number and any other identifying information, such as driver's license number of any owner or keeper who retrieves an impounded deganimal. xiii. The name, address and telephone number of the person who released possession of the animal to Contractor. xiv. Control Number given to the impounded animal by Contractor. mer. xv. Any illness or injury. xvi. The number of days an animal is held as of the date of the report. xvii. The results of any temperament testing. xviii. If euthanized, the reason for the euthanasia such as by order of the Deschutes County Board of Supervisors or illness. xix. If euthanized, notation such as "per request of owner" shall be insufficient. xx. If the animal is a dog and unlicensed n, whether the owner/keeper was cited for failure to license. #g) Contractor shall provide County a copy of a form completed pursuant to Exhibit 1, Paragraph 1.c.1)gf) for each impounded animal in electronic form compatible with County computer software in addition to any hard copies provided by Contractor. h) Until such time as the Humane Society of Central Oregon has facilities to board and care for larger animals (see description in Paragraph 3.d. for definition of "larger animals"), Contractor and County understand that the Humane Society of Redmond shall be responsible for boarding and caring for larger animals. 2) Prior to release of any impounded dog to the owner or keeper, Contractor shall require the owner or keeper to present photo identification and Contractor shall record any identifying information such as driver's license number. 3) Prior to release of any impounded dog to the owner or keeper, Contractor shall charge the owner or keeper an impound fee in accordance with the County's fee schedule. 4) Contractor shall make a reasonable effort to notify the owner or keeper of an impounded animal before the animal is removed from impoundment. 5) Contractor shall provide board and care for quarantine animals brought to Contractor by an Authorized Representative. a) "Quarantine" means the animal will be housed separately for ten consecutive days due to having bite a person and, in the professional opinion of a the Contractor's veterinarian has an illness, a physical condition or parasites. b) Contractor shall submit forms for quarantined animals pursuant to Exhibit 1, Paragraph 1.c.1)g) to 3ounty. 6) Contractor shall hold impounded animals in accordance with such other instructions given to Contractor by an Authorized Representative. 7) Contractor shall not refuse to intake, hold or impound any stray or judicial hold animal brought to Contractor's facility by an Authorized Representative (except for 1.c.1)h) above for HSCO) unless the Authorized Representative agrees or unless the animal has a serious or life threatening injury or illness requiring immediate care as determined by the Authorized Representative. Page 2 of 7 — Amendment to Deschutes County Services Contract No. 2006-226 (Contract No. 2008-106) 8) For all animals that do not have a serious or life threatening injury or illness requiring immediate care as determined by the Authorized Representative, Contractor shall be responsible for all medical care of those animals. d. Cremation of Dead Animals. Contractor shall dispose of dead animals by cremation at Contractor's crematorium. Subject to the following conditions, Contractor shall have the exclusive right to operate the crematorium at such times and on such terms as Contractor so determines. 1) Contractor shall dispose of all dead animals brought to its facility by an Authorized Representative. Additionally, Contractor shall dispose of all stray animals that have been euthanized following expiration of the applicable holding period. 2) Contractor shall be responsible for the normal maintenance and repair of the crematorium, including the structure in which the crematorium is located. 3) Contractor shall pay all direct and indirect costs of operating the crematorium, including utilities, labor, maintenance and repair. 4) Contractor shall be responsible for obtaining and maintaining all local and state permits required in the operation of the crematorium, and shall undertake such other acts as are necessary to place and maintain the crematorium and its operations in full compliance with the rules and regulations of the Oregon Department of Environmental Quality and other federal, state and local agencies with jurisdiction over the crematorium. 5) Contractor shall keep complete and accurate records of the following: a) the weight of dead animals per animal that are cremated at County's expense; b) the total weight of each dead animal cremated at County's expense; c) the number of dead animals cremated; d) the operation, maintenance and repair of the crematorium and associated facilities; e) the permitting and compliance with environmental regulations. - - e. Related Responsibilities. 1) Contractor shall make its facility open daily to the public dail -(legal holidays, Sundays and no more than four annual in-service days excepted) at hours to be determined by Contractor, but in no case less than five hours per day to allow impounded animals to be claimed by their owner or keepers. Contractor shall extend the number of impound days, to the extent necessary to offset closed days. 2) Contractor shall provide access to the facility to Authorized Representatives on a 24-hour, seven-day week basis to allow for the lodging of impounded animals. 3) Contractor shall provide all reception and administrative support for transactions involving animals that are brought to Contractor. 4) Unless otherwise directed by an Authorized Representative, all animals not returned to their owner or keepers shall become property of Contractor after the expiration of the applicable holding period set forth hereinabove. After the applicable holding period, Contractor shall have sole authority to make all adoption and disposal decisions 5) Citation. a) Prior to release to the owner or keeper of any impounded dog that has not been licensed by County: i. ; Contractor shall issue a citation to the owner or keeper for violation of the Deschutes County Code for failure to license the dog; ii. Contractor shall require the owner or keeper to provide a license for the dog; or iii. Contractor shall require the owner or keeper to present a citation issued by the Sheriffs Office for failure to license the dog under DCC 6.04. b. Contractor shall issue statement on gate tag for owner to pick citation at SO office before HSCO can release dog to owner or keeper. 6) Contractor shall maintain personnel authorized by the Deschutes County Sheriff to issue citations. 7) For all dog adoptions, Contractor shall provide to County a record comprising of at least the following information a) Name of person adopting the dog. b) Address of person adopting the dog. c) Phone number of person adopting the dog. d) Breed, color and sex-gender of dog adopted. e) County dog license number if the dog is six (6) months or older. f) Copies of all rabies and spay/neuter certificates. g) The spay/neuter status. h) The • - - _ - -xact location where the animal was found by the Authorized Representative or public member. 8) On the 1591 of each month, along with the information required in Exhibit 1, Paragraphs 1.c.1)gf), 1.c.3), 1.d.5), and 1.e.7 and 8), Contractor shall remit to County all dog license and pet identification tag fees collected by Contractor during the prior month. Page 3 of 7 — Amendment to Deschutes County Services Contract No. 2006-226 (Contract No. 2008-106) 9) Contractor shall promptly notify the County Sheriffs Office of reports of animal abuse, neglect or theft. 10) Contractor shall not give legal advice to the public. 11) Contractor shall apply all monies received pursuant to Exhibit 1, Paragraphs 3.1. and m. only toward pad-eff any construction debt remaining for the current facility that was completed in January of 2005. Contractor shall provide yearly documentation of any remaining -debt balance and shall refund any monies paid by County in excess of that debt. 12) Contractor shall sell and issue domestic County dog licenses and cat identification -pet identification tags to the public in accordance with the current County fee schedule. 13) Contractor shall sell and issue dog licenses and pet identification tags regardless of whether or notfe the person with whom the animal is to be located resides within Deschutes County. 142.) Contractor shall utilize and coordinate with the County's animal license database. 154) Contractor shall provide physical space and telephone line for computer connection to the County database for purposes of processing license requests and responses to animal lost and found inquiries f. Education Services. 1) Contractor shall provide or sponsor education programs, community service programs and advertising in all areas of animal care and welfare. 42) Contractor shall provide such education programs in accordance with the terms and conditions mutually agreed to by County and Contractor. 32-) Such programs shall include license, spay/neuter/vaccine programs, educational programs (such as school orientation and awareness programs) and advertising through the local media. 42.) Contractor shall apply all monies received pursuant to Exhibit 1, Paragraphs 3.i and j only to the these education and community services. 4) On the 15th of each month, Contractor shall provide to County a monthly report of Contractor's compliance with Paragraph 1.f.(1) through (4). 5) At least once a calendar year, Contractor shall provide an oral presentation to the Deschutes County Board of County Commissioners a report of all contract activities. 2. County Services. County shall provide Contractor, at County's expense, with material and services described as follows: a. Special Instructions. County shall promptly notify Contractor in writing of any special instructions, new developments or additional information regarding impounded animals that may be necessary in order for Contractor to fulfill its duties pursuant to this Contract. b. County to Supply Known Information. An Authorized Representative of the County shall provide all known information required under Exhibit 1, Paragraph 1.1ac.1)fe). c. Vehicle Disinfection. After each use, County shall disinfect all County vehicles used to transport animals to Contractor's shelter. d. County Purchase of Dog Tags. County shall purchase all dog license tags and provide them to Contractor. e. Forms and Software Maintenance. County shall provide Contractor the following: 1) Licensing forms. 2) Reporting forms in electronic format. 3) Ongoing programming maintenance for licensing database. f. Renewal Notices. County shall issue all dog license renewal notices. g. Payment Schedule. Within twenty-one (21) days of Contractor's submittal of the monthly reports and fees required in Exhibit 1, Paragraph 1.e.8), County shall distribute payment to Contractor. h. If an animal is determined by the Authorized Representative to have a serious or life threatening injury or illness requiring immediate care at the initiation of the impoundment of that animal, the Authorized Representative shall be responsible for obtaining medical care of that animal until such time as the animal can be transported to Contractor's facility. i. To the extent allowed by law, County shall not disclose and shall use for County purposes only any personal information submitted to County by Contractor for any owner or keeper who retrieves an impounded animal, any person who released possession of an animal to Contractor and of any person adopting an animal. 3. Consideration. a. Boarding Fee. 1) Dogs. a) County shall pay Contractor a boarding fee of $24.00 per day per dog for a maximum of five days fo • each dog impounded by a County Authorized Representative or brought to the Shelter by the public. b) If the fifth day of the five-day impoundment period is a Sunday or legal holiday, the County will pay the boarding fee for each day the animal dog is held for the Sunday or legal holiday. 2) Domestic Cats. Page 4 of 7 — Amendment to Deschutes County Services Contract No. 2006-226 (Contract No. 2008-106) a) Except as provided in Exhibit 1, Paragraph 3.b., County shall pay Contractor a boarding fee of $6.50 per day per cat for a maximum of five days for each cat impounded by a County Authorized Representative. b) If the fifth day of the five-day impoundment period is a Sunday or legal holiday, the County will pay the boarding fee for each day the animal -cat is held for the Sunday or legal holiday. b. Domestic Cats Held by Judicial/Administrative Order. 1) County shall pay Contractor $66.850 per day for domestic cats held by judicial or administrative order in excess of five (5) days. 2) Cats held by judicial or administrative order means cats required to be impounded by order of the court or held for evidence in a criminal court proceeding. c. Dogs Held by Judicial/Administrative Order. 1) County shall pay Contractor for dogs held by judicial or administrative order as follows: a) $24.00 per day for days one (1) through ten (10). b) $12.00 per day for days eleven (11) through sixteen (16). c) $ 6.00 per day starting with day seventeen (17) and continuing until the judicial or administrative hold is terminated. 2) Dogs held by judicial order means dogs required to be impounded by order of the court or held for evidence in a violation or criminal court proceeding. 3) Dogs held by administrative order means dogs held pending disposition after a hearing before the Deschutes County Board of Supervisors. 4) If a judicial or administrative order requires the boarding of a dog for longer than five (5) days, Contractor shall coordinate with the District Attorney's Office for Deschutes County, the Deschutes County Sheriffs Office and the Deschutes County Legal Counsel as to the care and disposition of the impounded dogs during the period of impoundment. d. Boarding Fees for Other Animals. For any animal other than dogs or domestic cats impounded by a County Authorized Representative, boarding fees shall be as follows. 1) : _ - _ - - _ _ - _ _ -• _ _ _ _ . If the fifth day of the five-day impoundment period is a Sunday or legal holiday, the County will pay the boarding fee for each day the animal is held for the Sunday or legal holiday. 4-2) Small animals, including but not limited to enakesreptiles, birds, chickens, geese, ferrets impounded by County Authorized Representative. a) The County shall pay Contractor a boarding fee for small animals of $2,50 per day per small anirnal for a maximum of five days for the first five (5) days per Paragraph 1.c.1)a) above. b) If a judicial or administrative order requires the boarding of small animals for longer than five (5) days, then the boarding fees shall be paid at a rate of $2.50 per day per small animal for up to sixteen (16) days, including the initial five (5) days. 23) Larger animals, including but not limited to horses, llamas, sheep, goats, llamas, pigs, horcos emus impounded by County Authorized Representative. a) The County shall pay Contractor a boarding fee for horses, donkeys, mules and llamas of $12.00 per day per horse or llama for a maximum of five days. 1) If a judicial or administrative order requires the boarding of a horse or llama for longer than the five (5) days, the County shall pay $12.00 per day per horse or lama for up to twenty-one (21) days, including the initial five (5) days. 2) The County shall also pay medical expenses in accordance with Paragraph 3.d.4) below. b) The County shall pay Contractor a boarding fee for other larger animals of $6.00 per day per other larger for a maximum of five days. 1) If a judicial or administrative order requires the boarding of another larger animal for longer than the five (5) days, the County shall pay $6.00 per day per other larger animal for up to twenty-one (21) days, including the initial five (5) days. 2) The County shall also pay medical expenses in accordance with Paragraph 3.d.4) below. c) If a judicial or administrative order requires the boarding of larger animals for longer than five (5) days, Contractor shall coordinate with the District Attorney's Office for Deschutes County, the Deschutes County Sheriffs Office and the Deschutes County Legal Counsel as to the care and disposition. d) Larger animals held by judicial or administrative order means larger animals required to be impoL.nded by order of the court or held for evidence in a criminal court proceeding. 4) Larger Animal -Medical Expenses a) Contractor is responsible for billing County for the itemized costs for reasonable veterinarian c are and medicines during the period of impoundment. b)d}All impounded injured or ill larger animals must be seen by a qualified veterinarian as soon as possible upon impoundment to determine the extent of the injuries or illness. Page 5 of 7 — Amendment to Deschutes County Services Contract No. 2006-226 (Contract No. 2008-106) ce) Contractor shall attach to the bill for veterinarian care and medicines a copy of the veterinarian's report regarding the larger animal's injuries or illness during the period of impoundment. Automatic Increase in Boarding Fee Payment. 1) The boarding fee for dogs shall automatically increase each July 1 in the amount of the immediately prior June annual All Cities CPI -U times the daily boarding fee then in effect, rounded to the nearest $0.25. 2) The maximum daily boarding fee for boarding dogs under this Contract shall not exceed $26.00. f. Retention of Impound and Boarding Fees. Contractor may also retain all impound and boarding fees received from owner or keepers of impounded animals. g. Cremation Fees. Upon receipt of monthly invoices from Contractor, County shall make timely payment to Contractor of $1.00 per pound for the cremation of the following classes of dead animals. 1) Dead animals brought to Contractor's facility by an Authorized Representative. 2) Stray animals brought to Contractor's facility by an Authorized Representative that have been subsequently euthanized following expiration of the applicable holding period. h. Other Cremation Income. Contractor shall be entitled to all other income derived from the operation of the crematorium, located at its Shelter. i. County Payment of First $4.00 of License Fees. For all dog license fees collected in accordance with the County fee schedule from dog owner or keepers residing in the Bend -La PineSchool Districts, County shall pay Contractor $4.00 of the first $10 collected. j. Retention of Other Animal Identification Tag Fees. 1) For all other animals other than dogs, County shall pay Contractor all identification tag fees collected in accordance with the County fee schedule from the animal owners or keepers residing in the Bend Lapin -and Brothers School Districts. 2) County shall deduct the cost to the County of the tags prior to payment to Contractor. k. Fees for Education, Spay/Neuter Programs. All monies paid to or retained by Contractor pursuant to Exhibit 1, Paragraphs 3.i. through k. must be applied to expenses for Contractor's responsibilities provided in Exhibit 1, Paragraph 1.f. I. Payment of Additional Funds from Doq Licenses -Altered Dogs. For all dog license fees collected for altered dogs from dog owner or keepers residing in the Bend -La Pine and Brothers School Districts, County shall pay Contractor the difference between the first $10.00 and the total amount collected. m. Payment of Additional Funds from Doq Licenses -Unaltered Dogs For dog license fees for unaltered dogs, County shall pay Contractor the amount Contractor would have received pursuant to Exhibit 1, Paragraph 3.1 had the dog been altered. n. Limitation on Payment of Additional Funds. County is obligated to pay Contractor pursuant to Exhibit 1, Paragraphs 3.1. & m. only until the Contractor's original debt on the New Facility is satisfied. o. Deduction of Cost of Dedicated Phone Lines. Prior to payment to Contractor pursuant to Exhibit 1, Paragraph 3., County shall deduct any expenses for dedicated phone lines used by Contractor to access County's animal license and information databases. p. Contractor's Failure to Timely Submit Reports and Invoices. If Contractor fails to comply with Exhibit 1, Paragraph 1.e.9), County shall deduct a late penalty of $25 or twenty-five (25%), whichever is greater, from the amount County would have distributed to Contractor for that month. q. County's Failure to Timely Remit Payments. If County fails to comply with Exhibit 1, Paragraph 2.g., County shall pay Contractor a late penalty of $25 or twenty-five (25%), whichever is greater. r. Contractor shall notify County in writing of the impending expiration of this Contract thirty (30) calendar days prior to the expiration date. s. A day is defined as beginning at 12:01 am and ending at 12:00 am. t. Contractor shall be entitled to reimbursement for expenses as set forth in Exhibit 5 ❑ YES 0 NO [Check one] 4. The maximum compensation.. No maximum consideration. 5. Schedule of Performance or Delivery. a. County's obligation to pay depends upon Contractor's delivery or performance in accordance with the schedule listed in Exhibit 1, Paragraph 1. b. County will only pay for completed work that conforms to the terms of the Contract. CONTRACTOR SIGNATURE Signature Title Page 6 of 7 — Amendment to Deschutes County Services Contract No. 2006-226 (Contract No. 2008-106) Name (please print) Date DESCHUTES COUNTY SIGNATURE (This Contract Amendment is not binding on County until signed by the Deschutes County Board of County Commissioners) Dated this of ATTEST: , 2007 BOARD OF COUNTY COMMISSIONERS MICHAEL M. DALY, CHAIR DENNIS R. LUKE, COMMISSIONER Recording Secretary TAMMY BANEY, COMMISSIONER Page 7 of 7 — Amendment to Deschutes County Services Contract No. 2006-226 (Contract No. 2008-106)