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The following is the complete text of the First Amendment to the City's contract with the Center for
Animal Care and Control
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FIRST AMENDMENT, effective as of the first day of January 1996 to an Agreement dated the first day of September 1994 between the
CITY OF NEW YORK ("City") acting through the Commissioner of Health ("Commissioner") of the New York City Dcpartment of
Health ("Department" or "DOH") having its principal office located at 125 Worth Street, New York, New York 10013 and CENTER
FOR ANIMAL CARE AND CONTROL (the "Center' or the 'Contractor' or the "Corporation"), a not-for-profit corporation having its
principal office located at 11 Park Place, New York, NY 10007.
W I T N E S S E T H
WHEREAS, the Department entered into an Agreement with the Contractor for the term of September 1, 1994 through December 31,
1997 with a Maximum Reimbursable Amount of $5,253,894 for the budget period from September 1, 1994 to December 31, 1995 to
promote or provide animal control functions; and
WHEREAS, by this First Amendment, $4,921,404.00 in additional funds has been made avaiiable for the period from January I,
1996 to December 31, 1996 thereby increasing the maximum reimbursable amount ofthis Ageement to $10,175,298; and
WHEREAS, by this First Amendment the Contractor is authorized to procure contractual consultant services up to a specified
threshold amount without requiring prior City approval; and
WHEREAS, by this First Amendment the requirement that monthly reports be submitted in quadruplicate is modified; and
WHEREAS, by this First Amendment the city shall not reimburse the Contractor for salary increases of its employees not subject to
collective bargaining agreements beyond the percentage increases granted by the City; and
WHEREAS, by this First Amendment the parties agree to a definition of "revenue" and the allocation of such revenue; and
WHEREAS, by this First Amendment the Scope has been modified; and
WHEREAS, the Contractor is ready, willing and able to perform the services as provided in this Amendment;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein set forth, the parties agree as follows:
PART I
MODIFICATIONS
1 . Article II of Part I (Scope of Services) is modified by deleting "Scope of Services" (Annex A) and substituting in place thereof
"Arnended Scope of Services" (Amended Annex A) attached hereto and incorporated herein as Exhibil I. All references in the
A~reement to the Schedule of Deliverables or the Scope of Services shall be deemed to refer to the Amended Scope of Services.
2. Article III of Part I (Reimbursement. Books and Record, Audits) Section (a) (Maximum Reimbursable Amount) is modified by
deleting the first sentence and the following provision substituted in place thereof:
"The Maximum Reimbursable Arnount for the term of this Agreement from January 1, 1996 to December 31, 1996 shall not exceed
$4,921,404 in accord with the line item budget and budget narrative contained in Arnended Annex B attached hereto and made a
part of this Agreement as Exhibit II."
3. Article III of Part I Section (b) (Schedule of Payments and Recoveries) is modified by adding the following provision:
"On or about January 1, 1996 the City shall make an advance payment for the second budget year of $410,117.00. Thereafter, for the
next ten (10) months the City shall, on or about the first day of each month, make an advance payment to the Corporation in the
amount of $410,117.00, equal to one-twelfth of the Maximum Reimbursable Arnount. Notwithstanding the schedule of payments,
the Commissioner reserves the right, in recognition of the public health necessity for animal care and control, to make an additional
payment equal to the amount of the monthly advances.
4. Article III of Part I Section (b) (Schedule of Payments and Recoveries) is modified by adding subsection (9) as follows:
"notwithstanding the provision of any other subsection of this Agreement to the contrary, it is understood and agreed between the
parties that the City will not reimburse the Corporation for the aggregate increases in salaries and fringe benefits to employees not
subject to collective bargaining agreements that the Corporation may grant, without the City's prior approval, to its employees
beyond the percentage increases granted by the City to its employees in analogous job titles "
5. Article III Section (f) (Contractual/Consultant Services) is modified by deleting the entire sentence and the following substituted in
place thereof:
"The Corporation may enter into and renew various contracts and consultant and rental agreements for the provision of services or
equipment to the Corporation related to the performance of this Agreement. Written prior approval of the Department is required for
any contract or agreement obligating the Contractor to pay more than $2,500."
6. Article III of Part I, Section (b), Schedule of Payments Paragraph (6) is modified by deletion and replacement with the following:
"All income or revenue of any kind, irrespective of source. whether earned, donated or otherwise acquired by the Contractor,
including but not limited to fees derived or paid to the Contractor from or as a result of shelter services and activities, gifts and
donations, grants, earned interest and unclaimed liabilities converted to unobligated assets of the Contractor, shall be deemed
"revenue." All such revenue shall be itemized and reported to the Department quarterly. The Quarterly Revenue Report shall be
made in a form designated and approved by the Department, shall fully disclose all information required by the Department, and
shall be subject to Department audit.
All revenue derived directly or indirectly from or as a result of shelter activities funded or paid for by the Department, such as fees
charged for services relating to adoption, placement for adoption of animals, and shelter fees up to the amount specified in
Amended Annex B shall be fully credited to the City under this Agreement and the Contractor agrees to assume the generation of
such amount as an obligation to be performed under the terms of this Agreement. Gifts, donations and grants shall not be deemed
revenue derived from or as a result of shelter activities.
All revenue generated in excess of the amount specified in Amended Annex B shall be used by the Contractor to further Corporate
purposes as set forth in the Corporation's Certificate of Incorporation (annexed hereto as Exhibit III) or, in the event of gifts restricted
or directed as to use, for the uses specified by the donor. The Contractor shall provide to the Department an annual financial
statement detailing the use and accounts to which all such revenue was applied.
The Contractor shall establish interest bearing escrow accounts as may be necessary, including an account for adoption receipts in
an amount sufficient to honor vouchers issued for spaying and neutering services of veterinarians not employed by the Contractor,
and receipts and deposits for animal traps and return of deposits. Unclaimed voucher amounts and unclaimed deposits (liabilities
of the Contractor) as well as interest earned on such accounts shall, upon the conversion of such unclaimed liabilities to
unobligated assets of the Contractor, be deemed revenue to be credited to the City as part of the Contractor's revenue production
obligation set forth in Arnended Annex B. The Contractor shall demonstrate to the Department that such accounts have been
established and shall submit in a form designated and approved by the Department a Report detailing all income and expenses
relating to such accounts."
7. Article IV of Part I (Additional Contractor Reports and Records) Section (a) (Monthly Reports is modified by deleting the word
"quadruplicate" from the first sentence.
8. For the purpose of the contract as herein amended, all references to the Scope of Services (Annex A) or the Budget (Annex B)
shall be deemed to refer to Amended Annex A and Amended Annex B, respectively, annexed hereto and incorporated herein as
Exhibits I and II, respectively.
9. Except as expressly modified herein, all the terms and provisions of this Agreement remain unchanged and in full force and effect.
10. Annexed hereto as exhibits are the following:
Exhibit 1 - Amended Scope of Services and Amended Schedule of Deliverables (Amended Annex A)
Exhibit II - Amended Budget (Amended Annex B)
Exhibit III - Certificate of Incorporation
END OF PART I
NO MORE TEXT ON THIS PAGE
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IN WITNESS WHEREOF, the City has caused these presents to be executed in triplicate by the Commissioner, and the Contractor
has caused these presents to be executed by the duly authorized officer and its corporate seal to be hereunto affixed as of the day
and year first above written.
THE CITY OF NEW YORK
By /s/ Margaret Hamburg
COMMISSSIONER OF HEALTH
CENTER FOR ANIMAL CARE AND CONTROL
BY /s/ Martin Kurtz
TITLE: Executive Director
Approved as to Form:
[signature illegible]
Acting Corporation Counsel
Date: JAN 10, 1996
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STATE OF NEW YORK)
ss.:
COUNTY OF NEW YORK)
On this 21st day of January199_ before me personally came Margaret A. Hamburg, M D, to me known to me to be the
Commissioner of Health of the City of New York, the person described in and who, as such Commissioner, executed the foregoing
agreement, and he duly acknowledged to me that he executed the same on behalf of the City of New York and the Department of
Health for the purpose herein mentioned.
/S/ Edwina Nelbett
Notary Public or Commissioner Deeds
EDWINA F. NELBETT
Notary Public, State of New York
No. 474875
Cert. Filed in New York Co.
Qualified in Westchester Co.
Commission expires January 31, 1998
STATE OF NEW YORK)
ss.:
COUNTY OF NEW YORK)
On this 19th day of January, 199_ before me personally came MARTIN KURTZ who being by me duly sworn, did depose and say
that (s)he resides in the City of Rockville Centre that (s)he is the Executive Director of CENTER FOR ANIMAL CARE AND CONTROL,
the corporation described in and which executed the foregoing instrument; that (s)he knows the seal of said Corporation, that the
seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said
Corporation; and that (s)he signed his/her name thereto by like order for the purposes therein mentioned.
/s/ Douglas Mansfield
Notary Public or Commissioner Deeds
DOUGLAS M. MANSFIELD
NOTARY PUBLIC, State of New York
No. 31-02MA5038449
Qualified in New York County
Commission Expires January 23, 1997
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EXHIBIT I
ANNEX A
SCOPE OF SERVlCES
JANUARY 1, 1996 TO DECEMBER 31, 1997
The Corporation shall provide the following animal control and related public health services:
A. Animal Control and Seizure Services
The Corporation will provide the following services:
1) Routine Animal Surveillance and Capture - conduct early morning surveillance in response to complaints or other information
concerning thc presence of unlicensed or unleashed dogs, cats whose owners are not identified, vicious and dangerous animals,
animals that have bitten, rabid or suspected rabid animals, prohibited, exotic or wild animals, and venomous reptiles and bats,
within the five boroughs of New York City and attempt to remove such animals as may be appropriate. Such response to complaints
shall be within 24 hours of receipt of complaint during normal hours of operation or on the next day of normal hours of operation.
2) Animal Seizure - the Corporation shall, when directed by the Department or other agency of the City, assist in seizure, and shall
seize and capture when appropriate, unlicensed or unJeashed dogs, cats whose owners are not identified, vicious and dangerous
animals, animals that have bitten, rabid or suspected rabid animals, prohibited, exotic or wild animals, and venomous reptiles and
bats from persons in possession of such animals, and from places within thc City both public and private.
3) Lost, Stray, Homeless, Abandoned Animals - The Corporation shall accept at its facilities animals which are lost, stray,
homeless, unwanted or abandoned with profcssional caretakers.
4) The Corporation shall establish and advertise an emergency telephone number for receiving complaints on a 24 hours basis
concerning animals described in paragraph ( I ) above. A recorded message will be placed on the above referenced telephone for
the twelve (12) hour period from 8:00 p.m. to 8:00 a.m. Monday through Friday, for the period from 8:00 p.m. Friday through 8:00 a.m.
Monday and on all holidays on a 24 hour basis to record complaint messages so that complaint can be responded to. Forms and
records must be utilized so that all calls are documented and the disposition of the action to each call is properly entered. The
Corporation shall make these forms and records available for review by the Department upon request. Such telephone complaint
system shall be subject to approval by the Department.
5) Seizure and transportation services shall be provided in accordance with applicable City, State, and Federal laws.
6) When a dog or cat is seized or accepted, the Corporation shall provide shelter care to said dog or cat for a period of no less than
forty-eight (48) hours after seizure. In the case of unlicensed dogs so seized or accepted, and in the case of not-exotic cats, if they
are not claimed and redeemed within forty-eight (48) hours after seizure, they may be adopted or otherwise disposed of in
accordance with applicable law. .
7) The Corporation shall notify the owners of licensed dogs and cats with identification collars when such cats or dogs are seized.
The Corporation shall maintain a procedure such that licensed dogs and owner-identified cats may be expeditiously claimed and
returned to their owners.
8) All animal care and control and seizure personnel shall be pre imrnunized against rabies according to recommendations
appearing in Table 3. Rabies Preexposure Prophylaxis Guidelines, United States, 1991, MMWR 1991;40:10-16. The only exception
to this shall be for personnel who are unwilling or unable to be pre-immunized against rabies and who sign a waiver so stating and
releasing the Corporation and the Department from any and all responsibility for any possible harm.
9) The above specified Animal Care and Control and Seizure Services shall, except as indicated below, be provided Monday through
Friday on the following schedule and basis:
a. The Corporation shall have dispatch personnel available to both receive telephone complaints from the public on a telephone
number listed as The Center for Animal Care and Control Animal Emergency Service and immediately dispatch such emergency
calls to the fleet of vehicles, or, when appropriate, to the A.S.P.C.A. or other entity for referral. Dispatch services shall be available
from 8:00 a.m. to 8:00 p.m. Monday through Friday, exclusive of holidays.
b. For the twelve (12) hour period from 8:00 p.m. to 8:00 a.m. Monday through Friday, for the period from 8:00 p.m. Friday through
8:00 a.m. Monday and on holidays on a 24 hour a day basis, thc Corporation shall provide personnel and equipment necessary for
on-call animal emergency response serviccs to handle special requests from the Department of Health (including the Poison
Control Center) and police agencies to capture and seize animals specified in paragraph A(2) above, and have said animals held at
an animal shelter for rabies observation or have the animal made ready for testing for rabics. Animal seizure services will be
provided Monday to Friday from 8:00 a m. to 8:00 p.m. exclusive of all holidays.
c. At the request of the Department of Health, the Corporation will use a vehicle assigned to the animal receiving facilities to
respond to a call, if there is no other vehicle available. Each animal receiving facility will have an animal pick-up vehicle assigned at
that location during norrnal operating hours.
B. Related Services
The Corporation shall provide related services as follows:
1) The City will continue an existing contract between the Department of Sanitation and a private qualified contractor for the removal
of all animal carcasses from the shelter facilities. The Corporation shall properly and safely dispose of all regulated hazardous
and/or medical waste pursuant to all federal, state and local laws.
2) The Corporation shall operate animal shclter facilities in the boroughs of Manhattan and Brooklyn. The hlanhattan shelter will be
open on a 7 day a week, 24 hours a day schedule, every day of the year excluding major holidays. The Brooklyn shelter will be open
on a 5 day a week, 8 hour a day schedule cxcluding holidays and will house animals on a 7 day a week, 24 hour a day schedule.
Both shelters will hold animals and care for such animals in conforrnity with all applicable laws.
3) All professional care provided at the animal shelter facilities and at pet receiving facilities shall be under the direct supervision of
a shelter veterinarian, who must be a graduate of an American Veterinary Medical Association accredited vetcrinary college and
have a license to practice veterinary medicine in New York State.
4) Care of animals at the shelters shall include feeding, boarding (including bedding and cleaning of cages), watering, exercising,
and provision for immediate first aid as required, including but not limited to isolation of sick animals as necessary.
5) The Corporation shall provide adoption services at the shelters and receiving facilities and shall promote adoption as a means of
placing animals. For all adopted dogs that will be kept within New York City the respondent shall dispense a dog license
application provide or cause to be provided spay/neutering services and administer rabies immunizations pursuant to the New York
City Health Code.
6) The Corporation shall have the professional capability to humanely euthanize animals (using sodium pentabarbitol injection).
Humane euthanization shall only be administered when necessary and shall be supervised by a New York State licensed
veterinarian. The Corporation shall make every reasonable effort to place animals for adoption. and shall euthanize animals only
when required as a last resort.
7) The Corporation shall have the professional capability to, and shall prepare specimens from all animals suspected of rabies or
other zoonotic diseases for submission to either the New York State Depanment of Health Wadsworth Laboratories in Albany, New
York or the New York City Bureau of Laboratories for examination as required by the New York State Sanitary Code, New York City
Health Code, and established guidelines and procedures of the State and City Depanment of Health. Processing and taking of
specitnens for rabies testing shall include appropriate infection control, sterilization of all instruments and contaminated surfaces
as a result of preparing the animal specimen for rabies examination, and proper disposal of hazardous, infectious, and medical
waste.
8) The Corporation shall develop, implement and maintain an adequate record keeping system to ensure adequate identification of
animals, location within shelter system, whether animal is candidate for adoption, and which shall encompass, at a minimum the
following repons: recording the receipt and disposition of all animals by type, elapsed time at the shelter for each animal, return to
owner or other placement, a clear description of animal's health status, and documentation of nature and level of care provided
while at the shelter, number of animals captured or seized and their reasons for such actions. Thc Corporation shall prepare
periodic reports on these and other statistics and operating information as shall be specified by the Department.
9) The Corporation shall provide, or cause to be provided spay/neutering services as a means to controt the animal over-population
problems prior to placing animals for adoption.
10) The Corporation shall provide a lost and found program for dogs and cats with an advertised telephone number, which shall be
available for leaving messages 24 hours a day, seven days a week so that lost pets can be returned to their owners.
11) The Corporation shall hold, by order of the Department or the Police Department of the City, any an~imal found by the
Department to be vicious or a threat to the public health until a Departmental decision, pursuant to applicable law, is made
regarding the disposition of that animal.
12) The Corporation shall enlist the aid of volunteers and shall conduct education and community outreach concerning animal
control and public health issues related thereto.
13) All shelter personnel who will handle or be in contact with animals suspect of rabies must be pre-immunized against rabies
according to recommendations appearing in Table 3. Rabies Preexposure Prophvlaxis Guide, United States. 1991, MMWR 1991,40:
10-16. The only exception to this shall be for personnel who are unwilling or unable to be pre immunized against rabies and who
sign a waiver so stating and releasing the Corporation and the Department from any and all responsibility for any possible harm.
C. Animal Receiving Facilities Services
1) The Corporation shall operate and maintain animal receiving facilities to be provided by the Department, in the boroughs of the
Bronx, Queens, and Staten Island, shall establish appropnate fee schedules for accepting other than dangerous, or unlicensed
dogs or cats whose owners cannot be identified, lost, stray, or homeless or animals abandoned with professional caretakers, and
shall care for such animals in conformity with all applicable laws All animals accepted at the Bronx and Queens receiving facilities
shall be transferred at the end of the work day to the Manhattan and/or Brooklyn full service shelter facility. Animais accepted at the
Staten Island Animal Receiving Facility may remain at that facility on a twenty-four (24) hours a day, seven (7) days a week basis
provided and for so long as such service is fully funded by the Center. Receiving facilities shall be operated at the following sites, or
such other suitable sites as may be designated by the Department:
Queens Animal Receiving Facility
92-29 Queens Blvd., Rego Park, NY 11374
Bronx Animal Receiving Facility
1 Fordham Plaza, Bronx, NY 10458
Staten Island Animal Receiving Facility
3139 Veterans Road West, Staten Island, NY 10309
2) The Animal Recciving Facilities must bc open to the public to acccpt animals on a five (5) day a week, eight (8) hours a day
schedule on a year round basis, exclusive of all major and minor holidays. The Statcn Island Animal Receiving Facility may be open
to the public on a seven (7) day a week, twelve (12) hour a day schedule from 8 a.m. until 8 p m. provided it is fully funded by the
Corporation.
3) The Corporation shall provide a healthy environment and humane care and treatment of animals kept at the animal receiving
facility including adequate feed,
4) The Corporation shall publish and maintain a telephone number so citizens can call for a schedule of services.
5) The Corporation will cooperate with the City of New York by providing dog license applications and completing related paperwork
at all facilities.
6) All animal receiving facility personnel who will handle or be in contact with animals suspected of rabies must be pre-immunized
against rabies according to recommendations appearing in Table 3. Rabies Preexposure Prophvlaxis Guide,1991, MMWR 199t,40:
10-16. The only exception to this shall be for personnel who are unwilling or unable to be pre-immunized against rabies and who
sign a waiver so stating and releasing the Corporation and the Department from any and all responsibility for any possible harm.
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EXHIBIT II
AMENDED ANNEX B
CENTER FOR ANIMAL CARE AND CONTROL
BUDGET SUMMARY
ITEM 1/1 - 12/31/96
PERSONNEL SERVICE 3,926,824
OTHER THAN PERSONNEL SERVICE 1,345,002
TOTAL 5,271,825
LESS REVENUE 284,827
ACCRUALS 65,595
MAXIMUM REIMBURSABLE AMOUNT $4,921,404
APPROVED BY: /s/ Richard A. Naeder
ASSISTANT COMMISSIONER FOR FINANCE
[detailed breakdown to come]
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The following is the complete text of the First Amendment to the City's contract with the Center for
Animal Care and Control
--------------------------------------------------------------------------------
FIRST AMENDMENT, effective as of the first day of January 1996 to an Agreement dated the first day of September 1994 between the
CITY OF NEW YORK ("City") acting through the Commissioner of Health ("Commissioner") of the New York City Dcpartment of
Health ("Department" or "DOH") having its principal office located at 125 Worth Street, New York, New York 10013 and CENTER
FOR ANIMAL CARE AND CONTROL (the "Center' or the 'Contractor' or the "Corporation"), a not-for-profit corporation having its
principal office located at 11 Park Place, New York, NY 10007.
W I T N E S S E T H
WHEREAS, the Department entered into an Agreement with the Contractor for the term of September 1, 1994 through December 31,
1997 with a Maximum Reimbursable Amount of $5,253,894 for the budget period from September 1, 1994 to December 31, 1995 to
promote or provide animal control functions; and
WHEREAS, by this First Amendment, $4,921,404.00 in additional funds has been made avaiiable for the period from January I,
1996 to December 31, 1996 thereby increasing the maximum reimbursable amount ofthis Ageement to $10,175,298; and
WHEREAS, by this First Amendment the Contractor is authorized to procure contractual consultant services up to a specified
threshold amount without requiring prior City approval; and
WHEREAS, by this First Amendment the requirement that monthly reports be submitted in quadruplicate is modified; and
WHEREAS, by this First Amendment the city shall not reimburse the Contractor for salary increases of its employees not subject to
collective bargaining agreements beyond the percentage increases granted by the City; and
WHEREAS, by this First Amendment the parties agree to a definition of "revenue" and the allocation of such revenue; and
WHEREAS, by this First Amendment the Scope has been modified; and
WHEREAS, the Contractor is ready, willing and able to perform the services as provided in this Amendment;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein set forth, the parties agree as follows:
PART I
MODIFICATIONS
1 . Article II of Part I (Scope of Services) is modified by deleting "Scope of Services" (Annex A) and substituting in place thereof
"Arnended Scope of Services" (Amended Annex A) attached hereto and incorporated herein as Exhibil I. All references in the
A~reement to the Schedule of Deliverables or the Scope of Services shall be deemed to refer to the Amended Scope of Services.
2. Article III of Part I (Reimbursement. Books and Record, Audits) Section (a) (Maximum Reimbursable Amount) is modified by
deleting the first sentence and the following provision substituted in place thereof:
"The Maximum Reimbursable Arnount for the term of this Agreement from January 1, 1996 to December 31, 1996 shall not exceed
$4,921,404 in accord with the line item budget and budget narrative contained in Arnended Annex B attached hereto and made a
part of this Agreement as Exhibit II."
3. Article III of Part I Section (b) (Schedule of Payments and Recoveries) is modified by adding the following provision:
"On or about January 1, 1996 the City shall make an advance payment for the second budget year of $410,117.00. Thereafter, for the
next ten (10) months the City shall, on or about the first day of each month, make an advance payment to the Corporation in the
amount of $410,117.00, equal to one-twelfth of the Maximum Reimbursable Arnount. Notwithstanding the schedule of payments,
the Commissioner reserves the right, in recognition of the public health necessity for animal care and control, to make an additional
payment equal to the amount of the monthly advances.
4. Article III of Part I Section (b) (Schedule of Payments and Recoveries) is modified by adding subsection (9) as follows:
"notwithstanding the provision of any other subsection of this Agreement to the contrary, it is understood and agreed between the
parties that the City will not reimburse the Corporation for the aggregate increases in salaries and fringe benefits to employees not
subject to collective bargaining agreements that the Corporation may grant, without the City's prior approval, to its employees
beyond the percentage increases granted by the City to its employees in analogous job titles "
5. Article III Section (f) (Contractual/Consultant Services) is modified by deleting the entire sentence and the following substituted in
place thereof:
"The Corporation may enter into and renew various contracts and consultant and rental agreements for the provision of services or
equipment to the Corporation related to the performance of this Agreement. Written prior approval of the Department is required for
any contract or agreement obligating the Contractor to pay more than $2,500."
6. Article III of Part I, Section (b), Schedule of Payments Paragraph (6) is modified by deletion and replacement with the following:
"All income or revenue of any kind, irrespective of source. whether earned, donated or otherwise acquired by the Contractor,
including but not limited to fees derived or paid to the Contractor from or as a result of shelter services and activities, gifts and
donations, grants, earned interest and unclaimed liabilities converted to unobligated assets of the Contractor, shall be deemed
"revenue." All such revenue shall be itemized and reported to the Department quarterly. The Quarterly Revenue Report shall be
made in a form designated and approved by the Department, shall fully disclose all information required by the Department, and
shall be subject to Department audit.
All revenue derived directly or indirectly from or as a result of shelter activities funded or paid for by the Department, such as fees
charged for services relating to adoption, placement for adoption of animals, and shelter fees up to the amount specified in
Amended Annex B shall be fully credited to the City under this Agreement and the Contractor agrees to assume the generation of
such amount as an obligation to be performed under the terms of this Agreement. Gifts, donations and grants shall not be deemed
revenue derived from or as a result of shelter activities.
All revenue generated in excess of the amount specified in Amended Annex B shall be used by the Contractor to further Corporate
purposes as set forth in the Corporation's Certificate of Incorporation (annexed hereto as Exhibit III) or, in the event of gifts restricted
or directed as to use, for the uses specified by the donor. The Contractor shall provide to the Department an annual financial
statement detailing the use and accounts to which all such revenue was applied.
The Contractor shall establish interest bearing escrow accounts as may be necessary, including an account for adoption receipts in
an amount sufficient to honor vouchers issued for spaying and neutering services of veterinarians not employed by the Contractor,
and receipts and deposits for animal traps and return of deposits. Unclaimed voucher amounts and unclaimed deposits (liabilities
of the Contractor) as well as interest earned on such accounts shall, upon the conversion of such unclaimed liabilities to
unobligated assets of the Contractor, be deemed revenue to be credited to the City as part of the Contractor's revenue production
obligation set forth in Arnended Annex B. The Contractor shall demonstrate to the Department that such accounts have been
established and shall submit in a form designated and approved by the Department a Report detailing all income and expenses
relating to such accounts."
7. Article IV of Part I (Additional Contractor Reports and Records) Section (a) (Monthly Reports is modified by deleting the word
"quadruplicate" from the first sentence.
8. For the purpose of the contract as herein amended, all references to the Scope of Services (Annex A) or the Budget (Annex B)
shall be deemed to refer to Amended Annex A and Amended Annex B, respectively, annexed hereto and incorporated herein as
Exhibits I and II, respectively.
9. Except as expressly modified herein, all the terms and provisions of this Agreement remain unchanged and in full force and effect.
10. Annexed hereto as exhibits are the following:
Exhibit 1 - Amended Scope of Services and Amended Schedule of Deliverables (Amended Annex A)
Exhibit II - Amended Budget (Amended Annex B)
Exhibit III - Certificate of Incorporation
END OF PART I
NO MORE TEXT ON THIS PAGE
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IN WITNESS WHEREOF, the City has caused these presents to be executed in triplicate by the Commissioner, and the Contractor
has caused these presents to be executed by the duly authorized officer and its corporate seal to be hereunto affixed as of the day
and year first above written.
THE CITY OF NEW YORK
By /s/ Margaret Hamburg
COMMISSSIONER OF HEALTH
CENTER FOR ANIMAL CARE AND CONTROL
BY /s/ Martin Kurtz
TITLE: Executive Director
Approved as to Form:
[signature illegible]
Acting Corporation Counsel
Date: JAN 10, 1996
--------------------------------------------------------------------------------
STATE OF NEW YORK)
ss.:
COUNTY OF NEW YORK)
On this 21st day of January199_ before me personally came Margaret A. Hamburg, M D, to me known to me to be the
Commissioner of Health of the City of New York, the person described in and who, as such Commissioner, executed the foregoing
agreement, and he duly acknowledged to me that he executed the same on behalf of the City of New York and the Department of
Health for the purpose herein mentioned.
/S/ Edwina Nelbett
Notary Public or Commissioner Deeds
EDWINA F. NELBETT
Notary Public, State of New York
No. 474875
Cert. Filed in New York Co.
Qualified in Westchester Co.
Commission expires January 31, 1998
STATE OF NEW YORK)
ss.:
COUNTY OF NEW YORK)
On this 19th day of January, 199_ before me personally came MARTIN KURTZ who being by me duly sworn, did depose and say
that (s)he resides in the City of Rockville Centre that (s)he is the Executive Director of CENTER FOR ANIMAL CARE AND CONTROL,
the corporation described in and which executed the foregoing instrument; that (s)he knows the seal of said Corporation, that the
seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said
Corporation; and that (s)he signed his/her name thereto by like order for the purposes therein mentioned.
/s/ Douglas Mansfield
Notary Public or Commissioner Deeds
DOUGLAS M. MANSFIELD
NOTARY PUBLIC, State of New York
No. 31-02MA5038449
Qualified in New York County
Commission Expires January 23, 1997
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EXHIBIT I
ANNEX A
SCOPE OF SERVlCES
JANUARY 1, 1996 TO DECEMBER 31, 1997
The Corporation shall provide the following animal control and related public health services:
A. Animal Control and Seizure Services
The Corporation will provide the following services:
1) Routine Animal Surveillance and Capture - conduct early morning surveillance in response to complaints or other information
concerning thc presence of unlicensed or unleashed dogs, cats whose owners are not identified, vicious and dangerous animals,
animals that have bitten, rabid or suspected rabid animals, prohibited, exotic or wild animals, and venomous reptiles and bats,
within the five boroughs of New York City and attempt to remove such animals as may be appropriate. Such response to complaints
shall be within 24 hours of receipt of complaint during normal hours of operation or on the next day of normal hours of operation.
2) Animal Seizure - the Corporation shall, when directed by the Department or other agency of the City, assist in seizure, and shall
seize and capture when appropriate, unlicensed or unJeashed dogs, cats whose owners are not identified, vicious and dangerous
animals, animals that have bitten, rabid or suspected rabid animals, prohibited, exotic or wild animals, and venomous reptiles and
bats from persons in possession of such animals, and from places within thc City both public and private.
3) Lost, Stray, Homeless, Abandoned Animals - The Corporation shall accept at its facilities animals which are lost, stray,
homeless, unwanted or abandoned with profcssional caretakers.
4) The Corporation shall establish and advertise an emergency telephone number for receiving complaints on a 24 hours basis
concerning animals described in paragraph ( I ) above. A recorded message will be placed on the above referenced telephone for
the twelve (12) hour period from 8:00 p.m. to 8:00 a.m. Monday through Friday, for the period from 8:00 p.m. Friday through 8:00 a.m.
Monday and on all holidays on a 24 hour basis to record complaint messages so that complaint can be responded to. Forms and
records must be utilized so that all calls are documented and the disposition of the action to each call is properly entered. The
Corporation shall make these forms and records available for review by the Department upon request. Such telephone complaint
system shall be subject to approval by the Department.
5) Seizure and transportation services shall be provided in accordance with applicable City, State, and Federal laws.
6) When a dog or cat is seized or accepted, the Corporation shall provide shelter care to said dog or cat for a period of no less than
forty-eight (48) hours after seizure. In the case of unlicensed dogs so seized or accepted, and in the case of not-exotic cats, if they
are not claimed and redeemed within forty-eight (48) hours after seizure, they may be adopted or otherwise disposed of in
accordance with applicable law. .
7) The Corporation shall notify the owners of licensed dogs and cats with identification collars when such cats or dogs are seized.
The Corporation shall maintain a procedure such that licensed dogs and owner-identified cats may be expeditiously claimed and
returned to their owners.
8) All animal care and control and seizure personnel shall be pre imrnunized against rabies according to recommendations
appearing in Table 3. Rabies Preexposure Prophylaxis Guidelines, United States, 1991, MMWR 1991;40:10-16. The only exception
to this shall be for personnel who are unwilling or unable to be pre-immunized against rabies and who sign a waiver so stating and
releasing the Corporation and the Department from any and all responsibility for any possible harm.
9) The above specified Animal Care and Control and Seizure Services shall, except as indicated below, be provided Monday through
Friday on the following schedule and basis:
a. The Corporation shall have dispatch personnel available to both receive telephone complaints from the public on a telephone
number listed as The Center for Animal Care and Control Animal Emergency Service and immediately dispatch such emergency
calls to the fleet of vehicles, or, when appropriate, to the A.S.P.C.A. or other entity for referral. Dispatch services shall be available
from 8:00 a.m. to 8:00 p.m. Monday through Friday, exclusive of holidays.
b. For the twelve (12) hour period from 8:00 p.m. to 8:00 a.m. Monday through Friday, for the period from 8:00 p.m. Friday through
8:00 a.m. Monday and on holidays on a 24 hour a day basis, thc Corporation shall provide personnel and equipment necessary for
on-call animal emergency response serviccs to handle special requests from the Department of Health (including the Poison
Control Center) and police agencies to capture and seize animals specified in paragraph A(2) above, and have said animals held at
an animal shelter for rabies observation or have the animal made ready for testing for rabics. Animal seizure services will be
provided Monday to Friday from 8:00 a m. to 8:00 p.m. exclusive of all holidays.
c. At the request of the Department of Health, the Corporation will use a vehicle assigned to the animal receiving facilities to
respond to a call, if there is no other vehicle available. Each animal receiving facility will have an animal pick-up vehicle assigned at
that location during norrnal operating hours.
B. Related Services
The Corporation shall provide related services as follows:
1) The City will continue an existing contract between the Department of Sanitation and a private qualified contractor for the removal
of all animal carcasses from the shelter facilities. The Corporation shall properly and safely dispose of all regulated hazardous
and/or medical waste pursuant to all federal, state and local laws.
2) The Corporation shall operate animal shclter facilities in the boroughs of Manhattan and Brooklyn. The hlanhattan shelter will be
open on a 7 day a week, 24 hours a day schedule, every day of the year excluding major holidays. The Brooklyn shelter will be open
on a 5 day a week, 8 hour a day schedule cxcluding holidays and will house animals on a 7 day a week, 24 hour a day schedule.
Both shelters will hold animals and care for such animals in conforrnity with all applicable laws.
3) All professional care provided at the animal shelter facilities and at pet receiving facilities shall be under the direct supervision of
a shelter veterinarian, who must be a graduate of an American Veterinary Medical Association accredited vetcrinary college and
have a license to practice veterinary medicine in New York State.
4) Care of animals at the shelters shall include feeding, boarding (including bedding and cleaning of cages), watering, exercising,
and provision for immediate first aid as required, including but not limited to isolation of sick animals as necessary.
5) The Corporation shall provide adoption services at the shelters and receiving facilities and shall promote adoption as a means of
placing animals. For all adopted dogs that will be kept within New York City the respondent shall dispense a dog license
application provide or cause to be provided spay/neutering services and administer rabies immunizations pursuant to the New York
City Health Code.
6) The Corporation shall have the professional capability to humanely euthanize animals (using sodium pentabarbitol injection).
Humane euthanization shall only be administered when necessary and shall be supervised by a New York State licensed
veterinarian. The Corporation shall make every reasonable effort to place animals for adoption. and shall euthanize animals only
when required as a last resort.
7) The Corporation shall have the professional capability to, and shall prepare specimens from all animals suspected of rabies or
other zoonotic diseases for submission to either the New York State Depanment of Health Wadsworth Laboratories in Albany, New
York or the New York City Bureau of Laboratories for examination as required by the New York State Sanitary Code, New York City
Health Code, and established guidelines and procedures of the State and City Depanment of Health. Processing and taking of
specitnens for rabies testing shall include appropriate infection control, sterilization of all instruments and contaminated surfaces
as a result of preparing the animal specimen for rabies examination, and proper disposal of hazardous, infectious, and medical
waste.
8) The Corporation shall develop, implement and maintain an adequate record keeping system to ensure adequate identification of
animals, location within shelter system, whether animal is candidate for adoption, and which shall encompass, at a minimum the
following repons: recording the receipt and disposition of all animals by type, elapsed time at the shelter for each animal, return to
owner or other placement, a clear description of animal's health status, and documentation of nature and level of care provided
while at the shelter, number of animals captured or seized and their reasons for such actions. Thc Corporation shall prepare
periodic reports on these and other statistics and operating information as shall be specified by the Department.
9) The Corporation shall provide, or cause to be provided spay/neutering services as a means to controt the animal over-population
problems prior to placing animals for adoption.
10) The Corporation shall provide a lost and found program for dogs and cats with an advertised telephone number, which shall be
available for leaving messages 24 hours a day, seven days a week so that lost pets can be returned to their owners.
11) The Corporation shall hold, by order of the Department or the Police Department of the City, any an~imal found by the
Department to be vicious or a threat to the public health until a Departmental decision, pursuant to applicable law, is made
regarding the disposition of that animal.
12) The Corporation shall enlist the aid of volunteers and shall conduct education and community outreach concerning animal
control and public health issues related thereto.
13) All shelter personnel who will handle or be in contact with animals suspect of rabies must be pre-immunized against rabies
according to recommendations appearing in Table 3. Rabies Preexposure Prophvlaxis Guide, United States. 1991, MMWR 1991,40:
10-16. The only exception to this shall be for personnel who are unwilling or unable to be pre immunized against rabies and who
sign a waiver so stating and releasing the Corporation and the Department from any and all responsibility for any possible harm.
C. Animal Receiving Facilities Services
1) The Corporation shall operate and maintain animal receiving facilities to be provided by the Department, in the boroughs of the
Bronx, Queens, and Staten Island, shall establish appropnate fee schedules for accepting other than dangerous, or unlicensed
dogs or cats whose owners cannot be identified, lost, stray, or homeless or animals abandoned with professional caretakers, and
shall care for such animals in conformity with all applicable laws All animals accepted at the Bronx and Queens receiving facilities
shall be transferred at the end of the work day to the Manhattan and/or Brooklyn full service shelter facility. Animais accepted at the
Staten Island Animal Receiving Facility may remain at that facility on a twenty-four (24) hours a day, seven (7) days a week basis
provided and for so long as such service is fully funded by the Center. Receiving facilities shall be operated at the following sites, or
such other suitable sites as may be designated by the Department:
Queens Animal Receiving Facility
92-29 Queens Blvd., Rego Park, NY 11374
Bronx Animal Receiving Facility
1 Fordham Plaza, Bronx, NY 10458
Staten Island Animal Receiving Facility
3139 Veterans Road West, Staten Island, NY 10309
2) The Animal Recciving Facilities must bc open to the public to acccpt animals on a five (5) day a week, eight (8) hours a day
schedule on a year round basis, exclusive of all major and minor holidays. The Statcn Island Animal Receiving Facility may be open
to the public on a seven (7) day a week, twelve (12) hour a day schedule from 8 a.m. until 8 p m. provided it is fully funded by the
Corporation.
3) The Corporation shall provide a healthy environment and humane care and treatment of animals kept at the animal receiving
facility including adequate feed,
4) The Corporation shall publish and maintain a telephone number so citizens can call for a schedule of services.
5) The Corporation will cooperate with the City of New York by providing dog license applications and completing related paperwork
at all facilities.
6) All animal receiving facility personnel who will handle or be in contact with animals suspected of rabies must be pre-immunized
against rabies according to recommendations appearing in Table 3. Rabies Preexposure Prophvlaxis Guide,1991, MMWR 199t,40:
10-16. The only exception to this shall be for personnel who are unwilling or unable to be pre-immunized against rabies and who
sign a waiver so stating and releasing the Corporation and the Department from any and all responsibility for any possible harm.
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EXHIBIT II
AMENDED ANNEX B
CENTER FOR ANIMAL CARE AND CONTROL
BUDGET SUMMARY
ITEM 1/1 - 12/31/96
PERSONNEL SERVICE 3,926,824
OTHER THAN PERSONNEL SERVICE 1,345,002
TOTAL 5,271,825
LESS REVENUE 284,827
ACCRUALS 65,595
MAXIMUM REIMBURSABLE AMOUNT $4,921,404
APPROVED BY: /s/ Richard A. Naeder
ASSISTANT COMMISSIONER FOR FINANCE
[detailed breakdown to come]
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