Third Amendment to the City's contract with the AC&C

The following is the complete text of the Third Amendment to the City's contract with the Center for Animal Care and Control

THIRD AMENDMENT, effective as of the first day of January, 1997 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 Department of Health ("Department" or "DOH") having its principal office located at 125 Worth Street, New York, NY 10013 and THE CENTER FOR ANIMAL CARE AND CONTROL, INC. (The "Center" or the "Contractor" or the "Corporation") a not-for-profit corporation having its principal office at 11 Park Place, New York, NY 10007.

W I T N E S S E T H

WHEREAS, the Center entered into an Agreement with the Department for the term of September 1, 1994 through December 31, 1997 to promote or provide animal control functions; and

WHEREAS, by the First Amendment effective January 1, 1996, $4,921,404 in additional funds were made available for the period from January 1, 1996 to December 31, 1996 thereby increasing the maximum reimbursable amount of the Agreement to $10,175,298; and

WHEREAS, by the First Amendment, the Contractor was authorized to procure contractual consultant services up to a specified threshold amount without requiring prior city approval; and

WHEREAS, by the First Amendment the requirement that monthly reports be submitted in quadruplicate was modified; and

WHEREAS, by the First Amendment City reimbursement to the Contractor for the salary increases of its employees not subject to collective bargaining agreements was limited to the percentage increases granted by the City; and

WHEREAS, by the First Amendment "revenue" was defined and its use by the Contractor allocated; and

WHEREAS, by the First Amendment changes were made to the Scope of Services; and

WHEREAS, the Second Amendment, effective September 1, 1996, the Contractor agreed to provide the City with abstracts of meetings of the Board relating to this Agreement; and

WHEREAS, by this Third Agreement $4,851,938 in additional funds have been made available for the period from January 1, 1997 to December 31, 1997, thereby increasing the maximum reimbursable amount of this Agreement to $15,027,236; and

WHEREAS, by this Third Amendment, capital funds have been allocated to reimburse the Corporation for additional expenses it may incur caring for animals while the Brooklyn shelter is being renovated; and

WHEREAS, by this Third Amendment content of monthly reports is clarified; and

WHEREAS, by this Third Amendment, the City agrees to install an automated shelter management system; and

WHEREAS, by this Third Amendment the responsibility of the Contractor to provide facilities management is clarified; and

WHEREAS, by this Third Amendment the Scope of Services is modified; and

WHEREAS, by this Third Amendment paragraph 4.12 (Publicity) of part II is 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, "Amended Scope of Services" (Amended Annex A) attached hereto and incorporated herein. All references in the Agreement to the Scope of Services shall be deemed to refer to the Amended Scope of Services.

2. Article III of Park I (Reimbursement; Books and Records; Audits) Section (a) (Maximum Reimbursable Amount) is modified by deleting the first sentence and the following provision substituted in place thereof:

"The Maximum Reimbursable Amount (MRA) for the budget period from January 1, 1997 to December 31, 1997 shall not exceed $4,851,938, in accord with the line item budget contained in Amended Annex B attached hereto and made a part of this Agreement. $81,034 of this MRA, is designated to reimburse the Corporation for personnel costs (referred to as "Swing") incurred during shelter renovations. $51,500 in capital funds is allocated to reimburse the Corporation for expenses (referred to as "Swing") which it may incur caring for animals while the Brooklyn shelter is being renovated. Such "Swing" funds may not be used for any other purpose" and

3. Article III of Part I Section (b) (Schedule of Payments and Recoveries) subsection (9) is modified by adding the following provision:

"On or about January 1, 1997 the City shall make an advance payment for the budget period described in (a) about of $435,784. Thereafter, for the next ten (10) months the City shall, on or about the first day of each month, make an advance payment as follows:

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, of $402,287."

4. Article II of Part I Section © (Modifications) is modified by deleting the first sentence and the following provision substituted therefor:

"To further the purpose of this Agreement, the Department and the Corporation may, by letter of agreement, reallocate budgeted amounts for services to be provided hereunder, provided that the Maximum Reimbursable Amount specified in section (a) of this Article is not increased. The Department shall make every effort to approve or disapprove in writing such Modifications within 30 days of submission by the Contractor. The reallocation shall not occur until approval is received form the Department."

5. Article IV of Part I Section (a) (Monthly Reports) is amended by deleting the second sentence and substituting the following provision therefor:

"These reports will include, but not be limited to number, type, origin of animals, numbers of animals adopted, euthanized, spayed or neutered, number and type of activities, length of stay, holding cases, cage utilization rates, number of media communications, quality assurance, customer service initiative status, dog licensing activities and other specific information related to the types and quantity of services provided during the report period as more specifically set forth in Annex A."

6. Article IV of Part I Section (b) (Organizational and Timing of Monthly Reports) is modified by deleting the first sentence and the following provision substituted therefor:

"The quarterly and monthly reports provided under Section (a) of this Article shall distinguish among dogs, cats, and other animals and shall categorize such other animals by country, or state or other place of origin and source within the City, method by which such animal came into possession of the Contractor, and such other characteristic as may be specified by the Department."

7. Article VII © of Part I (Operation of Leased Facilities) is amended by the addition of the following provision to the third item listed:

"At the end of the contract all mechanical systems and other infrastructure supporting services must be in good working condition."

and by replacing the second item with the following:

"Maintenance and repair of the exterior building structure and maintenance, repair and replacement of windows and skylights."

8. Paragraph 4.12 (Publicity) of Part II is amended by deleting the word "written" from the first line.

9. From 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 B, respectively, annexed hereto and incorporated herein.

10. Except as expressly modified herein, all the terms and provisions of this Agreement remain unchanged and in full force and effect.

11. Amended hereto are the following:

Amended Scope of services

Amended Budget

IN WITNESS WHEREOF, the City has caused these presents to be executed in triplicate by the Deputy 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/ James Capoziello
Deputy Commissioner of Health Support Services
NYC Department of Health

[Corporate Seal]

THE CENTER FOR ANIMAL CARE AND CONTROL, INC.
BY: /s/ Martin B. Kurtz
TITLE: Executive Director

STATE OF NEW YORK)
ss:
COUNTY OF NEW YORK)

On this 27 day of January 1997 before me personally came James L. Capoziello, to me known and known to me to be the Deputy Commissioner of Health Support Services of the Department of Health of the City of New York, the person described in who, as such Deputy 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/ Alice C. Rathbaum
Notary Public or Commissioner of Deeds

STATE OF NEW YORK)
ss:
COUNTY OF NEW YORK)

On this 27 day of January 1997 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, NY, that (s)he is the Executive Director of THE CENTER FOR ANIMAL CARE AND CONTROL, INC. 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/ Alice C. Rathbaum
Notary Public or Commissioner of Deeds

EXHIBIT I

AMENDED

ANNEX A
SCOPE OF SERVICES

JANUARY 1, 1997 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 the 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 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 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 from persons in possession of such animals, and from places within the 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 professional caretakers.

4) The Corporation shall establish and advertise an emergency telephone number for receiving complaints on a 24 hour basis concerning animals described in paragraph (1) 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) The Corporation shall develop, with the approval of the Department, a customer service quality assurance program which monitors customer satisfaction with services provided by the Center of Animal Care and Control and the quality of these services.

6) Seizure and transportation services shall be provided in accordance with applicable City, State, and Federal laws.

7) 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 or acceptance. In the case of unlicensed dogs so seized or accepted, ant in the case of not-exotic cats, if they are not claimed and redeemed within forty-eight (48) hours after seizure or acceptance, they may be adopted or otherwise disposed of in accordance with applicable law.

8) The Corporation shall notify the owners of licensed dogs and cats with identification collars when such cats or dog 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.

9) All animal care and control and seizure personnel shall be pre-immunized 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.

10) 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 holiday.

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, the Corporation shall provide personnel and equipment necessary for on-call animal emergency response services 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 rabies, as necessary. 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 normal 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 o regulated hazardous and/or medical waste pursuant to all federal, state and local laws.

2) The Corporation shall operate animal shelter facilities in the boroughs of Manhattan and Brooklyn. The Manhattan shelter will be open to the public 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 to the public on a 5 day a week, 8 hour a day schedule excluding holidays and will house animals on a 7 day a weeks 24 hour a day schedule. Both shelters will hold animals and care for such animals in conformity with all applicable laws

3) All professional care provided at the animal shelter facilities and at receiving facilities shall be under the direct supervision of a shelter veterinarian, who must be a graduate of an American Veterinary Medical Association accredited veterinary 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 a means of placing animals. For all adopted dogs that will be kept within New York City the Corporation shall dispense a dog license application. For all adopted dogs and cats the Corporation shall provide, or cause to be provided, spay/neuter 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 rabies or other zoonotic diseases for submission to either the New York State Department 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 Department of Health. Processing and taking of specimens for rabies testing shall include appropriate infection control, sterilization of all instruments and Contaminated surfaces as a result of preparing the animal specimen for examination, and proper disposal of hazardous infectious, and medical waste.

8) The Corporation shall coordinate all intake, management and disposition of animals through an automated system of hardware and software as specified and provided by the Department. Notwithstanding the above requirement, the Corporation shall remain responsible for all record keeping functions elsewhere specified.

9) 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 reports: 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 reasons for such actions The Corporation shall prepare periodic reports on these and other statistics and operating information as shall be specified by the Department.

10) The Corporation shall provide, or cause to be provided, spay/neutering services to eligible animals prior to placing animals for adoption as a means of controlling the animal over-population problem in New York City.

11) 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 the owners.

12) The Corporation shall hold, by order of the Department or the Police Department of the City, any animal suspected by the Department of being vicious or a threat to the public health until a Departmental decision, pursuant to applicable law, is made regarding the disposition of that animal.

13) The Corporation shall enlist the aid of volunteers and shall conduct education and community outreach concerning animal control and public health issues related thereto.

14) All shelter personnel who will handle or be in contact with animals suspect of rabies must be pre-immunized again rabies according to recommendations appearing in Table 3. Rabies Preexposure Prophylaxis 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.

15) The Corporation shall develop, with the approval of the Department, a customer service quality assurance program which monitors customer satisfaction with services provided by the Center of Animal Care and Control and the quality of these services.

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 appropriate 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. Animals 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 additional hours are 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 Receiving Facilities must be open to the public to accept animals on a five (5) day a week, eight (8) hours a day schedule on a year round basis, exclusive of holidays. The Staten 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 such additional hours are 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, water, space, exercise, light and ambient temperature.

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 Prophylaxis Guide. 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.

Approved: /s/ Richard A. Naeder
Assistant Commissioner of Finance

[detailed breakdown to come]