HomeMy WebLinkAboutAgenda - 10-07-2008 - 4hORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 7, 2008
Action Agen
Item No. ~~
_SUBJECT: Animal Services Community Spay/ Neuter A reement with AnimalKind
DEPARTMENT: Animal Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
AnimalKind Agreement Bob Marotto, Director, 968-2287
$20 Fix Brochure/ Application Ross Oglesbee, J.D., Chair, Animal
Community Spay/Neuter Fund Services Advisory Board, 966-0599
Memorandum
PURPOSE: To request the approval of an agreement between Orange County and AnimalKind
in the amount of $15,000 that would be expended in the current fiscal year for the spay and
neuter of pets belonging to low income Orange County residents, both those who are clients of
the Department of Social Services (DSS) and those who are not.
BACKGROUND: This agreement is based on an evolving relationship with AnimalKind, as a
part of their regional effort to promote private/public partnerships to end the needless
euthanasia of animals. The County's Department of Social Services (DSS) has agreed to
collaborate with the Animal Services Department as it partners with AnimalKind, and the
agreement is based upon distinguishing between residents that are clients of DSS and other
low-income residents that are not DSS clients.
For those residents who are clients of DSS programs such as Food Stamps and Medicaid, DSS
will send out a notice and identify those pet owners who wish to have their pets spayed or
neutered through AnimalKind. Those residents will apply directly to Animal Services and will
receive a "no-pay" voucher, which will not require a co-pay at the time of service. This is at the
recommendation of DSS, which has determined that any co-pay would be a deterrent to
participation, given the state of the economy. The average County cost of each surgery for the
pets of DSS clients will be $95.
Other residents of Orange County who are not DSS clients but who still meet the eligibility
requirements for AnimalKind can apply directly through AnimalKind for the $20 Fix. Residents
in this group will qualify if they are at or below 125 percent of the poverty level for the number of
persons living in their household (see attached brochure). These residents will receive a
voucher from AnimalKind and be required to pay a $20 co-pay to the veterinarian at the time of
their pet's surgery. The average County cost for these surgeries will be $75.
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It is the opinion of Animal Services staff and the Animal Services Advisory Board (ASAB) that
this program is good public policy, good fiscal policy, and a wise investment of economic
resources. Ultimately the issue of overpopulation and euthanasia cannot be addressed through
adoption and placement alone. It must be addressed at its root -namely, the reproduction of
unwanted litters of animals. A decrease in unwanted numbers coming in to the shelter will
equate to a decrease in the number of animals the shelter must care for each year, saving the
County and its residents the costs of caring for those animals.
FINANCIAL IMPACT: The $15,000 for this agreement comes from the Community
Spay/Neuter Fund created by the BOCC in FY2007-08 from the increased pet licensing
differential. As of July 1, 2008, the fund contained $24,910.50 and the amount staff expects to
collect in FY2008-09 should be even greater.
The cost of the County offering this type of program on its own, just examined .from the
prospective of needed human resources, would be prohibitive. It would not be possible to
organize the veterinary services needed, nor the time and human resources required to
effectively manage and oversee such a program. Under the agreement, AnimalKind receives a
$5 administrative fee as part of the cost for each surgery, considerably less than the resources
that would be needed for the County to provide a service of equivalent value. A public/private
partnership of this kind will make it possible to provide services that the County would otherwise
be unable to provide, greatly benefiting the residents, pets and taxpayers of Orange County.
It is critical to underscore the return on investment that such collaboration will offer. With
spay/neuter services provided to more residents of the County and fewer animals coming into
the shelter in the medium and long run, it will not only decrease the number of animals
euthanized in the County, but also the costs incurred by sheltering these animals in the coming
years and decades. It is expected this agreement will cover the costs of approximately 175
spays and neuters for the pets of low income residents in the first year, and in the longer run, it
is expected this number to be in addition to those funded by AnimalKind's own fundraising
efforts.
RECOMMENDATION(S): The Manager recommends that the BOCC approve the agreement
between the County and AnimalKind for the current fiscal year in the amount of $15,000 for the
spay and neuter of pets belonging to low income Orange County residents and authorize the
BOCC Chair to sign the agreement subject to final review by staff and the County Attorney.
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NORTH CAROLINA
ORANGE COUNTY
ANIMAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of
2008, by and between Orange County, North Carolina (the "County"), party of the first
part; and AnimalKind, Inc., a North Carolina Non-Profit corporation (the "Provider"),
party of the second part;
WITNESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the
County hereby contracts for the services of the Provider, and the Provider agrees to
provide the services to the County in accordance with the terms of this Agreement.
I. SERVICES TO BE PROVIDED
The services to be performed by the Provider shall be as follows: (1) Administer
a pet spay/neuter financial assistance program for low-income Orange County
residents; and (2) providing vouchers that enable qualified residents to spay or neuter a
pet for $20 or less. The Provider will use funds paid pursuant to Section III of this
Agreement to supplement Provider's existing "$20 Fix" program. The funds payable
pursuant to Section III of this Agreement must be used on applicants residing in Orange
County.
Provider shall partner with licensed veterinarians to deliver the spay/neuter
surgeries. It is understood that Provider will have the sole responsibility for locating,
contracting and otherwise providing spay/neuter options through veterinarians and
veterinary clinics. County shall not be required to enter into any agreements with
veterinarians or veterinary clinics for the provision of syay/neuter services contemplated
by this Agreement. Provider hereby represents and warrants to County that all
veterinarians performing services for clients as contemplated by this Agreement have in
force veterinary medical malpractice insurance of commercially reasonable policy limits
which will cover acts of veterinary medical malpractice in such amounts as to provide
adequate coverage prior to allowing any such veterinarian to perform services for clients
as contemplated by this Agreement. Provider shall retain evidence of such insurance
for each veterinarian who performs services contemplated by this agreement and such
evidence of insurance shall be provided to the County upon request The Provider
agrees to defend, indemnity, and hold harmless Orange County from all loss, liability,
claims or expense (including reasonable attorney's fees) arising from the services
required or contemplated herein (including the provision of animal medical services by
Provider's contractors, assignees, employees and agents).
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II. Term
The services of the Provider shall begin on the day of
2008, and shall be provided until June 30t", 2009.
III. PAYMENT
Provider shall submit an invoice to the County for services provided on a monthly
basis. The invoice shall contain Provider's name and federal tax identification number
and shall be signed and dated by an officer of Provider. Invoices should be sent to:
Orange County Animal Services
501 West Franklin Street, Suite 106
Chapel Hill, NC 27516
Invoices shall detail all services provided in payment requests. The County will make
payments to Provider on the schedule below upon receipt of and approval of the invoice
by the Animal Services Department. The total amount paid to the Provider during the
contract period shall not to exceed fifteen thousand dollars ($15,000).
The County shall pay the actual cost of surgery up to but not to exceed the
amount of Seventy Five Dollars and 00/100 ($75.00) for each spay/neuter surgery
arranged by Provider on behalf of Orange County residents who make a co-pay for the
sterilization of their pet. In no event shall the co-pay required from the County resident
exceed the amount of Twenty Dollars and 00/100 ($20.00). It is understood that for
each spay/neuter surgery performed pursuant to this Agreement that Provider shall
receive and review all submitted applications and issue vouchers to those individuals
who qualify. These vouchers are to be used exclusively with veterinarians who have
existing contracts with Provider and that have provided Provider the insurance
information required herein. Provider will pay the veterinarian the cost of the surgery
directly, and County shall have no liability or other obligation whatsoever for payment of
costs associated with surgery or other procedures performed by veterinarians whether
or not the County is obligated to reimburse Provider for these services pursuant to this
Agreement. Invoices to the County will reflect actual costs charged by veterinarians to
Provider but shall not exceed $75 per surgery
For residents who qualify through the Department of Social Services to receive
surgeries without a co-pay to AnimalKind, the County will pay up to but not more than
$95 per spay/neuter surgery. It is understood that the County Department of Social
Services residents will determine in its exclusive discretion which individuals qualify for
full coverage surgeries (no co-pay). Animal Services will have sole responsibility for
coordinating with the Department of Social Services to make information known to their
clients about the "no cost sterilization" for dogs, cats and other small animals. Invoices
to the County for services performed on behalf of individuals that qualify for the no co-
pay service will reflect actual costs charged by veterinarians to Provider but shall not
exceed $95 per surgery.
IV. RELATIONSHIP OF PARTIES
Provider is an independent contractor of the County. Provider represents
that it has or will secure, at its own expense, all personnel required in performing
the services under this Agreement. Such personnel shall not be employees of or
have any contractual relationship with the County. All personnel engaged in work
under this Agreement shall be fully qualified and shall be authorized or permitted
under state and local law to perform such services. It is further agreed that the
Provider will obey all State and Federal statutes, rules and regulations that are
applicable to provisions of the services called herein. Neither Provider nor any
employee of the Provider shall be deemed an officer, employee or agent of the
County.
AnimalKind shall keep records in a manner consistent with the requirements of
the NC (CARE program and provide these records to the County as needed.
V. CANCELLATION
This Agreement may be canceled by Provider upon thirty (30) days'
written notice to the County, and the County may terminate this agreement upon
thirty (30) days' written notice to Provider.
VI. INSURANCE REQUIREMENTS
The Provider shall obtain, at his sole expense, all insurance required in
the following paragraphs and shall not commence work until such insurance is in
effect and certification thereof has been received by Orange County's Risk
Manager.
Workers' Compensation Insurance, with limits for Coverage AStatutory-
State of North Carolina and Coverage B Employers Liability $500,000 each
accident, disease policy limit and disease Each Employee.
Commercial General Liability -Combined single limits of no less than
$1,000,000 each occurrence and $2,000,000 aggregate. This insurance shall
include Comprehensive Broad Form Coverage including contractual liability.
All insurance companies must be licensed in North Carolina and be
acceptable to the County's Risk Manager. Insurance Policies, except Workers'
Compensation, shall be endorsed (1) to show Orange County as additional
insured, as their interests may appear and (2) to amend cancellation notice to 30
days, pursuant to North Carolina law. Certificates of insurance shall be signed
by a licensed North Carolina agent and be amended to show "thirty (30) days'
notice of change or cancellation will be given to the Orange County Risk
Manager by certified mail."
If an "ACORD" Insurance Certificate is used, the words "endeavor to" and
"but failure to mail such notice shall impose no obligation or liability of any kind
upon the company" in the "cancellation" paragraph of the form shall be deleted.
Copies or originals of correspondence, certificates, endorsements or other items
pertaining to insurance shall be sent to:
Orange County Risk Manager
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If the Provider does not meet the insurance requirements of the
specifications, alternate insurance coverage satisfactory to Orange County may
be considered. Nothing in this section is intended to affect or abrogate the
County's sovereign immunity defenses.
VII. INDEMNIFICATION
Provider agrees to defend, indemnify, and hold harmless the County, for
all loss, liability, claims or expense (including reasonable attorney's fees) arising
from bodily injury, including death, to any person or persons or property damage
caused in whole or in -part by the negligence or misconduct of the Provider,
except to the extent same are caused by the negligence or willful misconduct of
the County.
It is the intent of this section to require the Provider to indemnify the
County to the extent permitted under North Carolina law.
VIII. NON-ASSIGNMENT
Provider shall not assign all or any portion of this Agreement, including
rights to payments, to any other party without the prior written consent of the
County.
IX. ENTIRE AGREEMENT
The parties have read this Agreement and agree to be bound by all of its
terms, and further agree that it constitutes the complete and exclusive statement
of the Agreement between the parties unless and until modified in writing and
signed by the parties. Modifications may be evidenced by telefacsimile
signatures.
X. GOVERNING LAW
Both parties agree that this Agreement shall be governed by the laws of
the State of North Carolina.
ORANGE COUNTY, NORTH CAROLINA ANIMALKIND
By:
By:
Barry Jacobs, Chair, Board of Beth Livingstone, Executive
Director
County Commissioners
Date: Date:
(Mailing Address)
AnimalKind
PO Box 12568
Raleigh, NC 27605
Federal Tax ID# xxxxxx505
This instrument has been pre-audited in the manner required
by the Local Government Budget and Fiscal Control Act.
FINANCE OFFICER
How do 1 use THE $20 FIX
pet spay/neuter program?
1. Complete this application and mall to:
THE $20 FIX, P.O. Box 12568, Raleigh, NC 27605.
If you need help filling out the application, please call
919.870-1660 or email: thefixra7animalkind.ora.
2. You will receive the voucher(s) by mall:
If you are not accepted into THE $20 FIX program, you will be
notified. If your application is approved, you will receive the pet
voucher within 4 weeks. The voucher works like a °coupon" for
your pet's surgery. It is accepted only at participating vets, can be
used for your pet only, and is valid for 3 months.
3. You call a aarticioatino veterinarian to make an
appointment:
You will receive a list of participating vets with your voucher. Call
to make your vet appointment immediately after receiving your
voucher. Appointment space may fill up fast and your voucher has
an expiration date!
Your pet must be at least 3 months old to get spayed or neutered.
Minimum weight varies by vet~enerally 2 pounds for a cat and
2-10 pounds for a dog. (Minimum age for a rabies shot is 4
months.)
The vet will give you instructions for your pet's pre-surgery care
and can answer your questions about the surgery.
4. You take your pet(s) to the vet appointment:
Take cash with vou, You must pay the co-pay amount of
$20 per pet in cash to the vet when you drop off your pet. (Co-
pay includes rabies shot if received.) You should be prepared to
show your picture ID at the vet's office.
Take vour vet's current rabies certificate if you have one. If you do
not have rabies papervvork with you, the vet may give your pet a
rabies shot, as required by law-and the cost is covered by your
co-pay. (The rabies tag is not sufficient proof of vaccination.)
Be on time for your vet aooointment! If you must cancel, be sure
to call the vet several days before the appointment so someone
else's pet can use the space!
Do I qualify for THE $20 FIX
pet spay/neuter program?
You must be a resident of Caswell, Durham, Orange, Person,
or Wake County in North Carolina to participate in THE $20 FIX.
(Please ask us about programs in other areas.)
You must own the cat or dog. THE $20 FIX cannot provide
assistance for stray or feral animals and you cannot apply for
vouchers to use for someone else's pet. (Please ask us about
programs for straylferal animals or pets of residents who do not
qualify for THE $20 FIX but need reduced~ost spaylneuter.)
THE $20 FIX program is for residents who have no other
options for financial assistance for pet spaylneuter. Our funds
are limited so it is important that we serve those who need our
help the most.
College students who receive any financial support from
parents are not eligible for THE $20 FIX unless their parents
also qualify financially. (Please ask us about other discounted
programs available to college students.)
There are two ways to qualify:
1. Enclose a copy of your own Medicaid card. (If you are a
Medicaid participant, you automatically qualify.)
OR
2. Enclose a copy of the last tax return of each aduR In your
household. To qualify without a Medicaid card, the combined
rg oss income (amount before taxes are deducted) for your entire
household must fall within these guidelines:
1-person household (you) ............................ $13,000 or less
2-person household ..................................... $17,000 or less
3-person household ..................................... $21,000 or less
4-person (or more) household ..................... $25,000 or less
Note: Copy machines are often found at libraries, post offices,
drugstores, and office supply stores. If you qualify by income but
did not file taxes, please enclose a note of explanation and your
best proof of income (W-2's, check stubs, etc.).
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919-870-1660
www.animalkind.org
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THE X20 FIX: AnimalKind's Financial Assistance Program for Pet Spay/Neuter
Your Name: Where did you get this application?
Mailing Address: City: State: Zp:
Street Address (if different from your mailing address):
City: State: Zp: In what courrty do you live?
Daytime Phone: Evening Phone: E-mail:
Your Age: Number of Adults in Household (induding you): Number of Children in Household:
Only in extreme dreumstances, AnimallGnd may be able to reduce the $20 co-pay (the amount you pay). ^ YES, have someone contact me about
reducing the co-pay.
Please enclose EITHER a copy of your Medicaid card OR a copy of the last tax return for each adult in your
household. If you quality based on your current income (see bads side of application) but did not file taxes, please enclose a note of explanation
and your best proof of income (W-2's, check stubs, etc.).
Are you endosing a copy of your own Medicaid card? Yes No
Are you endosing a copy of the last tax return for each adult in your household? Yes No
Current household income per month from all sources (the amount before taxes are taken out):
Please list any assistance programs from which your household gets help:
Important note about privacy: The information you provide will not be sold or shared. For additional protection of your private information, please
mark through the Sodal Security numbers on all copies of documents before mailing them. Do not send original documents!
Please list your pets that need spaylneuter surgery:
We cannot issue vouchers for feral or stra cats or do s. Contact us for other resources.
Pregnant? In Heat? Approx. Approx.
Dog or Cat Pet's Name Sex Description or Breed Age Weight
I understand that THE;20 FIX vouchers are for pets owned by me-the applicant. The information I have provided about myself, my pets, and
my household income is accurate and truthful. I have enclosed a photocopy of my Medicaid card or the best proof I have of my total
household income. Fraudulent use of THE S20 FIX program will result in services charged to me at full price and possible legal action against
me and others involved in the fraudulent use of vouchers.
Signature: Date:
Please mail completed application to: THE;20 FIX, P.O. Box 12568, Raleigh, NC 27605. If you need help filling out the application, please call
919-870.1660 ore-mail: thefa~animalkind.oro. Please do not mail payment with application.
(Office use only-Farm 9-22-08) Reviewer: Da#e Approved Denied Professional Referral (NamelPosition/Contact Info):
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Orange County Animal Services
501 W. Franklin St, Suite 106, Chapel Hill, NC 27514 (919) 968-2287
To: Donna Coffey, Budget Director, Orange County
From: Bob Mazotto, Director, Orange County Animal Services
Date: April 10, 2007
Subject: Creating a Community Spay/Neuter Fund from Licensing Fee Increase
io
In light of our very productive discussion of fee increases with the Animal Services Advisory Boazd
(ASAB), staff is proposing that a portion of the increased license fee for intact animals be dedicated to
promoting spaying and neutering in Orange County. More specifically, our proposal is that some or all of
the $20 increase for the license fee for intact animals-which the ASAB recommended be increased from
$10 to $30-be placed in a dedicated and accruing fund that is separate from the Animal Service
Department operating budget.
It is estimated that between $40,000 and $50,000 will accrue from the proposed license fee increase for
intact animals. This estimate is based upon the fact that in the last calendaz yeaz 2039 licenses were issued
for intact animals in Orange County (inclusive of its towns) and for calendar yeaz 2005 that number was
2447. Our estimate assumes that the level of compliance with the County's licensing requirement
remains unchanged in future yeazs (although it should be said that strategies aze being developed to
increase that level of compliance).
With regard to financial support for this proposal, one option is to dedicate all funds from an increased
license fee for intact animals to a fund available solely for the spaying and neutering of cats, dogs and
other animal companions in Orange County. This option is supported by the ASAB, which at its Mazch
meeting unanimously voted in favor of the dedicated use of all such funds. Of course, another option is to
dedicate a specific portion or percentage of funds, say, fifty (50) or seventy-five (75) percent of the sum
total of funds due to the increase in the license fee for intact animals. While there is a definite need to
dedicate all such funds in a progressive community spay/neuter effort, the latter option allows for the
creation of a substantial fund in the event that it is determined that some increased income related to the
license fee for intact animals must be used to offset operating costs.
With regard to fund utilization, one option is to financially support the spaying and neutering of cats, dogs
and other animal companions in Orange County, and to do so with regazd to the demonstrated financial
need of pet owners. This option is supported by the ASAB, which at its Mazch meeting unanimously
voted in favor of such fund usage, stressing the desirability of focusing their use on community members
of limited means. Thus funds would be used to support low-cost spay and neuter programs, whether these
were pursued solely by the Animal Services Department or in partnership with other organizations.
Another option is to define the scope of use of these funds more broadly and flexibly under a fund
heading such as Pet Overpopulation Management Fund. In this scenario, funds could and would be used
to support low-cost spay and neuter programs, but the use of funds would not be limited to the costs of
surgical procedures for spaying and neutering companion animals. Instead, funds could be used for the
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Spay/Neuter Fund Proposal
April l0th, 2007
Page 2
promotion of spaying and neutering in the form of outreach materials and/or a mazketing campaign as
well as some temporary staff support for such outreach and education.
As I believe you are awaze, our Animal Sheltering Division budget currently includes a substantial
expenditure line item for spaying and neutering. As important as these funds aze to our operation and
mission, however, they are not presently utilized for a positive and proactive program (or programs) that
can address pet overpopulation as a community problem. Thus resources from the proposed fund would
augment our present spay/neuter activities which aze integral to but at the same time limited to our
adoption program.
More specifically, the funds in our current budget are committed to ensuring that the animals that we
directly adopt from the County's Animal Shelter aze spayed and neutered prior to their adoption so that
they do not contribute to the problem of pet overpopulation in our community, a very fundamental
commitment to progressive sheltering and animal services. Currently, they aze used to cover the cost of
off-site surgeries that aze performed by veterinary clinics with whom we contract for these services.
It should also be noted that it will be necessary to redefine the use of these funds when we move into the
County's new Animal Services facility at the end of 2008. Specifically, pre-adoption sterilization will
actually be done within that facility, as it will contain a suite for the spaying and neutering of animals that
aze adopted to members of the general public (and conceivably on some cost recovery basis for animals
transferred to various placement partners). To operate effectively within the new facility, indeed, we will
need to directly staff as well as provide effective oversight for our own surgical operations, and our need
will be to cover these costs rather than the costs presently incurred for off-site sterilization surgeries.
In conclusion, the creation of the proposed fund would be a very proactive step toward addressing the
problem of pet overpopulation in Orange County. In the longer run, this is desirable not only from a
humane perspective but in helping to reduce the number of animals that need to be sheltered and the costs
of sheltering unwanted animals in our communities. Pertinent in this respect is that a successful
comprehensive strategy of this kind may help to ensure that the County's new animal services facility has
a sufficient animal capacity for a longer period of time. In this as well as other regazds, the creation of the
proposed fund may be regarded as a very wise investment of available funds.
Cc: Gwen Harvey, Assistant County Manager
Kristine Bergstrand, DVM, Chair, Animal Services Advisory Boazd