CONTRACT

THIS CONTRACT, made and entered into this the _____ day of ___________, 2008, by and between the Town of Cary, a Municipal Corporation (hereinafter called “Cary”), and the SPCA of Wake County, Inc. (hereinafter called the “SPCA”), both of Wake County, North Carolina;

W I T N E S S E T H:

That subject to the terms and conditions hereinafter set forth, Cary employs the SPCA as follows:

1. Except as set forth in paragraph 3(b) below, Cary shall be responsible for having animals which are picked up by Cary Humane Officers delivered to the SPCA Adoption Center at 327 U.S. Hwy 70 East, Garner, North Carolina.

2. The SPCA shall be responsible for handling and disposition of all animals delivered to the Adoption Center either by Cary Humane Officers or by individuals residing within Cary’s corporate limits. The SPCA shall adhere to policies providing for the humane treatment of animals and to applicable State of North Carolina laws, Wake County laws and Cary ordinances, the terms and conditions of which are incorporated herein by reference. Authorized Cary officials shall have the right to inspect the Adoption Center at any reasonable time during the duration of this contract for the purpose of determining whether the terms of this agreement are being carried out. Specifically, the following conditions and standards shall apply to the SPCA Adoption Center. This list is not exclusive, and failure to observe and fully implement these conditions may be grounds for termination of this Contract:

a) There shall be available hot water at a minimum temperature of 140° for washing and disinfecting cages, and cool water shall be easily accessible to all parts of the Adoption Center. Fresh water will be available to all animals at all times. All water and food containers shall be designed so that the animal cannot turn them over, and shall be removable for cleaning. Water and food containers are to be cleaned and disinfected each day.

b) The room temperature at the Adoption Center shall be maintained at a level that is healthful for every species of animal kept in the Adoption Center.

c) All cages and enclosures are to be of nonporous material for easy cleaning and disinfecting. Each cage shall be of a sufficient size so that the occupant(s) will have room to stand, turn, and stretch out to full length without touching any side or top of the enclosure. Enclosures must be provided which allow protection against weather extremes. Cage floors of concrete, unless radiantly heated, shall have resting board or some type of bedding. Runs shall contain an adequate exercise area and include protection from the weather. All animal quarters, runs, cages or enclosures of any sort are to be kept clean, dry, and in a sanitary condition.

d) All animals under three months old are to be fed at least two times per 24 hours, or as directed by a veterinarian. The foods shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.

e) All cages must be cleaned, and all animals must be fed and watered every day, including Sundays and holidays.

f) The SPCA shall examine each animal it receives and shall see that all treatable diseased or injured animals are afforded medical treatment under the direction of a veterinarian (including treatment and eradication of worms, fleas, and ticks). Such examinations shall be done periodically so as to maintain the health of all animals.

g) Euthanasia. Any animal which must be killed shall be euthanized by medical injection.

3. In return for the services it will provide, the SPCA shall receive the following:

a) Sixty seven dollars and twenty nine cents ($67.29) per animal impounded. The fee shall be due for all animals delivered to the SPCA by either a Cary Humane Officer or an individual residing within Cary’s corporate limits.

b) Cary Humane officers will from time to time investigate animal cruelty/neglect or similar crimes. If an animal is picked up as a result of such investigation by Cary, then on a case-by-case basis, a decision will be made by Cary, whether to take the animal to the SPCA, the Wake County Animal Control Shelter or to some other facility. In the event the animal is brought to the SPCA by Cary or if the SPCA is requested to pick up such an animal by Cary, then the SPCA will be reimbursed by Cary for the reasonable costs of maintaining the animal. These costs shall be paid by the Town of Cary on a monthly basis as they accrue. Any funds actually recovered by the SPCA as a result of a court-imposed fine, or restitution following prosecution and conviction, shall be applied to the final costs. Any of the remaining costs not so reimbursed shall then be paid by the Town.

4. The SPCA shall be entitled to charge a reclamation fee from any owner living within Cary’s corporate limits whose animal is delivered to the SPCA and reclaimed by the owner. The SPCA will retain Fifty percent (50%) of the reclamation fee with the remainder returned to Cary. In addition, the owner may be charged the reasonable cost of medical expenses, food and care for the period the animal was held at the Adoption Center.

5. It is understood and agreed by the parties that Cary Humane Officers may from time to time pick up animals which require immediate veterinary attention. On such occasions, the SPCA shall arrange for veterinary attention to be rendered. It is further understood and agreed that the veterinarian bills for such services shall be advanced by the SPCA and Cary, on a monthly basis, will reimburse the SPCA dollar for dollar for all such bills paid, with deductions for those bills paid by the owner of the animals so treated. Veterinary services may be requested by the Cary Humane Officer at the time the SPCA takes possession of the animal or when, in the SPCA’s discretion, it is necessary for the health and well being of the animal to be examined by a veterinarian.

6. The SPCA shall keep accurate detailed records for the handling and disposition of all animals accepted pursuant to this contract and also shall keep accurate detailed records of all money collected, received, and expended in the handling and disposition of said animals. A monthly report concerning the above-mentioned matters will be prepared and forwarded to appropriate Cary officials by the SPCA by the 15^th day of the following month, and such records may be inspected by Cary at a reasonable time and day.

7. The duration of this agreement shall be from July 1, 2008, until September 30, 2008. Failure to comply with any of the terms of this agreement, or violation of any law or ordinance regarding the treatment of animals, shall be grounds for termination by either party following thirty (30) days’ notice. This agreement may be extended on a month-to-month basis until June 30, 2009 at the rate stated in section 3(a) on page 2. The Town of Cary will have 2 weeks to notify the SPCA of Wake County of its intent to terminate this contract at any time between October 1, 2008 and June 30, 2009.

8. This agreement shall be binding on the successors and assigns of the parties with reference to the subject matter of this contract.

IN TESTIMONY WHEREOF, the parties hereto have caused this Contract to be signed and their seals affixed the day and year first written above.

TOWN OF CARY

By: _____________________________________

Town Manager

SPCA OF WAKE COUNTY

By: _____________________________________

Angela W. Banask, President, Board of Directors

By: _____________________________________

Hope Hancock, Executive Director

(SEAL)

NORTH CAROLINA

COUNTY OF WAKE

This is to certify that on the ______ day of ____________, 2008, before me personally came Angie Banask who being by me duly sworn, says that he is the president and Hope Hancock is the executive director of The SPCA of Wake County, Inc., the corporation described in and which executed the foregoing instrument; that he knows the common seal of said corporation; that the seal affixed to the foregoing instrument is said common seal, and the name of the corporation was subscribed thereto by said president, and that the said president and executive director subscribed their names thereto, and said common seal was affixed, all by order of the Board of Directors of said corporation, and that the said instrument is the act and deed of said corporation.

WITNESS my hand and official seal this the ________ day of _________________.

__________________________________

Notary Public

My Commission Expires: _____________

(SEAL)