INTERLOCAL AGREEMENT FOR ANIMAL SHELTERING SERVICES

BETWEEN WAKE COUNTY AND CARY, N.C.

This Interlocal Agreement (“Agreement”) is entered into this ___ day of ___________, 2008, by and between CARY, NORTH CAROLINA (“Town”) a municipal corporation and public body politic of the State of North Carolina; and WAKE COUNTY, NORTH CAROLINA (“County”), a public body politic and corporate of the State of North Carolina.

WHEREAS, animal control is an important governmental function, and one which can be the subject of an interlocal agreement between units of government under G.S 160A-460 et seq., and

WHEREAS, the Town employs animal control officers to enforce the Town’s animal control ordinance in the Town’s jurisdiction, and

WHEREAS, Town has been taking captured animals to the Lost and Found Center operated by the SPCA of Wake County, and the County has been reimbursing Town approximately $64 per animal upon presentation of SPCA invoices for services provided; and

WHEREAS, the County operates the Wake County Animal Center (Center) that provides sheltering services for animals taken into custody from all municipalities in Wake County with the exception of the City of Raleigh, the Town of Cary, and the Town of Garner, and

WHEREAS, the Town desires to bring animals to the Wake County Animal Center during fiscal year 2009 after the County has implemented three animal welfare programs desired by the Town; and

WHEREAS, Wake County is willing to implement the three animal welfare programs and to accept animals from the Town of Cary beginning fiscal year 2009 and thereafter,

NOW THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the sufficiency of which is hereby acknowledged, Town and County agree as follows:

ARTICLE I

Purpose

The purpose of this Agreement is to set forth the terms and conditions pursuant to which the Town will continue to deliver animals to the Lost and Found Center operated by the SPCA of Wake County and Wake County will reimburse the Town $67.29 per animal until September 30, 2008.  After September 30, 2008 and upon demonstration that  the County has implemented the three animal welfare programs defined below, the Town intends to bring animals to the Wake County Animal Center and the County will receive and accept animals from the Town at the Center.

ARTICLE II

Roles and Responsibilities

1.  Initial Period – July 1 through September 30.  Beginning July 1, 2008 and until September 30, 2008 (“Initial Period”), the Town’s animal control officers will continue to deliver animals taken into custody to the Lost and Found Center owned and operated by the SPCA of Wake County, Incorporated (“SPCA”).

The Town will pay sheltering fees to the SPCA for animal sheltering services provided by SPCA.  The Town and the SPCA  will contract directly  with each other for this service and the County shall not be a part of such contract.

Wake County shall reimburse the Town for a portion of the sheltering fees the Town pays to the SPCA for sheltering services based on invoices issued by the SPCA to the Town.  The County’s reimbursement to the Town will be limited to $67.29 per animal, and the County’s total reimbursement liability shall not exceed $15,000 for the Initial Period.

During the Initial Period, the County will  implement the following three animal care and welfare programs (‘Programs’) at the Center:

1.      100% animal euthanasia by injection, and decommissioning of the carbon monoxide chamber.

2.      100% pre-adoption sterilization using a foster-to-adopt program.  The foster-to-adopt program will be used for animals that are too young or too ill (as determined by a licensed veterinarian) to undergo the sterilization procedure at the time of adoption.

3.      Development of new animal foster homes in Wake County.  A portion of the newly created animal foster homes will be managed by Wake County and the remainder of the newly created foster homes will be managed by 501(c)3 animal rescue organizations approved by Wake County.

Wake County will use best efforts to have the three programs implemented by September 30, 2008.

2.  Subsequent Period – October 1, 2008 and thereafter.  Beginning October 1, 2008, the County will accept animals from the Town’s animal control officers at the Center. Town agrees that it will begin to deliver animals to the Center beginning October 1, 2008, provided County has implemented the three desired animal welfare programs at the Center.

If, for any reason, after the County has implemented the three desired programs, the Town elects to not  deliver animals to the Center beginning October 1, 2008, then the County will no longer be required to make reimbursement payments to the Town for sheltering fees paid to the SPCA.

If, for any reason, the County does not implement the three desired programs at the Center by September 30^th, then the County will continue reimbursing the Town for sheltering fees paid to the SPCA in accordance with Article I until this agreement is modified or superseded by written agreement of the parties.

ARTICLE III

Term

This Agreement shall commence on July 1, 2008 and shall conclude on September 30, 2008, unless earlier terminated by either party upon 30 days written notice to the other party.

IN WITNESS WHEREOF, the Town Council of Cary and the Wake County Board of Commissioners have approved this agreement and have caused it to be signed by the Mayor and the Chairman of the County Board and attested to by the Clerk of Board in accordance with resolutions of each governing Board spread upon its respective minutes, the year and day first written above.