CONTRACT NO. 2010-2011 DOG CONTROL, RRS ONTRACT is made this 30 day of Dee in the year of 200% efes a COUNTY COUNCIL of PO Box 588, Ceorgelewn, Delowers icoee hereinafter referred to as "Council, KENT of “AND- COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. 32 Shelter Cire. Camden, Delaware 19934, hereinafter referred to {as "Contractor", THE PARTIES AGREE AS FOLLOWS: Emma Fered. Beginning on Jaway 1, 2010 and ending on December 3, 2010, {amie shall provide the services deseibed in Exhibit A attached tots Conary Gousideraton tn consideration of Contractor's performance of this Contact, Coune seat fo Contractor the total sum of $671,750.00. Payments to Contracey dere made as follows: ‘A. Payments shall be made in 12 monly allotments 5. Ne payments shal be made witout Contactor submiting & monthly invoice on PO Ber st, at iy of each month to Mr. Eddy. Parker, Astesment Drnaon PO Box 589, Georgetown DE 19947 © Gouna sal authorize and proces th payment fr each monthly invoice within Ahitty days afer the date of receipt of «correct monthly involeg Eitasions A maximum of to extesions ofthis Contract are allowed, Extensions Extensions ‘88 at the option and approval ofthe Council, Zs for Performance, All work described inthis Contract shall be completed with Teasonable prompiness. As used in this paragraph,Stete eseribed inthis Contract, F _Aty animal shelters maintained andor run by Contactor shall have a shelter Shel be pakeeg nila enforcement and shelter management. All shelta ui? Rll be trained to handle dogs and give them humane Leatment, G+ None of the work or services eovered by tis Conte shel be subcontracted H.Contacior shall abide by the Bqual Employment Opportunity Aet of 1972 and 1995, {iiemnlt | Conracto shall indemnity and bod harmles the Coun al its agencies, ina eestve agents, employes, sucesors, and astgnsaguiat mn a claims for Oy tf ie or damage tor os of we of property cased o aened wr ‘caused, ‘The Contractor Is presumed to know and shal tity comply with all National, cy County laws and City or Town ordinances and reguiations in ‘any manner affecting mre Conduct called for in this Contract, Contractor shal indemnity and hold armless the Council, all ts agencies, their respestcg agents, employees, based ancy ant assions thereof against any dai or tabiny, arising from ot Gag24 upon the violation of any such laws, ordinances, regulations, orders or decrees whether by Contractor or is employees,10. teers Steamstanes shall monies be de the Contcor inthe ‘open market be deisel per tzin Below contract cost. Any monies charge tothe Conner may Ynsurance, Contractor shall have insurance at its own cost and expense as follows: A Comprehensive General Liability $1,000,000.00 per Person/$3,000,000.00 per occurrence, 5 Atometive Lsbily covering all auomcbiles used fo ths Contract with timits soa st tes $100,000.00 each person and $300,000.00 sack es 0 folly injury and $25,000.00 as o propery damage Before any work is done under this Contact, tie certieste of insurance and/or eed nit me Palces, referencing the Contact number sated hoch wea be filed with the Council D. The centiticate holder is a follows: Administrator, Sussex County Council Contract No. 2010-2011 Dog Control Mr David Baker Sussex County Couneit PO Box $89 Georgetown DE 19947 Maen and each individual member ofthe Counc! shall be named es a additional insureds, F.Conneit shall approve aay cancellation or material changes of any of these insurance policies, m Metaer Clause. This Contract is intended by he partion as a final expression no contact may not be modiied, rescinded, walved or horsya te orally, and provisene wan. Fescission, termination ‘or attempted. wane ee ‘any tems, atc condons thereof (including this paragraph) shalee an Unlass in any care Signed By the parties hereto. This Contact sah nes ‘merged into ‘any other Contract or writing ‘Termination of Contract, eget sons or trough any caus, the Contactor fis to ful ina timely atl oper manner its obligations or ifthe Contactor vila any terms of this Caaimet the Council shall have the right to teminate the Cannas by giving date then oat Consractor of such termination and spectying the ene ‘ate thercof, at east five days before the effective date of ok termination, 314, 18. 19. 20. BT Council may terminate this Contract at any time by siving writen notice of before tention and specifing the effective date thereof, atleast sate days before the effective date of such termination, Bach ty cits 0d, te or unfrescen catastrophe beyond citer pects eens casa shal not the ether in writing ofany situation Ut may mere performance lunder the terms ofthis Contract. Females | Except as otherwise provided in this Contract, al claims, counterclaims, sre other mater in question between the Counll andthe Come arising out port ating to ths Contactor a breach oft may be deided sy een if the Delaware Sal A or in a court of competent juristcion witin ie ease Delaware Walver In Writing. This Contract can only be waived by agreement of the Parties in witing signed by both partes, Amendments, This Contact may be amend, in writing, by mua agreement of the partes, EEREBELL This Contract shall not be assigned except by writen consent fom the Counei exeting Law, This Contract shall be governed by the laws of the Stato of Delaware, Authorship. This Contract isthe product ofthe paties and no Conclusion shail Be drawn as tits drafter in the event of any dspure Gountorparts, | This Contract may be executed in one or more separate Contin" €#h of which shall bo deemed to be an orgingl ‘copy of this 421. Headings. The headings of the paragraphs are for convenience only and are Not part ofthis Contract. 22. Severability, Tho illegality or unenforceabilty of any provision of this Contract Shall not in any way affect or impair the legally or enforceabily of the remaining provisions of this Contract. 75. Time ofthe Essence. In performance of the transactions contemplated by his Contract or any document, instrument, or agreement referred to herein, tine te of the essence, IN WITNESS WHEREOF, the partes have executed this agreement on the day ‘and year first written above, SUSSEX COUNTY COUNCIL on ips Printed Name and Title) KENT COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC, ‘oeaaaaseaae oMSQWO—S neu, Wiiness Neeaen$. GaN” fx ( Printed Namo and Tile)SERVICES: ‘To furnish services as indicated below in accordance with standard ‘commercial practices for Sussex County inthe State of Delaware forthe period Jansary 1, 2010 through December 31, 2010 for a contract fee of $671,750, A. Canines willbe impounded by Kent County SPCA/Delaware Animal Care & Contsl ‘Animal oficers, as requested by the County of Sussex and/or Sussex County ‘residents fr dog control [AW House Bill 233 ~DE Code Part I,Title9, and Ttle7 Part 1, SubChep 17. B. Dogs that we subject to Delaware Code Title 7, Chapter 17, §1730, “Dangerous and Potentially Dangerous Dogs” willbe impounded and investigated by Animal Contral fr rabies inoculations and prosecution. Dogs boarded as a result ofa bite upen a human willbe kept in quarantine for a period determined by the Department cf Public Heal. Housing fees willbe in accordance with the proviions in § 1757 C_Providea 21-hour dispatch and communications service for public complaints and ir sarvices. Provide ata minimum of 6 Officers to cover a 7 day a week, 24-hoer daily span of serves, which will include an “On-Call!” status through late night hours. D. Swray-at age dogs willbe picked-up, trapped ani/or disposed of LAW Delawre ‘Law; citiza complaint a danger to the community, oF as requested by the Coanty. E. Owner *ssorendered “dog{) will be accepted bythe KCSPCA. Since it is neta ‘stray. but ovner relinquishmnent upon acceptance, the animal can Be accessed for ‘adoption vithout a “Holding” period. An admission fee may be charged urd wil ‘be atthe ovner's expense NOT the responsibilty ofthe count. F._KCSPCA will provide pick-up transportation, during normal business hours, fr senior or handicapped residents, who need to surender their dog, but donot have ‘ranspoctaion. . An admission fee may be charged and willbe atthe owner's ‘expense NOT the responsibilty of the county. 'G. Provide dily patrols seven days a week and as required throughout Sussex County to include folow-ups in known trouble areas for stays and/or personally owned pts at lage. Zubr A, \Provide aloption hours and sheer aceass to the public fr adoptions of unclaimed animals and/or transfer to other suitable reseue or other approved shelters for adoptions, Perform tshavioral evaluation, euthanasia and/or disposal of unclaimed animals as needed, Provide aimal emergency fist side, medical cae and support for injured sty canines bmught in by Animal Control o the publi, Investigats Canine Abuse as DE Code allows, Kennel inspections and provide licensing ad rabies inoculation checks and cite pet owners a required by law. Provide ov call emergency services listed above during ater-dlatk hours and/or as requestedby other county agencies, ‘Maintain nd provide 24-hour Animal emergeney/dsastr response and recovery ‘teams with mobile field sheltering and medical services. Provide LowiNo cost sterilization and clinical services forthe public ‘Conduct No/Low Cost Rabies inoculation, Microchip ID and Dog Licensing for the gereral public, Educate and provide literature on animal care and laws trough our community policing asf humane education programs. (see attached examples in original ‘proposal picket) Post stray nd/or lost dogs on our website for easy acces by the public, R_ Provide rewired reports and bling for charges incurred during the period starting Famuary 01~ December 31,2010 or asthe contract agreement allows