RES 2017-39 Adopted RESOLUTION NO. 2017-39
A RESOLUTION APPROVING A RESCUE PARTNER AGREEMENT TO MAKE IT POSSIBLE
FOR ANIMAL RESCUE'S TO RESCUE ADOPTABLE STRAY ANIMALS FROM THE NORTH
AUGUSTA ANIMAL CONTROL FACILITY
WHEREAS, the City operates animal control for the safety and protection of
citizens from stray, diseased, and dangerous animals; and
WHEREAS, the City's animal control also provides a service to citizens by
returning lost animals; and
WHEREAS, many stray and surrendered animals are not diseased nor dangerous
and are adoptable animals; and
WHEREAS, there are many rescue groups in the CSRA with a mission to save
adoptable animals from area animal shelters; and
WHEREAS, by partnering with said rescue groups the City could reduce the number
of euthanizations and provide adoptable animals to families in the area seeking a pet; and
WHEREAS, the Rescue Partner agreement provides a mechanism by which area
rescue groups would have access to adoptable animals from the North Augusta Animal Control
Facility and find them forever homes;
NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof
approve the Rescue Partner Agreement and encourage reputable animal rescue's in the area to
partner with the City to reduce animal euthanasia and provide quality pets to those seeking to adopt.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA,ON THIS 18 TH DAY OF SEPTEMBER,2017.
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Robert Pettit, Mayor
ATTEST:
Donna B. Young, City Clerk
Become a Rescue Partner
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Rescue Partner
Application Information and Instructions
North Augusta's Animal Control (NAAC) processes hundreds of lost and unwanted dogs and cats each year. Those
arriving with serious medical conditions or displaying fractious or aggressive behavior may have a better chance at
being adopted if released to a qualified rescue partner who can improve the animal's condition.. It is always
preferred to release dogs and cats to an approved rescue group and help the rescue community promote the animals
to a broader spectrum of potential adopters. Qualified rescue organizations having a current 501 (c) (3) status that
have the ability and knowledge to participate as a rescue partner whose purpose and goal is to help rescue dogs
and/or cats from the shelter, must first complete the attached application and return it to:
Animal Control
Attn: Officer Mike Straus
61 Claypit Road
North Augusta, SC 29841
•All applicants must have a current 501(c)(3)organization
•All applicants shall provide a valid e-mail and mailing address listing all relevant contact names and phone
numbers.
•Correspondence about rescue program updates, special events, and urgent bulletins are distributed via e-mail.
Supporting Documentation
You must attach the following supporting documents when submitting your application:
• Non-profit registration 501(c)(3) and bylaws
• Name, address, phone number and email of the primary animal housing facility and/or foster home (if no facility)
used on a regular basis by your organization
•Current list of your organization's officers with their addresses and phone numbers
• List of ref mnoeawh|oh |ndudeorganizodonoand/orshu|0argnuupoandphnoipa|owhohavemoouedonime|o;
veterinarians used by the organization for the care of rescued animals and any other references as may be
applicable
Rescue Partner Agreement Summary
NAAC endeavors to support rescue partners for the benefit of placing our companion animals into humane
environments. NAAC recognizes the importance of rescue partners as well as protecting the interest of animals
placed in our care and has established specific requirements:
1 A completed and approved rescue partner application must be on file prior to release of any animals to any rescue
partner and/or its approved representatives.
2. NAAC must be notified immediately of any changes in the rescue partner organization, such as location ohangoS,
principle/officer changes, contact information (phone Du0be[S, e-mail addresses), authorized representatives that
may pull animals from the shelter on the behalf of any approved rescue partner.
3. All rescue partner applications will be renewed annually. If NAAC has amended the process or if the rescue
partner has revised any information, a new application will be required.
4. NAAC will only release animals to rescue partner representatives that are listed on the application and been
approved.
5.Communication shall be between authorized rescue contacts and designated NAAC staff.
G. An approved Rescue Partner in partnership with the City is expected to support the mission and efforts of NAAC,
Fa|a8, 0iS|8adiDg, or controversial media, publications, and social media content directed towards NAAC is not
acceptable.
7. Rescue Partner acknowledges that no director, operator, staff, and/or animal caregivers of Rescue Partner have
been charged h}[. convicted of, found guilty of, or entered a plea of nob contendere or guilty to, regardless of
adjudication, animal cruelty, neglect,or abandonment.
8. The Animal Control Officer or when designated, other staff has the sole discretion to determine which animals
may be released for rescue.
9. A maximum of 72 hours from initial contact shall be extended to the approved rescue partner to pick up animals
from NAAC.
10.Applicable fees, if any, paid by rescue partner may vary. Taking into account the number of animals in custody at
the time, staff may decrease or waive rescue fees.
11, If a rescue partner refers a potential adopter to NAAC regarding an animal available for adoption, the normal
NAAC adoption procedures and fees will be followed.
12. Stray animals being held at NAAC during holding period are not available for this program, unless NAAC
approval has been given to place the animal in a temporary foster environment during the stray hold period.
13. In the event an approved rescue partner accepts an intact animal due to medical condition or age, it is the rescue
partner's responsibility to ensure the spay/neuter of the animal and provide written proof to NAAC. Rescue Partner
shall comply with South Carolina law.
14. Rescue partner shall comply with Section 47-5-60 of South Carolina law regarding dog and cat rabies
vaccination.
15. The disposition of all animals obtained from NAAC, as well as all current owner information must be maintained
by the rescue, These records should be available for review should a question or problem with an adoption arise.
16. Rescue partner shall not knowingly adopt a released animal to an owner from whom the animal has been
impounded.
17. NAAC cannot guarantee the health of the animal, or be responsible for any illness transmitted to other animals in
the care of the rescue partner.
18. Rescue partner must agree to an inspection of all animal housing facilities by a representative of NAAC.
19. All rescue partners and their pre-approved representatives must reside in a ^pet3 allowed" living situation and
shall comply with local zoning ordinances regarding the number of animals permitted and facility requirements.
20. All rescue partners must comply with Chapter 5 of the City of North Augusta Code of Ordinances.
21. Failure to adhere to these procedures may result in written termination of this agreement.
22. NAAC reserves the right to deny any application.
I UNDERSTAND THAT NAAC DOES NOT RELEASE ANY ANIMALS DEEMED TO BE AGGRESSIVE
I have received and agree to abide by the summary of requirements listed above:
Note this section serves as a summary only. The Terms and Conditions portion of this application must also be
signed and abided by to remain an approved Rescue Partner.
Organization's Name:
Signature Date
Print Name and Title
Rescue Partner Application
Organization Information
Organization Name
Facility Address City State Zip
Primary Contact
Home Phone Mobile Phone
Email
Secondary Contact
Home Phone Mobile Phone
Email
Website
ClinicNeterinarian Information
Clinic/Veterinarian Name
Address City State Zip
Phone Mobile Phone
Please indicate the healthcare your organization provides to rescued/fostered animal:(check all that apply)
Veterinary exam Treatment for skin conditions Behavioral screening&training Spaying&Neutering
Standard Vaccinations Dental cleaning/treatments Heartworm testing/preventative Heartworm treatment
Special Diets Feleuk/FIV testing Parasite Control Surgeries
Persons authorized to Pick-Up and Transport Animals on Behalf of the Organization
(1)Name
(2)Name
(3)Name
(4)Name
Terms and Conditions
1. Definitions
a. City- City of North Augusta, a political subdivision of the State of South Carolina through its governing body, the
City of North Augusta City Council.
b. Rescue Partner - A non-profit organization, which has been approved by NAAC according to established
operational standards. New groups must be able to effectively demonstrate their ability.
2.Availability of Animals
A Rescue Partner may acquire animals housed at the City's animal shelter. The Animal Control Officer or when
designated, other staff has the sole discretion to determine which animals may be released for rescue. Animals
rescued by the Rescue Partner shall become the sole property of Rescue P8rtOe[, subject to the terms and
conditions set forth in this agreement. Rescue Partner shall maintain a current list of any individuals authorized to pull
an animal on the behalf of the Rescue Partner and submit the information directly to Animal Control. Animal Control
reserves the right to reject the approval of any individuals selected to come into the shelter to pull an animal.
Representatives of Rescue Partner are expected to respect the operational protocols in place when entering the
shelter facility to pull an animal.
3.Costs and Sterilization Requirements
Rescue Partner, that obtains and places for adoption fully-vetted animals from the City's Animal Shelters, shall pay
the City the amount required by Section 37.61 of the City of North Augusta Administrative Code, as may be amended
from time to time, for each animal acquired from the City that is fully V3cciOat8U. sterilized, and licensed at the time
the animal is acquired. Rescue Partners having on-site clinics and full surgical facilities may accept unsterilized
animals from the City, at no cost, provided the sterilization is completed prior to the adoptions and/or release of said
animal. Rescue Partner shall comply with Section 47-3-480 if South Carolina law. For Rescue Partners who do not
have surgical facilities, if an animal has not been sterilized upon release to Rescue Partner, Rescue Partner agrees
to sterilize the animal within 30 calendar days, unless the animal is not medically subject to sterilization during that 30
day period, as determined by a licensed veterinarian. In such case, the animal must be sterilized as soon as
sterilization is medically permissible. The animal shall be sterilized by a licensed veterinarian at Rescue Partner's
expense, and at no cost to the City. In the event that a third party adopts an animal before It has been sterilized,
Rescue Partner shall collect from that third party a refundable deposit to guarantee that the animal will be sterilized
within 30 days of adoption, or as soon as the animal is medically subject to sterilization as determined by a licensed
veterinarian. Rescue Partner further understands and agrees that (a) failure to timely sterilize the animal shall
immediately entitle the City to recover possession and ownership of the animal without further process; (b) If any
animal under the care of Rescue Partner is used for breeding, Rescue Partner shall be deemed to have breached
this Agreement; and (c) proof of sterilization compliance for each animal must be acknowledged with a veterinarian's
signature, shall include the animal history number, and be provided to the City.
4.Vaccination Requirements
Rescue Partner shall comply with South Carolina Law Section 47-5-60, if an animal has not been vaccinated against
rabies upon release, Rescue Partner agrees to vaccinate any animal 4 months of age and older and provide a rabies
vaccination certificate, "Rabies Vaccination Certificate" of the National Association of State Public Health
Veterinarians or an equivalent form approved by the City.
5. Care, Facility Requirements and Right to Reclaim
Rescue Partner shall provide the animals obtained from City with proper and sufficient food, fresh water, shelter,
sufficient medical care and treatment, and companionship. Rescue Partner shall maintain a kennel, shelter, or other
suitable facility for animals received from the City while the animals are in the process of rehabilitation or placement.
Rescue Partner shall provide City with the location(s) of the animals, and City hereby reserves the right to inspect
any and all facilities, including temporary foster placements where the animals are housed. Rescue Partner shall
comply with all applicable provisions of the City of North Augusta Code and South Carolina Statutes relating to the
care of animals, and shall maintain all applicable local zoning, occupational, and other licenses for keeping of
animals. Upon City's finding that Rescue Partner failed to provide animals with proper and sufficient food, fresh
water, and shelter, is otherwise neglecting or mistreating the animals, or is keeping animals in violation of local
zoning regulations, City shall be entitled to immediately recover, without further process, possession and ownership
of all animals obtained by Rescue Partner from City. City may, within its sole diSC[eh0O, subsequently terminate this
Agreement.
6. Qualifications of Rescue
Partner Rescue partner shall at all times maintain its status as a tax exempt organization pursuant to 26 U.S.0
501(C)/3\' specific to being an animal rescue organization and having all appropriate licenses and registrations
required by the South Carolina Department of Agriculture and Consumer Services, the South Carolina Department of
State Division of Corporations, and any other federal, state, or local agencies. Rescue Partner shall be reasonably
qualified to perform all responsibilities associated with the care of special needs, infirmed or at-risk animals removed
from the shelter.
7. Limitations
Rescue Partner shall ensure that animals received from City are not disposed of to any medical school, oo||eg9.
university, porSOn, association, corporation or individual for experimentation or vivisection purposes, or to any
person, firm, corporation or individual p0VidiOg. selling, or supplying animals to any medical school, c0U8ge,
university, person, association, corporation or individual for experimentation or vivisection purposes. Rescue Partner
shall not release animals to a person or organization owning or having control of more animals than is authorized by
local building and zoning codes. Rescue Partner shall not knowingly release any animal obtained from City to any
rescue group or other organization or entity not in good standing with NAAC.
8.Term
Rescue Partner shall submit an application and terms and conditions on an annual basis and indicate any changes in
|ouatinn,foster caregivers, vo\o, staff, etc.
9. No Convictions for Animal Cruelty
Rescue Partner acknowledges that no director, oper@tor, o\aff, and animal caregivers of Rescue Partner have been
convicted of, found guilty of. or entered a please of nob contendere or guilty to, regardless of adjudication, animal
nrue|1v, neglect, or abandonment. Rescue Partner further acknowledges that no director, 0p8nak)r, staff, or animal
caregivers that house the animal as a third party for the Rescue Partner have not been charged for, convicted of,
found guilty of, or entered a plea of nob contendere or guilty to, regardless of adjudication, animal cruelty, neglect, or
abandonment.
10. Social Media
As a partner of NAAC, an approved Rescue Partner is expected to support the mission and efforts of the Animal
Control. Unless approved to be a participant in a scheduled public event a Rescue Partner is not authorized to
independently represent the Animal Control on social media sites, post or allow posted information that is determined
to be false, misleading or controversial towards the Division.
11. Independent Contractor
Rescue Partner is an independent contractor under this agreement. Services provided by Rescue Partner pursuant
to this Agreement shall be subject to the supervision of Rescue Partner. In providing such services, neither Rescue
Partner nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint
relationship is created hereby. City does not extend to Rescue Partner or Rescue Partner's agents any authority of
any kind to bind City in any respect whatsoever.
12.Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless
contained in a written document prepared with the same of similar formality as this agreement and executed by the
City and Rescue Partner.
13. Jurisdiction,Venue,Waiver of Jury Trial
This agreement shall be interpreted and construed in accordance with and governed by the laws of the State of
South Carolina. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this
agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusive in
the state courts of the Seventeenth Judicial Circuit in City of North Augusta, South Carolina, and venue for litigation
arising out of this agreement shall be exclusively in such state Cnurtn, forsaking any jurisdiction which either party
may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT,
RESCUE PARTNER AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT
14.Compliance
With Laws Rescue Partner shall comply with all applicable federal, state, and local laws, codes, Onjinances, rules,
and regulations in performing its duties, responsibilities, and obligations pursuant to this agreement.
15. Severance
In the event a portion of this agreement is found by a court of competent jurisdiction to be invalid, the remaining
provisions shall continue in effect.
16. Release, Indemnity, and Waiver of Liability
Rescue Partner agrees to release, waive, diuuhargo, and covenants not to sue City of North Augusta, its officers,
agents, and employees, from and for any and all liability of claims for damage or injury that may be sustained by the
Rescue Partner directly or indirectly in connection with, or arising out of the rescue activities contained in this
agreement whether caused in whole or in part by the negligence of City. Rescue Partner further agrees to release,
indemnify and hold harmless the City, its officers, agents, and employees from any and all liability, losses, or
damages, including attorney's fees and costs of defense, as a result of any claims, demands, suits, causes of action,
or proceedings of any kind of nature whether known or unknown, arising out of, relating to, or resulting from the
adoption,care, ownership, maintenance, retention,temperament conduct or condition of the animal(s).
17.Assignment and Performance
Neither this agreement nor any right or interest herein shall be 8sSigO9d, transferred, or encumbered without the
written consent of the other party. Notwithstanding anything else in this Agreement to the C0Otr8ry. City may
terminate this agreement, effective immediately, if there is any ossignment, or attempted assignment transfer, or
encumbrance, by Rescue Partner of this agreement or any right or interest herein without City's written consent.
18.Audit Right and Retention of Records
City shall have the right to audit the books, records, and accounts of Rescue Partner that are related to this
agreement. Rescue Partner shall keep such boukn, neoVndo, and accounts as may be necessary in order to record
complete and correct entries related to this agreement. All bonkn, oec0odS, and accounts of Rescue Partner shall be
kept in a written form, or in a form capable of conversion into written form within a reasonable time, and upon request
to do so, Rescue Partner shall make same available at no cost to City in written form. Rescue Partner shall preserve
and make available, at reasonable times for examination and audit by City, all financial oeCUndS, supporting
documents, statistical records, and any other documents pertinent to this agreement for the required retention penod
of the South Carolina Public Records Act Chapter 119. South Carolina Statutes, as may be amended from time to
time, if applicable, or if the South Carolina Public Records Act is not applicable, for a period of 3 years after
termination of this agreement. If any audit has been initiated and audit findings have not been resolved at the end of
the retention period or 3 years, whichever is longer, the books, records, and accounts shall be retained until
resolution of the audit findings.
19. Termination
Either party may terminate this agreement with 30 days' notice. The Director of the Division has the discretion to
auapnnd, or terminate the relationship with a Rescue Partner for any reason. A Rescue Partner that has been
suspended will not be considered for reinstatement or permitted to obtain animals until the infraction resulting in the
suspension is corrected to the satisfaction of the Division. An appeal of any suspension or termination may be made
to the City Administrator upon written notice to the Administrator within 10 calendar days of the
suspension/termination.
I certify that I have answered the above questions truthfully on behalf of the organization listed above, I authorize City
of North Augusta to contact any person/entity listed in this application or its attachments for reference and verification
purposes. I understand that approval of the application of an organization to serve as a rescue partner with North
Augusta Animal Control is at the sole discretion of the City of North Augusta.
I have had an opportunity to review this agreement and knowingly and voluntarily agree to be bound by the terms
and conditions,
I hereby represent and warrant that I am duly authorized to execute this agreement on behalf of the organization and
do so with full legal authority.
Signature/Title Date
OFFICE USE ONLY
Application Reviewer:
NAAC Rescue Signature Date
Application: Approved Declined