The Humane Society of the Flint Hills is denying allegations that it is not in good corporate standing with the Kansas Secretary of State’s Office, but its director also says the agency is working to confirm its exact status with the state and will make changes if needed.
A statement emailed to KVOE News from Assistant Lyon County Counselor Michael Halleran states, “the County is concerned that publicly available information shows that the Humane Society of the Flint Hills, Inc., is not a corporation in good standing with the Kansas Secretary of State’s office.”
The Secretary of State’s website shows the Humane Society has forfeited its good standing and has not submitted its annual report since 2019, when Caitlin Flood was Humane Society director before Stephanie Achille came on board the following year. Emporia City Commissioner and Humane Society board member Becky Smith stated to KVOE News the online information is “inaccurate.” She says the Humane Society has reached out to the Secretary of State’s Office and confirmed the Humane Society’s “good standing.”
Achille tells KVOE News she and the Humane Society board were surprised to learn the good standing had been forfeited — at least online.
Achille says the Humane Society could find out its actual status over the next week and will do what it can to get back into the state’s good graces if that step is needed.
Emporia Police Chief Ed Owens tells KVOE News the city is “comfortable with its current arrangement” with the Humane Society, and Achille says the situation with the state should not affect either current shelter operations or the Humane Society’s relationship with the city.
The operations contract, which with the city now runs through April 2024, lists “obtain and maintain appropriate shelter licensing from the State of Kansas” as the Humane Society’s top responsibility, along with maintaining appropriate shelter care, appropriate hours, adequate staff levels, collecting and accounting for all fees, keeping financial records and a host of other responsibilities. The full contract is at the bottom of this story.
Prior to 2015, the shelter and Humane Society had distinctly separate operations. Achille says the current contract “absolutely intertwines” the shelter and Humane Society operations.
KVOE has reached out to the Kansas Secretary of State’s Office for comment on the matter. Those requests have not been returned, but the Secretary of State’s website includes information about submitting reinstatement paperwork, including fees, a special form and annual reports, on its website, sos.ks.gov.
The county’s statement on the Humane Society’s standing with the state is just the latest chapter in a recent saga between two the two entities following the announcement earlier this year that the Humane Society would not renew its contract with the county following its expiration last month, and Achille believes the two situations are separate. Shortly after the late January announcement, Achille stated the agency had offered a “good faith” alteration to the contract that would include $25,000 in additional funding to the shelter and and the use of two quarantine court-hold kennels for the county. Smith claims the Humane Society has offered the county “multiple scenarios with different financial ranges,” including the Humane Society’s final proposal, while Achille says the Humane Society has “negotiated with three different people at the county,” naming Halleran, Sheriff Jeff Cope and Controller Dan Williams. Halleran states, “We were working with the attorney for the humane society and that attorney did not submit any offers to me. I do not know who they were reffering to within the county, but those particulars never reached the legal department.” Williams referred comment to Cope, who says the county met with the city since the Humane Society’s notice of termination to the county last fall. The city agreed to seek the two-month extension but there were no additional conversations between the Humane Society and Lyon County since mid-January.
Humane Society attorney Rand Simmons says he is not at liberty to divulge anything about the negotiations between the Humane Society and the county, whether specifically with Halleran or other county representatives.
In an update to City and County Commissioners this past Wednesday, Cope stated the county has developed a contract with an unnamed private entity that will provide all statutory services to the county in the Humane Society’s place. According to Cope, the current plan is to present that contract to county commissioners during their regular action meeting Thursday. The goal, Cope says, is to “meet the statutory obligations required of public health.”
Last year, the Emporia Animal Shelter had a total of 437 intakes, almost 350 of those from the Emporia city limits and the rest from greater Lyon County. The dog total was 281, of which 212 came from the city. Of the 155 cats that came in last year, all but 17 were from the Emporia city limits. There was also one “pocket pig” that came in from Emporia.
These developments come as the Emporia Animal Shelter is set to welcome a tour stop Monday from Jordan’s Way, which has helped to raise over $4 million for animal shelters across the country.
SHELTER OPERATION AGREEMENT BY AND BETWEEN THE CITY OF EMPORIA. KANSAS AND THE HUMANE SOCIETY OF THE FLINT HILLS, INC.
THIS AGREEMENT, made and entered into by and between the City of Emporia, Kansas, a municipal corporation (hereinafter referred to as “City”), and the Humane Society of the Flint Hills, Inc., a non-profit corporation (hereinafter referred to as “HSFH”).
WHEREAS, the City desires to enter into a contract for the provision of animal shelter services in the City of Emporia, and
WHEREAS, the HSFH desires to operate and manage the Emporia Animal Shelter for the benefit of the community and for the benefit of abandoned, lost, stray or injured companion animals.
NOW, THEREFORE, in consideration of the payments set forth in paragraph 1 below, and the mutual promises contained herein, the parties covenant and agree as follows:
1. Consideration. In consideration of the annual payment of $132,000.00, the HSFH is hereby delegated and contracted to operate and manage the Emporia Animal Shelter for a period of two (2) years. It is hereby understood and agreed that the contract sum shall be paid in quarterly payments.
2. Term. The term of this Agreement shall be for a term beginning on May 1, 2022 and ending on April 30, 2024.
3. Responsibilities. The City shall lease to the HSFH by separate lease agreement the Emporia Animal Shelter located at 1216 Hatcher, Emporia, Kansas which shall address maintenance responsibilities, capital improvements, and utilities The City shall work with HSFH in the event it is deemed necessary to amend or supplement any animal control ordinances to provide for the efficient and economical operation of the animal shelter.
The HSFH shall be responsible for management and operations including the following:
a. Obtain and maintain appropriate shelter licensing from the State of Kansas.
b. Maintain appropriate shelter care for all domestic animals which come into its custody, including veterinary care when needed.
c. Maintain appropriate office hours at the animal shelter for receiving animals, releasing redeemed animals, and adoption of animals including at least 30 hours per week in which the shelter is open to the public for walk-in service. d. Maintain adequate staffing levels to accomplish the carrying out of the responsibilities under the Agreement.
e. HSFH shall be responsible for collecting and accounting for all fees in connection with the operation of the shelter and reporting such to the City.
f. HSFH shall keep financial records of all transactions at the animal shelter and permit the City, at all reasonable times, to inspect and audit such records. The HSFH shall install and maintain an adequate system of internal controls covering income, donations, and expenses, which meets the City’s approval. HSFH shall submit to the City at least quarterly operations reports as required by the State Department of Agriculture on the receipt and disposition of animals.
g. HSFH shall provide the City with an annual financial report.
h. HSFH shall keep all records required by the State of Kansas of animals taken into custody showing the date, place, reason, and manner whereby animals were brought into custody with a description of the animal and a record of its final disposition.
i. HSFH shall accept any animal from Lyon County relinquished to the Shelter except: sick or injured animals which need immediate veterinary care, animals which pose an immediate threat of spreading a communicable disease, or any animal if in the judgment of HSFH there is insufficient space in the shelter and accepting said animal would jeopardize the health of the other animals or personnel in the shelter.
j. Animals needing veterinary care shall be referred to a designated shelter vet and may be paid for by funds from any source including surplus operation funds, grants, donations, owner or harborer funds or fund raising activities. k. HSFH shall establish a volunteer recruitment and training program specifically for shelter volunteers.
1. HSFH shall establish and utilize a foster care program for shelter dogs. m. HSFH shall pursue all avenues of adoption available including, but not limited to, placing shelter dogs with breed rescue groups, urban shelters needing adoptable dogs for adoption events, or training organizations such as therapy dogs, rescue dogs, or disaster dogs. No animals shall be adopted out to dealers for commercial purposes.
n. HSFH shall accept dogs brought into the shelter by animal control or Emporia Police Department representative in connection with animal violations, or quarantine for animal bites. HSFH shall honor all court orders relative to impounded dogs, including euthanasia. Care of sick or injured animals which are brought into the shelter by animal control or Emporia Police Department representative in need immediate veterinary care may be addressed by separate agreement.
o. HSFH may provide for or require the spay/neuter of any animals in their custody.
p. HSFH shall provide a copy of its employee manual and grievance procedure to the City for review and approval.
q. HSFH shall meet quarterly, or at other time of choosing of the City, with the Chief of Police or Police Chief representative, to discuss operations under this Agreement.
4. Insurance. HSFH shall procure and maintain during the term of this agreement Workers’ Compensation Insurance as prescribed by the laws of the State of Kansas. HSFH shall procure and maintain during the term of this Agreement comprehensive general liability coverage that shall protect HSFH from claims for damages for personal injury, including accidental and wrongful death, as well as from services rendered under this agreement, whether such services be by HSFH or by anyone employed directly or indirectly by them. Such insurance shall provide for limits of not less than $1,000,000 per occurrence. HSFH shall furnish the City with certificates of insurance to demonstrate that the Society has procured such insurance and that the City has been named as an additional insured therein. Such policies or certificates of insurance shall contain the covenant of the insurance carrier that thirty (30) days written notice shall be given to the City prior to modifications, cancellation, or reduction in coverage of such insurance.
5. No assignment. HSFH shall not sell or assign this contract or the powers granted to it, or any interest therein, nor any right, power, or authority to allow or permit any other person or party to have an interest in or use any part of the premises owned by the City and now designated as the City Animal Shelter for any purpose whatsoever without the written consent of the City.
6. Independent Contractor. HSFH, its officers, employees, agents, and volunteers shall act in an independent capacity during the term of this Agreement and not as officers, employees, agents, or volunteers of the City.
7. Termination. It is mutually understood and agreed by the parties hereto that this Agreement shall continue in effect for two years from the date hereof. However, it is agreed that this Agreement may be terminated by either party upon ninety (90) days written notice to the other of an intention to terminate this agreement or enter into a new agreement. The HSFH shall be paid for its work performed up to the date of termination in accordance with this Agreement.
8. Final Agreement. This Agreement is intended by the parties hereto as the final and exclusive expression of the provisions contained in this Agreement, and it supersedes and replaces any and all prior contemporaneous Agreements and understandings, oral or written. Any modification of this Agreement shall be in writing and signed on behalf of the parties.
9. Notice. All notices required under this Agreement shall be sent by regular mail or email to:
Executive Director
Humane Society of the Flint Hills, Inc PO Box 845
Emporia, KS 66801
City Manager
City of Emporia
PO Box 928
Emporia, KS 66801
10. EEOC. HSFH agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et. seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et. seq.) and the applicable provisions of the Americans with Disabilities Act (42 U.S.C. 12101 et. seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase “equal opportunity employer”; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44- 1116, (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration. Parties to this contract understand that the provisions of this paragraph are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting state agency cumulatively total $5,000 or less during the fiscal year of such agency.
11. Right to Cure. Upon Contractor’s failure to cure a default (i.e., non-performance or violation of contract terms) within thirty (30) days of written notice of such default from the City to the HSFH, unless such cure period is extended by agreement, this contract may be cancelled or annulled by the City by written notice of default to the HSFH.
12. Indemnity. HSFH shall be responsible for, shall defend against, and shall indemnify and hold the City harmless against any and all suits, claims, demands, losses, or actions made against the City based upon, arising from, or incident to the provisions of services by the HSFH under this Agreement. This indemnification does not include indemnification for claims based upon the alleged negligence of a City employee or the alleged unconstitutionality or invalidity of any provision of the State or City codes pursuant to which the HSFH acts. HSFH shall notify the City of any suit, claim, demand, loss or action made or filed against the HSFH upon receipt or learning of it through any other
means.
13. Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal contract binding on such party and enforceable in accordance with its terms.
14. Third Party Beneficiary. This agreement shall not be construed as providing an enforceable right to any third party.
