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HomeMy WebLinkAboutCity of Cedar Falls-6/22/2015Please return this copy to: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 Agreement For Animal Control Services (FY 2016) This Agreement is entered into by and between the City of Cedar Falls, Iowa, a municipal corporation organized and existing pursuant to the laws of the State of Iowa (hereinafter called "Cedar Falls"), and the City of Waterloo, Iowa, a municipal corporation organized and existing pursuant to the laws of the State of Iowa (hereinafter called "Waterloo"). WHEREAS, Cedar Falls desires to provide the residents of the City of Cedar Falls with certain animal control services; and WHEREAS, Waterloo, through its Animal Control Services department or by contract with Cedar Bend Humane Society, possesses the skills, training, experience, and ability to perform animal control services required by Cedar Falls for the residents of the City of Cedar Falls, and the parties have reached agreement thereon and desire to reduce their agreement to writing. IT IS THEREFORE AGREED AS FOLLOWS: Basic Animal Services Waterloo (which for purposes of this Agreement shall include its contracted agents) shall provide the following Basic Animal Services for domesticated dogs, cats, and other domestic animals (hereinafter collectively referred to as "Domestic Animals"), and sick and injured wildlife animals, except for livestock: 1. Facilities. Waterloo will employ competent persons to perform all necessary duties and functions of, and furnish and maintain facilities and equipment adequate for, the housing, shelter, care and disposal of Domestic Animals, as required for an animal pound or animal shelter under the statutes of Iowa. Such housing, shelter, care and disposal services for Domestic Animals shall be furnished at facilities of the Cedar Bend Humane Society, 1166 W. Airline Highway, Waterloo, IA 50703, or at such alternate location(s) that Waterloo may establish as an animal pound or shelter (hereinafter called the "Facilities"). 2. Equipment and Personnel. Waterloo shall furnish a suitably equipped vehicle and a competent humane officer or officers to provide animal control services in the City of Cedar Falls. 3. Impound Services. Waterloo will collect and impound Domestic Animals, licensed or unlicensed, unlawfully at Targe or confined within the City of Cedar Falls in violation of the ordinances of Cedar Falls. a. Medical Examination. Waterloo will medically examine all incoming animals to determine whether the incoming animal will be subject to a hold, will be euthanized, or subject to quarantine. 1 i. Waterloo will inoculate all animals subject to a hold for diseases common to their species. ii. Waterloo will immediately euthanize any animal that is found to be sick, injured or not old enough to survive on its own accord or is beyond the care that the shelter can provide. iii. Stray cats appearing to be feral may be euthanized immediately. b. Animals Subject to a Hold. i. Waterloo will hold stray dogs and cats for five (5) consecutive days if there is no known owner. If no owner claims said animal within the five (5) day holding period, Waterloo shall assume ownership. ii. Waterloo will hold stray dogs and cats with identifying information, such as a license, rabies tag, ID tag, or microchip, for seven (7) days. Waterloo will attempt to contact the owner utilizing the animal's identifying information. Contact may include phone call(s), and shall include posting written notice on the residence of the dog or cat owner, and posting of notice on Waterloo's website, if such owner is known. If no owner claims said animal within the seven (7) day waiting period, Waterloo shall assume ownership. iii. Waterloo shall assume ownership of stray kittens and puppies that enter the shelter as a litter, or appear under the age of eight weeks old, after a holding period of twenty-four (24) hours. 4. Complaint Services. Waterloo shall respond to complaints regarding Domestic Animals located within the city limits of Cedar Falls. a. Investigation. Waterloo shall investigate and pursue complaints until finally disposed of in accordance with the ordinances of Cedar Falls and statutes of Iowa relating to harboring or licensing of Domestic Animals. b. Record of Investigations. Waterloo shall make a complete investigation of complaints, excluding barking dogs, pertaining to Domestic Animals and keep a brief written record of its investigations. c. Seizure. Waterloo shall seize, if necessary and possible, any Domestic Animal which is the subject of a complaint. 5. Quarantine Services. Waterloo shall seize stray dogs and cats which must be quarantined as a result of a bite case. Dogs and cats are subject to quarantine if they have bitten a person and drew blood. The quarantine period shall be for ten (10) days. a. Location of Quarantine. Waterloo shall determine the location of the quarantine. Quarantine at Waterloo's Facilities will be at Waterloo's discretion. Waterloo shall not be responsible for quarantining animals with known owners. Waterloo may board owned animals if the owner refuses to quarantine, the animal is unusually aggressive and poses a direct threat to others, or an uncontrolled situation prevents the owner from being able to quarantine the animal. In the event quarantine cannot occur on the owner's premises, or at the request of Cedar Falls, Waterloo shall transport animals to be quarantined to an approved facility such as a local veterinarian, licensed kennel, or Waterloo's Facilities. 2 b. Reporting Requirements. Waterloo shall complete bite reports and communicate and record all incidents as required by the Black Hawk County Health Department. c. Fees. Owners will be responsible for payment of quarantine fees, which include boarding fees, medical fees, transport fees and/or pick up fees. If the owner of a quarantined animal is known and can be located, the owner shall be billed for the quarantine fees. All quarantine fees must be paid in full by the end of the ten (10) day quarantine period, or Waterloo will not return the quarantined animal to the owner. In the event the owner fails to pay the quarantine fee by the end of the ten (10) day quarantine period, Waterloo shall assume ownership of the animal. d. Rabies Testing Information. Waterloo is not responsible for providing rabies testing; however, Waterloo shall provide to the public, upon request, information about options and fees for rabies testing. 6. Other Terms. Waterloo agrees to the following provisions pursuant to this Agreement: a. Waterloo may charge and retain a fee which is charged to the animal owner of not to exceed $50.00 for accepting each Domestic Animal taken to the Facilities of Waterloo as provided for in this Agreement. b. Waterloo may charge a maximum fee of $10.00 per day to the animal owner for boarding a Domestic Animal at the Facilities of Waterloo pursuant to this Agreement. c. Waterloo acknowledges that Cedar Falls does not require microchipping, spaying, or neutering of any animal that is handled by Waterloo pursuant to this Agreement. d. Waterloo agrees that prior to returning any animal taken to the Facilities of Waterloo under this Agreement, Waterloo will insure that the animal is up to date on all shots and City of Cedar Falls licensing. e. Should Waterloo deem a citation should be issued for any Domestic Animal incident handled under this Agreement, the final decision whether to issue a citation under the ordinances of Cedar Falls shall be based upon the review of an animal control officer of Waterloo and a police officer of Cedar Falls. f. Cedar Falls' police officers shall attempt to pick up and hold animals in the Cedar Falls Police Department garage during late-night hours for next -day pickup, to avoid late-night call -outs, or will attempt to drop off a Domestic Animal at the Cedar Bend Humane Society drop-off location. Nevertheless, some late-night calls may still occur if the police officer for Cedar Falls is not successful in capturing the animal. g. Cedar Falls' police officers will handle all barking dog complaints in the City of Cedar Falls. h. Waterloo may, in its sole discretion, euthanize or dispose of by sale or by donation to a suitable animal shelter or rescue organization any animal as to which it assumes or is deemed to assume ownership under this Agreement. 3 7. Hours. a. Hours of Services. Basic Animal Services shall be provided twenty-four (24) hours per day, seven (7) days per week, during the entire term of this Agreement. b. Normal Business Hours. For purposes of determining fees for certain services as provided in Section 8 and Section 9 of this Agreement, Waterloo's normal business hours shall be 8:00 a.m. to 4:00 p.m., daily, that is, Monday through Sunday (hereinafter referred to as "Normal Business Hours"). 8. Fees. Cedar Falls shall pay to Waterloo in monthly installments to Waterloo for Basic Animal Services for the term of this Agreement, as follows: a. A fee of $107.20 per call for each Domestic Animal call which occurs during Normal Business Hours, as defined in Section 7(b) of this Agreement. b A fee of $122.20 per call for each Domestic Animal call which occurs outside of Normal Business Hours. c. A fee of $95.00 per call for each wild animal call (sick or injured wildlife only) which occurs during Normal Business Hours. d. A fee of $105.00 per call for each wild animal call (sick or injured wildlife only) which occurs outside of Normal Business Hours. Waterloo will bill for Basic Animal Services and for other services provided under this Agreement on a calendar monthly basis for services provided in the preceding month, and Cedar Falls will remit payment within three (3) weeks of receiving Waterloo's invoice. Additional Services Waterloo shall provide the following additional services: 9. Dead Animal Pickup. Waterloo shall pick up and dispose of all dead Domestic Animals and wildlife found anywhere within the City of Cedar Falls promptly when requested by Cedar Falls, during Normal Business Hours. The fees for dead animal pick-up and disposal under this Agreement shall be as follows: a. A fee of $65.00 for pick-up and disposal of each dead animal other than deer. b. A fee of $90.00 for pick-up and disposal of each dead deer. Calls for and pick-up of all dead animals shall only occur during Normal Business Hours. 10. Licensing. Waterloo shall fully cooperate with Cedar Falls and any and all departments of Cedar Falls in performance and observance of the ordinances of Cedar Falls pertaining to licensing of dogs and cats and not release any dog or cat to the owner thereof, or to any other person, except upon signature of the owner on an affidavit agreeing to license said dog or cat in Cedar Falls within a seven (7) day period of time or when said animal reaches four (4) months of age. 4 Additional Provisions 11. Billings by City of Waterloo and Cedar Bend Humane Society Not to Be Duplicated. The parties agree that Waterloo will be contracting with Cedar Bend Humane Society for certain services under this Agreement with respect to Domestic Animals, and that Cedar Falls and Cedar Bend Humane Society will have a separate agreement for animal control services on certain terms and conditions. The parties agree that there shall be no duplicate billing of services to Cedar Falls by both the Waterloo and Cedar Bend Humane Society for the same services rendered to Cedar Falis under this Agreement and under the agreement between Cedar Falls and Cedar Bend Humane Society. 12. Term. The term of this Agreement shall commence at midnight on July 1, 2015, and shall terminate at midnight on July 1, 2016. This Agreement shall automatically renew for successive one (1) year terms, commencing July 1, 2016, unless either Cedar Falls or Waterloo gives written notice to the other party that the Agreement shall not renew, which notice shall be given at least ninety (90) days before the end of the then -current term of this Agreement. 13. Termination by Cedar Falis. Cedar Falls shall have the right to terminate this Agreement at any time for convenience upon ninety (90) days' advance written notice to Waterloo. 14. Termination by Waterloo. Waterloo shall have the right to terminate this Agreement at any time for convenience upon ninety (90) days' advance written notice to Cedar Falls. 15. Reports. Waterloo shall provide to Cedar Falls a monthly report for all animals handled by Waterloo pursuant to this Agreement, indicating whether the incoming animal was boarded, quarantined, euthanized or disposed of. The report shall be provided to Cedar Falls by the tenth day of the following month. 16. Compliance with Law. Waterloo shall fully comply with applicable federal, state and local laws in providing services pursuant to this Agreement to Cedar Falls. 17. Indemnification. To the extent authorized by Article VII, Section 1, of the Iowa Constitution and Chapter 670 of the Code of Iowa, Cedar Falls agrees to indemnify and hold Waterloo harmless from any liability based on any claim, demand or cause of action maintained or asserted by any person, firm, association, or corporation against Waterloo as a result or on account of Waterloo wrongfully receiving and impounding any animal from Cedar Falls, so long as Waterloo has performed and complied with the terms of this Agreement and the ordinances of the City of Cedar Falls. 18. Notices. All notices given to parties under this Agreement shall be sent by ordinary mail to the following addresses: 5 If to the City of Cedar Falls: Jeff Olson, Chief of Police Cedar Falls Police Department 220 Clay Street Cedar Falls, IA 50613 If to the City of Waterloo: Sandie Greco Traffic Operations Superintendent 625 Glenwood Street Waterloo, IA 50703 19. Force Majeure. A party will be excused from the obligations of this Agreement to the extent that performance is delayed or prevented by any circumstances reasonably beyond its control, including but not limited to fire, explosion, mechanical breakdown, strikes or other labor disputes, unavailability or interference with the usual means of transport, or compliance with any law, regulation or request or action (actual or threatened) of any governmental authority other than a party to this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement for Animal Control Services by their duly authorized representatives. Date: s..)‘. , 2015 City of Cedar Falls, Iowa Bv: Crews, Mayor Attest: City Clerk Date: J v r -e— 27_ , 2015 City of W, e o, Iowa By: /15 Z-Ci-egcae l e`),%Cbar,:4c1fen Ernes G. Clark Mayor Attest: �. Suzy Sc ares, City Clerk 6