HomeMy WebLinkAboutCedar Bend Humane Society-5/18/2015Please return this copy to:
CIty Clerk & Finance Dept.
715 Mulberry St.
Waterloo, IA 50703
AGREEMENT FOR ANIMAL CONTROL SERVICES
This Agreement for Animal Control Services (the "Agreement") is made and entered into
as of the date set forth on the signature page hereof by and between the City of Waterloo, Iowa,
("City") and Cedar Bend Humane Society ("Contractor").
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Agreement, it is mutually agreed as follows:
1 - General Duties of Contractor.
1.1. Contractor will handle cats, dogs, and other domestic animals (collectively,
"Domestic Animals") to the extent of Contractor's resources; provided, however, that Contractor
will furnish and maintain competent personnel and adequate facilities and equipment for the
housing, shelter, care, quarantine, and disposal of such Domestic Animals pursuant to the
ordinances of City and the laws of the State of Iowa pertaining to animal pounds or shelters.
1.2. Contractor will impound and keep Domestic Animals until otherwise disposed of in
accordance with the provisions of the ordinances of the City tendered to it or by or from any
department of the City.. Each animal will be medically examined to determine whether it will be
subject to a hold or quarantine or will be euthanized. The Contractor shall fully cooperate with
the City's ordinance on micro -chipping animals before owners redeem dogs or cats.
1.3. Contractor shall respond to telephone calls and other communications to it.
Contractor shall promptly refer the all bite cases or bite reports to the City's animal control
department ("Animal Control") for further handling.
1.4. Contractor shall be responsible for the disposition of all animals not claimed by the
owner. To the extent feasible, Contractor shall facilitate placement of Domestic Animals with
rescue and adoptive organizations. Each such animal that is placed for adoption to a resident of
the City of Waterloo shall first be licensed in accordance with City ordinances. Contractor shall
be responsible to ensure completion of all licensing documentation required by City, compliance
with other requirements of licensing, and payment of the licensing fee. As compensation for
such services, Contractor shall be entitled to retain the licensing fee. No less than weekly,
Contractor shall forward a copy of all new licensing documents to the City clerk.
1.5. Except as expressly set forth in this Agreement, livestock and wildlife are not covered
hereunder, and Contractor has no duties with respect to same except such duties as Contractor
may assume from time to time in its sole discretion.
1.6 All services provided by Contractor will be done in compliance with applicable City
ordinances and state or federal laws and regulations. In the event of any conflict between City
ordinances and this Agreement, City ordinances shall control. Contractor, and all of its
personnel and permitted subcontractors, shall be familiar with and have a working knowledge of
all relevant ordinances.
1.7. At least monthly, and more frequently if requested by City, Contractor will provide
City with a report which includes intakes, action taken, redemptions and other dispositions, and
animal numbers. Contractor shall also provide copies of redemptions, licensing contracts, and
spay/neuter contracts. City shall have the right to inspect the records of Contractor to ensure that
Contractor is and has abided by the provisions of this Agreement. Contractor's report shall be
delivered no later than the 10th day of the following month.
1.8. Contractor will provide services under this Agreement between the hours of 8:00 a.m.
and 5:00 p.m., seven (7) days per week. For after-hours drop off of stray Domestic Animals by
City, Contractor will provide a drop-off area or facility (a "Drop -Off Location") with adequate
kennel space, litter and water source. No sick, injured or wildlife animals may be left at the
Drop -Off Location. No one is entitled to use the Drop -Off Location other than City. City
personnel will be responsible to complete intake documentation provided at the Drop -Off
Location by Contractor. City personnel will be responsible to properly lock or otherwise secure
the Drop -Off Location upon departure. Contractor will collect animals from the Drop -Off
Location each morning.
1.9. The parties acknowledge that City is under contract with the City of Cedar Falls,
Iowa, to provide animal control services in Cedar Falls. The parties agree that City's duties with
respect to Cedar Falls are covered by this Agreement to the extent that said contract and this
Agreement pertain to the same subject matter. Contractor acknowledges and agrees that Cedar
Falls does not require animals to be microchipped, spayed or neutered before redemption by the
owner thereof, and Contractor shall not microchip, spay or neuter any animal that it knows or is
informed belongs to an owner who resides in Cedar Falls.
2 - Confined and Unlawfully At-LarRe DomesticAnimals.
2.1. Contractor agrees to impound and dispose of confined stray and at -large stray
Domestic Animals as set forth in this Agreement. The property owner may be asked to sign a
Contractor -approved form affirming the animal being delivered does not belong to the property
owner, and has not scratched, bitten, or drawn blood while in the property owner's possession.
By signing such form, the property owner will not thereby be liable for any actions of the animal
that is delivered to Contractor.
2.2. Contractor agrees to provide property owners within the City of Waterloo with live
traps for trapping free -roaming cats but not for trapping other Domestic Animals or wildlife.
Property owner will be expected to sign a rental agreement and pay any trap rental fee. Property
owners will be responsible for bringing trapped animals to the Contractor. Contractor reserves
the right to refuse renting live animal traps at its discretion. The City will have no responsibility
with respect to any traps rented out by Contractor, but City may also rent out traps on such terms
as it deems appropriate.
2.3. Any cat delivered to Contractor in a trap will be treated as a stray and, at the
Contractor's discretion, may be held as set forth in paragraph 3.1 or otherwise disposed of.
3 - Holdinj Periods.
3.1. Except as set forth in paragraph 2.3 above or 3.3 below, Contractor agrees to hold
impounded animals for the periods of time, and to issue appropriate notices, as prescribed by
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applicable ordinances of the City and Cedar Falls, provided that if no other ordinance applies
then Contractor shall follow the procedures set forth in Waterloo Ordinance 5-1-13(B) or Cedar
Falls Ordinances 6-51 and 6-52. Contractor will attempt to use any identifying information to
contact the owner by telephone or mailed written notice. If any such animal is not timely
claimed by its owner, the Contractor will be deemed to be the owner of the animal and will have
the right to determine the disposition of that animal. If the animal is timely claimed by its owner,
the owner will be responsible for all expenses and/or fees incurred by or set forth by Contractor.
3.2 Contractor will inoculate all animals subject to a hold for diseases common to their
species. Any animal that is found to be sick or injured beyond the care that Contractor is able to
provide, or is not of an age to survive on its own accord, is not subject to any holding period and
may be immediately euthanized by the Contractor at its discretion.
3.3. Litters of puppies and kittens will only be held for twenty-four (24) hours, and if not
claimed within said time the Contractor will be deemed to be the owner of the animals and will
have the right to determine their disposition. A litter consists of at least two animals under the
age of four (4) months.
3.4 Cats appearing to be feral will require no predetermined holding period and may be
euthanized immediately. As an alternative to euthanizing any feral cat, Contractor at its own
expense may alter the animal and release it to the same area in which it was trapped to roam
freely, but only after vaccinating it for rabies and tipping one of its ears.
4 - Quarantine and Rabies Requirements.
4.1. Contractor will assist the City in holding stray dogs and cats in bite cases for purposes
of quarantine and in holding for quarantine Domestic Animals involved in a bite case that the
owner fails to quarantine. Such animals will be held at Contractor's facility or in a home or
approved facility such as a veterinarian or licensed boarding kennel (an "Approved Facility").
City will be responsible for communication and recording of all incidents to the Black Hawk
County Health Department.
4.2. All applicable fees and requirements will be satisfied in full by the owner before the
animal may be redeemed. Such requirements may include, but are not limited to, boarding fees,
medical fees that may be incurred while in the Contractor's care, and transport/pick-up fees.
4.3. Quarantine at the Contractor's facility will be at Contractor's discretion. The
Contractor will not be responsible for boarding owned animals that have bitten. The Contractor
generally will not quarantine animals with known owners, but will board such animals under
unforeseen circumstances, which may include, but are not limited to, the owner's refusal 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.
4.4. Contractor or the Approved Facility shall hold stray dogs and cats that have bitten a
person and drawn blood in quarantine as required by City ordinances. If the Animal is not
claimed by its owner within the ten (10) day holding period, the Contractor will be deemed to be
the owner and will be responsible and have the right to determine the disposition of that Animal.
If the Animal is claimed by its owner within the ten (10) day holding period, the owner will be
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responsible for all boarding and quarantine expenses incurred and/or other reasonable fees as set
by Contractor. City will pay the quarantine fee set forth in Section 6.2 with respect to any
animal that is not claimed.
4.5. Contractor is not responsible for having animals tested for rabies, but it will make
available information regarding options and fees for rabies testing to any person requesting same.
5 — Conditions to Release.
5.1. Contractor shall verify that an animal bears an approved form of permanent
identification before release to the owner, as required by Waterloo Ordinance 5-1A-9. Any
animal lacking such identification shall be microchipped, and the owner shall pay the reasonable
cost of same upon redemption. The requirements of this paragraph do not apply to animals for
which Contractor knows or is informed that the owner resides in Cedar Falls.
5.2. Contractor shall verify that an animal has been spayed or neutered before release to
the owner, as required by Waterloo Ordinance 5-1A-9. Contractor may release an animal that
has not been altered if the owner signs a contract that requires spaying or neutering of the animal,
and delivery of proof of completion of same, within 30 days after release. The requirements of
this paragraph do not apply to animals for which Contractor knows or is informed that the owner
resides in Cedar Falls.
5.3. Contractor shall verify that an animal has been vaccinated for rabies as required by
Waterloo Ordinance 5-1A-4 or Cedar Falls Ordinance 645. Contractor may release an animal
for which proof of timely vaccination cannot be determined if the owner signs a contract that
requires the animal to be vaccinated within 7 days after release. Contractor shall provide a copy
of any such contract to the city within one (1) day after the owner signs it.
5.4. Contractor shall ensure that an animal is licensed as required by Waterloo Ordinance
5-1A-2 or Cedar Falls Ordinance 6-42. Contractor may release an animal for which licensing
cannot be verified to a Waterloo resident if the owner completes all required licensing
documentation, complies with other requirements of licensing, and pays the licensing fee. No
less than weekly, Contractor shall forward a copy of all new licensing documents and shall remit
related licensing fees to the City clerk. Contractor may release an animal for which licensing
cannot be verified to a Cedar Falls resident if the owner signs a contract that requires the animal
to be licensed within 7 days after release. Contractor shall provide a copy of any such contract to
the City within one (1) day after the owner signs it.
6 - Fees.
6.1. During the term of this Agreement, Contractor may charge its current schedule of
boarding fees and other fees for services provided with respect to animals that are redeemed by
their owners. City shall not be responsible for any fees relating to redeemed animals, except for
the $48.00 drop-off fees identified in Section 6.2.
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6.2. During the term of this Agreement, Contractor may charge fees to the City for
particular services as set forth below:
a. Quarantine for animals that have bitten and are not redeemed by an owner -
$150.00
b. Wildlife litter - $10.00 for litter and additional $10.00 for mother that is dropped
off at the same time as the litter.
c. Stray cats trapped - $48.00
d. 3 -day storage and disposal of dead animal without known owner - $48.00
e. Other Domestic Stray Animal drop-offs by City or public - $48.00
f. Non -Domestic Animal drop-offs by City or public - $10.00
g. Stray Domestic Animal litters - $48.00 for litter and an additional $48.00 for
mother dropped off at the same time.
The parties acknowledge that during the term of this Agreement each of the parties has or may
have a separate agreement for animal control services with the City of Cedar Falls. Fees payable
to either party by the City of Cedar Falls shall be the sole responsibility of Cedar Falls and not of
either party to this Agreement, shall be billed directly to Cedar Falls by the party to which such
fees are owed, and are not covered by this Agreement.
6.3. Nothing in this Section 6 shall restrict the ability of Contractor tocharge for
vaccinations, microchipping, and other goods or services not specifically identified in paragraphs
6.1 or 6.2.
6.4. Contractor shall collect all pick-up fees required by Waterloo Ordinance 5-1-1 or
Cedar Falls Ordinance 6-52 at the time the animal is redeemed and shall forward all amounts to
the City at least monthly with an accounting for all fees charged and collected. One pick-up fee
shall be collected for each litter, and an additional pick-up fee shall be collected for the litter's
mother.
6.5. City shall pay all fees for the services of Contractor within thirty (30) days after
receipt of Contractor's invoice for same. City is solely responsible for the costs of any
veterinary or medical care that is provided to an animal at the express request of City, and either
Contractor or the animal's owner will be responsible for all other costs of such care that is not
expressly requested by City. Contractor shall not bill City more than monthly. Contractor
agrees fees and charges billed to City and an animal owner shall be mutually exclusive of each
other that neither City nor the owner will, with respect to any given animal or incident, be billed
for the same services.
7 - Miscellaneous Terms.
7.1. Contractor shall commence work under this Agreement at 12:01 a.m. on June 1, 2015
and shall thereafter provide services hereunder until 11:59 p.m. on June 30, 2017, unless this
Agreement is terminated earlier as provided in paragraph 7.2. The parties may mutually agree in
writing to extend the term of this Agreement for an additional term of one year.
7.2. Either party may terminate this Agreement at any time for convenience upon thirty
(30) days' advance written notice to the other party. Before giving notice of termination, the
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party desiring termination shall consult with the other party in good faith to attempt to resolve
any concerns about the other party's performance under this Agreement.
7.3. By this Agreement City appoints, authorizes, and empowers Contractor to enforce
City's laws pertaining to animals and animal control and Cedar Falls pertaining to animals and
animal control to the extent provided in this Agreement.
7.4. City shall have the right, exercisable from time to time in City's sole discretion, to
monitor Contractor's operations in order to assure that such operations are conducted in
accordance with the terms of this Agreement. A City observer will not be expected to assist
Contractor or to perform any duties for or on behalf of Contractor. Contractor shall fully
cooperate with any City observer in good faith and shall provide full access to all reports, data
and information relating to the services provided by Contractor, or required to be provided by
Contractor, pursuant to this Agreement.
7.5. Any notice under this Agreement shall be in writing and shall be delivered in person
or by United States registered or certified mail, postage prepaid, and addressed as follows:
(a) if to City, at 625 Glenwood Avenue, Waterloo, Iowa 50703, Attention:
Traffic Operations Superintendent, or designee.
(b) if to Contractor, at 1166 W. Airline Highway, Waterloo, Iowa 50703,
Attention: Co -Directors.
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person,
or (ii) two (2) business days following the date of deposit if mailed by United States registered or
certified mail, postage prepaid. A party may change the address for giving notice by any method
set forth in this paragraph. Reports and other non -notice communications between the parties
may be delivered by any commercially reasonable method.
7.6. Contractor agrees to indemnify, defend and hold harmless City, its officials, officers,
employees and agents, from and against any and all claims, demands, causes of action, costs,
damages, losses, and liabilities whatsoever, including but not limited to reasonable attorneys'
fees and expenses, arising from or in connection with any act or omission of Contractor, or
anyone for whose acts Contractor is responsible, in performing or failing to perform its duties
under this Agreement. This paragraph 7.8 shall survive the expiration or termination for any
reason of this Agreement.
7.7. To the extent permitted by applicable law, City agrees to indemnify and hold
Contractor harmless from any liability based on any claim, demand or cause of action maintained
or asserted by any person, firm, association or corporation against Contractor as a result or on
account of Contractor wrongfully receiving and impounding any animal from City, so long as
Contractor has performed and complied with the terms of this Agreement and applicable City
ordinances.
7.8. The Contractor shall at all times during the term of the Agreement maintain in full
force and effect, at its own expense, Employer's Liability, Worker's Compensation, Automobile,
Public Liability and Property Damage Insurance, and other insurance and bonds as set forth
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below, including contractual liability coverage for the indemnity and hold harmless provisions of
this Agreement. Each policy shall require at least 30 days' advance written notice to the City in
the event of cancellation or material change in terms. The City of Waterloo, Iowa shall be
specifically named as an additional insured on all insurance. Such coverages shall be primary,
non-contributing and contain waivers of subrogation against any coverage held by the City.
Before commencement of work hereunder, the Contractor agrees to furnish the City with
certificates of insurance or other evidence satisfactory to the City to the effect that such
insurance has been procured and is in force. Insurance coverages shall comply with the limits
specified below:
Coverages
Worker's Compensation
Employer's Liability
Bodily Injury Liability
(except automobile)
Property Damage Liability
(except automobile)
Automobile Bodily Injury Liability
Excess Liability
Automobile Property Damage Liability
Limits of Liability
Statutory
$500,000
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each occurrence
$5,000,000
$1,000,000 each occurrence
Fidelity bond coverage in the amount of at least $20,000, with a responsible surety
company with respect to all of Contractor's employees and agents as may be necessary
to protect against losses, including, without limitation, those arising from theft,
embezzlement, fraud, or misplacement of funds, money, or documents. Coverage must
extend to any losses incurred by the City due to theft, embezzlement, or fraud by
Contractor, its employees or agents.
A renewal certificate shall be provided to City prior to expiration of any policy. Contractor shall
be responsible to insure its own personal property. City may at its own expense procure and
maintain additional insurance for its own benefit.
7.9. Contractor may not assign or delegate any of its duties hereunder without the prior
written consent of City.
7.10. Each party agrees not to make any disparaging statements with respect to the other
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7.11. Nothing in this Agreement shall, or shall be deemed or construed to, create or
constitute any joint venture, partnership, agency, employment, or any other relationship between
the parties nor, except as expressly set forth herein, to create any liability for one party with
respect to the liabilities or obligations of the other party or any other person. Contractor is an
independent contractor.
7.12. This Agreement shall be binding upon and inure to the benefit of the parties and the
respective successors and assigns of each.
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7.13. In the event any provision of this Agreement is held invalid, illegal, or
unenforceable, whether in whole or in part, the remaining provisions of this Agreement shall not
be affected thereby and shall continue in full force and effect. If, for any reason, a court fmds
that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by
limiting such provision it would become valid, legal, and enforceable, then such provision shall
be deemed to be written and shall be construed and enforced as so limited.
7.14. This Agreement constitutes the entire agreement between the parties pertaining to the
subject matter hereof. This Agreement may not be modified or amended except by the mutual
written agreement of the parties.
7.15. Time is of the essence of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement for Animal
Control Services by their duly authorized representatives as of , 2015.
CEDAR BEND HUMANE SOCIETY
By:
Karla Beckman, Co -Director
S
Kristy Gar& er, Co -Director
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CITY OF WATERLOO, IOWA
By:
Ernest G. Clark, Mayor
Attest:
Suzy Sclitres, City Clerk