HomeMy WebLinkAboutCity of Cedar Falls-6/23/2014CITY OF WATERLOO
Council Communication
City Council Meeting: June 23, 2014
Prepared: June 17 2014
Dept. Head Signature
# of Attachments:
SUBJECT:
Agreement for Animal Control Services between
the City of Waterloo and the City of Cedar Falls
Submitted by: Sandie Greco, Traffic Operations Superintendent
Recommended City Council Action:
Approve a resolution for the agreement between the City of Waterloo and the City of
Cedar Falls and authorize the Mayor to sign it.
Summary Statement
The agreement covers Animal Control Services from July 1, 2014 thru June 30, 2015.
Expenditure Required
Source of Funds
Policy Issue
Alternative
Background Information:
This agreement is for certain animal control services, as stated in the agreement,
between the City of Waterloo and the City of Cedar Falls.
Agreement For Animal Control Services
(FY 2015)
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 has an Animal Control Services department which 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, the parties have reached agreement thereon, and desire
to reduce their agreement to writing.
IT IS THEREFORE AGREED AS FOLLOWS:
Basic Animal Services
Waterloo 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
shall be furnished at 1314 Black Hawk Street, Waterloo, IA 50702, 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 large 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.
i. Waterloo will inoculate all animals subject to a hold for diseases common to
their species.
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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.
b. Reporting Requirements. Waterloo shall complete bite reports and communicate
and record all incidents as required by the Black Hawk County Health Department.
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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 the 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.
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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 $115.00 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 $130.00 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 $80.00 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.
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Additional Provisions
11. Term. The term of this Agreement shall commence at midnight on July 1, 2014,
and shall terminate at midnight on July 1, 2015.
12. Termination by Cedar Falls. Cedar Falls shall have the right to terminate this
Agreement at any time for convenience upon thirty (30) days' advance written notice to
Waterloo.
13. Termination by Waterloo. Waterloo shall have the right to terminate this
Agreement at any time for convenience upon thirty (30) days' advance written notice to Cedar
Falls.
14. 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 of the following month.
15. Compliance with Law. Waterloo shall fully comply with applicable federal, state
and local laws in providing services pursuant to this Agreement to Cedar Falls.
16. 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.
17. Notices. All notices given to parties under this Agreement shall be sent by
ordinary mail to the following addresses:
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
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18. 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: ���� cir , 2014
City of Cedar Falls, Iowa
logit . Crews, Mayor
Attest: t f k.,1 'k -C._
ie nifer Roihnbeck, CPA, CPFO
Fl ance Manager/City Clerk
By:
Date: ,2 -1x -4A -t_ 23 2014
City of Wtrloo, Iowa
By:
Ei-n'est Clark, Mayor
Attest:
Suzy Schare'., City Clerk
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