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HomeMy WebLinkAboutCedar Bend Humane Society-8/6/2012 (2)Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 AGREEMENT FOR ANIMAL CONTROL SERVICES FY 2013 This Agreement for Animal Control Services (the "Agreement") is made and entered into as of the date set forth below by and between the City of Waterloo, Iowa, ("CITY"), and Cedar Bend Humane Society, an Iowa non-profit corporation ("SOCIETY"). NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is mutually agreed as follows: General Duties of SOCIETY 1. SOCIETY will handle cats, dogs, and other domestic animals (collectively, "Domestic Animals") to the extent of SOCIETY's resources; provided, however, that SOCIETY 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. 2. SOCIETY 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. 3. It will be the duty and responsibility of the SOCIETY to respond to telephone calls and other communications to it. The SOCIETY shall make a complete investigation of complaints, excluding barking dogs, unsanitary complaints, wildlife, dog and cat at large and requests to trap cats, pertaining to confined Domestic Animals or bite incidents, and keep a brief written record of its investigations. The SOCIETY agrees as part of its duty and responsibility under this Agreement to seize, if necessary and possible, any Domestic Animal concerning which complaints may have been made, and SOCIETY further agrees to investigate and pursue complaints until finally disposed of in accordance with the ordinances of the CITY and statutes of Iowa, relative to the harboring or licensing of Domestic Animals contemplated by this Agreement. SOCIETY shall furnish a suitably equipped vehicle and a competent humane officer to produce Animal Control in the CITY. 4. SOCIETY shall fully cooperate with CITY and any and all departments of the CITY in enforcing the ordinances of the CITY pertaining to licensing of dogs and cats and shall not release any dog or cat to the owner thereof, or to any other person, until proof of a current valid license has been provided or unless the owner has provided an affidavit of intent to license the animal when it reaches six (6) months of age. 5. Livestock are not covered by this Agreement, and SOCIETY has no duties with respect to livestock except such duties as SOCIETY may assume from time to time in its sole discretion. If SOCIETY is requested by CITY to respond to any livestock call, the CITY agrees to pay SOCIETY a fee of sixty dollars ($60.00) per call. 6. The SOCIETY will respond to all calls and requests made by the Waterloo Police Department or other pertinent CITY officials, with no regard to animal species or situation. If SOCIETY is requested by the Waterloo Police Department or other pertinent fi CITY officials to respond to an animal call that is not encompassed within the terms of this Agreement, the CITY agrees to pay SOCIETY a fee of sixty dollars ($60.00) per call. Requests must be made within the designated contractual hours of 8:00 a.m.to 5:00 p.m., Monday through Friday. Confined and Unlawfully At -Large Domestic Animals 1. SOCIETY agrees to collect, impound and dispose of Domestic Animals which are unlawfully at large, as defined by Waterloo Ordinance 5-1A-1, but only if the animal is sick, injured, acting in an aggressive manner, or causing harm to another animal or person, or confined by a property owner in the territory of CITY, whether or not such Domestic Animals are licensed as provided by CITY ordinance. A confined animal, either domestic or wild, is one that is deprived of the ability to roam free, including but not limited to an animal kept in a building or 011 a leash, and is not owned by the property owner where the animal is confined. Property owner may be asked to sign a SOCIETY - approved form affirming the animal being retrieved from said property 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, this in no way holds the property owner liable for any actions of the confined animal being picked up by SOCIETY. CITY agrees to pay SOCIETY a fee of twenty-five dollars ($25.00) per each confined Domestic Animal call. This fee shall apply to each instance the SOCIETY responds to a call and picks up one or more animals, without regard to the number of animals actually picked up. 2. SOCIETY agrees to provide property owners within CITY with live traps for Domestic Animals. Property owner will be expected to sign a rental agreement and pay any trap rental fee. SOCIETY will not be responsible for monitoring and/or picking up Domestic Animals from set traps. Property owners will be responsible for bringing said animals to the SOCIETY. SOCIETY reserves the right to refuse renting live animal traps to property owners that have proven abusive of animals in set traps and/or neglectful of the responsibility of monitoring or returning a trap. Holding Periods for Stray Domestic Animals 1. SOCIETY agrees to hold stray unlicensed Domestic Animals for the CITY for three (3) consecutive days. If any such Animal is not claimed by its owner within three (3) days, the SOCIETY will be deemed to be the owner of the Domestic Animal and 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 SOCIETY. 2. Domestic Animals bearing a city license, rabies, or any type of identification tag will be held by the SOCIETY for five (5) consecutive days. Within two days of receiving a Domestic Animal, SOCIETY shall give written notice to the owner, if known, of an impounded animal. Such written notice may include, but is not limited to, a posting on such person's property and/or contact through certified mail. If any Animal is not claimed by its owner within five (5) days of written notification to the owner, the SOCIETY will be deemed to be the owner of the Domestic Animal and have the right to 2 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 SOCIETY. 3. Litters of puppies and kittens will only be held for twenty-four (24) hours. Domestic Animals that are not of age to survive on their own accord will have no required holding period; SOCIETY will have the right to determine disposition immediately upon their arrival at SOCIETY. The SOCIETY will immediately euthanize any animal that is found to be sick and/or injured beyond the care that the SOCIETY can provide. Cats appearing to be feral will require no predetermined holding period and may be euthanized immediately. Quarantine and Rabies Requirements 1. SOCIETY will assist the CITY, upon request, in securing stray dogs and cats in bite cases for purposes of quarantine and SOCIETY shall enforce all quarantine requirements, including, but is not limited to: completion of bite reports, placement of animal in a home or approved facility such as a veterinarian, or licensed boarding kennel, and communication and recording of all incidents to the Black Hawk County Health Department. 2. SOCIETY may seize and transport animals that have bitten to an approved facility such as a local veterinarian, licensed kennel, or SOCIETY's premises whenever the owner fails to quarantine an animal, which has been involved in a "bite case." All applicable fees and requirements will be satisfied in full by the owner before the animal is returned. Such requirements may include but are not limited to: boarding fees, medical fees that may be incurred while in the SOCIETY's care, transport and/or pick up fees. 3. Quarantine at the SOCIETY will be at SOCIETY's discretion. The SOCIETY will not be responsible for boarding owned animals that have bitten. The SOCIETY may and will board owned animals under unforeseen circumstances, which may include but are not limited to: owner refuses to quarantine, 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. SOCIETY, or the approved facility (such as a veterinarian or licensed boarding kennel), shall hold stray dogs and cats that have bitten a person and drawn blood in quarantine for ten (10) consecutive days. SOCIETY will bill the CITY one hundred seventy five dollars ($175.00) for each stray animal quarantined that goes unclaimed by an owner. If the Animal is not claimed by its owner within the ten (10) day holding period, the SOCIETY 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 responsible for all boarding and quarantine expenses incurred and/or other fees as set by SOCIETY. 5. SOCIETY shall make available to any person requesting rabies testing all information regarding options and fees for rabies testing. SOCIETY is not responsible for having Domestic Animals or wildlife tested for rabies. 3 Dead Animal Services and Wildlife Services 1. SOCIETY is not responsible for pick up and/or disposal of dead domestic or wildlife animals found anywhere within the City. SOCIETY will pick up and transport deceased "owned" animals from individuals residing in the CITY at the discretion of SOCIETY. The owner of a dead animal will be solely responsible for all applicable pick up, transport, and disposal fees. 2. SOCIETY is not responsible for responding to calls from third parties for sick, injured, nuisance, and/or abandoned wildlife. If SOCIETY is requested by CITY to respond to any wildlife call, the CITY agrees to pay SOCIETY a fee of sixty dollars ($60.00) per call. The SOCIETY will have the responsibility for determining the disposition and disposal of such animal. 3. SOCIETY is not responsible or required to remove nuisance wildlife from property owner's homes or other indoor structures. The SOCIETY may remove nuisance wildlife from property owner's home or other indoor structures at the discretion of the SOCIETY. The property owner will be solely responsible for all applicable removal, transport and/or handling fees. Dangerous Animals Any animal deemed to be dangerous or potentially dangerous pursuant to Title 5, Chapter 1, Article B of the Waterloo Code of Ordinances will be handled by SOCIETY in accordance with the requirements of said ordinances. Owner Surrendered Domestic Animals 1. SOCIETY is not responsible for responding to requests from individuals who wish to surrender ownership of a specific animal to SOCIETY, or for collecting animals in such situations. If an individual no longer desires to own their animal it will be that individual's responsibility to transport said animal to SOCIETY and to comply with any protocol and/or fees required to relinquish ownership of the animal to SOCIETY. The CITY has no financial responsibility to SOCIETY for animals entering the SOCIETY as owner -surrendered animals. 2. SOCIETY shall determine the fee to be charged to owners who surrender a Domestic Animal. General Terms 1. The term of this Agreement shall commence at 12:00 a.m. on August 14, 2012 and shall terminate at 11:59 p.m. on June 30, 2013; provided however, that CITY may terminate this Agreement at any time for convenience upon ninety (90) days' advance written notice to SOCIETY or at any time for cause upon thirty (30) days' advance written notice to SOCIETY. "Cause" shall mean gross neglect or gross mismanagement of SOCIETY's duties hereunder, or fraudulent conduct in the performance of said duties or otherwise 4 with respect to this Agreement. Before giving notice of termination for convenience or cause, CITY agrees to consult with SOCIETY in good faith to attempt to resolve any concerns about SOCIETY or its performance under this Agreement. SOCIETY shall have the right to terminate this Agreement at any time for cause upon thirty (30) days advance written notice to CITY. "Cause" shall include but not be limited to CITY'S failure to pay fees as required by this Agreement and/or any other material breach of this Agreement. Before giving notice of termination for cause, SOCIETY shall contact CITY in a good faith attempt to resolve the material breach. If the breach is not cured within 30 days of the notice, the Agreement shall terminate. 2. At any time after November 1, 2012, CITY may, upon fourteen (14) days' advance written notice to SOCIETY, reopen this Agreement for negotiation. The parties shall cooperate in good faith to negotiate any issues. 3. CITY agrees to pay SOCIETY the base sum of $13,063.50 per month for the services provided for in this Agreement, in addition to other specific fees provided for herein. All fees for the services of SOCIETY are to be paid within thirty (30) days after receipt of SOCIETY's invoice for same. SOCIETY 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. 4. By this Agreement CITY appoints, authorizes, and empowers SOCIETY to enforce CITY's laws pertaining to animals and animal control, including but not limited to the issuing of citations and appearances in court, including trial. 5. SOCIETY agrees to provide annual professional training for animal control officers, to the extent SOCIETY deems it financially feasible in the exercise of its reasonable judgment. 6. SOCIETY agrees to provide CITY with a monthly report, which will include complaint calls, action taken, redemptions, domestic and wildlife animal numbers, along with copies of warnings and citations. CITY shall have the right to inspect the records of SOCIETY to ensure that SOCIETY is and has abided by the provisions of this Agreement. 7. Hours of service for all services contemplated by this Agreement will be provided between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. SOCIETY will not be responsible for providing services on the following holidays: New Years Day, Easter, Memorial Day, Labor Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. 8. If a Waterloo Police officer brings a stray animal(s) to the shelter during weekend hours, (Sat & Sun 8:00 a.m. to 5:00 p.m.), City agrees to pay sixty dollars ($60.00) per intake call. SOCIETY will not be available to receive stray animals between the hours of 5:00 p.m. to 8:00 a.m. Monday through Sunday. 9. CITY agrees to indemnify and hold SOCIETY harmless from any liability based on any claim, demand, or cause of action maintained or asserted by any person, firm, association, 5 or corporation against SOCIETY as a result or on account of SOCIETY wrongfully receiving and impounding any animal from within the CITY, so long as SOCIETY has not acted negligently and has otherwise performed and complied with the terms of this Agreement and ordinances of the CITY. 10. SOCIETY agrees to indemnify, defend and hold harmless the CITY from and against any and all claims, demands, causes of action, costs, damages, losses, and liability whatsoever, including but not limited to reasonable attorneys' fees, arising from or in connection with any act or omission of SOCIETY in performing or failing to perform its duties under this Agreement, so long as CITY, by acting negligently or otherwise failing to perform the material terms of this Agreement, has not caused such act or omission of SOCIETY. 11 SOCIETY covenants and agrees that it will at its own expense procure and maintain casualty and liability insurance in the amount of not less than $1,000,000 per occurrence, with minimum limits of $100,000 for property damage. Certificates or copies of said policies, naming the CITY as an additional insured, and providing for thirty (30) days' advance notice to the CITY before cancellation, shall be delivered to CITY before SOCIETY executes and delivers this Agreement. A renewal certificate shall be provided to CITY prior to expiration of any policy. SOCIETY shall be responsible to insure its own personal property. CITY may at its own expense procure and maintain additional insurance for its own benefit. 12. SOCIETY may not assign or delegate any of its duties hereunder without the prior written consent of CITY. 13. 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. SOCIETY is an independent contractor. 14. This Agreement shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement for Animal Control Services by their duly authorized representatives as of August 6, 2012. 6 CEDAR BEND HUMANE SOCIETY CITY 01 ATERLOO, IOWA By: �l Karla Beckman, Co -Director BY: rnest G. Clark, ayor Atte Kristy Gardnner, Co -Director Suzy Sc {: ares, City Clerk 7 Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 AGREEMENT FOR ANIMAL CONTROL SERVICES FY 2013 This Agreement for Animal Control Services (the "Agreement") is made and entered into as of the date set forth below by and between the City of Waterloo, Iowa, ("CITY"), and Cedar Bend Humane Society, an Iowa non-profit corporation ("SOCIETY"). NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is mutually agreed as follows: General Duties of SOCIETY 1. SOCIETY will handle cats, dogs, and other domestic animals (collectively, "Domestic Animals") to the extent of SOCIETY's resources; provided, however, that SOCIETY 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. 2. SOCIETY 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. 3. It will be the duty and responsibility of the SOCIETY to respond to telephone calls and other communications to it. The SOCIETY shall make a complete investigation of complaints, excluding barking dogs, unsanitary complaints, wildlife, dog and cat at large and requests to trap cats, pertaining to confined Domestic Animals or bite incidents, and keep a brief written record of its investigations. The SOCIETY agrees as part of its duty and responsibility under this Agreement to seize, if necessary and possible, any Domestic Animal concerning which complaints may have been made, and SOCIETY further agrees to investigate and pursue complaints until finally disposed of in accordance with the ordinances of the CITY and statutes of Iowa, relative to the harboring or licensing of Domestic Animals contemplated by this Agreement. SOCIETY shall furnish a suitably equipped vehicle and a competent humane officer to produce Animal Control in the CITY. 4. SOCIETY shall fully cooperate with CITY and any and all departments of the CITY in enforcing the ordinances of the CITY pertaining to licensing of dogs and cats and shall not release any dog or cat to the owner thereof, or to any other person, until proof of a current valid license has been provided or unless the owner has provided an affidavit of intent to license the animal when it reaches six (6) months of age. 5. Livestock are not covered by this Agreement, and SOCIETY has no duties with respect to livestock except such duties as SOCIETY may assume from time to time in its sole discretion. If SOCIETY is requested by CITY to respond to any livestock call, the CITY agrees to pay SOCIETY a fee of sixty dollars ($60.00) per call. 6. The SOCIETY will respond to all calls and requests made by the Waterloo Police Department or other pertinent CITY officials, with no regard to animal species or situation. If SOCIETY is requested by the Waterloo Police Department or other pertinent CITY officials to respond to an animal call that is not encompassed within the terms of this Agreement, the CITY agrees to pay SOCIETY a fee of sixty dollars ($60.00) per call. Requests must be made within the designated contractual hours of 8:00 a.m.to 5:00 p.m., Monday through Friday. Confined and Unlawfully At -Large Domestic Animals 1. SOCIETY agrees to collect, impound and dispose of Domestic Animals which are unlawfully at large, as defined by Waterloo Ordinance 5-1A-1, but only if the animal is sick, injured, acting in an aggressive manner, or causing harm to another animal or person, or confined by a property owner in the territory of CITY, whether or not such Domestic Animals are licensed as provided by CITY ordinance A confined animal, either domestic or wild, is one that is deprived of the ability to roam free, including but not limited to an animal kept in a building or on a leash, and is not owned by the property owner where the animal is confined. Property owner may be asked to sign a SOCIETY - approved form affirming the animal being retrieved from said property 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, this in no way holds the property owner liable for any actions of the confined animal being picked up by SOCIETY. CITY agrees to pay SOCIETY a fee of twenty-five dollars ($25.00) per each confined Domestic Animal call. This fee shall apply to each instance the SOCIETY responds to a call and picks up one or more animals, without regard to the number of animals actually picked up. 2. SOCIETY agrees to provide property owners within CITY with live traps for Domestic Animals. Property owner will be expected to sign a rental agreement and pay any trap rental fee. SOCIETY will not be responsible for monitoring and/or picking up Domestic Animals from set traps. Property owners will be responsible for bringing said animals to the SOCIETY. SOCIETY reserves the right to refuse renting live animal traps to property owners that have proven abusive of animals in set traps and/or neglectful of the responsibility of monitoring or returning a trap. Holding Periods for Stray Domestic Animals 1. SOCIETY agrees to hold stray unlicensed Domestic Animals for the CITY for three (3) consecutive days. If any such Animal is not claimed by its owner within three (3) days, the SOCIETY will be deemed to be the owner of the Domestic Animal and 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 SOCIETY. 2. Domestic Animals bearing a city license, rabies, or any type of identification tag will be held by the SOCIETY for five (5) consecutive days. Within two days of receiving a Domestic Animal, SOCIETY shall give written notice to the owner, if known, of an impounded animal. Such written notice may include, but is not limited to, a posting on such person's property and/or contact through certified mail. If any Animal is not claimed by its owner within five (5) days of written notification to the owner, the SOCIETY will be deemed to be the owner of the Domestic Animal and have the right to 2 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 SOCIETY. 3. Litters of puppies and kittens will only be held for twenty-four (24) hours. Domestic Animals that are not of age to survive on their own accord will have no required holding period; SOCIETY will have the right to determine disposition immediately upon their arrival at SOCIETY. The SOCIETY will immediately euthanize any animal that is found to be sick and/or injured beyond the care that the SOCIETY can provide. Cats appearing to be feral will require no predetermined holding period and may be euthanized immediately. Quarantine and Rabies Requirements 1. SOCIETY will assist the CITY, upon request, in securing stray dogs and cats in bite cases for purposes of quarantine and SOCIETY shall enforce all quarantine requirements, including, but is not limited to: completion of bite reports, placement of animal in a home or approved facility such as a veterinarian, or licensed boarding kennel, and communication and recording of all incidents to the Black Hawk County Health Department. 2. SOCIETY may seize and transport animals that have bitten to an approved facility such as a local veterinarian, licensed kennel, or SOCIETY's premises whenever the owner fails to quarantine an animal, which has been involved in a "bite case." All applicable fees and requirements will be satisfied in full by the owner before the animal is returned. Such requirements may include but are not limited to: boarding fees, medical fees that may be incurred while in the SOCIETY's care, transport and/or pick up fees. 3. Quarantine at the SOCIETY will be at SOCIETY's discretion. The SOCIETY will not be responsible for boarding owned animals that have bitten. The SOCIETY may and will board owned animals under unforeseen circumstances, which may include but are not limited to: owner refuses to quarantine, 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. SOCIETY, or the approved facility (such as a veterinarian or licensed boarding kennel), shall hold stray dogs and cats that have bitten a person and drawn blood in quarantine for ten (10) consecutive days. SOCIETY will bill the CITY one hundred seventy five dollars ($175.00) for each stray animal quarantined that goes unclaimed by an owner. If the Animal is not claimed by its owner within the ten (10) day holding period, the SOCIETY 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 responsible for all boarding and quarantine expenses incurred and/or other fees as set by SOCIETY. 5. SOCIETY shall make available to any person requesting rabies testing all information regarding options and fees for rabies testing. SOCIETY is not responsible for having Domestic Animals or wildlife tested for rabies. 3 Dead Animal Services and Wildlife Services 1. SOCIETY is not responsible for pick up and/or disposal of dead domestic or wildlife animals found anywhere within the City. SOCIETY will pick up and transport deceased "owned" animals from individuals residing in the CITY at the discretion of SOCIETY. The owner of a dead animal will be solely responsible for all applicable pick up, transport, and disposal fees. 2. SOCIETY is not responsible for responding to calls from third parties for sick, injured, nuisance, and/or abandoned wildlife. If SOCIETY is requested by CITY to respond to any wildlife call, the CITY agrees to pay SOCIETY a fee of sixty dollars ($60.00) per call. The SOCIETY will have the responsibility for determining the disposition and disposal of such animal. 3. SOCIETY is not responsible or required to remove nuisance wildlife from property owner's homes or other indoor structures. The SOCIETY may remove nuisance wildlife from property owner's home or other indoor structures at the discretion of the SOCIETY. The property owner will be solely responsible for all applicable removal, transport and/or handling fees. Dangerous Animals Any animal deemed to be dangerous or potentially dangerous pursuant to Title 5, Chapter 1, Article B of the Waterloo Code of Ordinances will be handled by SOCIETY in accordance with the requirements of said ordinances. Owner Surrendered Domestic Animals 1. SOCIETY is not responsible for responding to requests from individuals who wish to surrender ownership of a specific animal to SOCIETY, or for collecting animals in such situations. If an individual no longer desires to own their animal it will be that individual's responsibility to transport said animal to SOCIETY and to comply with any protocol and/or fees required to relinquish ownership of the animal to SOCIETY. The CITY has no financial responsibility to SOCIETY for animals entering the SOCIETY as owner -surrendered animals. 2. SOCIETY shall determine the fee to be charged to owners who surrender a Domestic Animal. General Terms 1. The term of this Agreement shall commence at 12:00 a.m. on August 14, 2012 and shall terminate at 11:59 p.m. on June 30, 2013; provided however, that CITY may terminate this Agreement at any time for convenience upon ninety (90) days' advance written notice to SOCIETY or at any time for cause upon thirty (30) days' advance written notice to SOCIETY. "Cause" shall mean gross neglect or gross mismanagement of SOCIETY's duties hereunder, or fraudulent conduct in the performance of said duties or otherwise 4 with respect to this Agreement. Before giving notice of termination for convenience or cause, CITY agrees to consult with SOCIETY in good faith to attempt to resolve any concerns about SOCIETY or its performance under this Agreement. SOCIETY shall have the right to terminate this Agreement at any time for cause upon thirty (30) days advance written notice to CITY. "Cause" shall include but not be limited to CITY'S failure to pay fees as required by this Agreement and/or any other material breach of this Agreement. Before giving notice of termination for cause, SOCIETY shall contact CITY in a good faith attempt to resolve the material breach. If the breach is not cured within 30 days of the notice, the Agreement shall terminate. 2. At any time after November 1, 2012, CITY may, upon fourteen (14) days' advance written notice to SOCIETY, reopen this Agreement for negotiation. The parties shall cooperate in good faith to negotiate any issues. 3. CITY agrees to pay SOCIETY the base sum of $13,063.50 per month for the services provided for in this Agreement, in addition to other specific fees provided for herein. All fees for the services of SOCIETY are to be paid within thirty (30) days after receipt of SOCIETY's invoice for same. SOCIETY 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. 4. By this Agreement CITY appoints, authorizes, and empowers SOCIETY to enforce CITY's laws pertaining to animals and animal control, including but not limited to the issuing of citations and appearances in court, including trial. 5. SOCIETY agrees to provide annual professional training for animal control officers, to the extent SOCIETY deems it financially feasible in the exercise of its reasonable judgment. 6. SOCIETY agrees to provide CITY with a monthly report, which will include complaint calls, action taken, redemptions, domestic and wildlife animal numbers, along with copies of warnings and citations. CITY shall have the right to inspect the records of SOCIETY to ensure that SOCIETY is and has abided by the provisions of this Agreement. 7. Hours of service for all services contemplated by this Agreement will be provided between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. SOCIETY will not be responsible for providing services on the following holidays: New Years Day, Easter, Memorial Day, Labor Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. 8. If a Waterloo Police officer brings a stray animal(s) to the shelter during weekend hours, (Sat & Sun 8:00 a.m. to 5:00 p.m.), City agrees to pay sixty dollars ($60.00) per intake call. SOCIETY will not be available to receive stray animals between the hours of 5:00 p.m. to 8:00 a.m. Monday through Sunday. 9. CITY agrees to indemnify and hold SOCIETY harmless from any liability based on any claim, demand, or cause of action maintained or asserted by any person, firm, association, 5 or corporation against SOCIETY as a result or on account of SOCIETY wrongfully receiving and impounding any animal from within the CITY, so long as SOCIETY has not acted negligently and has otherwise performed and complied with the terms of this Agreement and ordinances of the CITY. 10. SOCIETY agrees to indemnify, defend and hold harmless the CITY from and against any and all claims, demands, causes of action, costs, damages, losses, and liability whatsoever, including but not limited to reasonable attorneys' fees, arising from or in connection with any act or omission of SOCIETY in performing or failing to perform its duties under this Agreement, so long as CITY, by acting negligently or otherwise failing to perform the material terms of this Agreement, has not caused such act or omission of SOCIETY. 11 SOCIETY covenants and agrees that it will at its own expense procure and maintain casualty and liability insurance in the amount of not less than $1,000,000 per occurrence, with minimum limits of $100,000 for property damage. Certificates or copies of said policies, naming the CITY as an additional insured, and providing for thirty (30) days' advance notice to the CITY before cancellation, shall be delivered to CITY before SOCIETY executes and delivers this Agreement. A renewal certificate shall be provided to CITY prior to expiration of any policy. SOCIETY shall be responsible to insure its own personal property. CITY may at its own expense procure and maintain additional insurance for its own benefit. 12. SOCIETY may not assign or delegate any of its duties hereunder without the prior written consent of CITY. 13. 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. SOCIETY is an independent contractor. 14. This Agreement shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement for Animal Control Services by their duly authorized representatives as of August 6, 2012. 6 CEDAR BEND HUMANE SOCIETY CITY O AI'LRLOO, IOWA By: By: Karla Beckman, Co -Director rnest G. Clark, Mayor By: Atte Kristy Gardner, Co -Director Suzy Sc r; ares, City Clerk 7 AGREEMENT FOR ANIMAL CONTROL SERVICES FY 2013 This Agreement for Animal Control Services (the "Agreement") is made and entered into as of the date set forth below by and between the City of Waterloo, Iowa, ("CITY"), and Cedar Bend Humane Society, an Iowa non-profit corporation ("SOCIETY"). NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is mutually agreed as follows: General Duties of SOCIETY 1. SOCIETY will handle cats, dogs, and other domestic animals (collectively, "Domestic Animals") to the extent of SOCIETY's resources; provided, however, that SOCIETY 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. 2. SOCIETY 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. 3. It will be the duty and responsibility of the SOCIETY to respond to telephone calls and other communications to it. The SOCIETY shall make a complete investigation of complaints, excluding barking dogs, unsanitary complaints, wildlife, dog and cat at large and requests to trap cats, pertaining to confined Domestic Animals or bite incidents, and keep a brief written record of its investigations. The SOCIETY agrees as part of its duty and responsibility under this Agreement to seize, if necessary and possible, any Domestic Animal concerning which complaints may have been made, and SOCIETY further agrees to investigate and pursue complaints until finally disposed of in accordance with the ordinances of the CITY and statutes of Iowa, relative to the harboring or licensing of Domestic Animals contemplated by this Agreement. SOCIETY shall furnish a suitably equipped vehicle and a competent humane officer to produce Animal Control in the CITY. 4. SOCIETY shall fully cooperate with CITY and any and all departments of the CITY in enforcing the ordinances of the CITY pertaining to licensing of dogs and cats and shall not release any dog or cat to the owner thereof, or to any other person, until proof of a current valid license has been provided or unless the owner has provided an affidavit of intent to license the animal when it reaches six (6) months of age. 5. Livestock are not covered by this Agreement, and SOCIETY has no duties with respect to livestock except such duties as SOCIETY may assume from time to time in its sole discretion. If SOCIETY is requested by CITY to respond to any livestock call, the CITY agrees to pay SOCIETY a fee of sixty dollars ($60.00) per call. 6. The SOCIETY will respond to all calls and requests made by the Waterloo Police Department or other pertinent CITY officials, with no regard to animal species or situation. If SOCIETY is requested by the Waterloo Police Department or other pertinent CITY officials to respond to an animal call that is not encompassed within the terms of this Agreement, the CITY agrees to pay SOCIETY a fee of sixty dollars ($60.00) per call. Requests must be made within the designated contractual hours of 8:00 a.m.to 5:00 p.m., Monday through Friday. Confined and Unlawfully At -Large Domestic Animals 1. SOCIETY agrees to collect, impound and dispose of Domestic Animals which are unlawfully at large, as defined by Waterloo Ordinance 5-1A-1, but only if the animal is sick, injured, acting in an aggressive manner, or causing harm to another animal or person, or confined by a property owner in the territory of CITY, whether or not such Domestic Animals are licensed as provided by CITY ordinance. A confined animal, either domestic or wild, is one that is deprived of the ability to roam free, including but not limited to an animal kept in a building or on a leash, and is not owned by the property owner where the animal is confined. Property owner may be asked to sign a SOCIETY - approved form affirming the animal being retrieved from said property 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, this in no way holds the property owner liable for any actions of the confined animal being picked up by SOCIETY. CITY agrees to pay SOCIETY a fee of twenty-five dollars ($25.00) per each confined Domestic Animal call. This fee shall apply to each instance the SOCIETY responds to a call and picks up one or more animals, without regard to the number of animals actually picked up. 2. SOCIETY agrees to provide property owners within CITY with live traps for Domestic Animals. Property owner will be expected to sign a rental agreement and pay any trap rental fee. SOCIETY will not be responsible for monitoring and/or picking up Domestic Animals from set traps. Property owners will be responsible for bringing said animals to the SOCIETY. SOCIETY reserves the right to refuse renting live animal traps to property owners that have proven abusive of animals in set traps and/or neglectful of the responsibility of monitoring or returning a trap. Holding Periods for Stray Domestic Animals 1. SOCIETY agrees to hold stray unlicensed Domestic Animals for the CITY for three (3) consecutive days. If any such Animal is not claimed by its owner within three (3) days, the SOCIETY will be deemed to be the owner of the Domestic Animal and 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 SOCIETY. 2. Domestic Animals bearing a city license, rabies, or any type of identification tag will be held by the SOCIETY for five (5) consecutive days. Within two days of receiving a Domestic Animal, SOCIETY shall give written notice to the owner, if known, of an impounded animal. Such written notice may include, but is not limited to, a posting on such person's property and/or contact through certified mail. If any Animal is not claimed by its owner within five (5) days of written notification to the owner, the SOCIETY will be deemed to be the owner of the Domestic Animal and have the right to 2 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 SOCIETY. 3. Litters of puppies and kittens will only be held for twenty-four (24) hours. Domestic Animals that are not of age to survive on their own accord will have no required holding period; SOCIETY will have the right to determine disposition immediately upon their arrival at SOCIETY. The SOCIETY will immediately euthanize any animal that is found to be sick and/or injured beyond the care that the SOCIETY can provide. Cats appearing to be feral will require no predetermined holding period and may be euthanized immediately. Quarantine and Rabies Requirements 1. SOCIETY will assist the CITY, upon request, in securing stray dogs and cats in bite cases for purposes of quarantine and SOCIETY shall enforce all quarantine requirements, including, but is not limited to: completion of bite reports, placement of animal in a home or approved facility such as a veterinarian, or licensed boarding kennel, and communication and recording of all incidents to the Black Hawk County Health Department. 2. SOCIETY may seize and transport animals that have bitten to an approved facility such as a local veterinarian, licensed kennel, or SOCIETY's premises whenever the owner fails to quarantine an animal which has been involved in a "bite case." All applicable fees and requirements will be satisfied in full by the owner before the animal is returned. Such requirements may include but are not limited to: boarding fees, medical fees that may be incurred while in the SOCIETY's care, transport and/or pick up fees. 3. Quarantine at the SOCIETY will be at SOCIETY's discretion. The SOCIETY will not be responsible for boarding owned animals that have bitten. The SOCIETY may and will board owned animals under unforeseen circumstances, which may include but are not limited to: owner refuses to quarantine, 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. SOCIETY, or the approved facility (such as a veterinarian or licensed boarding kennel), shall hold stray dogs and cats that have bitten a person and drawn blood in quarantine for ten (10) consecutive days. SOCIETY will bill the CITY one hundred seventy five dollars ($175.00) for each stray animal quarantined that goes unclaimed by an owner. If the Animal is not claimed by its owner within the ten (10) day holding period, the SOCIETY 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 responsible for all boarding and quarantine expenses incurred and/or other fees as set by SOCIETY. 5. SOCIETY shall make available to any person requesting rabies testing all information regarding options and fees for rabies testing. SOCIETY is not responsible for having Domestic Animals or wildlife tested for rabies. 3 Dead Animal Services and Wildlife Services 1. SOCIETY is not responsible for pick up and/or disposal of dead domestic or wildlife animals found anywhere within the City. SOCIETY will pick up and transport deceased "owned" animals from individuals residing in the CITY at the discretion of SOCIETY. The owner of a dead animal will be solely responsible for all applicable pick up, transport, and disposal fees. 2. SOCIETY is not responsible for responding to calls from third parties for sick, injured, nuisance, and/or abandoned wildlife. If SOCIETY is requested by CITY to respond to any wildlife call, the CITY agrees to pay SOCIETY a fee of sixty dollars ($60.00) per call. The SOCIETY will have the responsibility for determining the disposition and disposal of such animal. 3. SOCIETY is not responsible or required to remove nuisance wildlife from property owner's homes or other indoor structures. The SOCIETY may remove nuisance wildlife from property owner's home or other indoor structures at the discretion of the SOCIETY. The property owner will be solely responsible for all applicable removal, transport and/or handling fees. Dangerous Animals Any animal deemed to be dangerous or potentially dangerous pursuant to Title 5, Chapter 1, Article B of the Waterloo Code of Ordinances will be handled by SOCIETY in accordance with the requirements of said ordinances. Owner Surrendered Domestic Animals 1. SOCIETY is not responsible for responding to requests from individuals who wish to surrender ownership of a specific animal to SOCIETY, or for collecting animals in such situations. If an individual no longer desires to own their animal it will be that individual's responsibility to transport said animal to SOCIETY and to comply with any protocol and/or fees required to relinquish ownership of the animal to SOCIETY. The CITY has no financial responsibility to SOCIETY for animals entering the SOCIETY as owner -surrendered animals. 2. SOCIETY shall determine the fee to be charged to owners who surrender a Domestic Animal. General Terms 1. The term of this Agreement shall commence at 12:00 a.m. on August 14, 2012 and shall terminate at 11:59 p.m. on June 30, 2013; provided however, that CITY may terminate this Agreement at any time for convenience upon ninety (90) days' advance written notice to SOCIETY or at any time for cause upon thirty (30) days' advance written notice to SOCIETY. "Cause" shall mean gross neglect or gross mismanagement of SOCIETY's duties hereunder, or fraudulent conduct in the performance of said duties or otherwise 4 with respect to this Agreement. Before giving notice of termination for convenience or cause, CITY agrees to consult with SOCIETY in good faith to attempt to resolve any concerns about SOCIETY or its performance under this Agreement. SOCIETY shall have the right to terminate this Agreement at any time for cause upon thirty (30) days advance written notice to CITY. "Cause" shall include but not be limited to CITY'S failure to pay fees as required by this Agreement and/or any other material breach of this Agreement. Before giving notice of termination for cause, SOCIETY shall contact CITY in a good faith attempt to resolve the material breach. If the breach is not cured within 30 days of the notice, the Agreement shall terminate. 2. At any time after November 1, 2012, CITY may, upon fourteen (14) days' advance written notice to SOCIETY, reopen this Agreement for negotiation. The parties shall cooperate in good faith to negotiate any issues. 3. CITY agrees to pay SOCIETY the base sum of $13,063.50 per month for the services provided for in this Agreement, in addition to other specific fees provided for herein. All fees for the services of SOCIETY are to be paid within thirty (30) days after receipt of SOCIETY's invoice for same. SOCIETY 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. 4. By this Agreement CITY appoints, authorizes, and empowers SOCIETY to enforce CITY's laws pertaining to animals and animal control, including but not limited to the issuing of citations and appearances in court, including trial. 5. SOCIETY agrees to provide annual professional training for animal control officers, to the extent SOCIETY deems it financially feasible in the exercise of its reasonable judgment. 6. SOCIETY agrees to provide CITY with a monthly report which will include complaint calls, action taken, redemptions, domestic and wildlife animal numbers, along with copies of warnings and citations. CITY shall have the right to inspect the records of SOCIETY to ensure that SOCIETY is and has abided by the provisions of this Agreement. 7. Hours of service for all services contemplated by this Agreement will be provided between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. SOCIETY will not be responsible for providing services on the following holidays: New Years Day, Easter, Memorial Day, Labor Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. 8. If a Waterloo Police officer brings a stray animal(s) to the shelter during weekend hours, (Sat & Sun 8:00 a.m. to 5:00 p.m.), City agrees to pay sixty dollars ($60.00) per intake call. SOCIETY will not be available to receive stray animals between the hours of 5:00 p.m. to 8:00 a.m. Monday through Sunday. 9. CITY agrees to indemnify and hold SOCIETY harmless from any liability based on any claim, demand, or cause of action maintained or asserted by any person, firm, association, 5 or corporation against SOCIETY as a result or on account of SOCIETY wrongfully receiving and impounding any animal from within the CITY, so long as SOCIETY has not acted negligently and has otherwise performed and complied with the terms of this Agreement and ordinances of the CITY. 10. SOCIETY agrees to indemnify, defend and hold harmless the CITY from and against any and all claims, demands, causes of action, costs, damages, losses, and liability whatsoever, including but not limited to reasonable attorneys' fees, arising from or in connection with any act or omission of SOCIETY in performing or failing to perform its duties under this Agreement, so long as CITY, by acting negligently or otherwise failing to perform the material terms of this Agreement, has not caused such act or omission of SOCIETY. 11. SOCIETY covenants and agrees that it will at its own expense procure and maintain casualty and liability insurance in the amount of not less than $1,000,000 per occurrence, with minimum limits of $100,000 for property damage. Certificates or copies of said policies, naming the CITY as an additional insured, and providing for thirty (30) days' advance notice to the CITY before cancellation, shall be delivered to CITY before SOCIETY executes and delivers this Agreement. A renewal certificate shall be provided to CITY prior to expiration of any policy. SOCIETY shall be responsible to insure its own personal property. CITY may at its own expense procure and maintain additional insurance for its own benefit. 12. SOCIETY may not assign or delegate any of its duties hereunder without the prior written consent of CITY. 13. 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. SOCIETY is an independent contractor. 14. This Agreement shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement for Animal Control Services by their duly authorized representatives as of August 6, 2012. 6 CEDAR BEND HUMANE SOCIETY CITY OF„ ATERLOO, IOWA By: V, •�.le - Karla Beckman, Co -Director By: ii/), )riS c2,-G4LA Kristy G dner, Co -Director 7 By: rnest G. Clar , Mayor Attest: Suzy Schares, City Clerk