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HomeMy WebLinkAboutCedar Bend Humane Society-11/7/2011AGREEMENT FOR ANIMAL CONTROL SERVICES 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 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 pertaining to Domestic Animals, confined or at -large, 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. Confined and Unlawfully At -Lame Domestic Animals 1. SOCIETY agrees to collect, impound and dispose of dogs, cats, and all other domestic animals (collectively, "Domestic Animals") which are unlawfully at large, as defined by Waterloo Ordinance 5-1A-1, 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. 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; however, there will be no charge to rent the trap(s). SOCIETY agrees to pick up and dispose of Domestic Animals from set traps. All traps must be collected or "tripped" by 4:00 p.m. SOCIETY reserves the right to refuse setting live animal traps for property owners that have proven abusive of animals in set traps and/or neglectful of "tripping" or informing SOCIETY when a desired animal has been confined within a set trap. Holding Periods for Stray Domestic Animals 1. SOCIETY agrees to hold stray unlicensed Domestic Animals for the CITY for five (5) consecutive days. If any such 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 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 seven (7) consecutive days from the date of written notice to the owner. 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 seven (7) 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 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. 2 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. 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 agrees to have any stray or owned Domestic Animal transported and rabies tested upon request, at the expense of the requestor, or to have any other animal transported and rabies tested if the SOCIETY determines in its own discretion that such testing is necessary. Testing will only be performed when a proper quarantine period is unable to be obtained, and/or at the discretion of the SOCIETY. 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 wildlife tested. Dead Animal Services and Wildlife Services 1. SOCIETY agrees to pick up and dispose of all dead domestic and wildlife animals found anywhere within the CITY promptly when requested by CITY, between the hours of 8:00 a.m. and 5:00 p.m. CITY agrees to pay SOCIETY a fee of fifty-five dollars ($55.00) for the pick up and disposal of each dead deer. 3 2. SOCIETY is not responsible for pick up and/or transportation of deceased domestic "owned" animals from individuals residing in 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. 3. SOCIETY is not responsible for responding to calls 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. 4. 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. Emergency Night Call Services 1. SOCIETY agrees to provide emergency animal control services to the CITY between the hours of 5:00 p.m. and 8:00 a.m. seven days a week. SOCIETY agrees to provide at least one animal control officer that will respond to calls and pick up Domestic Animals on an emergency basis only. Emergency services that will be responded to include but are not limited to: any sick or injured domestic animal, confined stray dogs, animals acting in an aggressive manner, domestic animals that are posing a direct threat or causing harm to a person and/or a Domestic Animal, and animals involved in an animal bite incident. 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, situation, or time of call. If SOCIETY is requested by CITY to respond to any additional calls the CITY agrees to pay SOCIETY a fee of sixty dollars ($60.00) per call. Dog Park Monitoring SOCIETY is not responsible for monitoring the CITY -owned dog park, but SOCIETY shall respond to all calls and incidents stemming from the use of the dog park. 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 4 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 November 8, 2011 and shall terminate at 11:59 p.m. on June 30, 2012; 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 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. CITY agrees to pay SOCIETY the sum of $17,229.50 per month for the services provided for in this Agreement. In addition, CITY agrees to pay SOCIETY additional fees for pick up and disposal of deceased deer and/or pick up of wildlife, on the terms set forth in this Agreement. 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. 3. 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. 4. 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. 5. 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. 5 6. 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. unless otherwise specified herein. 7. 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, 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. 8. 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. 9. 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. 10. SOCIETY may not assign or delegate any of its duties hereunder without the prior written consent of CITY. 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. SOCIETY is an independent contractor. 12. This Agreement shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 13. 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 November ( , 2011. 6 CEDAR BEND HUMANE SOCIETY CITY OF BY: 1 By: Karla Beckman, Co -Director By: )� i Kristy Gakdner, Co -Director 7 TERLOO, IOWA mest G. Clark, Mayor Attest: