HomeMy WebLinkAboutCedar Bend Humane Society-6/19/2017Please return this copy to:
City Clerk & Finance Dept.
715 Mury
Waterloo.lberlA 507St.03
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 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 -Large Domestic Animals.
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 - Holding 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 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 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 6-45. 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 $51..00 drop-off fees
identified in Section 6.2.5
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 - $51.00 for litter and additional $51.00 for mother that is dropped off at the same time
as the litter.
c. Stray cats trapped - $51.00
d. 3 -day storage and disposal of dead animal without known owner - $51.00
e. Other Domestic Stray Animal drop-offs by City or public - $51.00
f. Non -Domestic Animal drop-offs by City or public - $51.00
g. Stray Domestic Animal litters —Contractor shall charge a single fee of $51.00 litter for infant cats and
dogs that still have their eyes closed, otherwise each animal will be charged individually.
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 to charge 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. Contractor shall bill the city a 2% service charge for all pick up fees collected by contractor as
identifies in section 6.4. This service charge will be deducted from the amount owed by the contractor
to the city each month for pick-up and licensing fees.
6.6. 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 July 1, 2017 and shall
thereafter provide services hereunder until 11:59 p.m. on June 30, 2020 with a yearly increase of $.25
per day (for 3 day hold) each year after, bringing the animal cost to $51.75 for FY2019 and the animal
cost to $52.50 for FY2020, unless this Agreement is terminated earlier as provided in paragraph 7.2.
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 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, 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, 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 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.
In addition, Contractor shall obtain 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 party.
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.8
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 finds 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 c)U`--e- �, , 2017.
CEDAR BEND HUMANE SOCIETY CITY OF WATERLOO, IOWA
By: �G� r `oc
By: LLLLJY*&
Karla Beckman, Co -Director Quentin Hart, Mayor.
By: C_ r " Attest: '., < i, i."
Kristy Gardner, Co -Director Kelley Felchle, 6ty Clerk