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HomeMy WebLinkAboutCity of Cedar Falls-Animal Control Services Agreement-10.19.2020AGREEMENT BETWEEN THE CITY OF CEDAR FALLS, IOWA AND THE CITY OF WATERLOO, IOWA FOR ANIMAL CONTROL SERVICES This Agreement is made the 19th day of October , 2020, by and between the City of Cedar Falls, Iowa, an Iowa municipality (hereinafter "Cedar Falls"), and the City of Waterloo, Iowa, an Iowa municipality (hereinafter "Waterloo"). Recitals WHEREAS, Cedar Falls desires to provide the residents of the City of Cedar Falls with certain animal control services; and WHEREAS, Waterloo, through its Animal Control Services department or by contract with Cedar Bend Humane Society, possesses the skills, training, experience, and ability to perform animal control services required by Cedar Falls for the residents of the City of Cedar Falls, and the parties have reached agreement thereon and desire to reduce their agreement to writing; and WHEREAS, Iowa Code Section 28E.12 allows any one or more public agencies in Iowa, including cities, to contract with one another to perform any governmental service, activity, or undertaking which any of the public agencies entering into the contract is authorized by law to perform. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth below, it is mutually agreed as follows: Basic Animal Services Waterloo (which for purposes of this Agreement shall include its contracted agents) shall provide the following Basic Animal Services for domesticated dogs, cats, and other domestic animals (hereinafter collectively referred to as "Domestic Animals"), and sick and injured wildlife animals, except for livestock: 1 1. Facilities. Waterloo shall employ competent persons to perform all necessary duties and functions of, and furnish and maintain facilities and equipment adequate for, the housing, shelter, care and disposal of Domestic Animals, as required for an animal pound or animal shelter under the statutes of Iowa. Such housing, shelter, care and disposal services for Domestic Animals shall be furnished at facilities of the Cedar Bend Humane Society, 1166 W. Airline Highway, Waterloo, IA 50703, or at such alternate location(s) that Waterloo may establish as an animal pound or shelter (hereinafter called the "Facilities"). 2. Equipment and Personnel. Waterloo shall furnish a suitably equipped vehicle and a competent humane officer or officers to provide animal control services in the City of Cedar Falls. 3. Impound Services. Waterloo shall collect and impound Domestic Animals, licensed or unlicensed, unlawfully at large or confined within the City of Cedar Falls in violation of the ordinances of Cedar Falls. a. Medical Examination. Waterloo shall medically examine all incoming animals to determine whether the incoming animal will be subject to a hold, will be euthanized, or subject to quarantine. i. Waterloo shall inoculate all animals subject to a hold for diseases common to their species. ii. Waterloo shall immediately euthanize any animal that is found to be sick, injured or not old enough to survive on its own accord or is beyond the care that the shelter can provide. iii. Stray cats appearing to be feral may be euthanized immediately. b. Animals Subject to a Hold. i. Waterloo shall hold stray dogs and cats for five (5) consecutive days if there is no known owner. If no owner claims said animal within the five (5) day holding period, Waterloo shall assume ownership. ii. Waterloo shall hold stray dogs and cats with identifying information, such as a license, rabies tag, ID tag, or microchip, for seven (7) days. Waterloo shall attempt to contact the owner utilizing the animal's identifying information. Contact may include phone call(s), and shall include posting written notice on the residence of the dog or cat owner, and posting of notice on Waterloo's website, if such owner is known. If no owner claims said animal within the seven (7) day waiting period, Waterloo shall assume ownership. iii. Waterloo shall assume ownership of stray kittens and puppies that enter the shelter as a litter, or appear under the age of eight weeks old, after a holding period of twenty-four (24) hours. 2 4. Complaint Services. Waterloo shall respond to complaints regarding Domestic Animals located within the city limits of Cedar Falls. a. Investigation. Waterloo shall investigate and pursue complaints until finally disposed of in accordance with the Cedar Falls Code of Ordinances and the Iowa Code relating to harboring or licensing of Domestic Animals. b. Record of Investigations. Waterloo shall make a complete investigation of complaints, excluding barking dogs, pertaining to Domestic Animals and keep a brief written record of its investigations. c. Seizure. Waterloo shall seize, if necessary and possible, any Domestic Animal which is the subject of a complaint. 5. Quarantine Services. Waterloo shall seize stray dogs and cats which must be quarantined as a result of a bite case. Dogs and cats are subject to quarantine if they have bitten a person and drawn blood. The quarantine period shall be for ten (10) days. a. Location of Quarantine. Waterloo shall determine the location of the quarantine. Quarantine at Waterloo's Facilities will be at Waterloo's discretion. Waterloo shall not be responsible for quarantining animals with known owners. Waterloo may board owned animals if the owner refuses to quarantine, the animal is unusually aggressive and poses a direct threat to others, or an uncontrolled situation prevents the owner from being able to quarantine the animal. In the event quarantine cannot occur on the owner's premises, or at the request of Cedar Falls, Waterloo shall transport animals to be quarantined to an approved facility such as a local veterinarian, licensed kennel, or Waterloo's Facilities. b. Reporting Requirements. Waterloo shall complete bite reports and communicate and record all incidents as required by the Black Hawk County Health Department. c. Fees. Owners will be responsible for payment of quarantine fees, which include boarding fees, medical fees, transport fees and/or pick up fees. If the owner of a quarantined animal is known and can be located, the owner shall be billed for the quarantine fees. All quarantine fees must be paid in full by the end of the ten (10) day quarantine period, or Waterloo will not return the quarantined animal to the owner. In the event the owner fails to pay the quarantine fee by the end of the ten (10) day quarantine period, Waterloo shall assume ownership of the animal. 3 d. Rabies Testing Information. Waterloo is not responsible for providing rabies testing; however, Waterloo shall provide to the public, upon request, information about options and fees for rabies testing. 6. Other Terms. Waterloo agrees to the following provisions pursuant to this Agreement: a. Waterloo may charge and retain a fee which is charged to the animal owner of not to exceed $50.00 for accepting each Domestic Animal taken to the Facilities of Waterloo as provided for in this Agreement. b. Waterloo may charge a maximum fee of $10.00 per day to the animal owner for boarding a Domestic Animal at the Facilities of Waterloo pursuant to this Agreement. c. Waterloo acknowledges that Cedar Falls does not require microchipping, spaying, or neutering of any animal that is handled by Waterloo pursuant to this Agreement. d. Waterloo agrees that prior to returning any animal taken to the Facilities of Waterloo under this Agreement, Waterloo will insure that the animal is up to date on all shots and City of Cedar Falls licensing. e. Should Waterloo deem a citation should be issued for any Domestic Animal incident handled under this Agreement, the final decision whether to issue a citation under the ordinances of Cedar Falls shall be based upon the review of an animal control officer of Waterloo and a public safety officer of Cedar Falls. f. Cedar Falls' public safety officers shall attempt to pick up and hold animals in the Cedar Falls Police Department garage during late - night hours for next -day pickup, to avoid late -night call -outs, or will attempt to drop off a Domestic Animal at the Cedar Bend Humane Society drop-off location. Nevertheless, some late -night calls may still occur if the public safety officer for Cedar Falls is not successful in capturing the animal. g. Cedar Falls' public safety officers shall handle all barking dog complaints in the City of Cedar Falls. h. Waterloo may, in its sole discretion, euthanize or dispose of by sale or by donation to a suitable animal shelter or rescue organization any animal as to which it assumes or is deemed to assume ownership under this Agreement. 4 7 Hours. a. Hours of Services. Basic Animal Services shall be provided twenty- four (24) hours per day, seven (7) days per week, during the entire term of this Agreement. b. Normal Business Hours. For purposes of determining fees for certain services as provided in Section 8 and Section 9 of this Agreement, Waterloo's normal business hours shall be 8:00 a.m. to 4:00 p.m., daily, that is, Monday through Sunday (hereinafter referred to as "Normal Business Hours"). 8. Fees. Cedar Falls shall pay Waterloo in monthly installments for Basic Animal Services for the term of this Agreement, as follows: a. A fee of $117.60 per call for each Domestic Animal call which occurs during Normal Business Hours, as defined in Section 7(b) of this Agreement. b. A fee of $134.40 per call for each Domestic Animal call which occurs outside of Normal Business Hours. c. A fee of $103.95 per call for each wild animal call (sick or injured wildlife only) which occurs during Normal Business Hours. d. A fee of $115.50 per call for each wild animal call (sick or injured wildlife only) which occurs outside of Normal Business Hours. Waterloo shall bill for Basic Animal Services and for other services provided under this Agreement on a calendar monthly basis for services provided in the preceding month, and Cedar Falls shall remit payment within three (3) weeks of receiving Waterloo's invoice. The amounts listed for fees in this paragraph 8 shall remain in effect for a period of one year. Commencing with the second year of this Agreement, and for every subsequent year of this Agreement, including automatic renewal terms, the amounts for fees may be increased by a maximum of 2.5 %, upon at least 30 days advance notice thereof. Additional Services Waterloo shall provide the following additional services: 9. Dead Animal Pickup. Waterloo shall promptly pick up and dispose of all dead Domestic Animals and wildlife found anywhere within the City of Cedar Falls when requested by Cedar Falls, during Normal Business Hours. The fees for dead animal pick-up and disposal under this Agreement shall be as follows: 5 a. A fee of $71.40 for pick-up and disposal of each dead animal other than deer. b. A fee of $81.90 for pick-up and disposal of each dead animal other than deer which occurs outside of Normal Business Hours. c. A fee of $101.85 for pick-up and disposal of each dead deer which occurs during Normal Business Hours. d. A fee of $110.25 for pick-up and disposal of each dead deer which occurs outside of Normal Business Hours Calls for and pick-up of all dead animals shall only occur during Normal Business Hours, unless necessary to mitigate a road hazard or related safety concerns. The amounts listed for fees in this paragraph 9 shall remain in effect for a period of one year. Commencing with the second year of this Agreement, and for every subsequent year of this Agreement, including automatic renewal terms, the amounts for fees may be increased by a maximum of 2.5 %, upon at least 30 days advance notice thereof. 10. Licensing. Waterloo shall fully cooperate with Cedar Falls and any and all departments of Cedar Falls in performance and observance of the ordinances of Cedar Falls pertaining to licensing of dogs and cats and not release any dog or cat to the owner thereof, or to any other person, except upon signature of the owner on an affidavit agreeing to license said dog or cat in Cedar Falls within a seven (7) day period of time or when said animal reaches four (4) months of age. Additional Provisions 11. Billings by City of Waterloo and Cedar Bend Humane Society Not to Be Duplicated. The parties agree that Waterloo will be contracting with Cedar Bend Humane Society for certain services under this Agreement with respect to Domestic Animals, and that Cedar Falls and Cedar Bend Humane Society may have a separate agreement for animal control services on certain terms and conditions. The parties agree that there shall be no duplicate billing of services to Cedar Falls by both the Waterloo and Cedar Bend Humane Society for the same services rendered to Cedar Falls under this Agreement and under any agreement between Cedar Falls and Cedar Bend Humane Society. 12. Term. The term of this Agreement shall commence at midnight on November 1, 2020, or the date this Agreement is filed with the Secretary of State, whichever is later, and shall terminate at midnight on October 31, 2023. This Agreement shall automatically renew for successive one (1) year terms, commencing November 1, 2023, unless either Cedar Falls or Waterloo gives written notice to the other party that the Agreement shall not renew, which notice shall be given at least ninety (90) days before the end of the then -current term of this Agreement. 6 13. Termination by Cedar Falls. Cedar Falls shall have the right to terminate this Agreement at any time for convenience upon ninety (90) days' advance written notice to Waterloo. 14. Termination by Waterloo. Waterloo shall have the right to terminate this Agreement at any time for convenience upon ninety (90) days' advance written notice to Cedar Falls. 15. Reports. Waterloo shall provide to Cedar Falls a monthly report for all animals handled by Waterloo pursuant to this Agreement, indicating whether the incoming animal was boarded, quarantined, euthanized or disposed of. The report shall be provided to Cedar Falls by the tenth day of the following month. 16. Compliance with Law. Waterloo shall fully comply with applicable federal, state and local laws in providing services pursuant to this Agreement to Cedar Falls. 17. Indemnification. To the extent authorized by Article VII, Section 1, of the Iowa Constitution and Chapter 670 of the Code of Iowa, Cedar Falls agrees to indemnify and hold Waterloo harmless from any liability based on any claim, demand or cause of action maintained or asserted by any person, firm, association, or corporation against Waterloo as a result or on account of Waterloo wrongfully receiving and impounding any animal from Cedar Falls, so long as Waterloo has performed and complied with the terms of this Agreement, the ordinances of the City of Cedar Falls, and the laws of the State of Iowa. No right or claim on the part of any person or entity not a party to this Agreement is intended to be granted herein. 18. Notices. All notices given to parties under this Agreement shall be sent by ordinary mail to the following addresses: If to the City of Cedar Falls: Jeff Olson Director of Public Safety 4600 South Main Street Cedar Falls, IA 50613 If to the City of Waterloo: Sandie Greco Traffic Operations Superintendent 625 Glenwood Street Waterloo, IA 50703 19. Force Majeure. A party will be excused from the obligations of this Agreement to the extent that performance is delayed or prevented by any circumstances reasonably beyond its control, including but not limited to fire, explosion, mechanical breakdown, strikes or other labor disputes, unavailability or interference with the usual means of transport, or compliance with any law, regulation or request or action (actual or threatened) of any governmental authority other than a party to this Agreement. 20. Severance. In the event any term or provision of this Agreement is declared unlawful by a court of competent jurisdiction, that provision shall be null and void and the remaining terms shall remain in full force and effect and shall then be the agreement between the parties. 21. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions of the parties pertaining to the subject matter hereof, whether oral or written. 22. Assignment and Amendment. This Agreement may not be assigned without the advance written authorization of the non -assigning party. This Agreement may be amended in writing, after approval by Cedar Falls and Waterloo. IN WITNESS WHEREOF, the parties have entered into this Agreement for Animal Control Services by their duly authorized representatives. City of Cedar Falls, Iowa By: Attest: City of Waterloo, Iowa By: cItttAty, HAY Quentin Hart, Mayor Attest: K / _ hrc Kelley Felchle, City Clerk 8