HomeMy WebLinkAboutCedar Bend Humane Society - Agreement - 4/1/1996 AGREEMENT
NOW, on this day of alLAJ , 19the
City of Waterloo, Iowa (hereinafte "City" ) and Cedar Bend Humane
Society (hereinafter "Society") enter into this Agreement for and
in consideration of the mutual covenants and promises contained
herein, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged_ The terms of the
Agreement are as follows:
3. DURATION OF AGREEMENT.
This Agreement shall be effective for an -fifteen (15) month
period commencing April 1, 3996 , and terminating June 30 , 2-997 -
1T. . SOCIETY' S RESFONSIBIr,TTTES .
a. Society shall maintain and provide its morithly, call log to
the City for purposes of licensing animals. Said log shall cover
redeemed animals, adopted animals and complaint calls. City shall
have the right to inspect the records of Society to ensure that
Society is and has abided by the prov=sons of this hgreement .
b. Societ» shall provide to Waterloo residents the fn i lowing
services without any fee:
1 . Pick up of domestic animals _
2 . Pick up dead animals to include domestic
and wildlife animals but not including
livestock.
3 . Set Society' s traps for domestic stray
dogs and cats .
4 . Pick up and dispose of domestic animals
from Society' s traps .
S . Remove domestic animals from confined
structures .
16 . Return "at-large" identified animals to
owners•)
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7 . Transport dead animals for testing to a
local veterinarian at the request of the owner
- - - the ow per shall be responsible for all
fees associated with the veterinarian services
for testing.
B . Society shall transport animals to a local
veterinarian, licensed kennel, or Society' s
premises whenever owners fail to quarantine
animal which has been involved in a "bite
case" ,
C . upon authorization by City ordinance, Society shall
pertaining to animals and animal control,
enforce City' s laws
including but not limited to the issuing :Of citations and
appearances in Court, including trial.
d. There shall be a cap of one Hundred Sixty-six (166) stray
animals per month. For every animal in excess of the 166 animals
per month limit, the city agrees to pay Sixteen Dollars ($16 . 00)
per animal _ Said payment is due thirty (30) days after receipt of
the statement from the Society to the City-
e . Society will furnish and maintain facilities and equipment
adequate for the housing, shelter, care and disposal of dogs, cats,
and other domestic animals other than livestock unlawfully at large
and impound them under and pursuant to the ordinances of the City;
and will furnish equipment to collect and will collect unlicensed
dogs and cats at large within the City in violation of the
ordinances of the city now existing or as hereafter amended to the
extent of the facilities of the Society to answer said complaints
and calls, the object being to impound said dogs and cats and to
destroy or otherwise dispose of the same.
f _ It will be the duty and responsibility of the Society to
respond to telephone calls and other methods of communication to
them; and Society agrees, as part of its duty and responsibility
under this contract, to seize, if necessary and possible, any
domestic animal contemplated by this agreement concerning
complaints which 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 dogs and other domestic
animals contemplated by this agreement - Society shall furnish a
suitably_equipped vehicle (s) d_:_an .competent-,humane__officer (s) to
ro-ride:�n3ma3� control serv_lc6s 3n -the _City_. or_ wenty_four 2a�_
hours der +da3'y seine `(7) days, p
g- Society agrees to respond to bite calls and injured
animals at any time through its emergency service department .
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h . Society shall wholly cooperate with City and any and all
departments of the City in performance and observance of all
ordinances of the City of Waterloo, including those 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
owner on an affidavit agreeing to license said dog or cat in
Waterloo within a four (4) day period of time or when said animal
reaches six (6) months of age _
i _ Society shall make a complete investigation of complaints
pertaining to domestic animals and keep a brief written record of
its investigation and will, at all times, provide the equipment and
quarters proper for the quarantine of domestic animals, except,
however, if Society does not have adequate. quarters for the proper
quarantine of said animals and such quarantine shall be necessary,
then the Society shall quarantine such animals in the City of
Waterloo, Iowa, and said quarantine to be under direction_ and
supervision of the Black Hawk County Health Department_
j . Society shall provide to - City or its agents for
inspection all records pertaining to paragraph I? . (k) _
III_ CITY' S RESPONSIBIT•ITIES .
a _ The City shall pay to the Society the sun of Fourteen
Thousand one Hundred Sixty-six Dollars ($1._ , 165 . 00) per month for
ordinary services.
b. The City shall pay for extraordinary services provided for
pursuant to paragraph II (d) within thirty (30) days after receipt
of statement from the Society regarding said services.
c _ Any animal picked up by Society in excess of the monthly
cap of One Hundred Sixty-six (166) animals shall incur a Sixteen
Dollar ($16 .00) per animal surcharge. Said charges shall be paid
by the City to the Society within thirty (30) days of receipt of
statement for said services .
d. City agrees to share with Society any licensing
information .to assist Society in animal control enforcement
activities .
IV. TERMINATION.
Either City or Society may terminate this Agreement for any
reason by providing written notice to the other party at least one
hundred eight (180) days prior to the intended termination date .
If said notice is not provided to the other party within 180 days,
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,
this agreement shall continue annually commencing July 1 , 1997
through June 30, 1998 and each year thereafter until such time as
either party provides the appropriate written notice.
V. CONTACT PERSON AND ADDRESS . '
a . The contact person for City shall be Mike Mrzlak at 408
East Sixth Street, Waterloo, Iowa 50703, (319) 291-4440 .
b. The contact person for Society shall be
Executive Director, Cedar Bend Human° Society, 1166 West Airline
Highway, Waterloo, Iowa, 50703 , (319) 232-6887 .
C . Commencing April 1, 1996, the animal control phone line
shall be transferred to the Society and it shall be responsible for
all calls, including after hour calls .
VI_ CHANGES .
This Agreement shall not be modified, altered, amended, or
otherwise changed in any manner from the original without the
express written approval of both parties to be manifested by an
amendment to said Agreement . This document contains the entire
Agreement of the parties,rties said Agreement consisting of six (6)
pages .
V11 . INDEPENDENT CONTP__ACTOR.
a _ The Society is an independent contractor responsible for
administering its responsibilities under this Agreement without any
supervision from City.
b . The City recognizes the goals and objectives of the
Society which is to ensure the humane treatment of all animals .
City recognizes and will not interfere with the Society' s
promotions, fund raisers, advertising, investigations, and
contracts with other governmental agencies . Additionally, the
Society reserves all rights to appear before the City Council to
present information and data that will best serve the animals and
citizens of the City and the goals and objectives of the Society.
C. The City retains all rights to assess fines, penalties or
fees against the citizens of the City for the services performed by
the Society independent of the terms of this agreement and the
Society agrees to not impose any fines, penalties or fees-.directly
upon the citizens of the City for the services covered pursuant to
the terms of this agreement .
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VIZI , JOINT ASSESSMENT.
Upon seven (7) days notice, either party may request a joint
meeting of the City Council, or a representative, and the Society
in order to evaluate the performance of this Agreement .
IX. EQUIPMENT and VEHICLE PURCHASE .
Society agrees to purchase certain equipment and a van from
City for eighteen thousand dollars ($18, 000 .00) . An itemized
inventory of the equipment and the van is attached as Exhibit "A"
to this Agreement. The purchase price of $18, 000.00 shall be paid
by Society over a twelve (12) month period by twelve (12) equal
installments of one thousand five hundred dollars ($1, 500 . 00)
commencing April, 1996 . Said installments shall be set off against
the payments due the Society from City as required in paragraph
III (a) of this Agreement.
CITY OF WATERLOO, IOWA
BV: —
J _S? R ROOF f, MayU
ATTEST :
usan Fangman City Clerk
STATE OF IOWA )
ss .
COUNTY OF BLACK HAWK )
On this day of 4 42, 199 before me,
the undersigned, a Notary Public in and for the State of Iowa,
personally appeared John R. Rooff and Susan Fangman, to me
personally known., and who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of
Waterloo, Iowa; that the seal affixed to the foregoing instrument
is the corporate seal of the corporation, and that the instrument
was signed and sealed on behalf of the corporation by authority of
its City Council as contained in the Resolution adopted by the City
Council under Council Action No. Lc� of the City Council" on
the 1:6t day of 199 , and that John R. Roof
and Susan Fangman a knowledged the execution of the instrument to
be their voluntary act and deed and the voluntary act and deed of
the corporation, by it voluntarily executed.
Nota Pub is in and for the State of Iowa
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CEDAR EEj D Fi'JvAtr�' SOCIETY
V
De nna Coope Executive Director
STATE OF IOWA )
ss.
COUNTY OF BLACK HAWK )
On this day of 199 , before me,
the undersigned, a Notary P lif Cedc in and for the State d Iowa,
personally appeared Deanna CooDer Executive Director oar Bard
Humane Society, to me known to be the identical person named
who executed the foregoing instrument and acknowledged that she
executed the same as her voluntary act and deed_
Notary Public in and for the State of Iowa