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HomeMy WebLinkAboutRes.2776.08-19-2013BILL NO. 13-118 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HOUSING AGREEMENT WITH THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Housing Agreement with the Humane Society of Southeast Missouri, in the City of Cape Girardeau, Missouri. The agreement is attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF 2013. 44, ATTEST: Gayle�)L. Conrad, City Clerk ry E. Rediger, Mayor R 1S Y" i- Y,0 Housing Agreement City of Cape Girardeau, Missouri An agreement from July 1, 2013 through June 30, 2014, between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "City" and the Humane Society of Southeast Missouri, 2536 Boutin Drive, Cape Girardeau, Missouri, hereinafter called "Society". WITNESSETH: City and Society, in consideration of the mutual covenants herein set forth, agree as follows: SECTION 1 BASIC SERVICE A. (1) Society will house animals picked up by the City Health Officer, Animal Control Officer, law Enforcement Officer, Fire Protection Personal, or their assistants (hereinafter referred to collectively and severally as the "Officer" and turned over to the Society at its facility; (2) The Society will also receive animals from the City's residents which are found within the City limits as lost or stray, or surrendered by the animal's owners. (3) The term "animal" shall be limited to domestic dogs and cats, however, the Society in its sole discretion may occasionally agree to accept other animals under this contract. B. Society will house "owner unknown" animals for a five (5) day holding period as required by the State of Missouri. After the five days, the animals will become the property of the Society. However, if the animals are deemed ill or injured beyond recovery at the time of impoundment, or should become so ill, or exhibit a communicable disease before the required five days, the animal shall be immediately and humanely euthanized. C. At least one (1) pen in a separate area will be set aside and labeled for suspected rabid animals, i.e. "Quarantine." Animals housed in quarantine for suspected rabid hold will be housed for a ten (10) day holding period. If the animal is deemed vicious to house for the ten (10) day holding period, it will be euthanized and sent in for rabies testing. If the rabid hold animal is to be reclaimed by the owner, then the owner is responsible for paying the Quarantine fee of one hundred dollars ($100.00). The City shall not owe any additional for quarantine services. D. Some animals turned over to the Society for impoundment may be given inoculations against communicable diseases. The city shall not be charged any additional fees for the inoculations. E. The Officer will fill in the City Animal Control book with all known information about the animal being brought to the Society. The Officer will also make note of where and when the animal was picked up. F. The Society will keep records showing how many animals it receives from the City, including the dates when each animal was received, the inclusive dates of the five day hold period, the dates when each animal became property of the Society or was released to the owner, and the number and type of inoculations each animal received. G. The Society is authorized to charge boarding fees and return -to -owner fees to any owner who reclaims an animal in addition to the fees provided in this contract. The Society will retain custody of the animal until the fees are paid. H. If the animal has been reclaimed, it will be the responsibility of the Officer to follow up with the Society to determine violations of any applicable City Ordinance. The City will receive all monies realized from the fines that have incurred through Ordinance violations. The Society shall retain custody of the animal until the animal is micro -chipped. The Society will also receive from the Officer carcasses of dead animals. The Officer shall keep a record of the date and location the carcass was found, and description of the animal. At the time the Officer turns a carcass over to the Society, the Officer will sign a form which shows the date and time the carcass was received by the Society. Any animal housed at the Society being held for court or investigative purposes cannot be adopted out, transferred, or euthanized. The above said animal will incur a daily boarding charge of ten ($10.00) per day, which will be billed to the City monthly, payable upon receipt, and which daily boarding charge is in addition to the contract fees. At the election of the Society the above mentioned animal may be transferred to the City or its officials, the City hereby agreeing to immediately receive possession of the animal, and upon such transfer, the Society shall be immediately released from all further liability or responsibility for said animal. K. The Society reserves the right to solicit, but not require, a donation from City residents to defray the costs of boarding, care, euthanasia, and disposal of the animals. The Society also reserves, for the mutual benefit of the parties, the right to refuse animals, which in its opinion, are being diverted or redirected from other jurisdictions. The Society also reserves the right to require that residents who desire or need to have their own animals euthanized, to obtain such services from a licensed veterinarian at their own expense. 2 (1) The society agrees to dispose of all animal's carcasses which come into its possession, or which result from euthanasia, in accordance with State Law. The Society also agrees to receive from residents of the City Girardeau, animal carcasses for disposal, for a fee to be paid by the resident, at such rates as the Society may set from time to time. SECTION 2 TERMS OF AGREEMENT The terms of this agreement shall be paid for a period of one year consistent with the fiscal year of the City of Cape Girardeau, which is from July through June. SECTION 3 FEES The City shall pay the Society a fee of forty-seven thousand eight hundred dollars, ($47,000.00) per year, payable in monthly installments of $3,916.66. Installments will be paid in advance for the duration of this contract. SECTION 4 INDEMNITY TO CITY The Society agrees to file with the City prior to the execution of the agreement, a certificate of insurance showing that Society has in force a policy of general liability insuring the Society against liability for personal injuries in a minimum amount of $100,000, and Society hereby binds itself to indemnity and save harmless the City of Cape Girardeau, Missouri, its employees and agents. SECTION 5 SOCIETY'S INDEPENDENT CAPACITY The Society, its officers, employees, agents and volunteers shall act in an independent capacity during the terms of this agreement and not as officer, employee, or volunteer of the City. SECTION 6 TERMINATION This agreement may be terminated by either party serving ninety (90) days written notice upon the other party. SECTION 7 RENEWAL The City shall notify the Society when budget consideration is underway according to the city's fiscal year. The contract may be renewed by a memorandum signed by the City and Society representatives, provided the fee specified in Section 3 remains the same as indicated in this document. A change in the fee to be by the City shall require a new contract. A change in the boarding fees, return to owner fees, quarantine fees and the like shall not require a new contract. SECTION 8 PERSONS BOUND