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HomeMy WebLinkAboutRes.2993.06-20-2016 BILL NO. 16-108 RESOLUTION NO. a9/3 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 shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same . /� PASSED AND ADOPTED THIS /9(,, L DAY OF ( tx 0 , 2016 . AOF eiirrr 4a" arry E. Rediger, Mayor ATTEST: �pNat y f\4 olt . v. Jai 7 et GAte , City Clerk �%/�� : 5: • et0 • s �' 1 Housing Agreement City of Cape Girardeau, Missouri This agreement, from July 1, 2016, through June 30, 2017, 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. Animals to be received: (1) Society will house animals picked up by any City Health Officer, Animal Control Officer, Law Enforcement Officer, Fire Protection Personnel, 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 are 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 end of 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, and it shall be referred to as, "Quarantine." Animals housed in quarantine for suspected rabies will be housed for a ten (10) day holding period. If the animal is deemed to be too vicious to be housed for the entire 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 fifty dollars ($150.00). The City shall not owe any additional fee 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. 1 • E. The Officer will complete 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 been incurred through Ordinance violations. The Society shall retain custody of the animal until the animal is micro- chipped. I. The Society will also accept 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. Afthe 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. J. 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 dollars ($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 other contract fees. , At the election of the Society, any animal being held for court or investigative purposes may be transferred to the City or its officials at the conclusion of the investigation and of the court proceedings. The City hereby agrees 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. 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. 2 SECTION 2 TERMS OF AGREEMENT The initial term 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 1, 2016, through June 30, 2017. SECTION 3 FEES' The City shall pay the Society a fee of fifty-nine thousand two hundred ninety-eight dollars, ($59,298.00) per year, payable in monthly installments of$4,941.50. Installments will be paid in advance for the duration of this Agreement. At least five (5) days prior to each payment due from the City herein, Society shall submit to the City a report showing the number of animals and animal carcasses received from the Officer. The City's receipt of this report shall be a condition precedent to any payments due under this Agreement. 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 insurance, insuring the Society and the City against liability for damages or personal injuries in a minimum amount of$100,000.00, and the Society hereby binds itself to indemnity and save harmless the City of Cape Girardeau, Missouri, its agents and employees from any liability on account of such damages or personal injuries. SECTION 5 SOCIETY'S INDEPENDENT CAPACITY The Society, its officers, employees, agents and volunteers shall act in an independent capacity during each term of this Agreement, and not as officers, employees, or volunteers of the City. SECTION 6 TERMINATION This Agreement may be terminated by either party by 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 Agreement 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 paid by the City shall require a new Agreement. A change in the boarding fees, return to owner fees, quarantine fees and the like shall not require a new Agreement. SECTION 8 FINANCIAL STATEMENTS After the initial teim of this Agreement, and after each renewal term thereafter, Society will submit to the City/a copy of its audited financial statements for the fiscal year ending June 3 30, no later than December 31 of that year. 'Those financial staternents and supporting documentation mill also shovy the amount of financial support collected from other jurisdictions, and the, numbar of anirnas and animal carcasses received from each jurisdiction. SECTION 9 PERS N8 BOUND This Agreement Is binding upon the Parties hereto, their successors and assigns, IN WITNESS WHEREOF, the City of Cape Girardeau, Missouri, has caused this Agreement to be signed by Its City Manager and attested to by Its City Cierk, with the corporate seal of the City, and the Humans Society of Southeast Missouri has also caused this agreement to be sign "e' to ,,,d through Its authorized representatives, a' In the year of 20 each In duplicate, on this 8t'aJay of CITY OFC/A1PE,6RARDEAU, MISSOURI cott A. Meye X City Manager A ATTEST, ce Taylor Deputy City Cie rV HUMANE SOCIETY OF SOUTHEAST MISSOURI FA- D(r4cWf ATTEST, 4 Received Time Jlul, 6. 2416 3: 06PM No- 5647