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HomeMy WebLinkAboutRes.3381.02-01-2021 BILL NO. 21-17 RESOLUTION NO. .3 31/ 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, 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 thssame. rr PASSED AND ADOPTED THIS \ DAY OE' \.jCiOaf , 2021 . Bob Fox, Mayor ATTEST: �rissa,,.„, „,::: ," \ 1 ( yUi.e, ( IJ 4.1.1 ''>r 1---$ iN-4 ''1?uce Tay r, Deputy City Clerk 4 liss,.-t` ,))),1U°- ( ��°'',A Housing Agreement City of Cape Girardeau, Missouri This agreement, from January 1, 2021, through December 31, 2021, 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 Society will not take in from the City or its residents any animal deemed to be feral, unless the Society has funds available to do a TNR(trap neuter or spay and release). The Society will spay or neuter feral animals at the City's expense and release the animals only if the City has an ordinance to support the release of feral animals consistent with the City's ordinances. (4) 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. Owner Unknown Animals. (1) Society will house "owner unknown" animals with no microchip 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. (2) Animals with no microchip that 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, shall be immediately and humanely euthanized as allowed by the Animal Care Facilities Act. (3) The Society will house "owner unknown" animals that have an identifiable microchip for a ten(10)day holding period.After ten days,the animals will become 2021 Housing Agreement City of Cape Girardeau the property of the Society. (4) Microchipped animals that 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 ten days, the animal shall be immediately and humanely euthanized. C. Rabid Animals. (1) 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." (2) 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. (3) 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. Impounded Animals. (1) 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. (2) The Officer will complete and sign a form which shows the date and time the animal was received by the Society. The Officer will coordinate and communicate if multiple animals are being brought in. The Officer will also make note of where and when the animal was picked up. (3) The Society will not accept animals without dates and times from the officer. (4) When animals involved in a bite, attack, or otherwise injurious incident are dropped off at the Society,the Officer will complete a legible report containing the following information: (i) the Officer's name; (ii) the date and location the bite, attack, or incident occurred; (iii) the names of the individuals or animals bitten or otherwise injured or affected in the incident; (iii) the circumstances surrounding the bite, attack, or incident. For the safety of all staff and patrons, the Society will not accept animals involved in bites, attacks, or incidents unless the Officer furnishes the above information. -2- 2021 Housing Agreement City of Cape Girardeau F. Record Keeping. (1) 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. (2) The Society will require all residents, upon bringing an animal to the Society, to complete a form stating their address and whether the address falls within city limits. Addresses will be verified by staff to determine the appropriate City or County jurisdiction. (3) The Society will provide to the City total numbers of animals received from within city limits and guarantees the veracity of the totals provided. G. Boarding Fees. (1) 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 may retain custody of the animal until the fees are paid. The Society is further authorized to charge various fees as needed in its sole discretion, including surrender fees. (2) The Society reserves the right to solicit a donation from City residents to defray the costs of boarding, care, euthanasia, and disposal of the animals. (3) 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. (4) 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. (5) The City shall work 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. H. Disposition of Carcasses. (1) The Society will 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.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. -3- 2021 Housing Agreement City of Cape Girardeau (2) 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. (3) The Society also agrees to receive from residents of the City, 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. I. Right to Refuse Animals. (1) For the health and safety of visitors, other animals housed by the Society, volunteers, and workers, the Society reserves the right to refuse any animal from any jurisdiction unless the animal has been brought in by the City Police Department. (2) The Society reserves the right to refuse animals brought in by the City Police Department only under the rare and limited circumstances when the Society determines such animal cannot be safely held due to its known history of biting or attacking people or other animals, or the owner of the animal has a known history of threatening violence to the Society, its staff, volunteers, or patrons. The language of this paragraph is not triggered by animals held for court or investigative purposes, but is based on an independent termination by Society. J. Animals Held Under Court or Law Enforcement Order. (1) Any animal housed at Society being held for court or investigative purposes cannot be adopted out, transferred, or euthanized until written release is provided by the City. (2) The above said animal will incur a daily boarding charge of thirty dollars ($30.00) per day, which will be billed to the City monthly, payable immediately upon receipt, and which daily boarding charge is in addition to the other contract fees. (3) The City shall provide notice to Society in writing immediately when court or investigative proceedings have concluded. Following such notice, animals will continue to be held for a maximum period of ten (ten) days, upon the expiration of which the City shall release the animal to Society for appropriate disposition,or the City shall take custody of the animal. (4) 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. -4- 2021 Housing Agreement City of Cape Girardeau SECTION 2 TERMS OF AGREEMENT K. Term. (1) The initial term of this Agreement shall be paid for a period of one year consistent with the fiscal year of the Society, which is from January 1, 2021, through December 31, 2021. SECTION 3 FEES The City shall pay the Society a fee of $64,260.00 per year, payable in monthly or quarterly installments or in one lump sum. Installments will be paid in advance for the duration of this Agreement. The Society will provide an annual report in January showing the total number of animals and animal carcasses received from the jurisdiction. SECTION 4 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 5 TERMINATION This Agreement may be terminated by either party by serving ninety (90) days written notice upon the other party. SECTION 6 RENEWAL The City shall notify the Society when budget consideration is underway according to the Society'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,surrender fees,quarantine fees and the like shall not require a new Agreement. -5- r�� Y 2021 Housing Agreement City of Cape Girardeau SECTION 7 FINANCIAL STATEMENTS After the initial term of this Agreement,and after each renewal term thereafter, Society will submit to the City a copy of its latest completed audit for the Society's fiscal year. Those financial statements and supporting documentation will also show the total number of animals and animal carcasses received from the City during the Society's fiscal year or the total number of animals and animal carcasses received by the Society from all jurisdictions for the Society's fiscal year. SECTION 8 PERSONS BOUND This Agreement is binding upon the Parties hereto, their successors and assigns. This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement. 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 Clerk, with the corporate seat of the City, and the Humane Society of Southeast Missouri has also caused this agreement to becigned and attested to by and through its-authorized representatives, each in duplicate, on this I day of P ' in the year of 2(0 . City dr-Cal----;Girardeau GAS ' City Mana:er c:!.1 ATTEST: � ,, �:\;i:'i!-� ocram,-d City C ik Humane Society of S. east Missouri _4141/ Shel -r 9 recto -6-