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HomeMy WebLinkAboutRES.1575.06-19-2000BILL NO. 2000-154 RESOLUTION NO. 1-5-7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HOUSING AGREEMENT WITH THE HUMANE SOCIETY OF SOUTHEAST 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. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ATTEST: &vd- Gayle0L. Conrad, City Clerk DAY OF OE 20QQ A. Spradling, III,/, M or HOUSING AGREEMENT City of Cape Girardeau, MO An agreement from July 1, 2000 through June 30, 2001, between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "City", and The Humane Society of Southeast Missouri, 2536 Boutin Road, 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 SERVICES A. Society will house animals picked up by the City Health officer or his assistants and turned over to the Society as its' facility. B. Society will house said animals for a five (5) day holding period as required by the State of Missouri. After the five days are passed, the animals will automatically become the property and responsibility of the Society. However, if the animals are deemed ill or injured beyond recovery at the time of impoundment, or should become ill with a communicable disease before the required five days, the animal shall be immediately released to the Society and humanely euthanized, as allowed by The Animal Care Facilities Act. C. At least one (1) pen in a separate area will be set aside and labeled for suspected rabid animals, e.g. "Quarantine". Animals housed in this specific area will be held for a ten (10) day holding period, as required by law. If the animal is deemed too vicious to house for the tan (10) day holding period it will be euthanized and sent in for rabies testing. If an animal in the quarantined area is to be reclaimed by an owner, then the owner is responsible for paying the Quarantine Fee of eighty dollars ($80), otherwise the fee is covered by the set contract fee. D. All animals turned over to the Society by the City Health Officer or their assistants for impoundment may be given inoculations against communicable diseases immediately after being turned over to the Society. The inoculations shall be furnished at no charge to the City. E. The City Health Officer will keep records on all animals picked up by the City and turned over to the Society. F. Society will keep records showing how many animals it received 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 the property of the Society or was released to the Owner, and the number and type of inoculations each animal received. G. At the time the City Health Officer or his assistant turns an animal over to the Society, the City representative will sign a form which shows the date and time the animal was received by the Society. The City Health Officer will also make note of where and when the animal was picked up. H. If the animal has been reclaimed, it will be the responsibility of the City Health Officer to follow-up with the Society to determine violations of any applicable City Ordinance. City will receive all monies realized from the fines that have been incurred through Ordinance violation. I. If the animal is reclaimed, the Society shall receive all monies collected for boarding fees and Society's Return to Owner fees. SECTION 2 TERM OF AGREEMENT The term of this agreement shall be for a period of one year consistent with the fiscal year of the City of Cape Girardeau, which is from Julyl, 2000 -June 30, 2001. SECTION 3 FEES The City shall pay the Society a fee of two thousand five hundred seventy five dollars ($2575.00) per month payable monthly 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 naming the City as co-insured, showing that Society has in force for a period equal to the period of this agreement a policy of general liability insurance insuring Society against liability for personal injuries arising out of the contract in a minimum amount of $100,000 for injury to any person and $1,000,000 for injuries received in any one accident and for property damage arising out of the contract 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, agents and assigns from all claims, demands, suits, and actions of every name and description brought for or on account of any injuries, losses, or damages received or sustained by any parties or party, arising out of or resulting from the acts of Society, its employees, agents, or assigns, in doing the work herein contracted for, or any negligence in guarding the same, or any act or omission of the Society, its employees, agents or assigns. SECTION 5 SOCIETY'S INDEPENDENT CAPACITY The Society, its' officers, employees, agents and volunteers shall act in an independent capacity during the term of this agreement and not as officer, employees, agents or volunteers of the City. SECTION 6 TERMINATION This agreement may be terminated by either party serving ninety (90) days written notice upon the other Pa'h'- SECTION 7 RENEWAL City shall notify the Society when budget consideration is underway according to the City's fiscal year. This contract shall automatically renew following a review by the City and the Society representatives of applicable figures provided by the Society. Fees shall, if necessary, be negotiated at the time of review. SECTION 8 PERSONS 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 Clerk, with the corporate seal of the City, and The Humane Society of Southeast Missouri has hereto by d through its authorized representatives, affixed its names, each in duplica e, this Way of lijin the year of - - CITY OF CAPE,GIRARDEAU, MISSOURI G. Mille; i'ity ATTEST: \ � ,r; L1G Gayle CcQrad, City Clerk HUMANE SOCIETY OF SEMO )ReqlillSalter, President alter, TEST: &Z Debbie Litze el er,�(lmftrator