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HomeMy WebLinkAboutCityMgrForm.1507.12-19-1979 CITY MANAGER FOF2N� ORDINANCE NO. -�'" ;' AN ORDINANCE APPROVING THE FORM OF AN AGREFMENT BETPdEEN THE CITY OF CAPE GIRARDEAU, MISSOURI AND THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, AUTHORIZING THE MAYOR TO EXECUTE, AUTHORIZING THE PAYMENT OF A SUM OF MONEY WHEREAS, The Humane Society of Southeast Missouri has animal facilities on Route W which the City of Cape Girardeau, Missouri desires to utilize for the impoundment of certain animals; and WHEREAS, the said parties desire to enter into an Agreement for the impoundment of said animals; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION l. The "Agreement" , copy attached hereto marked Exhibit "A" , between the City of Cape Girardeau, Missouri and the Humane Society of Southeast Missouri, is approved as to form. SECTION 2. The Mayor of the City of Cape Girardeau, Missouri, is hereby authorized and directed to execute said Agreement for and on behalf of the City of Cape Girardeau, Missouri. SECTION 3. Payment of a sum of money by the City of Cape Girardeau, Missouri to the Humane Society of Southeast Missouri, is hereby authorized to be made in accordance with the terms and provisions of said AGreement. SECTION 4. This ordinance shall be in full force and effect ten days after its passage and approval. t��1 ^ PASSED AND APPROVED THIS � DAY OF ���`�(_ !�c':j�� �"t�4' , 1979 . ___ . ��....5..._.'_i'���� .M1 � .._ �.. . . . , �.t'+� ....... . ,; ` - ��.._.�. . ° ,� =-=��._�� . � �, y MAYOR ATTEST: � • �'. � � .. r,� �,�',i.__�,.. � �"L,t�_L.. , L CITY CLERK 1 � ��� �t �r� � �� , �.` s 1 � � � AGREEMENT Agreement made 1`;c��.;��1;:.e-U ��j , 1979, between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "City" , and the Humane Society of Southeast Missouri, Route W, Cape Girardeau, Missouri, hereinafter called "Society" . WITNESSETH: City and Society, in consideration of the mutual covenants herein set forth, agree as follows: SECTION l. BASIC SERVICES. A. Society will house animals picked up by the City Pound Officer or his assistants and turned over to the Society at its facilities on Route W, in the City of Cape Girardeau, Missouri. B. Society will house said animals in a separate area for the required three (3) day holding period. After the three (3) days are up, the animals will automatically become the property and responsibility of the Society. C. At least one (1) pen in a separate area will be set aside and labeled for rabid animals, e.g. "holding area" , or "quarantined animals" , etc. Animals housed in this specific pen will be held for the required ten (10) day period, or for any length of time deemed necessary for the health, safety and welfare of the public by the City or County Health Officers or their designees. D. All animals turned over to the Society by the City Pound Officer or their Assistants for impoundment may be given innoculation shots (DHLP) against communicable diseases by the Society' s designated qualified member, immediately after being turned over to the Society. The innoculations shall be furnished at no charge to the City. E. The Pound Officer will keep records on all animals picked up by City and turned over to the Society. DCHIBIT �q„ t � F. Society will keep records showing how many animals it receives from City, including the dates when each animal was received, the inclusive dates of the three (3) day waiting periods the dates when each animal became the property of the Society or were released to the Owner, and number and type of innoculations each animal received. G. At the time the Pound Officer or his assistant turns over an animal to the Society, the City representative and Society member receiving said animal will sign a form which shows the date and time the animal was received by Society. If the animal is not claimed in the interim three (3) day period, it will automatically become the property and responsibility of Society on the date shown for this purpose on the form. H. City will receive all monies realized from fines, if and when the animal is reclaimed. This includes the fee charged when the animal is reclaimed and fines for violation of any applicable City Ordinance. I. Before the Owner of an animal will be allowed to reclaim the animal within the three (3) day holding period, he shall be required to contact the City Pound Officer to determine if fines have been incurred through an Ordinance violation. J. Society will give City a key to its facilities to allow the Pound Officer or Health Officer to enter the impoundment area on weedends or nights when Society members may not be there. Said key will be kept at the Police Headquarters and a log kept of when it is checked out and by whom. SECTION 2. TERM. The term of this Agreement shall be from January 1, 1980 to December 31, 1980. SECTION 3. FEES. City shall pay to Society a flat fee of Two Thousand Dollars ($2, 000. 00) annual�y, to be paid in semi-annual installments of 2 . One Thousand Dollars ($1, 000. 00) each on January 10, 1980 and July 10, 1980. SECTION 4. INDEMNITY TO CITY. Society agrees to file with the City prior to the execution of this Agreement, a certificate of insurance naming the City as a 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 one person and $800, 000 for injuries received in any one accident and for property damage arising out of the contract in a minimum amount of $10, 000; and Society hereby binds itself to indemnify and save harmless the City of Cape Girardeau, Missouri, from all claims, demands, suits and actions of every name and description brought against the said City for or on account of any injuries or damages received or sustained by any parties or party by or from the acts of Society, or its servants or assigns, in doing the work herein contracted for, or by or in consequence of any negligence in guarding the same, or by or on account of any act or omission of Society, or its servants or agents. SECTION 5. TERMINATION. This Agreement may be terminated by either party serving thirty (30) days written notice upon the other party. SECTION 6. PERSONS BOUND. This agreement is binding upon the Parties hereto, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the City of Cape Girardeau, Missouri, has caused this agreement to be signed by its Mayor and attested by its City Clerk, with the corporate seal of the City, and the 3.