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Home My WebLink AboutRES.930.05-16-1994 . BILL NO. 94-107 RESOLUTION NO. ` ._'1� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT 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 Contract with the Humane Society of Southeast Missouri. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS lLE �,li DAY OF `� ,' , 19�. , A. M. Spradling, I , Mayor ATTEST: � � /- r ,�,( , �� G!1 /{i;7 ��ayl L. Conrad Deputy City Clerk HOUSING AGREEMENT City of Cape Girardeau, MO f .� , An Agreement made on j%�}�� , _ , 19 '`�; , between the City of Cape Girardeau, Missouri, Municipal Corporation, hereinafter called "City" , and the Humane Society of Southeast Missouri, Route W, Cape Girardeau, MO, 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 at its facilities on Route W, in the City of Cape Girardeau, Missouri. B. Society will house said animals 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. 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 three (3) days, the animal shall be immediately released to the Society and humanely euthanized. C. At least one (1) pen in a separate area will be set aside and labeled for suspected 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 as required by law. D. Al1 animals turned over to the Society by the City Health Officer or their assistants for impoundment may be given inoculation shots (DHLPP) 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 three (3) day waiting periods, 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 over an animal to the Society, the City representative will sign a form which shows the date and time the animal was received by the 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 impound fees, if and when the animal is reclaimed. If the animal has been reclaimed, it will be the responsibility of the City Health Officer to follow-up with the Society to determine violation of any applicable City Ordinance. City will also receive all monies realized from fines that have been incurred through an Ordinance violation. 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 July 1, 1994 to June 30, 1995. SECTION 3 . FEES City shall pay Society a fee of Two Thousand Two Hundred Dollars ($2 ,200. 00) per month payable monthly in advance for the duration of this contract. 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 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 or property damage to any one person and $1, 000, 000 for injuries or property damage received in any one accident; and Society hereby binds itself to indemnify 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 officers, employees, agents, or volunteers of the City. -2- SECTION 6. TERMINATION This Agreement may be terminated by either party serving ninety (90) days written notice upon the other party. SECTION 7. RENEWAL City shall notify Society when budget consideration is underway according to City's fiscal year. This contract shall automatically renew following a review by City and Society representatives of applicable figures provided by the Society. Fees shall, if necessary, be renegotiated 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 by its City Clerk, with the corporate seal of the City, and the Humane Society of Southeast Missouri has hereto by and through its authorized representative, affixed its names, each in duplicate, the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI �. �..�—��',.f�' . onald Fischer, City Manage ATTEST: � � � ��, �� ! =�� ,�Y 1 ',- -��!'s` Gay1� L. Conrad Deputy City Clerk HUMANE SOCIETY OF SOUTHEAST MISSOURI i-, a�; � �, ,� r. . � , ; �.. ��-irK.,�� V��...,t'G-i% .i�i�'.. �_u�. ATTES : �� r -�,'�,� � Board Member -3-