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Home My WebLink AboutRES.753.09-21-1992 BILL NO. 92-205 RESOLUTION NO. � � � A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO 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 enter into a Contract with the Humane Society of Southeast Missouri. A copy of said Contract is attached to this Resolution and made a part hereof. � �{�� O PASSED AND ADOPTED THIS ��-� DAY OF '��'''�`�`�"'y-' 19 /�: <-_�� . Francis E. Rhodes, Mayor ATTEST: � � �� , ��. ��?� Juli . Dale, Deputy City Clerk �, � AGREEMENT Agreement made '��' ` , 19 f��-- , between the City of Cape Girardeau, Missouri, a 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 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 inoculation shots (DHLP) against communicable diseases by the Society's designated qualified member, immediately after being turned over to the Society. The inoculations shall be furnished at no charge to the City. E. The Pound 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 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 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. SECTION 2. TERM. The term of this Agreement shall be from July 1, 1992 to June 30, 1993 . SECTION 3. FEES. City shall pay Society a fee of One Thousand Seven Hundred Fifty-Three Dollars ($1, 753 . 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 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 $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 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 Society, its employees, agents or assigns. -2- SECTION 5. TERMINATION. This Agreement may be terminated by either party serving thirty (30) days written notice upon the other party. SECTION 6. RENEWAL. This contract shall be automatically renewed on the same terms and conditions for a period of one (1) year unless written notice is given by either party prior to June 30, 1993 . SECTION 7. PERSONS BOIIND. 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 / _i • r� f� 4.� ATTEST: � . Ronald Fisc e �, City Manager `r-.`\ - , ., �' �`/��.,�'..��Cz.� � Juli � A. Dale Deputy City Clerk HUMANE SOCIETY OF SOUTHEAST , MISSOURI ,� t' �� ` , � , , -�--��.. ,_ �,:� ,r t�-, � Presideryt / � ATTEST � , � ,� . -��"'f .:�. _-°` L_/ `' �4._ Secretary . -3-