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HomeMy WebLinkAboutRESOLUTION NO. 2011-15 RESOLUTION 2011-15 AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL (28E) AGREEMENT BETWEEN THE CITY OF FAIRFAX AND THE CEDAR VALLEY HUMANE SOCIETY FOR ANIMAL CARE SERVICES WHEREAS, Section 28E.3 of the Code of Iowa provides that any power of any public agency of this state may be exercised jointly with any other public agency of this state; and WHEREAS, the City of Fairfax wishes to use the Cedar Valley Humane Society for animal care services; and WHEREAS, the Cedar Valley Humane Society has agreed to provide animal care services to Linn County as outlined in the attached Intergovernmental (28E) Agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fairfax does hereby accept the attached Intergovernmental (28E) Agreement with the Cedar Valley Humane Society for animal care services. BE IT FURTHER RESOLVED that the Mayor and Deputy City Clerk are hereby authorized and directed to execute said Intergovernmental (28E) Agreement and to execute this resolution. Approved this 8th day of March, 2011. AYES: Beer, Frieden, Otto, and Wainwright NAYS: None ABSENT: Magers __________________________ Jason Rabe Mayor ATTEST: _________________________ Cynthia Stimson City Clerk/Treasurer IOWA CODE CHAPTER 28E AGREEMENT BETWEEN THE CITY OF FAIRFAX, IOWA, AND THE CEDAR VALLEY HUMANE SOCIETY FOR THE PROVISION OF ANIMAL CARE SERVICES This agreement is entered into between the city of Fairfax, Iowa (Fairfax), and the Cedar Valley Humane Society CVHS. WHEREAS, CVHS provides animal care services and operates a facility for the provision of said services shelter); WHEREAS, CVHS is willing to provide animal care services to Linn County; and WHEREAS, Iowa Code Chapter 28E (2010) permits local governments to enter into agreements for the joint services and facilities. NOW, THEREFORE, Fairfax and CVHS agree as follows: 1. Term. This agreement shall be effective when approved and signed by the parties and filed with the Iowa Secretary of State as provided in Iowa Code section 28E.8. The duration of this agreement shall be perpetual unless terminated in the manner set forth below. 1.5 Definitions. and procedures and consistent with applicable Iowa Department of Agriculture and Land Stewardship requirements. CVHS shall provide no field services to Fairfax except as provided below in the paragraph e Fairfax ans an animal found within the incorporated city limits of Fairfax, Iowa. SCVHS. from the CVHS facility to another location to pick up an animal or perform other field services 2. Fee for Animal Care Services. CVHS shall provide animal care services to Fairfax based on the following fee schedule: Animal Care Services Fee: $130 per animal Field Service Call-Out Fee: $75 per call-out The fee schedule will be reevaluated by CVHS each fiscal year beginning July 1, 2011. Beginning July 1, 2011, and from year-to-year thereafter, CVHS will notify Fairfax in writing of any proposed modifications of the fee schedule effective the following July 1. Fairfax reserves the right to terminate this agreement based on a refusal to accept any proposed modification of the fee schedule within sixty (60) days of any proposed modification. CVHS agrees to invoice Fairfax monthly for animal care sheltering fees, and Fairfax agrees to pay said invoices within thirty (30) days of receipt of the same. There is no limit to or cap on the number of days that an animal will remain in the animal shelter. Fairfax may inquire at any time into the status of any animal, including the basis for the duration of the stay. 3. Acceptance of Animals A. Generally. CVHS agrees to accept any Fairfax animal during normal business hours, except as noted below. B. Prior Approval. CVHS shall receive approval from Fairfax prior to accepting an animal. CVHS shall request approval by contacting the City of Fairfax at 319-846-2204 during normal business hours. C. Prohibited. CVHS may accept animals that are prohibited by Fairfax ordinance (e.g., monkeys and alligators) on a case by case basis depending on species and needs, subject to the prior approval of Fairfax. In such cases, Fairfax shall be charged the animal care sheltering fee for each animal, exotic animal or livestock animal accepted. D. Housing Offsite. If an animal needs to be housed offsite due to, for example, the impoundment of a large number of animals, the type of species, or the specific needs of the animal, acceptance of that animal will be determined by CVHS at its sole discretion. If the animal is accepted and housed offsite, Fairfax will promptly pay the actual costs of housing upon being provided written documentation, including but not limited to any vet bills and boarding cost. E. Ownership. Fairfax shall not claim any ownership interest in any animal and shall not retrieve or pick-up any animal from the animal shelter without prior authorization. F. Records. CVHS agrees to keep, in addition to its regular records if necessary, an additional record or registry identifying any individual citizen responsible for either reporting or presenting any domestic animal to the animal shelter. Said record or registry shall include the name, address, and telephone number of each such individual citizen. CVHS further agrees to notify Fairfax if the same individual citizen reports or presents more than three (3) domestic animals per quarter within three (3) regular business days of the third report or presentation. 4. Quarantine. A. Known Owner. In cases of animal bites, where no current rabies vaccination is on file and quarantine is required by law, the parties agree that it is responsibility to quarantine the animal at a state licensed facility approved by the Linn County Public Health Department. If the owner refuses, Fairfax may quarantine the animal at a state licensed facility approved by the Linn County Public Health Department. If Fairfax elects to have CVHS quarantine the animal, CVHS may do so at any state licensed facility approved by the CVHS 2 Executive Director or designee, and Fairfax further agrees to pay all fees related to the quarantine regardless of where the animal was confined. Animals with current rabies vaccination status that do not pose a threat to the general public and can be adequately confined may 10 days from the start of quarantine. B. Stray Animals. All stray biting animals with unknown rabies status will be quarantined at a state licensed facility, and Fairfax will pay all fees related to the quarantine regardless of where the animal was confined. Fractious or feral animals with no traceable identification will be evaluated by CVHS for testing and euthanasia in accordance with Iowa state law. 5. Policies. All animals will be subject to the policies of CVHS. 6. Reclaim. In the event a Fairfax animal is reclaimed by its owner within the mandatory stray hold period, the owner will pay a reclaim fee plus any applicable board fees prior to the animal being released to the owner and the city of Fairfax will not be required to pay the animal care services fee. 7. Additional Services. A. After Hours Acceptance of Animals At all times other than normal business hours, CVHS shall make available the services of at least one on-call employee who shall receive notification of after-hours deliveries of sick or injured, bite, or vicious animals and be available to attend to such animals in a timely fashion if requested by Fairfax. B. Provision of Humane Traps CVHS may provide appropriate humane traps to Fairfax or Fairfax residents who report stray animals roaming loose in their area. These traps will be provided on request as available to help facilitate the safe capture of stray roaming animals for subsequent delivery to or pickup by CVHS. C. Rabies Testing Transport - Fairfax may request that CVHS transport dead animal samples for rabies testing to Oakdale Hygienic Laboratory. D. Field Services - Fairfax may request that CVHS provide field services for animal pick-up or cases of animal welfare, neglect, cruelty, or aggressive biting investigation, subject to a field services call-out fee. E. Reporting - CVHS shall provide at no charge a monthly report identifying each Fairfax Fairfax may request additional reports subject to a reasonable fee for the cost of preparing the same. 3 F. At request, Fairfax shall provide, at the location of a pickup, a Fairfax representative who can exercise within Fairfax the authority pursuant to which the animal is being impounded. 8. Animal Shelter. Nothing in this agreement should be construed to provide Fairfax the right to otherwise use, control, or occupy the animal shelter, and the parties further agree that the operation, management and control of the animal center is the sole responsibility of CVHS. 9. Termination. Either party may terminate this agreement for any reason or no reason at all upon thirty (30) days written notice to the other party. 10. Administrator. The Executive Director of CVHS will administer this agreement and the services enumerated herein. 11. Notice. Notice by CVHS to Fairfax must be in writing and addressed to: Mayor, City of Fairfax, 525 Vanderbilt Street, PO Box 337, Fairfax, Iowa, 52228. Notice by Fairfax to CVHS must be in writing and addressed to: Executive Director, Cedar Valley Humane Society, 7411 Mt Vernon Rd SE, Cedar Rapids, Iowa, 52403. Notice is sufficient if delivered by regular mail. 12. Indemnification/Hold Harmless. Each party agrees to release, indemnify and hold the other party, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorney fees, and expenses incidental thereto, that may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non-performance by the other party or its servants, employees or agents of any covenant or condition of this agreement, or by any act or failure to act of those persons. CVHS shall not be liable for its failure to perform this agreement or for any loss, injury, damage or delay of any nature whatsoever resulting (there from)? caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond control. 13. Waiver. The waiver by either party of any covenant or condition of this agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this agreement. 4 14. Severability. If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this agreement, the entire agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 15. Entire Agreement. This agreement sets forth all the covenants, promises, agreements, and conditions between CVHS and Fairfax concerning animal care services, and there are no other covenants, promises, agreements or conditions, either oral or written, between them. This agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties. CITY OF FAIRFAX th Dated this 8 day of March, 2011. By:_________________________________________ Jason Rabe, Mayor Attest:_______________________________________ Kathy Everett, Deputy City Clerk CITY OF FAIRFAX ACKNOWLEDGMENT STATE OF IOWA ) ) ss: LINN COUNTY ) th On this 8 day of March, 2011, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Jason Rabe and Kathy Everett, to me personally known, who being by me duly sworn, did say that they are the Mayor and Deputy City Clerk, respectively, of the City of Fairfax executing the within and foregoing instrument; that the seal affixed thereto is the seal of the City of Fairfax; that said instrument was signed and sealed on behalf of the City of Fairfax by authority of its City Council; and that the said Mayor and Deputy City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of the City of Fairfax, by it and by them voluntarily executed. ______________________________________ Cynthia Stimson, Notary Public in and for the State of Iowa 5 CEDAR VALLEY HUMANE SOCIETY Dated this ___________________ day of __________________________, 2011. By: ______________________________ Zachary W. Melton Executive Director Attest:_________________________ CEDAR VALLEY HUMANE SOCIETY ACKNOWLEDGEMENT Notary Public in and for the State of Iowa My commission expires: 6