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Purch of Services - Humane SociCITY OF DUBUQUE, IOWA MEMORANDUM June 13, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Purchase of Services Agreement with the Dubuque Humane Society Public Health Specialist Mary Rose Corrigan is recommending execution of the Fiscal Year 2002 Purchase of Services Agreement with the Dubuque Humane Society in the amount of $29,301.00 as approved through the City budgeting process. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Mary Rose Corrigan, Public Health Specialist CITY OF DUBUQUE, IOWA MEMORANDUM TO: Michael Van Milligen, City Manager FROM: Mary Rose Corrigan, Public Health Specialist June 4, 2001 SUBJECT: Purchase of Services Agreement with the Dubuque Humane Society INTRODUCTION The purpose of this memorandum is to submit for your consideration an agreement between the Dubuque Humane Society and the City of Dubuque for provision of animal shelter services through June 30, 2002. DISCUSSION The agreement includes a 3% increase in payment as was approved in the FY 02 budget. The agreement provides that the Society will maintain an animal shelter in compliance with State laws; accepting, caring for, and providing humane disposition for animals brought in by the City staff. In return for its services, the Society will receive $29,301.00 for FY 02. Additionally, the Society may charge owners a separate daily fee for keeping impounded animals. RECOMMENDATION It is recommended that the City Council approve the Purchase of Services Agreement with the Dubuque Humane Society. This agreement will allow the City to continue to obtain an important element of its Animal Control program at a reasonable cost. BUDGET IMPACT The Purchase of Services Agreement will be financed within the approved Fiscal Year 2002 Budget. ACTION STEP It is requested that the City Council approve the Purchase of Services Agreement between the City of Dubuque and the Dubuque Humane Society and authorize the Mayor to sign the agreement. MRC/cj cc: Jane McCall, Humane Society Executive Director HL CITY OF DUBUQUE PURCHASE OF SERVICES AGREEMENT THIS Agreement is made and entered into by and between the City of Dubuque, Iowa ("City") and the Dubuque Humane Society, a charitable organization organized under the laws of the State of Iowa, ("Society"). Whereas, City has no suitable shelter for dogs, cats and other animals which may be taken up or received pursuant to Article II of Chapter 7 of the Code of Ordinances of the City; and Whereas, Society is an incorporated society for the prevention of cruelty to animals and maintains a Shelter for the custody of lost, strayed or homeless dogs, cats and other animals and for the disposition and/or destruction of such animals not redeemed and/or diseased; and Whereas, it is deemed to be in the best interest of City to enter into an agreement with Society to provide animal shelter services for City. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The term of this Agreement shall be from July 1,2001 through and including June 30, 2002. 2. Society shall provide the Shelter and all equipment in the Shelter necessary for the operation of an animal shelter in accordance with the terms of this Agreement and the laws and administrative rules of the State of Iowa, and the City of Dubuque Code of Ordinances. 3. Society shall maintain the Shelter in a clean and sanitary manner and will not permit any condition to exist which might constitute a public nuisance. 4. Society shall manage and operate the Shelter and provide proper and adequate housing and feeding for all animals which come into its custody. 5. City shall pay Society the total sum of $29 301.00 in twelve equal monthly installments for the terms of this Agreement. 6. Society shall be entitled to retain a daily fee charged for keeping animals received from an animal control officer or a City of Dubuque police officer as welt as all daily fees and impoundment fees unrelated to this contract. Society shall not under any circumstances, release an impounded animal to the owner, without the owner producing certification that all impoundment and license fees have been paid to the City. In the event City places animals of any type with Society, which animal or animals, other than stray dogs or cats, either because of the number of such animals or the nature of the animal, requires special accommodations outside the normal accommodations or capacity of Society, City shall reimburse Society for the fair and reasonable cost of care of such animals, provided Society shall submit to City not less than weekly a statement showing the cost of such care. In the event the number or nature of the animal or animals placed by the City exceeds the care capacity of Society, Society shatl make every effort to assist the City in either caring for such animals at their current location or assist the City in finding alternative accommodations for such animals. In the event alternative accommodations are required, the City shall be responsible for payment of the cost of such alternative accommodations. 7. Society shall provide twenty-four hour service, seven days a week at the Shelter for the purpose of receiving stray, lost, abandoned or dead animals. 8. The Shelter shall be open to the public from 9:00 a.m, to 5:00 p.m. daily, Monday through Friday and from 9:00 a.m. to 12:00 noon on Saturdays, holidays excepted, for the convenience of the public and for the purpose of transacting business in connection with the services to be provided under this AgreemenT. 9. Society shall accept, handle, care for, maintain and provide humane disposition for all animals brought to it. 10. Society shall not give away or sell any animals in its custody except for adoption as pets. 11. Society shall collect a fee for each dog or cat over the age of three (3) months for rabies vaccination before the dog or cat is returned to its owner, unless the owner shows proof of rabies vaccination and City license. 12. Society shall not dispose of any impounded, licensed dog or cat until at least five days after the notice to the owner required by Article II of Chapter 7 of the City of Dubuque Code of Ordinances has been made. Impounded, unlicensed dogs or cats shall not be disposed of until at least three days after the date of impoundment. Notwithstanding the foregoing, Society may, in its sole discretion, at any time, euthanize vicious dogs or other vicious animals, if Society determines such dog or other animal constitutes a danger to the public or to the Society's employees or staff, and feral cats may be disposed of immediately. 13. Society shall prominently display in the Shelter a Certificate of Registration and such other licenses as may be required by the Iowa Department of Agriculture, 14. The Shelter, housing facilities and records required by the Iowa Department of Agriculture shall be open for inspection by the Pu blic Health Specialist of the City of Dubuque. 15. The insurance requirements shall be as set forth on the attached Insurance Schedule. 16. Society shall be responsible for maintaining good relations with the public, shall promptly review any complaints against employee actions and shall maintain a written record of all such complaints and the disposition thereof. 17. Society shall maintain a program of humane education designed to stimulate public support for the enforcement of animal control, reduction of animal overpopulation, promotion of humane treatment of animals and encouragement of adoption of unclaimed animals. 1 8. This Agreement may be terminated by either party providing six months written notice to the other party by certified U.S. mail addressed to the City Manager, City Hall, or to Society's President, as the case may be. 19. Society shall furnish to City a report of Society's annual meeting and a list of its officers by no later than July 31, 2002. IN WITNESS HEREOF, the parties hereto have executed this Agreement in two copies. CITY OF DUBUQUE By: /s/ Terrance M. Duggan, Mayor DUBUQUE HUMANE SOCIETY By: Dick Pilcher, President Attest: /s/ Jeanne F. Schneider, City Clerk HL INSURANCE SCHEDULE 1. Any policy of insurance or certificate of insurance required hereunder shall be with a carrier authorized to do business in Iowa and a carrier that has received a rating of A or better in the current Best's Rating Guide. 2. Any policy of insurance required hereunder shall provide for a thirty-day notice to the City of any material change or cancellation of the policy prior to its expiration date. 3. Society shah have its insurance agent or company certify in writing that any policy of insurance required herein with an aggregate limit of liability has not been reduced by paid or reserved claims at the time of issuance of policy or certificate. 4. Society shall furnish copies of the following policies to the City with limits not less than the following, or greater if required by law. COMMERCIAL GENERAL LIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (and one occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 OR Combined Single Limit Medical Payments $2,000,000 $ 5,000 Coverage is to include: occurrence form, premises/operations/products/competed operations coverage, independent contractors' coverage, contractual liability, broad form property damage, personal injury (hazards A-C and delete employment exclusions), City of Dubuque named as an additional insured with 30 days written notice of change or cancellation.