Humane Society Purch AgreementMEMORANDUM
July 14, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Purchase of Service Agreement -- Dubuque Humane Society
During the Fiscal Year 2004 budget process, the Mayor and City Council provided
$30,635 for a Purchase of Service Agreement with Dubuque Humane Society.
Public Health Specialist Mary Rose Corrigan is recommending execution of the
attached Purchase of Service Agreement with Dubuque Humane Society to provide
funding for the agency to continue to provide an animal shelter in compliance with State
Laws.
I concur With the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Pauline Joyce, Administrative Services Manager
Mary Rose Corrigan, Public Health Specialist
CITY OF DUBUQUE, IOWA
MEMORANDUM
July 14, 2003
TO: MichaeIVan Milligen, City Manager
FROM: Mary Rose Corrigan, Public Health Specialist
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, 2004.
DISCUSSION
The agreement includes a 2.5% increase in payment as was approved in the FY 04 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 $30,635.00 for FY 04~
Additionally, the Society may charge owners a separate daily fee for keeping impounded
animals.
The City now handles assurance of rabies vaccination through the licensing of the animals and
the impoundment redemption procedure. Also, animals are vaccinated by a veterinarian before
being adopted from the Humane Society.
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 2004
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
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, 2003 through and including June
30, 2004.
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 $30,635.00 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 well 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 shall 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 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.
12. 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.
13. The Shelter, housing facilities and records required by the Iowa Department of
Agriculture shall be open for inspection by the Public Health Specialist of the City of
Dubuque.
14. The insurance requirements shall be as set forth on the attached Insurance
Schedule.
15. 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.
16. 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.
17. 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.
18. Society shall furnish to City a report of Society's annual meeting and a list of its
officers by no later than July 31, 2003.
IN WITNESS HEREOF, the parties hereto have executed this Agreement in two
copies.
CiTY Of DUBUQUE
T~rrance M. Du~gan,,~r
Attest:
DU.~J(~U MAN E SOCIETY
/
Jeanne 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 orA 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 shall 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 $2,000,000
Products-Completed Operation Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (and one occurrence) $ 50,000
Medical Payments $ 5,000
OR
Combined Single Limit
Medical Payments
$2,000,000
$ 5, OOO
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.