HomeMy Public PortalAbout056-2017 - HELP Sheltera
REGISTRATION FEES AGREEMENT
THIS AGREEMENT is entered into as of loml , 2017, and referred to
as Contract No. 56-2017 by and between City of Richffidnd, Indiana, a municipal corporation
acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City")
and HELP the Animals, Inc., 2101 West Main Street, Richmond, IN 47374 (hereinafter referred
to as "HELP").
RECITALS:
A. The City is a political subdivision, with the Clerk having responsibilities relative to
the management of funds received from the yearly registration of dogs and cats, with such funds
being sixty percent (60%) received from each premises registered with the City Controller pursuant
to Richmond City Code ("RCC") 91.02 to accept applications for yearly registration fees of dogs
and cats.
B. HELP is an active Indiana non-profit corporation that exists for valid reasons as
contemplated by Indiana law.
C. HELP operates an animal shelter at 2101 West Main Street, Richmond, IN 47374
and is a registered entity with the City Controller's Office, which permits it to accept applications
for yearly registration fees of dogs and cats.
D. City utilizes the funds contemplated herein to fund the salary of the Animal
Services Officer; purchase of materials, supplies, and services for the use and benefit of the City
animal control program or humane society; funding of the animal shelter or humane society
contract; donate to animal shelters or humane societies located within the City; and the Richmond
Police Department Emergency Animal Fund.
E. HELP remits the funds receives from applications for yearly registration fees of
dogs and cats to the Clerk, which then remits forty percent (40%) of such fees back to HELP, and
each party acknowledges and agrees that an agreement is necessary to evidence such an intent,
pursuant to RCC 91.13, which sets forth the rights and obligations of the parties hereto.
NOW, THEREFORE, in consideration of the following terms and conditions, including
the above stated recitals, and for other good and valuable consideration, the parties hereby agree
as follows:
1. TERM.
(a) This agreement shall become effective as of the date set forth above, and
shall continue in effect until to and including December 31, 2018. This
Agreement shall be automatically renewed for an additional year, unless
Contract No. 56-2017
P,
terminated in a manner which is consistent with the terms and conditions
set forth below.
(b) City may terminate this agreement, at any time, by giving at least thirty (30)
days written notice specifying the effective date and the reasons for
termination, which shall include but not be limited to the following:
(i) Failure of HELP, for any reason, to fulfill in a timely manner its
obligations under this agreement;
(ii) Modification or rescission of the Richmond City Code which would
alter the terms and conditions of this agreement such that the same
become null and void, unreasonable, or otherwise inapplicable.
HELP acknowledges that this agreement is being executed so as to
ensure consistency with the Code Section cited above, which
requires the terms and conditions herein; or
(iii) Ineffective or improper use of funds provided under this Agreement.
2. REPORTING REQUIREMENTS.
(a) HELP shall submit, on a monthly basis, a report setting forth the
information codified in RCC 91.02(a) to the City Clerk's Office along with
the tag and registration numbers assigned to each applicant.
FEES.
(a) HELP shall remit the monies associated with registration funds received,
which is contemplated above, for the yearly registration fees of dogs and
cats, to the City Clerk's office. The City Clerk's office will then remit forty
percent (40%) of these funds back to HELP, pursuant to the Code Section
cited above.
(b) The fees set forth in Section 3(a) shall be remitted to the City on a monthly
basis, which is to be included with the report specified in Section 2(a). The
City will return forty (40%) of such funds to HELP within thirty (30) days
of receipt.
(c) It is expected that HELP shall utilize the forty percent (40%) of the funds
that it retains under this agreement for the purpose of funding the spaying
and neutering of dogs and cats.
4. RICHMOND CITY CODE
(a) Nothing herein is intended to modify, supersede, or otherwise change the
applicable provisions of the Richmond City Code which address the
registration of dogs and cats and the remittance of monies to the City for
such registrations. Rather, this agreement intends to formalize the
relationship between HELP and the City as the same pertains to the specific
provisions of the Richmond City Code addressed herein. Should any
applicable provision of the Richmond City Code change or be rescinded
such that any provision of this agreement is no longer applicable, the
Richmond City Code shall control and this agreement shall be amended to
reflect such changes.
5. IRAN INVESTMENT ACTIVITIES.
(a) Pursuant to Indiana Code (IC) 5-22-16.5, HELP certifies that HELP is not
engaged in investment activities in Iran. In the event City determines during
the course of this Agreement that this certification is no longer valid, City
shall notify HELP in writing of said determination and shall give HELP
ninety (90) days within which to respond to the written notice. In the event
HELP fails to demonstrate to the City that the HELP has ceased investment
activities in Iran within ninety (90) days after the written notice is given t
HELP, the City may proceed with any remedies it may have pursuant to IC
5-22-16.5. In the event the City determines during the course of this
Agreement that this certification is no longer valid and said determination
is not refuted by HELP in the manner set forth in IC 5-22-16.5, the City
reserves the right to consider HELP to be in breach of this Agreement and
terminate the agreement.
6. PROHIBITION AGAINST DISCRIMINATION
(a) Pursuant to Indiana Code 22-9-1-10, HELP, any sub -contractor, or any
person acting on behalf of HELP or any sub -contractor shall not
discriminate against any employee or applicant for employment to be
employed in the performance of this Agreement, with respect to hire, tenure,
terms, conditions or privileges of employment or any matter directly or
indirectly related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
7. RELEASE OF LIABILITY.
(a) HELP hereby agrees to release and hold harmless the City and any of its
respective licensees, assigns, parents, subsidiaries, divisions, business units,
departments, or affiliated entities of the same from all liability which may
arise in the course of this Agreement.
(b) HELP further covenants to indemnify and save harmless the City from
and against all liens, claims, encumbrances, subrogation interests, and
demands whatsoever of or in any way growing out of any damages that
any of HELP's invitees, agents, players, licenses, assigns, parents,
subsidiaries, divisions, business units, departments, or affiliated entities
may experience as a result, in any manner, arising under this agreement.
8. SEVERABILITY.
(a) If any provision of this Agreement or any application thereof to any person
or circumstances shall to any extent be determined to be invalid,
inoperative, or unenforceable, the remainder of this Agreement and the
application of that provision to any other persons or circumstances shall not
be affected thereby and the remainder of this Agreement shall be given
effect as if the invalid, inoperative, or unenforceable provision had not been
included and each other provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
9. GOVERNING LAW.
(a) The laws of the State of Indiana shall govern the interpretation, validity,
performance, and enforcement of this Agreement.
IN WITNESS WHEREOF, the City and HELP have executed this AGREEMENT as of the
Effective Date.
APPROVED:
Snow,
BOARD OF PUBLIC WORKS AND SAFTY
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Vicki Robinson, President
Richard Fo—L ore, Member
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