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Home My Public Portal About057-2019 - Animal Care AllianceREGISTRATION FEES AGREEMENT THIS AGREEMENT is entered into as of j 2019, and referred to as Contract No. -2019 by and between City of Richmond, Indiana, a municipal corporation acting by.and through its Board of Public works and Safety thereinafter referred to as the "City") and the Animal Care Alliance,1353 Abington Pike, Richmond, IN 47374 thereinafter referred to as the "Alliance"). 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. The Alliance is an active Indiana nonprofit corporation that exists for valid reasons as contemplated by Indiana law. C. The Alliance operates an animal shelter at 1353 Abington Pike, 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 service 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. The Alliance remits the funds received from applications for yearly registration fees of dogs and cats to the Clerk, which then remits forty percent (40%) of such fees back to the Alliance, and each party acknowledges and agrees that an agreement is necessary to evidence such an intent, pursuant to RCC 9.13, which sets forth the rights and obligations of the parties hereto. F. 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: Contract No. 57-2019 Page I lof5 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, 2019. This Agreement shall be automatically renewed for an additional year, unless 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 the Alliance, for any reason, to fulfill in a timely manner its obligations under this agreement; 00 Modifications or recession 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. The Alliance 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) The Alliance 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. 3. FEES. (a) The Alliance 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 the Alliance, pursuant to the Code Section cited above. Page I2of5 (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 percent (40%) of such funds to the Alliance within thirty (30) days of receipt. (c) It is expected that the Alliance shall utilize 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 the Alliance and the City as the same pertains to the specific provisions of the Richmond City Code addressed herein. Should any applicable provisions 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, the Alliance certifies that the Alliance 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 the Alliance of said determination and shall give the Alliance ninety (90) days within which to respond to the written notice. In the event the Alliance fails to demonstrate to the City that the Alliance has ceased investment activities in Iran within ninety (90) days after written notice is given to the Alliance, 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 the Alliance in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Alliance to be in breach of this Agreement and terminate the agreement. 6. PROHIBITION AGAINST DISCRIMINATION (a) Pursuant to Indiana Code 22-9-1-10, the Alliance, any sub -contractor, or any person acting on behalf of the Alliance 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 Page I3of5 employment because of race, religion, color, sex, disability, national origin, or ancestry. 7. RELEASE OF LIABILITY (a) The Alliance 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) The Alliance 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 the Alliance'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 provisions 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 the 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 valid and enforceable to the fullest extent permitted by law. 9. GOVERNING LAIN (a) The laws of the State of Indiana shall govern the interpretation, validity, performance, and enforcement of this Agreement. I N WITN ESS WH EREOF, the City and the Alliance have executed this AG REEM ENT as of the Effective Date. BOARD OF PUBLIC WORKS AND SAFETY Vic ' binson, President Ri rd Foore, Member nr k, ri 'i (-) Emily Palrljer, Member Page 14of5 APPROVED: David M. Snow, Mz yor ANIMAL CARE ALLIANCE Printe /Title �o Q�� Wage 15of5