HomeMy Public PortalAbout017-2022 - Amended - Police - Henry County Humane Society - Animal Care AMENDED ANIMAL SHELTERING SERVICE AGREEMENT
THIS AMENDED AGREEMENT, made and entered into this, the l day of
/ Qcy, 2022 (hereinafter, the "Effective Date"), by and between the City of Richmond,
Indiana, an Indiana Political Subdivision, by and through its Board of Public Works and Safety
(hereinafter, the "City"), and the Henry County Humane Society, Inc., an Indiana not-for-profit
corporation. (Hereinafter, the "Society").
WITNESSETH:
WHEREAS, the parties have hereto entered into Contract No. 17-2022, to which this
amendment is attached; however, prior to the Society executing the same, its representative
struck the final paragraph of page two (2) and initialed the same. Due to the fact that the City
did not contemplate nor authorize this modification at the time the Board of Works and Public
Safety and the Mayor signed the same, it is now necessary to execute this Amended Agreement
in order to appropriately evidence the agreement of the parties. The parties now desire to
fonnali7e their intent regarding the provision of animal sheltering services by entering into this
Amended Agreement and approving the terms and conditions stated herein.
NOW-THEREFORE;in consideration of the mutual covenants and conditions set forth
herein,the parties hereby agree as follows:
1) TERM. The term of this Agreement shall commence on the Effective Date of January 1,
2022 and continue through and include December 31, 2022, unless earlier terminated or
extended as provided in this Agreement.
2) PAYMENTS. The City shall pay to the Society an amount equal to Forty Thousand and
00/100 ($40,000.00) Dollars annually,payable monthly. In the event that City causes Society
to house more than Four Hundred animals in a calendar year, Society shall be compensated
at the rate of One Hundred dollars and 00/100 ($100) per each animal housed. Society shall
invoice City for such "additional animals" brought into the Shelter by City's authorized
personnel. The City shall pay to the Society the total amount currently due and owing, as
indicated on the invoice,within 30 days after receipt of said invoice from the Society.
3) SERVICES. The Society shall perform the following services for the City:
a. Exclusively and completely maintain and operate the Shelter, including the
provisions of all necessary equipment and personnel, in a manner which shall
enable it to fully provide the animal services set forth herein:
b. Employ a Shelter manager and any other personnel necessary to effectively
operate and maintain the Shelter:
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c. Treat all individuals with whom it comes into contact on City's behalf fairly,
courteously, and respectfully:
d. Accept all stray dogs or cats found in the city and brought into the Shelter by the
City's authorized personnel; and
e. Enforce and abide by all federal, state, and local laws.
f. Society shall make an employee available for the purpose of receiving animals
hereunder at its place of business at 11 Midway Drive New Castle, IN 47362
during normal business hours and for all after hour on-call deliveries.
g. Society shall hold all animals for five consecutive nights after which the animal
shall become the property of the Society, subject to the below provisions, and the Society
shall place the animal up for adoption or humanely dispose of it at the discretion of the
Society. (Exceptions; in case injury or illness prolonging suffering. Impoundment for
neglect,abuse or other such cases by the City,in which the City intends to pursue criminal
charges against an animal owner,a bond may be posted,subject to the order and approval
of a court of competent jurisdiction bond in the amount of$450 per 30 days (or such
other sum as ordered by the court) under IC 35-46-3-6 to the Society for the keeping of
the animal. Failure to post a bond as described in IC 35-46-3-6 within the prescribed ten
days of impoundment under criminal investigation shall result in the animal becoming
the property of the Society. The Society shall hold "bite" animals for a period of 10 days
in accordance with Indiana State Rabies Quarantine Guidelines,stray"bite"animals must
have a "bite report" written by a City representative and a copy provided at the time of
quarantine to the Society. Stray"bite" animals will be humanly disposed of at the end of
the Indiana State required quarantine.The expenses of owned"bite" animal quarantines
shall be paid to the Society by the animal owner at the time of quarantine.If the expenses
of quarantine of an owned "bite" animal are not paid, the animal will be humanly
disposed of at the end of the Indiana State quarantine period, subject to the rules and
regulations of applicable City Ordinances providing for"vicious" determinations and the
available dispositions as a result of the same. Society shall abide by all applicable
Richmond Police Department and Board of Public Works and Safety orders, rules and
procedures,which includes adhering to any directive not to release an animal that is the
subject of a pending Board of Works and Public Safety Hearing or criminal case
proceedings regarding an animal, provided however, that if a directive of the Richmond
Police Department or Board of Public Works results in an animal being held for a period
of ten (10) days or more, the City shall pay to Society the cost and expenses of holding
and caring for the animal
An impounded animal shall be returned to its proven owner upon authorization from the
City, and the payment to the Society of all expenses of holding the animal, including the
of all charges for medical care and medical treatment incurred by the Society and the
payment of the boarding and administrative fees for holding the animal.
h. The Society shall provide to the City or its agents information collected from
owners of "Reclaimed Animals" at the City's representatives request in order
that they may pursue registration and assessed fines in accordance with
Richmond City Code.
4. COSTS AND FEES. The Society shall retain all contractual payments, donations and
other monies it receives from any source and the City shall not be entitled to credit for
any such receipts. Such monies shall include any adoption fees and any boarding and
impoundment fees which the Society may charge an owner of any animal which has been
impounded in the Shelter. Any boarding fee shall not exceed those charged by local
veterinarians. Any impoundment fee shall be reasonably related to the cost of record
keeping and care incurred thereby.The City shall not be liable for any expenses incurred
by the Society in its operation of the Shelter and performance of its other obligations set
forth herein.
5. INDEMNIFICATION.
a. BY THE SOCIETY - The Society hereby assumes responsibility for and
agrees to indemnify and hold the City harmless from any and all liabilities,
claims, or damages imposed on the City up to the monetary limits provided by
law, arising out of, or in connection with, any negligent acts, omissions, or
misconduct of the Society, its agents, or its employees relating to responsibilities
of, and the services to be provided by, the Society pursuant to this Agreement.
This indemnification shall include payment of any legal and/or attorney fees
incurred by the City as a result of any negligent acts, omissions, or misconduct
of the Society,its agents, or its employees.
b. BY THE City - The City herby assumes responsibility for, and agrees
to indemnify and hold the Society harmless from, any and all liability, claims, or
damages imposed on the Society up to the monetary limits provided by law,
arising out of or in connection with any negligent acts, omissions, or misconduct
of the City, its agents, or its employees relating to the responsibilities of the
City pursuant to this Agreement.
6. INSURANCE. The Society will pay for and maintain liability insurance coverage in the
amount of$1,000,000.00 and name the City as an additional insured.
7. TERMINATION. Either party may terminate this Agreement by giving written notice,
by certified mail,return receipt requested, to the other no less than Thirty(30) days prior
to the effective date of the termination as stated in the notice.
4 `
8. AUTHORIZATION. By signing below, each party represents and covenants that they
are a duly authorized representative of said party and they have been duly authorized to
enter into this Agreement on behalf of the party for which they represent.
9. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS_
Pursuant to Indiana Code 22-5-1.7, Society is required to enroll in and verify the work eligibility
status of all newly hired employees of the Society through the Indiana E-Verify program. Society
is not required to verify the work eligibility status of all newly hired employees of the Society
through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior
to the performance of this Agreement, Society shall provide to the City its signed Affidavit
affirming that Society does not knowingly employ an unauthorized alien in accordance with IC
22-5-1.7-11 (a) (2). In the event Society violates IC 22-5-1.7 the Society shall be required to
remedy the violation not later than thirty (30) days after the City notifies the Society of the
violation. If Society fails to remedy the violation within the thirty(30) day period provided above,
the City shall consider the Society to be in breach of this Agreement and this Agreement will be
terminated. If the City determines that terminating this Agreement would be detrimental to the
public interest or public property, the City may allow this Agreement to remain in effect until
the City procures a new Society. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) the Society will remain liable to the City for actual damages.
10. MISCELLANEOUS. This Agreement is personal to the parties hereto and neither party
may assign or delegate any of its rights or obligations hereunder without the prior written consent
of the other party. Any such delegation or assignment, without the prior written consent of the
other party, shall be null and void. This Agreement shall be controlled by and interpreted
according to Indiana law and shall be binding upon the parties, their successors and assigns.
This document constitutes the entire Agreement between the parties, although it may be altered
or amended in whole or in part at any time by filing with the Agreement a written instrument
setting forth such changes signed by both parties. By executing this Agreement the parties agree
that this document supersedes any previous discussion, negotiation, or conversation relating to
the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the City, by and through the undersigned, has duly
executed this Agreement as of the Effective Date stated herein.
• "CITY" "CONTRACTOR"
The City of Richmond, Indiana, by and through HENRY COUNTY HUMANE
SOCIETY, INC.
its Board of Public Works and Safety
1? Oh& eek4d By:
Vicki Robinsant,President
(Printed): J°€-14/4-r-
Emily P mer, Member ?(,,ems G21
Title:
11
,�J a 2s Z�
Dated:
Matt Evans, Member
Dated: 0210-22,
APPROVED:
e
David M. S ow, Mayor
Dated: of / y Zo zZ.
ANIMAL SHELTERING SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this,the bC day of \`.Uhuar t, ,
2022 (hereinafter, the "Effective Date"), by and between the City of Richmond, Ind(ana, an
Indiana Political Subdivision,by and through its Board of Public Works and Safety(hereinafter,
the"City"),and the Henry County Humane Society,Inc., an Indiana not for-profit corporation.
(Hereinafter, the "Society").
WITNESSETH:
WHEREAS,the parties hereto desire to formalize their intent regarding the provision of
animal sheltering services by entering into this Agreement and approving the terms and
conditions stated herein.
NOW THEREFORE,in consideration of the mutual covenants and conditions set forth
herein, the parties hereby agree as follows:
1) TERM. The term of this Agreement shall commence on the Effective Date of January 1,
2022 and continue through and include December 31, 2022, unless earlier terminated or
extended as provided in this Agreement.
2) PAYMENTS. The City shall pay to the Society an amount equal to Forty Thousand and
00/100 ($40,000.00)Dollars annually,payable monthly:In the event that City causes Society
to house more than Four Hundred animals in a calendar year,Society shall be compensated
at the rate of One Hundred dollars and 00/100 ($100) per each animal housed. Society shall
invoice City for such "additional animals" brought into the Shelter by City's authorized
personnel. The City shall pay to the Society the total amount currently due and owing, as
indicated on the invoice,within 30 days after receipt of said invoice from the Society.
3) SERVICES. The Society shall perform the following services for the City:
a. Exclusively and completely maintain and operate the Shelter, including the
provisions of all necessary equipment and personnel, in a manner which shall
enable it to fully provide the animal services set forth herein:
b. Employ a Shelter manager and any other personnel necessary to effectively
operate and maintain the Shelter:
c. Treat all individuals with whom it comes into contact on City's behalf fairly,
courteously, and respectfully:
d. Accept all stray dog or cats'found in the city and brought into the Shelter by the
City's authorized personnel; and
Contract No. 17-2022
� 1 '
e. Enforce and abide by all federal, state, and local laws.
f. Society shall make an employee available for the purpose of receiving animals
hereunder at its place of business at 11 Midway Drive New Castle, IN 47362
during normal business hours and for all after hour on-call deliveries.
g. Society shall hold all animals for five consecutive nights after which the animal
shall become the property of the Society,subject to the below provisions,and the Society
shall place the animal up for adoption or humanely dispose of it at the discretion of the
Society. (Exceptions; in case injury or illness prolonging snffering. Impoundment for
neglect,abuse or other such cases by the City,in which the City intends to pursue criminal
charges against an animal owner,a bond maybe posted,subject to the order and approval
of a court of competent jurisdiction bond in the amount of$450 per 30 days (or such
other sum as ordered by the court) under IC 35-46-3-6 to the Society for the keeping of
the animal.Failure to post a bond as described in IC 35-46-3-6 within the prescribed ten
days of impoundment under criminal investigation shall result in the animal becoming
the property of the Society.The Society shall hold"bite" animals for a period of 10 days
in accordance with Indiana State Rabies Quarantine Guidelines,stray"bite"animals must
have a"bite report"written by a City representative and a copy provided at the time of
quarantine to the Society. Stray"bite" animals will be humanly disposed of at the end of
the Indiana State required quarantine.The expenses of owned"bite"animal quarantines
shall be paid to the Society by the animal owner at the time of quarantine.If the expenses
of quarantine of an owned "bite" animal are not paid, the animal will be humanly
disposed of at the end of the Indiana State quarantine period, subject to the rules and
regulations of applicable City Ordinances providing for"vicious"determinations and the
available dispositions as a result of the same. Society shall abide by all applicable
Richmond Police Department and Board of Public Works and Safety orders,rules and
procedures,which includes adhering to any directive not to release an animal that is the
subject of a pending Board of Works and Public Safety Hearing or criminal case
proceedings regarding an animal,provided however, that if a directive of the Richmond
Police Department or Board of Public Works results in an animal being held for a period
of ten (10) days or more, the City shall pay to Society the cost and expenses of holding
and caring for the animal
An impounded animal shall be returned to its proven owner upon authorization from the
City, and the payment to the Society of all expenses of holding the animal,including the
of all charges for medical care and medical treatment incurred by the Society and the
payment of the boarding and administrative fees for holding the animal.
• to any non-immunized animal being returned to its owner, the owner shwa
reason • • five fee to the So ' uant to Section 91.12 of
j/ the Richmond City C , ep a ' ed records of all animals impounded
and the • ition of any animals in its custody. These recor • ' able
I t upon request.
,.
h. The Society shall provide to the City or its agents information collected from
owners of"Reclaimed Animals" at the City's representatives request in order
that they may pursue registration and assessed fines in accordance with
Richmond City Code.
4. COSTS AND FEES. The Society shall retain all contractual payments, donations and
other monies it receives from any source and the City shall not be entitled to credit for
any such receipts. Such monies shall include any adoption fees and any boarding and
impoundment fees which the Society may charge an owner of any animal which has been
impounded in the Shelter. Any boarding fee shall not exceed those charged by local
veterinarians. Any impoundment fee shall be reasonably related to the cost of record
keeping and care incurred thereby.The City shall not be liable for any expenses incurred
by the Society in its operation of the Shelter and performance of its other obligations set
forth herein.
5. INDEMNIFICATION.
a. BY THE SOCIETY-The Society hereby assumes responsibility for and
agrees to indemnify and hold the City harmless from any and all liabilities,
claims, Or damages imposed on the City up to the monetary limits provided by
law, arising out of, or in connection with, any negligent acts, omissions, or
misconduct of the Society,its agents, or its employees relating to responsibilities
of, and the services to be provided by,the Society pursuant to this Agreement.
This indemnification shall include payment of any legal and/or attorney fees
incurred by the City as a result of any negligent acts, omissions, or misconduct
of the Society,its agents, or its employees.
b.BY THE City -The City herby assumes responsibility for, and agrees
to indemnify and hold the Society harmless from, any and all liability, claims, or
damages imposed on the Society up to the monetary limits provided by law,
arising out of or in connection with any negligent acts, omissions, or misconduct
of the City,its agents,or its employees relating to the responsibilities of the
City pursuant to this Agreement
6. INSURANCE. The Society will pay for and maintain liability insurance coverage in the
amount of$1,000,000.00 and name the City as an additional insured.
7. TERMINATION. Either party may terminate this Agreement by giving written notice,
by certified mail,return receipt requested,to the other no less than Thirty(30) days prior
to the effective date of the termination as stated in the notice.
•
8. AUTHORIZATION. By signing below, each party represents and covenants that they
are a duly authorized representative of said party and they have been duly authorized to
enter into this Agreement on behalf of the party for which they represent
9. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS,
Pursuant to Indiana Code 22-5-1.7, Society is required to enroll in and verify the work eligibility
status of all newly hired employees of the Society through the Indiana E-Verify program. Society
is not required to verify the work eligibility status of all newly hired employees of the Society
through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior
to the performance of this Agreement, Society shall provide to the City its signed Affidavit
affirming that Society does not knowingly employ an unauthorized alien in accordance with IC
22-5-1.7-11 (a) (2). In the event Society violates IC 22-5-1.7 the Society shall be required to
remedy the violation not later than thirty (30) days after the City notifies the Society of the
violation. If Society fails to remedy the violation within the thirty(30) day period provided above,
the City shall consider the Society to be in breach of this Agreement and this Agreement will be
terminated. If the City determines that terminating this Agreement would be detrimental to the
public interest or public property, the City may allow this Agreement to remain in effect until
the City procures a new Society. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c)the Society will remain liable to the City for actual damages.
10. MISCELLANEOUS. This Agreement is personal to the parties hereto and neither party
may assign or delegate any of its rights or obligations hereunder without the prior written consent
of the other party. Any such delegation or assignment,without the prior written consent of the
other party, shall be null and void. This Agreement shall be controlled by and interpreted
according to Indiana law and shall be binding upon the parties, their successors and assigns.
This document constitutes the entire Agreement between the parties, although it maybe altered
or amended in whole or in part at any time by filing with the Agreement a written instrument
setting forth such changes signed by both parties. By executing this Agreement the parties agree
that this document supersedes any previous discussion, negotiation, or conversation relating to
the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts,each of which shall be
an original and all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the City, by and through the undersigned, has duly
executed this Agreement as of the Effective Date stated herein.
. I
"CITY" "CONTRACTOR"
The City of Richmond,Indiana, by and through HENRY COUNTY HUMANE
SOCIETY,INC.
its Board of Public Works and Safety
r j i
xatlaGJ By:
Vicki Robinson, President
(Printed): 1e1
E iy Pal er, Member r(W>e;GO-
Dated:Title: 2-% Si d.- a.,9.
Matt Evans, Member
Dated: /•" 7---.22-
APPROVED:
t I�
David M. Snob, ayor
Dated: 6f