HomeMy Public PortalAbout007-2023 - Henry County Humane Society - 2023 animal shelter (2) ANIMAL SHELTERING SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this, the (D day of,04./0-6/
2023 (hereinafter, the "Effective Date"), by and between the City of Richmond, Ind aa, 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 ofJanuary 1,
2023 and continue through and include December 31, 2023, unless earlier terminated or
extended as provided in this Agreement.
2) PAYMENTS. The City shall pay to the Society an amount equal to Forty-One
Thousand Two Hundred and 00/100 ($41,200.00) 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 Three dollars
and 00/100 ($103) per each animal housed. Society shall invoice City for such
"additional animals" brought into the Shelter by City's authorized personal. 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:
Contract No. 7-2023
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 Depai Lucent 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 all charges for medical care and medical treatment
ti
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.
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 ICF 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
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President
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Member Title: Eke- r✓ _. A
Dated: .2-" /" 02 3
Member
Dated /. ' &— -3
APPOVED:
Dated: 01 7, ZoZ