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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 2(iitte 44460-t-/ President (Printed) (ino1¢- Con in Member Title: Eke- r✓ _. A Dated: .2-" /" 02 3 Member Dated /. ' &— -3 APPOVED: Dated: 01 7, ZoZ