HomeMy Public PortalAbout113-2010 City & Help the Animals - MEMORANDUM OF UNDERSTANDING.docMEMORANDUM OF UNDERSTANDING
The City of Richmond, Richmond, Indiana, states that following the swearing in of designated animal control volunteer officers (“ACV officers”) that the designated volunteers shall be
permitted to handle animal complaint calls for the City of Richmond Animal Control Division during 2nd shift hours and during weekends, and shall be permitted to utilize the animal
control truck to respond to any animal complaint issues.
Designated volunteers will be sworn in as animal control volunteer officers of the City of Richmond and shall be authorized to handle any animal complaint issues that arise under Richmond
City Code Chapter 91. The volunteer positions will entail, among other things, providing staff and personnel to handle animal complaint calls, responding in person to any situations
that arise under Richmond City Code Chapter 91, and issuing citations under Richmond City Code Chapter 91, and shall not include any arrest powers.
All designated volunteers who are sworn in and employed by the City on a volunteer basis must be employees of the Help the Animals, Inc. Shelter (hereinafter “Help Shelter”). The Help
Shelter shall at all times keep and maintain liability insurance in the following amounts:
Coverage Limits
A. Worker’s Compensation & Statutory
Disability Requirements
B. Employer’s Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $300,000 each occurrence
$300,000 aggregate
Section 2. Property Damage $100,000 each occurrence
Certificates of insurance evidencing the City of Richmond as certificate holder shall be provided by the Help Shelter to the Chief of Police on or before July 31st each year. No performance
of services by the designated volunteers under this Memorandum of Understanding shall commence until the City is in receipt of the Certificate of Insurance.
The Help Shelter and any designated volunteers employed by the Help Shelter agree to indemnify the City for any damage or injury to person or property or any other claims that may arise
from the designated volunteers’ conduct or performance of this Memorandum of Understanding, either intentionally or negligently; provided, however, that nothing contained in this Memorandum
of Understanding shall be construed as rendering the Help Shelter or any designated volunteers liable for any acts of the City, its officers, agents, or employees.
Volunteers shall not receive any compensation, benefits, insurance, or rights as full-time, part-time, temporary, or seasonal employees.
Contract Number 113-2010
Volunteers who use the City of Richmond Animal Control truck for duties performed under this Memorandum of Understanding shall be covered by the City’s automobile insurance. With the
exception of the Animal Control truck and its equipment and contents, the Help Shelter shall furnish all labor, material, and services necessary which are incidental to the proper completion
of its duties under this Memorandum of Understanding.
Notwithstanding any provision of this Memorandum of Understanding, the City or the Help Shelter may terminate this Memorandum of Understanding in whole or in part, at any time by giving
at least five (5) working days written notice specifying the effective date of the termination. The designated volunteers shall be relieved of all responsibilities under this Memorandum
of Understanding as of the effective date of termination. This Memorandum of Understanding may also be terminated by either the City or the Help Shelter, in whole or in part, by mutual
agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated.
Volunteers are to be designated and sworn in by the Clerk of the City of Richmond after consultation and approval of the Mayor of the City of Richmond. Volunteers on duty shall at all
times abide by local, state, and federal laws. Volunteers shall comply with the document attached hereto as “Protocol for Release To Owner” consisting of two (2) pages, provided that
in the event any terms or provisions of the Protocol conflict with any terms or provisions of Richmond City Code Chapter 91, the Richmond City Code shall be controlling.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the 13th day of January, 2011, although signatures may be affixed on different dates.
“CITY”
THE CITY OF RICHMOND,
INDIANA BY AND THROUGH ITS Board of Public Works and Safety
By:_S/S Vicki Robinson____________
Vicki Robinson, President
By:_S/S Dian Lawson______________
Dian Lawson, Member
By:_S/S Mary Jo Flood ____________
Mary Jo Flood, Member
Date:_January 13, 2011______________
APPROVED:_S/S Sarah L. Hutton____
Sarah L. Hutton, Mayor
“HELP SHELTER”
HELP THE ANIMALS, INC. SHELTER
By:_S/S James Cooper ____________
James Cooper, President
Date:_January 20, 2011_____________