Service Solicited - 2007 - Idaho Humane Society - Animal Control (3)
AMENDED SERVICE AGREEMENT FOR ANIMAL
CONTROL SERVICES BETWEEN CITY OF Eagle
AND THE IDAHO HUMANE SOCIETY
This agreement is made and entered into this /G-'..J!:;/... day of September 2007, by and between
the City of Eagle, hereinafter referred to as "City," and the Idaho Humane Society, Inc.,
hereinafter referred to as "Humane Society."
WHEREAS, the City desires to provide animal control services in the community to protect the
community's health and welfare and to assure that the animals are maintained consistent with the
provisions of the City Code; and,
WHEREAS, the City recognizes the Humane Society as having the necessary qualifications and
capabilities to provide a full range of animal control services to the community for many years.
WITNESSETH:
In consideration of the terms and conditions contained herein, the parties agree as follows:
1. Period of Agreement. This agreement shall cover a one-year period beginning October 1,
2007, and ending September 30, 2008.
2. Animal Control Enforcement. The Humane Society shall be the City's Animal Control
Contractor and shall be responsible for the enforcement of all animal regulatory ordinances of
the City Code and the pertinent provisions of the Idaho Code relating to animal cruelty and
animal control, except as otherwise agreed in writing by the parties to this agreement. In
carrying out this responsibility, the Humane Society shall:
a. Provide animal control services to neighborhoods within the City limits including
investigating complaints, responding to calls for service, patrol as time is available,
issuing citations to suspected violators and following through in court as appropriate,
apprehending and impounding stray animals and other animals as required in the City
Code and the pertinent provisions of Idaho Code relating to animal cruelty and animal
control, picking up dead or injured animals within the road right-of-way and the City
limits and other services as appropriate.
b. Holding, preparing records regarding, and providing disposition of impounded
animals, consistent with City Code requirements and Humane Society goals.
c. Providing other services designed to support the goal of responsible animal
ownership in Eagle including, but not limited to public information, acting as the City's
expert consultant regarding legislation and other matters regarding animal control in the
community.
The Humane Society shall be the agent of the City in enforcing Title 4, Chapter 5 of the
City Code and the pertinent provisions of the Idaho Code relating to animal cruelty and
animal control and shall be responsible for selecting and training qualified officers and
employees to carry out these services. The Humane Society will coordinate their animal
control services with City officials, especially regarding licensing and citations as
appropriate.
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3. Compensation and Payment. The City agrees to pay the Humane Society for animal control
services provided within City limits during the period of this contract the sum identified in the
City's annual budget. Compensation to the Idaho Humane Society for Animal Control Services
for FY07/08 (October l, 2007 through September 30, 2008), shall be $49,572.00, payable in
twelve equal installments, beginning October l, 2007).
The Humane Society agrees to collect licensing fees and other payments as required in the
Municipal Code and to effect disposition of all fees so collected as required in the Eagle City
Code back to the City.
4. Compliance with Laws. The Humane Society shall undertake a continuing program of
monitoring to insure compliance with all applicable federal, state, and City law, regulations,
ordinances, as well as directives of the designated city liaison to insure safe and efficient
operations and to safeguard funds made available to the Humane Society by the City.
5. Indemnification. The Humane Society shall indemnify and save and hold harmless City from
and for any and all losses, claims, actions, judgment for damages, or injury to persons or
property and losses and expenses caused or incurred by the Humane Society, its servants, agents,
employees, guests, and business invitees, in the performance of this agreement, and not caused
by or arising out of the tortuous conduct of City or its employees. In addition, the Humane
Society shall maintain, and specifically agrees that it will maintain throughout the term of this
Agreement, liability insurance in which City shall be a named insured in the minimum amount as
specified in the Idaho Tort Claims Act set forth in Title 6, chapter 9 of the Idaho Code. The
limits of insurance shall not be deemed a limitation of the covenants to indemnity and save and
hold harmless City; and if City becomes liable for an amount in excess of the insurance limits,
herein provided, the Humane Society covenants and agrees to indemnify and save and hold
harmless City from and for all such losses, claims, actions, or judgments for damages or liability
to persons or property. The Humane Society shall provide City with a Certificate of Insurance or
other proof of insurance evidencing the Humane Society's compliance with the requirements of
this paragraph and file such proof of Insurance with the City Clerk. The Humane Society shall
provide proof of insurance for workers compensation in the statutory limits as requested by the
State of Idaho. In the event the insurance minimums of the Idaho Tort Claims Act are changed,
the Humane Society shall immediately submit proof of compliance with the changed limits.
6. Humane Society to be Independent Contractor: The parties hereto agree and understand that
neither the Humane Society, nor any person performing the requirements of this contract on
behalf of the Humane Society, are employees of City. It is further understood that the
relationship between the City and the Humane Society is that of principal-independent
contractor, respectively, and nothing herein shall be construed to be inconsistent with the
relationship.
7. Accounting and Documentation: The Humane Society will account for City services
separately from other functions or political subdivisions and will assure all documents (invoices,
vouchers, payrolls, etc.) identify animal control costs. Humane Society will provide the City
with monthly reports of its activities on behalf of the City and of costs and revenues compared to
budgeted amounts and the organization balance sheet and income statements in a timely manner.
The Humane Society will also make all accounting information and supporting documents
available to the City representative upon request.
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8. Changes in Conditions: The Humane Society will inform the City in a timely manner of any
changes in conditions which may significantly affect City animal control services provided by
Humane Society or associated costs.
9. Use and Maintenance of Animal Control Vehicles: The Humane Society will provide the
animal control vehicles and collision insurance thereon, for use by the Humane Society in
performing official duties under this agreement.
10. Technical Assistance: The City will provide the Humane Society, upon request, with
technical assistance if available to help in assuring the administrative system is adequate and
responsive and that services are appropriate and consistent with City funded services in this
contract.
ll. Public Education: The Humane Society will foster sound, humane practices by owners in
support of the purposes of this contract through good public relations techniques consistent with
the provisions of this contract.
l2. Annual Recommendations: The Humane Society will provide the City with
recommendations for needed changes in City Animal Control Policy; including fees, licenses,
and regulator ordinances.
13. Assignments: The Humane Society shall not assign, transfer or sublet any of its obligations
or any monies due to or provided for under this agreement without first obtaining written consent
of the City.
14. Contract Amendment: This contract may be amended at any time by mutual agreement of
the parties. Before any amendment is valid, it must first be reduced to writing and signed by
both parties.
15. Severability: Should any term, provision, or paragraph of the contract be held in a court of
law to be invalid, it is recognized by the parties herein that said terms, provisions or paragraph so
held invalid may be stricken and the remainder continues in effect.
16. Default: If City is compelled to incur any expenses including reasonable attorney's fees in
instituting and prosecuting any action or proceeding by reason of any default of Humane Society
here under, the sum or sums so paid by City with all interest, costs, and damages shall be deemed
to be additional sums hereunder and shall be due from Humane Society to City on the first day of
the month following the incurring of such respective expenses. This provision shall be deemed
to be a separate contract between the City and the Humane Society and shall survive any default,
termination, or forfeiture of this Contract.
17. Representatives of the Humane Society and of the City: The Executive Director of the
Humane Society is the representative of the Humane Society for all provisions related to this
contract. All contracts related to the provision of this contract shall be made through or
coordinated with the Executive Director. The Mayor shall designate the City's staff
representative for administering the provisions of this agreement. A council liaison will also be
appointed.
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DATED this -Lk~ day of September, 2007.
APPROVED:
CITY OF EAGLE
ADA COUNTY, IDAHO
IDAHO HUMANE SOCIETY
ADA COUNTY, IDAHO
JE~t:L
EXECUTIVE DIRECTOR
ATTEST:
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SHARON K. BERGMANN
CITY CLERK/TREASURER
(seal)
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this / >l day of September 2007, before the undersigned notary public in and for the
said state, personally appeared, Nancy C. Merrill, Mayor, City of Eagle, known or identified to
me to be the person who executed the foregoing instrument and acknowledged to me that he or
she executed the same.
Notary P
Residing
My Commission Expires:
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STATE OF IDAHO )
ss.
COUNTY OF ADA )
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On this~~ay of ~0fltember 2007, before the undersigned notary public in and for the
said state, personally appeared (7"%;:,!-'" l?iJ.scAr/ d tl / , known or identified to
me to be the person who executed the foregoing instrument and acknowledged to me that he or
she executed the same.
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