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Service Solicited - 2010 - Idaho Humane Society - Animal Control SERVICE AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN CITY OF EAGLE AND THE IDAHO HUMANE SOCIETY This agreement is made and entered into thislk day of t1dv6e or , 2010, 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 in order 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. 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 the 1 st day of October 2010, and ending the 30th day of September, 2011. 2. Stray Dogs. Residents of the City may seize any stray dog running at large within the City and deliver said animal to the Humane Society for impoundment. For this contract, a "stray dog" shall mean and include any dog appearing or remaining in a neighborhood or any public place without an apparent home. A fee in the amount of $30.00 dollars shall be required from any resident of the City who shall drop off a stray dog. This fee shall be paid to the Humane Society at the time a stray dog is delivered to the Humane Society. 3. Quarantine and Care of Dogs That Bite. The Humane Society shall act as the City's Animal Control Contractor for the quarantine and care of dogs that bite. As the City's Animal Control Contractor, the Humane Society shall be responsible for the quarantine and care of such dogs, in accordance with all relevant ordinances and Humane Society guidelines, as follows: a. All dogs that bite shall be confined and quarantined for ten (10) successive days at a location determined by the Humane Society. The cost for the quarantine and care of these dogs shall be nine dollars ($9.00) per day. One-half of the total monetary amount for the period of quarantine, forty-five dollars ($45.00), must be paid by the owner of said dog to the Humane Society at the close of business on the first day of quarantine. If an owner is not determined after five (5) business days, not including weekends and holidays, all monies outstanding will be billed to the City. b. If after the ten (10) day period of quarantine has run, any dog that is quarantined is redeemed, and all fees owed have been paid in full, said dog shall have an examination by a licensed veterinarian and receive all necessary vaccinations in accordance with City ordinances. The owner of said dog shall pay the cost of said examination and vaccinations. c. If a dog under quarantine remains unclaimed during the quarantine period, after seven (7) consecutive days, it shall by euthanized and decapitated. The head of the euthanized dog shall be sent to the Idaho state lab. The City shall be responsible for the euthanization and state lab fees, which may include: 1. the nine dollar-a-day ($9.00) boarding cost for each day the dog was quarantined and cared for by the Humane Society, for a maximum number of seven (7) days; 11. a one-time impound fee of fifteen dollars ($15.00); 111. a euthanasia fee of fifty dollars ($50.00); IV. and, a combined decapitation and state lab fee of fifty-five dollars ($55.00). The total amount of money owed by the City to the Humane Society shall not exceed $183.00 per individual dog. d. Until an owner is found or the time period, as set forth herein, has run, the City shall be responsible for any and all costs of the emergency care of an injured dog that is accepted for treatment and care by the Humane Society. If a dog owner is found, the Humane Society shall make a good faith attempt, including through all legally available means, to obtain all monies owed for the treatment and care of the injured dog from the owner. e. The City shall designate an individual who shall, in acting for the City, give permission to the Humane Society for treatment decisions. The name and phone number of this contact person shall be given to the Humane Society. f. The Humane Society shall not respond to citizen calls for animal complaints or problems. The Humane Society may assist with any verified situations involving animal hoarding or animal abuse, if help is requested. g. The individual designated by the City may contact the Humane Society during any hours when the animal shelter is closed, in order to meet Humane Society officers, in cases where impoundment by the Humane Society is required for an otherwise healthy dog. Humane Society officers shall be paid time-and-a-half per hour of their hourly wage for such calls with time starting at the point a telephone call is received by the Humane Society officer and ends at the officer's arrival home. Further, costs may vary according, depending upon the hourly wage of the responding officer. h. The Humane Society shall not sell any animal licenses for the City. However, the Humane Society shall cooperate with the City by making available to the City the owner's name and information who owns any dog which has been redeemed, for the purposes of the City's dog licensing ordinances. 1. The Humane Society shall not issue any citations. J. The Humane Society will continue to receive and care for both stray and owner donated cats from the City. If the animal shelter is full at the time that a donated cat is brought to the shelter, the Humane Society may request that the person donating the animal bring the cat back at a different time. A twenty dollar ($20.00) charge for all donated cats shall be required by the Humane Society and must be paid in full by the person donating the cat at the time of donation. k. The Humane Society shall assist the Ada County Sheriff Office on emergency calls within the jurisdiction of the City when requested. Monetary compensation shall be required from the City for this assistance. The amount owed to the Humane Society for these services will be determined according to the length of time the officer is called out. 4. Indemnification. a. City to Hold Humane Society Harmless. The Humane Society, its officers, agents, and employees, shall not be deemed to have assumed any liability for the acts of said City or any officers, agents or employees thereof, and the City hereby covenants and agrees to hold and save the Humane Society and all of its officers, agents, and employees harmless from all claims whatsoever that might arise against the Humane Society, its officers, agents, or employees, by reasons of any acts or failures to act on the part of the City, its officers, agents or employees. b. Human Society to Hold City Harmless. The Humane Society hereby covenants to hold and save the City and all its officers, agents, and employees, harmless from all claims whatsoever that might arise against the City, its officers, agents, or employees by reason of any acts or failures to act on the part of the Humane Society, its officers, agents, or employees in the performance of the duties required by the terms of this Service Agreement. Furthermore, 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. 5. 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. 6. Accounting and Documentation. The Humane Society will make all accounting information and supporting documents available to the City representative upon request. 7. Changes in Conditions. The parties each agree to inform the other in a timely manner, of any changes in conditions which may significantly affect City animal control services provided by Humane Society or associated costs. 8. Entire Agreement/ Waiver of Default. The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be modification of the terms of the Agreement unless stated to be such through written approval by the City, which shall be attached to the original Agreement. 9. 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. DATED: /t)...;zc:,-/O CITY OF EAGLE IDAHO HUMANE SOCIETY By~D~ JAMES D. OLDS MA YOR BY:~P-- ROSENTHAL, DVM EXECUTIVE DIRECTOR ATTEST: ~~k~ ....... 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