Service Solicited - 2015 - Idaho Humane Society - Animal Control / EnforcementSERVICE AGREEMENT FOR ANIMAL CONTROL
SERVICES BETWEEN CITY OF EAGLE AND
THE IDAHO HUMANE SOCIETY
This agreement is made and entered into this day of September, 2015, 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:
Period of Agreement. This agreement shall cover a one -year period beginning the 1 st day
of October 2015, and ending the 30th day of September, 2016.
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, except as otherwise agreed in writing by the parties to this
agreement. The Humane Society shall make a coordinated effort with the Ada County
Sherriff s Office — Eagle Substation, to successfully enforce animal control within the
City of Eagle in order to sustain and improve the quality of life of Eagle residents. 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, 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.
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d. The Humane Society shall be the agent of the City in enforcing Title 4, Chapter 5 of
the City Code 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.
3. Compensation and Pam 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 FY 15/16 (October 1, 2015 through September 30, 2016),
shall be $57,264, payable in twelve equal installments, beginning in October 2015.
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 ensure compliance with all applicable federal, state, and City laws,
regulations, ordinances, as well as directives of the designated City liaison to ensure 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 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, 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 indemnify 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
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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 Animal
Control Services separately from other functions or political subdivisions and will
assure all documents (invoices, vouchers, payrolls, etc.) identify Animal Control costs.
Humane Society will make all accounting information and supporting documents
available to the City representative upon request.
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.
11. 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.
12. 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
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the Humane Society and shall survive any default, termination, or forfeiture of this
contract.
17. Representatives of the Humane Society and the City. The Chief Executive Officer and
Chief Financial Officer of the Humane Society are the representatives 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 Chief Executive Officer or
Chief Financial Officer. The Mayor has designated City Clerk/Treasurer's Ofice as the
City's staff representative for administering the provisions of this Agreement. Other
authorized individuals may represent the City upon submittal of written designation by
the Mayor to the Humane Society.
DATED this tj�ay of September, 2015
APPROVED:
CITY OF EAGLE
ADA COUNTY, IDAHO
1► /
F,�A D-. R •.
MAYOR
ATTEST:
SHAPEON K. BERGMANN
CITY CLERK/TREASU • F 'IF E���.''•
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14
IDAHO HUMANE SOCIETY, INC.
ADA COUNTY, IDAHO
JEFFnTUSP 4THAL, DVM
CHIEF EXECUTIVE OFFICER
(seal)
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this day of September, 2015, before the undersigned notary public in and for
the said state, personally appeared, James D. Reynolds, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
written.
STATE OF IDAHO )
ss.
COUNTY OF ADA )
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nission Expires:
On this AJ day of September, 2015, before the undersigned notary public in and for
the said state, personally appeared, Jeff Rosenthal, Chief Executive Officer of the Idaho Humane
Society, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
written.
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Notary Public r d
Residing at:
My Commission Expires: