Service Solicited - 2019 - Idaho Humane Society - Animal Welfare and Enforcement Contract Through 09/30/2019ANIMAL WELFARE AND ENFORCEMENT AGREEMENT
(Idaho Humane Society and City of Eagle)
This Animal Welfare and Enforcement Agreement (the "Agreement") is entered
into this Z day of a',I-rz y , 20 i , by and between the City of Eagle, a
municipal corporation organized under the laws of the state of Idaho (the "City"), and the
Idaho Humane Society, Incorporated, an Idaho non-profit corporation ("IHS").
Separately, either IHS or the City may be referred to as a "Party," and both together as
the "Parties."
WHEREAS, Idaho Code Section 50-319 authorizes a city to regulate the running
at -large of domesticated animals, including causing animals at -large to be impounded and
sold to cover the penalties and costs of impounding, keeping, and sale of such animals;
and
WHEREAS, Idaho Code Section 50-319 also authorizes a city to impose a license
tax on the owners and harborers of animals, and to authorize the sale or destruction of
any such animal when its owner or harborer fails or refuses to pay such license tax; and
WHEREAS, Idaho Code Section 50-319 also grants authority to a city to build
and operate the pens and pounds required to house impounded animals, to hire or contract
with staff to operate the pens and pounds, and to establish and enforce rules governing
the pens and pounds; and
WHEREAS, Idaho Code Section 25-2812 authorizes local governments to adopt
and enforce ordinances defining a dangerous or vicious dog, so long as the local
government's definitions allow for acts of justified provocation, as described in Idaho
Code Section 25-2810(3); and
WHEREAS, the City has adopted, and is responsible for enforcing, ordinances
governing the regulation, licensing, impounding, and welfare of certain animals within
the territorial limits of the City; and
WHEREAS, the City desires to contract with IHS to perform the City's duties and
responsibilities for the regulation, licensing, impounding, and welfare of certain animals
within the territorial limits of the City,pursuant to the terms and conditions contained
herein; and
WHEREAS, the City finds that contracting with HIS to perform the City's
animal -related duties, as provided herein, is the best means of protecting the health,
safety, and welfare of the people of the City and ensuring the safe and humane treatment
of animals.
A. Definitions. The following words shall have the meanings ascribed to them
below. Words not defined in this section or elsewhere in this Agreement shall have their
normal and common meaning.
Animal Welfare and
Enforcement Agreement p. 1
1. "City" shall mean the City of Eagle, Idaho, and/or any one or more of its
authorized officers, officials, employees, volunteers, agents, or contractors.
2. "IHS" shall mean the organization with which the City contracts, and to
which the City delegates its authority, to perform the animal welfare, animal
enforcement, and other animal -related responsibilities, duties, and functions of the City,
as provided in this Agreement.
3. "Impounded Animal" shall mean any animal picked up by IHS, the City, or
any member of the public, that is then delivered to IHS.
B. Effective Date; Term. The term of this Agreement is from October 1, 2018 to
September 30, 2019 (the "Term").
C. Purpose; Grant of Authority. IHS shall be the City's animal welfare and
enforcement contractor and shall be responsible for the enforcement of all animal
regulatory ordinances of the City code and applicable provisions of Idaho Code, except as
otherwise expressly stated herein or as the Parties may otherwise subsequently agree in
writing. Nothing contained herein shall be interpreted to preclude the City and IHS from
contracting separately for the provision of other services.
D. Contract Price; Payment; Additional Compensation.
1. The City agrees to pay IHS the sum of $70,000 (the "Contract Price").
2. The Contract Price shall be paid by the City to IHS in twelve equal monthly
installments payable on or before the 15th of the month of service.
3. Additional compensation (as from licensing fees, if applicable) to IHS, if
any, is detailed in Exhibit A, which is incorporated herein by this reference.
E. Independent Contractor. In all matters between the Parties pertaining to this
Agreement, the relationship between the City and IHS is that of principal and
independent contractor. Neither IHS nor any person performing work on behalf of IHS
shall be deemed to be an employee of the City. The selection and supervision of IHS'
personnel performing work pursuant to this Agreement shall be in the sole discretion of
IHS. Neither IHS nor any person performing work on behalf of IHS shall be deemed to
acquire any of the rights, privileges, powers, or advantages of a City employee, or vice
versa; however, those persons performing work on behalf of IHS may act as an agent on
behalf of the City, as expressly set forth herein.
F. Scope of Work.
1. Enforcement. IHS shall be the agent of the City in enforcing applicable
animal provisions of the City's code and applicable animal provisions of Idaho Code, and
Animal Welfare and
Enforcement Agreement p. 2
shall be responsible for selecting and training qualified animal enforcement and
administration officers and employees to carry out these services.
2. Animal Welfare Services. IHS shall provide animal welfare services
within the boundaries of the City, including investigating complaints, responding to calls
for service, patrolling (as time and personnel permit), issuing citations to suspected
violators and following through by appearing to testify in court as appropriate,
apprehending and impounding stray and other animals, picking up dead or injured
animals within the public right-of-way and City limits, and other services as appropriate.
3. Recordkeeping. IHS shall prepare and maintain records regarding the
disposition of impounded animals, consistent with the requirements of applicable City
Code and IHS goals. IHS will account for services under this Agreement separately from
other functions, to the extent administratively feasible, and will provide a reasonable
basis for allocated costs. IHS will make all accounting information and documents
available to the City upon request.
4. Promote Responsible Animal Ownership. IHS shall provide services
designed to support the goal of responsible animal ownership in the City, including but
not limited to public information and education, making recommendations for needed
changes in policies, fees, ordinances, and legislation, and other community animal
welfare matters.
5. Additional Scope of Work. Additional services to be provided by IHS, if
any, are described in the attached Exhibit A, which is incorporated into this Agreement
by this reference.
6. Exceptions to Scope of Work.
a. IHS shall not be required to perform any task or be responsible for
any duty, except as expressly stated herein.
b. The City shall be responsible for arranging and conducting all
hearings under dangerous or vicious dog codes or ordinances.
G. Shelter Facility. The City acknowledges and understands that the ability of IHS
to perforin the Scope of Work is, for the time being, subject to the IHS' lease of its
animal care shelter (the "Shelter"), which is addressed as 4775 Dorman Street in Boise,
Idaho, from Boise City.
H. Additional Responsibilities of City.
1. Legal Support. The City agrees to, and shall, make its legal counsel
available to IHS in connection with legal issues involving, related to, or in furtherance of:
a. Calls for service that are related to animal welfare and enforcement;
Animal Welfare and
Enforcement Agreement
IL 3
b. Enforcing laws and ordinances within City; and/or
c. Any of IHS' responsibilities or tasks contained in the Scope of Work
provided in paragraph F., above, and in Exhibit A.
The Parties agree to execute such further documents and agreements as may be necessary
to effectuate the provisions of this section.
2. Grant of Authority to IHS. The City agrees to, and shall, ensure that it
takes whatever action it deems necessary to grant or delegate authority to IHS to perform
the Scope of Work hereunder.
I. Compliance with Laws. IHS shall comply with all applicable federal, state, and
City laws, regulations, and ordinances in the performance of this Agreement. This
obligation includes timely payment of all taxes and license fees.
J. Indemnification.
1. IHS shall indemnify, save, hold harmless, and defend the City from, for,
and against any and all claims, actions, judgments, damages, injuries to persons or
property, losses, and expenses caused by or arising from the action, or failure to act, of
IHS or its officers, officials, employees, agents, servants, guests, or business invitees, and
not caused by or arising from the action, or failure to act of the City or its officers,
officials, employees, agents, servants, guests, or business invitees.
2. City shall indemnify, save, hold harmless, and defend IHS from, for, and
against any and all claims, actions, judgments, damages, injuries to persons or property,
losses, and expenses caused by or arising from the action, or failure to act, of the City or
its officers, officials, employees, agents, servants, guests, or business invitees, and not
caused by or arising from the action, or failure to act of the IHS or its officers, officials,
employees, agents, servants, guests, or business invitees.
3. City shall indemnify, save, hold harmless, and defend IHS from, for, and
against any and all claims, actions, judgments, damages, injuries to persons or property,
losses, and expenses caused by or arising from any provision of City code that is deemed
unconstitutional or in conflict with state or federal law.
K. Insurance. Each Party shall, at its own expense, procure and maintain insurance
coverage, written by an insurance company or companies with an AM Best rating(s) of A
VIII or better and authorized to business in the state of Idaho, throughout the Term of this
Agreement. Certificates of insurance to evidence the required coverages shall be provided
to:
Idaho Humane Society
ATTN: Chief Executive Officer
4775 Dorman Street
City of Eagle
ATTN: City Clerk/Treasurer
660 E. Civic Lane, P.O. Box 1520
Animal Welfare and
Enforcement Agreement p. 4
Boise, Idaho 83705 Eagle, Idaho 83616
All certificates of insurance shall be signed by an authorized representative of the
issuing insurance carrier and shall state that the issuing company will provide both
Parties with a minimum of thirty (30) days' written notice prior to canceling or reducing
any of the policies or limits required by this Agreement. Renewal certificates or binders
must be provided to the Parties a minimum of five (5) days prior to the effective date of
the renewal. If binders are used, they must be replaced by appropriate insurance
certificates no later than thirty days after the effective date.
The following minimum coverages are required:
1. Worker's Compensation insurance meeting the statutory requirements of
the state of Idaho
2. Employer's Liability insurance in the following minimum amounts:
Bodily Injury by Accident:
Bodily Injury by Disease:
Bodily Injury by Disease:
$100,000 each accident
$500,000 policy limit
$100,000 each employee
3. Commercial General Liability in the following minimum amounts:
General Aggregate: $2,000,000
Product/Completed Operations Aggregate: $2,000,000
Personal & Advertising Injury Liability: $1,000,000
Per Occurrence: $1,000,000
Fire Legal Liability: $ 50,000
4. Business Automobile Liability insurance providing bodily injury and
property damage liability coverage for a minimum of One Million and no/100 Dollars
($1,000,000) (each accident) limit. Business Automobile Liability insurance shall be
written on a standard ISO policy form, or equivalent, providing coverage for liability
arising out of owned, hired, or non -owned vehicles in connection with this Agreement.
L. Termination. This Agreement shall terminate if any one or more of the following
events occur:
1. IHS is dissolved;
2. The City fails to appropriate adequate funds for this Agreement in the City
budget for the future fiscal year, in which case the City shall notify IHS of any non -
appropriation of funds within five (5) business days of such non -appropriation;
3. One Party gives the other Party written notice of termination, which
termination shall be effective on the first day of the calendar month that is at least sixty
(60) calendar days after delivery of such notice of termination; or
Animal Welfare and
Enforcement Agreement
P. 5
4. IHS and the City agree, in writing, to terminate this Agreement.
M. Additional Terms and Conditions. Additional terms and conditions are
contained in the attached Exhibit A, which is incorporated herein by this reference.
N. Integration. This Agreement constitutes the entire agreement of the Parties with
respect to its subject matter, and it supersedes all prior agreements and understandings,
whether written or oral, with respect to its subject matter.
0. Amendment. This Agreement may be amended at any time by mutual agreement
of the City and IHS. To be effective, an amendment must be in writing and signed by the
authorized representatives of both the City and IHS.
P. Interpretation. This Agreement was reviewed by both Parties' legal counsel.
Accordingly, this Agreement shall be interpreted and construed fairly, according to its
plain language, and not for or against either Party, regardless of which Party drafted it or
caused its drafting.
Q. Notices.
1. Any notice required to be given by this Agreement or relating to the subject
matter of this Agreement shall be in writing and addressed as follows:
Idaho Humane Society
ATTN: Executive Director
4775 Dorman Street
Boise, Idaho 83705
City of Eagle
ATTN: City Clerk/Treasurer
660 E. Civic Lane, P.O. Box 1520
Eagle, Idaho 83616
2. Notice shall be deemed given three (3) days after the date it is deposited
with the U.S. Postal Service, Certified Mail, with return receipt requested.
3. A Party may change its notice address by notifying the other Party as
described in this paragraph.
R. Attorney's Fees. In the event of any dispute or litigation arising from this
Agreement or its subject matter, the prevailing party in such dispute or litigation shall be
entitled to recover its costs and reasonable attorneys' fees.
S. Assignment. A Party shall not assign any of its rights or obligations under this
Agreement without first obtaining written consent from the other Party.
T. Choice of Law. This Agreement shall be governed by and construed and enforced
in accordance with the laws of the state of Idaho and the City Code. Venue for any
action brought pursuant to this Agreement shall be in the Fourth Judicial District of the
state of Idaho, in and for Ada County.
Animal Welfare and
Enforcement Agreement p. 6
U. Severabilitv. Any paragraph or provision of this Agreement that is held invalid
by a court of competent jurisdiction shall be stricken, and the remainder of this
Agreement shall continue in full effect.
V. Counterparts. The Parties may execute this Agreement in one or more
counterparts, each of which shall be deemed an original, but all of which together shall be
deemed on and the same instrument.
W. Authority. By his or her signature, below, the person executing this Agreement
on behalf of a Party warrants that he or she has authority to sign on behalf of that Party.
IN WITNESS WHEREOF, the authorized agent or representatives of the City
and IHS executed this Agreement, the date first written.
FOR THE CITY: FOR IHS:
The City of Eagle, Idaho. The Idaho Humane Society, Incorporated.
6y:
By:
Print Name: ' ?"--0 Print Name:
Its: Yt ai%�/`� Its:
1
Date:
ATTEST:
/-� —LO,C7
City Clerk/Treasurer
' 3
C- - 1d P Ch 141"f 4.
Animal Welfare and
Enforcement Agreement
Date:
P. 7
U. Severability. Any paragraph or provision of this Agreement that is held invalid
by a court of competent jurisdiction shall be stricken, and the remainder of thi,
Agreement shall continue in full effect.
V. Counterparts. The Parties may execute this Agreement in one or more
counterparts, each of which shall be deemed an original, but all of which together shall be
deemed on and the same instrument.
W. Authority. By his or her signature, below, the person executing this Agreement
on behalf of a Party warrants that he or she has authority to sign on behalf of that Party.
IN WITNESS WHEREOF, the authorized agent or representatives of the Cit\
and 1I -IS executed this Agreement, the date first written.
FOR THE CITY: FOR IHS:
The City of Eagle, Idaho. The Idaho Humane Society, Incorporated.
By: r 721 By:
Print Name: S%,Y AI 92�� Print Name: sc_____o5_QA t� I
Its: t(�tl� Its: r ��
Date: // /- —LO/c? Date: r 3 ' f
ATI EST: -" z
ty Clerk/Treasurer
1( 5e e i•v.,-- --to £c '41 /.
Animal Welfare and
Enforcement Agreement
EXHIBIT A
Additional Terms and Conditions
The following additional terms and conditions expressly are made a part of this
Agreement:
A. Representatives. For purposes of this Agreement:
1. IHS designates its Chief Executive Officer and its Chief Financial Officer
as its representatives. All contacts related to this Agreement shall be made through IHS'
representatives, its Chief Executive Officer and its Chief Financial Officer.
2. Eagle City's Mayorts,t the City Clerk / Treasurer's Office as the
City's staff representative for administering the provisions of this Agreement. Other
authorized individuals may represent the City upon submittal of notice by the Mayor to
IHS. �� �'� / - 2 -19
Animal Welfare and
Enforcement Agreement EXHIBIT A
Idaho Statesman
The New.P.V•• 01 th• 7••w•or• V•11•y
WANDS MAN COM
PO Box 40, Boise, ID 83707-0040
Accuuni #
2r,3B::
Ad Number
00040 1123
Attention: Tracy Osborn
CITY OF EAGLE / LEGALS
PO BOX 152D
EAGLE, ID 83616
DATE ... ... .
TO
PUBLISH ON ..
LEGAL PROOF OF PUBLICATION
Ide-,tlieetion PO
CITY OF EAGLE 660 E 6 53-13 1A
er FILED
jT�Y� F E G LE
FEB 2 6 2019
File: --_..,_ —...,_..
Rnistotom .,.
CITY OF EAGLE
660 E Civic La., Eagle, ID 83616
Phone #- (208) 939.6813 Fax #. (2.08) 939-6827
January 31, 2019
The Idaho Statesman
February 12th and February 19th. 2019
PUBLIC HEARING
CITY OF EAGLE
In accordance with Idaho State Cade 63-1311A legal notice is hereby given that the EAGLE CITY COUN-
CIL will hold a public hearing on February 26, at 6:00 P M. at Eagle City Hat, 660 E Civic Lane, Eagle,
Idaho. The purpose of the hearing is to consider adopting a new fee schedule associated with Communi-
ty event applications The proposed fee schedule is as follows.
Description Period Fee
Application Fee One Time $100
Damage Deposit (Events over 1000) Refundable S250
Park Sites
Stephen C Guerber (Entire) Daily $375
Stephen C Guerber (Entire) 4 Hr Time Block S300
Stephen C Guerber (Shelter) 4 Hr Time Block 3150
Stephen C Guerber (Field) (Special Events Only) 4 Hr Time Block 375
Reid W Merrill (Entire)Daily $300
Reid W Merrill (Entirel4 Hr Time Block $225
Reid W Merrill (Shelter) 4 Hr Time Block 5150
Reid W merriii (Field) 4 Nr Time Block 315
Ada/Eagle Sports Complex (Zone 1) Daily $500
Ada/Eagle Sports Complex (Zone 2) Daily $400
Ada/Eagle Sports Complex (Zone 3) Daily 5350
Ada/Eagle Sports Complex (Zone 2) 4 Hr Time Block $300
Ada/Eagle Sports Complex (Zone 3) 4 Hr Time Block 5275
Ada/Eagle Sports Complex (Shelter) 4 Hr Time Block $150
Various Neighborhood Park 4 Hr Time Block $75
Permits
Open Container Permit Daily $20
Catering Permit Daily 320
Noise Waiver (After 10 PM) Daily No Charge
Public testimony is encouraged at the public hearing. WRITTEN COMMENTS must be submitted no Tess
than five (5) working days prior to the dayon which the public hearing is scheduled, to Eagle City Hall
660 E. Civic Lane Eagle, Idaho 83616. ualified individuals who need accessible communication aids
and services or other accommodations to participate in programs and activities are invited to make
your needs and preferences know to the 504/ADA Coordinator (Eagle City Clerk). 208-939-6813.
Please allow three to five days advanced notice so that your needs may be adequately met.
Tracy E. Osborn, CMC
Sr. Deputy Clerk/Treasurer
0004071123-01
Amount I Cols
5254 53
53 I
VICTORIA RODELA being duly sworn
deposes and says That she is the
Principal Clerk of The Idaho
Statesman, a daily newspaper printed
and published at Boise Ada County,
State of Idaho and having a
general circulation therein and whicl•
said newspaoer has been
continuously and uninterruptedly
published u1 said County during a
period of twelve consecutive months
prior to the first publication of the
notice a copy of which is attached
hereto that said notice was published
in The Idaho Statesman in conformity
with Section 60-108 Idaho Code as
amended for
2 Insertions
Beginning issue of 02/12/2019
Ending issue of 02/1 912 01 9
(Legals Clerk)
STATE OF IDAHO )
SS
COUNTY OF ADA
On this 19th day of February in the
year of 2019 before me a Notary
Public personally appeared before
me Victoria Rodela known or
identified to me to be the person
whose name Subscribed to the within
instrument. and being by first duly
sworn. declared that the statements
therein are true and acknowledgeo to
me `- : t she executed the same