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HomeMy WebLinkAboutReso 94-009 - Approve & Authorize the CM to sign the animal regulation & shelter agreement between the COR & Haven Humane Society, Inc Effective 01/01/94 i RESOLUTION NO. 94-� I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE ANIMAL REGULATION AND SHELTER AGREEMENT BETWEEN THE CITY OF REDDING AND HAVEN HUMANE SOCIETY, INC. , EFFECTIVE JANUARY 1, 1994. I i IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves the Animal Regulation and Shelter Agreement between the City of Redding and Haven Humane Society, Inc. , a true copy of which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Manager of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the City Manager and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 18th day of January, 1994, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Dahl, Moss and. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kehoe and Arness ABSTAIN: COUNCIL MEMBERS: None ROBERT C. ANDERSON, Vice Mayor City of Redding ATTEST: FORM APPROVED: CONNIE STROHMAYER, aty Clerk ALL A. HAY , City Attorney i I ANIMAL REGULATION AND SHELTER AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , by and between the CITY OF REDDING, a Municipal Corporation and General Law City, hereinafter referred to as "City, " and the Haven Humane Society, Inc. , a non-profit corporation duly organized and existing under and by virtue of the laws of the State of California, hereinafter referred to as "Society. " WITNESSETH WHEREAS, the City Council of the City of Redding is empowered by the State of California to appropriate and expend money from City funds for Animal Regulation in the Redding area; and WHEREAS, the City desires to provide Animal Regulation Services within the incorporated areas of Redding for the purpose of enforcing the provisions of Title 7 of the Redding Municipal Code and applicable sections of the California Government Code, California Food and Agriculture Code, California Health and Safety Code and the California Penal Code as it pertains to animals as herein described; and WHEREAS, Society represents itself as willing and able to provide the services required by the City to carry out the provisions of the aforesaid laws and City Ordinances pertaining to 1 the regulation of animals covered by said Ordinance; and WHEREAS, Society has performed and shall continue to perforn its regular functions of prevention of cruelty to animals (a' contemplated by Civil Code Sections 607 (e) et seq. ) , protection of them from suffering and fear and promoting their welfare by the following means among others : a) By education of the public on matters concerning the needs and care of animals . I b) By the investigation of alleged cases of abuse i or neglect of animals and their prosecution when necessary; C) By rehabilitation of homeless or unwanted animals through supervised adoption placement; d) By the promotion of neutering to reduce the overpopulation of dogs and cats . These functions are apart from and separate from the functions the Society shall perform under this Agreement except where sucr functions may overlap or may for convenience be joined. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows : 1 . TERM: This Agreement shall take effect on January 1, 1994 . It shall remain in full force and effect for a five and one-half year period ending June 30, 1999 . There shall be an option tc renew this Agreement for an additional period of five years, whicr 2 option shall be exercised by mutual notice of intention to exercise option for the additional five year term being sent by registered mail by each to the other party, at least sixty days prior to the date of termination hereunder. I 2 . AREA OF OPERATIONS : The area covered by this Agreement in which the Society shall provide its services, as required by the terms and conditions of this Agreement, shall be limited to the incorporated areas of the City of Redding, it being understood and agreed that this Agreement does not obligate the Society to perform any functions or services for other incorporated cities or within the unincorporated areas of Shasta County. However, it is understood and agreed that the Society may enter into independent agreements which shall not in any manner vitiate or interfere with the Agreement, nor shall there be any monetary deductions under this Agreement, by reason of any sums received by the Society for the functions and services rendered under any of said agreements . 3 . ANIMAL REGULATION: a) Society agrees to enforce the provisions of Title 7 of the Redding Municipal Code and other applicable state and/or federal laws relating to animal regulation. Society further agrees to perform the work set forth in the Scope of Service attached hereto (see Exhibit "A" attached) . 3 I 0 it 4 . ANIMAL SHELTER: a) Society will maintain and operate ar animal shelter in a secure and sanitary manner adequate for the confinement, care, and disposal of all animals which may bE delivered to it by duly authorized animal control officers, as hereinafter provided. The animal shelter shall be operated it Shasta County, California. b) Society will maintain an isolated sectior of the shelter facility for the confinement, observation and carE of any animal suspected of rabies, or any animal which has bitter or otherwise exposed any person, pursuant to the California Healtr and Safety Code, and in accordance with instructions of the Shasta County Health Department, subject to fees for services as may bE established by the Society or City. Pursuant to their responsibilities for rabies control, the County Health Department' s authorized representative shall be afforded access to the facility+ for the examination of any animals impounded therein, which arE suspected of having rabies, or which have bitten or exposed any person. Any such animal so confined, shall not be released without express approval of the County Health Department ' s authorizes ! representative. The Society may charge the animal owner ar i isolation board fee for these services to cover shelter expenses . c) The Society may, at its discretion, alloy responsible animal owners to isolate such animals rather thar confine them at the Society shelter facility. 4 i I i , 5 . COLLECTION OF FEES : a) Before delivering an impounded animal tc its owner the Society will : 1 . Satisfy itself as to the owner' s identity. 2 . Collect and provide a receipt fox the redemption and maintenance fees as prescribed by City Ordinance. b) A dog which is impounded pursuant to this Agreement and is without a current dog license (and therefore is also presumed to be without an effective anti-rabies vaccination) shall not be released to any person including the owner thereof residing in the City of Redding except pursuant to City Policy, City Ordinance and/or State Law. c) Not later than the fifteenth working day of each month, Society will deliver to the City Treasurer all city license, redemption and maintenance fees actually collected during the prior month pursuant to this Agreement. Society shall account i for same to City monthly in a report, in a form furnished by the City Treasurer. Notwithstanding Section 5(a) (2) above, if, in the best judgement of the Society, the collection of fees would create a danger to Society staff or give rise to an office incident by I hostile and unreasonable individuals, said fees will be determined to be "non-collectable. " Society will provide information regarding non-collectable fees to City for disposition according to City policy. Society will keep a timely, complete and accurate set of books showing the revenues, expenses, and related financial 5 I I transactions pertinent to the operation of animal regulation services . Such records and accounts will be made available at Society' s premises for examination at all reasonable times by authorized representatives of the City. Nothing in this Agreement i is intended, or shall be construed to prevent Society from soliciting or accepting donations from any person or organization toward defraying the costs of Society' s charitable activities . 6 . INDEMNIFICATION AND INSURANCE: a The Society does hereby agree to hold the i City, its officers , agents, and employees, harmless from any and all actions, causes of action, claims, demands, damages , costs, loss of services, expenses, and compensation, on account of or in any way arising out of City's expenditure of said funds to the Society for Animal Regulation Services outlined above. b) This Agreement is granted upon the express I condition that City shall be free from any and all liability and claims for- damages for personal injury, death, property damage in iany way connected with the Society' s services to be performed hereunder, including claims of Society, its officers, agents, employees and members . The Society shall indemnify and save I harmless City, its officers, agents, and employees, from any and all liability, loss, cost or obligation on account of or arising out of any such injury, death or loss caused by the negligence or other legal fault of the Society or its officers, agents, employees and members . c) It is understood and agreed as a condition I 6 i of this Agreement that the Society shall, at its own expense and at all times during the term of this Agreement, obtain from a companj authorized to do business in the State of California and keep it 1 full force and effect public liability insurance as follows : i General Liability -- $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance is used, the general aggregatE limit shall be twice the required occurrence limit. Automobile Liability -- $1, 000, 000 per accident for bodily injury and property damage. Employer's Liability -- $1,000, 000 per accident for bodily injury or disease. Said policies shall name City, its officers, agents and employees, as additional insured, and shall further contain a provision ' obligating the insurance carrier to notify City in writing at least ten ( 10) days prior to any cancellation or reduction of such insurance. A Certificate of Insurance evidencing such coverage and notice requirement shall be approved by the Risk Manager of City I and filed with him prior to the commencement of this Agreement. d) It is further understood and agreed as a i i condition of this Agreement that the Society will provide workers ' compensation insurance on its employees, and furnish the Risk Manager of City with a Certificate evidencing such insurance, to be approved by him, prior to the commencement of this Agreement. Said Certificate shall contain a provision obligating the insurance carrier to notify City in writing at least ten ( 10) days prior tc any cancellation or reduction of such insurance. 7 w • To obtain an exemption from this requirement should the Society have no employees, the Society shall provide the Risk Manager of City with a letter stating that it is not employing any person or persons in any manner so as to become subject to the workers ' compensation laws of California provided, however, that should the Society later become subject to the workers ' compensation provisions of the Labor Code, it will forthwith comply with the insurance requirements set forth above. 7 . PAYMENT: a) In consideration of the agreements and undertakings to be performed by Society, City agrees to pay the Society two hundred ninety thousand five hundred dollars ( $290,500 . 00) per year to be paid in twelve ( 12) monthly installments on the 15th of each month for services rendered in the previous month. b) In addition, the service payments shall be adjusted annually, commencing January 1, 1995, by the United States Bureau of Labor Statistics National Consumer Price Index (CPI) for the San Francisco/Oakland area, based on the September CPI index. C) In the event that compliance with subsequent statutes, ordinances, and/or rules and regulations results in changes in operating costs, or in the event that increased services are required due to population growth or significant growth in the number of stray animals, the parties 8 i hereto agree to negotiate this contract so that the compensation herein shall reflect such change. 8. NOTICES : In addition to all other notices provided for I herein, City agrees that it shall give Society written notice of any ordinances, resolutions or any regulation changes contemplated by it relating to any matters affecting Society' s performance I ! and/or functions under the terms and conditions of this Agreement. Written notices to the City shall be given by registered or certified mail, postage prepaid, and addressed to: City Manager City of Redding P.O. Box 496071 Redding, Ca. 96049-6071 j Written notices to the Society shall be given by registered or certified mail, postage prepaid, and addressed to: Executive Director Haven Humane Society P.O. Box 992202 Redding, Ca. 96099-2202 9 . ENABLING ACTS: City agrees that it shall enact or modify all necessary and reasonable ordinances, resolutions and/or regulations to enable Society to validly carry out all of its performances and 9 functions under the terms and conditions of the Agreement and incidental thereto. 10. AMENDMENT• This Agreement may be modified and amended at any time during its term, or any extension( s) thereof, by written mutual agreement of the parties . 11 . SOCIETY INDEPENDENT CONTRACTOR: i Nothing in this Agreement shall be deemed or construed to create or constitute a partnership or joint venture or an agency relationship between the parties hereto. Further, Society is with respect to City, its officers, agents and employees, an independent contractor and not an officer, agent or employee of the City or any of its officers, agents or employees . 12 . TERMINATION: i In the event the Society or City violates the provisions of this Agreement for any reason other than the occurrence of circumstances over which it can exercise no effective control, and such violation shall not be cured or remedied within sixty ( 60) days after notice thereof by the Society or City, in addition to any other remedies provided for in the Agreement, the Society or City shall have the right to terminate this Agreement by written notice duly served upon the Society or City. 13 . It has been determined that this matter is not subject to 10 i • the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF REDDING BY: ROBERT M. CHRISTOFFERSON CITY MANAGER HAVEN HUMANE SOCIETY BY: BY: ATTEST: CONNIE STROHMAYER, CITY CLERK RANDALL A. HAYS, CITY ATTORNEY I I i I 11 ATTACHMENT "A" SCOPE OF SERVICE 1 . The Society shall enforce the provisions of Title 7 of the Redding Municipal Code, as well as all state and federal laws which affect animal regulation within the city limits of the City of Redding.' 2 . The Society shall attempt to prevent and eliminate the cruel treatment of animals . 3 . The Society shall respond to each request for service in a prompt and courteous fashion. The Society shall determine if the request for service is within the scope of this Agreement. If it is, the Society shall classify the request for service as a "non-emergency" or "emergency" request. The request for service shall be deemed an emergency request if human or animal safety is threatened. All other requests for service which are not classified as an emergency request shall be deemed to be a non-emergency request. The Society shall attempt to respond on site to emergency requests within twenty (20) minutes during normal business hours, and within forty (40) minutes outside normal business hours . I The Society shall attempt to respond to non-emergency requests within one ( 1) hour during normal business hours . The Society is not required to respond to non-emergency requests for service outside normal business hours, but must log the request and respond the next day during normal business hours . Non-emergency requests include, but are not limited to, barking dogs, stray animals, nuisance complaints, and other violations of Title 7 of the Redding Municipal Code which do not pose an immediate threat to human or animal safety. 4 . The Society shall provide shelter services for all impounded animals and shall properly dispose of dead animals as required. 5 . The Society shall maintain a sanitary, secure, and humane shelter for all impounded animals . 6 . The Society shall retain each impounded animal for a minimum of five (5) days before destroying the animal . (Society shall retain animals for a longer period of time if required to do so by federal, state or local laws) . Society shall make every effort possible to contact the owner of the animal before destroying the animal . Notwithstanding the paragraph above, the disposition of ill and injured animals of unknown ownership may be made pursuant to the provisions of Section 597 ( f) of the California Penal i Scope of Service Page 2 Code . 7 . Normal business hours for the animal shelter shall include, at a minimum, a period of eight hours each day, five days per week, one of which must be a Saturday, but need not include holidays observed by the City. The Society and the City shall mutually decide on appropriate beginning and ending times . 8 . Normal business hours for other animal regulation services shall include, at a minimum, a period of eight hours each day, seven days per week. The Society and the City shall mutually agree on appropriate beginning and ending times . 9 . The Society shall maintain a place of business which is within ten ( 10) miles of the City of Redding city limits and which can be easily accessed by the public . The Society shall also establish and maintain a telephone number for the public to call and request service. 10 . The Society shall maintain a set of records regarding daily activities (e.g. , number of calls received, number of animals impounded, and so forth) . The Society and the City shall mutually agree on the content of these records . i 11 . The Society shall be responsible for providing all personnel and materials required to perform this Agreement, including, but not limited to, patrol personnel, shelter personnel, dispatch personnel, office personnel, vehicles, equipment, cages, uniforms, and other operating materials and supplies .