Loading...
HomeMy WebLinkAbout07-68 FEBRUARY 13, 2007 07 -68 RESOLUTION (CARRIED 5-1 P LOST LAID OVER WITHDRAWN PURPOSE: APPROVE ANIMAL SHELTER CONTRACT INITIATED BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Purchase of Services Agreement with Oshkosh Area Humane Society, Inc. is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Acct. No.1 00-0214-6430-00000 - Animal Care PURCHASEOFSERWCESAGREEMENT I. PARTIES AND TERM. This agreement is made between the City of Oshkosh, a municipal corporation, located in Winnebago County, Wisconsin ("CITY") and the Oshkosh Area Humane Society, Inc. a Wisconsin not for profit corporation ('OARS"). The term of this agreement is February 1,2007 to January 31,2009. II. OARS RESPONSmILITES. A. OARS shall maintain suitable public hours at the animal shelter for the convenience of the public and for the purpose of transacting business in connection with the duties under this contract and for the purpose of receiving animals or for accepting applications for the redemption of impounded animals. B. OARS shall hire a manager on a full-time basis to manage the Oshkosh Animal Shelter and such support staff as may be necessary in order to maintain the premises. OARS, its officers, employees, agents and volunteers, shall act in an independent capacity during the term of this agreement and not as officers, employees, agents or volunteers of the CITY. OARS shall procure and maintain during the term of this agreement, Workers' Compensation Insurance prescribed by the laws of the State of Wisconsin. C. OARS shall maintain the following services on a twenty-four (24) hour basis: 1. Retrieve and transport animals upon the request of the Oshkosh Police Department. OARS will only respond if request is authorized by the Shift Commander. In addition OARS shall maintain the following services during its normal business hours which are Monday, Tuesday, Wednesday, Thursday, Friday from 8:00AM to 6:00PM, Saturday 8:00AM to 3:00PM, Sunday and holidays excepted: 1. Pick up stray animals. 2. Redemptions by public only during business hours. 3. Respond to citizen questions and complaints and involve the Oshkosh Police Department and/or Health Services Division as appropriate. 4. Schedule and receive owner surrendered animals. D. OARS shall have the sole responsibility and authority for the care, treatment, and adoption of retrieved, surrendered or impounded domestic animals within the laws of the State of Wisconsin and the City of Oshkosh. Domestic animals shall include all animals or fowl permitted in the City under the provisions of Chapter 6 of the Municipal Code. In addition OARS and the City will work together to find alternative impoundment facilities appropriate for the particular animal. E. OARS shall have the discretion to set and establish non-monetary criteria for the adoption, retrieval, redemption, and impoundment of domestic shelter animals. This criteria may be subject to modification or change. F. All stray dogs and cats received by OARS shall be held a minimum of seven (7) days unless claimed by the owner or owner's agent. OARS shall be entitled to charge the owner of said animal a reasonable fee for housing such animal. G. During business hours, OARS shall cooperate with the police when impoundment is necessary because of excessive barking or other violation or nuisances, and shall assist with other complaints as requested and in cooperation with the City of Oshkosh Police Department and Health Services Division. H. OARS shall issue dog and cat licenses for animals adopted or redeemed at the shelter facility for the appropriate fee and the convenience of pet owners and shall provide the CITY with monthly remittances of original copies of the licenses issued, income from the licenses, and monthly reports detailing the number and type of retrievals. OARS shall also provide the CITY on a monthly basis a list of the licenses, by number, including the amount and type of license. I. OARS shall determine which domestic animals retrieved and impounded by OARS shall be humanely euthanized, and only authorized OARS personnel or a licensed veterinarian may so euthanize a shelter animal. OARS shall dispose of euthanized or deceased animals in a sanitary and humane manner. 1. OARS shall cooperate with CITY's Health Division and Police Department in the impoundment of animals which have bitten a member of the public. Animals impounded at the Shelter facility will be quarantined for a minimum ofa ten (10) day period in accordance with the State Rabies Control Program 95.21 Wis. Stats. In such cases OARS shall arrange for three examinations by a licensed veterinarian, and shall be entitled to charge its standard rates for such services. The animal's owner shall be responsible for the costs and expenses of impoundment. K. OARS shall arrange for rabies specimens in cooperation with CITY's Health Division when necessary in accordance with the State Rabies Control Program 95.21 Wis. Stats. L. OARS at their discretion shall arrange for the transport or euthanasia of injured or retrieved wildlife during business hours. OARS will not provide capture services for such animals. III. FEES. The CITY shall pay to OARS a yearly fee of $70,626.00. This will be paid on a monthly basis. Yearly charges under this agreement shall not exceed seventy thousand six hundred twenty-six dollars ($70,626.00) in the aggregate. This amount shall be increased on February 1 of each year of this contract by 2:5%. In the event that the animal is claimed by owner, OARS shall require a dog or cat license and proof that the animal is currently immunized against rabies or presentation of a pre-paid receipt from a veterinary clinic before release of an animal to its owner. OARS shall cooperate with the Oshkosh Police Department when impoundment is necessary due to charges referred and/or pending through the District Attorney's office. The City Attorney's office agrees to act in a reasonable time and manner on behalf of the OARS in all cases that are referred and/or pending through the District Attorneys office to gamer bonding or other payment by the owner pursuant to Wisconsin State Statute 173. OARS shall maintain documentation on each animal retrieved or impounded under the terms of this agreement. Such records shall include all pertinent information relative to the animal, including but not limited to: type of animal, retrieval location, disposition of the animal, fees collected from the animal's owner, fees collected from any other person for the animal. The following additional income designated for operation of the Oshkosh Animal Shelter shall be distributed to OARS for its operations: A. That portion of the licensing fee for dogs and cats collected by the CITY that remains with the CITY. Such amount shall be remitted within thirty (30) days of reconciliation. This amount does not include any amount currently reimbursed from Winnebago County and designated for the Police Pension fund or the Sundry Revenue Account. , , All funds received by the CITY from any third party for the benefit of the Oshkosh Animal Shelter shall be administered by the City of Oshkosh consistent with the obligations of law and the wishes of the donor, if specified. IV. PHONE LINES. OARS shall have authorized use of Centrex lines for phone service as such service may be available through the CITY. OARS shall be billed for the actual costs of such service. V. VEmCLE The 1993 GMC Sonoma 4x4 pick-up truck which is titled in the name of the City of Oshkosh and is currently being used by OARS shall be transferred to OARS. The City of Oshkosh shall have no responsibility for the care, maintenance or replacement of such vehicle. OARS shall be authorized to use the CITY pumps for fueling purposes and will be billed the actual cost for fuel on a monthly basis. VI. RIGHT TO CONTRACT. OARS shall have the exclusive right to contract with surrounding municipalities for retrieval, redemption, and impoundment services that may be needed by such municipalities for a fee. OARS has the absolute discretion to determine, set and establish such fees and all fees so collected shall inure to the benefit of OARS alone. VII. EARLY TERMINATION. OARS and the CITY shall have the right to terminate this agreement without cause upon 60 days prior written notice to the other party. In the event either party has good cause for termination, the termination shall take place after either party has the opportunity to cure any deficiency within fifteen (15) calendar days of written notice thereof. If such deficiency is not cured within those fifteen (15) days, this agreement may be terminated on written notice from either party to the other. Good cause shall be established by a breach of the terms of this agreement. VIII. RENEGOTIATION. This contract or any part thereof must be renegotiated in the case of: 1. Changes required by F ederallaw or regulations, state law or regulations, or court action; 2. A substantial, significant, burdensome and unforeseen circumstantial change that would create a significant and substantial hardship for either party if the terms of this agreement were enforced as written, or would detrimentally affect the welfare of the animals at the Shelter or the law enforcement responsibilities of the CITY. IX. MISCELLANEOUS PROVISIONS. A. Nothing contained in this agreement shall constitute or be construed a partnership or a joint venture among the parties. B. This agreement cannot be changed or modified except in writing and signed by the duly authorized agents of the parties. C. Headings contained in this agreement are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this agreement. D. Notwithstanding any provisions to the contrary, it is agreed that none of the obligations contained in this agreement shall run to or be enforceable by any party other than the party to this agreement. E. This agreement constitutes all of the agreements and understandings of whatever nature or kind existing between the parties with respect to the subject matter hereof. F. If any term, covenant, condition or provision of this agreement shall be invalid or enforceable, the remainder of this agreement shall not be affected thereby, and each term, covenant, condition and provision shall be valid and be enforceable to the fullest extent permitted by law. G. Failure of either party to insist upon the strict performance of terms and provisions of this agreement, or any of them, shall not constitute or be construed as a waiver or relinquishment of that party's right to thereafter enforce such term or provision, and that term of provisions shall continue in full force and effect. H. Any dispute between the parties shall be settled by arbitration under Wisconsin Statute 788 at a hearing to be held in Oshkosh, Wisconsin. IN WITNESS WHEREOF, the parties hereto have executed or caused this agreement to be executed by their duly authorized officers on the date first written above. CITY OF OSHKOSH By: Richard A. W ollangk, City Manager Pam Uhrig, City Clerk Edward Nokes, Director of Finance Approved by: Lynn A. Lorenson, Asst. City Attorney OSHKOSH AREA HUMANE SOCIETY, INC. -- resident