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HomeMy WebLinkAbout11-90 RESOLUTION• RESOLUTION NO. 11-90 A RESOLUTTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A THREE YEAR CONTRACT WITH THE HUMANE SOCIETY FOR OPERATION OF THE ANIMAL SHELTER. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerx are hereby autncrized and directed to execute a three year contract with the Humane Society to operate the City's animal shelter. A copy of r.he contract authorized for execution hereby_ is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 16th day of January ATTEST: By City CWerk , 1990. CONTRACT FOR SERVICES THIS AGREEMENT is made and entered into this// fj day of T •Ju �/ , 19,0 by and between the City of 'aye teville, a municipal corporation of the State of Arkansas (hereafter City), and the Fayetteville Humane Society, Inc. (hereafter Soci- ety) for operation of the City of Fayetteville Animal Shelter (hereafter Shelter) and enforcement of the animal control ordi- nances of the City. I. Purpose The purpose of this contract is to establish the terms and conditions, duration and funding for services by which the Society shall operate the Shelter and shall enforce the animal control ordinances of the City. II. Contract Period This contract shall commence on January 1, 1990 and shall terminate on December 31, 1992, unless there is earlier termina- tion pursuant to paragraph V of this contract. III. Funding A. Subject to the terms and conditions set forth in this contract, the City hereby agrees to pay the Society the total sum of fifteen thousand three hundred and seventy five dollars ($15,375.00) to be paid in twelve (12) equal installments, each installment to be paid by the twelfth day of each month. This amount will be renegotiated within 60 days of completion of the new animal shelter and at the last Fayetteville City Board Meet- ing of each calendar year for the life of this contract. B. Animal license fees required by City ordinance regard- less of where collected, and surrendered animal donations, impoundment fees, boarding fees, adoption fees, and such other fees and donations as are received at the Shelter and profits realized by any sales through the Shelter shall be used by the Society solely for performance of this contract. License fees collected by the City shall be remitted by the twelfth day of each month. C. Funds remaining in the animal shelter operating account on January 1 of each year shall be made available for the follow- ing year's operations. • .4 • • D . The Society shall furnish a surety bond in the sum of twenty-five thousand dollars ($25,000) conditioned upon the proper performance of the terms of this contract relating to funding and licensing fees. It is specifically agreed that bond- ing expenses may be charged against the Shelter operating funds. E . The City shall allow to the Society the use of two (2) appropriate and properly equipped vehicles for use in the patrol of the City. The City shall maintain these vehicles, provide routine servicing of them, maintain radio communication equipment installed in them, and shall maintain liability insurance cover- age. F. Fees for insurance for coverage of the shelter workers hired by the Society and to provide indemnity coverage for the Society's Board of Directors in the pursuance of this contract, may be charged to the Shelter's operating account. G . The Society commits to pursue "fair share" funding. Fair share funding shall be defined as contributions to the Shelter operating budget based upon the percentage of use by the City of Fayetteville and other municipalities or organizations. H . The Society shall protect the City of Fayetteville from operating costs incurred as a result of legal proceedings or the seizure of animals by other municipalities where the City of Fayetteville is not a party to the proceedings or seizure. IV. Services A. The Society shall issue, or cause to be issued, animal licenses and shall collect, or cause to be collected, animal license fees and related assessments required by the Fayetteville Code of ordinances (hereafter City Code). The Society may dele- gate such issuances and collections to licensed veterinarians and may pay participating veterinarians at the rate of twenty-five cents ($0.25) on licenses of one and two dollars ($1.00 and $2.00) and fifty cents ($.50) on licenses of three and four dol- lars ($3.00 and $4.00) for their services. The Society shall provide tags and record forms. The Society shall maintain files and records of all licenses issued and record all fees paid to veterinarians. Changes in fees due to changes in City ordinance shall automatically apply to this contract. B . The Society shall enforce all animal related ordinances of the City, those initially in effect and those that may be adopted during the contract period. In performing this responsi- bility, the Society shall provide patrol response to the limit of available resources but, with the exception of holidays, not less than from 8:00 am until 8:00 pm Monday through Friday, and 8:00 am through 1:00 pm on Saturdays. Additionally, the Society shall provide emergency response upon need as determined by the Society. • • C. The operation of the Shelter by the Society shall conform to the guidelines of the Humane Society of the United States (attachment A). The Society shall operate the shelter for ani- mals originating in the City and is authorized to provide the same services for such additional animals as may be appropriately accommodated. The Society shall work on a regular basis to obtain from Washington County and the incorporated cities within the county, a reasonable rate of support to cover the expenses of housing and caring for animals from these areas. With the excep- tion of holidays, the Shelter shall be open to the public the maximum number of hours permitted by resources available but, in any case, not less than from 10:00 am until 5:00 pm Mondays through Fridays and from 10:00 am until 1:00 pm on Saturdays. D . The Society shall maintain a program of public informa- tion dissemination regarding all aspects of animal care including responsible animal ownership. Such information shall contin- uously be made available to the community as a whole and shall acknowledge the City's funding of this contract. V. Termination A. The City may terminate this contract at any time. B . The Society may terminate this contract at any time. C. The terminating party shall give written notice of ter- mination by certified mail. Termination shall become effective thirty (30) days after receipt of the written notice. D. In the event of termination by the City, the City shall pay the Society all documented, authorized expenditures incurred by the Society, from the commencement date of this contract to the date of termination. The payment of such expenditures shall not exceed the total sum due the Society under this contract, including previously made contract expenditures. E . In the event of termination by the Society, the Society shall deliver to the City all funds paid to it and amounts col- lected which have not been expended pursuant to the contract, including monthly payments, animal fees, and animal licenses. Re cords shall be subject to immediate audit. VI. Independent Contractor A. It is specifically agreed between the parties to this contract that it is not intended by any of the provisions or any part of this contract to create in the public or any member thereof or any individual employee of the Society, a third -party beneficiary hereunder, or to authorize anyone not a party to this contract including any employees of the Society to maintain a suit for personal injuries or property damage pursuant to the terms and provisions of this contract. By executing this con- • '4 1 tract, the City does not waive its statutory tort immunity. B. In the performance of its obligations under this con- tract and in fulfillment of the performance standards referred to in IV. C, above, it is understood and agreed that the Society is at all times acting and performing as an independent contractor and shall be accorded corresponding freedom in the performance of its obligations. The Society agrees to be responsible for and to protect, save harmless, and indemnify the City from and against any losses, claims, demands, damages, injuries, death, or expenses of whatsoever kind and nature which shall occur during the term of this contract by virtue of the Society's obligations and performance under this contract. VII. Personnel A. The City shall provide, pay, maintain records on, and submit required reports for: i. A Shelter Director to be responsible for all Shel- ter and patrol operations. ii. A Shelter Operator to be responsible for routine contacts with the public, maintenance of Shelter records, telephone answering, dispatching of Animal Ser- vices Officers, and general maintenance of the office operations. iii. Two Animal Services Officers for operation of the patrol and such other appropriate duties as may be assigned by the Shelter Director. B. The Shelter Operator and the Animal Services Officers shall be under the supervision of, and report to, the Shelter Director. C. While the above personnel are employees of the City and shall be employed, terminated and evaluated in accordance with City procedures, the Society will function as the their day-to- day supervisor. The Society's designated representative shall be able to review the records and interviews of applicants for these positions through the City's Personnel Office and shall be able to record comments on potential applicants and have these com- ments entered into the Job Opening File including a recommend- ation for discharge. Further, the Society shall be permitted to record evaluative comments upon the performance of these person- nel during their employment period through the Personnel Office. The Society as shelter operator shall also have the right to review and reject any candidate for any position as well as the right to recommend individuals for these positions. Any evalu- ative comments on applicants or on job performance of employees shall be submitted to and reviewed by the City's Personnel Offi- cer and/or City Manager. • 4 • • • • D. The Society may supplement the above staff at the Shel- ter, not to include the patrol operation, with part time and/or full time employees, volunteers, or individuals ordered by the Fayetteville Municipal Court to perform public service. All such personnel shall be under the supervision of, and to report to, the Shelter Director. All records and payments to time employees shall be the responsibility of the Society. VIII. Records A. The Society shall provide the City with monitoring data on a monthly form mutually agreed to by the City and the Society. These data shall compare actual performance against projected results. Such information shall include a record relating to finances, training, services provided, a tabulation of animal licenses sold, a narrative report of the past month's activities, and a summary of future plans. B . The Society shall set up an account or accounts separate from its other operations such that full accountability is main- tained of all funds received and dispersed for the Shelter and the Patrol operations. C. On or before February 28 of the following year, the Society will, cause an independent financial audit to be made of the shelter and patrol operations. Report of said audit will be furnished to the City immediately upon completion thereof. Expenses incurred by the Society as a result of this requirement may be charged against shelter operating funds. D . The Society's Federal Identification Number is 71-0401481. By Wi am V. Mar in ayor B a By Will' LtdtrL,.� William M. Griggs P ri• CITY OF FAYETTEVILLE Attest FAYETTEVILLE HUMANE SOCIETY, INC. �i Attest �j ent Alice . c'�v