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HomeMy WebLinkAbout6-93 RESOLUTION• i 1 • RESOLUTION NO. - 9 R A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE HUMANE SOCIETY OF THE OZARKS FOR OPERATION OF THE ANIMAL SHELTER FOR THE PERIOD OF JANUARY 1, 1993 THRU DECEMBER 31, 1993, IN THE AMOUNT OF $17,578. i BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby authorizes and directs the Mayor and City Clerk to execute a contract with the Humane Society of the Ozarks for operation of the animal shelter for the period of January 1, 1993 thru December 31, 1993, m the amount of $17,578. A copy of the contract authorized for payment is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of January , 1993. ATTEST: By: / ` C� Svrto� Sherry Thomas, City Clerk APPROVED: By: • • CONTRACT FOR SERVICES THIS AGREEMENT is made and entered into this ,S.GG day of 19 V3 by and between the City of Fayetteville, a municipal corporati of the SWate of Arkansas (hereafter City), and the Humane Society of the Ozarks Inc. (hereafter Society) for operation of the animal shelter in Fayetteville (hereafter Shelter). I. Pslmst The purpose of this contract is to establish the terms and conditions, duration and funding for services by which the City and Society shall operate the Shelter. H. Contract Period This contract shall commence on January 1, 1993 and shall terminate on December 31, 1993, unless there is earlier termination pursuant to paragraph V of this contract. However, said contract may automatically renew for four (4) consecutive one (1) year terms. Each such automatic renewal term shall be subject to budget approval by the City Council. 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 appropnated in the City's Annual Budget to be paid in twelve (12) equal installments, each installment to be paid by the twelfth day of each month. B. Animal license fees required by City ordinance regardless 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 following year's operations. D. The Society shall furnish a surety bond in the sum of twenty-five thousand dollars ($25,000) conditioned upon the proper performance of the terms of this contract relating to funding and licensing fees It is specifically agreed that bonding expenses may be charged against the Shelter operating funds. E. Fees for insurance for coverage of the shelter workers hired by the Society and to provide indemnity coverage for the Society's Board of Directors in the pursuance of this contract, may be charged to the Shelter's operating account. • • Contract For Services 2 Animal Shelter Operation F. The Society commits to pursue "fair share" funding. Fair share funding shall be defined as contributions to the Shelter operating budget based upon the percentage of use by the City of Fayetteville and other municipalities or organizations. G. The Society shall protect the City of Fayetteville from operating costs incurred as a result of legal proceedings or the seizure of animals by other municipalities where the City of Fayetteville is not a party to the proceedings or seizure. IV. Services A. The Society shall issue, or cause to be issued, animal licenses and shall collect, or cause to be collected, animal license fees and related assessments required by the Fayetteville Code of ordinances (hereafter City Code). The Society may delegate such issuances and collections to licensed vetennarians and may pay participating veterinarians at the rate of twenty-five cents ($.25) on licenses of five dollars ($5.00) and fifty cents ($.50) on licenses of fifteen dollars ($15.00) 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 Code shall automatically apply to this contract. B. The City 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 responsibility, the City shall provide patrol response to the limit of available resources but, with the exception of holidays, not less than from 8:00 a.m. until 8:00 p.m , Monday through Fnday, and 8.00 a.m. through 1:00 p.m. on Saturdays. Additionally, the City shall provide emergency response upon need as determined by the City. 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 animals ongrnatrng in the City and is authorized to provide the same services for such additional animals as may be appropriately accommodated. With the exception 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 a.m. until 5:00 p.m., Mondays through Friday and from 11:00 a.m. until 2:00 p.m. on Saturdays. D. The Society shall maintain a program of public information dissemination regarding all aspects of animal care including responsible animal ownership. • • Contract For Services 3 Animal Shelter Operation 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 termination by certified mail. Termination shall become effective thirty (30) days after receipt of the wntten 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 collected which have not been expended pursuant to the contract, including monthly payments, animal fees, and animal licenses. Records 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 of 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 contract, the City does not waive its statutory tort immunity. B. In the performance of its obligations under this contract 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 their 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. f • • Contract For Services 4 Animal Shelter Operation VII. Personnel A. The City shall provide pay, maintain records on and submit required reports for: 1) An Animal Services Supervisor to be responsible for all Shelter and patrol operations, in accordance with Society policies and in accordance with City Code and policies. 2) An Assistant Animal Services Supervisor to be responsible for routine contacts with the public, maintenance of Shelter records, telephone answering, dispatching of Animal Services Officers, and general maintenance of the office operations. 3) Animal Services Officers for operation of the patrol program and such other appropriate duties as may be assigned by the Animal Services Supervisor. B. The Assistant Animal Services Supervisor and the Animal Services Officers shall be under the supervision of, and report to, the Animal Services Supervisor. C. The above personnel are employees of the City and shall be employed, terminated and evaluated in accordance with City procedures. 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 comments entered into the Job Opening File including a recommendation for discharge. Further, the Society shall be permitted to record valuative comments upon the performance of these personnel during their employment period through the City's Personnel Office. Any valuative comments on applicants or on job performance of employees shall be submitted to and reviewed by the City's Personnel Officer and/or Mayor. The Animal Services Supervisor position selection or termination shall be a joint decision between the City and the Society. D. The Society may supplement the above staff at the Shelter, 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 Animal Services Supervisor. All records and payments to these full-time employees shall be the responsibility of the Society. • • • Contract For Services 5 Animal Shelter Operation VIII. Records A. The Animal Services Supervisor shall provide the City and the Society 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 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 maintained of all funds received and dispersed for the Shelter operations. C. On or before June 1, of the following year, the Society will, cause an independent financial review to be made of the Shelter 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. CITY OF FAYETTEVILLE Attest: Ma or City Clerk HUMANE SOCIETY OF THE OZARKS, INC. Attest: or."2.tattrai Secretary CONTRACT FOR SERVICES THIS AGREEMENT is made and entered into this -sem day of 19 93 by and between the City of Fayetteville, a municipal corporatiof the tate of Arkansas (hereafter City), and the Humane Society of the Ozarks Inc. (hereafter Society) for operation of the animal shelter in Fayetteville (hereafter Shelter). I. pIlaSg The purpose of this contract is to establish the terms and conditions, duration and funding for services by which the City and Society shall operate the Shelter. 11. Contract Period This contract shall commence on January 1, 1993 and shall terminate on December 31, 1993, unless there is earlier termination pursuant to paragraph V of this contract. However, said contract may automatically renew for four (4) consecutive one (1) year terms. Each such automatic renewal term shall be subject to budget approval by the City Council. 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 appropriated in the City's Annual Budget to be paid in twelve (12) equal installments, each installment to be paid by the twelfth day of each month. B. Animal license fees required by City ordinance regardless 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 following year's operations. D. The Society shall furnish a surety bond in the sum of twenty-five thousand dollars ($25,000) conditioned upon the proper performance of the terms of this contract relating to funding and licensing fees It is specifically agreed that bonding expenses may be charged against the Shelter operating funds. E. Fees for msurance for coverage of the shelter workers hired by the Society and to provide indemnity coverage for the Society's Board of Directors in the pursuance of this contract, may be charged to the Shelter's operating account. • • Contract For Services 2 Animal Shelter Operation F. The Society commits to pursue "fair share" funding. Fair share funding shall be defined as contributions to the Shelter operating budget based upon the percentage of use by the City of Fayetteville and other municipalities or organizations. G. The Society shall protect the City of Fayetteville from operating costs incurred as a result of legal proceedings or the seizure of animals by other municipalities where the City of Fayetteville is not a party to the proceedings or seizure. IV. Services A. The Society shall issue, or cause to be issued, animal licenses and shall collect, or cause to be collected, animal license fees and related assessments required by the Fayetteville Code of ordinances (hereafter City Code). The Society may delegate such issuances and collections to licensed veterinarians and may pay participating veterinanans at the rate of twenty-five cents ($.25) on licenses of five dollars ($5.00) and fifty cents ($.50) on licenses of fifteen dollars ($15.00) 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 Code shall automatically apply to this contract. B. The City 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 responsibility, the City shall provide patrol response to the limit of available resources but, with the exception of holidays, not less than from 8:00 a.m. until 8:00 p.m , Monday through Friday, and 8.00 a.m. through 1:00 p.m. on Saturdays. Additionally, the City shall provide emergency response upon need as determined by the City. 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 animals originating in the City and is authorized to provide the same services for such additional animals as may be appropriately accommodated. With the exception 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 a.m. until 5:00 p.m., Mondays through Friday and from 11:00 a.m. until 2:00 p.m. on Saturdays. D. The Society shall maintain a program of public information dissemination regarding all aspects of animal care including responsible animal ownership. s • • Contract For Services 3 Animal Shelter Operation 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 termination 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 collected which have not been expended pursuant to the contract, including monthly payments, animal fees, and animal licenses. Records 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 of 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 contract, the City does not waive its statutory tort immunity. B. In the performance of' its obligations under this contract and in fulfillment of the performance standards referred to in IV. C, above, it is understood and agreed that the Society is at all umes acting and performing as an independent contractor and shall be accorded corresponding freedom in their 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. •4 Contract For Services 4 Animal Shelter Operation VII. Personnel A. The City shall provide pay, maintain records on and submit required reports for: 1) An Animal Services Supervisor to be responsible for all Shelter and patrol operations, in accordance with Society policies and in accordance with City Code and policies. 2) An Assistant Animal Services Supervisor to be responsible for routine contacts with the public, maintenance of Shelter records, telephone answering, dispatching of Animal Services Officers, and general maintenance of the office operations. 3) Animal Services Officers for operation of the patrol program and such other appropriate duties as may be assigned by the Animal Services Supervisor. B. The Assistant Animal Services Supervisor and the Animal Services Officers shall be under the supervision of, and report to, the Animal Services Supervisor. C. The above personnel are employees of the City and shall be employed, terminated and evaluated in accordance with City procedures 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 comments entered into the Job Opening File including a recommendation for discharge. Further, the Society shall be permitted to record valuative comments upon the performance of these personnel during their employment period through the City's Personnel Office. Any valuative comments on applicants or on job performance of employees shall be submitted to and reviewed by the City's Personnel Officer and/or Mayor. The Animal Services Supervisor position selection or termination shall be a joint decision between the City and the Society. D. The Society may supplement the above staff at the Shelter, 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 Animal Services Supervisor. All records and payments to these full-time employees shall be the responsibility of the Society. • • Contract For Services Animal Shelter Operation VIII. Records 5 A. The Animal Services Supervisor shall provide the City and the Society 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 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 maintained of all funds received and dispersed for the Shelter operations. C. On or before June 1, of the following year, the Society will, cause an independent financial review to be made of the Shelter 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. CITY OF FAYETTEVILLE By: 71111/1714 Attest: M or City Cler HUMANE SOCIETY OF THE OZARKS, INC. Attest