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HomeMy WebLinkAbout2009-005 - Wayside WaifsBII.L N0.2009-OS ORDINANCE NO.2009-05 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE, AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND WAYSIDE WAIFS INC. PROVIDING IMPOUNDMENT AND DISPOSAL OF CERTAIN ANIMALS WITHIN THE CITY WHEREAS, the City of Riverside, Missouri (the "City") has negotiated with Wayside Waifs, Inc. for the provision of providing impoundment and disposal of certain animal services to the City; and WHEREAS, the City and Wayside Waifs, have reached an agreement concerning the provision of such services. follows: NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as Section 1. The City of Riverside shall enter into an Agreement to be substantially in the form attached hereto as Exhibit A, with Wayside Waifs, Inc.(the "Agreement"). Section 2. The execution and delivery of the Agreement, with such additions and modifications deemed necessary by the Mayor to complete the same, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this ~~y of , 2009. Mayor ATTE City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 1st day of Februazy, 2009, by and between the City of Riverside, a Missouri municipal corporation, (hereinafter referred to as the "City"), and Wayside Waifs, Inc., a Missouri non-profit corporation (hereinafter referred to as the "Society"). WITNESSETH WHEREAS, the City is authorized to provide for the impoundment and disposal of certain animals within the City; and WHEREAS, the City desires to engage the Society to perform, and the Society desires to perform for the City, certain animal related services. CONVENANTS NOW, THEREFORE, in consideration of the recitals, promises, and covenants herein set forth, the parties agree as follows: 3) The Societv's Services. The Society shall perform animal related services (the "Services") for the City. The Services shall include but are not limited to the following: (a) The Society shall maintain at 3901 E. 119`h Street, Kansas City, Missouri, a shelter for the reasonable care and feeding of animals, which shall be open to receive and impound animals seven days a week and to release impounded animals to the owners thereof during scheduled business hours of the Society, pursuant to the terms of this Agreement. (b) The Society shall accept at its shelter all animals for impoundment brought to it by an authorized official of the City, except dead animals. Deceased animals will be disposed of by the Society for an additional fee of Fifreen and No/100 Dollars ($15.00) per companion pet or small wildlife, and a fee of Sixty and No/100 Dollars ($60.00) per lazge wildlife, including but not limited to deer or any mammal livestock. (c) The Society shall provide reasonable care, food, and shelter for the impounded animals (excluding veterinary caze) until the animals aze reclaimed, transferred for adoption, or otherwise disposed of. 3) The City's Obligations. The City shall have the following obligations under this Agreement: (a) The City shall pick up, transfer, and deliver any and all animal(s) to the Society using reasonable caze and safety precautions. (b) The City shall pay a boazding fee equal to Twenty-five Dollars ($25.00) per day per animal for all animals impounded by an authorized official of the City. Said fees are subject to change as determined by the sole discretion of the Society; however, no fee shall be increased without thirty (30) days notice in writing C W DOGS 603498v2 thereof to the City. The City shall be responsible for the payment of any and all other fees discussed in this Agreement that the Society shall change to the City. (c) All fees due and owing to the Society from the City shall be due within ten (10) days from the date of receipt of an invoice for such chazges by the City from the Society. 3) Animal Holdine. The Society shall confine and hold the animal(s) for a minimum time as follows: (a) No minimum time if the animal(s) aze found to be ill or injured and requiring immediate euthanasia to prevent further suffering; (b) For a minimum hold of twenty four (24) hours if: (i) Animal(s) are released by the owner; or (ii) Animal(s) are found to be feral as determined by the Society in accordance with Missouri state law; (c) For a minimum hold of seven (7) days if the owner is unknown; (d) For a minimum often (10) days: (i) If the owner is known; or (ii) At the request of the City or the City's agent. After the required hold expires, unclaimed animals shall be placed for adoption or disposed of in a humane manner, at the sole discretion of the Society. 4) Rabies Observation. If the animal is under Rabies observation, then it shall be held for a minimum often (10) days and in addition to the reasonable care provided by the Society, the Society shall: a) Notify the City immediately upon evidence of any change in the health or behavior of such animal(s) during the observation period; b) Upon termination of the observation period, notify the City to determine whether said animal is to be euthanized in a humane manner, placed for adoption or released to the original owner. 5) Owner's Fees. The Society shall collect a boarding fee equal to Twenty-five Dollars ($25.00) per day and a pick up fee equal to Twenty Five and No/100 Dollars ($25.00) for each animal returned to an owner. Those fees will be forwarded to the City within thirty (30) of receipt of such fees by the Society from the owner. Release shall be made during the regular business hours of the Society. 6) Books and Records. The Society shall keep such records of animals cared for as may be requested by the City, and shall render to the City monthly statements of it charges. Payment is due within ten (10) days of receipt of any statement, subject to annual appropriation. CWDOCS 603498v2 7) Term; Termination. This Agreement shall continue in full force and effect until terminated under the terms and conditions of this Agreement. Either party may terminate this Agreement for any reason by mailing a notice of termination to the other party at least thirty (30) days before the termination becomes effective. Upon termination, any unpaid fees due to either party shall be paid by the other party within ten (10) days of such termination date. 8) Indemnification. Each party agrees to indemnify the other party and hold the other party harmless from and against any and all losses, liabilities, damages, expenses and costs (including attorneys' fees and court costs) azising from a third party claim directly or indirectly resulting from the indemnifying party's breach or alleged breach of this Agreement, gross negligence or willful misconduct in the performance of its duties and obligations under this Agreement, violation of any law, regulation or ordinance, or incun•ed in the settlement or avoidance of any such claim. 9) Independent Contractor Status. The relationship created by this Agreement is one of independent contractor and nothing contained in this Agreement will be construed by the parties or by any third person to create the relationship of partners, joint venturers, principal and agent, employer and employee, or any association other than contracting parties under this Agreement. The City will not have the right to control the Society as to the specific means or manner in which the Society performs the Services under this Agreement. 10) Notices. All conununications given or delivered relating to this Agreement must be in writing and are effective upon receipt when (a) delivered personally to the receiving party, (b) sent to the recipient by reputable overnight courier service (charges prepaid), or (c) mailed to the receiving party by certified or registered mail, return receipt requested and postage prepaid. All communications may be sent to the parties at the addresses indicated below: If to Society, to: Wayside Waifs, Inc. Attn: Patti Glass, President 3901 Martha Truman Road Grandview, MO 64137 If to City, to: or to any other address the receiving party has specified by prior written notice to the transmitting party. 11) Governing Law. This Agreement and all rights and obligations of the parties will be governed by and construed and interpreted under and pursuant to the laws of the State of Missouri. C WDOCS 603498v2 12) Successors and Assiens. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Neither party shall have the right to assign or otherwise transfer its rights or obligations under this Agreement except with the prior written consent of the other party, such consent not to be unreasonably withheld, conditioned or delayed. 13) Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties with respect to the transactions contemplated by this Agreement, and this Agreement supersedes all prior agreements between the parties concerning the subject matter of this Agreement. This Agreement may not be amended except by a written instrument executed by the City and the Society. 14) Attomev's Fees. In any action or proceeding brought by any party against the other, the prevailing party shall, in addition to other allowable costs, be entitled to an award of reasonable attorneys' fees. 15) Counteparts. This Agreement may be executed in any number of counterparts with the same effect as if all of the parties had signed the same document. All counterparts shall be construed together and shall constitute one agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY Attes City Clerk Attest: City of Riv rside G By: f.~f~ Title: SOCIETY Wayside W ' Inc. By: P tti Glass Title: President C W DOCS 603498v2