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HomeMy WebLinkAbout2006-019 - Animal Services Consulting Agreement with No More Homeless Pets in Kansas City, Inc- ~~ `~.`• BILL N0.2006-19 ORDINANCE N0.2006-19 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR PRO TEM TO COMPLETE AND EXECUTE, AN ANIMAL SERVICES CONSULTING AGREEMENT SY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND NO MORE HOMELESS PETS IN KANSAS CITY, INC. WHEREAS, the City has determined that feral and free-roaming cats have become and are a problem affecting the City and its residents that, if left unchecked, will become a public nuisance and will be detrimental to the public health, safety and welfare of the City, its residents, and the animals involved; and WHEREAS, the City desires to address the problem of feral and free-roaming cats in the City in an effective and humane manner; and WHEREAS, No More Homeless Pets in Kansas City, lnc. ("NNl)-IPKC") is a Missouri non-profit corporation established for the purpose of leading a cooperative effort to end pet overpopulation and transform the greater Kansas City area into a "Humane Community' ;and WHEREAS, NMHPKC is a leading advocate and organizer of the trap-neuter~return method of controlling feral and free-roaming cat populations (the "Services"), and the City desires NMHPKC to use this process in order to address and control the feral and free-roaming cat problem in the City. NOW, THEREFORE, BE TT ORDAINED, by the Board of Aldermen of Riverside, Missouri, as follows: Section 1. The City fmds that feral and free-roaming cats have become and will continue to be a problem affecting the public health, safety and welfare of the City and its residents, and fmds that the Services are important to the welfare of the City and that the provision of funds to assist in providing such Services are for a public purpose. Section 2. The City of Riverside shall pay to the NMHPKC the sum of Twenty-Four Thousand Seven Hundred Ninety-Five and 00/100 Dollars ($24,795.00) for the provision of Services to the City, pursuant to the Animal Services Agreement, in substantially the form attached as Exhibit A, which is hereby approved. Section 3. The Mayor and City Clerk are authorized and directed to execute the Services Agreement, execution of such document being conclusive proof of such approval. The City Administrator is authorized and directed to perform all acts necessary or desirable to effectuate the intent of this Ordinance. Section 4. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or inj~¢nction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall remain in full force and effect. ~ .. Section 5. This ordinance shall take effect immediately. Passedthis -~/ ""day of~~n~~', `006. /~i~~~ ~~ or Pro Tem ATTES Ciry Clerk C:\Documems and SminBs\jhenry\i,ocal Settings\Tempormy Internet Files\OLK22\Ordinmce approving egreemwt with NMFIPKC (K0481410).DOC 1 .., r ~,. r .. c~o~~ ANIMAL SERVICES CONSULTING AGREEMENT THIS AS1].SERVICE O~NScL~TL.,TING AGREEMENT (the "Agreement") is entered into as of the !!~~ day of ~~,~~j~~~ 'oG+ 2006, by and between The City of Riverside, Missouri, with an address of 2950 NW Vivi Road, Riverside, Missouri 64150 (the "City"), and No More Homeless Pets in Kansas City, Inc., with an address of P.O. Box 140202, Kansas City, Missouri 64114 ("NMI-II'KC"). WITNESSETH: WHEREAS, the City has determined that feral and free-roaming cats have become and are a problem affecting the City and its residents that, if le8 unchecked, will become a public nuisance and will be detrimental to the public health, safety and welfaze of the City, its residents, and the animals involved; and WHEREAS, the City desires to address the problem of feral and free-roaming cats in the City in an effective and humane manner; and WHEREAS, NMHPKC is a Missouri non-profit corporation established for the purpose of leading a cooperative effort to end pet overpopulation and transform the greater Kansas City area into a "Humane Community"; and WHEREAS, NMHPKC is a leading advocate and organizer of the trap-neuter-return method of controlling feral and free-roaming cat populations, and the City, in exchange for the consideration described below, desires NMHPKC to provide information and support services regarding this process in order to assist the City in addressing and controlling the feral and free- roaming cat problem in the City. NOW, THEREFORE, in consideration of the premises hereof, the consideration described below, and such other promises and terms encompassed herein, the parties hereto do hereby agree as follows: 1. Definitions (a) A Caretaker ("Caretaker") is an individual who provides food, water, and/or shelter to a feral and free-roaming cat or a colony. (b) A Colony ("Colony") is a group of cats who cluster together, usually azound a food source. Many colony members remain constant, but some cats move back and forth between several colonies. Colonies vary in size from a few cats to many cats. (c) Feral and Free-Roaming Cats ("Cats") do not have homes or owners. Many of these cats are feral (wild). They had no socialization with humans as kittens and their mothers taught them to hide to survive. Others are strays, abandoned by their owners. Some of these are tame and friendly and others have become distrustful and frightened of people. Neazly 100% of these cats are fertile and they reproduce regularly and quickly. KC-1349507-1 ~, r R~ i (d) No More Homeless Pets Kansas City ("NMHPKC") is a Missouri non-profit corporation formed and operated by a coalition of humane societies, rescue organizations, animal control agencies, individual rescuers, veterinarians, and other people who care about ending pet overpopulation. NMHPKC has offered the City its expertise to assist the City in establishing an effective, ongoing plan for trap-neuter-return. (e) Trap-Neuter-Return ("TNR") is a humane population control program to turn a feral cat Colony into a managed Colony whose members live safe, healthy, sterile lives without the dangers and hazdship of constant breeding. "Trap" means to humanely trap every Cat in the Colony. "Neuter" means to take the Cats in their traps to a veterinazian for spay or neuter and vaccination. "Return" means to caze for the Cats through recovery from surgery and then return them to their established home territory. Managing Cats in this manner will stop Colonies' population growth and allow their numbers to gradually decrease through attrition. 2. Program Managers. (a) The City will appoint a City resident to represent the City and work with NMHPKC (the "City Program Manager"). In conjunction with N1VIEiPKC project manager(s), the City Program Manager will act as a project leader and will be responsible for planning, coordinating, and facilitating all aspects of the City's TNR program as described hereinbelow. (i) Pursuant to Missouri law, the City Program Manager will not have the power or authority to represent or obligate the City to any further extent than that contemplated by this Agreement and allowed by applicable state law. Any additional duties, responsibilities, and/or liabilities not contained in the scope and terms of this Agreement must be considered and approved by the City's Administrator or Boazd of Aldermen (as the law may require depending upon the particular situation). (b) The President of NMl3PKC will appoint an NMHPKC member (or members) to work with the City Project Manager to implement and monitor the City's TNR program (the "NMHPKC Program Manager"). 3. City Duties and Responsibilities. In exchange for the consideration described in Section 4 below, the City shall provide and/or be responsible for the following (the "City Duties"): (a) Assign a TNR Program Manager as described above and a Contact Point for (i) City residents reporting feral or free-roaming cats, (ii) Caretakers needing assistance, and (iii) working with NMHPKC in connection with the duties set forth in Pazagraph 4; (b) Purchase traps and maintain a tracking system for the traps when loaned out to Cazetakers; KC-1349507-1 ~. r R„ i (c) Provide funding, as specified in Sections 9 and 10 hereof, for spay/neuter and vaccination services at $35.00 per Cat. 4, NNII'IPKC Duties and Responsibilities. In exchange for the City Duties described above and the other obligations and pronuses contained herein, NMHPKC shall consult and assist the City and the TNR Program Manager with the following: (a) Identify cat Colonies; (b) Identify Cazetakers, work with Caretakers who cannot actively participate in their colony's TNR process to ensure that Colony is processed through the TNR program, and develop Cazetakers for those Colonies without a Caretaker; (c) Provide TNR training to identified Caretakers; (d) Provide Caretakers with adequate support services for effective TNR programs including traps, overnight facilities for the trapped Cats provided by the City, and spay/neuter services funded by the City; (e) Establish a network with local rescue groups and shelters to place, where possible, kittens and tame cats pulled from Colonies; (f) Establish a network of veterinarians and clinics to provide low cost services; (g) Coordinate with the Riverside-Quindazo Bend Levee District regazding the trapping program conducted in the levee area within the City's limits; (h) Release non-feral or free-roaming cats (domesticated cats), identified by a collar and identifying tag or license, and other animals from traps; and (i) Track the numbers of Cats taken through the TNR process to evaluate progress. 5. Identifying Caretakers. Upon the execution of this Agreement and the implementation of its provisions, the TNR Program Manager and NMHPKC Program Manager will immediately work to identify any known Caretakers, Colonies, and problem azeas. These will be the tazget areas for initial volunteer canvassing using TNR door hangers. Caretakers and volunteers identified through this process will be invited to a TNR training class. Similaz and subsequent efforts will work to identify additional Cazetakers and volunteers. 6. TNR Training. NMHPKC will present at least two (2) training sessions for Cazetakers and volunteers. Once they complete the training, the Cazetakers and volunteers will be ready to trap. 7. Establishment of an Adoption/Foster Care Network. Some Cats trapped will be adoptable. This would include tame adults and kittens. The Program Managers will immediately work together to establish an adoption and foster care network. KC-1349507-1 1, r rt. ~ .. 8. Establishment of a Veterinarian Network. Upon the execution of this Agreement and the implementation of its provisions, the TNR Program Manager and NMHPKC Program Manager will immediately work together to establish a group of veterinarians and clinics who will work with the City's TNR Program. All veterinarians within this network shall comply with the provisions outlined in Section 9 below. 9. Veterinarian Services. (a) Contract Required. Any veterinarian performing services pursuant to the City's TNR program must do so pursuant to a written contract with NIviHPKC. NMHPKC will provide the City with copies of all such contracts. The City will pay NMHPKC, and will not provide funds directly to each veterinarian. T'he TNR Program Manager and NiVIHI'KC Program Manager will be responsible for ensuring compliance with this contracting procedure. (b) Standard Services. Veterinarians under contract to participate in the City's TNR program will provide the following services for each Cat and the City will reimburse them $35 for each Cat: (i) Spay or neuter; (ii) Rabies vaccination; (iii) FVRCP vaccination; (iv) Ear cleaning; (v) Mandatory left ear tip for cats returned to the Colony. (c) Contingency Fund for Other Services. Some Cats will require additional Gaze. The City will provide a limited contingency fund of $750.00 to cover the cost of .the additional services described in subsections (i) and (ii) below. (i) Unusual Circumstances. From time to time, an otherwise healthy Cat will need additional treatment. Some of these aze minor, such as administering fluids to pregnant females, dehydrated cats, or kittens. Other treatments may be somewhat more serious such as a hernia or a damaged tail or limb. The City authorizes the additional cost for this eventuality subject to the limits imposed by this Agreement and the limited contingency fund authorized by this Agreement. (ii) Severely Ill Cats. Occasionally, a Cat will arrive for surgery very ill. The veterinarian will determine if the Cat is too ill to return to the Colony. If so, the veterinarian will notify the Caretaker and recommend euthanasia. The veterinarian will euthanize the Cat and dispose of the body for $35. (d) Microchip Scanning: Veterinarians under contract to participate in the City's TNR program will scan all Cats for microchips using the microchip scanner(s) KC-1349507-1 >r ~ r ~. ~ available to the individual veterinarian, if any. It is understood and agreed that, while the major microchip vendors use the same technology allowing a single standard scanner to read chips from various vendors, this is not the case with all microchips. Many veterinarians have the standard scanner, but this does not provide a 100% guarantee that all microchips will be identified or readable. Thus, both parties understand and agree that microchip scanning cannot be guaranteed as an identification method. 10. Funding the TNR Program. The City will provide funding for the City's TNR Program up to a maximum amount of $24,795.00. This amount is based upon anticipated expenditures for an estimated total of 600 feral and free-roaming cats in the City, as detailed below: Item Cost Per Item Quantity Total Cost Humane Tomahawk Tra s $61.00 35 $ 2,135 Tra Shi in Char es -- -- $ 160 Standard Vet Services $35.00 600 $21,000 Other Vet Services Contin enc Fund) ------ ------ $ 750 Administrative Costs ------ ------ $ 750 TOTAL PROJECTED COST $24,795 11. TNR Program Timeline. The City and NMHPKC Program Managers will develop a timeline to launch the Program and establish continuity. The timeline will include specific dates for specific accomplishments. As needed, the City and NMI-IPKC Program Managers will revise the timeline. Any timeline created pursuant to this Section 11 is merely a guideline for the implementation, continuation, and completion of the TNR Program, and will have no legal effect on the term or termination of this Agreement. 12. Compliance with Laws. The City and NMHI'KC shall conduct its Duties under this Agreement, and the TNR Program itself, in compliance with all applicable Federal, State and local laws, ordinances, orders and regulations. 13. Indemnity. Each party (the "Indemnitor") shall indemnify, hold harmless and defend the other party, and its officials, officers, advisors, agents, members, volunteers, and employees (collectively, the "Indemnitee"), from and against any and all claims, liabilities, losses, costs, damages and expenses (including reasonable attorneys' fees and expenses and court costs) of whatsoever nature that may be incurred by the Indemnitee arising out of and in connection with the terms of this Agreement to the extent that such claims, liabilities, losses, costs, damages and expenses (including reasonable attorneys' fees and expenses and court costs) results or arises, in whole or in part, from the negligent, reckless or intentional acts or omissions of the Indemnitor, its officials, officers, advisors, agents, members, volunteers or employees. In so defending the Indemnitee, the Indemnitor shall provide counsel that is reasonably acceptable to the Indemnitee. This Section 13 shall survive the revocation or termination of this Agreement. KC-1349507-1 ~. i r ~. r . 14. Term and Termination. This Agreement shall be in force from the date first written above until the funding provided pursuant to Section 10 is exhausted or this Agreement is terminated by either party, with or without cause, upon 30 days' written notice to the other party. 15. Strict Performance. No failure by either party to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise a right or remedy shall constitute a waiver. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, condition, agreement and term of this Agreement shall continue in full force and effect with respect to any other existing or subsequent breach. 16. Independent Contractor. It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship. of co-partners or a joint venture between the parties, or as constituting NMHPKC as an agent, representative or employee of the City for any purpose whatsoever. NMHPKC is to be, and shall remain at all times, an independent contractor with respect to all duties, tasks, activities, and/or planning to be performed under this Agreement. Persons employed, retained, recruited, and/or solicited by NMI-IPKC in the performance of N1VIHI'KC's Duties pursuant to this Agreement are not employees of the City and shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the City's officers and employees either by operation of law or by the City. 17. Invalidity or Unenforceability of Particular Provisions. The invalidity and unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof not inconsistent with such provision, and the Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted, provided, however, if the remaining provisions of this Agreement would make the obligations of the parties inequitable vis-a-vis the parties or the deletion of any such provisions would materially change the essential terms of this Agreement, the parties will negotiate in good faith modification of this Agreement to place the parties in as reasonably close position to their original positions if possible. In the event the parties are unable to negotiate a modification hereto, either party shall have the right to terminate this Agreement upon not less than fifteen (15) days notice. 18. Notices. All notices, requests, demands and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly delivered if delivered in person or upon the earlier of actual receipt or three (3) business days after deposit with the United States Postal Service if sent by registered or certified, fast-class mail, postage prepaid to: To the City: City of Riverside, Missouri Attention: David Blackburn, City Administrator 2950 NW Vivion Road Riverside, MO 64150 KC-1349507-1 To NMHPKC: Gail Longstaff, President No More Homeless Pets in Kansas City, Inc. P.O. Box 140202 Kansas City, Missouri 64114 Either party may from time to time change said address by written notice to the other parties, given as above provided. 19. Assignment. NMHPKC shall make no assignment of this Agreement or any right or obligation occurring under this Agreement in whole or in part without the express written consent of the City. The City shall have full discretion to approve or deny, with or without cause, any proposed or actual assignment by NMHPKC. Any assignment of this Agreement made by NMHPKC without the express written consent of the City shall be null and void and shall be grounds for the City to declare a default of this Agreement and immediately terminate this Agreement by giving written notice to the NMHPKC, and upon the date of such notice this Agreement shall be deemed immediately terminated, and upon such termination all liability of the City under this Agreement to NMl-IPKC shall cease. 20. Governing Law. This Agreement shall be construed or enforced under and in accordance with the laws of the State of Missouri. Any and all legal action necessary to enforce this Agreement shall be held or brought in Platte County, Missouri. 21. Severab~7ity. If any provision of this Agreement shall be declared illegal, void or unenforceable by a court of competent jurisdiction, the other provisions shall not be affected but shall remain in full force and effect. 22. Entire Agreement. There are no other agreements or understandings, either oral or written, between the parties affecting this Agreement, except as otherwise specifically provided for or referred to herein. This Agreement cancels and supersedes all previous agreements between the parties relating to the provision of services covered by this Agreement. No change or addition to, or deletion of, any portion of this Agreement shall be valid or binding upon the parties hereto unless the same is approved in writing by the parties. There are no other contracts between the parties. 23. No Third-Party Rights. Nothing in this Agreement shall be construed as creating ar giving rise to any rights in any third parties or any persons other than the parties hereto. 24. Construction of Headings. The captions or headings are for convenience only and are not intended to limit or define the scope or effect of any provision of this Agreement. KC-1349507-1 ~ i i ~~ i .. IN WITNESS WHEREOF, the parties have caused this Agreement to be effective beginning on the day and year first written above and represent and warrant that the parties signing below have sufficient authority to bind the parties hereto. CITY OF RIVERSIDE, MISSOLTR~ (the "City") -~~y~~ Print Name: .~~ ~ ~ ' Title: KC-1349507-I NO MORE HOMELESS PETS IN KANSAS CITY, INC. ("L11vIHPI~C")