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HomeMy WebLinkAbout03-90 Resolution No. 03-90 RESOLUTION AUTHORIZING EXECUTION OF A STRAY ANIMAL AGREEMENT WITH THE ANDERSON ANIMAL SHELTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Stray Animal Agreement on behalf of the City of Elgin with the Anderson Animal Shelter for the sheltering of stray animals, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: April 2 , 2003 Adopted: April 2 , 2003 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk ANDERSON ANIMAL SHELTER Stray Animal Agreement This Stray Animal Agreement is made and entered into this 15th day of January, 2003 (the "Agreement") by and between Anderson Animal Shelter, an Illinois not-for-profit corporation with its principal office at 1000 S. LaFox (Rte. 31), South Elgin, IL 60177 ("Anderson") and the City of Elgin, Illinois, a municipal corporation with offices at 150 Dexter Court, Elgin, IL 60120-5555 ("CITY"). WITNESSETH WHEREAS, CITY has adopted ordinances providing for the impoundment of at large, stray or mistreated animals (all such animals shall collectively hereinafter be referred to as "Stray Animals"); WHEREAS, CITY desires to designate Anderson as one of CITY's repositories for Stray Animals apprehended or otherwise taken for impoundment by representative(s) of CITY; WHEREAS, Anderson desires to serve CITY and the community and aid in the care of Stray Animals and return them to their lawful owners when possible; and WHEREAS,Anderson further desires that any Stray Animal that cannot be returned to its owner that is deemed adoptable by Anderson be placed in a private home or other environment judged suitable by Anderson; NOW, THEREFORE, the parties agree as follows: 1. OBLIGATIONS OF ANDERSON: a. Subject to Section 2(c), below, Anderson shall make available to CITY its facilities for the purpose of housing Stray Animals impounded by representatives of the City. b. Anderson shall provide proper food, water, housing and humane care for each Stray Animal while in its care. c. Anderson will hold any animal whose owner is unknown by Anderson for five (5) calendar days. Except as provided in subsection(i) below, Anderson will hold any animal whose owner is known by Anderson by identification tag or other means for seven(7) calendar days. (Together, these five (5) and seven (7) day periods are hereinafter referred to as the "Holding Period".) The Holding Period will begin the day such Stray Animal is deposited at Anderson. d. After the Holding Period has expired (as between the parties), each Stray Animal shall be deemed abandoned by its owner and shall be deemed the property of rev.03/04/2003 Page 1 of 6 Anderson. Anderson will then determine in its sole discretion the adoptability of each Stray Animal. If a Stray Animal is deemed adoptable, it shall be placed up for adoption using Anderson's then current policies and procedures or transfer such animal to another facility. If it is deemed unadoptable by Anderson, Anderson may, in its sole discretion, choose to humanely euthanize such animal and properly dispose of its remains. Notwithstanding anything herein to the contrary, Anderson shall have the right in its sole discretion at any time to humanely euthanize any Stray Animal deposited with Anderson when Anderson determines with its veterinary staff that such procedure is necessary and/or humane. e. Anderson will allow representatives of CITY access to its stray holding area at all times for the purpose of depositing Stray Animals. Anderson will provide one or more keys to its stray holding area to CITY for such purpose. The person receiving such keys on behalf of CITY shall be responsible for the safe and proper use of any such keys for the sole and specific purpose of depositing Stray Animals with Anderson. f. Anderson shall maintain reasonable visiting hours in order to accommodate the redemption of Stray Animals by their owners. g. Anderson will appoint competent and qualified representatives for the carrying out of its responsibilities under this Agreement. h. Anderson shall keep proper records to account for all Stray Animals deposited with Anderson by CITY. i. With respect to animals of which Anderson is notified are the subject of court cases (e.g., dog fighting), Anderson will only be required to hold these animals for seven(7) calendar days, after which time CITY will immediately move them at CITY's expense to another repository. In the event Anderson otherwise agrees to hold such animals for a longer period of time, CITY agrees to pay Anderson its then current ordinary boarding and necessary medical fees upon receipt of an invoice therefor from Anderson. Anderson shall provide verbal or written notice to City upon the expiration of any such seven(7) day period. 2. OBLIGATIONS OF CITY: a. Payment. CITY agrees to pay an initial flat rate drop-off fee to Anderson of $100.00 per Stray Animal deposited at Anderson regardless of the final disposition of the Stray Animal. CITY shall pay this $100.00 fee per Stray Animal upon receipt of an invoice therefor from Anderson. Anderson reserves the right to change such fee at any time with sixty(60) days advance written notice to CITY. rev.03/04/2003 Page 2 of 6 b. For any Stray Animal that is redeemed by its owner within the Holding Period, Anderson will require the owner to pay the fines designated by CITY and listed on Exhibit A attached hereto, which Exhibit A may be amended from time to time by City at City's sole discretion upon written notice to Anderson. Anderson will return all collected fines to CITY in a timely manner. In addition, Anderson reserves the right to charge the owner for Anderson's usual and customary boarding and necessary medical fees that were incurred during the Stray Animal's stay at Anderson. c. CITY understands and acknowledges that Anderson has similar agreements with other municipalities for the purpose of housing stray animals, and therefore there may be times when Anderson will not be able to accept any additional Stray Animals. When Anderson's holding area is full, Anderson may notify CITY by telephone. During such time when Anderson's holding area is full, CITY agrees to utilize other repositories until such time as Anderson notifies CITY by telephone that it has room to house additional Stray Animals. d. CITY will ensure that if a Stray Animal is brought to Anderson after Anderson's ordinary business hours, CITY's representative depositing any Stray Animal will ensure the door is properly secured upon exiting Anderson's facility. e. If any Stray Animal should escape, be stolen by a third party or otherwise disappear while in Anderson's custody under this Agreement, neither party hereto shall be obligated to the other for any payments or have any further responsibility relating to such Stray Animals. f. CITY is responsible for any keys to Anderson's facility issued to any representative of CITY, and CITY will immediately notify Anderson if any key is lost, stolen or misplaced. In this event, CITY agrees to pay to Anderson all costs or expenses incurred by Anderson to re-key the locks and reissue keys to CITY and any other persons then having keys to Anderson's facility. g. During the term of this Agreement, CITY agrees that if there are any new ordinances or proposed changes to any existing ordinances affecting Stray Animals, it will promptly notify Anderson of such change. After review of any such new ordinances or changes, Anderson shall have the right, in its sole discretion, to terminate this Agreement without penalty of any kind upon notice to CITY. CITY warrants that Anderson is able and authorized to reasonably perform all of Anderson's obligations hereunder(including without limitation holding, adopting and euthanizing Stray Animals) without violating any of CITY's existing ordinances pertaining to animal control. Subject to Paragraph 7, below CITY will indemnify and hold harmless Anderson from and against any and all claims, damages, actions, costs and demands made by any owner of any Stray Animal relating to any Stray Animal brought by CITY to Anderson. rev.03/04/2003 Page 3 of 6 3. TERM: This Agreement will take effect as of the date first written above and continue for one (1)year. Upon expiration, this Agreement will automatically renew for additional one (1) year terms unless this Agreement is terminated as allowed under this Agreement. 4. TERMINATION: Either party may terminate this Agreement for any reason or no reason with thirty(30) days' prior written notice to the other. 5. ASSIGNMENT: Neither party may transfer or assign any of its rights or obligations to any other person or entity without the prior written consent of the other. 6. NOTICE: Except as provided in Section 2, above, all notices under this Agreement unless otherwise stated herein shall be in writing and shall be deemed delivered (i) immediately when delivered in person or(ii)three (3) calendar days after being deposited in the U.S. Mail postage prepaid and addressed as follows: If to Anderson: Deanna Davies, Executive Director Anderson Animal Shelter 1000 S. LaFox (Rte. 31) South Elgin, IL 60177 Telephone: 847/697-2881 ext. 24 If to CITY: Deputy Chief Jim Burns Elgin Police Department 151 Douglas Avenue Elgin, IL 60120 Telephone: 847/289-2761 Such address may be changed from time to time by either party providing notice to the other in the manner set forth above. 7. INDEMNIFICATION: Each party agrees to indemnify and hold harmless the other from all claims, demands, losses, damages and expenses, including reasonable court- approved attorneys' fees and court costs arising from or relating to the party's (or its directors, officers, employees, agents or assigns)breach of this Agreement, ordinary negligence or intentional misconduct relating to this Agreement or that of the party's directors, officers, employees, agents or assigns. 8. AMENDMENT: The terms of this Agreement may only be modified or amended in writing and signed by both parties. 9. SEVERABILITY: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would rev.03/04/2003 Page 4 of 6 become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 10. APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois. 11. ENTIRE AGREEMENT: This Agreement, together with Exhibit A attached hereto, contains the entire understanding of the parties and there are no other promises or conditions between the parties whether oral or written relating to the subject matter hereof. This Agreement supersedes any prior written or oral agreements between the parties. 12. NON-FAVOR: This Agreement is a result of negotiations between the parties, and no provision hereof shall be interpreted against the party that has drafted it. 13. AUTHORITY: The representatives of each party signing this Agreement represent and warrant that they have full power and authority to execute this Agreement and are vested with proper authority to bind their party to all terms contained herein. In witness whereof, the parties hereto have signed this Agreement as of the date first written above. ANDERSON ANIMAL SHELTER, an Illinois CITY OF ELGIN, Illinois, a municipal not-for-profit corporation corporation By: ,hl/y�Q �� By: -e)-44,--1-e/61147€4-1----- Prin ame: SOCIo y► t . 7, /4h.f Print Name: aiolUTV m /Jile.61ai Title: ---P,A.QA g ,y Title: G y M e. V Or Attest: ke-C-1-11- City Clerk rev.03/04/2003 Page 5 of 6 EXHIBIT A (Fines to be collected from owners of Stray Animals) 7.04.130: IMPOUNDMENT; REDEMP- TION; FEES: A. Any dog which has been impounded or taken up for being at large or for any violation of law may be redeemed by the owner of such dog upon pay- ment to the City of the sum of fifty dollars ($50.00), for the cost of taking up and impounding such animal. The owner must also pay the cost of keep- ing the animal during the impound- ment. B. Payment of redemption or profession- al fees shall not release the owner from other complaints being brought or fines being levied under this Chap- ter. (Ord. G14-96 § 4, 1996; Ord. G50-86 § 2, 1986) rev.03/04/2003 Page 6 of 6 ¢` City of Elgin Agenda Item No. • ; , , L March 7, 2003 G I TO: Mayor and Members of the City Council SAFE COMMUNITY FROM: Olufemi Folarin, Interim City Manager SUBJECT: Sole Source Contract with Anderson Animal Shelter PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a sole source contract for the sheltering of stray animals with Anderson Animal Shelter. BACKGROUND In December, 2000, the City released an Invitation for Bids on behalf of the Police Department for boarding and euthanizing services for the City' s Animal Control Program. One bid was received, from Anderson Animal Shelter, which was awarded a two year contract by the Council at its January 24, 2001 meeting. Since the time of that bid, no new animal shelters have opened in the Elgin area. Therefore, the City entered into negotiations with Anderson for continuation of these services . Anderson has raised its boarding rates from $12 a day to a flat fee of $100 per animal . This fee is the same as that being charged to other municipalities with whom Anderson has similar arrangements. The proposed contract permits either party to terminate the contract with thirty days prior notice. GROUPS/INTERESTED PERSONS CONTACTED None. ipFINANCIAL IMPACT The City' s payments to the vendor are based upon the number of animals boarded, fed and euthanized, less the fines and license fees collected by the vendor for the animals that are claimed. { Sole Source Anderson Animal Shelter March 7, 2003 Page 2 In 2002, 355 dogs went to Anderson Animal Shelter for a cost of $3, 840 ($12/day) . The City received $8, 180 in redemption fees from Anderson. There are sufficient funds budgeted ($28, 620) and available ($28, 161) in account number 010-2308-731 .45-04, Miscellaneous Services, Animal Control to pay for Anderson' s services assuming a similar number of dogs and redemption fees as in 2002 . \ nal/LEGAL IMPACT Legal has reviewed the attached contract . ALTERNATIVES 1 . Enter into the agreement as recommended. 2 . Release an Invitation for Bids targeting shelters outside the Elgin area. RECOMMENDATION It is recommended that the City Council approve award of a sole source contract to Anderson Animal Shelter to continue until such time alternative shelters are available in the Elgin area. Respectfully submitted, t � Olufemi Fo arin Inter' i Ci' y ager GAC Attachment