HomeMy WebLinkAbout07-62 Resolution No. 07-62
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 Olufemi Folarin, 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: February 28, 2007
Adopted: February 28, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
s/Jennifer Quinton
Jennifer Quinton, Deputy City Clerk
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Anderson Animal Shelter
Stray Animal Agreement
This agreement is hereby made and entered into this First day of January,2007 (the
"Agreement")by and between Anderson Animal Shelter,an Illinois not-for-profit corporation
with its principal office at 1000 South LaFox(Route 31), South Elgin,Illinois 60177(hereinafter
referred to as"Anderson")and the City of Elgin,Illinois,a municipal corporation(hereinafter
referred to as"MUNICIPALITY").
WITNESSETH
WHEREAS,MUNICIPALITY may have adopted certain Ordinance(s)prohibiting
animals from running at large and providing for such animals to be impounded,and prohibiting
mistreatment of animals and providing for impoundment of mistreated animals(all such animals
which shall mean dogs shall collectively hereinafter be referred to as"Stray Animals");
WHEREAS,MUNICIPALITY desires to designate Anderson as one of
MUNICIPALITY's repositories for Stray Animals apprehended or otherwise taken to
impoundment by representative(s)of MUNICIPALITY;
WHEREAS,Anderson desires to serve MUNICIPALITY 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,IN CONSIDERATION OF THE MUTUAL PROMISES
AND COVENANTS CONTAINED HEREIN,THE SUFFICIENCY OF WHICH IS
HEREBY MUTUALLY ACKNOWLEDGED,THE PARTIES HERETO HEREBY
AGREE AS FOLLOWS:
1. OBLIGATIONS OF ANDERSON:
a. Anderson shall use its best reasonable efforts to make available to
MUNICIPALITY its facilities for the purpose of housing Stray Animals.
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,each Stray Animal shall be deemed
abandoned by its owner and shall be deemed the property of Anderson.
Anderson will then determine in its sold discretion the adoptability of each
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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.It if 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 anytime to
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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 MUNICIPALITY 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 are to MUNICIPALITY for
such purpose.The person receiving such keys on behalf of MUNICIPALITY
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 MUNICIPALITY.
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 MUNICIPALITY will
immediately move them at MUNICIPALITY's expense to another repository.
In the event Anderson otherwise agrees to hold such animals for a longer
period of time,MUNICIPALITY agrees to pay Anderson its then current
ordinary boarding and necessary medical fees upon receipt of an invoice
therefor from Anderson.
j. Anderson shall make every reasonable effort to provide a safe environment for
Stray Animals and prevent the incidence and spread of communicable diseases.
2. OBLIGATIONS OF MUNICIPALITY
a. Payment.MUNICIPALITY agrees to pay an initial flat rate drop-off fee to
Anderson of$250.00 per Stray Animal deposited at Anderson regardless of the
fmal disposition of the Stray animal. Such$250 fee per Stray Animal shall be
paid within thirty(30)days of a receipt of an invoice therefore from Anderson.
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
MUNICIPALITY and listed on Exhibit A attached hereto.Anderson will
return all collected fines to MUNICIPALITY in a timely manner. In addition,
Anderson reserves the right to charge the owner for Anderson's usual and
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customary boarding and necessary medical fees that were incurred during the
Stray Animal's stay at Anderson.
c. MUNICIPALITY 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 MUNICIPALITY by telephone.During such time when Anderson's
holding area is full,MUNICIPALITY agrees to utilize other repositories until
such time as Anderson notifies MUNICIPALITY by telephone that it has room
to house additional Stray Animals.
d. MUNICIPALITY will ensure that if a Stray Animal is brought to Anderson
after Anderson's ordinary business hours,MUNICIPALITY"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
shall be obligated to the other for any payments or have any further
responsibility relating to such Stray Animals.
f. MUNICIPALITY will immediately notify Anderson if any key issued to
MUNICIPALITY is lost, stolen or misplaced.In this event,MUNICIPALITY
agrees to pay to Anderson all costs or expenses incurred by Anderson to re-key
the locks and reissue keys to MUNICIPALITY and any other persons then
having keys to Anderson's facility.
g. During the term of this Agreement,MUNICIPALITY 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 MUNICIPALITY.MUNICIPALITY warrants that Anderson is able
and authorized to perform all of Anderson's obligations hereunder(including
without limitation holding,adopting and euthani7ing Stray Animals)without
violating any of MUNICIPALITY's existing ordinances pertaining to animal
control.
3. TERM: This Agreement will take effect as of the date first written above and continue
until October 31,2007.
4. TERMINATION: Either party may terminate this Agreement for any 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
shall be in writing and shall be deemed delivered(i)immediately when delivered in
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person or(ii)three(3)calendar days after being deposited in the U.S.Mail postage
prepaid and addressed as follows:
If to Anderson: Sarah Hill,Executive Director
Anderson Animal Shelter
1000 South Lafox Road(Route 31)
Elgin,Illinois 60177
Telephone: 847/697-2880,extension 24
It to MUNICIPALITY: Chief Lisa Womack
City of Elgin
151 Douglas Avenue
Elgin,Illinois 60120
Telephone: 847/289-2529
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
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 fmds that any provision of this
Agreement is invalid or unenforceable,but that by limiting such provision it would
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 negations between the parties, and no
provision hereof shall be interpreted against the party that has drafted it.
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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.
14. PARTNERSHIP: This Agreement shall not be construed so as to create a joint
venture,partnership,employment or other agency relationship between the parties
hereto except as may be specifically provided for herein.
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In witness whereof, the parties hereto have signed this Agreement as of the date first
written above.
ANDERSON ANIMAL SHELTER, an City of Elgin,an Illinois municipality
Illinois Not-for-profit corporation
By: t By:
Print N . CCU. Print Print Name:
cci FpL&RTN
Title: C e e-A-'-� `DI�e CY Title: Y MANAGER
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CITY CL K
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EXHIBIT A
(Fines to be collected from owners of Stray Animals)
First Offense $50.00
Second Offense $75.00
Third Offense $100.00
Revised 12/12/06
Contracts/Contract.06.Elgin
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of E�Ci
Agenda Item No.
City of Elgin
II " •: :
ATEDF�'� �� �°r t ",
Date: February 9, 2007
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager _ _IR
Jeffrey Swoboda, Deputy Chief of Police ( Rfc Ccmmtmity
SUBJECT: Renewal of the Sole Source Contract with Anderson Animal Shelter
PURPOSE
The purpose of this memorandum is to provide information to the Mayor and members of the
City Council to consider a sole source contract renewal with Anderson Animal Shelter for the
sheltering of stray animals.
RECOMMENDATION
It is recommended that the City Council approve a sole source contract with Anderson Animal
Shelter.
BACKGROUND
In December, 2000, the City released an Invitation for Bids for services related to 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 the January 24, 2001 meeting. Since that time,the
City Council has approved subsequent contracts with Andersen Animal Shelter which contained
fee increases.
The contract renewal calls for a flat fee of $250 per animal. Since the City released the
Invitation for Bids, no other animal shelters have opened in the Elgin area. Kane County is in
the process of building a new facility which ultimately could serve as an alternative to
Andersen's. However additional information will need to be evaluated to determine if it is both
economical and efficient to structure an agreement between the City and the County. The
proposed contract with Anderson Animal Shelter permits either party to terminate the contract
with at least thirty days prior notice.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
Renewal of Contract Between Anderson Animal Shelter and City of Elgin
February 9, 2007
Page 2
FINANCIAL IMPACT
The City's payments to Anderson Animal Shelter are based upon the number of animals brought
to them, less the fines they collect for those animals claimed.
The General Fund, account number 010-2308-731.45-04, Police Department, Preventive Patrol-
Animal Control, is the account from which Anderson's services are paid. There is $56,480
budgeted for the services related to Animal Control.
In 2005, 225 animals were brought to Anderson Animal Shelter and in 2006 there were 260
animals brought to the shelter. Net of the $5,100 in fines collected on behalf of the City,
Anderson Animal Shelter was paid $59,900 in 2006 for their services. Should similar numbers
occur in 2007, an additional $3,420 will need to be transferred to pay for these services. The
Police Department has sufficient funds in other accounts and will make the necessary budget
transfers in the event the identified budget line is exhausted.
LEGAL IMPACT
�n KI',,ZVivone.
ALTERNATIVES
1. The Council may choose to release an Invitation for Bids targeting shelters outside of the
Elgin area.
2. The Council may choose to reject this recommendation thereby causing the Police
Department to modify their response to stray animals.
3. The Council may choose to approve the contract with Andersen Animal Shelter.
Respectfully submitted for Council consideration.
/j s
Attachment