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HomeMy WebLinkAboutContract 23002300 ANIMAL POUND CONTRACT CITY OF COLUMBIA HEIGHTS July 1, 2010 to July 1, 2012 This agreement made by and between the City of Columbia Heights municipal corporation (hereinafter called the City), and Cynthia A. Fetzer PA, DBA as Camden Pet Hospital, a professional corporation (hereinafter referred to as the Poundkeeper): For and in consideration of the covenants and agreements herein contained, the parties agree as follows: WHEREAS, the City is desirous of contracting with the Poundkeeper for the purpose of having a facility for the impounding, keeping, sheltering, feeding and. boarding of dogs and cats, which. may be picked up pursuant with the City Ordinance by officials of the City; and WHEREAS, the Poundkeeper has and warrants herein that it has good and sufficient facilities to perform said functions adequately and humanely for the City: NOW THEREFORE, the parties hereto agree as follows: 1. That the Poundkeeper shall receive fiom agents or officials of the City and shall keep, feed, board, and shelter all dogs and cats entrusted to the Poundkeeper by the City in a humane manner and pursuant to the ordinances of the City and/or any applicable statutes of the State of Minnesota relating to animals. 2. If any dog or cat shall not be reclaimed by the owner within five (5) regular business days, as defined in M.S.A. 35.71, the City shall have no right or interest in such animal and the Poundkeeper may dispose of such animal in a proper and humane manner or in accordance with. M.S.A. 35.71, Subdivision 3. In the event the Poundkeeper has knowledge of a party other than the owner who is willing to give the animal a new home, the animal maybe released after the five-day holding period; all boarding charges to be paid by tl~e City. The Poundkeeper shall, not withstanding the aforesaid, in instances where an animal has bitten a human, keep the animal for the ten (10) day period required under statute for observation purposes to determine whether the animal is diseased. In the event any owner shall make claim to the animal within the period specified aforesaid, the animal shall be released by the Poundkeeper upon being provided an executed form for such purpose by the City. If the Poundkeeper has received specific instructions to continue to hold the animal for a longer period of time, the City shall be responsible for the continuing charges thereon until the hold has been released by the City. In the event the animal is delivered to the Poundkeeper dead on arrival, the Poundkeeper shall dispose of the carcass of said animal. In the event that an animal is disposed of by euthanasia, the Poundkeeper shall likewise dispose of the carcass of said animal. Animal Pound Contract Page 2 July 1, 2010 to July 1, 2012 3. The Poundkeeper shall keep accurate records of all. transactions involving animals he receives that have originated through the City pursuant to this Agreement and shall furnish monthly statements and accounts, including setting forth the disposition of the animals he has received from the City. 4. The Poundkeeper shall at no time receive any fees in connection with the licensing, impounding, board, care, keep or shelter of any animals he receives pursuant to this contract. 5. All charges made pursuant to the obligations of the Poundkeeper pursuant to this Agreement shall be paid by the City directly to the Poundkeeper after the Poundkeeper has billed and furnished the necessary monthly statements to the City. 6. The Poundkeeper shall be paid based upon. the following fee schedule: A. The City shall pay the Poundkeeper $3'75.00 per month as an administrative fee; ~. The Poundkeeper shall be paid $21.00 per day for cats and $23/day for dogs for each day or part of a day which the Poundkeeper keeps an impounded animal; C. The Poundkeeper shall be paid $28.00 for the disposal of the carcass of each animal that he receives in a "dead on arrival" condition; D. The Poundkeeper shall be paid $54.00 for the disposition of each live animal at the discretion of the Poundkeeper (this includes the disposal charge if applicable). 7. The Poundkeeper shall keep the pound open during regular business hours that shall coincide with the hours of the City offices. Release at times other than regular clinic hours and at a mutually agreeable time between Poundkeeper and owner of the pet can be arranged. 8. The pound shall be open at all reasonable times for inspection by the City through its agents or employees. 9. The Poundkeeper shall be responsible for all damages or harm suffered by the animal under its care and in its custody that may be due to the negligence or deliberate acts of the Poundkeeper. The Poundkeeper shall save the City harmless for any damages, costs, actions, or causes of actions, or claims made against the City for any harm, losses, damage, or expenses on account of bodily injury, disease or death., and property damage resulting from the Poundkeeper's negligence. To accomplish this, the Poundkeeper shall keep in full force and effect comprehensive general liability insurance in an amount of not less than. 2 Animal Pound Contract Page 3 July 1, 2010 to July 1, 2012 $100,000.00 for each incident and $300,000.00 for a combination of incidents to safeguard and indemnify the City for any of the occurrences mentioned aforesaid. Such insurance policy must be filed with the City Clerk. 10. It is agreed and understood that the Poundkeeper shall abide by all the laws of the State of Minnesota and the City of Columbia Heights; and if for some reason said laws become in conflict with each other or the terms of this Agreement, the Poundkeeper shall, in writing, notify the City of the said conflict so that this Agreement may be modified to conform. with the said laws. 11. This Agreement shall be in full force and effect as of July 1, 2010, for three years following, provided, however, that the same may be terminated by the agreement of both parties hereto or by either party upon giving six (6) months written notice of its intention to terminate this Agreement. CITY OF COLUMBIA HE HT B; .~~, ~ ~ ; ayor ,, ,~ .~ d BY: ~~ , , ,,,- City Manager CAMDEN PET HOSPITAL r~ ~, r BY: ., . ~ _~ ,! DATE ~ r -~~/ ~~<<J 3