HomeMy WebLinkAbout2022-09-06 J01F_01 28E Agreement Amendment_Animal Shelter ServicesAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 6, 2022
AGENDA ITEM:Consideration of approval of a resolution approving Amended and
Substituted Chapter 28E Agreement Between the City of Waukee, Iowa,
and AHeinz57 Pet Rescue and Transport, Inc., for animal shelter services
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: In late 2020, the City entered into a 28E Agreement
with AHeinz57 Pet Rescue and Transport, Inc., for various animal shelter
services. AHeinz57 proposes an increase to the City Animal Service Fee
from $50 to $100 per animal.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$100 per animal. If an
animal is transported to/boarded at AHeinz57 and is then claimed by its
owner, the City only pays $50 to AHeinz57.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The Waukee Police Department recommend approval
of the amended agreement and fee increase.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Amended and Restated 28E Agreement (redline version)
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1F1
THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING AMENDED AND SUBSTITUTED CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF WAUKEE, IOWA, AND AHEINZ57 PET RESCUE AND
TRANSPORT, INC., FOR ANIMAL SHELTER SERVICES
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County;
AND,
WHEREAS, on December 7, 2020, the Waukee City Council approved an agreement pursuant
to Chapter 28E of the Code of Iowa with AHeinz57 Pet Rescue and Transport, Inc., for animal
shelter, care and impoundment services (Resolution #2020-482); AND,
WHEREAS, a proposed increase in the City Animal Service Fee requires the consideration and
approval of an amended and substituted agreement between the two parties;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the City of
Waukee hereby approves the Amended and Substituted Chapter 28E Agreement Between the
City of Waukee, Iowa, and AHeinz57 Pet Rescue and Transport, Inc., for animal shelter services.
Passed by the City Council of the City of Waukee, Iowa, and approved the 6th day of September,
2022.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
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AMENDED AND SUBSTITUTED CHAPTER 28E AGREEMENT BETWEEN THE
CITY OF WAUKEE, IOWA AND THE AHEINZ57 PET RESCUE AND TRANSPORT,
INC. FOR ANIMAL SHELTER SERVICES
This Agreement AMENDED AND SUBSTITUTED 28E AGREEMENT (“Agreement”)
is made and entered into as of the _____ day of _____________________, 20___, by and between
the City of Waukee (“the City”), located at 230 W. Hickman Road, Waukee, IA 50263, and
AHeinz57 Pet Rescue and Transport, Inc. (the “AHeinz57”) an Iowa nonprofit corporation located
at 4002 Ash Street, DeSoto, IA 50069.
WHEREAS, in accord with Chapter 28E and other relevant section of the Code of Iowa,
the City and AHeinz57 entered into a 28E agreement regarding animal shelter services, dated
November 25, 2020 and filed with the Iowa Secretary of State’s Office on December 10, 2020;
AND,
WHEREAS, the City and AHeinz57 desire to Amend and Substitute the Agreement in its
entirety with this Amended and Substituted 28E Agreement.
NOW, THEREFORE, the City and AHeinz57 agree to the Amended and Substituted 28E
Agreement as follows:
In accord with Chapter 28E and other relevant sections of the Code of Iowa, the AHeinz57
and the City enter into the following agreement regarding animal shelter services in conjunction
with City Animal Control.
SECTION 1 – PARTIES
1.1 AHeinz57 Pet Rescue and Transport, Inc. (the “AHeinz57”) is a non-profit, charitable
organization and has authority to enter into this Agreement. The AHeinz57 is dedicated to
helping care for homeless animals while providing rewarding programs for interim foster
care, permanent adoption and volunteers to assist with community humanitarian efforts.
1.2 The City of Waukee, Iowa is an Iowa municipal corporation and is a political subdivision
of the State of Iowa as defined under Iowa Code § 28E.2(2), and has the authority to enter
into this Agreement pursuant to Iowa Code § 331.301.
SECTION 2 – PURPOSE
Under this Agreement, the AHeinz57 will provide animal shelter, care and impoundment
services to the City of Waukee, Iowa, including impoundment which the City may be required to
provide pursuant to certain of its ordinances, ordinances of municipalities with which the City
contracts, or state law. This Agreement is a voluntary undertaking of the Parties. It is not the
intention of the Parties to create a new legal entity. No real or personal property shall be acquired,
held, or disposed of pursuant to this joint or cooperative undertaking.
SECTION 3 – DEFINITIONS
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3.1 “Animal” shall mean nonhuman vertebrate.
3.2 “Bite Animal” shall mean an animal that has bitten a human, provided that the bite
punctured the skin, without provocation.
3.3 “Cat” shall mean an animal fitting the scientific description of felis catus.
3.4 “Companion Animal” shall mean any animal owned, confined, controlled, or otherwise
kept as a pet, but shall not include any livestock as defined under Iowa Code § 717.1, or
any game, fur-bearing animal, fish, reptile, or amphibian as defined under Iowa Code §
481A.1.
3.5 “Dog” shall mean an animal fitting the scientific description canis lupus familiaris.
3.6 “Euthanasia” shall have the same meaning as defined under Iowa Code § 162.2(13).
3.7 “Parties” shall mean both the AHeinz57 Pet Rescue and Transport, Inc. and the City of
Waukee, Iowa.
3.8 “Livestock” shall mean an animal belonging to the bovine, caprine, equine, ovine, or
porcine species, ostriches, rheas, emus, farm deer as defined in Iowa Code § 170.1, or
poultry.
3.9 “Shelter Services” shall mean providing adequate nutrition, water, shelter, and medical
treatment to animals under the care of the AHeinz57.
SECTION 4 – TERMS
4.1 Animal Shelter Services Provided by AHeinz: The AHeinz57 agrees to do and perform
the following:
(1)Dog and Cat Shelter Services. The AHeinz57 shall provide Shelter Services to
dogs and cats delivered to its shelter location by the City;
(2)Other Animal Shelter Services. The AHeinz57 shall provide Shelter Services to
other species of animals, including Bite Animals, but only if the AHeinz57 has
property accommodations and is property licensed for that species;
(3)Holding Period & Automatic Transfer of Ownership. Unless the City instructs
otherwise, AHeinz57 shall retain animals brought to AHeinz57 by the City for ten
(10) days, or longer if so required by any state, county, or municipal law, ordinance,
rule or regulation applicable in the geographic area in which the animal was seized
(hereinafter referred to as the "Holding Period"). Once the Holding Period expires,
the City shall transfer ownership of the animal to AHeinz57. This paragraph does
not apply to “Bite Animals”;
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(4)Rabies Vaccination. Upon reclaim of a Dog or Cat, AHeinz57 shall require the
redeeming party to produce a current and valid rabies vaccination certificate for
the Dog or Cat. If the owner fails to do so, AHeinz57 shall administer a rabies
vaccination and charge the owner the rabies vaccination fee established by
AHeinz57;
(5)Attempt to Identify and Notify Owner. Upon receipt of an animal delivery by the
City and/or AHeinz57 staff, AHeinz57 shall first attempt to identify the owner of
the animal and notify the owner, if found, of the seizure of the animal as well as the
owner’s right to redeem the animal;
(6)Redemption of Impounded Animal by Owner. The owner of an animal impounded
at AHeinz57 shall have the right to redeem that animal, subject to the following
conditions:
i.City-Issued Release. AHeinz57 shall require the redeeming owner to
present a completed City of Waukee release;
ii.Boarding Fees and other costs. AHeinz57 shall charge and collect any
incurred boarding, veterinarian, vaccination or other fees directly from the
owner that it may incur prior to releasing the animal;
(7)Bite Animal Quarantine. Upon receipt of a Bite Animal, AHeinz57 shall keep the
Bite Animal under quarantine for ten (10) days. During that period, AHeinz57 shall
observe the Bite Animal for symptoms of rabies and other infectious diseases.
Quarantined Bite Animals shall be released or euthanized only as directed by the
City.
(8)Humane Euthanasia. For reasons of public safety, to relieve animal suffering or to
address highly contagious diseases and only after consultation with AHeinz57 staff
veterinarians and AHeinz57 behavioral staff, AHeinz57 may humanely euthanize
unclaimed, non-adopted animals. Additionally, AHeinz57 shall humanely
euthanize animals if ordered to do so by the City. Further any and all euthanasia
procedures performed by AHeinz57 staff shall be done in accordance with Iowa
Code § 162.2(13);
(9)Emergency Veterinarian Services. During regular business hours (Monday through
Friday, 8:00 a.m. to 5:00 p.m., excluding holidays), AHeinz57 shall provide the
services of a licensed veterinarian when, after consultation with the City, such
services appear necessary in an emergency. Outside regular business hours,
however, the City shall deliver any animals requiring emergency veterinarian
services to a 24-hour animal hospital;
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(10)Receipt of Dead Animals. AHeinz57 shall accept dead dogs/puppies and
cats/kittens of any size, and other animals not exceeding forty (40) pounds in
weight, for cremation and/or other appropriate disposal;
(11)After-Hours Delivery Cages. AHeinz57 shall have available two (2) clean, secure,
and lockable canine cages and two (2) clean, secure, and lockable feline cages with
litter boxes for after-hours deliveries, all of which supplied with fresh water;
4.2 City Animal Service Fee. In consideration for animal services provided by AHeinz57 the
City shall pay AHeinz57 a fee of $50100.00 per animal delivered by the City to AHeinz57.
4.3 Records Access. AHeinz57 shall keep intake information of strays from the City.
AHeinz57 shall make such intake information available to the City upon request. However,
the City shall not release any information about AHeinz57, its donors, adopters, or any
information the City may be privy to as a result of the Agreement, to any person or persons,
or other entities without the prior written consent of the Executive Director of AHeinz57
with the exception of records that are public records under Iowa Code Chapter 22, which
may include this Agreement.
4.4 Licenses and Compliance. AHeinz57 shall apply for, and maintain, all necessary and/or
applicable licenses, certifications and inspections relevant to current health, fire, safety,
and professional standards. AHeinz57 must immediately correct any deficiencies or
violations or take immediate action to seek variances. AHeinz57 shall comply with all
other applicable state, federal and local laws, ordinances, rules and regulations. Further
AHeinz57 shall not deny, restrict access to, or provide inferior services to any person, or
deny or restrict employment opportunities, including promotional opportunities, to any
applicant or current employee, on the basis of sex, age, race, national origin, religion,
sexual orientation, gender identify, or physical or mental disability.
4.5 Insurance. AHeinz57 shall acquire and retain throughout the term of this Agreement
suitable and sufficient insurance, and fidelity bonding, so as to protect it, its entire staff
including contract employees, its clients, the City and the general public against any loss,
injury, damage, or other liability arising from any wrongful or negligent act or omission in
connection with responsibilities assumed by the AHeinz57 under the terms of this
Agreement. AHeinz57 shall possess the following minimum insurance coverage during the
term of this Agreement: Commercial General Liability - $1,000,000.00 per occurrence and
$2,000,000.00 general aggregate; Medical Expenses (any one person) - $5,000.00;
Workers' Compensation - Statutory, as required by the State of Iowa; Employer's Liability
- $500,000.00 bodily injury per accident, $500,000.00 by disease, policy limit, and
$500,000.00 by disease, each employee; Excess / Umbrella Liability - $1,000,000.00 per
occurrence and annual aggregate limit. The City shall be named as "Additional Insured"
on the Commercial General Liability and Excess / Umbrella Liability insurance policies,
using the following language: "City of Waukee, Iowa, its Elected Officials, Employees,
Agents, and Assigns." AHeinz57 shall annually send an updated Certificate of Insurance
to the City for verification. The Certificate of Insurance shall identify the following: The
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insurance company firm name and address; AHeinz57’s business name and address;
insurance policy(s) number(s); policy period; type of policy and coverage; limits of
coverage; description of operations covered; certificate holder/“Additional Insured”; and
cancellation clause. AHeinz57 shall not cancel or lessen coverage limits on any insurance
policies in existence without first providing thirty (30) calendar days advanced written
notice to the City. The Parties expressly agree and state that the purchase of this policy of
insurance does not provide coverage for torts specified in Iowa Code § 670.4, and the City
does not waive any of the defenses of governmental immunity available to the City under
Iowa Code § 670.4 as it now exists and as it may be amended from time to time. The Parties
further expressly agree and state that the City may, at any time, assert any of the
governmental immunity defenses available to it without affecting the coverage afforded
under this policy. Any insurance policies listing the City as an "Additional Insured'' must
contain an endorsement with the above language related to any defenses of governmental
immunity.
4.6 Indemnification. The Parties shall indemnify and hold each other harmless against actions,
liabilities, loss, damages and expenses resulting from injury or death of any person or loss
of or damage to any tangible real or personal property to the extent that such injury, death,
loss or damage relates to or arises from:
(1)Any violation of this Agreement by either party;
(2)Any negligent acts or omissions of the parties, their officers, employees, agents,
board members, contractors or any other person in connection with this Agreement;
(3)The Parties performance of their respective duties under this Agreement;
(4)Any failure by the parties to comply with all local, state and federal laws and
regulations; and/or
(5)Any damage to property, real, personal, or other, by the dogs and cats, including
property of the staff, contractor, and/or third parties, which is not attributable to
negligence on the part of either party.
4.7 Duration and Termination. The term of this Agreement will commence upon the date the
Agreement is filed with the Secretary of State following approval and execution by both
parties.This Agreement shall be effective ____________________, 20____ through
______________________, 20____. The parties may agree to extend the term of this
Agreement at any time in writing. Further Eeither party may choose to terminate this
Agreement for any reason and at any time by either party upon at least one hundred and
eighty (180) days prior written notice. Such notice, or any other notice required or
permitted to be given hereunder, shall be addressed as follows:
If to AHeinz57
Executive Director
402 Ash Street
DeSoto, IA 50069
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If to the City:
City Clerk
230 W. Hickman Road
Waukee, IA 50263
Or to such other address as either party shall have notified the other party of, in writing.
Notice shall be deemed given when deposited with the U.S. Postal Services, registered or
certified, addressed as specified.
4.8 Independent Contractor. AHeinz57 is an independent contractor and in no event or
circumstance are any employees of AHeinz57 to be considered employees or agents of the
City, or receive any benefits from the City. Employees hired and volunteers acquired by
AHeinz57 to perform any and all of AHeinz57’s obligations related to this Agreement shall
be paid or compensated by AHeinz57 in accordance with the laws of the State of Iowa.
AHeinz57 shall also provide workers’ compensation and other statutory benefits to comply
with applicable state and federal laws.
4.9 This Agreement shall be administered on behalf of the City by the Waukee Chief of Police
or designee. The Agreement shall be administered on behalf of AHeinz57, and services
provided for hereunder shall be controlled and supervised by, the Executive Director of
AHeinz57. Upon approval by each party to this Agreement, this Agreement shall be
electronically filed by the City with the Secretary of State, pursuant to Iowa Code § 28E.8.
IN WITNESS THEREOF, this Agreement has been executed to be effective as set forth above.
CITY OF WAUKEE, IOWA AHEINZ57 PET RESCUE AND TRANSPORT,
INC.
By: _______________________________By: __________________________________
Courtney Clarke, Mayor Amy Heinz, Executive Director