HomeMy WebLinkAbout2025-03-17 I01G_01 28E Agreement_Animal Shelter ServicesAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 17, 2025
AGENDA ITEM:Consideration of approval of a resolution approving 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: The Waukee Police Department currently maintains a
28E agreement with AHeinz57 Pet Rescue and Transport, Inc. for animal
control services. On December 27, 2024, Amy Heinz (the owner of
AHeinz57) sent a letter stating her intent to terminate the 28E agreement
on the basis of AHeinz57 no longer accepting cats. As a result, the
Waukee Police Department conducted research on various options,
however the best option for our community was to enter a new 28E
agreement with AHeinz57 for animal control services related to dogs
only. As a result, the Waukee Police Department will no longer respond
to stray or contained cats and those residents will be referred to Iowa
Department of Natural Resources Nuisance Wildlife Control Operators
or they will need to identify a shelter for those cats at their own will.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
AHeinz57 has agreed to maintain the current rate of $100 per dog which is picked up and housed
by AHeinz57 in concert with the new 28E agreement. Additionally, AHeinz57 will continue to
provide field services where they will respond and collect dogs which are secured by Waukee
Police Officers, reducing the resource allocation of sworn officers to animal complaints.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve Agreement.
ATTACHMENTS: I. 28E with the AHeinz57
PREPARED BY:Chad McCluskey, Police Chief
REVIEWED BY:Brad Deets, City Administrator
Steve Brick, City Attorney
I1G1
THE CITY OF WAUKEE, IOWA
RESOLUTION 2025-
APPROVING 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, on September 6, 2022, the Waukee City Council approved an amended and
substituted Chapter 28E agreement (Resolution #2022-365); AND,
WHEREAS, on December 27, 2024, in accordance with provisions within the Chapter 28E
agreement, AHeinz57 Pet Rescue and Transport, Inc., provided written notice stating the intent
to terminate the agreement as that organization will no longer accept cats as required by the
agreement; AND,
WHEREAS, the Waukee Police Department recommends entering into a new Chapter 28E
agreement with AHeinz57 Pet Rescue and Transport, Inc., to provide shelter, care and
impoundment services for dogs only;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the City of
Waukee hereby approves the 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 17th day of March,
2025.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg
Chris Crone
Rob Grove
Anna Bergman Pierce
Ben Sinclair
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CHAPTER 28E AGREEMENT BETWEEN THE CITY OF WAUKEE, IOWA AND THE
AHEINZ57 PET RESCUE AND TRANSPORT, INC. FOR ANIMAL SHELTER
SERVICES
This 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.
In accord with Iowa Code Chapter 28E and other relevant sections of the Code of Iowa,
AHeinz57 and the City enter into the following agreement regarding animal shelter services in
conjunction with City of Waukee 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. 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, AHeinz57 will provide animal shelter, care and impoundment
services related to dogs for 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
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.
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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 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 as required 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 Shelter Services. AHeinz57 shall provide shelter services to dogs delivered
to its shelter location by the City of Waukee;
(2) Field Services. AHeinz57 shall respond to the City of Waukee to take custody of
any animal, excluding cats, once requested by the City of Waukee. Such custody
may be at the location the animal was found or at the Public Safety facility
depending on the specific circumstances of each animal.
(3) Exclusion of cats. AHeinz57 is not responsible for shelter services related to cats
under this agreement.
(4) Other Animal Shelter Services. 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;
(5) Holding Period & Automatic Transfer of Ownership. Unless the City instructs
otherwise, AHeinz57 shall retain animals brought to AHeinz57 by the City of
Waukee 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 of Waukee shall transfer ownership of the animal
to AHeinz57. This paragraph does not apply to “Bite Animals;”
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(6) Rabies Vaccination. Upon reclaim of a Dog, AHeinz57 shall require the
redeeming party to produce a current and valid rabies vaccination certificate for
the Dog. If the owner fails to do so, AHeinz57 shall administer a rabies
vaccination and charge the owner the rabies vaccination fee established by
AHeinz57;
(7) Attempt to Identify and Notify Owner. Upon receipt of an animal delivery by the
City of Waukee 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;
(8) 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;
(9) 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 of Waukee.
(10) Emergency Veterinarian Services. AHeinz57 shall facilitate the services of a
licensed veterinarian when, after consultation with the City of Waukee, such
services appear necessary in an emergency;
(11) 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;
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(12) After-Hours Delivery Cages. AHeinz57 shall have available two (2) clean, secure,
and lockable canine cages for after-hours deliveries, 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 $100.00 per animal delivered to AHeinz57 by the City of
Waukee.
4.3 Records Access. AHeinz57 shall keep intake information of strays from the City of
Waukee. AHeinz57 shall make such intake information available to the City of Waukee
upon request. However, the City of Waukee shall not release any information about
AHeinz57, its donors, adopters, or any information the City of Waukee 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 suitable and sufficient insurance throughout
the term of this Agreement, and fidelity bonding, so as to protect it, its entire staff including
contract employees, its clients, the City of Waukee 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 of Waukee 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 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
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written notice to the City of Waukee. The Parties expressly agree and state that purchase
of this insurance policy by Aheinz57 does not provide coverage for the City of Waukee
for torts specified in Iowa Code § 670.4, and the City of Waukee does not waive any of the
defenses of governmental immunity available to the City of Waukee 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 of Waukee 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 of Waukee 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, 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. 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 either 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
If to the City:
City Clerk
230 W. Hickman Road
Waukee, IA 50263
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