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CCR2001131COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #131-2001 APPROVAL OF AGREEMENT BETWEEN THE CITY OF MUSKEGO AND HUMANE ANIMAL WELFARE SOCIETY (HAWS) FOR THE PERIOD JULY 1,2001 -JUNE 30,2002 BE IT RESOLVED that the Common Council of the City of Muskego. upon the recommendation of the Public Services Committee, does hereby approve the attached agreement between the Humane Animal Welfare Society (HAWS) of Waukesha County, Inc. and the City of Muskego for a period from July 1.2001 to June 30,2002. BE IT FURTHER RESOLVED that the Clerk-Treasurer and Mayor are authorized to execute said Agreement in the name of the City. DATED THIS 10TH DAY OF JULY ,2001 SPONSORED BY: PUBLIC SERVICES COMMITTEE Ald. Patrick Patterson Ald. Chuck Wichgers Ald. Rick Petfalski This is to certitj that this is a true and accurate copy of Resolution #131-2001 which was adopted by the Common Council of the City of Muskego. &K. MA -Treasurer ' 7/0ljmb THIS AGREEMENT, entered into by and between the CITY OF MUSKEGO, a municipal corporation organized and principal offices located at W182 S8200 Racine Avenue, existing under the laws of the State of Wisconsin, with Muskego, Wisconsin 53150, hereinafter referred to as the Municipality), and the Humane Animal Welfare Society of Waukesha County, Inc., a Wisconsin corporation, with principal offices located at 701 Northview Road, Waukesha, Wisconsin, (hereinafter referred to as H.A.W.S.) strayed,injured, abandoned or unattended animals, and is WHEREAS, the Municipality from time to time acquires desirous of a proper place to deposit such animals where they will receive humane care, and other things, to the care of animals and has the facilities to provide for proper care in a humane way for strayed, abandoned or unattended animals, WHEREAS, H.A.W.S. is an organization devoted, among herein contained, the parties agree as follows: NOW THEREFORE, in consideration of the covenants 1 H A,W.S. agrees to accept for shelter animals as they are delivered to H A W.S. by the officials of the Municipality and/or citizens who find stray animals within the Municipality and provide the animals with food, shelter, water, and humane care 0 for the Municipality to H.A.W.S. shelter. Animals will be 2. H.A.W.S. agrees to pick up and transport animals transported during H.A.W.S. normal operating hours which are 9 a.m. to 5 p.m., Monday through Saturday, and Sunday from 1 to 5 p.m.. A charge of Nineteen Dollars ($19 00) per trip and Forty-Four Cents ($ 44) per mile will be assessed in addition to normal boarding charges as explained in item #4 of this Agreement. 3. For the purpose of this Agreement a day shall be defined as and mean the care of one animal for twenty-four hours, providing for said animal, shelter, food, water and humane care 4 The Municipality shall pay H.A.W S the sum of H A W.S from the Municipality. In the event that the $10 50 per day for each and every animal delivered to animal is not redeemed by the owner, the Municipality period of seven days. The total charges assessed against shall be liable only for the care of said animal for the the Municipality shall not exceed the sum of $73.50 for boarding plus a $19.00 pick-up fee plus $.44 cents per - 1B- mile for miles traveled if H A.W S. picked up the animal. In the event an animal is kept longer than that period of except; time, it shall be at the expense and cost of H.A.W.S. case the animal shall be quarantined for ten days in accordance with the State Rabies Control Program, State boarding fees during the quarantine period and for normal Statute 95 21. The municipality shall be liable for costs incurred for testing suspect animals for rabies if testing is ordered by the victim's physician a. If the animal has bitten a person, in which I b. than seven days at the request of the municipality or Police Department in which case the municipality shall be liable for boarding fees until a release order is issued by the municipality or police department. If H.A.W.S is holding the animal longer 1 5. In the event that the animal is redeemed by the owner, H.A.W.S. shall collect all fees associated with the municipal charges due prior to release of the animal to transportation, redemption, boarding, handling and/or any its owner or the owner shall present H.A.W.S proper receipt from the Municipality for the payment of a $19.00 mile for miles traveled if H.A.W S. picked up the animal redemption fee, a $19.00 pick-up fee along with a .44 per plus boarding charges in connection with the redemption prior to the release of the animal by H.A.W S. If the animal is a dog or cat, H,A.W S. shall require proof of licensing, proof that the animal is currently immunized against rabies or presentation of a pre-paid receipt from a veterinary clinic before release of an animal to its owner. 0 regarding the animals placed pursuant to this Agreement which shall be open and available to inspection by the Municipality through its employees and agents at all reasonable times, and H.A,W.S shall as soon as practicable after the end of each month during the life of an itemized statement to the Municipality, and the this Agreement, or extensions or renewals thereof, submit Municipality agrees to remit payment to H.A.W.S. of the amount specified within ten days, unless the Municipality questions the correctness of the statement, in which case the parties agree to expeditiously as possible, resolve the controversy with a view toward prompt payment and without undue delay 6. H A W.S shall keep good and accurate records -2B- regulations and statutes of the State of Wisconsin, and 7. H.A.W.S agrees to comply with all the rules, the municipal codes of the Municipality as those statutes, rules, regulations and provisions of the code pertain to the keeping and releasing of animals to their owners. 8. In the event H.A.W.S. becomes insolvent, files a petition of bankruptcy, makes an assignment for the benefit of creditors, or a petition of involuntary bankruptcy is filed against H.A.W S., then and in that event this Agreement shall become null and void at the option of the Municipality. 9. This agreement shall be effective for a period of One 2002. (1) year commencing on July 1, 2001 and ending on June 30, Dated this day of , 2001. A MUNICIPAL CORPORATION CORPORATE SEAL BY HUMANE ANIMAL WELFARE SOCIETY OF WAUKESHA COUNTY, INC. fl CORPORATE SEAL -3B-