CCR2002154COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #154-2002
APPROVAL OF AGREEMENT BETWEEN THE CITY OF MUSKEG0
AND HUMANE ANIMAL WELFARE SOCIETY (HAWS)
BE IT RESOLVED that the Common Council of the City of Muskego, upon the
recommendation of the Finance 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 one-year period from December 1, 2002.
BE IT FURTHER RESOLVED That the Common Council of the City of Muskego, upon
the recommendation of the Finance Committee, elects not to incorporate the
emergency rescue services outlined in Addendum B.
BE IT FURTHER RESOLVED that the Clerk-Treasurer and Mayor are authorized to
execute said Agreement in the name of the City.
DATED THIS 23rd DAY OF Julv ,2002.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #154-2002 which
was adopted by the Common Council of the City of Muskego.
SERVICE AGREEMENT
This Agreement is entered in to this 1st day of December, 2002 (hereinatter
“Effective Date”) by and between the City of Muskego, (municipality name), existing
under the laws of the State of Wisconsin, with its principal ofices located at W182
S8200 Racine Ave., Muskego, WI. 53150, (hereinafter “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
“HAWS).
WHEREAS, the Municipality is seeking services related to the care, management,
sterilization, and placement of stray or abandoned animals hereinafter “Services”, and
education of its citizens’ on such Services; and
WHEREAS, HAWS is an organization offering such Services and willing to
provide such Services to Municipality;
NOW THEREFORE BE IT RESOLVED, the following document sets forth the
terms and conditions for the provision of such Services and related consideration, the
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. SERVICES
1.1
1.2
1.3
1.4
ANIMAL DROP OFF SERVICES: HAWS agrees to accept animals as
they are delivered to HAWS by the officials of the Municipality and/or
citizens, during normal operating hours, unless Municipality wishes to
adopt Addendum B, attached hereto.
HAWS ANIMAL TRANSPORTATION: HAWS agrees to pick up
animals and transport animals found within the Municipality. Animal
transportation shall be provided during normal operating hours, unless
Municipality wishes to adopt Addendum B, attached hereto.
HUMANE CARE: All animals, received by HAWS from Municipality,
shall be provided with shelter, food, water and necessary health care
services.
SPECIAL mA&S SERVICES: Any animal delivered to-HAWS for
having bitten a person, shall be quarantined for a period of ten days in
accordance with state law. This shall hrther include any cases of animal
abuse of neglect, wherein HAWS shall provide Humane Care to the
animal for a period of seven days. If Municipality requests HAWS
continue to board animal beyond these standard periods, additional fees
shall be assessed as described in Addendum A, attached hereto and
incorporated herein.
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1.5 ADOPTION PROGRAM: All animals received by HAWS shall be
provided with Humane Care as described in Section 1.3 above for a period
of seven days (hereinafter “Waiting Period). This period will provide the
original owner time to reclaim the animal. If an animal is dropped off by a
citizen of Municipality, for circumstances other than those described in
Section 1.4, the Waiting Period may be waived.
a. EVALUATION: Following the Waiting Period or waiver, all
animals shall be evaluated by HAWS for potential placement with
a new owner HAWS shall have the sole right to determine an
animal’s suitability for placement.
b. PLACEMENT: All animals determined by HAWS to be suitable
for placement, shall be made available for public adoption,
following the Evaluation. HAWS shall investigate the background
and character of any person applying to adopt an animal. HAWS
shall have the sole right to determine an applicant’s suitability to
adopt a particular animal. HAWS reserves the right to charge fees
for any adopted animal.
C. ANIMAL CONTROL. In an effort to control the animal
population in Municipality, and provide for the health of the
animal, all animals placed for adoption by HAWS shall be
sterilized, micro chipped and vaccinated.
d. EUTHANIZATION: Following the Waiting Period or waiver, any
animal which HAWS determines is unsuitable for adoption shall
be euthanized by HAWS. This act shall be performed in a humane
manner.
e. ONGOING MONITORING: Once an animal is placed for
adoption with a new owner, HAWS shall perform ongoing
monitoring of the quality of care the animal is receiving. HAWS
reserves the right to remove 60m the home, any animal placed for
adoption by HAWS. Further, in circumstances involving animal
cruelty, HAWS shall report such incidents to the -appropriate
authorities ofMunicipality.
1.6 ANIMAL REDEMPTION: Any citizen of Municipality having lost an
animal which has been brought to HAWS, may reclaim such animal by
coming to the HAWS facility during normal operating hours. At such
time, HAWS shall require the citizen to provide proof of animal licensure
and proof of any vaccinations required under state law. No animals shall
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1.7
1.8
1.9
1.10
1.11
1 12
be released from HAWS, without this proof HAWS reserves the right to
charge fees for any redeemed animal.
EMERGENCY RESCUE: HAWS shall provide Emergency Rescue
services to Municipality upon request ofMunicipality or its citizens during
normal operating hours, unless Municipality elects to incorporate the
provisions of Addendum B. In an emergency situation HAWS shall
remove the animal from the situation and provide immediate medical care
to relieve pain and sustain the animal’s life. Following rescue, HAWS
shall also provide rehabilitative services for said animal, where possible.
EUTHANASIA SERVICES: HAWS shall provide euthanasia and
cremation services to citizens of Municipality, upon request of such
citizen. Any fees associated with this process, shall be paid by Citizen.
EDUCATION: HAWS shall provide educational training and information
to the citizens of Municipality on the following subjects:
a.
b.
d.
e.
f.
g. h.
C.
I.
j. k.
1.
Puppy care and vaccinations
Cat care and vaccinations
Dog obedience training
Bereavement and loss of a pet
Animal therapy for the disabled and elderly
Pet behavioral training
Rabbit care
Animal population control and sterilization
Wildlife and human cohabitation
Violence prevention
Animal rights advocacy
Any other programs as needed
HAWS will further provide specialized programs to organizations and
schools, as requested.
FACILITY ACCESS: HAWS shall maintain a clean and accessible
facility for citizens to avail themselves of the Services described herein.
Such facility shall be open to the public on a regular posted schedule,
which may be revised by HAWS, as needed.
RECORDS: HAWS shall maintain records of all Services described
herein, which shall be made available to Municipality upon written
request.
STATE LAWS: HAWS shall comply with all state and federal laws
concerning its operations, services and facilities.
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2.0 FEES
2.1 All fees shall be paid in accordance with Addendum A, attached
hereto and incorporate herein, and if elected by Municipality, the
provisions of Addendum B shall also be incorporated.
2.2 Fees shall be paid by Municipality to HAWS on an annual basis,
with the exception of those described in Section 1.4. HAWS shall
provide Municipality with an invoice for Special Animal Services
within 30 days from the time of request. Municipality shall remit
such fees to HAWS within 45 days of the Effective Date of this
Agreement or 60m the date of invoice.
2.3 HAWS shall have the unilateral right to amend the fees contained
in Addendum A, upon providing Municipality 120 days written
notice, prior to the Renewal date.
3.0 Term and Termination
3.1 This Agreement shall be in full force and effect for one year from
the Effective Date, and shall automatically renew for one-year
terms thereafter (hereinafter “Renewal Date”).
3.2 This Agreement may be terminated by either party upon providing
90 days written notice to the other party prior to Renewal Date.
3.3 This Agreement may be immediately terminated by either party
should the other party become insolvent, tiles a petition for
bankruptcy, makes an assignment for the benefit of creditors, or
someone files a petition of involuntary bankruptcy on behalf of the
Party.
3.4 Addendum B may be terminated by either party upon providing 90
days written notice to the other party, prior to the Agreement
Renewal Date.
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0 /
Dated this 2-C. k day of 3 bW ,2002
Humane Animal Welfare Society Municipality Name
of Waukesha Cound Inc. a Municipal Corporation WL By: ay lankenship, xecutive Director By:
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ADDENDUM A
As consideration for the Services described in the Agreement, Municipality shall
pay HAWS an annual fee of $3,100.00,.
If Municipality requests additional boarding of an animal under Section 1.4 of the
Agreement, Municipality shall pay HAWS $1 1.55 per day.
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ADDENDUM B
Municipality hereby requests that HAWS provide 24 hour access for the Services
described in Section 1 1 on Animal Drop OfF, Section 1.2 on Animal Transportation, and
Section I 7 on Emergency Rescue Services.
This option may be elected at anytime by Municipality upon execution of this Addendum
B. Within 30 days following HAWS receipt of such signed Addendum B, HAWS shall
make such 24 hour access available to Municipality and shall provide an invoice for the
additional fees. Further, HAWS shall provide Municipality with a written explanation of
how such 24 hour services may be utilized.
In consideration for HAWS providing 24 hour access, Municipality shall pay $3 10.00 in
addition to their annual fee. Payment for this option shall be made at the same time as
payment of the annual fee, unless this option is elected mid-contract-year, then such fee
shall be prorated reflecting the time remaining on the current contract term, within 30
days of request. e Termination of this Addendum may only be effected in concurrence with the terms of
Section 3.4.
Dated this day of ,20 -
Municipality Name
a Municipal Corporation
By: