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CCR2005185, , , COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #185-2005 APPROVAL OF AGREEMENT BETWEEN THE CITY OF MUSKEGO AND HUMANE ANIMAL WELFARE SOCIETY (HAWS) BE IT RESOLVED that the Common Council of the City of Muskego, upon recommendation of the Finance Committee, does hereby approve the attached Service Agreement between the Humane Animal Welfare Society (HAWS) of Waukesha County, Inc. and the City of Muskego for a one-year period from January 1,2006 until December 31,2006. WHEREAS, An annual fee of $3,581 shall be remitted to HAWS with no additional fees charged for services, according to the terms of the Agreement; and NOW, THEREFORE, BE IT RESOLVED That the Mayor is authorized to execute said Agreement in the name of the City. DATED THIS 11th DAY OF OCTOBER , 2005. SPONSORED BY: FINANCE COMMITTEE Ald. Bob Melcher Ald. Nancy Salentine Ald. Eileen Madden This is to certify that this is a true and accurate copy of Resolution #185-2005 which was adopted by the Common Council of the City of Muskego. . SERVICE AGREEMENT This Agreement is entered in to this 1st day of January, 2006 (hereinafter "Effective Date") by and between the Muskego, City, existing under the laws of the State of Wisconsin, with its principal offices located at PO Box 749, Muskego, 53150- 0749, (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, abandoned, neglected, abused or injured animals, hereinafter "Services", 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 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. Town law enforcement personnel may have access to the stray drop off area 24 hours per day. 1.2 HAWS ANIMAL TRANSPORTATION: HAWS agrees to pick up stray, abandoned or injured domestic animals and sick or injured wildlife (which pose a heÍùth hazard to the public) and transport said animals. Animal transportation shall be provided 24 hours a day, seven days a week including holidays. 1.3 HUMANE CARE: All animal~) received by HAWS from Municipality, shall be provided with shelter, food, water and necessary health care services, in accordance with state laws. . 1.4 SPECIAL ANIMALS SERVICES: HAWS will maintain a quarantine facility for any animal delivered to HAWS for having bitten a person. Quarantine will be for a period of ten days in accordance with state law. In cases of animal abuse or neglect, HAWS shall provide Humane Care to the animal for a period of seven days. The Municipality may request HA WS to continue to board an animal beyond these standard periods. Requests should be made in writing with a time period jointly agreed upon. 1 . 1.5 RECLAIM: In the event an owner reclaims a lost anitna4 HAWS will collect and receive any and all fees associated with boarding, pick up and transportation charges :from the owner. These fees shall be the property of HAWS. HAWS will collect and transfer municipal fines as requested. 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 be released from HAWS without this proof. 1.6 DISPOSITION: Domestic animals may be placed up for adoption after evaluation. HAWS shall have sole right to determine an animal's suitability for placement. To control the population of animals in the Municipality, and to provide for the health of the animals, animals will be sterilized, microchipped, and vaccinated. Any animal HAWS determines is unsuitable for adoption shall be humanly euthanized. . 1.7 EMERGENCY RESCUE: HAWS shall provide Emergency Rescue services to animals in the Municipality during the 24-hour time agreement. In an emergency situation HA WS shall remove the animal from the situation and provide immediate medical care to relieve pain and sustain the animal's life. Animal" requiring veterinary services will be transported to an emergency veterinary facility when poSSlble. Following rescue, HAWS shall also provide rehabilitative services for said animal, where possible. HA WS will employ staff trained in emergency animal capture procedures and provide equipment for such services. 1.8 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 the Citizen. 1.9 FACILITY ACCESS: HAWS shall maintain a clean and accessible facility for citizens to avail themselves of the Services described herein. ~uch facility shall be open to the public on a regular posted schedule, which may be revised by HAWS, as needed. 1. 10 RECORDS: HAWS shall maintain records of all Services descn"bed herein, which shall be made available to Municipality upon written request. 1.11 STATE LAWS: HAWS shall comply with all state and federal laws concerning its operations, services and facilities. 2. FEES . 2.1 HAWS agrees to service Muskego, City for an annual fee of $3.581 per year. No additional fees will be charged to the municipality for services. 2 . . . 2.2 Fees shall be paid by Municipality to HA WS on an annual basis. Municipality shall remit such fees to HAWS within 45 days of the Effective Date of this Agreement or from the date of invoice, or in accordance with prior arrangements made with HAWS. 3. TERM AND TERMINATION 3.1 This Agreement shall be in full force and effect until December 31, 2006 and shall automatically renew for one-year terms thereafter (hereinafter "Renewal Date"). 3.2 This Agreement may be terminated by either party upon providing 60 days "vritten 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, files a petition for bankruptcy, makes an assignment for the benefit of creditors, or someone files a petition of involuntary bankruptcy on behaJf of the party. Dated this / X-th day of Or.+ober ,2005 Humane Animal Welfare Society of Waukesha County, Inc. ~~~ By: Mark Hess, Operations Manager ~ý~~ By: Municipal Official Mayor Charles Damaske 3