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HomeMy WebLinkAboutD-1706-04 Hamilton County Stray Animal Care ServicesORDINANCE NO. D-1706-04 Sponsor: Councilor Sharp 200400066429 Filed for Record in HAMILTON COUNTY. INDIANA JENNIFER J HAYDEN 09-23-2004 At 01:16 ORDINANCE 29. O0 AN ORDINANCE OF THE COMMON COUNCIL OF THE 'CITY OF CARMEL~ INDIANA~ APPROVING AND ADOPTING INTERLOCAL AGREEMENT WHEREAS, Indiana Code 36-1-7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public health, safety dod welfare; and WHEREAS, Indiana Code 36-l-7-2 authorizes the Common Council to approve su~zh "interlocal agreements ' and WHEREAS, the "interlocal agreement" by and between the City of Cam~d, Indiana, and Hamilton County, Indiana, pertaining to the provision of stray animal care services, a copy of which is attached hereto and incorporated herein as Exhibit A ("lnterlocal Agreement"), is in the best interests of the City of Carmel and its residents. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Cam~el, Indiana, that: Section 1. The foregoing Recit~als are fully incorporated herein by this reference. Section 2. The lnterlodal Agreement should be and is hereby approved and adopted by the Common Council qfthe City @f Carmel, Indiana. Section 3. The Clerk-Treasnrer is hereby directed to file a copy of the interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods established by Indiana Code 36-1-7-6. Section 4. This Ordinance shall be in full force and effect from and after the date of' its passage, execution by the Mayor and such publication as is required by law. PASSED bythe Common Council ofthe Cit~ of Camml, Indiana this J*"rc~ay ,2004, by a vote of ,~5 ayes and (]) nays. ' (J 'Page One of Two Pages Pre¢ared by Douglas C. Haney, Carmel City Attorney Sponsor: Councilor Sharp COMMON COUNCIL FOR THE CITY OF CARMEL ~'qding Officer Ronald ~/C/~l~President Pro Tempore F~"-e~ick~~ _ :/o-sC .~. Griffiths ' tl Diana L. Cordray, IAMC, Clerk-~asure Brian D. Mayo Richard L. Sharp / J~eses~rainard, Mayor ,,~Presented by n~ to the May. or of the City of Carmel, Indiana, at ~.~¢Q6~' o'clock/, m. on the /'/day of (~C~ , 2004. - ~ , ~_~q ~t'~C~ r r Di~a L. Cordray, IAMC, Clerk-~su e Approve~by me, Mayor o~the City of Ca~el, Indi~a, at 1~ ~-~ o'clock ~. m. this _ ~O~ dayof ~~ ,2004. Diana L. Cor~erk-Treasurer Ordinance No. D- 1706-04 Page Two of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney EXHIBIT "A" INTERLOCAL AGREEMENT BETVVEEN THE CITY OF CARMEL, INDIANA, AND HAMILTON COUNTY, INDIANA, CONCERNING STRAY ANIMALS DELIVERED TO THE HAMILTON COUNTY HUMANE SOCIETY THIS AGREEMENT entered into on the dates set out herein, by and between Hamilton County, Indiana, ("the County") and the City of Carmel, Indiana, ("the City"); and, WITNESS THAT: WHEREAS, the County, and the Humane Society for Hamilton County, Inc., ("the Society") have entered into a Service Agreement for the calendar year 2004, for the Society to be compensated for costs associated with the care of certain stray animals, a copy of which Agreement is attached, ("the Service Agreement"); and, WHEREAS, the Service Agreement defines a "Participating Unit" as follows: "Participating Unit" is defined as the County, and any city, or town within the County which enters into an agreement to reimburse the County, the amount of One Hundred Fifty- seven Dollars and Forty-four Cents ($157.44) per animal for each Stray Animal, which is received by the Society; and, WHEREAS, the Service Agreement defines the term "Stray Animal" as follows: "Stray Animal" is defined as: 1) an animal delivered to the shelter from a law enforcement officer of a Participating Unit; or 2) an animal which is delivered to the shelter by a resident of a Participating Unit, which is not owned or controlled by the resident, but is delivered by the resident in order that the animal may be treated humanely; and, WHEREAS, the City of Carmel desires to enter into an agreement to be a Participating Unit as defined in the Service Agreement, to permit its law enforcement officers and citizens to deliver Stray Animals to the Society; and to be obligated to reimburse the County the amount of One Hundred Fifty-seven Dollars and Forty-four Cents ($157.44) per animal for each Stray Animal as defined in the Service Agreement. IT IS THEREBY AGREED by the County and the City as follows: 1. The City agrees to reimburse the County the amount of One Hundred Fifty-seven Dollars and Forty-four Cents ($157.44) for each Stray Animal which is either: a) delivered to the Society by a law enforcement officer of the City; or b) an animal which is delivered to the Society by a resident of the City, which the animal is not owed or controlled by the resident but is delivered by the resident in order that the animal may be treated humanely. 2. The Hamilton County Auditor, shall cause the list of Stray Animals provided to the County by the Society to be delivered to the City monthly. The City shall, reimburse the County the amount for the Stray Animals chargeable to the City at the rate of One Hundred Fifty-seven Dollars and Forty-four Cents ($157.44). 3. The parties agree that they have been operating under the terms of this Agreement since January 1,2004, and this Agreement shall be effective for all Stray Animals delivered from the City to the Society for the calendar year 2004. 4. All other terms of the Service Agreement concerning the treatment of Stray Animals by the Society are incorporated herein by reference. 5. In the event there is a dispute between the Participating Unit, the Society, or the County concerning any of the terms contained herein, the parties agrees that there Shall be a meeting held within ten (10) days of wdtten notice of that dispute between the President of the Society, a designee of the Board of Commissioners of Hamilton County, and a designee of the City to attempt resolution of said dispute. 6. In the event any dispute is not resolved pursuant to paragraph 5 above, the parties agree to submit said dispute to mediation pursuant to the Indiana Rules of Alternative Dispute Resolution prior to initiating any lawsuit. ALL OF WHICH IS AGREED by and between the City and the County on the dates set out herein. Dated: ATTEST: BOARD OF COMMISSIONERS OF N COUNTY HAMIL~ Steven"A. Robin M. Mills, Auditor day of PASSED by the Common Council of the City of Carmel, Indiana, this (.~C~ ,2004, by a vote of .~ ayes and (~") nays. U COMMON COUNCIL OF THE CiTY OF CARMEL P~i~'ing ~fficer NoT- Ronald E. Carter, President Pro Tempo~ · Griffi{hs" // Brian D. Mayo NOT ATTEST: Diana L. Cordray, IAMC, ~.~TTreasurer 2004· by me to the Mayor of the City of Carmel, Indiana, the ~[ day of Diana L. Cordray, IAMC, C~ Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this ~qo'/4' day of ~<~:~', 2004. D~i~na L. Cordray~k-Treasurer J~'es Brainard, Mayor HUMANE SOCIETY FOR HAMILTON COUNTY SERVICE AGREEMENT This Agreement, made and entered into this 26th day of January, 2004, by and between the Hamilton County, Indiana, a municipal corporation, (hereinafter referred to as the "County"), and the Humane Society for Hamilton County, Inc., an Indiana non-for-profit corporation, (hereinafter referred to as the "Society"). WITNESSETH: WHEREAS, the Society and the County wish to set forth an arrangement by which the Society will provide services to residents of the County. NOW THEREFORE in consideration of the mutual covenants and conditions set forth herein below, the parties hereby agree as follows: The term of this Agreement shall be from January 1,2004 to December 31,2004. 2. Definitions. a. "Participating Unit" is defined as the County, and any city, or town within the County which enters into an agreement to reimburse the County, the amount of One Hundred Fifty-seven Dollars and Forty-four Cents ($157.44) per animal for each Stray Animal, which is received by the Society. b. "Stray Animal" is defined as: 1) an animal delivered to the shelter from a law enforcement officer of a Participating Unit; or 2) an animal which is delivered to the shelter by a resident of a Participating Unit, which is not owned or controlled by the resident, but is delivered by the resident in order that the animal may be treated humanely. 3. The amount to be paid by the County to the Society shall be One Hundred Fifty-seven Dollars and Forty-four Cents ($157.44) per Stray Animal as defined herein. The total paid shall not exceed Two Hundred Ninety-three Thousand Dollars ($293,000),for the calender year. During the first six months of 2004, the Society shall be paid the amount of Twenty-two Thousand Seven Hundred Fifty Dollars ($22,750) monthly toward the obligation of the Participating Units. 4. The Humane Society shall continue to maintain and provide the County with a monthly list of Stray Animals delivered to the shelter from the unincorporated area of the County and the incorporated areas of the Participating Units. In the last six (6) months of 2004, the monthly payments shall be adjusted in the event the number of Stray Animals received by the Society during the first six (6) months is greater or less than Eight Hundred Sixty-seven (867). In that event, the monthly payments due from the County to the Society shall be adjusted to a monthly payment equal to the monthly average number of Stray Animals during the first six (6) months times One Hundred Fifty-seven Dollars and Forty- four Cents ($157.44), but in no event more than Twenty-six Thousand Eighty-three Dollars and Thirty-three Cents ($26, 083.33) per month. Within thirty (30) days of the end of the year, the County shall pay any additional amounts due to the Society at the rate of One Hundred Fifty-seven Dollars and Forty-four Cents ($157.44) per animal, but in no event shall the total amount paid for Stray Animals received in 2004 be greater than Two Hundred Ninety-three Thousand Dollars ($293,000). 5. In the event the Society receives animals to be held pursuant to a Court Order, payments for those animals shall be in addition to the per animal payments set out in Section 3 and 4 above, subject, however, to appropriation if the total payments to the Society in 2004 exceed Two Hundred Ninety-three Thousand Dollars ($293,000). The County agrees to seek said appropriation. The Society agrees to attempt to mitigate Court ordered costs in conformance with the prior agreements between the County and the Society. 6. A monthly payment of Twenty-two Thousand Seven Hundred Fifty Dollars ($22,750) per month shall continue after December 2004, until this Agreement is terminated or modified, subject, however, to funding by appropriation. 7. Termination. This Agreement may be terminated as follows: a. Unilateral termination. Either party may unilateral terminate this Agreement upon sending wdtten notice of such intent to the other party at least sixty (60) days prior to the termination date. b. Termination by agreement. In the event the Society and the County shall mutually agree in writing, this Agreement may be terminated on those terms and date as stipulated therein. c. Termination for breach. Either party as a result of a breach of any of the provisions or terms of this Agreement may terminate this Agreement. In order to terminate pursuant to this provision, the non- breaching party shall provide a written notice to the other party outlining the breach. If the breaching party does not then cure such breach within the succeeding thirty (30) day period or initiate a good- faith effort to cure said breach, then the non-breaching party may terminate this Agreement at any time after such thirty (30) day period upon written notice to the breaching party.