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HomeMy WebLinkAboutCity of Carmel/Humane Society 2012 Service agreementfollows: AGREEMENT BETWEEN THE CITY OF CARMEL, INDIANA, AND THE HUMANE SOCIETY FOR HAMILTON COUNTY, INC. Service Agreement 2012 WITNESSETH: This Agreement in entered into by the City of Carmel, Indiana, a municipal corporation (hereinafter, the "City by and through its Board of Public Works and Safety, and 'the Humane Society for Hamilton County, Inc., an Indiana not -for- profit corporation (hereinafter, the "Society WHEREAS, the Society operates a shelter for unwanted animals of Hamilton County located at 1721 Pleasant Street, Suite B, in Noblesville, Indiana (the "Shelter and WHEREAS, the City desires a location to which it can bring stray or unwanted animals for humane treatment; and WHEREAS, the Society and the City now wish to set forth an arrangement by which the Society will provide shelter and treatment for animals brought to it by the City or its residents. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth below, the parties agree as 1. Term. The term of this Agreement shall be from January 1, 2012 to December 31, 2012 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed in writing by the parties hereto. 2. Definitions. Unwanted animal" is defined as (1) an animal delivered to the Society by a City law enforcement officer, or (2) an animal which is delivered to the Shelter by a City resident, whether or not it is owned or controlled by such resident. 3. Services to be provided. The Society will provide shelter for all unwanted animals delivered to it by the City and /or City residents during calendar year 2012 for the total compensation sum set forth in Paragraph 4 below. Any costs of care of the unwanted animals beyond the compensation sum set forth in Paragraph 4 below, as well as the costs of unusual medical care and spay or neuter surgery for the animals (except for special court- ordered cases), will be borne by the Society. 4. Compensation for Services. In exchange for the services provided by the Society to the City pursuant to this Agreement, the City agrees to compensate the Society the total sum of Seventy -Five Thousand Nine Hundred Thirty -Two Dollars and Fifty -One Cents ($75,932.51), to be paid in twelve (12) equal monthly installments of Six Thousand Three Hundred Twenty -Seven Dollars and Seventy -One Cents (6,327.71) each, commencing in January, 2012. Each such payment shall be made available for pick -up by the Society or by wire transfer on or before the 5 business day of each 1 C:IDocuments and Settings\RebeccalLocal Settings\Temporary Internet Files \Content.1E51QGPPTK2R HUMANE %20S OCIETY%20S ervice %20Agreement %202012 1 ].docxgnai2oi 1 4:24 PM month. Should this Agreement continue in effect beyond December 31, 2012, the annual compensation for the services provided hereunder shall be agreed upon in writing by the parties in a document attached hereto on or before the last business day of the year immediately preceding the year for which such compensation shall be effective. If no such compensation modification is timely agreed upon by the parties hereto, the existing compensation shall continue for the succeeding calendar year. Neither party will be penalized at year end should the number of animals exceed the annual budgeted amount, nor if the number of animals is less than the budgeted annual amount. 5. Reports and Audits. The Society will provide the City with regular reports regarding the unwanted animals delivered to the Society and will fully cooperate with any audit required by state or federal law, the City, and /or the Indiana State Board of Accounts or their respective designees. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Alor`Pfle&41.-1 James Brainard, Presiding Officer Da ary n Burke, Member Date: Lon S. .t on, Membe Date: L l ATTES AGREED to this day of Dana Cordray, IMCA, pl. Treasurer bate: -o- BY Printed Nam Date: Sandra M. Johnson, Deputy Clerk for HUMANE SOCIETY FOR HAMILTON COUNTY, INC. Signature of Authorized Representative Printed Name and Title Date: Prepared by Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032. 2 tativ C:IDocuments and Settings\RebeccalLocal Settings\Temporary Internet Files \Content.1E51QGPPTK2R HUMANE %20 S O CIETY %20 Service %20Agreement %202012 [1] dOCXg/1412011 4:24 PM 7(Sock