Hamilton County Society 2013 Humane Society for Hamilton County 4� � -` `
Service Agreement— 2013 (et
This Agreement is entered into by the City of Carmel, Indiana, a municipal
corporation (hereinafter referred to as the "City"), and the Humane Society for Hamilton
County, Inc., an Indiana not-for-profit corporation (hereinafter referred to as the
"Society").
WITNESSETH
WHEREAS, the Society operates a shelter for unwanted animals of Hamilton
County located at 1721 Pleasant Street, Suite B, in Noblesville, Indiana;
WHEREAS, by law, the City is required to provide shelter to unwanted animals
for seven (7) days; and
WHEREAS, the Society and the City wish to set forth an arrangement by which
the Society will provide services to residents of the City.
NOW THEREFORE, in consideration of the mutual covenants and conditions set
forth below, the parties agree as follows:
1. Term: The original term of this Agreement shall be from January 1, 2013
to December 31, 2013.
2. Definitions:
a, "Unwanted animal" is defined as: (1) an animal delivered to the
Society by a law enforcement officer of the City; or (2) an animal which is delivered to
the Shelter by a resident of the City, which is not owned or controlled by the resident, but
is delivered by the resident in order that the animal may be treated humanely; or (3) an
animal delivered to the Shelter by its owner, who resides within the City.
b. "Shelter" is defined as: the Society facility located at 1721 Pleasant
Street, Suite B, Noblesville, IN 46060, or such other location as the parties may agree in
writing.
3. Services to be provided: The Society will provide shelter for
unwanted animals and the City agrees to compensate the Society for the first seven (7)
days of care of all such animals. In addition, the City will appropriate funds needed for
additional costs of care of animals and special court-ordered cases such as cruelty
investigations and bite cases. Any costs of care of the unwanted animals beyond the
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initial seven (7) day period (other than special court-ordered cases) will be born by the
Society. The Society will also pay costs of unusual medical care and spay or neuter
surgery for the animals.
4. Reimbursement for Services: In exchange for the services provided by the
Society under this agreement, the City agrees to pay the Society the amount of
$60,054.44 in twelve (12) equal monthly installments of $5,004.54, commencing in
January 2013. Each such payment shall be made available for pick-up by the Society on
or before the 5th business day of the month or by wire transfer on or before the 5th
business day of the month. 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 cooperate with
any audit required by state or federal law, the City, the Hamilton County Council, the
Hamilton County Board of Commissioners, and/or the Indiana State Board of Accounts
or their respective designees.
6. E-Verify Requirement: All terms defined in I.C. § 22-5-1.7 et seq.
are adopted and incorporated herein by this reference.
Pursuant to I.C. § 22-5-1.7 et seq., the Society shall enroll in and verify the work
eligibility status of all of its newly-hired employees using the E-Verify program, if it has
not already done so as of the date of this Agreement. The Society is further required to
execute an affidavit (Exhibit "A") affirming that: (i) it is enrolled and is participating in
the E-verify program, and (ii) does not knowingly employ any unauthorized aliens. In
support of the affidavit, the Society shall provide the City with documentation that it has
enrolled and is participating in the E-Verify program. This Agreement shall not take
effect until said affidavit is signed by the Society and delivered to the City's authorized
representative.
Should the Society subcontract for the performance of any work under this
Agreement, the Society shall require any subcontractor(s) to certify by affidavit that: (i)
the subcontractor does not knowingly employ or contract with any unauthorized aliens,
and (ii) has enrolled and is participating in the E-verify program. The Society shall
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maintain a copy of such certification for the duration of the term of any subcontract. The
Society shall also deliver a copy of the certification to the City's within 7 days of the
effective date of the subcontract.
If the Society, or any subcontractor of the Society, knowingly employs or
contracts with any unauthorized aliens, or retains an employee or contract with a person
that the Society or subcontractor subsequently learns is an unauthorized alien, the Society
shall terminate the employment of or contract with the unauthorized alien within thirty
(30) days ("Cure Period"). Should the Society or any subcontractor of the Society fail to
cure within the Cure Period, the City has the right to terminate this Agreement without
consequence.
The E-Verify requirements of this Agreement will not apply should the E-Verify
program cease to exist.
7. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Society shall
certify that, in signing this document, it does not engage in investment activities within
the County of Iran. day /rti ��-
AGREED to this da of , 2012.
HUMANE SOCIETY FOR HAMILTON
J� COUNTY ("Society")
Date: i /U Aw
/nature of Authorized e resentative
4J4/ �'' ,A ; , IiS uei
Printed Name of Authorized Representative
CITY OF CARMEL, Indiana ("City")
Date: ove� 9 7 02 042
ignature of Authorized Rep -sentative
JAnft$ 74',5710 1P4 '% °
Printed Name of Authorized Representative
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