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87-R-43RESOLUTION NO. 87-R-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE "AN AGREEMENT WITH HALIFAX HUMANE SOCIETY OF VOLUSIA COUNTY, INC."; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That the City Council of the City of Edgewater, Florida, authorizes the appropriate officials of the City of Edgewater, Florida, to execute an agreement with the Halifax Humane Society of Volusia County, Inc. SECTION 2. A copy of said Agreement is attached to this Resolution and by reference incorporated herein as if fully set forth and marked Exhibit "A". SECTION 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 4. That this Resolution shall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, at a regular meeting of said Council held on the 19th day of October , 1987, and approved as provided by law. This Resolution was introduced and sponsored by Councilman Asting , and was read and passed by a vote of the City Council of the City of Edgewater, Florida, at a regular meeting of said Council held on the 19th day of 1987, and approved as provided by law ROLL CALL VOTE AS FOLLOWS: October Council nCouncil n-ZonE Ali ��� Councilman -done Four o ATTEST: City Clerk r+ tak eaticated this 19th dap October 1987. �g, ,s a*'+"nnR, t Mayor �8 n e red by: SERVICE AGREEMENT THIS AGREEMENT made this day of , 1987 by and between the HALIFAX HUMANE SOCIETY OF VOLUSIA COUNTY, INC., a Florida non-profit corporation, hereinafter referred to as "Humane Society," and THE CITY OF EDGEWATER, hereinafter referred to as "the City." WHEREAS, in order to enforce the ordinances of the City and the laws of State of Florida with respect to stray animals, the City desires to deliver stray animals to the Humane Society for the humane impoundment and humane disposition of said animals; and WHEREAS, the Humane Society is organized for the purpose, among other, of preventing cruelty to animals and is interested in assuring that impounded animals are sheltered in a humane manner and those which must be destroyed, be so destroyed in a humane manner. NOW, THEREFORE, for and in consideration of mutual covenents, conditions and provisions herein contained, it is expressly agreed and understood as follows: 1. Term: This Service Agreement shall take effect on the 1st day of October, 1987 and shall remain in full force and effect for a one (1) year period ending on the 30th day of September, 1988. However, the contract may be terminated without penalty, by either party, with 30 days written notice. 2. Animal Shelter: (a) The Humane Society will maintain and operate an animal shelter in a manner adequate for the confinement, remedial treatment and disposal of stray dogs or cats which may be delivered to it from all areas within the City, and will furnish at its sole expense all supervision, labor, animal food, tools, supplies and other things necessary for the satisfactory performance of the services herein agreed to be provided. The animal shelter shall be operated at 2364 llth Street West, Holly Hill, Florida. (b) For the flat rate charge per animal described below, the Humane Society will provide means to accept, at all times, all stray dogs and cats delivered to the shelter by the City's Police or Animal Control Officers or other designated officers appointed by the City for this purpose. The Humane Society will accept wildlife only if it has the ability and facilities to impound and control these animals, and the decision to accept or reject these animals shall be solely within the discretion of the Humane Society. In the event a stray dog or cat is injured and reported by a private citizen to be located within the City, the Humane Society will pick the animal up, give whatever remedial medical treatment it can for the animal, and impound the animal until claimed by its owner, disposition by adoption or until the animal is destroyed. The Humane Society shall require all such persons who report injured or stray animals to give their names and present home and post office addresses and to identify the place where the animals involved were located or picked up. (c) The Humane Society will provide space for the confinement, observation and care of any stray animal suspected of rabies, or any stray animal which has bitten or otherwise exposed any person, and shall accept, care for and dispose of any such animal delivered to the facility in accordance with the instructions of the Volusia County Health Department. The Humane Society will report, at once, to the Volusia County Health Department any animal delivered or reported to it as being suspected of rabies, or for having bitten or otherwise exposed any person, and shall cause to have removed and make available to the Volusia County Health Department Officer for laboratory examination the head of any such animal which becomes ill or dies while under confinement for such reasons. Pursuant to its responsibilities for rabies control, the Volusia County Health Department and its authorized representatives shall be afforded access to the facility at all times for the examination of any or all animals impounded therein. (d) When the. City delivers an animal to the shelter for impounding and when the animal bears an identification tag indicating ownership of the animal, the Humane Society within one (1) working day after receipt of such animal, shall use its best efforts to notify the owner thereof and inform the ownej of the procedure whereby the owner can recover the animal, provided, however, that any animal suspected of rabies or which has bitten or otherwise exposed any person, shall not be released to its owner for at least a ten (10) day impoundment period and also with the express approval of the Volusia County Health Department through its authorized representatives. When a stray dog or cat is delivered to the shelter and is not suspected of rabies or has not bitten or otherwise exposed any persons to rabies, the Humane Society shall impound the animal at the City's expense for a period of not more than 72 hours. If the owner has not retrieved the animal, the Humane Society shall thereafter provide for the adoption or disposal of the animal in accordance with its routine methods and procedures. . -.3. Service Fees: In consideration of the agreements and undertakings to be performed by the Humane Society, the City agrees to pay the Humane Society monthly, in arrears, the sum of Thirty -Two ($32.00) Dollars per animal: (a) received from either the City's Police or Animal Control Officers, or (b) any stray dog or cat emanating within the municipality and delivered to the shelter by a private citizen, or (c) any injured stray dog or cat picked up by the Humane Society within the municipality. 4. The Humane Society will impound owned biter animals when space is available and when requested to do so by either an officer of the Police Department or an Animal Control Officer of the City. Such impoundment will be charged at the rate of $20.00 plus $4.00 per day the animal is impounded; all charges to be paid by the City. 5. The Humane Society will attempt to collect from the owner all costs for which the City is liable for each animal claimed by its owner and credit the City's account for monies so collected. 6. The Humane Society will submit to the City, with its monthly statement, the pick-up address of all stray animals charged to the City's account not impounded by a City Animal Control Officer and the names and addresses of all persons claiming a stray animal who do not pay the redemption fees as provided in paragraph 5 above. IN WITNESS WHEREOF, the Humane Society and the City have executed this Service Agreement in any number of counterpart copies, each of which shall serve as an original, effective on the date and year as set forth above. !1 Lr/JJii2� Yy (ea-4!!!"thlLm Aft �c SW of l 6 Witness AIAIJI HALIFAX HUMANE SOCIETY OF VOLUSIA OUNTY, INC., By Executive Director THE CITY Attestc— .0' ty Clerk