One-rdg. P. Hrngs. Pgs. Filed: 11-22-16

Hosmer, Fisk, Sponsored by: Fishel, Fulnecky

COUNCIL BILL NO. 2016- RESOLUTION NO.

A RESOLUTION

APPROVING terms of an agreement under which pit bull dogs may be rescued from 1 the City Animal Shelter and put up for adoption. (Plans and Policies 2 Committee recommends approval). 3

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WHEREAS, on April 13, 2015, City Council passed a Resolution authorizing the 6 Director of Health or his designee to enter into Dog Rescue, Release, and Waiver 7 Liability agreements with animal rescue organizations approved by the Director 8 (“Resolution 10210”). 9

10 WHEREAS, a copy of Resolution 10210 is attached hereto and incorporated 11

herein by this reference as “Exhibit A.” 12 13

WHEREAS, pursuant to the specifications of the ‘Requirements for Rescue of 14 Dogs Regulated by Chapter 18, Article ll, Division 3, attached to Resolution 10210, Care 15 and Halfway Home, were the only animal rescue organizations, approved to accept 16 adoptable dogs from the City. 17

18 19

WHEREAS, the Director of Health is now requesting the authority to approve 20 other animal rescue organizations with whom to contract, for the purpose of adopting 21 eligible pit bulls. 22

23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24

SPRINGFIELD as follows, that: 25 26

Section 1 — The Director of Health, or his designee, is hereby authorized to 27 enter into a Dog Rescue Agreement, Release, and Waiver of Liability with animal 28 rescue organizations, such agreements to be substantially similar in form and content 29 as the document attached hereto and incorporated by reference as "Exhibit B." 30

31 Section 2 - This Resolution shall be effective immediately upon adoption. 32

33 Passed at meeting: ________________________ 34

35 36

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10299

November 28, 2016

Mayor 37 38

Attest: ___________________________________________, City Clerk 39 40

Filed as Resolution _____________________ 41 42

Approved as to form: _________________________________, Assistant City Attorney 43 44

Approved for Council action: ___________________________, City Manager 45 46

_________________________________

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November 28, 2016

EXPLANATION TO COUNCIL BILL NO: 2016-

FILED: 11-22-16

ORIGINATING DEPARTMENT: LAW

PURPOSE: To authorize the Director of Health to contract with animal rescue organizations for the purpose of facilitating adoption of eligible pit bulls.

BACKGROUND INFORMATION: Resolution 10210, a copy of which is attached hereto and incorporated herein as “Exhibit A,” authorized the Director of Health to contract with CARE and Halfway Home to adopt eligible dogs. The Director of Health now seeks approval to contract with other animal rescue organizations for the purpose of adopting eligible dogs consistent with the contract terms set forth in Resolution 10210.

REMARKS: The substantive difference between this Resolution and Resolution 10210, is that the Director of Health will now have to authority to vet and approve animal rescue organizations for the purpose of facilitating adoption of eligible pit bulls. Any animal rescue organization approved by the Director will be required to meet the qualifications set out in "Exhibit C," attached hereto. (Plans and Policies Committee recommends approval).

Submitted by:

_____________________________ Karen McKinnis, Public Health Resource Manager

Recommended by: Approved by:

_____________________________ ______________________________ Kevin Gipson, Greg Burris, Director of Public Health and Welfare City Manager

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One-rdg. P. Hrngs.Pgs.Filed: 04-07-15

Sponsored by: Stephens

COUNCIL BILL NO. 2015- RESOLUTION NO.

A RESOLUTION

APPROVING terms of an agreement under which pit bull dogs may be rescued from 1 the City Animal Shelter and put up for adoption. 2

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WHEREAS, in late February 2015, the City Manager approved a pit bull rescue 5 policy (Exhibit A) for a six-month trial period; and 6

7WHEREAS, the pit bull rescue policy provides that approved rescue groups will 8

be required to sign a waiver provided by the City to hold the City harmless for future 9 actions of the dog and to provide insurance; and 10

11 WHEREAS, the rescue groups found these requirements overbroad, 12

burdensome, and cost-prohibitive; and 13 14

WHEREAS, City staff and rescue groups have been unable to reach agreement 15 on contract provisions to govern their relationship with regard to the rescue of pit bull 16 dogs; and 17

18 WHEREAS, staff is seeking guidance from City Council and City Council desires 19

to facilitate the pit bull rescue policy by clarifying the circumstances under which pit bull 20 dogs may be rescued from the City Animal Shelter. 21

22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23

SPRINGFIELD as follows, that: 24 25

Section 1 – The Director of Health, or his designee, is hereby authorized to enter 26 into a Dog Rescue Agreement, Release, and Waiver of Liability with animal rescue 27 organizations approved by said Director, said agreement to be substantially in the form 28 and content as that document attached hereto and incorporated by reference as “Exhibit 29 B.” 30

31 Section 2 – This resolution shall be effective immediately upon adoption. 32

33 Passed at meeting: _________________ 34

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097 10210

April 13, 2015

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35 36

_________________________________ 37 Mayor 38

39 40 Attest: ________________________________, Acting City Clerk 41

Filed as Resolution _____________________ 42 43

Approved as to form: _________________________________, Assistant City Attorney 44 45

Approved for Council action: ___________________________, City Manager 46 47

April 13, 2015

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EXPLANATION TO COUNCIL BILL NO: 2015-

FILED: 04-07-2015

ORIGINATING DEPARTMENT: LAW

PURPOSE: To approve the terms of an agreement under which pit bull dogs may be rescued from the City Animal Shelter and put up for adoption.

BACKGROUND INFORMATION: Due to some broad liability protection language in the pit bull rescue policy that was recently approved by the Director of Health, City staff and rescue organizations have not been able to reach an agreement on language that that City staff feels provides adequate legal liability protection for the city, while not imposing undue burden on the rescue organizations.

A compromise solution was proposed by one of the rescue organizations, and staff feels that it is appropriate to ask City Council, as the policy-making body for the City, to determine whether this solution is an appropriate balance of the risks and benefits of allowing pit bulls to be rescued and adopted out of the city animal shelter.

Key points of the agreement include:

• Dogs are screened for adoptability, but the City makes no warranty as to thetemperament or health of Rescued Dogs.

• Rescue Organization waives claims against the City arising out of the agreement,including damages caused by Rescued Dogs.

• Rescue Organization will obtain waivers from its volunteers (who are not covered byits insurance) and persons adopting the Rescued Dogs, waiving claims against theCity arising out of the agreement, including damages caused by Rescued Dogs.

• Rescue Organization carries $1 million liability insurance to cover its contractualobligations.

Submitted by:

Sarah Kerner, Assistant City Attorney

Recommended by: Approved by:

Dan Wichmer, City Attorney Greg Burris, City Manager

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Requirements for Rescue of Dogs Regulated by Chapter 18, Article II, Division 3

1. The City will select at its sole discretion, a qualified individual(s) to perform temperamenttesting on Individual dogs for dog, people and food aggression. Dogs with any of these traitsare not available for rescue. Any dogs with a previous bite history are not adoptable.

2. Shelter staff will provide input on the dog’s behavior while at the shelter.

3. Dogs found acceptable in temperament and health are microchipped and vaccinated by animalcontrol.

4. CARE and Halfway home Any rescue organization that meets the pre-determined requirements iswill be the only rescues allowed to claim adoptable dogs.

5. At time of pick up or delivery, a representative for CARE or Halfway Home the rescue organizationwill be required to sign a waiver provide by the city to hold the city harmless for future actions of the dog.

6. All dogs claimed by rescue must be picked up within 7 days after the required hold time expires.

7. The waiver will also require that the rescue provide proof of spay/neuter within 30 days of pickup or delivery or a statement from a licensed veterinarian stating the reason why the dogcannot be spayed/neutered at this time.

Director of Health, Kevin Gipson Date

City Manager, Greg Burris Date

Exhibit A

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ROUTING ORDER

(1) ORIGINATING DEPARTMENT (2) RESCUE ORGANIZATION (3) FINANCE DEPARTMENT (4) LAW DEPARTMENT (5) (6) CITY CLERK’S OFFICE

EFFECTIVE DATE TERMINATION DATE CONTRACT NUMBER:

( ) NEW CONTRACT ( ) RENEWAL OF CONTRACT NO. _________

CITY RESCUE ORGANIZATION

CITY OF SPRINGFIELD

840 BOONVILLE, P.O. BOX 8368

SPRINGFIELD, MO 65802

Name:

Address:

Attention: Attention:

Department: Phone: Phone: Fax:

Fax:

Dog Rescue Agreement, Release, and Waiver of Liability

THIS AGREEMENT, made and entered into this ______ day of ____________________, 20___, by the parties identified above.

WITNESSETH:

THAT, WHEREAS, the City of Springfield desires to allow trusted local animal rescue groups to claim otherwise unclaimed animals from the city animal shelter for the purpose of finding them an appropriate forever home; and

WHEREAS, the Rescue Organization desires to claim such animals; and

NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Rescue Organization as follows:

1. Rescue Dogs. Rescue Organization shall cooperate with City to claim pit bull dogs from the City Animal Shelter that RescueOrganization believes it can place in a forever home (hereinafter "Rescued Dogs"). For the purposes of this Agreement, “Pit bull” means any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds.

2. Term. This Agreement shall be effective upon signature of both parties, and shall continue for one-year, automaticallyrenewing terms until terminated by either party upon 7 days' written notice.

3. Assurances from Rescue Organization.a. Rescue organization will not adopt a Rescued Dog to an area where that breed is banned.

b. Rescue organization will make every effort to ensure that Rescued Dogs will not be used for any illegal purposesand will NEVER be fought in any way.

4. Spay/Neuter Requirement. Rescue organization shall provide proof that each Rescued Dog has been spayed or neuteredwithin 30 days of pick up or delivery, or shall provide the City with a statement from a licensed veterinarian stating the reason why the Rescued Dog cannot be spayed/neutered at that time.

5. No Warranty. City has attempted to screen out dogs that are not good candidates for adoption, whether due to health ortemperament concerns. However, animals are unpredictable and therefore, City makes no warranty as to the temperament or physical condition of the Rescued Dogs. Rescued Dogs are claimed by Rescue Organizations as-is. All warranties with regard to

Exhibit B

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Rescued Dogs, including any implied warranty of merchantability and fitness for a particular purpose, where they are applicable, are hereby specifically disclaimed.

6. Indemnification/No Liability: Rescue Organization hereby releases City from any and all liability for personal injury,property damage, legal fees, or veterinary care, or any other expense or liability incurred by Rescue Organization, or by third parties as a result of this Agreement, including but not limited to damages caused by Rescued Dogs. Rescue Organization agrees to have its volunteers and any person adopting a pit bull canine execute a waiver of liability for the City, its employees, officers and agents on a form as approved by the City.

7. Liability and Indemnity. The parties mutually agree to the following:

a. In no event shall the City be liable to the Rescue Organization for special, indirect, or consequential damages, exceptthose caused by the City's gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract.

b. Rescue Organization agrees that it will not make any claims against or sue City, its officers, agents, employees and/orvolunteers for any injury or damage caused by any Rescued Dogs.

c. Rescue Organization hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes ofaction for personal injury, property damage or wrongful death occurring to it or to third parties as a result of any action or activity of City pursuant to this Agreement.

d. If any portion of this Release is held invalid, it is agreed that the balance hereof shall continue in full legal force andeffect.

e. Insurance. Without limiting any of the other obligations or liabilities of the Rescue Organization, the RescueOrganization shall secure and maintain at its own cost and expense, throughout the duration of this Contract, General Liability Insurance. Such coverage shall apply to bodily injury and property damage on an “Occurrence Form Basis” with limits of at least One Million and no/100 Dollars ($1,000,000.00) for all claims arising out of a single accident or occurrence. Coverage must not exclude bodily injury or property damage arising out of direct physical contact with animals; however, City recognizes that most insurance policies do not cover injuries to volunteers of Rescue Organization, and such coverage is not required if Rescue Organization obtains signed waivers from its volunteers and adopting entities or persons that waive all claims against the City arising from the animals adopted under this Agreement, said waiver to be in a form substantially similar to that attached hereto as Exhibit B.

The certificates of insurance, including evidence of the required endorsements hereunder or the policies, and volunteer waivers shall be filed with the City at the time that this contract is signed by the Rescue Organization. All insurance policies shall provide thirty (30) days written notice to be given by the insurance company in question prior to modification or cancellation of such insurance. Such notices shall be mailed, certified mail, return receipt requested, to: Springfield-Greene County Health Department, c/o Contract Administrator, 327 E. Chestnut Expressway, Springfield, MO 65801-8368; and

Such policies shall name the City as an additional insured with limits of liability not less than set forth above. The Rescue Organizationshall furnish to the City prior to operating under this Agreement, the policy and satisfactory proof of carriage of all the insurance required by this contract, with the provision that policies shall not be canceled, modified or non-renewed without thirty (30) days written notice to the City of Springfield. Nothing in this Agreement or promises or covenants herein shall be construed to waive in any fashion any cap on damages, immunity, sovereign, official or any other kind, or any defense that either the City, its employees, officers and agents or CARE, its employees, officers or agents have available under Missouri or any other jurisdiction’s law.

8. Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the lawsof the State of Missouri. Should any part of this agreement be litigated, venue shall be proper only in the Circuit Court of Greene County, Missouri.

9. Entire Agreement. This agreement contains the entire agreement of the parties. No modification, amendment, or waiverof any of the provisions of this agreement shall be effective unless in writing specifically referring hereto, and signed by both parties.

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IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year herein stated.

RESCUE ORGANIZATION:

By: _______________________________________

Name & Title: _______________________________

CITY OF SPRINGFIELD, MISSOURI

By: ________________________________________ Kevin Gipson, Director of Health

APPROVED AS TO FORM

___________________________________________ Assistant City Attorney

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ROUTING ORDER

(1) ORIGINATING DEPARTMENT (2) RESCUE ORGANIZATION (3) FINANCE DEPARTMENT

(4) LAW DEPARTMENT (5) (6) CITY CLERK'S OFFICE

EFFECTIVE DATE TERMINATION DATE CONTRACT NUMBER:

( ) NEW CONTRACT ( ) RENEWAL OF CONTRACT No.

CITY RESCUE ORGANIZATION

CITY OF SPRINGFIELD

840 BOONVILLE, P.O. Box 8368

SPRINGFIELD, MO 65802

Name:

Address:

Attention: Attention:

Department: Phone:

Phone: Fax: Fax:

Dog Rescue Agreement, Release, and Waiver of Liability

THIS AGREEMENT, made and entered into this ________ day of _____________________ , 20 ___ , by the parties identified above.

WITNESSETH:

THAT, WHEREAS, the City of Springfield desires to allow trusted local animal rescue groups to claim otherwise unclaimed animals from the city animal shelter for the purpose of finding them an appropriate forever home; and

WHEREAS, the Rescue Organization desires to claim such animals; and

NOW, THEREFORE, for the consideration herein expressed, it is agreed by and between the City and the Rescue Organization as follows:

1. Rescue Dogs. Rescue Organization shall cooperate with City to adopt pit bull dogs from the City Animal Shelter that Rescue Organization believes it can place in a forever home (hereinafter "Rescued Dog(s)"). For the purposes of this Agreement, "Pit bull" means any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of the physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds.

2. Term. This Agreement shall be effective upon signature of both parties, and shall continue for one-year, with automatically renewing

terms of one year until terminated by either party upon thirty (30) days' written notice at any time. 3. Assurances from Rescue Organization.

a. Rescue Organization will not adopt a Rescued Dog to an area where that breed is banned. b. Rescue Organization will make every effort to ensure that Rescued Dogs will not be used for any illegal purposes and will NEVER

be fought in any way.

4. Spay/Neuter Requirement. Rescue Organization shall provide proof that each Rescued Dog has been spayed or neutered within 30 days of pick up or delivery, or shall provide the City with a statement from a licensed veterinarian, approved by City, stating the reason why the Rescued Dog cannot be spayed/neutered at that time.

5. No Warranty. City has attempted to screen out dogs that are not good candidates for adoption, whether due to health

or temperament concerns. However, animals are unpredictable and therefore, City makes no warranty as to the temperament or physical condition of the Rescued Dogs. Rescued Dogs are claimed by Rescue Organizations "As-is.” All warranties with regard to Rescued Dogs, including any implied warranty of merchantability and fitness for a particular purpose, where they may be applicable, are hereby specifically disclaimed.

Exhibit B

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6. Indemnification/No Liability: Rescue Organization hereby releases City from any and all liability for personal injury,property damage, legal fees, veterinary care costs, and/or any other expense or liability incurred by Rescue Organization, orby third parties as a result of this Agreement, including but not limited to damages caused by Rescued Dogs. RescueOrganization agrees to have its volunteers and any person adopting a Rescued Dog execute a waiver of liability for anypotential claims against the City, its employees, officers and agents in a form and manner approved by the City.

7. Liability and Indemnity. The parties mutually agree to the following:a. In no event shall the City be liable to the Rescue Organization for special, indirect, or consequential damages, except

those caused by the City's gross negligence or willful or wanton misconduct that directly results in a breach of thisAgreement.

b. Rescue Organization agrees that it will not make any claims against or sue City, its officers, agents, employees and/or volunteersfor any injury or damage caused by or related in any way to any Rescued Dog or this Agreement.

c. Rescue Organization hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action forpersonal injury, property damage or wrongful death against the City in connection with this Agreement.

d. If any portion of this Agreement is held invalid, it is agreed that the balance hereof shall continue in full legal forceand effect.

e. Insurance. Without limiting any of the other obligations or liabilities of the Rescue Organization, the RescueOrganization shall secure and maintain at its own cost and expense, throughout the duration of this Contract, GeneralLiability Insurance. Such coverage shall apply to bodily injury and property damage on an "Occurrence Form Basis" withlimits of at least One Million and no/100 Dollars ($1,000,000.00) for all claims arising out of a single accident oroccurrence. Coverage must not exclude bodily injury or property damage arising out of direct physicalcontact with animals; however, City recognizes that most insurance policies do not cover injuries to volunteers ofRescue Organization, and such coverage is not required if Rescue Organization obtains signed waivers from each of its volunteers and adopting entities or persons in connection with a Rescued Dog that waive all claims against the City arising from the animals adopted under this Agreement in a form approved, in advance, by the City in writing.

The certificates of insurance, including evidence of the required endorsements hereunder and volunteer waivers shall befiled with the City at the time that this contract is signed by the Rescue Organization. All insurance policies shall providethirty (30) days written notice to be given by the insurance company in question to the City prior to modification orcancellation of such insurance. Such notices shall be mailed, certified mail, return receipt requested, to: Springfield-Greene County Health Department, c/o Contract Administrator, 327 E. Chestnut Expressway, Springfield, MO 65801-8368; and

Such policies shall name the City as an additional insured with limits of liability not less than as set forth above. TheRescue Organization shall furnish to the City prior to operating under this Agreement, a copy of the policy andsatisfactory proof of carriage of all the insurance required by this Agreement, with the provision that policies shall notbe canceled, modified or non-renewed without thirty (30) days written notice to the City of Springfield. Nothing in thisAgreement or promises or covenants herein shall be construed to waive in any fashion any cap on damages, immunity,sovereign, official or any other kind, or any defense that the City has available under Missouri or any otherjurisdiction's law.

8. Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of theState of Missouri. Should any part of this agreement be litigated, venue shall be proper only in the Circuit Court of GreeneCounty, Missouri.

9. Entire Agreement. This Agreement contains the entire agreement of the parties. No modification, amendment, or waiver of any ofthe provisions of this Agreement shall be effective unless in writing specifically referring hereto, and signed by both parties.

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IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year herein stated.

RESCUE ORGANIZATION: CITY OF SPRINGFIELD, MISSOURI

By: ________________________________ By: __________________________________________ Director of Health or Designee

Name & Title: APPROVED AS TO FORM

___________________________________________

City Attorney or Assistant City Attorney

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Requirements for Rescue of Dogs Regulated by Chapter 18, Article II, Division 3

1. 1.The City will select, in its sole discretion, a qualified individual(s) to perform temperament testing on individual dogs, for dog, people and food aggression. Dogs with any of these characteristics are not available for adoption. Any dogs with a previous bite history are not adoptable.

2. Shelter staff will provide input on individual dog's behavior while at a shelter.

3. Dogs found acceptable in temperament and health are micro-chipped and vaccinated byAnimal Control.

4. The City will partner with animal rescue organizations to facilitate adoption of adoptabledogs as long as said partners are approved by the Director of Health.

5. At time of pick up or delivery, a representative for the approved facility will be required tosign a waiver provided by the City to hold the City harmless for future actions of adopteddogs.

6. All adoptable dogs must be picked up within seven days after the required hold timeexpires.

7. Animal rescue organizations must also provide proof that an adopted dog isspayed/neutered within 30 days of pick up or delivery, or provide a statement from alicensed veterinarian stating the reason why the dog cannot be spayed/neutered at thistime.

8. Any rescue organization approved by the Director of Health shall execute a Dog RescueAgreement, Release, and Waiver of Liability acceptable in form to the City.

______________________________________________________________________ Director of Health or Designee Date

______________________________________________________________________ City Manager or Designee Date

Exhibit C

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