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HomeMy WebLinkAboutItem 10 Partnership wtih Willamette Animal Guild AGENDA ITEM SUMMARY Meeting Date: 1/6/2014 Meeting Type: Regular Meeting Staff Contact/Dept.: Michael Harman/Police Staff Phone No: 726-3729 Estimated Time: 5 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Enhance Public Safety ITEM TITLE: PARTNERSHIP WITH WILLAMETTE ANIMAL GUILD ACTION REQUESTED: Authorize the City Manager to sign a Partnership Agreement with Willamette Animal Guild (WAG) Authorizing Use of Booth Kelly Space. ISSUE STATEMENT: Willamette Animal Guild (WAG) needs an affordable and accessible space to house cats before and after spay/neuter surgeries. ATTACHMENTS: Attachment 1- WAG Agreement Authorizing Use of Booth Kelly Space Attachment 2 – Mayors Letter of Support for WAG Grant DISCUSSION/ FINANCIAL IMPACT: The Police and Development and Public Works Departments are requesting that the City Manager be authorized to sign the attached partnership agreement with Willamette Animal Guild (WAG), allowing the use of space at Booth Kelly to temporarily house free roaming cats before and after spay/neuter surgeries. With support from the City, WAG has received a $50,000 grant from PetSmart to pay for the spaying and neutering of feral and free-roaming cats in Springfield. Under the terms of the grant, WAG has committed to spay roughly 1,000 cats per year for each of the next two years. With Council approval, the City is offering to allow WAG to use the space at Suite 153 at Booth Kelly for $1 per year each of the next two years. The space will be used to house cats just prior to surgery and during the recovery period for a few days afterwards. No surgeries will be performed on the site. Cats which are adoptable will then be moved to shelters for placement, and those which are unadoptable will be returned to the areas they came from, but will no longer contribute to the overpopulation problem. This partnership effort will have a significant and positive impact on reducing the numbers of free-roaming cats in Springfield. This Agreement, dated as of December __, 2013, is between the Willamette Animal Guild (“WAG”), an Oregon not for profit corporation recognized as tax exempt under Section 501(c)(3) of the Internal Revenue code, as amended, and the City of Springfield (“City”), an Oregon municipal corporation. 1. City owns the Booth-Kelley facility located at 303 S. 5th Street, Springfield, which includes a number of separate commercial and industrial facilities. 2. WAG desires to use one of those facilities, commonly known as Suite 153, for the pre-operative and post-operative care of free-roaming cats in conjunction with its spay and neuter program. 3. City desires to partner with WAG to reduce the prevalence and incidence of free- roaming cats by permitting use of this space. Neither party wishes to create a long-term tenancy. 4. Both parties understand that no surgeries will be performed at the site. In consideration of the foregoing, the parties agree as follows: 1. City grants permission for WAG to use Suite 153 for the purpose of pre-operative and post-operative care of free-roaming cats for a period not to exceed two years effective from the date first above-written. 2. City agrees that WAG may, subject to permits being issued at WAG’s expense, install a washer and dryer at a mutually agreed upon spot in the Suite. 3. City agrees to apply paint to the floor of the suite. 4. WAG agrees to pay City $1.00 per year in consideration of the permission to use Suite 153. 5. WAG agrees to paint the suite in a neutral color. WAG will not be responsible for dry rot, if it occurs while they are using the suite. WAG will not be responsible for any degradation of particle board sub floor if such occurs while they are using the suite. 6. WAG agrees to pay electric and water utilities associated with the use of Suite 153. 7. City agrees that WAG may remove whatever sinks, washer and dryer they install at the end of tenancy, as long as the currently installed sinks are replaced. 8. WAG agrees to provide customary and routine custodial service and maintenance of the interior of the suite, including changing light bulbs and fixtures, plumbing fixtures installed by WAG, and repairs caused by WAG’s activities in the premises. 9. The City shall be allowed to enter the suite to determine compliance with this agreement, to make necessary repairs or to show the suite to other potential tenants. Except in an emergency, the City will give WAG 24 hour notice by calling (541)726-6697. 10. WAG shall defend, indemnify and hold harmless City from any claim, loss, or liability arising out of or related to any activity of WAG. City shall have no liability to Tenant for any injury, loss, or damage caused by third parties, or by any condition of the Premises except to the extent caused by Landlord's negligence or breach of duty under this lease. 11. WAG shall procure and maintain insurance coverage and thereafter provide evidence of coverage with Certificates of Liability naming the City, its employees, officials and agents as an Additional Insured. During the term of the lease, Tenant shall continue to carry the following insurance at Tenant's cost: Commercial General Liability Insurance (occurrence version) with a company whose A.M. Best rating is A- or better, with limits of not less than $2,000,000 per occurrence and $3,000,000 in the aggregate. Such insurance shall cover all risks arising directly or indirectly out of Tenant's activities on the Premises. A Certificate evidencing such insurance and bearing endorsement requiring 30 days written notice to Landlord prior to cancellation shall be furnished to the City. City's liability insurance shall be excess of and not contributing with WAG's liability coverage. WAG understands that Landlord is a public entity subject to the requirements of the Oregon Governmental Tort Claims Act, ORS 30.260 et seq. 12. WAG agrees that City may, during the second year of the grant of permission, market the suite to other potential tenants for use after the period of permission ends. This agreement may not be assigned, subleased or otherwise transferred. For City: For WAG: ________________________ ________________________ Gino Grimaldi, Jill Winans, Board President City Manager Willamette Animal Guild Attachment 2