MEMORANDUM OF UNDERSTANDING

 

THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into effective                                       , 2019, by and between the City of Lawrence, Kansas, a municipal corporation under the laws of the State of Kansas, (hereinafter referred to as the “City”) and the Lawrence Humane Society, a local agency that operates and maintains an animal care facility (hereinafter referred to as the “LHS”).  The City and LHS may, from time to time herein, be collectively referred to as “the parties.”

 

WHEREAS, on March 5, 2019, the Governing Body of the City of Lawrence, Kansas adopted Ordinance 9615 pertaining to the regulation of animals, which excludes community—or feral—cats from the City Code provisions regarding running at large and ownership;

WHEREAS, a community cat is unsocialized to humans and has a temperament of extreme fear or resistance to contact with humans and has a straight line cutting of the tip of the ear to indicate it has been sterilized;

WHEREAS, trap-neuter-vaccinate-release (TNVR) is a program that seeks to address community cats that roam around the city. The goal of the program is to trap a colony of cats, spay/neuter and vaccinate them, and return them to where they were collected. It is believed that over time this will reduce the number of feral cats; and

WHEREAS, Ordinance 9615 indirectly allows for a TNVR program within the city, and shall take effect May 1, 2019. The parties acknowledge a need for a mutual understanding regarding the duties of each once the ordinance’s provision regarding community cats takes effect.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows:

 

1.      Responsibilities of LHS.

a.      No later than May 15, 2019, LHS will design brochures, door hangers, and other materials providing sufficient information regarding the provisions of Ordinance 9615 that relate to community cats, as well information on programs and resources that interested parties may benefit from.

b.     Such educational materials will be updated by LHS periodically and as needed.

c.      Educational materials developed and designed by LHS shall be forwarded electronically to City within a reasonable timeframe upon their completion.

d.      LHS will keep educational materials at its location and is authorized to distribute such materials to the community.

e.      If a community cat(s) is disrupting a neighborhood within the city, as evidenced by call volume for a particular cat(s) or individuals providing specific information about the alleged disruption, LHS will lend traps to residents to get the cat(s) into a low-cost clinic for TNVR services. The cost of these services is covered by donations and grants through the clinic performing the surgery, the resident bringing the cat(s) in for surgery, or a donation by the complainant. The City is not responsible for any TNVR trapping, vaccinations, surgery-related, or returning expenses.

 

2.      Responsibilities of City.

a.      Educational materials provided by LHS will be printed by City in a format determined by the City. The costs of printing shall be reasonable and subject to approval by the City.

b.     The City’s Animal Control shall act as the primary distributor of such materials to complainants, appropriate neighborhood contacts, and any other person or entity the City deems appropriate.

c.      When the City’s Animal Control encounters a community cat that is not ear-tipped, whether encountered in the field or by complaint, the Animal Control Officer will attempt to locate the food source or, if known, resident who is feeding the cat(s). If the food source is a resident, Animal Control will attempt to make contact. Animal Control Officers will utilize their training and experience to confirm that the cat(s) are indeed community cats.

d.      Residents feeding or acting as caretakers for confirmed community cats that are not vaccinated, altered, and ear-tipped may be given a Notice to Correct the violation (e.g. over the limit, unvaccinated, nuisance, at-large) and shall be provided with a brochure that contains a list of nonprofit organizations that offer low cost TNVR services.

e.      The City and its Animal Control will endeavor to send LHS details surrounding complaints or general reports of community cats that are responded to in the field. Details will include field contact or complainant name and contact information, address or cross street location of the cat(s), and specific complaint regarding the cat(s). LHS will use its best efforts to resolve the complaint but is not obligated to resolve it or impound the cat(s).

 

3.      Training.  The parties agree to collaborate to provide education and training opportunities of interest to the parties.  Specific education and training opportunities will be separately agreed to by the parties, and may include the following:

a.      The parties agree to share information about education and training opportunities that may be of interest to the other party and to share information from training sessions of mutual interest.

b.     LHS agrees to provide training to Animal Control personnel regarding the identification and capture of community cats no later than May 15, 2019, and any other pertinent information mutually agreeable to by the parties as being valuable.

 

4.      Quarterly Meetings.  The parties agree to meet quarterly at agreed upon times, or as otherwise agreed to by the parties, to discuss matters relating to this MOU, including:

a.      Critically evaluating and discussing the effectiveness of the cooperation of the parties pursuant to this MOU and identify areas for improvement;

b.     Reviewing and confirming the accuracy of the information contained on the educational materials developed by LHS and printed by the City pursuant to this MOU; and

c.      Discussing any other matters of importance to the parties.

 

5.      Termination.  Either party to the MOU may terminate it upon 30 days’ prior written notice without necessity of demonstrating cause; provided, however, that either party may terminate this MOU immediately upon written notice to the other party in the event that such action is necessary for significant health or safety issues or to comply with applicable law.

 

6.      Modification.  This MOU may be modified only in a writing signed by both parties. The parties shall endeavor to examine this MOU biennially, to ensure compatibility and effectiveness with any changes in laws, policies, or circumstances.

 

7.      Severability.  If any provision of this MOU is held by a court of competent jurisdiction to be illegal or unenforceable, the remaining provisions of this MOU shall not be affected and shall be read as if the MOU did not contain the particular provision held to be invalid, unless to do so would contravene the present valid and legal intent of the parties.

 

8.      No Third Party Beneficiary. This MOU is not intended to benefit any third party, nor shall any person who is not now or in the future a party hereto be entitled to enforce any of the rights or obligations of a party under this MOU. 

 

9.      Applicable Law. This MOU shall be governed and interpreted in accordance with the laws of the State of Kansas.

 

IN WITNESS WHEREOF, the undersigned hereto have executed this MOU this ___ day of ____________, 2019.

 

THE CITY OF LAWRENCE                      LAWRENCE HUMANE SOCIETY

 

                                                                                                                             

                                                                                     

City Manager