Loading...
HomeMy WebLinkAbout05- Heart of the Valley; Agreement . . AGREEMENT THIS AGREEMENT, entered into on this ~ day of Julv , 2005, by and between the HEART OF THE V ALLEY, INC. (hereinafter referred to as H.O.V.) and the CITY OF BOZEMAN (hereinafter referred to as City). WITNESSETH: WHEREAS, the City of Bozeman requires an animal shelter for the purpose of impounding and caring for the animals found in violation of City of Bozeman ordinances; and WHEREAS, the H.O.v. leases premises located at 2125 North Rouse from the City of Bozeman for the operation of an animal shelter; and WHEREAS, the H.O.V. maintains and operates the animal shelter which assists the City of Bozeman in enforcing animal related ordinances. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Care and custody: a. The H.O.V. hereby agrees to admit and to accept responsibility tor the care and custody of all domestic animals impounded by officers of the City [hereinafter also referred to collectively as Bozeman Police or City Animal Control]. H.O.V. agrees to take reasonable care of the animals in a manner consistent with good standard practices of animal shelters to include, but not be limited to, providing proper food, water and shelter for these animals. H.O.V. agrees to accept all domestic animals brought by the City of Bozeman Animal Control and Police Officers. b. H.O.V. will also accept animals found within the City limits that are brought to the shelter by the general public. H.O.V. shall contact City dispatch regarding such animals, and the Animal Control or Patrol officer will contact H.O.V. to obtain information tor a report and/or issue citations. The Patrol or Animal Control officer must authorize the acceptance of the animal and the (4) day custody period will begin after this contact is completed. At no time will the City be billed lor animals brought in by the owner or animals that are brought in lor adoption. 1 . . 2 Exclusion: The term "animals" as used in this Agreement, shall inelude only domestic and not wild animals excluding feral cats. Any animal that is not domesticated and falls within the definition of a wild animal, other than feral cats, such as, but not limited to, bats, skunks and raccoons shall not be covered in this Agreement. With the exception of feral cats, H.O.V. will not accept or hold any livestock, fowl or wild animal. 3. Records: A. City officers, upon impounding an animal, will provide a written record to H.O.V., to inelude: 1. Date and time animal is impounded; 2. A description of the animal by breed, gender, physical characteristics, collar/tags and assigned identification number; 3. Location animal was found and reason for impoundment; and 4. Name and badge number of officer impounding animal. B. H.D.V. will provide a written record of the disposition of all animals impounded by City officers, to include: 1. Disposition, date and time of same; 2. Name, current address and phone number of owners reclaiming their animals; 3. Name, current address and telephone number of any citizen turning an animal into the shelter and logged in under the City account; 4. Name of II.O.V. representative releasing or euthanizing the animal; and 5. A monthly itemized account of all animals impounded by the City of Bozeman and any additional charges for related services. 6. H.D.V. agrees to attempt to verify the identity of the citizen by confirming identification with a photo identification card and making appropriate notations regarding such verification. And, with the individual's consent, may photocopy that identification for use by law enforcement only. The individual has the right to refuse to allow a 2 . . photocopy to be made. 4. Holding: a. H.D.V. hereby agrees to hold any animal impounded for violation of City of Bozeman ordinances for a period of four (4) calendar days, beginning at the time an officer authorizes the impound. Any animal impounded for rabies quarantine will be held for a period often (10) calendar days from the time of the bite unless City of Bozeman Officers authorize release prior to end of quarantine period. b. H.O.V. shall not release any impounded animal to its owner without a written Authorization to Release from the City of Bozeman. c. The fees regarding any animal held for longer than 4 days for a special reason, such as a court order, quarantine, or investigative hold will be determined according to 5(E) ofthis agreement.. d. H.O.V. shall be responsible for any unclaimed animal after four calendar days which is not held due to a court order, quarantine, or investigative hold. Such responsibility includes all costs for the care of the animal. The City is not responsible for any decisions related to an unclaimed animal, including any decision to euthanize. e. H.O.V. shall euthanize any impounded animal upon written request by an authorized representative of the City or order of a court. 5. Fees: a. 'fhe City of Bozeman shall pay ILO.V. the following fees on a monthly basis after receiving a detailed billing: 1. Two Thousand three hundred dollars ($2,300.00) per month for providing access to, and maintaining, the shelter. 2. Twenty Dollars ($20) for euthanizing and disposing of any animal impounded by an authorized City representative, if it is euthanized by H.O.V.'s veterinarian while the responsibility of the City, or at the City's direction. If the City directs a private practice vetcrinarian conduct the procedure, then the City will be responsible for direct charges from that veterinarian. 3 . . b. Daily impound fees for any animal impounded or authorized for impound by the City of Bozeman officers will be collected by H.O.V. from the owner at the time the animal is claimed. The daily impound fees for the period of this agreement will be determined by H.O.v. based upon an established rate schedule, a copy of which will be provided to the City. c. If the City brings ten (10) or more adult animals (litters excluded) into the shelter from anyone given situation, H.O.V. may require the City to pay Three Hundred ($300.00) Dollars to H.O.v. as emergency funding for each group of ten (10) animals and all other fees shall also apply. d. In the event that H.O.V. is required by court order or the City to release any animal to its owner without collection of the daily impound fees, the City will pay H.O.V. five dollars ($5.00) per day for each day, after the initial four (4) day period, that the animal was held by H.O.v. before being released to its owner or to H.O.v., unless different arrangements have been made, in writing, between H.O.v. and the City. In the event the Court orders the owner, at the conclusion of the case, to pay some part or all of the impound fees, the fees shall be assessed at the daily impound fee rate established by H.O.V., but no less than the five dollar ($5.00) rate specially established for the City. Fees collected by the Court will be paid to ILO.V. as collected and distributed in the normal course of business. e. In the event any animal is held for more than four (4) days, such as for a bite quarantine, court order or investigative hold, the owner will be charged the daily imposed fees pursuant to 5.b. above, unless different arrangements have been made, in writing, between H.O.V. and the City. If H.O.V. must hold an animal for more than one month without collecting impound fecs from the owner, the City will pay H.O.v. for such fees pursuant to S.d. above. If owner subsequently pays H.O.v. the full amount of such impound fecs, H.O.V. will reimburse the City for all fees paid by the City. 6. Disposal of Dead Animals: Should, at any time, thc Human Society determine that it needs to deposit a dead animal at the City of Bozeman landfill located on Story Mill Road, the City agrees to waive all the City's rcquired landfill fees. 7. Access to H.O.v.: The City of Bozeman Police Department will be provided with a key to the animal shelter for the purposc of impounding animals during the hours that the animal shelter is closed. City of Bozeman officers having access to the key are to maintain shelter security by keeping doors lockcd, sctting the security alarm and by following established shelter policics and procedures. H.O.v. shall provide the City with proper instructions regarding the security systcm and its operation. Finally, ILO.V. expressly authorized the City to makc additional copies of the key to provide officer's 4 . ~ access as necessary. 8. Term: The term of this Agreement shall be from the 1st day of July 2005 through the 30th day of June 2008. This Agrecmcnt will be rcvicwcd by the City and H.O.V. on or before March 1, 2008, for appropriate changes to a new agreement to commence on the 1st day of July 2008. For the purpose of reviewing this agreement, H.O.V. agrees to provide the City of Bozeman, on or before February 1, 2008, with financial statements and other records as rcquired to support any requestcd incrcase in the base monthly fee. 9. Termination: Either party may terminate this agreement by giving sixty (60) days written notice to the other party. 10. Compliance with Bozeman Municipal Code: H.O. V. agrees to comply with all provisions orthc Bozeman Municipal Code. 11. Indemnification: H.O.v. agrces to release, defend, indemnify and hold harmless the City of Bozeman, its officials, officers, employees, agents and assigns from and against any and all actions, claims, liabilities, demands or assertions of liability, causes of action, losses, costs and expenses including, but not limited to, reasonable attorney's fees, involving or relating to any harm, injury, death or damage, suffered or sustained by H.O.V.'s employees, agents and representatives, or any third party, which in any manner may arise or be alleged to have arisen, or resulted or alleged to have resulted from any acts or omissions of H.O.v., its agents, employees or assigns during the performance of any part of this Agreement ineluding but not limited to any action or claim resulting from or arising out of the carc, maintenance, euthanization and disposal of animals under this agreement. 12. Non-waiver: Waiver by either party of the strict perfoill1ance of any provision of this agreement shall not be a waiver of or prejudice the parties' right to require strict performance of the same provision in the future, of any other provisions. 5 .- . .. 13. Time of Essence: It is mutually agreed that time is of the essence in the performance of all covcnants and conditions to be kept and performed under the terms of this abJfecment. 14. Headings: The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provisions of this agreement. 15. Independent Contractor: It is understood by the partics hereto that B.O.V. is an independent contractor and, as such, neither it nor its employees, if any, are employees of the City of Bozeman for any purposes including, but not limitcd to, taxes, retirement system, or Social Security (FICA withholding). ) 6. Assignment: H.O.v. shall not assign any right or obligation hereunder, in whole or in part, without the prior written consent of the City of Bozeman. 17. Attornev's Fees and Costs: In the event it becomes necessary for either party to this agrcement to retain an attorney or use an in-housc counsel, to inelude the City Attorney, to enforce any of the tcrms or conditions of this agreemcnt, then the prevailing party shall be entitled to reasonablc attorney's fees and costs, to include fees, costs, and salary of in-house counsel. 18. Modifications: Any amendments or modifications to this agreement, or any provisions hereunder, shall be made in writing and executed in thc same manner as the original document and shall after cxecution becomc part of this agreement. 19. Binding effect: The covenants and agreements herein contained shall be binding upon the parties hereto, their successors and assigns. 20. Venuc: This agreement shall be construed under and governed by the laws of the State of Montana. In the event of litigation concerning it, venue is in the Eighteenth Judicial District Court, Gallatin County, Montana. 6 .. " HEART OF THE V ALLEY, INC. M~~j+ Executi ve irector CITY OF BOZEMAN ~lX1Jal Chris Kukulski, City Manager ATTEST: V~/~ Robin Sullivan Clerk of the City Commission 7