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HomeMy WebLinkAbout97- Humane Society of Gallatin County Agreement '. '. , , . AGREEMENT THIS AGREEMENT, entered into on this 3rc' day of Jebrua ry , 1997, by and between the HUMANE SOCIETY OF GALLA TIN COUNTY (hereinafter referred to as the Humane Society) and the CITY OF BOZEMAN. 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 Hozeman ordinances; and WlIEREAS, the Humane Society leases premises located at 2125 North Rouse from the C:ity 01' Bozeman for the operation of an animal shelter; and WHIUU~AS, the Humane Society maintains and operates the animal shelter which assists the City or Bozeman in enforcing animal related ordinances. NOW, THEREFORE, IT IS lIEREBY AGREED AS FOLLOWS: 1. Care and custody: The Humane Society hereby agrees to admit and to accept responsibility for the care and custody of all animals impounded by the City of Bozeman officers. The I-I umane Society 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 f()od, water and shelter for these animals, 'fhc Humane Society agrees to accept all animals brought by the City of Hozelnan Animal Control and Police Officers. 2, Records: City of Bozeman officers, upon impounding an animal, will provide a written record to the Humane Society, to include: Humane Society Lease Page 1 . " . . a, Date and time animal is impounded~ b. A description of the animal hy breed, gender, physical characteristics, collar/tags and assigned identification number; c. Location animal was fimnd and reason for impoundment; and d. Name or number of officer impounding animal. The Humane Society will provide a written record of the disposition of all animals impounded hy City of Bozeman officers, to include: a. Disposition, date and time of same; b. Name, address and phone number of owners reclaiming their animals: c. Nanle of \-\umane Society representative releasing or euthanizing the animal; and d. A monthly itemized account of all animals and charges fiJr related services. " Holding: .J. a. The Humane Society hereby agrees to hold any livestock, fowl, reptiles, small bird or animal impounded f()r violation of City of Bozeman ordinances for a period of four (4) days, unless sooner claimed by owners. Any animal impounded fix rabies quarantine will be held for a period of fourteen (14) days from the time of the hite. The parties may negotiate fees regarding any animal held for a special reason, such as a court case, or cruelty investigation, but negotiations must be done in a timely manner if fee charges m-e to be modified, T'heIIumane Society shall not release any impounded animal to its owner without written proof that all fines and costs accrued have been paid to the City of Bozeman. b. The Animal Control officer or other authorized city representative 1nay order any eity impounded animal euthanized for the following causes: (1) severe injuries or disease; Humane Society Lease Page 2 . . . (2) rabies testing due to humane exposure; (3 ) at the end of holding period. unclaimed animal with aggressive or dangerous propensities. 'rhis order will be made in writing to the Ilumane Society (in these cases, every effl)ft will have been made to tind an owner to avoid this action) 4. Fees: The City of Bozeman shall pay the Humane Society the following fees on a rnonthly basis after receiving a detailed billing: a, One Thousand Eight Hundred Dollars ($1,800.00) per month for providing access to, and maintaining, the shelter. b. Ten Dollar ($10) impound fee for animals listed in section 3, for the first day of impoundment by an authorized City of Bozeman representative, and (I) Five Dollars ($5) per day, or part thereof, after the first day, for keeping and dog impounded by an authorized City of Bozeman representative, (2) Four Dollars ($4) per day. or part thereof. after the first clay. for keeping any cat impounded by an authorized City of Bozeman representative. Provided, however, that after tbe first day" s charge. there shall be no additional charges which shall exceed hfteen Dollars ($15) total for any unclaimed cat or litter of kittens impounded by an authorized City of Bozeman representative. c, Five Dollar,; ($5) per tby, or part thcret1f. for keeping any livestock impounded by an authorized City of Bozeman representative. d. Two Dollars ($2) per day, or part thereof, for keeping any rabbit, bird or other small animal impounded by an authorized City of Bozeman representative. e, Nine Dollars ($9) for euthanizing and disposing of any animal impounded by an authorized City of Bozeman representative. 5. Disposal of Dead Animals: Humane Society Lease Page 3 . . The City of Bozeman agrees to provide assistance with disposal of dead animals by providing free access to the City of Bozeman landfilL When available, City of Bozeman trucks wi II transport the dead animals as needed. 6. Access to Humane Society Animal Shelter: '('he City of Bozeman Police Department will be provided with keys to the animal shelter for the purposes of impounding or releasing 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 locked an by j()llowing established shelter policies and procedures. 7. Term: The term of this Agreement shall be from the I st day of J lily 1996 through the 30th clay of June 1998. This Agreement will be reviewed by the City of Bozeman and the Ilmnane Society on or after March of 1998 for appropriate changes to a new agreement to commence on the I st day of July 1998. For the purpose of reviewing this agreement, the Humane Society agrees to provide the City of Bozeman, on or bcf(Jre Marcil I, 1998, with financial statements and other records as required. 8. Termination: Either party may terminate this agreement by giving sixty (60) clays written notice to the other party. 9. Conm]iance with Bozeman Municipal Code: The Ilumane Society agrees to comply with all provisions of the Bozeman Municipal Code, Humane Society Lease Page 4 " . . 10. Indemnification: The Humane Society agrees to indemnify and hold the City of Bozeman, its olTicials and employees, harmless from any and all expenses, cause or causes of action, damages, suits, claims, judgments and liability, including but not limited to personal injury, illness, death, property damage, and charges, of whatever kind, name or nature, resulting from or arising out of the care, mai ntenance, euthanizing and disposal of animals under this agreement. II. Non-waiver: Waiver by either party of the strict performancc of any provision of this agreement shall not be a waiver of or prejudice the parties' right to requirc strict performance of the same provision in the future, of any other provisions. 12. Time of Essence: It is mutually agreed that time is ofthe essence in the performance of all covenants and conditions to be kept and performed under the terms of this agreemcnt. 13. Headings: The section hcadings contained herein are for convenience and reference and are not intended to definc or limit the scope of any provisions of this agreement. 14. I nde\1cndent Contractor: It is understood by the parties hereto that the Humane Society is an independent contractor and, as such, neither it nor its employees, if any, are employees of the City of Bozcman f<Jr any purposes including, but not limited to, taxcs, retiremcnt systcm, or Social Security (FICA withholding), Humanc Society Lcase Page 5 '. . \ . ~.. " ~ 15. Assil!;nment: The Humane Society shall not assign any right or obligation hereunder, in whole or in part, without the prior written consent of the City of Bozeman. 1 (). Attornev's [< ees and Costs: In the event it becomes necessary for either party to this agreement to retain an attorney or use an in-house counsel, to include the City Attorney, to enforce any of the terms or conditions of this agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include fees, costs, and salary of in-house counseL 17. Modifications: Any amendments or modifications to this agreement, or any provisions hereunder, shall be made in writing and executed in the same manner as the original document and shall after execution become part of this agreement. 18. Binding Effect: 'The covenants and agreements herein contained shall be binding upon the parties hereto, their successors and assigns. 19. Venue: This agreen1Cnt 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, Humane Society Lease Page 6 ------------------- . . , " '. CITY OF BOZEMAN / ~ . """----', I \) /\ 'I ..... . iI , 'r- ",i" By''''' .. ' \'. '..' '. . """\ -"} .\..", i_< . i\j,-, '^-- __".__~_.,_~.._0' -- \- II "'c'~ .lincs E. Wysocki, City Managei"\- ATTEST: ~,;/ iJ/7n. -(@- ~ Robin 1,. Sullivan, Clerk of Commission APPROVED AS TO FORM: .~ ..-' " </ / I .~ I:.I..",~.,' r /(' 1/ _......: ((t(.. .,.--:~.- ({(L \" .____~" Paul 1. Luwe, c;ity Attdrney Humane Society Lease Page 7