HomeMy WebLinkAbout97- Humane Society of Gallatin County Agreement
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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:
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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:
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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;
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(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:
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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,
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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),
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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,
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CITY OF BOZEMAN
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.lincs E. Wysocki, City Managei"\-
ATTEST:
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Robin 1,. Sullivan, Clerk of Commission
APPROVED AS TO FORM:
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Paul 1. Luwe, c;ity Attdrney
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