HomeMy WebLinkAbout19- Agreement - Heart of the Valley, Inc. - Animal Shelter Services AGREEMENT
THIS AGREEMENT is entered on this 11:�day of h , 2019, by and between
the HEART OF THE VALLEY, INC. (hereinafter referred to as the HOV) and the CITY OF
BOZEMAN (hereinafter referred to as the City).
WITNESSETH:
WHEREAS,the City requires an animal shelter for the purpose of impounding and caring
for the animals found in violation of City ordinances; and
WHEREAS, the HOV serves to care for animals found or abandoned in locations within
the City limits; and
WHEREAS, the City has a financial responsibility to pay for reasonable costs at a rate
consistent with the amount of impact from animals located or impounded within the City limits;
and
WHEREAS,the HOV is located at 1549 E. Cameron Bridge Road; and
WHEREAS,the HOV maintains and operates the animal shelter which assists the City in
enforcing animal related ordinances; and
WHEREAS,agreements that take into account the best interests of the animals,operations
of the HOV and operations of the City are important.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. Animals at Large
A. The HOV hereby agrees to admit and to accept responsibility for the care
and custody of all animals impounded at the HOV facility by personnel of
the City within the City limits exclusively for running at large, subject to
the limitations in Section 3 below. The HOV agrees to take reasonable care
of such animals in a manner consistent with good standard practices of
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animal shelters to include, but not be limited to, providing proper food,
water and shelter.
1. If the HOV determines that such animals require any vaccinations
or other treatment in order to protect the greater population of
animals, the HOV may administer such treatment. With the verbal
authorization of the City, the HOV may also administer additional
veterinary care to reduce the suffering of a sick or injured animal.
2. Any such animals that are not reclaimed by an owner within four(4)
days shall become the property of the HOV.
B. The HOV shall also accept animals that are running at large inside the City
limits which are brought into the HOV by the general public. At the time
of the animal intake, the HOV shall fax or e-mail to the police records or
dispatch center an Animal Impound Log In/Notification Form for each such
animal. The four day custody period will begin after this contact is
completed. At no time will the City be billed for animals brought in by the
owner or animals that are brought in for adoption.
C. For purposes of this Agreement, "animals at large" shall mean domestic
dogs and/or puppies, cats and/or kittens, including feral cats that is off the
premiss of the owner, keeper, or responsible custodian of the animal and
not on a leash or confined within a kennel, cage, or motor vehicle, or
otherwise under the immediate control of a person physically capable of
restraining the animal.
D. The HOV will not release any animal impounded under this section without
a written or verbal Authorization to Release from the City. If for any reason
the City fails to grant an owner a written Authorization to Release within
the four day custody period described in paragraphs A and B above, then
the City must notify the HOV before the end of the four day period, and the
animal will be subject to all provisions of Section 2 unless the City and the
HOV mutually agree in writing to a different arrangement.
2. All Other Impounds
A. The HOV hereby agrees to admit and to accept responsibility for the care and
custody of all animals impounded at the HOV facility by the City for any
reasons other than or in addition to running at large, subject to the limitations
in Sections 3 and 4 below. The HOV agrees to take reasonable care of such
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.
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B. The HOV will provide this care at no additional cost for a period of up to 7 days
per animal, after which time the burden of additional costs will be transferred
to the owner. If the owner prefers, HOV may instead take ownership of the
animal and put it up for adoption.
C. If the HOV determines that such animals require any vaccinations or other
treatment in order to protect the greater population of animals, the HOV may
administer such treatment. With the oral authorization of the City, the HOV
may also administer additional veterinary care to reduce the suffering of a sick
or injured animal.
D. Any such animal impounded for rabies quarantine will be held the longer of 10
days from the time of the bite or whatever time is required by the Gallatin
County Health Department unless the City authorizes release to the owner
sooner. No animal will be released from quarantine without a signed Rabies
Quarantine Release Form (Exhibit A).
E. All other such animals held pursuant to Section 2 will be held by the HOV until
they are released:
1. To the HOV, by a release signed by the owner, the owner's legal
representative or by a court of law; or
2. To the owner, by a release signed by the City.
F. The following will apply to any animal held pursuant to this section for a
mandatory spay/neuter:
I. The HOV may notify the City if it believes an animal is subject to
8.02.140.C, Bozeman Municipal Code, as amended. Otherwise,
enforcement of such municipal code requirements is the
responsibility of the City.
2. The City and HOV will mutually determine the appropriate vet to
do the surgery and arrange for transportation, if necessary.
3. Payment of all boarding fees and surgery costs shall initially be the
responsibility of the animal owner. If the animal is not reclaimed
within 4 days, HOV will notify the City, the animal will be placed
for adoption and the unpaid boarding fees and surgery costs shall
then be borne by the City.
3. Exclusion
The term "animals" as used in this Agreement, shall include only domestic dogs
and/or puppies, cats and/or kittens, including feral cats, and no other animals.
4. Limitation
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Without prior notification, the HOV will not accept more than 10 animals from any
one given situation, or 50 animals per month. Upon notification,the HOV will use
its best efforts to accept the animals but may choose not to accept all the animals,
and the City will be responsible for seeking care for those animals elsewhere.
5. Euthanasia During Impound Period
The HOV shall only euthanize an animal during the impound period upon written
request by the City, order of a court of law, or if such animal is seriously injured,
hopelessly sick or injured beyond any reasonable chance of recovery, or any kitten
weighing under one pound or any puppy under four weeks of age brought in without
a mother.
6. Dead Animals
The HOV will hold bodies of any dead animals brought in by the officer for four
days in case an owner comes in to identify the animal. After four days, the HOV
will send the body for cremation.
7. Records
A. The City, upon impounding an animal, will provide a written record to the
HOV to include:
1. The date and time the animal was impounded;
2. A description of the animal by breed, gender,physical
characteristics, collar and/or tags and assigned identification
number;
3. Location where the animal was found and reason for
impoundment;
4. Name, address,telephone number and location of the animal's
owner, if known; and,
5. Name and badge number of the officer impounding the animal.
B. The HOV will provide a written record of the disposition of all animals
impounded by the City, to include:
1. Disposition, date and time of same;
2. Name, address and phone number of owners reclaiming their
anneal;
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 the HOV representative releasing or euthanizing the
animal; and,
5. A monthly itemized account of all animals impounded within the
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City limits and any additional charges for related services.
C. The HOV will release animals only to citizens who possess and present the
appropriate paperwork.
8. Fees
A. For the services provided in Sections 1 and 2, the City shall pay the HOV
an amount of$11,000 per month for fiscal year(s) 2020 - 2022.
B. For animals impounded, the HOV may collect daily boarding/reclaim fees
from the owner at the time the animal is reclaimed. The boarding and
reclaim fees will be set by the HOV (refer to Exhibit B).
C. Subject to the limitation in Section 4, if the City brings 10 or more animals
into the shelter from any one given situation,the City will pay an additional
fee of $300 to the HOV as emergency funding for each group of ten 10
animals or part thereof and all other fees still apply.
D. In addition to the foregoing,the City will pay the HOV the cost of additional
veterinary services for any impounded animal authorized by the City and
not paid by the owner.
E. The HOV will bill the City monthly for all fees due under this Agreement,
and such fees are due and payable within 30 days of receipt of the bill. The
HOV may add finance charges for any bill not paid within 30 days, and the
City agrees to pay such charges.
F. The HOV agrees to sell City licenses to any Bozeman City resident who
wishes to purchase a license for an existing cat or dog, or mandatorily as
part of any HOV site adoption by a Bozeman City resident of any dog or
cat with a current rabies vaccination.
1. The City agrees to provide necessary license documents and tags for
issuance.
2. The HOV will forward copies of issued licenses to the City on a
weekly basis, or as needed.
3. The HOV will at all times hold to the City policies with regard to
vaccination and spay/neuter documentation and pricing for
licensure.
4. The HOV will submit a monthly report to the City detailing the
license fees collected and to be credited against fees due from the
City.
9. Veterinary Care
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In the event an animal is brought into the shelter by an officer or by a citizen from
within the City limits and the animal is logged into the HOV as a City impound and
a veterinary situation is present or arises, such animal will receive appropriate
veterinary care. The HOV will notify the officer to such attention, and the City will
reimburse the HOV for the cost of such veterinary services pursuant to Section 1 A 1
and 8D above, if not paid by the owner.
10. Access to the HOV
The HOV will provide the City and public access for after hour impounds with an
unlocked room on the north side of the building where adequate housing is provided
for impounded animals. Food and water as well as log in forms will be available
in this room. The HOV will notify Gallatin County Records of citizen drop off, to
include the impound number and any other necessary information previously
referenced in this Agreement.
11. Term
The term of this Agreement shall be from the Is' day of July 2019 through the 30"'
day of June 2022. For the purpose of reviewing this Agreement, the HOV agrees
to provide the City with financial statements and other records as required
supporting any requested increase in the base monthly fee.
12. Compliance with Bozeman Municipal Code
The HOV agrees to comply with all provisions of the Bozeman Municipal Code.
13. Discrimination
HOV agrees not to discriminate either in employment or in the delivery of services
or benefits in the fulfillment of this agreement on the basis of actual or perceived
race, color, religion, national origin, sex, gender identity (as defined in paragraph
249(c)(4)of title 18, United States Code), actual or perceived sexual orientation, or
disability. HOV agrees to take reasonable steps to ensure that persons with limited
English proficiency or hearing impairment have meaningful access to a translator.
14. Independent Contractor Status/Labor Relations
The parties agree that HOV is an independent contractor for purposes of this
Agreement and is not to be considered an employee of the City for any purpose.
HOV is not subject to the terms and provisions of the City's personnel policies
handbook and may not be considered a City employee for workers' compensation
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or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between HOV and any third parties.
HOV shall comply with the applicable requirements of the Workers' Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana,
Title 39, Chapter 71, MCA. HOV shall maintain workers' compensation coverage
for all employees of HOV's organization, except for those who are exempted by
law.
Upon request, HOV shall furnish the City with copies showing one of the
following:
(1) a binder for workers' compensation coverage by an insurer licensed and
authorized to provide workers' compensation insurance in the State of Montana; or
(2) proof of exemption from workers' compensation granted by law for
independent contractors.
HOV shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of,resulting from, or
occurring in connection with any labor problems or disputes with HOV employees,
officers, agents or contractors or any delays or stoppages of work associated with
such problems or disputes.
15. Indemnity/Waiver of Claims/Insurance
For other than professional services rendered,to the fullest extent permitted by law,
HOV agrees to release, defend, indemnify, and hold harmless the City, its agents,
representatives, employees, and officers (collectively referred to for purposes of
this Section as the City)from and against any and all claims, demands, actions,fees
and costs (including attorney's fees and the costs and fees of and expert witness
and consultants), losses, expenses, liabilities (including liability where activity is
inherently or intrinsically dangerous) or damages of whatever kind or nature
corulected therewith and without limit and without regard to the cause or causes
thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or
resulting from or in any way related to: (i) the negligent, reckless, or
intentional misconduct of HOV; or (ii) any negligent, reckless, or intentional
misconduct of any of the HOV's agents.
For the professional services rendered, to the fullest extent permitted by law,
Contractor agrees to indemnify and hold the City harmless against claims,demands,
suits, damages, losses, and expenses, including reasonable defense attorney fees,to
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the extent caused by the negligence or willful misconduct of HOV or HOV's agents
or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification
obligations of this Section must not be construed to negate, abridge, or reduce any
common-law or statutory rights of the indemnitee(s) which would otherwise exist
as to such indemnitee(s).
HOV's indemnity under this Section shall be without regard to and without any
right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against HOV
to assert its right to defense or indemnification under this Agreement or under the
HOV's applicable insurance policies required below the indemnitee shall be
entitled to recover reasonable costs and attorney fees incurred in asserting its right
to indemnification or defense but only if a court of competent jurisdiction
determines HOV was obligated to defend the claim(s) or was obligated to
indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City's performance
under this Agreement, the City may elect to represent itself and incur all costs and
expenses of suit.
HOV also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to
person or property arising from, growing out of, or in any way connected with or
incident to the performance of this Agreement except "responsibility for his own
fraud,for willful injury to the person or property of another, or for violation of law,
whether willful or negligent" as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services
performed hereunder.
In addition to and independent from the above,HOV shall at HOV's expense secure
insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities
and obligations specifically assumed by HOV in this Section and shall not contain
any exclusion for liabilities specifically assumed by HOV in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses,
and expenses that may be asserted or claimed against, recovered from, or suffered
by the City without limit and without regard to the cause therefore and which is
acceptable to the City and HOV shall furnish to the City an accompanying
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certificate of insurance and accompanying endorsements in amounts not less than
as follows:
® Workers' Compensation—statutory;
® Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
® Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
® Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate; and
The above amounts shall be exclusive of defense costs. The City of Bozeman, its
officers,agents,and employees, shall be endorsed as an additional or named insured
on a primary non-contributory basis on both the Commercial General and
Automobile Liability policies. The insurance and required endorsements must be
in a form suitable to City and shall include no less than a thirty (30) day notice of
cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Contractor commencing work. HOV shall notify City
within two (2)business days of HOV's receipt of notice that any required insurance
coverage will be terminated or HOV's decision to terminate any required insurance
coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
16. Termination for Breach
a. If HOV refuses or fails to timely do the work,or any part thereof,or fails to perform
any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, which default has not been cured after 30-days'
written notice by the City to HOV, the City may, by written notice, terminate this
Agreement and HOV's right to proceed with all or any part of the work. The City
may then take over the work and complete it, either with its own resources or by
re-letting the contract to any other third party.
b. If the City fails to perform any of its obligations under this Agreement,or otherwise
breaches any terms or conditions of this Agreement, which default has not been
cured after 30-days' written notice by HOV to the City, HOV may, by written
notice,terminate this Agreement.
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c. In the event of a termination pursuant to this Section, HOV shall be entitled to
payment only for those services HOV actually rendered.
d. Any termination provided for by this Section shall be in addition to any other
remedies to which the non-breaching Party may be entitled under the law or at
equity.
e. In the event of termination under this Section, the Parties shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost
business opportunity, lost productivity, field office overhead, general conditions
costs, or lost profits damages of any nature arising, or claimed to have arisen, as a
result of the termination.
17. Termination for City's Convenience
a. Should conditions arise which, in the sole opinion and discretion of the City, make
it advisable to the City to cease performance under this Agreement City may
terminate this Agreement by written notice to HOV ("Notice of Termination for
City's Convenience"). The termination shall be effective in the mariner specified
in the Notice of Termination for City's Convenience and shall be without prejudice
to any claims that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City's Convenience,unless otherwise
directed in the Notice, the HOV shall immediately cease performance under this
Agreement and make every reasonable effort to refrain from continuing work,
incurring additional expenses or costs under this Agreement and shall immediately
cancel all existing orders or contracts upon terms satisfactory to the City. HOV
shall do only such work as may be necessary to preserve, protect, and maintain
work already completed or immediately in progress.
c. In the event of a termination pursuant to this Section, HOV is entitled to payment
only for those services HOV actually rendered on or before the receipt of the Notice
of Termination for City's Convenience.
d. The compensation described in this Agreement is the sole compensation due to
HOV for its performance of this Agreement. HOV shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature arising, or claimed to have arisen, as a result of
the termination.
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18. Limitation on HOV's Damages; Time for AssertingClaim
laim
a. In the event of a claim for damages by Contractor under this Agreement, HOV's
damages shall be limited to contract damages and HOV hereby expressly waives
any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature or kind.
b. In the event HOV wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim,within ninety(90)days of the facts and circumstances
giving rise to the claim. In the event HOV fails to provide such notice, HOV shall
waive all rights to assert such claim.
19. HOV's Representations: To induce City to enter into this Agreement, HOV makes
the following representations:
a. HOV has familiarized itself with the nature and extent of this Agreement with all
local conditions and federal, state and local laws, ordinances, rules, and regulations
that in any manner may affect cost, progress or performance of the services
provided.
b. HOV represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services
in a professional, competent and timely manner and with diligence and skill; that it
has the power to enter into and perform this Agreement and grant the rights granted
in it; and that its performance of this Agreement shall not infringe upon or violate
the rights of any third party, whether rights of copyright, trademark, privacy,
publicity, libel, slander or any other rights of any nature whatsoever, or violate any
federal, state and municipal laws. The City will not determine or exercise control
as to general procedures or formats necessary to have these services meet this
warranty.
20. Intoxicants,• DOT Drug and Alcohol Regulations/Safety and Training: HOV shall
not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal
drugs, by any employee or agent engaged in services to the City under this Agreement
while on City property or in the performance of any activities under this Agreement. HOV
acknowledges it is aware of and shall comply with its responsibilities and obligations under
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the U.S. Department of Transportation(DOT) regulations governing anti-drug and alcohol
misuse prevention plans and related testing. City shall have the right to request proof of
such compliance and HOV shall be obligated to furnish such proof.
The HOV shall be responsible for instructing and training the HOV's employees
and agents in proper and specified work methods and procedures. The HOV shall provide
continuous supervision of the work performed. The HOV is responsible for instructing his
employees and agents in safe work practices.
21. Modification and Assi_n�tX: This Agreement may not be enlarged,modified or
altered except by written agreement signed by both parties hereto. The HOV may not
subcontract or assign HOV's rights, including the right to compensation or delegate its
duties arising hereunder, without the prior written consent of City. Any subcontractor or
assignee will be bound by all of the terms and conditions of this Agreement.
22. Reports/Accountability/Public Information: HOV agrees to develop and/or provide
documentation as reasonably requested by the City demonstrating Contractor's compliance
with the requirements of this Agreement.
23. Non-Waiver: A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party's right to
enforce such term or conditions or to pursue any available legal or equitable rights in the
event of any subsequent default or breach.
24. Attorney's Fees and Costs: That in the event it becomes necessary for either Party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing Party or the Party
giving notice shall be entitled to reasonable attorney's fees and costs,including fees, salary,
and costs of in-house counsel to include City Attorney.
25. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel
from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested
mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the date
the dispute was fast raised, then such dispute may only be resolved in a court of
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competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
26. Survival: HOV's indemnification obligations shall survive the termination or
expiration of this Agreement for the maximum period allowed under applicable law.
27. Headinjzs: The headings used in this Agreement are for convenience only and are
not be construed as a pant of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
28. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
29. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
30. BindingE : This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
31. No Thud-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties,does not constitute a third-party beneficiary agreement, and may not be relied upon
or enforced by a third party.
32. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
33. Integration:_ This Agreement and attached Memorandum of Understanding hereto
constitute the entire agreement of the parties. Covenants or representations not contained
therein or made a part thereof by reference, are not binding upon the parties. There are no
understandings between the parties other than as set forth in this Agreement. All
communications, either verbal or written, made prior to the date of this Agreement are
hereby abrogated and withdrawn unless specifically made a part of this Agreement by
reference.
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year indicated below.
City of Bozeman, Montana Heart of the Valley,Inc.
By By VW �
4Manager Name: Marla Caulk, Executive Director
44 aw-oi '"`2 , AchI
APPROVED AS TO FORM:
By 6 Greg S lliv n, Bozeman City Attorney
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EXHIBIT A
Rabies Quarantine Release Form
Species: Intake No.:
Animal Name: Sex: Age:
Breed: Color: Weight:
Owner Name: Contact Number:
Address:
Rabies Tag #: License #:
Date vaccinated: Date bite occurred:
Clinic/veterinarian:
After the 10 day rabies quarantine (or whatever time is required by the Gallatin County Health
Department), the animal must be examined by a licensed veterinarian for signs of rabies. If the
animal's rabies vaccination is not current, it is the responsibility of the owner to ensure the animal
receives a vaccination.
I have examined this animal and it does not display any clinical symptoms of rabies.
Additional comments:
Veterinarian Signature Veterinarian Printed Name
Animal Hospital/Shelter Address
Date Examined Telephone #
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EXHIBIT B
Heart of the Valley Animal Shelter
Fee Schedule For
Reclaiming Stray or Surrendered Pets
(Subject to change with 30 days notice)
Boarding Fees
Dogs/Puppies:
1. $40 per dog or puppy for the first day, or part thereof, of impoundment.
2. $15 per day, or part thereof, after the first day, per dog or puppy.
Cats/Kittens:
1. $15 per cat or litter of up to 6 kittens for the first day, or part thereof, of impoundment.
2. $10 per cat or litter of up to 6 kittens for each day, or part thereof after the first day.
Medical for Strays and Surrenders
Dogs/Puppies Cats/Kittens
Spay $100 Spay $70
Neuter $80 Neuter $50
Dental $100 Dental $90
Other Medical Procedure $80/hr Other Medical Procedure $80/hr
Additional Medical for Owner's Reclaiming Surrendered Pets
Dogs/Puppies Cats/Kittens
Worming $5-15 Worming $5-10
Rabies $10 Rabies $10
DHAPP $5/shot FVRCP $5/shot
Bordatella $5/shot Bordatella $5/shot
Antibiotics $5/dose Antibiotics $5/dose
FIV/FeLeuk Test $20
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