HomeMy WebLinkAbout02- Humane Society of Gallatin Valley Agreement
ACiREEMENT
THIS AGREEMENT, cntecod into on this J!day of :f~~':t; _,2002, hy and hetween the
HUMANE SOCII-:TY OF GALLATIN V ALLEY (hereinafter referred to as the Humanc Society) and
the CITY OF 1-30ZEMAN.
WJTNESSETH:
\VHEREAS, the City of Bozeman requires an animal shelter ((n' the purpose of impounding
alld caring 1"01' the animals fl.)lllld in violation of City of Bozernan ordinances; and
WHEREAS, the I Iumane Society leases prelnises locatcd at 2125 North Rouse from the City
or 1-3ozeman (l.)r the operation of an animal shelter; and
WHEREAS, the Humane Society maintains and operates the anilllal shelter which
assists the City of 1-3ozeman in entl.)l'cing animal related ordinallces.
NOW, THEREFORE, IT IS lIEREHY ACiREED AS FOLLOWS:
I. Care and custody:
a. 'I'hc I IUlnane Society hereby agrces to admit and to accept responsibil ity fl.)r the
care and custody of all domestic animals ilnpounded by the City of Bo/emall
ofTicers. The Humanc Society agrces to take reasonablc care of the animals in
a manner consistent with good standard practices of animal she! tcrs to inc lude,
but not be limited to providing proper fl.)ocl, water and shelter for these
animals. The Humane Society agrecs to accept all dornestic aninulls brought
by the City of Bozeman Animal Control and Police Officers.
b. After City Animal Control hours, the Humane Society will accept animals
f()Und within the: City limits that are brought to the shclter by the general public.
However, an Animal C:ontrol or Police Officer will be called to take a report
and issue citations, if appropriate.
2. .E2\clusion:
The tenn "animals" as used in this Agreement, shall includc only domestic and not wild
animals excluding fCnt! cats. Any animal that is not domesticated and Cllls within the
definition ora wild animal, othertban reral cats, such as, but not limited to, bats, skunks
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and raccoons shall not be covered in this ^greement. With the exception offeral cats,
the Humane Society will not accept or hold any livestock, ((lwl or wild animal.
3. Records:
City of Bozeman orficers, llpon impounding an animal, will provide a written record
to the Ilulnane Society, to include:
a. Date ancl time animal is iUlpounded;
b. A description of the animal by breed, gender, physical characteristics,
collar/tags and assigned identification number;
c. Location animal was found and reason for impoundment; and
d. Name or number of officer impounding animal.
The lIulnane Society will provide a written record of the disposition of all
animals impounded by 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. Name of Humane Society representative releasing or euthanizing the animal;
and
d. A monthly itelnized account of all animals and charges for related services.
4. Holding:
a. The 1 Iumane Society hereby agrees to hold any animal impounded f(w violation
of City ofKozeman ordinances I~)r a periocl offour (4) calender days, beginning
on the day the animal is brought to the shelter, unless sooner claimed by
owners. Any animal impounded f(wrabies quarantine will be held for a period
of ten (10) calender days from the time of tlle bite unless City of Bozeman
Officers authorize release prior to end of quarantine period. The Humane
Society shall no! release any impounded animal to its owner without a written
Authorization to Release from the City of Bozeman.
b. The parties may negotiate fees regarding any animal held I()r a special reason,
such as a court case, or cruelty investigation, Negotiations must be done in a
timely manner and, iffees arc to be lnodified iI-om those set f<Jrth in paragraph
5(b) below, a written agreement must be drafted.
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c. The Humane Society shall be responsible II)]' any unclaimed animal after tCHlr
calendar days. Such responsibility includes all costs r()r the eare orthc animal.
d. The Humane Society will euthani!.e any impounded animal upon written
request by an authori/ed representative or the City of Bozeman or order of a
court.
5. Fees:
a. The ('ity ofBo!.eman shall pay the Humane Society the fllllowing fecs on a mOllthly
basis after recciving a detailed billing:
l. Two Thousand ($2,000.00) per month for providillg access to, and maintaining,
the shelter.
2. Twenty Dollars ($20) for euthani!.ing and disposing of any animal ilnpounded
by an authorized City of Bozeman representative, ifit is euthanized by shdter
staIr If the City o I' Bozeman directs that a veterinarian is to cuthanize, then the
City ofHOI.eman will be respollsible for direct charge f'i"om veterinarian. A Ten
Dollar ($10) charge applies to any animal brought into the sheltcr DOA.
3. In the event that an animal is not c1ailned after the (4) calendar day holding
period, the city shall pay the Humalle Society a flat ree 01'$25 per dog, $15 per
cat and/or litter of kittens and $10 per other small animal. This fee will be in
place of the initial impound fee and daily boarding fees.
b. Daily impound fces for allY animal impounded or authorized by the City ofBozelnan
officers will be collected by the Humane Society at the time the allimal is claimed by
the owner. The fecs for the period of this agreement are as Il.)lIows:
I. Pi fteen Dollars ($15.00) impound tee fl.)r the fi rst day 0 I' ilnpoundlllent by
an authorized City of BO/,eman representative;
2. Ten Dollars ($10.00) pcr day or any part thercoC aftcr the nrsl day Il.)r
keeping allY dog or other animal not specilied within this agreemcnt;
3. Nine Dollars ($(U)O) per day or any part thereot~ after the lirst day Ilw
keeping any cat and/or litter impounded by an authorized City of Bozeman
Representati vc. A ftCI' the first day's chargc, there shall bc no additional c hargcs
which shall excecd $15,00 totalll)r any unclaimcd cat or up to six kittens fi-om
the same littcr or $20.00 for evcry litter cxceeding six kittens;
c. If the ('ity brings tcn (10) or more animals into the shelter ti"om anyone given
situation, the Humane Society may rcquire the City to pay Three Hundrcd ($300.00)
Dollars to the IIurnane Society as emergency funding fl.)!' each group of tcn (10)
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animals and all other tees shall also apply.
6. Disposal of Dead Animals:
Should, at any time, thc Human Society determine that it needs to deposit a dcad animal
at the City of Bozeman landfill, the City agrees to waive all required fees.
7_ Access to Humang Society Animal Shelter:
The City of Hozelnan Police Department will be provided with a key to the animal
shelter for the purpose of impounding or releasing animals during the hours that the
animal shc1teris closed. City of Hozeman ofticers having access to the key arc to
maintain shelter security by keeping doors locked and by following established shelter
policies and procedures. Finally, the Humane Society expressly authorizes the City of
Bozeman to made additional copies ofthe key to provide oniccr's access as necessary.
k. Term:
The term of this Agreemellt shall be from the I Sl day of July 2002 through the 30th day
of June 2005. This Agrcement will be reviewcd by the City of BOI,eman and the
Humane Society on or before March I, 2005, fi.)r appropriate changes to a new
agreement to commcnce on the I st day of .July 2005. For the purpose to reviewing this
agreement, the Humane Society agrees to provide the City of Bozeman, on or before
March 1,2005, with financial statemellts and other records as required.
9. 'rermination.~
Either party may terminate this agreement by giving sixty (()O) days written notice to the
other party.
10. Compliance with Bozeman Municipal (:Qde:
The Humane Society agrees to comply with all provisions of the Bozeman
Municipal Code.
11. Indemnification:
The Humane Society agrees to indemnify, defend and hold the City of Hozeman, it's
officials alld clnployees, ham11ess from any and all expenscs, cause or causes 0 ['action,
damages, suits, claims, judgements and liability, including but not limited to personal
injury, illness, death, property damage, and charges, oi'whatevcr kind, nanle or nature,
resulting fi.onl or arising out of the care, maintenance, euthanizing and disposal of
animals under this agrcelnent.
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12. NOlJ-waiver:
Waiver by either party of the strict performance of any provision of'this agreernent shall
no! be a waiver of or prejudice the parties' right to require strict performance of the
same provision in the future, of any other provisions_
13. Time of' Lssence:
It is mutually agreed that time is of the essence in the pcrformance of'all covenants and
conditions to be kept and performed under the terms of this agreelnent.
14. Heading.s:
The section headings contained herein are for convenience and ref'erence and are not
intended to define or limit the scope of any provisions of this agreement.
IS. Independent Contractor:
It is understood by the parties hereto that the Humane Society is an independent
cOlltractor and, as such, neither it nor its elnployees, if'any, arc employees of'the C'ity
ofBOI.eman tor any purposes including, but not limited to, taxes, retirement system, or
Social Security (FICA withholding),
16. Assif-!:nment:
The Humane Society shall 1l0t assign any right or obligation hereunder, in whole or in
part, without the prior written consent of the ('ity of Bozeman.
17. Attorney's Fees and Costs:
In the event it becomes necessary f'or either party to this agreement to retain an attomey
or use an in-house counsel, to include the City Attorney, to enforce any of the tern1S 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.
IS. M_Qdi lications:
AllY arnendments or modifications to this agreement, or any provisions hereunder, shall
be made in writillg and executed in the sarlle manner as the original document and shall
after execution become part of this agreement.
19. Llinding: ef'lCct:
'fhe covenants and agrecments herein contained shall be binding upon the parties
hereto, their successors and assigns.
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20. Yenue:
This agreement shall be construcd under and governed by thc 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 OF GALLATIN V ALLEY
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Executive Director
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Boal:di)r~:~-~iellt
CITY OF BOZEMAN
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Clark Johnson, City Manager
ATTEST:
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Rohin Sullivan
Clerk orthe City COlllmission
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