Loading...
HomeMy WebLinkAbout08- Heart of the Valley Animal Shelter Contract for Fiscal Year 2009.~ BDZEMAN PDLICE DEPARTMENT C1xie~~nf Police Iaatit' ~ Justic'e Center Uepzrty C"hies <15 South 16t1~ Avenue ~llcrrk TvrxxraA: Boze~nar~, IITT 59715 Telephone: (406) 582-?000 Commission Memorandum REPORT TO: Honorable Mayor and City Commission Mar°tv Ker71 -Patrol Mark Lacl~apelle - Investigations FROM: Lieutenant Rich McLane, Hozeman Police Department SUBJECT: New Heart of the Valley Animal Shelter Contract MEETING DATE: June 16, 2008 RECOMMENDATIONS: 1) Adopt new contract with Heart of the Valley for FY09, 1 year contract BACKGROUND: Prior to June 30, 2008, the City of Bozeman has contracted services under a 3 year contract with. the Heart of the Valley, Inc, Animal Shelter for the purpose of impounding and caring for animals found in violation of City of Bozeman ordinances, receiving animals turned in by citizens of Bozeman and handling minimum medical care, or euthanasia/cremation when warranted or necessary. Approximately 4 months ago, the city Staff and HOV, Inc staff began negotiations for a new contract. The city was informed of a substantial increase in costs for continued services similar to those offered historically. HOV presented supporting documentation, financial records and discussion justifying an increase from approximately $30,000/year in costs to approximately $b2,000/year in costs. In the past 4 months, the City of Bozeman staff' has reviewed these services, conducted counter offers in regards to the extent and manner of services addressed in the contract and have agreed to a tentative contract for FY09, pending your approval for adoption. HOV did indicate another substantial increase in FY10 and staff advised HOV that formal presentation to the commission maybe necessary at that time. It is our recommendation at this time that while these fiscal impact for this increase is substantial, the services rendered in regards to animal care are extxezxiely beneificial and necessary to the citizens of Bozeman, that this contract be approved and adopted fora 1 year term from July 1, 2008 to June 3Q, 2009. ALTERNATIVES: As suggested by the City C,ormnission. FISCAL EFFECTS: Increase in annual contracted services cost to the City of approximately $32,000. Respect. lly submitte , Rich Mcl,a e Lieutenant, Bozeman Police Department TTD/TTY. (406) 582-2001 bozen~anpnlice.conz FAX. (40O .581-2002 Integrity ~ Professionalism Final 5/29/08 AGREEMENT THIS AGREEMENT is entered into on this S day of ~~~~ , 2008, by and between the HEART OF THE VALLEY, INC. (hereinafter referred to as the H.O.V.) and the CITY OF BOZEMAN (hereinafter referred to as City). WITNESSETH: WHEREAS, the City 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. is located at 1549 E. Cameron Bridge Road; 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: Animals at Lame: A. The H.O.V. hereby agrees to admit and to accept responsibility for the care and custody of all animals impounded at H.O.V.'s facility by law enforcement officers within the limits of the City of Bozeman [hereinafter referred to collectively as Bozeman Police or City Animal Control exclusively for running at large, subject to the limitations in Section 3 below. The H.O.V. 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. If the H.O.V. determines that such animals require any vaccinations or other treatment in order to protect the greater population of animals, the H.O.V. may administer such treatment. With the verbal authorization of City, the H.O.V. also may 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 H.O.V. Page 1 of 8 Final 5/29/08 B. The H.O.V. may also accept animals that are running at large inside of the City limits which are brought into the H.O.V. by the general public. At the time of the animal intake, H.O.V. shall contact City dispatch regarding all such animals, and the Animal Control or Patrol officer will contact H.O.V. to obtain information for 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 for animals brought in by the owner or animals that are brought in for adoption. C. Far purposes of this agreement, "animals at large" shall include animals (as defined in Section 3 below) that are off the premises of the owner, keeper or responsible custodian of the animal, and not on a leash or confined within a kennel, cage, ar motor vehicle, or otherwise under the immediate control of a person physically capable of restraining the animal. D. H.O.V. will not release any animal impounded under this Section without a written Authorization to Release from City. If for any reason City fails to grant an owner a written Authorization to Release within the 4-day custody period described in Paragraphs A, and B. above, then the City must notify H.O.V. before the end of the 4-day period, and the animal will be subject to all provisions of Section 2 unless City and H.O.V. mutually agree in writing to a different arrangement. 2. All Other Im ounds: A. The H.O.V. hereby agrees to admit and to accept responsibility for the care and custody of all animals impounded at H.O.V.'s facility by City for any reasons other than or in addition to running at large, subject to the limitations in Sections 3 & 4 below. The H.O.V. 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. B. If the H.O.V. determines that such animals require any vaccinations or other treatment in order to protect the greater population of animals, the H.O.V. may administer such treatment. With the verbal authorization of City, the H.O.V. also may administer additional veterinary care to reduce the suffering of a sick ar injured animal. C. Any such animal impounded for rabies quarantine will be held the longer of ten (] 0) days from the time of the bite or whatever time is required by the Gallatin County Health Department unless City authorizes release to the owner sooner. No animal will be released from quarantine without a signed release (form to be developed jointly by HOV and City and attached to this agreement). Page 2 of S Final S/29/OS L7. All other such animals held pursuant to this Section will be held by the H.O.V. until they are released: 1. To the H.O.V., by a release signed by the owner, the owner's legal representative or by a Court, or 2. To the owner, by a release signed by City. E. The following will apply to any animal held pursuant to this Section. for a mandatory spay/neuter: 1. H.O.V. may notify City if it believes an animal is subject to Ordinance 6.04.130.C. Otherwise, enforcement of such ordinance is the responsibility of City. 2. City must schedule an outside vet to do the surgery and transport the animal to the vet. 3. Payment of all boarding fees and surgery costs must be borne by 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 rabbits, and no other animals. 4. Limitation; The H.O.V. will not accept more than ten (10) animals from any one given situation, or l:zfty (50) animals per month without prior notitcation. Upon notification, the H.O.V, will use its best efforts to accept the animals but may choose not to accept all the animals, and City is responsible for seeking care for those animals elsewhere. S. Euthanasia Durin lm ound Period: The H.O.V. shall only euthanize an animal during the impound period upon written request by City, order of a court, or if such animal is seriously injured, hopelessly sick or injured beyond any reasonable chance of recovery, or any kitten ar puppy under four (4) weeks of age brought in without a mother. 6. Dead Animals: H.O.V. will hold bodies of any dead animals brought in by City Animal Control for 4 days in case an owner comes in to identify the animal. After 4 days, H.O.V. will send the body for cremation. Page 3 of 8 Final S/29/08 7. Records: A. City officers, upon impounding an animal, will provide a written retard to H.O.V., to include: 1. Date and time animal is impounded; ?. A description of the animal by breed, gender, physical characteristics, collar/tags and assigned identification number; 3. Location animal was found and reason far impoundment; 4. Name, address, telephone number and location of owner, if known; and S. Name and badge number of officer irpounding animal. B. H.O.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, 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 lagged in under the City account; 4. Name of H.O.V. representative releasing or euthanizing the animal; and 5. A monthly itemized account of all animals impaunded by the City of Bozeman and any additional chaxges for related services. 6. H.O.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 individuals' consent, may photocapy that identification for use by law enforcement. The individual has the right to refuse to allow a photocopy to be made. 8. Fees: A. For the services provided in Sections 1 and 2, City shall pay H.O.V. an amount of $5,100 per month for twelve months beginning July 15`, 2008 Page 4 of 8 Final S/29/08 through June 30, 2009. Provided however, if the total number of impound days pursuant to Section 2 exceeds 240 days during the period of this Agreement, then beginning on the 2415` day for every animal held pursuant to Section 2, City will pay H.O.V. in addition to the monthly fee above the greater of: 1. $300 per animal, or 2. H.O.V.'s established daily boarding fees per animal per day or part thereof, beginning the day each is brought into the shelter until each is released to owner or to H.O.V. 3. Notwithstanding the foregoing, if the animal is reclaimed by the owner within the initial 4-day custody period, the $300 fee will not apply and only the daily boarding fees will. be charged. B. For animals impounded, H.O.V. will also collect daily boarding fees from the owner at the time the animal is reclaimed. The daily boarding fees will. be set by H.O.V. and will be provided to City. C. Subject to the limitation in Section 4, if City brings ten (10) or more animals into the shelter from any one given situation, City will pay an additional fee of three hundred ($300) to H.O.V. as emergency funding for each group often (] 0) animals and all other fees still apply. D. In addition to the foregoing, City will pay to H.O.V, the following fees: 1. For each euthanasia pursuant to Section 5 above, $50 plus the cost of cremation, 2. H.O.V.'s cost of additional veterinary services for any impounded animal authorized by City and not paid by owner, and 3. If City brings a dead animal to H.O.V., the cost of cremation. E. H.O.V. will bill City monthly for all fees due under this Agreement, and such fees are due and payable within thirty (30) days of receipt of the bill. H.O.V. may add finance charges for any bill not paid within 30 days, and City agrees to pay such charges. 9. Veterinar Care: In the event an animal is brought into the shelter by City officers or by a citizen from within the City of Bozeman limits and the animal is logged into H.O.V. as a City impound and a veterinary situation is present or arises, such animal will receive appropriate veterinary attention. H.O.V. will notify the officer involved to such attention, and City will reimburse H.O.V. for the cost of such veterinary services pursuant to Section lA1 and 8D above, if not paid by the owner. 10. Access to H.O.V.: H.O.V. will provide access for off hours with an unlocked room on the north side Page 5 of 8 Final S/29/08 of the building where adequate housing is provided for cats and dogs. Food and water will be available in this room. Log-in sheets will be available in this room. H.O.V, will call dispatch at the first opportunity to notify an officer of the appropriate impound number and. other necessary information previously referenced in this Agreement. 11. Term: The term of this Agreement shall be from the l st day of July 2008 through the 30tH day of June 2009. This Agreement will be reviewed by the City and H.O.V. on or before February 1.5, 2009, for appropriate changes to a new agreement to commence on the 1St day of July 2009. For the purpose to reviewing this agreement, H.O.V. agrees to provide the City of Bozeman, on or before January 15, 2009, with financial statements and other records as required to support any requested increase in the base monthly fee. 12. Compliance with Bozeman Municipal Code: H.O.V. agrees to comply with all provisions of the Bozeman Municipal Code. 13. Indemnification: H.O.V. agrees 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, casts and expenses including, but not limited to, reasonable attorney's fees, involving or relating to any harm, injury, death or dazxaage, 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 including but not limited to any action or claim resulting from or arising out of the care, maintenance, euthanizing and disposal of animals under this agreement. 14. Non-waiver: Vdaiver by either party of the strict performance of any provision of this agreement shall not be a waiver of ar prejudice the parties' right to require strict performance of the same provision in the future, of any other provisions. 15. Independent Contractor: It is understood by the parties hereto that H.O.V. is an independent contractor and, as such, neither it nor its employees, if any, are employees of the City of Page 6 of 8 Final 5/29/08 Bozeman for any purposes including, but not limited to, taxes, retirement system, or Social Security (FICA withholding). 16. ASS~gnment: 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. Attorne 's Fees 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. 18. 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 became part of this agreement. 19. Bindin eg ffect: The covenants and agreements herein contained shall be binding upon the parties hereto, their successors and assigns. 20. Venue: 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. HEART OF THE VALLEY, INC. ------ a Executiv irector .~.-~, <~ ~ ~ . President, Board of Directors Page 7 of 8 l~ final 5/29/08 CITY OF BOZEMAN _ ~ Chris Kukulski, City Manager ATTEST: Stac Ul Clerk Fage 8 of 8