HomeMy WebLinkAboutAgreement with Heart of the ValleyCOMMISSION MEMORANDUM
REPORT TO: Honorable Mayor and City Commission
FROM: Lieutenant Rich McLane, Bozeman Police Department
SUBJECT: New Heart of the Valley Animal Shelter Contract
MEETING DATE: July 6, 2009
RECOMMENDATIONS:
Authorize City Manager to sign contract with Heart of the Valley, Inc. for 2 year contract from July
1, 2009 to June 30, 2011.
BACKGROUND:
The City of Bozeman has worked in a partnership relationship with the Heart of the Valley, a non-
profit organization, for several decades, in regards to having a safe and secure location for the temporary
storage, care and related releases of dogs and cats seized by employees of the City or found loose within
the city limits of Bozeman by citizens.
On July 1, 2008, the City of Bozeman entered into a 1 year contract, for an approximate yearly
cost of $60,000. This cost was the estimated share of the City of Bozeman responsibility for costs directly
related to the Police department seized animals and specific to strays found in the city limits of Bozeman.
At that time, HOV representatives indicated the actual share of costs was closer to $120,000 per year and
they anticipated asking for this increase in 2009.
In the past 4 months, the City of Bozeman staff has reviewed financial documents and reports of
animal intake and releases for the past contract year. We have mutually agreed to 1) established expenses
directly related to the care of dogs/cats and 2) applying only the share of City responsibility to those
animals directly related to police impounds or city strays brought in.
We have asked, and HOV agreed, that part of our fee is the mandatory issuance of city licenses to
any person adopting a pet, or retrieving a pet without a city license if that person resides in the City of
Bozeman.
We have tentatively agreed to a 2-year contract, at the primary rate of $9,100/month
($109,200/year) for FY10 and $9,700/month ($116,400/year) for FY11. Both parties have agreed to begin
the process of working with County officials to establish a funding source through a levy or bond process
that adequately and fairly addresses the long-term City and County responsibility for care of dogs and cats
needing animal shelter services.
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 extremely beneficial and necessary to the citizens of
Bozeman, that this contract be approved and adopted for a 2 year term from July 1, 2009 to June 30, 2011.
ALTERNATIVES: As suggested by the City Commission.
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COMMISSION MEMORANDUM
FISCAL EFFECTS: Increase in annual contracted services cost to the City of approximately $48,000,
less some additional revenue from increased license purchases in FY10. Increase of an additional $7,200 in
FY11.
Respectfully submitted,
____________________________________
Rich McLane
Lieutenant, Bozeman Police Department
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AGREEMENT
THIS AGREEMENT is entered into on this 30th day of June, 2009, 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. serves to care for animals found or abandoned in locations both
in the City of Bozeman limits as well as other locations within Gallatin County; 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 in the City of Bozeman
limits; 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; and
WHEREAS, agreements that take into account the best interests of animals, operations
of H.O.V. and operations of the City of Bozeman are important.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. Animals at Large:
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
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manner consistent with good standard practices of animal shelters to
include, but not be limited to, providing proper food, water and shelter.
1. 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.
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 fax to Records or Dispatch an
Animal Impound Log In/Notification Form for each such animal or
directly provide a copy of the intake form to the responding City Officer.
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. For 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, or 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 Impounds:
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.
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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 or injured animal.
C. Any such animal impounded for rabies quarantine will be held the longer of
ten (10) 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 (see Exhibit A).
D. 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 fifty (50) animals per month without prior notification. 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.
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5. Euthanasia During Impound 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 or 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.
7. Records:
A. City officers, upon impounding an animal, will provide a written record to
H.O.V., to include:
1. Date and time animal is impounded;
2. A description of the animal by breed, gender, physical
characteristics, collar/tags and assigned identification number;
3. Location animal was found and reason for impoundment;
4. Name, address, telephone number and location of owner, if known;
and
5. Name and badge number of officer impounding 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 logged in under the City account;
4. Name of H.O.V. representative releasing or euthanizing the
animal; and
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5. A monthly itemized account of all animals impounded by the City
of Bozeman and any additional charges 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 photocopy 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 $9,100 per month for twelve months beginning July 1, 2009
through June 30, 2010, and $9,700 per month for twelve months beginning
July 1, 2010 through June 30, 2011. 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 241st 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 (see Exhibit B) 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 of ten (10) animals or part thereof 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.
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E. H.O.V. agrees to sell City licenses to any Bozeman City resident that
either wishes to purchase a license for an existing cat or dog, or as part of
a mandatory purchase for any dog/cat placed for adoption by a Bozeman
City resident.
1. City agrees to provide necessary license documents and tags for
issuance.
2. H.O.V. will forward copies of issued licenses to City on a weekly,
or as needed, basis.
3. H.O.V. will submit a monthly report to the City showing the
amount of license fees collected and to be credited against fees due
from the City.
F. H.O.V. will bill City monthly for all fees and license credits 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. Veterinary 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 1A1 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
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 1st day of July 2009 through the 30th
day of June 2011. This Agreement will be reviewed by the City and H.O.V. on or
before February 15, 2011, for appropriate changes to a new agreement to
commence on the 1st day of July 2011. For the purpose to reviewing this
agreement, H.O.V. agrees to provide the City of Bozeman, on or before January
15, 2011, with financial statements and other records as required to support any
requested increase in the base monthly fee.
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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, costs and expenses including, but not limited to, reasonable
attorney's fees, involving or relating to any harm, injury, death or damage,
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:
Waiver by either party of the strict performance of any provision of this
agreement shall not be a waiver of or 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
Bozeman for any purposes including, but not limited to, taxes, retirement system,
or Social Security (FICA withholding).
16. Assignment:
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. Attorney’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.
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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 become part of this agreement.
19. Binding effect:
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.
____________________________ ___________________
Executive Director Date
____________________________ ___________________
Vice President, Board of Directors Date
CITY OF BOZEMAN
____________________________ ___________________
Chris Kukulski, City Manager Date
ATTEST:
____________________________ ____________________
Stacy Ulmen Date
Clerk of the City Commission
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EXHIBIT A
Rabies Quarantine Release Form
Species: _____________________ Intake No.: ______________________
Animal Name: __________________________ Sex:_______ Age:_______
Breed: _______________________ Color: _______________ Weight: ________
Owner Name: ____________________ Address: ___________________________
___________________________
Rabies Tag #: ________________ License #: _______________________
Date vaccinated: ___________ Clinic/veterinarian:______________________
Date bite occurred: _________________________
After the ten (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 take the
animal to a veterinarian immediately for a rabies vaccination. NO RABIES VACCINATION
WAS GIVEN TO THE ANIMAL AT Heart of the Valley.
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.
3. Up to a maximum fee of $250 per dog or puppy.**
Cats/Kittens:
1. $25 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.
3. $20 per litter of more than 6 kittens for the first day, or part thereof, of impoundment.
4. $10 per litter of more than 6 kittens for each day, or part thereof after the first day.
5. Up to a maximum fee of $175 per cat or litter.**
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 $5-7
Rabies $7 Rabies $7
DHAPP $5/shot Protex 3 $5/shot
Bordatella $5/shot Bordatella $5/shot
Antibiotics $5/dose Antibiotics $5/dose
FIV/FeLeuk Test $15
** Maximum cap is not applicable to animals removed from owner’s possession or premises.
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