HomeMy WebLinkAboutFour year agreement with the Heart of the Valley Animal Shelter.pdf Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Mark Johnson, Police Lieutenant
Ron Price, Chief of Police
SUBJECT: Heart of the Valley Shelter and Services Agreement
MEETING DATE: July 18, 2011
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign a four (4) year agreement with
the Heart of the Valley animal shelter for the purpose of impounding and caring for animals
found in violation of City of Bozeman ordinances.
BACKGROUND: For several years, the City of Bozeman has worked in partnership with the
Heart of the Valley animal shelter, a non-profit organization, regarding the safe and secure
location for the temporary shelter and care of dogs and cats seized by the City of Bozeman as
well as those found at large by members of the community. Currently, the City pays the Heart of
the Valley $9,700 per month for the shelter and care of at large dogs and cats found within the
city limits.
For the past three months, members of City and Heart of the Valley staff have met to discuss any
issues, as well as reviewed financial documents and reports of animal intakes and releases for the
past year. The Heart of the Valley and the City have tentatively agreed to a four (4) year
agreement, at a rate of $9,700 per month for FY 2012, $10,200 per month for FY 2013 and
$10,450 for FY 2014 and FY 2015.
Although City staff takes note of the increased fiscal impact, the services provided by the Heart
of the Valley are extremely beneficial and necessary for the City and the citizens of Bozeman. It
is our recommendation that this agreement be approved and adopted for a four (4) year term,
from July 1, 2011 through June 30, 2015.
UNRESOLVED ISSUES: None
FISCAL EFFECTS: An increase in contracted services over the term of the four (4) year
agreement is $24,000.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Heart of the Valley/City of Bozeman Agreement July 1, 2011 to June 30, 2015
Report compiled on: July 7, 2011
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AGREEMENT
THIS AGREEMENT is entered on this day of , 2011, 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 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 H.O.V. 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 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 in
enforcing animal related ordinances; and
WHEREAS, agreements that take into account the best interests of the animals, operations of
the H.O.V. and operations of the City 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 the H.O.V. facility by personnel of the City
within the City limits 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.
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
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the City, the H.O.V. 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 H.O.V.
B. The H.O.V. may also accept animals that are running at large inside the City
limits which are brought into the H.O.V. by the general public. At the time of the
animal intake, the H.O.V. 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 have the meaning
included in Title 6 of the Bozeman Municipal Code and shall include animals (as
defined in Section 3 of this Agreement) 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. The H.O.V. 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 H.O.V. 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 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 the H.O.V. 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 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 oral authorization of the City, the H.O.V. may
also 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 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
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released from quarantine without a signed Rabies Quarantine Release Form (Exhibit
A).
D. All other such animals held pursuant to Section 2 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 of law; or
2. To the owner, by a release signed by the City.
E. The following will apply to any animal held pursuant to this section for a mandatory
spay/neuter:
1. The H.O.V. may notify the City if it believes an animal is subject to
6.04.130.C, Bozeman Municipal Code, as amended. Otherwise,
enforcement of such municipal code requirements is the responsibility of
the City.
2. The 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 shall 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
Without prior notification, the H.O.V. will not accept more than 10 animals from any one
given situation, or 50 animals per month. 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 the City
will be responsible for seeking care for those animals elsewhere.
5. Euthanasia During Impound Period
The H.O.V. 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 H.O.V. 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 H.O.V. will send
the body for cremation.
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7. Records
A. The City, upon impounding an animal, will provide a written record to the H.O.V.
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 H.O.V. 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 animal;
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 H.O.V. representative releasing or euthanizing the animal;
and,
5. A monthly itemized account of all animals impounded within the City
limits and any additional charges for related services.
C. The 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 the City. 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, the City shall pay the H.O.V. an
amount of $9,700 per month for fiscal year 2012, $10,200 per month for fiscal
year 2013; $10,450 per month for fiscal year 2014 and $10,450 per month for
fiscal year 2015. This contract will run from July 1, 2011 through June 30, 2015.
B. For animals impounded, the H.O.V. 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 H.O.V. (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 H.O.V. as emergency funding for each group of ten 10 animals or part
thereof and all other fees still apply.
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D. In addition to the foregoing, the City will pay the H.O.V. the cost of additional
veterinary services for any impounded animal authorized by the City and not paid
by the owner.
E. The H.O.V. 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 H.O.V.
may add finance charges for any bill not paid within 30 days, and the City agrees
to pay such charges.
F. The H.O.V. 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
H.O.V. 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 H.O.V. will forward copies of issued licenses to the City on a weekly
basis, or as needed.
3. The H.O.V. will at all times hold to the City policies with regard to
vaccination and spay/neuter documentation and pricing for licensure.
4. The H.O.V. 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
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 H.O.V. as a City impound and a
veterinary situation is present or arises, such animal will receive appropriate veterinary
care. The H.O.V. will notify the officer to such attention, and the City will reimburse the
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 the H.O.V.
The H.O.V. 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 H.O.V. will call dispatch at the first opportunity to notify them of a citizen
drop off, to include the impound number and any other necessary information previously
referenced in this Agreement.
11. Terms
The terms of this Agreement shall be from the 1st day of July 2011 through the 30th day
of June 2015. This Agreement will be reviewed by the City and the H.O.V. for
appropriate changes prior to the conclusion of the Agreement. For the purpose of
reviewing this Agreement, the H.O.V. agrees to provide the City with financial
statements and other records as required to support any requested increase in the base
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monthly fee.
12. Compliance with Bozeman Municipal Code
The H.O.V. agrees to comply with all provisions of the Bozeman Municipal Code.
13. Insurance and Indemnification
Prior to commencing work, the H.O.V shall secure insurance coverage as described
below and shall furnish to the City a copy of said insurance policy and an accompanying
certificate of insurance. The certificate of insurance shall state it is subject to no less than
30 day notice of cancellation or non-renewal and the H.O.V. shall notice the City in no
less than this time period of cancellation or non-renewal. The certificate of insurance
shall also state additional insured shall be the City of Bozeman, its employees, officers,
and authorized agents. The H.O.V.’s insurance policy shall afford coverage to additional
insured’s on a primary non-contributory basis for liability arising out of (i) premises
owned or occupied by the additional insured; and (ii) performance under this
Agreement/contract.
The insurance required above shall include: (i) comprehensive general liability insurance
in the amount no less than $750,000 per claim and $1,500,000.00 for each occurrence;
(ii) automobile liability in the amount of $1,500,000.00 combined single limit; and (iii)
Professional Liability or Errors and Omissions coverage in the amount of $1,500,000.00.
All insurance policies shall be primary and noncontributory. Deviations from this
amount may be approved by the City Manager.
In addition to and separate from the requirement to obtain insurance described above, the
H.O.V. agrees to release, defend, indemnify and hold harmless the City, 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, without limitation, those alleged under the common law or pursuant to a
federal or state statute or regulation, and those arising in tort, trespass, nuisance, and strict
liability including, but not limited to, reasonable attorney's fees, involving or relating to
any harm, injury, death or damage, including property damage, suffered or sustained by
the employees, agents and representatives of the H.O.V., 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 the 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.
In the event of an action filed against the City resulting from the H.O.V.’s performance
under this Agreement, the City may elect to represent itself and incur all costs and
expenses of suit.
Should the City be required to bring an action against the H.O.V. to assert its right to
defense or indemnification under this Agreement or under the certificate of insurance
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provided by the H.O.V. or under the H.O.V.’s applicable insurance policy the City 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 the
H.O.V. was obligated to defend the claim(s) or was obligated to indemnify the City for a
claim(s) or any portion(s) thereof.
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 the H.O.V. is an independent contractor and, as
such, neither it nor its employees, if any, are employees of the City for any purposes
including, but not limited to, taxes, retirement system, or Social Security (FICA
withholding).
16. Assignment
The H.O.V. shall not assign any right or obligation hereunder, in whole or in part,
without the prior written consent of the City.
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.
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.
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21. Non-Discrimination
The H.O.V. agrees not to discriminate in the fulfillment of this Agreement on the basis of
race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived
sexual orientation, gender identity or disability.
The H.O.V. agrees this requirement shall apply to the hiring and treatment of the
H.O.V.’s employees and to all subcontracts.
HEART OF THE VALLEY, INC.
____________________________
Phil Rogers, Executive Director
____________________________
Board of Directors
CITY OF BOZEMAN
____________________________
Chris Kukulski, City Manager
ATTEST:
___________________________________
Stacy Ulmen
Clerk of the Bozeman City Commission
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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 take the animal to a veterinarian
immediately for a rabies vaccination. No rabies vaccination was given to the animal at the 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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