Loading...
HomeMy WebLinkAbout11- Heart of the Valley Animal Shelter AgreementAGREEMENT THIS AGREEMENT is entered on this Wday 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: I. 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, I 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 Page 1 of 10 the City, the 14,0.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 Page 2 of 10 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: I 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. ON, will not accept more than 10 animals from any one given situation, or 50 animals per month. Upon notification, the 11.0N. 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 ILON, 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. Page 3 of 10 7. Records A. The City, - upon impounding an animal, will provide a written record to the 1-I.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: L 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 II.O.V, representative releasing or cuthanizing 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. Page 4 of 10 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 ITON. 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 I-LON. 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 ]At 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 l day of July 2011 through the 30"' 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 RON. agrees to provide the City with financial statements and other records as required to support any requested increase in the base Page 5 of 10 monthly fee. 12. Compliance with Bozeman Municipal Code The RON. agrees to comply with all provisions of the Bozeman Municipal Code. 13. Insurance and Indemnification Prior to commencing work, the RON 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.Ws 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 RON. 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 RON., 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 RON., 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.Ws 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 Page 6 of 10 provided by the H.O.V. or under the H.0,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 I-I.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. Page 7 of 10 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 14.0.Ws employees and to all subcontracts. HEART OF THE VALLEY, INC. Ph Rogers7,E_R_e8U D�irer� B r of Director's Chris Kukulski, City Manager 130 ATTEST: Stacy Ulmen + N Clerk of the BoZe,�. 1k) sic CC) all Page 8 of 10 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: bate 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. s Additional comments: Veterinarian Signature Animal Hospital /Shelter Veterinarian Printed Name Address J Date Examined Telephone # Page 9 of 10 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 S 10 per cat or litter of tip 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 maximu►tt fee of $175 per cat or litter. ** Medical for Strays and Surrenders Dogs/Puppies Cats/Kittens Spay $100 Spay $70 Neuter S80 Neuter $50 Dental $100 Dental $90 Other Medical Procedure $80/111• Other Medical Procedure $80✓hr Additional Medical for Owner's R.ectaimina 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 /lFeLeuk Test. $15 ** Maximum cap is not applicable to animals removed from oNvuel` s possession or premises. EXHIBIT B Page 10 of 10