HomeMy WebLinkAbout02- Humane Society; Animal Shelter - Agreement
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AGREEMENT
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THIS AGREEMENT, entered into on this L day of I ,2002, by and between the
HUMANE SOCIETY OF GALLA TIN V ALLEY (hereinafter referred to as the Humane Society) and
the CITY OF BOZEMAN.
WITNESSETH:
WHEREAS, the City of Bozeman 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 Humane Society leases premises located at 2125 North Rouse from the City
of Bozeman for the operation of an animal shelter; and
WHEREAS, the Humane Society 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:
1. Care and custody:
a. The Humane Society hereby agrees to admit and to accept responsibility for the
care and custody of all domestic animals impounded by the City of Bozeman
officers. The Humane Society agrees to take reasonable care of the 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 for these
.animals. The Humane Society agrees to accept all domestic animals brought
by the City of Bozeman Animal Control and Police Officers.
b. After City Animal Control hours, the Humane Society will accept animals
found within the City limits that are brought to the shelter by the general public.
However, an Animal Control or Police Officer will be called to take a report
and issue citations, if appropriate.
2. Exclusion:
The term "animals" as used in this Agreement, shall include only domestic and not wild
animals excluding feral cats. Any animal that is not domesticated and falls within the
definition of a wild animal, other than feral cats, such as, but not limited to, bats, skunks
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and raccoons shall not be covered in this Agreement. With the exception offeral cats,
the Humane Society will not accept or hold any livestock, fowl or wild animal.
3. Records:
City of Bozeman officers, upon impounding an animal, will provide a written record
to the Humane Society, to include:
a. Date and time animal is impounded;
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 Humane 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 itemized account of all animals and charges for related services.
4. Holding:
a. The Humane Society hereby agrees to hold any animal impounded for violation
of City of Bozeman ordinances for a period offour (4) calender days, beginning
on the day the animal is brought to the shelter, unless sooner claimed by
owners. Any animal impounded for rabies quarantine will be held for a period
of ten (10) calender days from the time of the bite unless City of Bozeman
Officers authorize release prior to end of quarantine period. The Humane
Society shall not 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 for a special reason,
such as a court case, or cruelty investigation. Negotiations must be done in a
timely manner and, iffees are to be modified from those set forth in paragraph
5(b) below, a written agreement must be drafted.
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c. The Humane Society shall be responsiblc for any unclaimed animal after four
calendar days. Such responsibility includes all costs for the care ofthe animal.
d. The Humane Society will euthanize any impounded animal upon written
request by an authorized representative of the City of Bozeman or order of a
court.
5. Fees:
a. The City of Bozeman shall pay the Humane Society the following fees on a monthly
basis after receiving a detailed billing:
1. Two Thousand ($2,000.00) per month for providing access to, and maintaining,
the shelter.
2. Twenty Dollars ($20) for euthanizing and disposing of any animal impounded
by an authorized City of Bozeman representative, ifit is euthanized by shelter
staff. If the City of Bozeman directs that a veterinarian is to euthanize, then the
City of Bozeman will be responsible for direct charge from veterinarian. A Ten
Donar ($10) charge applies to any animal brought into the shelter DOA.
3. In the event that an animal is not claimed after the (4) calendar day holding
period, the city shall pay the Humane Society a flat fee of $25 per dog, $15 per
cat and/or litter of kittens and $10 per other sman animal. This fee will be in
place of the initial impound fee and daily boarding fees.
b. Daily impound fees for any animal impounded or authorized by the City of Bozeman
officers will be collected by the Humane Society at the time the animal is claimed by
the owner. The fces for the pcriod of this agreement are as fonows:
1. Fifteen Dollars ($15.00) impound fee for the first day of impoundment by
an authorized City of Bozeman representative;
2. Ten Dollars ($10.00) per day or any part thereof, after the first day for
keeping any dog or other animal not specified within this agreement;
3. Ninc Dollars ($9.00) pcr day or any part thereof, after the first day for
keeping any cat and/or litter impounded by an authorized City of Bozeman
Representative. After the first day's charge, there shan be no additional charges
which shall exceed $15.00 total for any unclaimed cat or up to six kittens from
the same litter or $20.00 for every litter exceeding six kittens;
c. If the City brings ten (10) or more animals into the shelter from anyone given
situation, the Humane Society may require the City to pay Three Hundred ($300.00)
Dollars to the Humane Society as emergency funding for each group of ten (10)
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animals and an other fees shan also apply.
6. Disposal of Dead Animals:
Should, at any time, the Human Society determine that it needs to deposit a dead animal
at the City of Bozeman landfin, the City agrees to waive all required fees.
7. Access to Humane Society Animal Shelter:
The City of Bozeman 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 shelter is closed. City of Bozeman officers having access to the key are 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 of the key to provide officer's access as necessary.
8. Term:
The tenn ofthis Agreement shall be from the 151 day of July 2002 through the 30th day
of June 2005. This Agreement win be reviewed by the City of Bozeman and the
Humane Society on or before March I, 2005, for appropriate changes to a new
agreement to commence on the 1 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 statements and other records as required.
9. Termination:
Either party may terminate this agreement by giving sixty (60) days written notice to the
other party.
10. Compliance with Bozeman Municipal Code:
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 Bozeman, it's
officials and employees, harmless from any and all expenses, cause or causes of action,
damages, suits, claims, judgements and liability, including but not limited to personal
injury, illness, death, property damage, and charges, of whatever kind, name or nature,
resulting from or arising out of the care, maintenance, euthanizing and disposal of
animals under this agreement.
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12. Non-waiver:
Waiver by either party ofthe strict performance of any provision of this agreement shan
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.
13. Time of Essence:
It is mutuany agreed that time is of the essence in the perfonnance of all covenants and
conditions to be kept and performed under the terms of this agreement.
14. Headings:
The section headings contained herein are for convenience and reference and are not
intended to define or limit the scope of any provisions of this agreement.
15. Independent Contractor:
It is understood by the parties hereto that the Humane Society 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:
The Humane Society shall not assign any right or obligation hereunder, in whole or in
part, without the prior written consent of the City of Bozeman.
17. Attornev'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 ofin~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 shaJ J
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.
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20. Yenue:
This agreement shan 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.
HUMANE SOCIETY OF GALLATIN V ALLEY
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E~cutive Director
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CITY OF BOZEMAN
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Clark Johnson, City Manager
ATTEST:
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Robin Sullivan
Clerk of the City Commission
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