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HomeMy WebLinkAbout15- Heart of the Valley, Inc for Animal Shelter NeedsAGREEMENT THIS AGREEMENT is entered on this-" day of µ f= , 2015, by and between the HEART OF THE VALLEY, INC. (hereinafter referred to as the HOV) 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 HOV 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 HOV is located at 1549 E. Cameron Bridge Road; and WHEREAS, the HOV 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 HOV and operations of the City are important. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Animals at Large A. The HOV hereby agrees to admit and to accept responsibility for the care and custody of all animals impounded at the HOV facility by personnel of the City within the City limits exclusively for running at large, subject to the limitations in Section 3 below. The HOV agrees to take reasonable care of such animals in a manner consistent with good standard practices Page 1 of 16 of animal shelters to include, but not be limited to, providing proper food, water and shelter. 1. If the HOV determines that such animals require any vaccinations or other treatment in order to protect the greater population of animals, the HOV may administer such treatment. With the verbal authorization of the City, the HOV 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 HOV. B. The HOV shall also accept animals that are running at large inside the City limits which are brought into the HOV by the general public. At the time of the animal intake, the HOV 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 mean domestic dogs and/or puppies, cats and/or kittens, including feral cats that is 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 HOV 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 HOV 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 HOV mutually agree in writing to a different arrangement. 2. All Other Impounds A. The HOV hereby agrees to admit and to accept responsibility for the care and custody of all animals impounded at the HOV 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 HOV 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. Page 2 of 16 B. If the HOV determines that such animals require any vaccinations or other treatment in order to protect the greater population of animals, the HOV may administer such treatment. With the oral authorization of the City, the HOV 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 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 HOV until they are released: 1. To the HOV, 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 HOV may notify the City if it believes an animal is subject to 8.02.140.C, Bozeman Municipal Code, as amended. Otherwise, enforcement of such municipal code requirements is the responsibility of the City. 2. The City and HOV will mutually determine the appropriate vet to do the surgery and arrange for transportation, if necessary. 3. Payment of all boarding fees and surgery costs shall initially be the responsibility of the animal owner. If the animal is not reclaimed within 4 days, HOV will notify the City, the animal will be placed for adoption and the unpaid boarding fees and surgery costs shall then be borne by the City. Fxchisinn 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 HOV will not accept more than 10 animals from any one given situation, or 50 animals per month. Upon notification, the HOV will use its best efforts to accept the animals but may choose not to accept all the Page 3 of 16 animals, and the City will be responsible for seeking care for those animals elsewhere. 5. Euthanasia During Impound Period The HOV 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 HOV 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 HOV will send the body for cremation. 7. Records A. The City, upon impounding an animal, will provide a written record to the HOV 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 HOV 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 HOV 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. Page 4 of 16 C. The HOV agrees to attempt to verify the identity of the citizen by confirming identification with a photo identification card and malting 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 HOV an amount of $10,850 per month for fiscal year(s) 2016 - 2019. B. For animals impounded, the HOV 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 HOV (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 HOV 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, the City will pay the HOV the cost of additional veterinary services for any impounded animal authorized by the City and not paid by the owner. E. The HOV 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 HOV may add finance charges for any bill not paid within 30 days, and the City agrees to pay such charges. F. The HOV 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 HOV 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 HOV will forward copies of issued licenses to the City on a weekly basis, or as needed. 3. The HOV will at all times hold to the City policies with regard to vaccination and spay/neuter documentation and pricing for licensure. 4. The HOV will submit a monthly report to the City detailing the license fees collected and to be credited against fees due from the City. Page 5 of 16 9. Veterinary Care 10. 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 HOV as a City impound and a veterinary situation is present or arises, such animal will receive appropriate veterinary care. The HOV will notify the officer to such attention, and the City will reimburse the HOV for the cost of such veterinary services pursuant to Section I A I and 8D above, if not paid by the owner. Access to the HOV The HOV 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 HOV 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. Term The term of this Agreement shall be from the 1St day of July 2015 through the 30th day of June 2019. For the purpose of reviewing this Agreement, the HOV agrees to provide the City with financial statements and other records as required supporting any requested increase in the base monthly fee. 12. Compliance with Bozeman Municipal Code The HOV agrees to comply with all provisions of the Bozeman Municipal Code. 13. Discrimination HOV agrees not to discriminate either in employment or in the delivery of services or benefits in the fulfillment of this agreement on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in paragraph 249(c)(4) of title 18, United States Code), actual or perceived sexual orientation, or disability. HOV agrees to take reasonable steps to ensure that persons with limited English proficiency or hearing impairment have meaningful access to a translator. 14. Independent Contractor Status/Labor Relations The parties agree that HOV is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Page 6 of 16 HOV is not subject to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between HOV and any third parties. HOV shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. HOV shall maintain workers' compensation coverage for all employees of HOV's organization, except for those who are exempted by law. Upon request, HOV shall furnish the City with copies showing one of the following: (1) a binder for workers' compensation coverage by an insurer licensed and authorized to provide workers' compensation insurance in the State of Montana; or (2) proof of exemption from workers' compensation granted by law for independent contractors. HOV shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes with HOV employees, officers, agents or contractors. or any delays or stoppages of work associated with such problems or disputes. 15. Indemnity/Waiver of Claims/Insurance For other than professional services rendered, to the fullest extent permitted by law, HOV agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney's fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of HOV; or (ii) any negligent, reckless, or intentional misconduct of any of the HOV's agents. Page 7of16 For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of HOV or HOV's agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). HOV's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against HOV to assert its right to defense or indemnification under this Agreement or under the HOV's applicable insurance policies required below the indemnitee 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 HOV was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. HOV also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except "responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent" as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, HOV shall at HOV's expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by HOV in this Section and shall not contain any exclusion for liabilities specifically assumed by HOV in this Section. Page 8of16 16. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and HOV shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers' Compensation — statutory; • Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate; and The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non -renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. HOV shall notify City within two (2) business days of HOV's receipt of notice that any required insurance coverage will be terminated or HOV's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Termination for Breach a. If HOV refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, which default has not been cured after 30 - days' written notice by the City to HOV, the City may, by written notice, terminate this Agreement and HOV's right to proceed with all or any part of the work. The City may then take over the work and complete it, either with its own resources or by re -letting the contract to any other third party. b. If the City fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, which default has Page 9of16 not been cured after 30 -days' written notice by HOV to the City, HOV may, by written notice, terminate this Agreement. c. In the event of a termination pursuant to this Section, HOV shall be entitled to payment only for those services HOV actually rendered. d. Any termination provided for by this Section shall be in addition to any other remedies to which the non -breaching Party may be entitled under the law or at equity. e. In the event of termination under this Section, the Parties shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 17. Termination for City's Convenience a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement City may terminate this Agreement by written notice to HOV ("Notice of Termination for City's Convenience"). The termination shall be effective in the manner specified in the Notice of Termination for City's Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City's Convenience, unless otherwise directed in the Notice, the HOV shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. HOV shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section, HOV is entitled to payment only for those services HOV actually rendered on or before the receipt of the Notice of Termination for City's Convenience. d. The compensation described in this Agreement is the sole compensation due to HOV for its performance of this Agreement. HOV shall, under no circumstances, Page 10 of 16 be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 18. Limitation on HOV's Damages; Time for Asserting Claim a. In the event of a claim for damages by Contractor under this Agreement, HOV's damages shall be limited to contract damages and HOV hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event HOV wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event HOV fails to provide such notice, HOV shall waive all rights to assert such claim. 19. HOV's Representations: To induce City to enter into this Agreement, HOV makes the following representations: a. HOV has familiarized itself with the nature and extent of this Agreement with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the services provided. b. HOV represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. Page 11 of 16 20. Intoxicants,• DOT Drug and Alcohol Regulations/Safety and Training: HOV shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. HOV acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and HOV shall be obligated to furnish such proof. The HOV shall be responsible for instructing and training the HOV's employees and agents in proper and specified work methods and procedures. The HOV shall provide continuous supervision of the work performed. The HOV is responsible for instructing his employees and agents in safe work practices. 21. Modification and Assi ng any: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The HOV may not subcontract or assign HOV's rights, including the right to compensation or delegate its duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 22. Reports/Accountability/Public Information: HOV agrees to develop and/or provide documentation as reasonably requested by the City demonstrating Contractor's compliance with the requirements of this Agreement. 23. Non -Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 24. Attorney's Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 25. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior -level Page 12 of 16 personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 26. Survival: HOV's indemnification obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 27. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 28. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 29. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 31. No Third -Party BeneficiarX: This Agreement is for the exclusive benefit of the parties, does not constitute a third -party beneficiary agreement, and may not be relied upon or enforced by a third party. 32. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 33. Integration: This Agreement and attached Memorandum of Understanding hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. Page 13 of 16 INITNF�,SS WHEREOF, the parties hereto have executed this instrument the day and year ma aiea n ow. Date: Mar' MulV'aug , W erations Director Heart of e Valley, c. Date: — Chris Kukulski, City Manager City of Bozeman Page 14 of 16 Species: Animal Name: Breed: Owner Name: Address: EXHIBIT A Rabies Quarantine Release Form Intake No.: Sex: Age: Color: Weight: _ Contact Number: 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 Animal Hospital/Shelter Date Examined Veterinarian Printed Name Address Telephone # Page 15 of 16 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. $50 per dog or puppy for the first day, or part thereof, of impoundment. 2. $20 per day, or part thereof, after the first day, 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. 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 Page 16 of 16