HomeMy WebLinkAbout1998-07-13 98-300 ORDERCODNCM ACTION_—
Item No. 98-300. _
Date: 7-1348
IteWSubjech ORDER: Authorising Amendment to Shelter Services Agreement Between the
Bangor Humane Society and the City of Bangor
Responsible Department: City Clerk
Commentary:
This smeadmem would update the agreement for annual shelter services that presently exists between the
City of Bangor and the Bangor Humane Society. The ameMment was requested by the Humane Society
and has been reviewed by the City Manager and the City Clerk, both of whom recommend approval. The
most significant modification is a 3.3% The increase from $1.50 to $1.55. There are other minor changes
to the Agreement which are fwther detailed in the attached memorandum from the City Manager to the
Municipal Operations Committee.
Maturities Commands:
The Mwicipal Opermions Committee has reviewed and recommends
approval of the contract amencment. Q■a�.��a p �/�
{/CityManager
Associmed Information:
Oda, Mammonism, Amendment; Original Agreement
Budget Approval:
Pimauce =ar
Legal Approvd:==�,,{{„„JJ'ff'
City SolIicpi q
Introduced for
_Passage
First Reading Page—of—
Referral
98-300
Xmped to Councilor Parnham July 13, 1998
CITY OF BANGOR
(TITLE.) &DET, ._......._ Authorizing Amendment to Shelter Services Agreacent
Between the Bangor Humane Society and the City of Bangor
.. ....._._ ..._.. _... ...._. __. __11 —
BY the My Aoa of nhe aty ofBanyor:
ORDERED,
TWT the City Manager is authorized on behalf of the City of Bangor to
execute a First Amendment m the Shell" Services Agreement between the City of Bangor
and the Bangor Humane Society, a copy of said Amendment is on file with the City Clerk.
IN CITY COUNCIL
July 13, 1998
Notion for passage made 6
seconded
Passed
CI CL
98-300
ORDER
Title, Authorizing Amendment to shelter
Services Agxeement Between the Bangor
ameane society and the City of Bangor
.1......... .....
......................................
As®gnen to
............. ............
Councilman
98-300
st
THIS AGREEMENT is made and executed in duplicate this
day of zk�q 1997, by and between the City of Bangor, a
municipal corporation with a place of business located at 73
Harlow Street, in Bangor, County of Penobscot, State of Maine
(hereinafter "Municipality") and the Bangor Humane Society, a
non-profit corporation organized and existing under the laws of
the state of Maine, with a principal place of business located at
693 Mount Hope Avenue, in Bangor, County of Penobscot, State of
Maine, (hereinafter "BHS"),
NIT NES§ST-H=
WHEREAS, Municipality is required under the laws of .the
State of Maine to provide shelter at a State licensed animal
control shelter (7 M.R.S.A. S 3949) for strayed and lost dogs,
cats, and domesticated animals that are a problem in the
community (hereinafter "Animals"); and
WHEREAS, Municipality is required under the laws of the
State of Maine to provide services relating to the humane
disposition of said Animals in the event they are not claimed by
their owners; and
WHEREAS, BHS possesses both the expertise and facilities to
provide these services;
NOW, THEREFORE, the parties hereby agree as follows:
1. Acceptance f Animals. Provided the BHS shelter is not
under quarantine as imposed by State humane agents, State
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98-300
veterinarians or veterinarians on the BMS Board of Directors, BBS
agrees that it will accept each and every Animal delivered to it
at the BMS shelter by a duly authorized Animal Control Officer Of
Municipality or citizen of Municipality, provided the Animal was
found within the territorial limits of Municipality. Said
Animals shall be held for the legal impoundment period. At the
end of the legal impoundment period, BMS will make such
disposition as it, in its sole discretion, deems necessary and
proper. '
2. Delivery of Animals. Provided the BMS shelter is not
under quarantine, all strayed or lost Animals collected by the
said Animal Control Officer shall be delivered to BBS for the
impoundment period provided the Animal Control Officer cannot
return the strayed or lost Animal to its Owner directly.
3. Delivery and Hour$ of Operation. Delivery of said
Animals shall be accepted only during the regular business hours
of BMS's Shelter. After regular business hours and at the
discretion of the BBS Board of Directors, Animal Control
Officers) may have limited access to temporary kenneling
facilities at the BBS shelter.
6. Exclusive Rights and Custodv. Municipality agrees that
all Animals apprehended and seized within the boundaries of the
Municipality and delivered to BMS shall be under the exclusive
control and custody of BBS. Moreover, Municipality agrees that,
so far as it is concerned, BBS shall have the undisputed right,
consistent with the laws of the State of Maine and at no cost to
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98-300
Municipality, to humanely dispose of every Animal given into its
custody in accordance with State laws and the policies and
procedures of BHS.
5. Proper care Rewired. BHS shall comply with animal
care standards as required by State law for such Animals while
they are in IRS's possession. BHS shall, at its sole expense,
construct and maintain all facilities reasonably necessary for
this purpose.
6. Fees. For the s0iLvices provided by BHS, Municipality
agrees to pay BHS the total annual sum of $49,771.50, which is
based on $1.50 per capita of Municipality's population as of the
1990 census, payable in advance in eleven equal monthly
installments of $4,147.62 and a final installment of $4,147.74,
the first installment being due and payable on the date of
commencement of the term of this Agreement. it is mutually
agreed that the fees provided herein may be renegotiated within
ten (10) days written notice of either party, said renegotiated
fees not to become effective until the annual renewal date,
provided said fees are renegotiated not less than thirty (30)
days prior to any renewal date.
7. Impoundment Fee Collectiond Licengin BHS agrees
that it will require every owner seeking to redeem an impounded
Animal to pay the impoundment fee established by Municipality,
plus the cost of board at a rate t0 be determined by BHS for each
day of impoundment from the date of impoundment. BHS shall remit
to Municipality all impoundment fees collected on behalf of
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98-300'
Municipality, said impoundment fees to be remitted within fifteen
(15) days of the end of any month during which any such fees were
collected by BHS. Further, BHS will require the owner of every
impounded Animal to pay all applicable fees, including
vaccination fees, of an impounded Animal. BHS shall, at its
discretion, either (1) require proof of licensure prior to
releasing a dog into the custody of the owner in accordance with
l M.R.S.A. 5 3913(3)(C), as may be amended, or (2) issue a
temporary license. Nothing herein shall be construed as limiting
BHS's authority to charge owners of impounded Animals any
additional charge, fee, or cost. In addition, the parties hereby
agree that BHS shall be entitled to all reimbursements for
shelter that might be received from other sources, and
Municipality agrees to fully cooperate with BHS to obtain any
such reimbursement.
a. Documentation. BHS agrees to provide to Municipality
the following documents:
a. A monthly detailed record of the number of strayed or
lost Animals which wets:
(i)
impounded,
(ii)
returned to owner,
(iii)
adopted, or
(iv)
euthanized
by BHS and were seized within the territorial limits of
Municipality; and
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98-300
b. A monthly report t0 the Animal Control Officer
designated by Municipality identifying the person(s)
who reclaimed strayed or lost Animals; and
C. Such other information as may be required for
Municipality to comply with the reporting requirements
of the State of Maine on strayed or lost Animals
relating to the services provided by BBS under this
Agreement.
9. Enforcement Actidlties. Municipality shall be fully
responsible for carrying out all enforcement activities required
under the laws of the State of Maine and the Ordinances of the
Municipality, as may be amended. BNS shall not be required to
apprehend or seize any Animals found roaming at large.
10. Donations and Gifts. My and all donations,
contributions, or anything of value given to or received by BBS,
including but not limited to those received as a result of any
service performed in carrying out the provisions of the
Agreement, including but not limited to payments received
pursuant to paragraph y above, shall be the exclusive property of
BBS, and Municipality shall have no claim or interest therein.
11. Adoption Authority. BBS shall have the sole and
exclusive right to determine the responsibility of persons
offering to become the owners of unclaimed Animals and the
suitability of homes offered, and shall have the sole and
exclusive right to accept or reject such applicants for unclaimed
Animals
5
12. veterinary care. Municipality agrees that it shall
obtain appropriate veterinary care for injured Animals prior to
delivery to the BHS shelter as required by Title 7 M.R.S.A.
S 3948(2), as may be amended. In the event that Municipality
delivers an injured Animal to HHS without first obtaining
appropriate veterinary care, BHS, in its sole discretion, may
elect either to refuse acceptance of such Animal or to accept
delivery of such Animal and procure the veterinary care it deems
necessary or appropriate. lMunicipality agrees to reimburse BHS
for the costs of such care within ten (10) days from the receipt
of an invoice therefor.
13. Animl Control Officers. Municipality agrees that it
shall notify BHS, in writing, of the identities of all of its
duly authorized Animal Control Officers. Municipality agrees
that it will provide each Animal Control Officer with a copy of
the animal control laws of the State of Maine contained in the
booklet published by the Maine Animal Welfare Board, the sections
of the Municipality's Codes or Ordinances which are pertinent to
the performance of their duties, and the terms of this Agreement.
Animal Control Officers must also be certified as required by
Title 7 M.R.S.A. § 3947. Municipality shall carry workers'
compensation insurance for its Animal Control Officers, and shall
provide BHS with evidence of that coverage.
14. Independent Cabacity. BNS, its officers, employees,
agents and volunteers shall act in an independent capacity during
the term of this Agreement and shall not act or hold themselves
98-300
out as officers, employees, agents or volunteers of Municipality.
Municipality, its employees, agents, and representatives shall
act in an independent capacity during the term of this Agreement
and shall not act or hold themselves out as officers, employees,
agents or volunteers of BMS. Nothing in this Agreement shall be
deemed by either party of by any third party as creating a joint
venture or partnership between BNS and Municipality.
15. Indemnity. Municipality shall, at its own expense,
defend, indemnify and save,rasmless BNS for all demands, claims,
causes of action or judgments, and from all expense and losses
that may be incurred, including reasonable attorneys' fees,
arising from or growing out of the performance of this Agreement,
except to the extent such loss or claim results from the error,
omission, negligence or fault of BBS, its officers, employees or
agents. Nothing in this paragraph shall be deemed to waive any
immunity from suit or limitation on liability on the part of
Municipality under provisions of the Maine Tort Claims Act. To
the extent that such loss or claim results from the error,
omission, negligence or fault of BNS, its officers, employees or
agents, BNS shall, at its own expense, indemnify and save
Municipality harmless from all such demands, claims, causes of
action or judgments, and from all expense and losses, including
reasonable attorneys' fees, incurred by Municipality in the
investigation, defense or settlement of such loss or claim.
Nothing in this paragraph shall be deemed to waive any immunity
from suit or limitation on liability on the part of BBS under the
98-300
doctrine of charitable immunity, or any other immunity it may
otherwise enjoy under State or Federal law.
16. Commlia BHs agrees to comply with applicable
federal and state laws and regulations in the performance of this
Agreement.
17. Assianment. This Agreement shall not be assigned by
either party without the prior written approval of the other
party.
18. Other Services. 'BHS offers to provide the following
services to Municipality at no additional cost to Municipality:
a. Cremation services: At no fee, SHE will accept for
cremation strayed or lost Animals, dead on arrival,
from public utilities personnel, animal control
officers, or duly authorized law enforcement personnel.
b. Telephone Services: To avoid confusion as to animal
control, reclaiming an Animal, and adopting an Animal,
BHS will refer any telephone inquiries intended for
the municipality's animal control officer directly to
the person designated by the municipality.
C. Lost and Found Pet Services: BHS staff will take lost
and found reports to facilitate the return of pets to
their owners.
d. education Services: SHE staff and volunteers will be
available for conducting education programs upon
request to any interested community group or
organization, including schools, grades A through 12.
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98-300
e. Wildlife: At no cost to Municipality, BHS may, at its
sole discretion, facilitate the transfer of wildlife to
state licensed rehabilitators in the area.
19. Ter . The term of the Agreement shall be for three (3)
years beginning on duly 1, 1997. During the initial year of this
Agreement, BHS shall assess its capability to handle the care of
the additional Animals generated by this Agreement, and shall
notify Municipality at least thirty (30) days prior to the
expiration of the initial year of the Agreement of one of the
following:
a. That this Agreement shall expire at the and of the
initial year of this Agreement;
b. That this Agreement shall continue in full force and
effect for the remainder of the term; or
C. That BHS wishes to renegotiate the terms and conditions
of this Agreement; in which case, BHS agrees to
continue to receive and care for strayed and lost
Animals pursuant to this Agreement until the terms and
conditions are renegotiated. Provided, however, that
such obligation shall not exceed six (6) months and
that Municipality continues to make monthly payments
pursuant to Paragraph Six (6) above.
20. End of Term. At or before the end of the term of this
Agreement, the parties shall negotiate the terms and conditions
of either an extension of this Agreement or a new Agreement. As
long as Municipality is negotiating in good faith, BHS agrees to
E
continue to receive and care for strayed and lost Animals
pursuant to the terms and conditions of this Agreement as may be
in effect at the end of the term. Provided, however, that such
obligation shall not exceed six (6) months and that Municipality
continues to make the monthly payments as were in effect at the
end of the term.
21. Termination. In the event that either party is in
default of its obligations under this Agreement, the other party
may terminate this Agreement upon thirty (30) days written notice
to the party in default. If the Municipality breaches the
Agreement by not paying its assessment when due or by failing to
abide by the rules, regulations and procedures established by
BHS, Municipality shall have two (10) days from the receipt of
notice of the breach to cure the same before BHS exercises its
election to terminate this Agreement. Upon termination by either
party, BHS shall not be obligated to accept Animals from
Municipality. Municipality shall be liable for all outstanding
assessments through the date of termination.
22. Complete Agreement. This Agreement represents the
entire agreement between the parties and no oral or prior written
matter shall have any force at effect. No amendment shall be
effective without prior express written approval signed by both
parties hereto. Neither party shall be bound by any conditions
not expressly stated in this Agreement.
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98-300
23. Binding. This Agreement is binding upon, and shall
inure to the benefit of the heirs, assigns and successors in
interest of the parties hereto.
24. Severability. if any provisions of this Agreement
shall be adjudged to be invalid or unenforceable by final
judgment of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect the validity of the Agreement
and the remaining provisions of the Agreement shall be construed
as if not containing such provision and, thereafter, the rights
and obligation of the parties shall be construed and enforced
under the remaining provisions of the Agreement.
25. Governing Law. This Agreement shall be governed by,
and construed in accordance with, the laws of the State of Maine.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be duly executed and sealed on their behalf, in duplicate
counterparts, as of the date first above written.
BAIKORR HUMANE SOCIETY ��
/ceo Bye / �(' L.eG1,(.
Witness au le Clark
Its Executive Director
CITY OF BANGOR
By:
N to s , Edward A. Barrett
Its city Manager
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98-300
STATE OF MAINE
Penobscot, as. aJ 1 . , 1997
Personally appeared the above named Juelle Clark in her
capacity as Executive Director of the Bangor Numane Society, and
acknowledged the foregoing instrument to be her free act and deed
in said capacity and the free act and deed of the Bangor Humane
Society.
/Before me,
ire e -l _ _gx
Notary Pubic
Printed Name:
Notary ion "pirsaMion "pirsalne
My commission expires 6309
STATE OF MAINE
Penobscot, as. -..n J J , 1997
Personally appeared the above named Edward Barrett in his
capacity as City Manager of the City of Bangor, and acknowledged
the foregoing instrument to be his free act and deed in said
capacity and the free act and deed of the City of Bangor.
Befor'
Gm
/Not ary Public,, / 1
Printed Name: AV✓ 4+ S ��f. /�`•+moo
12
June 30, 1998
To: Municipal Operations Committee
Pr: Edward A. Barrett, City Manager
Su: Shelter Contract with Bangor Humane Society
Attached please find a proposed amendment to the agreement between
the City and the Humane Society for provision of shelter services.
This amendment has been requested by the Humane Society and
reviewed by the concerned City Staff. We have also met and
discussed these changes with the Society's new Executive Director,
Shelley Chavonelle, to review this proposal. As a result of this
discussion and some changes in the proposed amendment, we would
request that the Committee recommend approval to the City Council.
The most obvious change is a proposed fee increase from $1.50 per
capita to $1.55, a 3.3% increase. The total increase per year will
be $1,659, an amount which has been included in the City Clerk's
Animal Control budget. While not enthusiastic over the increase,
we believe it to be reasonable.
The second change (paragraph 1 and first Whereas) clarifies that
the Humane Society is required to accept only domesticated animals
that they are trained and equipped to handle. This addresses the
Society's concern that they may be required to accept animals that
they either do not have a space to home or are not trained to
handle. It also clarifies that the society is not required to
handle wild animals. we have made alternative arrangements during
the current year for wild animals, so this is not a problem. There
are occasions when we are responsible for larger domesticated
animals. These are infrequent and we have informally arranged with
the Society to construct a holding pen on their property for larger
livestock. In most instances,we generally know to whom such
animals belong and need a holding pen for a few hours. This only
happens a few times per year. As a result, this change is also
acceptable.
The addition to paragraph six is standard language that the Society
is adding to all of its contracts with municipalities. it responds
to issues raised by smaller. communities that in any particular year
may have only a few animals to shelter. This is also acceptable to
US.
The deletion of subparagraph (a) of paragraph 18 ("Wildlife: At no
cost to Municipality, BHS may, at its sole discretion, facilitate
the transfer of wildlife to state licensed rehabilitators in the
area.') is also acceptable. With the current concern over the
spread of rabies, current policy is to euthanize all wildlife which
comes into our possession or to work directly with state wardens on
their capture and relocation.
A copy of the complete agreement and proposed amendment is
attached.
During the second half of this fiscal year, we have experienced
some problems with the timely provision of paperwork and fees by
the Humane Society. This has improved since Ms. Chavonelle has
been named director.
Finally, we have also bad further discussions with the Society
regarding the lease of space in their facility for our Animal
Control Officer. As you may recall, this was discussed with the
previous executive director and we were unable to reach agreement
because of the size of the capital contribution which was requested
to go toward the cost of renovating the apace involved. The
Society now seems interested in pursuing this once again and
appears ready to accept our last proposal. This is still in
discussion and any final proposal will come forward to you at a
later date. we continue to believe that an arrangement which
allows our Animal Control Officer to operate from an office at the
Society would be advantageous to both parties.
Gail Campbell will be present on Tuesday should you have any
questions. I would request your positive recommendation to the
full Council on the proposed amendment.
A. Barrett
cc: Gail Campbell, City Clerk
Baalgor
Humane
i Societ
693 ML Hope Avenue
&W,, Maine 04401
DID 9428902
Jure 19, 1998
FUM/942-1223
MZ Gail Campbell
city Berk
City of ffuGgor
79 Harlow M.
Bangor, ME 04401
Dear Gail:
It was a pleamre meeting with all of You cu Tuesday. 1 hope that we
addressed aff of your concerns Be your satisfaction.
F,nclesed is the revised Stay Contract Services Amendment with the
chauges Net were discussed during our meeting. _
p eRw review the new Amendment and feel free to call me if you have
any further questions.
we are also looking forward to hearing from you or 6d regarding leasing
office space for Pet. It will be a pleasure Go have her here.
Thank you for Your consideration
Sincerely,
Shen I
Executive Director
CELEBRATING OVER I25 YEARS OF SNELT£RINO FRIENDS
£sTABLISRen •/869
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT u trade and executed'm doplicme this dsday of
, 1998, by and we
beten C' f .& .j , , a
muw�ipal corporation wait a place of busings located at 73 Hari, Sr in
l ,u.es td. County, Maine (hereinafter "Municipality") and the Bangor Hanson Society,
a Maine nonprofit corporation with a principal place of business located at 693 Mount Hope
Avenue, Bangor, Maine (hereinafter "BHS").
RECITALS
A. The parties entered ince an Agreeaem dateA 1997 corrceming
the provision of shelter for ceresin strayed and lost animals.
B. paragraph 19 of said Agreement provides that BHS shall assess its capability to
handle the care of the additional animals generated by its obligations under the Agreement, and
provided for the renegotiation of the terms and conditions of the Agreauent. The experiences of
BHS miler the Agreement have led to the discovery of some issues that need to be addressed or
clarified between the parties.
C. Paragraph 6 of said Agreement provides for the renegmiation of fees, and BHS
desires to increase its fees to account for inflation and rising costs of BHS to provide the services
ander the Agreement.
NOW, THEREFORE, in consideration of Ne foregoing recitals and in funberance of the
obligations and responsibilities of tlae parries under the Agreement, the parties hereby agree to
amend Ne Agrcenxnt as follows:
1. The first' WHEREAS" paragraph of rhe Agreement is hereby arnerale i to delete
therefrom Bre words "domesticated animals" and to substitute therefor the words "domesticated
animals Brat The Bangor Human Society is trained and equipped m handle."
2. Paragraph 1 is hereby amended to add the following sentence at the end thereof
"For the purposes of this Agreemeaq the rem 'Animal(s)' shall
only include dogs, care and other domesticated animals that the
Bangor Humane Society is barred and equipped to handle."
3. paragraph 6 is hereby amended to establish the following fee
schedule:
Total Amunt Smit:
Per Capita Basis:
Eleven Monthly Instalments of: $ y— aP�
Final Installment of: $moi
98-300
4. Paragraph 6 is hereby amended to add the following sentence to the end thereof:
"TM parties agree that fees shall be based prinumnly on the costs,
direct ands slh , of making BHS's services available to the
municipality, and not on the actual utilization of those services by
Municipality."
5. Paragraph 18 is hereby amercled to delete subparagraph (e) therefrom.
6. Except as amended hereby, the terms and conditions of the Agreement shall
continue in full force and effect.
IN WITNESS WHEREOF, ft parties have caused this First Amendment to Agreement
to be duly a wcl and scaled on their behalf, in duplicate counterparts, as of the data first above
woman.
BANGOR HUMANE SOCIETY
Witness
/ a a
Witness MUNCIPALITY of
By
Printed Name: