Loading...
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 1 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 2 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 3 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 4 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. 0 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. 10 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 11 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: