HomeMy WebLinkAbout1994-01-24 94-84 RESOLVEDate w..1-24-94' loss No. 94-84
R=W; AllT}pLizlll(J City Ms cagrar to SiBoute !Agreement
Item/Subject: vnth Bangor Romans society for Fr mt isiof Aninal SM1eltex
and palates Servit s
Responsible Depar[menC Legal Department
Commissary:
At its sat * on Jamsety 19, 1994, the Municipal Operations Committee
x�nmestled approval of the attechai Agreement with the Bangor Mnuans
Societyr subj%t to prior merriment of the Agreemsent to clarify several
issues zaised by the City Munger. 'lie attacher! Council pesolw world
art torus execution oP the Agreement following the necessary ano.vn om=,
ani snbgecc to xsti£icaTlm of tha exavted version by the City Comleil.
A final Agtement incoxporetug the necessary mvmmerK wll1 be presented
W the Council on Yatlay night as an m Asn[ by mdm[ituiisan, if
avail ehle. If the mender] Pgieareot is rot available by Morley night's
treating, the attar Resolve, if approved, will serve as a stit®mt of
inuent by the Bangor City Council, thereby feciliteltvg tie Mmmare
Society's efforts to finalize its project dearign, as set out in attorney
Atm Russell's letter &a Decanter 17, 1993.
prparcmrnt xmd
Manager's Comments:�[e'W
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Associated Information: r
Budget Approval:
Pimett Dire
Legal Approval:
i city Solicit"
Inn uced For
Passage
Font Reading Pam of
❑Referral
• Assigned to Councilor SlArebette 94-84
January 24, 1994
CITY OF BANGOR
(TITIEJ solo¢,... Rive: Authsising city 3% a to i rate
__.....
with Elarapr ttanause Sacletl. Eox Rxwisinrt of � t�eltxar as
Mated Seci�
By ae My co%" i arae city ofDonyat.
R OLVSD, the city Manager ishereby autluxiea3 to execute an
"AgIE0lent" with the tayiox itanare Society, fox prvaision of anvil
stetter antl related savicos, a co Ft of said agceesmt berg attached w
this Resolve.
atle City Maager ie fuxtlpS autlroxised W �iate cFml9es w tta
attached ngr , and to mauvte an av isi version ttgxeof, pmv
that such arende3 AgreaIBIR stall be in a foIDl appmved by the city
tolicitox ami stall be xvdatrt al to the city G 11 in its exacted
vaxs= for Coorsil ratificatim.
IN CITY COUNCIL
January 24, 1994
/� CITY.0 RK
94-84
EES0LVE
Authorizing City Manage[ to Bxcute Agreement
with Bangor Numene Society for Provision of
Animal and Rcl ne.A C ori r ou
p,
MITCHELL YS STEA1tNS 94
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Ian A.Hatl otlow _�i] lfJif}flempm (M]) 9I1-0039
Gregory P. Wrt
1. Bmvwd coHry
December 17, 1993
Edward Barrett, City Manager
City of Bangor
73 Harlow Street
Bangor, Maine 04401
Re: Bangor Humane Society
Dear Ed:
It is my understanding that representatives of the Bangor
Humane Society and the City of Bangor have previously discussed,
on a number of occasions, the possibility of the Humane Society
providing shelter and related services for strayed and lost dogs,
cats, and ether animals that have been picked up by the City's
Animal Control Officer. It is my understanding that the City of
Bangor currently houses those animals in its facility located at
the Bangor international Airport. Although the Butane Society
has always been willing to explore the provision of those
services, the limitations of its existing facility have always
precluded the Humane society from agreeing to provide those
services.
The Humane Society recently conducted a feasibility study
concerning the construction of a new facility at its present
location on Mount Hope Avenue, and the Board of Directors have
tentatively agreed to construct a new facility to meet the
current and projected needs of the Humane Society. Given the
likelihood that the Humane Society will be building a new
facility in the near future, the Board of Directors thought that
it was time to revisit the issue of providing shelter and related
services for the strayed and lost animals picked up by Bangor's
Animal Control officer. By utilizing the services of the Humane
Society, the City of Bangor would no longer have to maintain, or
make any capital improvements to, its current facility at BIR.
To that end, please find enclosed a proposed Agreement
between the City of Bangor and the Bangor Humane Society wherein
the Humane Society would agree to provide shelter for said
animals in consideration of an annual payment of $ 49,771.50,
which amount is based on $1.50 per capita as of the 1990 census.
Edward Barrett, City Manager
December 19, 1993
Page 2
Please review this proposal with the appropriate City
officials at your earliest convenience, and advise m as to
whether the City of Bangor is interested in pursuingthesame.
x, and representatives from the Humane Society, would be more
than willing to meet with representatives of the City to discuss
the matter. I would appreciate it if you could get back to me on
this matter as soon as possible, as the Humane Society must know
the City's position on this proposal in the near future so that
it can proceed to design an appropriate facility. Naturally, if
the City of Bangor is not interested in utilizing the services of
the Humane Society to shelter lost or strayed animals, the size
and configuration of its new facility will be markedly different
than if the City of Bangor does decide to avail itself of those
services.
In closing, I want to emphasis that I view this as aonce
in a life time" opportunity for both the City of Bangor and the
Bangor Humane Society.. With a commitment from the City of
Bangor, the Humane Society can proceed to build a facility that
can accommodate the shelter and disposition of lost and strayed
animals for the foreseeable future. In return, the City of
Bangor will be relieved of the financial and administrative
burden of maintaining its own shelter. However, if the City of
Bangor elects not to pursue this proposal, and the Humane Society
constructs a facility based on its anticipated needs alone, x
think that it is unlikely that the Humane Society would ever be
in position to accept lost or strayed animals from the City of
Bangor, as its facility would not be designed or constructed to
accommodate the same.
If you have any questions or comments, or you wish to
discuss this matter with me or representatives of the Humane
Society, please feel free to contact me. Again, x must reiterate
that time is of the essence, as the Humane Society must finalize
its plans for a new facility in the very near future.On behalf
of the Humane Society, I look forward to working with you on this
matter.
very truly yours,
MITCHELL & STEARNS/S �
Thomas A. Russell, Esq.
TAR: kab
Enc.
cc. Jodi Buckman
94-84
AGREEMENT
THIS AGREEMENT is made as of this day of
1994, 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 organization 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").
WHEREAS, Municipality is required under the laws of -the
State of Maine to provide shelter at a State licensed animal
control shelter (7 M.S.R.A. $3949) for strayed and lost dogs,
cats, domesticated animals that are a problem in the community
and undomesticated animals that pose a threat to public health or
safety (hereinafter "Animals"); and
wHEMBAS, 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 of Animals. Provided the BHS shelter is not
under quarantine as imposed by State humane agents, State
94-84 - J�
veterinarians or veterinarians on the BHS Board of Directors, BHS
agrees that it will accept each and every Animal delivered to it
at the BHS 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, BHS will make such
disposition as it, in its sole discretion, deems necessary and
proper.
2. D 1' f Animals. Provided the BHS shelter is not
under quarantine, all strayed or lost Animals collected by the
said Animal Control Officer shall be delivered to BHS for the
impoundment period provided the Animal Control Officer cannot
return the strayed or lost Animal to its owner directly.
3. Delivery and Hours of Oueration. Delivery of said
Animals shall be accepted only during the regular business hours
of BHS's shelter. After regular business hours and at the
discretion of the HHS Board of Directors, Animal control
Officer (a) may have limited access to temporary kenneling
facilities at the BHS shelter.
4. EXCIUSive Rights and custody. Municipality agrees that
all Animals apprehended and seized within the boundaries of the
Municipality and delivered to BHS shall be under the exclusive
control and custody of BHS. Moreover, Municipality agrees that,
so far as it is concerned, BHS shall have the undisputed right,
consistent with the laws of the State of Maine, to humanely
94-04 /_
dispose of every Animal given into its custody in accordance with
State laws and the policies and procedures of BHS.
5. tea^ d. BHS shall comply with animal care
standards as required by State law for such Animals while they
are in BHS's possession.
6. Fees. For the services 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 equal monthly installments,
the first installment being due and payable cn the date of
commencement 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 Collection and Licensing. HHS agrees
that it will require every owner seeking to redeem an impounded
Animal to pay the appropriate impoundment fee, plus the cost of
board at a rate to be determined by BHS for each day of
impoundment from the date of impoundment. Further, BHS will
require the owner of every impounded Animal to pay all applicable
fees, including vaccination fees, of an impounded Animal. BHS
shall also require proof of licensure prior to releasing a deg
into the custody of the owner in accordance with 7 M.R.S.A.
$3913(3)(C), as may be amended.
94-84
a. Documentation. BHS agrees to provide to Municipality
the following documents:
a. An annual detailed record of the number of strayed or
last Animals seized within the territorial limits of
Municipality and received by BHS; and
b. A weekly report to the Animal control Officer designated'
by Municipality identifying the person(s) who reclaimed
strayed or lost Animals;
9. Enforcement Activitigg. 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. BHS shall not be required to
apprehend or seize any Animals found roaming at large.
10. Donations and Gifts. Any and all donations,
contributions, or anything of value given to or received by BHS
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 7 above, shall be the
exclusive property of BHS,and Municipality shall have no claim
or interest therein.
11. Adoption Authority. BHS 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
94-84 7
12. veterinary Care. Municipality agrees that it shall
obtain appropriate veterinary care for injured Animals prior to
delivery to the HHS shelter as required by Title 7 M.R.S.A. 93948
(2), as may be amended. In the event that Municipality delivers
an injured Animal to BHS without first obtaining appropriate
veterinary care, BHS, in its sole discretion, may elect either to
refuse acceptance of such Animal or to accept deliver of such
Animal and procure the veterinary care it deems necessary or
appropriate. Municipality agrees to reimburse BHS for the costs
of such care within ten (10) days from the receipt of an invoice
therefor.
13. Animal 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
14. Independent C it . BHS, 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
out as officers, employees, agents or volunteers of Municipality.
Municipality, its employees, agents, and representatives shall
94-84 59
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 BHS.
15. In^ty. Municipality shall, at its own expense,
defend, indemnify and save harmless BHS from 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 BHS, its officers, employees or
agents.
16. Conbliancg. BHS agrees to comply with applicable
federal and state laws and regulations in the performance of this
Agreement
17. Assicnment. This Agreement shall not be assigned by
either party without the prior written approval of the other
party.
18. Other Serviegg. BHB offers to provide the following
services to Municipality at no additional cost to Municipality:
a. Cremation services: At no fee, BHB 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,
94-84 �
BHS will take all telephone inquiries -atthe BHS shelter
and refer the appropriate inquiries to the office of
animal control.
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: BHS staffandvolunteers will be
available for conducting education programs upon request
to any interested community group or organization,
including schools, grades M through 12.
e. Wildlife: At no cost to Municipality, BHS agrees to
facilitate the transfer of wildlifeto state licensed
rehabilitators in the area.
19. Term. The term of the Agreement shall be for three (3)
years beginning on the day following the date of execution hereof
by both Municipality and BBS. 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 end 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
94-84 e h
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
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. Complete Agreement. This Agreement represents the
entire agreement between the parties and no oral or prior written
matter shall have any force or 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.
22. Bind. This Agreement is binding upon, and shall
inure to the benefit of the heirs, assigns and successors in
interest of the parties hereto.
94-84 U1
23. 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 prevision and, thereafter, the rights
and obligation of the parties shall be construed and enforced
under the remaining provisions of the Agreement.
24. 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 on their behalf, in duplicate counterparts,
as of the date first above written.
BANGOR HUMANE SOCIETY
By.
Witness Printed Name:
Its:
CITY OF BANGOR
By:
Witness Printed Name:
Its: