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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 COLU Qy 9a YR+ Cadarj ov a. 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 ✓Y., prroRHEY3ni 99 PnS POB Yea .m ]03 BailphawJm Mi02MR ]M1omm rwnnun Telepho¢�LN)N]-3]41 Jews E. am) poBHM Omu `. (190 Scow Paweieo. cbme '. `^A. pp-r.lwa1cswmv la B=u uA, RzwmoblN ney )3, G7993u (191R19B9) &WOLMCFM ep, IOM W.Bn) Iamb 1. Ions A Dfov Gwa (19E5-1993) "17: tt4 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: