Loading...
TR-2010-32 AGREEMENT FOR ANIMAL CONTROL AGAWAM - WSPFLD j/�ao�0 3� a r�'�"-fi " '' 4tn�rvtQ� c �Yo I �s TR-20 I 0-_W, A RESOLUTION APPROVING AN INTERMUNICIPAL AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE TOWN OF AGAWAM AND THE TOWN OF WEST SPRINGFIELD (Sponsored by Mayor Cohen) WHEREAS, Agawam and West Springfield have determined that they share a need for animal control services; and WHEREAS, The Commonwealth of Massachusetts strongly advocates that communities enter such agreements in these difficult economic times; and WHEREAS, The Commonwealth of Massachusetts recently enacted Municipal Relief legislation; and WHEREAS, the sharing of the benefits and costs of those services would be beneficial to each municipality; and WHEREAS, an Agreement has been negotiated which shall provide for the terms, conditions and liabilities of the parties with respect of these services, including, but not limited to terms of cooperation and obligations of each municipality relative to cost of shared human resources, facilities, and operating costs; and NOW THEREFORE, the Agawam City Council hereby resolves pursuant to M.G.L. C. 40, §4A to enter into an Intermunicipal Agreement for Animal Control Services between the Town of Agawam and the Town of West Springfield and for the Mayor to execute iifiy and all documents to commence the Agreement. UATED THIS 9f DAY OFC r , 2010. MR ORDER OF THE AGAWAM CITY COUNCIL L3 =ica =3� '' L, - 611,111, C3 k�-� &Ad Rheault, President APPROVED TO FORM AND LEGALITY Vincent r, Gioscia, Solicitor N�o MAYORAL ACTION Received this CQ� dayof ()f� 2010 from Council Clerk. Signed by Council President this dayof ' 2010. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agaw C arter, as �7ded, I hereby approve the passage of the above legislation on this of 11 J" ":� 32010. 0 / .,2 Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2 010 for the following reas on(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this &8 kk— day of 2010. Edward Christian Tel: (413) 263-3041 Municipal Office Building Fax: (413) 746-5592 26 Central Street, Suite 23 ayored@West-Springfield.ma.us West Springfield, MA 01089-278 www.West-Springfield.ma.us —EZd7wZ&j.— ayor June 9, 2010 The Honorable Richard Cohen Mayor,Town of Agawam 36 Main Street Agawam, MA 01001-1837 Dear Mayor Cohen: I am pleased to inform you that the West Springfield Town Council on Monday,June 7, 2010 voted in the affirmative 9-0 vote to enter into an Inter Municipal Agreement with the Town of Agawam providing Animal Control Services for the two communities. I am a strong supporter of this agreement especially during these difficult economic times, as it will save our respective communities thousands of dollars and for the fact that our tax payers will benefit from this agreement for the next several years. I look forward to sharing this service with Agawam, and hopeful that the Agawam City Council Members will be voting in the affirmative at their meeting on June 21". Thank you for your support and I am looking forward to hearing from you soon. C) ;4 ' C) C5 C: Sincerely, 3:1-Z WC) >r Edward J. son M M > ayor F .!01 From: "Mary Champagne" <marychampagne@comcast.nct> C'� 0� Date: Sun, 6 Jun 2010 06:59:08 -0400 To: James cichetti'<james.cichetti@century2l.com> Cc: 'Mary Champagne'<marychampagne@comeast.nct> Subject: Town Council Issue Hi Jim, I hope all is well with you. I became aware that the Town planning a "sharing" arrangement with the City of West Springfield for dog officer responsibilities. I wanted to share with you my experience after living in Ludlow(and ultimately leaving Ludlow for this reason). Ludlow shared a dog officer with the Town of Wilbraham. It was difficult, if not impossible, to obtain any assistance or cooperation with regard to dog issues in Ludlow,simply because the dog officer did not have ample time to address all issues presented to him. In fact, when called, the dog officer STATED that he didn't have time to address minor issues because he was responsible for two towns. Minor issues would be loose dogs, barking dogs, and other very important quality of life issues for residents. It was quite obvious(particularly as a very active pedestrian), that the Town of Ludlow simply didn't care about "dog issues." The dog owners in Ludlow absolutely loved this arrangement. I lived near pit bulls left loose on a regular basis, and I complained about being chased by a dog, only to be told by the dog officer that he was too busy with "two towns"to address every complaint. It was difficult to go running or walking without worrying about whether a loose dog wouldchaseme. My husband and I ultimately moved out of Ludlow—and this was one of the main reasons. There was little or no concern about the quality of life issues related to dog control. I know from experience, if you share a dog officer with another municipality(particularly one of the size of West Springfield), it will be West Springfield who primarily benefits. The subtle lack of compliance will eventually lead to more cases of loose dogs,and ultimately(human nature being what it is),vicious dogs will be left to wander,too. This should be of particular concern for Agawam, since it could resemble parts of other local Cities(such as Springfield), where wandering dogs are commonplace. I've been a runner for twenty years,and we've lived in four cities during that time. Agawam is the one Town that has cared the most about these issues—and it shows, lhavenoconcerns when I go running—dogs don't chase me. As much as we would like to believe such, this situation is not the result of considerate dog owners—it's the result of proper and adequate dog control being in place. The suggestion that the dog officer will be reduced to a part-time position anyway, and that somehow this sharing arrangement makes her"available" to both communities all the time—is shortsighted and perhaps somewhat naive. Do you really believe that this will occur, particular with a city the size of West Springfield? Of course,they love this arrangement. I would too, if I was the Mayor of West Springfield. This is a perfect example of penny-wise and pound foolish. This is no way to save $30,000 for the Town. in fact, the improved quality of life that this $30,000 can "purchase" cannot be duplicated in any other municipal service offered to residents. Because we don't see the effects of it immediately does not mean they don't exist. Agawam is a very"walkable"Town,and it is no coincidence that the town has also has its own dog officer to look out for the interests of Agawam and Agawam ALONE. I'm asking you to please vote against this issue when it comes to vote—and to please relay these concerns to other council members. Sincerely, Mary Champagne 23 Albert Street Agawam, MA 01001 Of J. Edward Christian Tel: (413) 263-3041 CU -5592 Fax: (413) 746 Municipal Office Building 26 Central Street, Suite 23 est-Springfield.ma.us Mayored@W West Springfield, MA 01089-2785 www.West-Springfield.ma.us June 2, 2010 Edward J. Gibson' , Mayor The Honorable Richard Cohen Town of Agawam 36 Main Street Agawam, MA 01001-1837 RE: Inter-Municipal Agreement Dear Mayor Cohen: in regards to the above mentioned matter, I am pleased to inform you that the Town of West Springfield is interested in entering into an Inter-Municipal Agreement that has been drafted between the Towns of Agawam and West Springfield to provide for Animal Control Officer Services. The Commonwealth of Massachusetts recently enacted a Municipal Relief Legislation that encouraged cities and towns to enter into such agreements as this. I am in strong support of the Commonwealth of Massachusetts Municipal Relief Legislation and this agreement since it has been proposed that by combining these services between our respective communities will save thousands of dollars to the taxpayers of both West Springfield and Agawam, which during these difficult economic times is beneficial to both our communities to enter into a sharing agreement providing for Animal Control Services. Sincerely, E ward cliJ.Gi on Mayor cc: Michael J. Finn,Town Council President Town Council Susan Pettazzoni,Clerk to the Council Sharon Wilcox,Chief Financial Officer James Donahue,Town Attorney File 11Z :11 V Nnr moz 131JJ0 MH310 113NA0 A RESOLUTION APPROVING AND RqTER-MUCICEPAL AGREEMENT FOR ANIM[AL CONTROL SERVICES BETWEEN THE TOWN OF AGAWAM AND THE TOWN OF WEST SPRINGFIELD (Sponsored by Mayor Edward J. Gibson) VJEREAS,, Agawam and West Springfield have determined that they share a need for Animal Control Services; and, WHEREAS, The Commonwealth of Massachusetts strongly advocates that the communities enter such agreements 'in these difficult economic times; and, WHEREAS, The Commonwealth of Massachusetts recently enacted Municipal Relief Legislation; and, WHEREAS, The sharing of the benefits and costs of those services would be beneficial to each municipality; and, W'HEREAS, An Agreement has been negotiated, which shall provide for the terms, conditions and liabilities of the parties with respect of these services, including, but not limited to the terms of cooperation and obligations of each municipality relative to cost of shared human resources, facilities and operating costs. NOW TBEREFOREI, The West Springfield Town Council hereby authorizes the Mayor, pursuant to M.G.L. Chapter 40 Section 4A, to enter into an Inter-Municipal Agreement for Animal Control Services between the Town of Agawam and the Town of West Springfield and that the Mayor may execute any and all documents related to the implementation of said Agreement. DATED THIS DAY OF 2010 PER ORDER OF THE WEST SPRINGFIELD TOWN COUNCIL Nfichael J. Finn, President APPROVED AS TO FORM AND LEGALITY James Donahue,, Town Attorney TOWN OF AGAWAM&TOWN OF WEST SPRINGFIELD INTERMMCTPAL AGREEMENT ANIMAL CONTROL SERVICES Thit intemunicipa.1 Agremnent,made and entored into this_day of unde;r the auth2rity o ft provisions of Massachusetts General Laws,Chapter 4-0, Section 4A,by and between the Town of Agawan a municipal corporation within the County of Hampden and the Commonwealth of Massachusetts,,acting by and throuSb its To%m Council with the-apprDVII of its Mayor,bereiriafter rcf�rred to as"Agawarri",and the Town of West Springfield,a municipal corporation within the County of Hampden and the Commonwealth of Massaohuseft,acti ng through its Town Council with the approval of its Mayor,hereinafter referr ed to as"West Springfi e ld.1' WIMESSETH WHEREAS,Agawam and West Springfield hive determined that they share a need for animal control services;and WHEREAS.Agawam and West Springfield have determined that the sharing of the benefits and costs of those services would be beneficial to each municipality;and VaEREAS,Tho City of Springfield has,through its Mayor,terminated the existing Anirnal Contro 1,Agmernent between the City of Springfield and West Springfield for the use of the Thomas J.O'Connor Animal Control Facility effective July 1,2010;and WHEREAS, West Springfield will have no animal control pro_Rram as a result of said termination;and WHEREAS,this Agreement shal I provide for the tems,conditions and liabilities of the parties With respect oF these seMces, including, but not limited to terms of cooperation and obligBtions of each mutnicipality relefive.to cost of shared buman resources, facilities.and operitting costs;and WHERFAS,the town council%%+th the approval of its mayor of each municipality agree to cr=into this agreement in accordance with the provisions of GIc-40, Secti on 4A. NOW,THEREFORE,in consideration of The promises and mutual benefits to be derived by the panics hereto,the parlies agree as follows: ' I. The Mayors of Agawam and West Springfield or their re"otive designees will be the municipalities'respectiverepresentatives to ovenee the cooperatiYe arrangement. The approval of each Town Council with the approval of its Mayor will be required to amend this Agmtrnent. 2- All the privileges and immunities from liability-and exemptions from laws,by-laws and regulations that animal control officers employed by either of the parties hereto have in their own jurisdictions shad I be effix-Aive in thojurisdiction in which they am giving assistance unless otherwise prohibited by taw. I The shared Anitnal Control Officer shall have all the authority under the applicable provisions of the MazsachusetEs General Laws as well as the by-laws of The,municipality in which animal wn"t services am being provided. The shared Animal Contr6l Officer will be am employee of Agawam for purposes of-all employment related benefits. 4. Each community will be responsible for payment of its legal f�ees for court appearances by its lega.1 counsel as a result of enforcement actions taken by the Aaimal Control Officer in its community. All immunities from liability enjoyed by the sending community-ithin its boundaries shall extend to its participation in Tendering animal control services under this Agreement outside its boundaries. Each community will 2 receive one hundred percent(I W16)reimbursement for Fines attributable to animal control services petfomed in its own community. S. Each party to this Agreement shall waive any and all cWims agabst the other party herdo,which may a6ve out of their activitie�s outside of their respective jurisdictions while rendering or rMeiving services under this Agreernwt 6. In the event that any claims, dtrnands�suits,causes of action,-and costs and expenses arise uith mapea to animal control services provided pursuant to this Agreement the receiving community shall be liable fbr one hundred percent(I DO%)of arry and all such claims, dmnandr., suits,causes of adions,costs and expenses,including reasonable attorneys ftes, inciuding those arising from the handling,cam,and disposal of any animals from the rectiving community. 7. An Animal Control Offi=injured or killed while perfbrming duties for a recziving community or returning to the sending community following a request for services under this Agreement shall be deemed to be on active duty for the receiving community and within the scope of its employment for all purposes. The Animal Control Officer"I be covered by Agavram's workers compensation and unemployment insurance. WW Springfield shall pay fifty percent(501/16)of any costs auributable to a worker's compensation and/or unemployment claim rnade by the Animal Control Officar not covered by workman's compensation insurance or any other Insurance coverage. Said payment shall be made in accordance%6th the schedule oudined In section 8 below. 3. Cost sharing. West Springfield shall for each year that this Agreement is in effect pay Agawam fifty percent(50%)of the approved Animal Control Budget subject to appropriation by each municipality,which wi 11 provide for the cost of wages, vehicle maintenwvce�uniforms and equipment for the Animal Control Officer,health and other izwn-ance premiums paid by Apwarn fbr the kn imal Conmol Officer,and all other employee benefit%which is estimated to be S49,9 1 O.D6 for fiscal 2011 (West SpTingfield's share equals $24.905.03)- Should the budget arnount be increased by agreement of the parfies hereto, arty deficirmcies in the annual payment shall be included in the next year's payment in accorda=with the cost-sharing formula established hemin. In addition, West Springfitid shall fbr each year r-hz this Agetment is in effect pay Agawarn fifty percent(50%)of The Public Employee Retirement Adminismadon Gormnission's approved appropriation schedule thax Agamarn is required to pay for said ArtimaJ Control Officer. The budget shall be developed by Agmwarn and shall be provided to West Springfield annually on or before April 1, for review and approval by West Springfield. West Springfield shall be resportsible for payment of its sham of the budget on a quarterly basis,said payment to be made on July 1.Ocmber 1,January 1, and April I of the thert- current fiscal year. If at The end of the fi=W year the t7udgeted arnount has been exceeded,fifty percent(50%)of said exms amount shatl be added to the following fiscal year amount and paid by West Springfield on October 1. If at the end of the fiscal year the full budgeted Mount has not been expended,fifty pement(50%)of the remaining roonies shall be deducted from the amount owed by West Springfield on October 1. Should the budrc,as submitted by Agawam to West SpringfieK pTovide for the purchase of a new vehicle,West Springfield shall be responsible for fifty percent(50%) of the cost of such vehicle, such pementage cost to be paid in equal installments together ViTh West Springfield's quuterly payments as specified hereirt,pmvided ibe Mayor of 4 Wesit Springfield has approved,in writing,the vehicle to be purchased,and provided ftirther that the req uest for the new vehicle has been subm irted to him on or before March I and that the said purchase will be made in the upcoming fiscal year. In fl-m event that Wm Springfield withdraw&from this Agreement in accordance with the provifions of Paragraph 10 or N2 Agreement h.otberwise termLinated,WW Springfield shall be reimbursed fik�percent(501/1v)of the then mirrmt appraised value for that vehicle as of the dae of the notice of wlthdmwal, said reimbursement to be applied in equal insWimonts as a redwtion in the monthly payments owed by West Springfield to Agawam. West Springfield shaJL however,remain re&ponsible for p"ent of its share of the cost of purchase of the vehicle until termination of this Agreement- Agawam shall mainttiin accurate and comprehensive r=rds of services performed,costs incurred,and reimbursements and contribufions received. Agawam shall perftrm annual audits of such records a copy of which shall be submitted to Weg Springfield within thirty(30)days of completion;provided however,that West Springfield may perform its own audit of said tecords as it determines appropri2me. Officers responsible for this Agreement u411 give appropriate pe-rformance bonds. Petiodic financial statements will be issued To Agawarn and West Springfield. 10.The eff6ctive date of this Agreement shall be July 1:2010. This Agreement shall remain in effect for five(5)years from the effectiva date� or until tenninati-A by the parties hemto on written notice. Such notice&hall be provided one bundred eighty(190)days prior to the end of the then current fiscal year and withdrawal from the agreemeni will be ef[�c:tiye as of the last day of the succeeding fiscal year. 11,This Agreement contains the entire ag=mcnt of the parties and supersedrz any p�rijor agreements or understandings,whether oral or in writing,between them. This Agrtment may not be changed or modified except by a wrinen instrument in a=ordanoD With the provisions herein. 12.This Agreement sha)l be gDverned by, construed and enforced in accordance with the laws of the Commonwealth of Massachusem the provision of which shall not be deemed wzived by any provision hemof,and the pmrties hereto submit to the jurisdicrion orany of its appropriate courts for the adjudication of disputes arising out of this Agreement. 13.If any provision of This Agretment is declared to be illegal,unenforr-cable,or void,then both parties shall be reli"of all obliguions under that provision provided,however, thaz the remainder of the Agreement shall be onfbrced to the Mest extent permitted by law, In Witness thereof the parfies berao have executed this Agreement as of the first date written above, For the Town of Agawwn For the Town ofWest Springfield by Richard A.Cohen, Mayor by Edward J.Gibson, Mayor Dated: Dated: 6 1,Cheryl St John, Town Auditor,hereby 1. Sharon Wilwx, To-wm Accountant, hereby certify that sufficient appropriation has certify that sufficient appropriation has been been made to ffind this Agreemcnt. made to fund this Agreement. Dated: Dated: Approved as to Form Approved as to Form Dated: Dated: 7 W,% P1 141so 219-163 0- THE Crry OF SPRINGFEELDt MASSACHUSETTS MAYOR DONIENIC J. SARNO HOME OF THE NATIONAL BASKETBALL MAU OFFAME June 29,2009 Mich van Edwara-�,:�16son_ Mayor of Holyoke Mayor of West Springfield City Hall 26 Central Street,2"FlooT 536 Dwight Street West Springfield,MA 0 10 89 HolyokeMA 01040 Michael D �-�Onnett yl�w Board of Selectman Mayor 2hicopee Town of Hampden 17 Springfield Street 625 Main Street Chicopee,MA 0 10 13 Hampden,MA 0 1036 Re: Thomas J. O'Connor Animal Control FacilLty Dear Colleagues: As you know,our communities have participated in the provision of Animal Control Services through a Regional Animal Control Program C'Program")on the terms and conditions set forth in an Inter-Municipal Agreement utilizing the Thomas J.O'Connor(TJO)Animal Control Facility located on Cottage Street in- Springfield. Animal Control presents a critical need throughout our metropolitan region.The TJO Program protects our citizens from threats to health and safety and provides humane conditions for thousands of abandoned, abused,diseased, lost,mistreated,tortured and vicious dogs to prevent needless suffering and inhumane conditions. During fiscal year 2009,the City of Springfield's general fund provided for approximately S 1,320,729 in expenditures at the TJO.Personnel services costs for 13.5 FTE's were approximately$427,497 and expenses for Other Than Personnel Services were approximately$893,232.The services are fiinded by a$2.60 per capita charge to each community.Total revenues per capita fi-orn surrounding Towns were approximately$900,000.As you can see,a significant deficient is incurred by the City of Springfield. TJO is struggling to keep up with increased volume of calls,incrrased complexity,high public expectations, reductions in staft and an inability to increase the per capita charge under the existing agreement in the face of increased pressure on the City's budget as a result of decreases in local aid from the state,the City may be forced to modify the deliver of these services.During these times of fiscal challenge,I write to seek your support for changing the means of proViding Animal Control Services in our region. City of Springfield-36 Court Street-Springfield,MA 0 1103-(413)787-6 100 Unfortunately,the City of Springfield will not be able to continue to participate as the lead community for the Program under the existing terms, so we regretfully inform you that,pursuant to the provisions of the agreement,the City of Springfield is notifying you one year in advance that it is exercising its right to terminate the contract effective June 30,2010. However,the City is willing to continue the regional cooperation with terms that would close the funding gap and explore an equitable solution for delivery of these critical services. The Owner of the building in which TJO is housed,Monarch Enterprises,LLC,has generously agreed to accept reduced rent payments for two years by$150,000 annually;S 12,500 per month for the next 24 months.In addition,the owner has agTeed to donate an annual dinner at the Sheraton Springfield Hotel for up to 400 people to be used as a fundraiser for the Thomas J.O'Connor Animal Control Facility. It is hoped that the dinner will be able to generate approximately$40,000 annually. Despite these generous offers,the City of Springfield cannot afford to continue to operate under the existing agreement which caps the costs of surrounding towns for 25 years,while the City is faced with footing ever escalating cost. Without the TJO facility,there would be a crisis in canine management that would be unconscionable, putting the public at greater risk by increasing the potential for the spread of rabies,public nuisances from barking and biting dogs,and could lead to dangerous,vicious dogs roaming the streets. Moreover,the TJO Program has expanded the services it provides to its service areas with regard to more than just dogs. Many city and county animal control agencies are mandated only to deal with dogs—not cats. Some experts now estimate 70 million feral cats live in the United States,the consequence of little effort to control the population and of the cat's ability to reproduce and threaten public health as wealth as bird populations.Cats,Me raccoons and skunks can carry rabies and other diseases,creating a public health threat with regard to diseases contagious to people and pets. The TJO facility has been successful,and that success has,is some regard,contributed to its fiscal difficulties. The TJO's quiet success in carrying out its mission with regard to public health and safety is something that can easily be taken for granted. Recently, the closing of the MSPCA facility has shed some light on the need throughout the region for meeting the fiscal requirements concerning Animal Control.The Dakin Pioneer Valley Humane Society has bought the Springfield building owned by the Massachusetts Society for the Prevention of Cruelty to Animals after the MSPCA pulled out of western Massachusetts at the end of March. The Dakin organization's mission is to prevent animal homelessness. In addition to the pet adoption center,the shelter runs extensive spaying and neutering programs,and promotes the care of animals through programs at schools and colleges. However,their efforts cannot replace the Animal Control function provided by the TJO-Program. As such,it is necessary that Springfield and other participants in the TJO Program work together to find a new,more equitable and fiscally sound means of continuing the project. I would hope that� over the next several months we can meet to discuss alternative means to deliver and finance the services which TJO has provided as we go forward in confronting and dealing with the challenging issues involved with the governmental role in Animal Control. I look forward to meeting with you Or your representatives to formulate a new agreement concerning this regional issue. Very truly yours, V(jme �J �Mayor gz ,D,i7a, 'a J. Edward Christian Tel: (413) 263-3041 A Fax: (413) 746-5592 Municipal Office Building ;'r,�,rkw r�'A 26 Central Street, Suite 23 Mayored@West-Spring6eld.ma.us West Springfield, MA 01089-2785.:" www.West-Springfield.rnaus war J. Gibso r June 2, 2010 Mr. Michael J. Finn, Town Council President J. Edward Christian Municipal Office Building 26 Central Street, Suite -9 13. West Springfield, MA. 01089 Dear President Finn: I have enclosed a Resolution and Inter Municipal Agreement for the Town Council's discussion and approval which would allow the Town of West Springfield to join the Town of Agawam in providing Animal Control Services to both communities. I have also attached a letter from Springfield Mayor Domenic Sarno dated June 29, 2009 which terminates our current Inter Municipal agreement to provide these services with the cities of Springfield, Holyoke and Chicopee on June 3 0, 2009. 1 have explored the possibilities and costs of the Town entering into providing these services on their own and recently an opportunity arose through Mayor Cohen for joining with the Town of Agawam in providing this service to both our communities which would decrease the existing costs of the service for both Agawam and West Springfield. As you are aware the Commonwealth of Massachusetts recently enacted a Municipal Relief Legislation that encouraged cities and towns to enter into such agreements as this. I am a strong supporter of the Municipal relief Legislation and by combining these services between our respective communities we will be able to save tens of thousands of dollars for the taxpayers of both West Springfield and Agawam, which during these difficult economic times is beneficial to both our communities to enter into a sharing agreement providing for Animal Control Services. By approving this agreement the Town council will also be able to reduce the Miscellaneous Budget Animal Control line item 4 001-940-89-5380-00-000-0 from the requested amount of$72,53 7.40 to $39,905.03 (Combination of the shared cost with the Town of Agawam and funding for kenneling of the dogs any required medical attention as well as miscellaneous supplies) which is a reduction of$32,63Z37 over the existing cost of the service. I ask for Town Council's support in approving this Inter Municipal Agreement request. If you should have any questions, please feel free to call me at 263-3 04 1. Sincerely, ,j Edward J. bson Mayor cc: Susan Pettazzoni, Clerk to the Town Council Kathleen Bourque, Budget-Sub Committee Chairman Budget Sub Committee Town Council Sharon Wilcox, Chief Financial Officer James Donahue, Town Attorney Mayor Richard Cohen, Mayor Town of Agawam Agawam City Council Thomas Burke, Police Chief Jeanne Galloway, Director of Health Cynthia Romaniak File Enclosures TR-20 I 0-_CLc.0 A RESOLUTION APPROVING AN INTERMUNICIPAL AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THETOWN OF AGAWAM AND THE TOWN OF WEST SPRINGFIELD (Sponsored by Mayor Cohen) WHEREAS, Agawam and West Springfield have determined that they share a need for animal control services; and WHEREAS, The Commonwealth of Massachusetts strongly advocates that commuoities enter such agreements in these difficult economic times; and WHEREAS, The Commonwealth of Massachusetts recently enacted Municipal Relief legislation; and WHEREAS, the sharing of the benefits and costs of those services would be beneficial to each municipality; and WHEREAS, an Agreement has been negotiated which shall provide for the terms, conditions and liabilities of the parties with respect of these services, including, but not limited to terms of cooperation and obligations of each municipality relative to cost of shared human resources, facilities, and operating costs; and NOW THEREFORE, the Agawam City Council hereby resolves pursuant to M.G.L. c. 40, §4A to enter into an Intermunicipal Agreement for Animal Control Services between the Town of Agawam and the Town of West Springfield and for the Mayor to execute any and all documents to commence the Agreement. DATED THIS DAY OF 52010. PER ORDER OF THE AGAWAM CITY COUNCIL Donald Rheault, President C- TO FORM AND LEGALITY b-cno APPRO ED n Vincent Gioscia, Solicitor J, Uward Cbrisri= Tel: (413) 263-3041 Municipal Office Buildiag - Fax: (413) 746-5592 26 Central Street, Suite 23 oyored@Vesr-Spriagf1eid.mau5 West Springfield, MA 01089-278, wwwXesi-Springfield.ma.us .0. June 2,2010 t The Honorable Richard Cohen Town of Agawam 36 Main Street Agawam,MA 01001-1837 RE., Inter-Municipal Agreement Dear Mayor Cohen: In regards to the above mentioned matter, I am pleased to inform you that the Town of West Springfield Is interested in entering Into an Inter-Municipal Agreement that has been drafted between the Towns of Agawam and West Springfield to provide for Animal Control Officer Services. The Commonwealth of Massachusetts recently enacted a Municipal Relief Legislation that encouraged cities and towns to enter into such agreements as this. I am in strong support of the Commonwealth of Massachusetts Municipal Relief Legislation this agreement since it has been proposed that by combining these services between our respi� � communities will save thousands of dollars to the taxpayers of both West Springfield and Aglimi which during these difficult economic times is beneficial to both our communities to enter 16 0 a sharing agree me nt provil di ng for AN m al Contro I Services. Sincerely, E ward diJ.Gi on Mayor cc: Michael J. Finn,Town Council President Town Council Susan Pettazzoni,Clerk to the Council Sharon Wilcox,Chief Financial Officer James Donahue,Town Attorney File Tn'A 00-rO nTn7 0 linr 7rCCOf7 J C T t7-XP A K­:)m in iwur:i i A RESOLUTION APPROVING AND INTER-MUCICIPAL AGREEMENT �OR AND4AL CONTROL SERVICES BETWEEN TEE TOWN OF AGAWAM AND THE TOWN OF WEST SPRINGFIELD (Sponsored by Mayor Edward 1. Gibson) WHEREAS, Agawam and West Springfield have determined that they sharo A need for Animal Control Services; and, WHMEAS, The Commonwealth of Massachusetts strongly advocates that the, communities enter such agreements in these diffaicult economic times; and, WBEREAS, The Commonwealth of Massachusetts irecently enacted Municipal Relief Legislation; and., WHMEAS, The sharing of the benefits and costs of those services would be beneficial to each municipality; and, WHEREAS, An Agreement has been negotiated, which shall provide for t4p terms, conditions and liabilities of the parties with respect of these services, includiag, but not lirmted to the terms of cooperation and obligations of each municipality relative to cost of shared'human resources, facilities and operating costs. NOW TBEREFORE, The West Springfield Town Council hereby authoriz#j the Mayor, pursuant to M.G.L. Chapter 40 Section 4A, to enter into an Inter-Muzicipal Agreement for Animal Control Services between the Town of Agawam and-the Town of West Springfield and that the Mayor may execute any and all doewnents related to the implementation of said Agreement. DATED TBIS DAY OF 2010 PER ORDER OF TBE WEST SPRINGFIELD TOWN COUNCIL Nfichael J. Finn, President APPROVED AS TO FORM AND LEGALITY James Donahue, Town Attorney 7n ,,4 CC-�',n nTO7 C unr 7rCC0")0Tb:XP4 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-7864927 0 June 1, 2010 The Honorable Edward Gibson Mayor, T'own of West Springfield 26 Central Street West Springfield, NIA 01089.. DearMayor Gibson, T am very pleased that,our two communities have been able to work together in preparing this"Intermunicipal Agreement. The Intermunicipal Agreement we have drafted for the Animal Contro 10 fficer i s jus t ano ther way that each o f our communities can save thousands of dollars by sharing public safety services. The sharing of these benefits and costs of these services will certainly be beneficial to each municipality. I am a strong believer in supporting the Commonwealth of Massachusetts recently enacted Municipal Relief Legislation that cities and towns enter such agreements in these difficult economic times to continue the services our residents deserve. I'arn hopeful that our respective City Councils will vote positively to support this agreement to save our residents tax dollars. Very truly yours', Mayor Richard A. Cohen TOWN OF AGAWAM & TOWN OF WEST SPRINGFIELD INTERMUNICIPAL AGREEMENT ANIMAL CONTROL SERVICES This Intermunicipal Agreement, made and entered into this day of under the authority of the provisions of Massachusetts General Laws, Chapter 40, Section 4A, by and between the Town of Agawam, a municipal corporation within the County of Hampden and the Commonwealth of Massachusetts, acting by and through its Town Council with the approval of its Mayor, hereinafter referred to as "Agawam", and the Town of West Springfield, a municipal corporation within the County of Hampden and the Commonwealth of Massachusetts, acting through its Town Council with the approval of its Mayor, hereinafter -referred to as "West Springfield." WITNESSETH WHEREAS, Agawam and West Springfield have determined that they share a need for animal control services; and WHEREAS, Agawam and West Springfield have determined that the sharing of the benefits and costs of those services would be beneficial to each municipality; and WHEREAS, the City of Springfield has, through its Mayor, terminated the existing Animal Control Agreement between the City of Springfield and West Springfield for the use of the Thomas J. O'Connor Animal Control Facility effective July 1, 2010; and WHEREAS, West Springfield %"']I have no animal control program as a result of said termination; and WHEREAS, this Agreement shall provide for the terms, conditions and liabilities of the parties with respect of these services, including, but not limited to terms of cooperation and obligations of each municipality relative to cost of shared human resources, facilities, and operating costs; and WHEREAS, the town council with the approval of its mayor of each municipality agree to enter into this agreement in accordance with the provisions of G.L.c. 40, Section 4A. NOW, THEREFORE, in consideration of the promises and mutual benefits to be derived by the parties hereto, the parties agree as follows: 1. The Mayors of Agawam and West Springfield or their respective designees will be the municipalities' respective representatives to oversee the cooperative arrangement. The approval of each Town Council with the approval of its Mayor will be required to amend this Agreement. 2. All the privileges and immunities from liability and exemptions from laws,by-laws and regulations that animal control officers employed by either of the par-ties hereto have in their own jurisdictions shall be effective in the jurisdiction in which they are giving assistance unless otherwise prohibited by law. 3. The shared Animal Control Officer shall have all the authority under the applicable provisions of the Massachusetts General Laws as well as the by-laws of the municipality in which animal control services are being provided. The shared Animal Control Officer will be an employee of Agawam for purposes of all employment related benefits. 4. Each community will be responsible for payment of its legal fees for court appearances by its legal counsel as a result of enforcement actions taken by the Animal Control Officer in its community. All immunities from liability enjoyed by the sending community within its boundaries shall extend to its participation in rendering animal control services under this Agreement outside its boundaries. Each community will 2 receive one hundred percent (100%) reimbursement for fines attributable to animal control services performed in its own community. 5. Each party to this Agreement shall waive any and all claims against the other party hereto, which may arise out of their activities outside of their respective jurisdictions while rendering or receiving services under this Agreement. .6. In the event that any claims, demands, suits, causes of action, and costs and expenses arise with respect to animal control services provided pursuant to this Agreement, the receiving community shall be liable for one hundred percent (100%) of any and all such claims, demands, suits, causes of actions, costs and expenses, including reasonable attorney's fees, including those arising from the handling, care, and disposal of any animals from the receiving community. 7. An Animal Control Officer injured or killed while performing duties for a receiving community or returning to the sending community following 'a request for services under this Agreement shall be deemed to be on active duty for the receiving community and within the scope of its employment for all purposes, The Animal Control Officer shall be covered by Agawam's workers compensation and unemployment insurance. West Springfield shall pay fifty percent (50%) of any costs attributable to a worker's compensation and/or unemployment claim made by the Animal Control Officer not covered by workman's compensation insurance or any other insurance coverage. Said payment shaH be made 'in accordance with the schedule outlined in section 8 below. 8. Cost sharing. West Springfield shall for each year that this Agreement is in effect pay Agawam fifty percent (50%) of the approved Animal Control Budget subject to appropriation by each municipality, which will provide for the cost of wages, vehicle 3 maintenance, uniforms and equipment for the Animal Control Officer, health and other insurance premiums paid by Agawam for the Animal Control Officer, and all other employee benefits, which is estimated to be $49,810.06 for fiscal 2011 (West Springfield's share equals $24,905.03). Should the budget amount be increased by agreement of the parties hereto, any deficiencies in the annual payment shall be included in the next year's payment in accordance with the cost-sharing formula established herein. In addition, West Springfield shall for each year that this Agreement is in effect pay Agawam fifty percent(50%) of the Public Employee Retirement Administration Commission's approved appropriation schedule that Agawam is required to pay for said Animal Control Officer, The budget shall be developed by Agawam and shall be provided to West Springfield annually on or before April 1, for review and approval by West Springfield. West Springfield shall be responsible for payment of its share of the budget on a quarterly basis, said payment to be made on July 1, October 1, January 1, and April I of the then- current fiscal year. If at the end of the fiscal year the budgeted amount has been exceeded, fifty percent(50%) of said excess amount shall be added to the following fiscal year amount and paid by West Springfield on October 1. If at the end of the fiscal year the full budgeted amount has not been expended, fifty percent (50%) of the remaining monies shall be deducted from the amount owed by West Springfield on October 1. Should the budget, as submitted by Agawam to West Springfield, provide for the purchase of a new vehicle, West Springfield shall be responsible for fifty percent (50%) of the cost of such vehicle, such percentage cost to be paid in equal installments together with West Springfield's quarterly payments as specified herein, provided the Mayor of 4 West Springfield has approved, in writing, the vehicle to be purchased, and provided further that the request for the new vehicle has been submitted to him on or before March I and that the said purchase will be made in the upcoming fiscal year. In the event that West Springfield withdraws from this Agreement in accordance with the provisions of Paragraph 10 or this Agreement is otherwise terminated, West Springfield shall be reimbursed fifty percent (50%) of the then current appraised value for that vehicle as of the date of the notice of withdrawal, said reimbursement to be applied in equal installments as a reduction in the monthly payments owed by' West Springfield to Agawam. West Springfield shall, however, remain responsible for payment of its share of the cost of purchase of the vehicle until ten-nination of this Agreement. 9. Agawam shall maintain accurate and comprehensive records of services performed, costs incurred, and reimbursements and contributions received. Agawam shall perform annual audits of such records a copy of which shall be submitted to West Springfield within thirty (30) days of completion; provided however, that West Springfield may perform its own audit of said records as it determines appropriate. Officers responsible for this Agreement will give appropriate performance bonds. Periodic financial statements will be issued to Agawam and West Springfield. 0 10. The effective date of this Agreement shall be July 1, 2010. This Agreement shall remain in effect for five (5) years from the effective date, or until terminated by the parties hereto on written notice. Such notice sh all be provided one hundred eighty (180) days prior to the end of the then current fiscal year and withdrawal from the agreement will be effective as of the iast day of the succeeding fiscal year. 5 I I. This Agreement contains the entire agreement of the parties and supersedes any prior agreements or understandings, whether oral or in writing, between them. This Agreement may not be changed or modified except by a written instrument in accordance with the provisions herein. 12. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, the provision of which shall not be deemed waived by any provision hereof, and the parties hereto submit to the jurisdiction of any of its appropriate courts for the adjudication of disputes arising out of this Agreement. 13. If any provision of this Agreement is declared to be illegal, unenforceable, or void, then both parties shall be relieved of all obligations under that provision provided, however, that the remainder of the Agreement shall be enforced to the fullest extent permitted by law. In Witness thereof the parties hereto have executed this Agreement as Qf the first date written above. For the Town of Agawam For the Town of West Springfield by Richard A. Cohen, Mayor by Edward J. Gibson, Mayor Dated: Dated: 6 1, Cheryl St. John, Town Auditor, hereby 1, Sharon Wilcox, Town Accountant, hereby c 'f erti y that sufficient appropriation has certify that sufficient appropriation has been been made to fund this Agreement. made to fund this Agreement. Dated: Dated: Approved as to Form Approved as to Form Dated: Dated: 7