TR-2011-19 INTER MUNICIPAL ANIMAL SHELTER - r, �M,1,L�,1 c �
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TR-2011-19
A RESOLUTION REGARDING THE APPRovAL OF AN INTER-MUNICIPAL SHELTER LEASE
AGREEMENT REGARDING ANIMAL CONTROL BFrwEEN WEST SPRINGFIELD,WESTFIELD,
AND THE TowN OF AGAwAm
SPONSORED BY MAYOR RICHARD COHEN
WHEREAS, the Town does not have its own facility to house or impound
dogs that are picked up on animal complaints;
WHEREAS, animal control ordinances are essential to addressing the health
concerns that unlicensed and dangerous dogs present to the community;
WHEREAS, the cities of West Springfield and Westfield share the same
concerns regarding unlicensed, unregistered and potentially dangerous dogs;
WHEREAS, cooperation with other municipalities would save the Town of
Agawam resources and provide services immediately;
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WHEREAS, an Inter-municipal Shelter Lease Agreement has been negotiaod
and prepared between the cities of West Springfield, Westfield, and the Town of
Agawam;
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WHEREAS, current facilities will no longer be available for the Town of _n
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Agawam's use;
NOW THEREFORE, the Agawam City Council hereby resolves to approve the
Inter-municipal Shelter Lease Agreement between the Agawam, West Springfield and
Westfield.
DATED THIS 9).� DAY 017yjaekO 11.
PER 0 0 1X0 M CITY COUNCIL
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P14RVE AS TO FORM AND LEGALITY
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Vincent F. Gioscia, Solicitor
CATL
MAYORAL ACTION
Received this 'ayof Hoch 2011 from Council Clerk.
Signed by Council President this day ofda62�j 2011.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Cbarter, as
am Mded, I �ereby approve the passage of the above legislation on thi -Y--day of
2011.
V
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
2011 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this -4k -day of_Makc ' 2011.
City of Wesyteld
0
CHARLES W MEDEIROS
ACTING MAYOR
City Hall Telephone: (413)-572-6200
59 Court Street Fax: (413) 572-627
Westfield MA 01085
August 20, 2007
Mayor Richard A. Cohen
Town of Agawam
36 Main Street
Aga wan-1, MA 0 100 1
RS: MUTUAL AID AGREEMENT FOR ANIMAL CONTROL
Dear Mayor Cohen:
Enclosed is an executed copy of subject agreement signed by City of Westfield Mayor,
Chief of Police and Animal Control Officer.
Very truly yours,
C)-7
Gail Yarm/sk y
Administrative Assistant to XLLCt C
Acting, Mayor Charles Medeiros
Eric.
6o L-,,
COMMONWEALTH OF MASSACHUSETTS
CITY OF WESTFIELD
MUTUAL AID AGREEMENT FOR ANIMAL CONTROL
This Mutual Aid Agreement for Animal Control (the "Agreement") entered into this r-day of
r�u a I),,a�. 2007 (the "Effective Date") by and between the City of Westfield, a Municipal
coi-62ation duly established by law in the County of Hampden, Commonwealth of Massachusetts
(hereinafter "Westfield") and the Town of Agawam a municipal corporation duly established by
law in the County of Hampden, Commonwealth of Massachusetts (hereafter "Agawam"),
WHEREAS, Westfield and Agawam each employ and maintain one or more Animal Control
Officers, as defined herein;
WHEREAS, Westfield and Agawam, are each in need of additional Animal Control Officers upon
the occurrence of a Special Circumstance, as defined herein, exceeding the capabilities of either
municipality to provide Animal Control Services and requiring such additional support from such
other municipality;
WHEREAS, Westfield and, Agawam desire to enter into this Agreement for purposes of providing
the mutual aid, in accordance with M. G. L. Chapter 40, Section 4A, for the provision of Animal
Control Services upon the occurrence of a Special Circumstance.
NOW, THEREFORE, IN CONSIDERATION of the foregoing and the mutual covenants
contained herein, Westfield and Agawam hereby agree as follows-.
I Definitions. For the purposes of this Agreement, the following terms shall be
defined as follows:
A. Member Municipality or Member Municipalities: The City of Westfield,
Massachusetts, and the Town of Agawam, Massachusetts.
B. Requesti�nq MunicipalitV. A Member Municipality requesting Animal Control
Services support from the Supporting Municipality
C. Supporting Municipality, A Member Municipality that is providing Animal
Control SeNices support to the Requesting Municipality
D. Animal Control Officer. The Animal Control Officer as designated and
assigned by each Member Municipality
E. Standard Operating Guidelines and Procedures. Common operating
guidelines and pro cedures to be developed mutually by the Member
Municipalities governing the'provisions of Animal Control SeMces.
F. Animal Control Services. Those animal care and control and other duties
Performed by an Animal Control Officer in accordance with Municipal,
State, and other legal guidelines and requirements.
G. Special Circumstance. An event or circumstance requiring an
additional need for Animal Control Services, as determined by the senior
Animal Control Officer of the Member Municipality experiencing such event or
circumstance for reasons including, without limitation, animal emergency or
other emergency, shortage of Animal Control Officers due to vacation or prior
dispatch; or such other reason as otherwise reasonably determined.
2 Services. The Member Municipalities agree to provide the following Services
for purposes of this Agreement:
A. Upon the determination by a Requesting Municipality's Senior Animal Control
Officer that a Special Circumstance exists, such Requesting Municipality shall
contact the Supporting Municipality which shall use reasonable efforts, in
accordance with Section 2B hereof, to dispatch Animal Control Services as
necessary to assist the Requesting Municipality.
B. Upon a request by a Requesting Municipality's Senior Animal Control Officer
for Animal Control Services, the Supporting Municipality shall use reasonable
efforts to provide such services. Notwithstanding the foregoing, in the event
the Supporting Municipality is unable to provide such Animal Control Services
due to the needs of such Supporting Community at the time of such request, it
shall notify Requesting-Municipality immediately, and shall have- no liability to
the Requesting Municipality as a result of the inability to provide such service' s.
C. The Animal Control Services shall be provided in accordance with the
Standard Operating Guidelines and Procedures, or as otherwise mutually
determined by the Member Municipalities, and pursuant to the terms of this
Agreement.
D. The Member Municipalities shall work in good faith to establish the Standard
Operating Guidelines and Procedures, and shall further share animal control
personnel rosters and equipment resource lists. Once established, the
Standard Operating Guidelines and Procedures shall be incorporated into, and
made part of, this Agreement.
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3. Service Fees.
A. Any provision of Animal Control Services by a Supporting Municipality in
response to a request by 'a Requesting Municipality, shall be provided by
Supporting Municipality at its sole cost and expense for up to a four (4) hour
duration. For any provision of services by the Supporting Municipality of a
duration of greater than four (4) hours, the Supporting Municipality shall be
reimbursed for its actual and reasonable costs including, without limitation, the
salaries paid to its Animal Control Officers pro rata based upon the duration of
the services provided.
B. Nothing in this Agreement shall be construed as to prevent any Supporting
Municipality from waliving 'its right to reimbursement, and any such waiver in
one or more instances shall neither affect nor prejudice the ability of such
Member Municipality to seek reimbursement for the provision of any such
future services.
C. Any bill or invoice for reimbursement provided from a Member Municipality to
such other Member Municipality shall expressly state that such bill or invoice
was for services provided pursuant to this Agreement,
4. Indemnity. Each Member Municipality shall indemnify, defend and hold harmless, the
other Member Municipality, from and against any and all losses, 'judgments, lawsuits,
settlements, actions, damages, claims, liabilities, executions, costs or expenses of whatever
kind and nature (including reasonable attorney's fees, costs and legal expenses) resulting
from or related, to (i) any breach of this Agreement; or (ii) any negligent act or omission,
willful misconduct or a violation of any applicable law or regulation. Notwithstanding the
foregoing, each Member Municipality shall be solely responsible for any losses, judgments,
lawsuits, settlements, actions, damages, claims, liabilities, executions, costs or expenses of
whatever kind and nature due to the injury or death of its own personfiel, or damage to its
equipment or vehicles, that occurs in the provision of the Animal Control Services to such
other Member Municipality.
5. Insurance.
A. Each Member Municipality shall provide for the cost of medical care and
employee indemnification as required by Massachusetts law for those of its
employees injured 'in the course of providing services pursuant to this
Agreement through an adequate policy of workers' compensation insurance or
otherwise as an authorized workers' compensation self insurer.
B. Each Member Municipality shall insure against losses that result from
personal injury, death and property damage through an adequate Commercial
or other General Liability Insurance policy or otherwise as a self-insurer for
such losses as are typically covered by such policies.
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6. Records! Financial Statements/Inspection Rights.
A. Each Member Municipality shall maintain accurate and comprehensive records
for the services performed, costs incurred, and reimbursements received in
accordance with the Animal Control Services provided under this Agreement.
B. Upon no less than five (5) days prior notice, either Member Municipality or its
authorized representatives shall have the right, at its expense, to inspect, audit,
and copy as reasonably necessary, all records maintained by such other
Member Municipality pursuant to Section 3(A) hereof.
C. Either Member Municipality, at any time during the term of this Agreement, may
request such other Member Municipality to produce an unaudited financial
statement regarding the expenses incurred pursuant to such Member
Municipality's performance of its obligations under this Agreement, which such
other Member Municipality shall produce within a commercially reasonable
period of time.
7. Term and Termination. The term of this Agreement will commence on the Effective Date
and shall continue for one (1) year thereafter; unless or until terminated by either Member
Municipality as permitted hereunder. The term of this Agreement may automatically renew
for successive one (1) year terms unless either Member Municipality provide notice to such
other Member MuQLcip
.ality, of-,such Member Munitipality's intent for the Agreement not-to
,,jpnew,-,which notice shall be rovided no later than sixty (60) days prior to the expiration of
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a ny such one (11) year termf,UtWitffs-f—an—d i-ffgltff4�lf6r—ej—oiF,�-gl�6ith,�&^r;Mi�mbLe,4Mu nicipalityp�a
Q7 ause and for such,Memb
erminate this Agreeme'nt without r
,,,,,elrv.-M,ujnicip'alit�y�si�co!oenie .
ai and'such Agre
ement'" all t6rm
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8. Ownership of Equipment and Documentation. All equipment, documentation and
personnel provided by each Member Municipality in connection with this Agreement shall
remain the sale property or personnel of such Member Municipality. If any such property is
in the possession of the other party or a third party at termination of this Agreement, such
property shall be returned to such Member Municipality.
9. Animdl Control Services Procedures. Procedures for the provision of Animal Control
Services by each Member Municipality shall be as set forth in Exhibit A hereof. In the case of
any conflict in the terms of the procedures set forth in Exhibit A and the Standard Operating
Guidelines and Procedures, the terms of the Standard Operating Guidelines and Procedures
shall prevail.
10. Severability. If any part of any provision of this Agreement is invalid or unenforceable
under applicable law, the provision shall be ineffective only to the extent
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of such invalidity or unenforceability without in any way affecting the remaining parts of the
provision or this Agreement.
City of Westfield
B Date:- 2007
Mayor
Date- 2007
Chief of Police
Date: 2007
X
�Anim�alCo�ntrol�Officer
Approved as to form
ty Solicitor
Town of Agawam
Date: 2007
By:_ -opk L,!�2
Mayor
By: Date: a�k; 2007
Wi�iofpoli—ce-,-
B Date: 61Y le�7 1,o97 2007 ,
A n; i
Exhibit A
1. At the scene, the responsibility for animal control belongs to the respective Senior
Animal Control Officer for the affected Member Municipality. As the incident
overwhelms the initial responding Senior Animal Control Officer, that agency would
expand operational procedures and activate this Agreement.
2. The Senior Animal Control Officer from the Supporting Municipality shall remain in
command of his department's personnel, but he/she will report to the Senior Animal
Control Officer from the Requesting Municipality.
3 If there is sufficient time, the Senior Animal Control Officer from the Requesting
Municipality shall contact the Senior Animal Control Officer from the Supporting
Municipality and notify him/her of the amount and type of equipment and personnel
specifically needed, and shall specify the location to which the equipment and
personnel will be staged. If not notified in time, the Animal Control from the
Supporting Municipality should respond to the incident scene with whatever
equipment their department normally maintains.
4. A Supporting Municipality animal control department shall be released by the
Requesting Municipality animal control department when the services of the
supporting department are no longer required or when the supporting department is
needed within the area for which it normally provides Animal Control Services.
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TR-2011-19
A RESOLUTION REGARDING THE APPRovAL OF AN INTER-MUNICIPAL SHELTER LEASE
AGREEMENT REGARDING ANIMAL CONTROL BETWEEN WEST SPRINGFIELD,WESTFIELD,
AND THE TOWN OF AGAWAM
SPONSORED BY MAYOR RICHARD COHEN
WHEREAS, the Town does not have its own facility to house or impound
dogs that are picked up on animal complaints;
WHEREAS, animal control ordinances are essential to addressing the health
concerns that unlicensed and dangerous dogs present to the community;
WHEREAS, the cities of West Springfield and Westfield share the same
concerns regarding unlicensed, unregistered and potentially dangerous dogs;
WHEREAS, cooperation with other municipalities would save the Town of
Agawam resources and provide services immediately;
WHEREAS, an Inter-municipal Shelter Lease Agreement has been negotiated
and prepared between the cities of West Springfield, Westfield, and the Town of
Agawam;
WHEREAS, current facilities will no longer be available for the Town of
Agawam's use;
NOW THEREFORE, the Agawam City Council hereby resolves to approve the
Inter-municipal Shelter Lease Agreement between the Agawam, West Springfield and
Westfield.
DATED THIS DAY OF 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL
W Donald M. eault, President
aIdeaulot, Pr,,
M'
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PR VE AS TO FORM AND LEGALITY
Vincen't'lF. Gioscia, Solicitor
City of Wes�fleld, Massachusetts
Office of the City Solicitor
59 Court Street
Wesffield, Massachusetts 01085
Tel. (413) 572-6260
Fax: (413) 568-6745
February 16, 2011
Mayor Richard Cohen
City of Agawam
36 Main Street
Agawam, MA 01001
RE: Intermunicipal Agreement
Dear Mayor Cohen:
Enclosed please. find a draft copy .of the Intermunicipal
Agreement between the City of Westfield, Town of Agawam and Town
of WestlSpringfield for your review and comments..
very truly yours,
Robyn Gay
Legal Secretary
/rlg
Enclosure
INTERMUNICIPAL AGREEMENT
AGREENENT made this day of 2011, by and
between the CITY OF WESTFIELD, a municipal corporation within the County of Hampden,
Commonwealth of Massachusetts, acting by its Mayor, with the approval of the City Council
(hereinafter referred to as "Westfield"), the TOWN OF AGAWAM, a municipal corporation
within the County of Hampden, Conunonwealth of Massachusetts, acting by and through its
Town Council with the approval of the 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"), all under the authority of-Massachusetts
General Laws, Chapter 40, Section 4A,
WHEREAS, Westfield, Agawarn and West Spring-field have determined that they share a
need for certain animal control services; and
WIJEREAS, Westfield, Agawam and West Springfield have determined that the sharing
of the cost of certain services would be beneficial to each municipality; and
WHEREAS, Westfield has site control over a dog shelter located in Westfield available
to house canines and desires to offer certain services, including housing of canines, to Agawam
and West Springfield; and
WHEREAS, this agreement shall provide for the'terms, conditions and liabilities of the.
parties with respect to the use of the Westfield Animal Shelter(WAS), including but not limited
to, terms of cooperation and obligations of each municipality.
WHEREAS, the City and Town Councils, with the approval of the Mayor of each
-municipality, agree to enter into this agreement in accordance with the provisions of M.G.L.
c.40, §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.Westfield, Agawam and West Springfield or their respective
designees will be the munlicipalities' representatives to oversee this Agreement. The
approval of each municipality's legislative body shall be required to arnend this
Agreement.
2. Any privileges and immunities from liability and exemptions from laws, bylaws,
ordinances or regulations that animal control officers employed by any of the parties
hereto in their own jurisdictions, shall be effective in the jurisdiction in wh&h they
are giving assistance unless otherwise prohibited by law.
I Upon execution of this agreement and continuing for the term of the lease between
Westfield and Lawry Realty, LLC, attached as Exhibit A, Westfield shall provide
shelter for canines needing shelter after being picked up by the animal control officer
(ACO) for either West Springfield or Agawam. The current term of Westfield's lease
with Lawry Realty, LLC, ends December 31,2015,with Westfield's right to exercise
three (3) additional twenty-four (24) month options. Should either Agawam or West
Springfield desire to terminate this agreement, they shall give sixty (60) days written
notice to Westfield.
4. Upon execution of this agreement, Agawam and West Springfield shall each pay
Westfield the sum of Nine Thousand Seven Hundred Eight ($9,708.00) Dollars,
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which represents the agreed-upon build out costs for improvements necessary for the
increased canine population at the WAS. Agawam and West Springfield shall pay the
sum of Ei-ht Hundred Seventy-Five ($875.00)Dollars monthly for rent and utilities,
divided as follows:
a Seven Hundred Thirty-Five ($735,00) Dollars rental; and
* One Hundred Forty ($140,00)Dollars utility charge.
5. Westfield shall provide all necessary and appropriate training to the ACO for
Agawam and West Springfield in order for those persons to process any canine to be
housed at the WAS. Processing shall include completing certain data entry and other
elements as may be determined by Westfield. The Agawam and West Springfield
ACO shall be provided access to the WAS twenty-four hours per day, seven days per
week.
6, The parties agree to the-following protocol for all canines entering the shelter.
a.) Each canine will be given a Canine Distemper Adenovirus Type 2 —
Parainfluenza—Parvovirus vaccine;
b.) Each canine will be given a Bordetella Bronchiseptica vaccine and a flea
treatment;
c.) Payment for the services in "a" and "b" above shall be the responsibility of the
canine owner and paid to Westfield upon retrieval of the animal. Should the
canine not be retrieved, these costs shall be paid by the respective community.
Westfield shall bill Agawarn and West Springfield monthly, itemizing
services provided. The current cost of these services is as follows:
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• Bordetella $22.85
• Distemper/Parvo $23.40
• Flea Treatment $24.86
Westfield shall inform Agawarn and West Springfield of any change in these
charges, which represent the retail cost to Westfield. Each community shall
be responsible for the current actual charge to Westfield.
d.) Any canine housed at the WAS that does not display proof of rabies
vaccination will be vaccinated while housed at the WAS. This cost, currently
$75.00, will be the responsibility of the owner upon retrieval or Agawam
and/or West Springfield if not retrieved. Westfield shall bill Agawam and
West Springfield as outlined in (c) above-and will notify each community
should the charge to Westfield by its veterinarian changes. Should a canine be
so vaccinated, the owner shall be responsible for acquiring the paperwork
from Westfield and having the canine licensed in Agawam or West
Springfield prior to its release to the owrier. Should any canine be vaccinated
and the fee not paid by the owner of the dog, the respective community from
which the animal originated shall incur the cost, which will be billed monthly
to each community by Westfield.
e.) At the end of the ten (10) day mandatory quarantine period, should a dog not
be claimed by its owner and if the Westfield ACO determines that the dog is
suitable for adoption, the dog will transfer into the Westfield Animal Shelter
Adoption Program and all boarding fees to Agawam and West Springfield
shall end.
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If a dog is determined not to be adoptable, in the sole determination of the
Westfield ACO, it shall become the responsibility of each town to dispose of
that dog and bear all costs associated with the dog.
g.) Boarding fees shall be paid to the WAS at the rate of Fifteen ($15.00) dollars
per day or any part thereof. Payment by owners retrieving a dog shall be
made directly to the WAS prior to the dogs release. Payment shall be cash or
certified check. Boarding fees attributable to each town shall be billed
monthly by Westfield which will include an individual tracking number for
each dog.
h.) If determined that a dog is in need of immediate medical attention, the
Westfield ACO shall contact the Agawam and West Springfield ACO who
shall immediately provide for the required veterinary services and be fully
responsible for the cost of such veterinary services. Should the Westfield
ACO not be able to contact the towns ACO, the dog shall be taken to
Westfield veterinarian, currently the-Montgomery Animal Hospital, and the
town from which the dog originated shall be responsible for payment directly
to Montgomery Animal Hospital.
C>
i.) Dogs left at the WAS shall be left with water and a blanket and the Agawam
and West Springfield ACO shall provide the Westfield ACO with any
information regarding the location of the dogs owner.
7. Nothino, contained in any agreement entered into by Agawam, West Springfield and
Westfield shall be construed to alter, amend or modify the existing agreement
between Agawam and West Springfield for Animal control services.
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8. During any period that the Agawam and West Springfield ACO is in the City of
Westfield that ACO shall not be considered an employee of Westfield and any rights
and benefits accruing to the ACO shall be pursuant to the agreemenf between
Agawam and West Springfield for Animal Control Services.
9. Each community will be responsible for payment of its legal fees for ahy court
appearance by its legal counsel as a result of enforcement actions taken by the ACO
of each community.
10. Each part to this Agreement shall waive any and all claims against the other party
herein, which may arise out of their activities outside their respective jurisdictions
while rendering services as provided for in tMs Agreement.
11. Neither one of the communities shall assign or transfer their respective interests in
this agreement without prior written approval of other communities thereto, which
shall not be unreasonably refused or delayed.
12. The WAS and Westfield ACO shall perform their respective obligations under this
agreement in a good workman like and professional manner.
13. Should the current Intermunicipal Agreement between Agawam and Westfield be
modified, amended or revoked, Agawam and West Springfield shall inunediately
notify Westfield. Neither community shall take any action which in any way alters or
modifies its obligations to the City of Westfield under this agreement.
14. During the performance of this agreement, Agawam, West Springfield and Westfield
agree as follows:
a) In the performance of this agreement, the communities will not discriminate
against any person because of race, color, religion, sex, sexual orientation,
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disability, family status or national origin. The communities will take
affirmative action to ensure that all persons to.whom services are provided
under this Agreement are treated without regard to their race, color, religion,
sex, sexual orientation, disability, fami.1y status or national origin,
b) In the event of any communities' non-compliance with the non-discrimination
clauses of the Agreement, this agreement may be cancelled', terminated or
suspended.
15. The laws of the Commonwealth of Massachusetts shall govern the validity,
interpretation, construction and performance of this agreement.
By: BY:
Daniel Knapik, Mayor of Westfield Richard Cohen, Mayor of Agawam
By-
Edward Gibson, Mayor of West Springfield
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