TR-2016-6 INTER-MUNICIPAL ANIMAL CONTROL SHELTER WITH SOUTHWICK rr��ef-�1�,c,4��rc� cwrna4�:
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TR 201fr-t—
A RESOLUTION REGARDING THE APPROVAL OF AN INrER-mumoPAL ANIMAL CONTROL
SHELTER BETWEEN THE TowN OF SoumwlcK 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,cooperation with other municipalities would save the Town of
Agawam resources and provide services immediately;
WHEREAS,the current agreement with the City of Westfield will expire at
the end of January; and
WHEREAS,the proposed renewal with the City of Westfield has significant
cost increases; and
WHEREAS, an Inter-municipal Shelter Lease Agreement has been negotiated
and prepared between the Town of Southwick and the Town of Agawam;
WHEREAS, the proposed agreement with the Town of Southwick presents a
savings to the Town of Agawam; and
NOW THEREFORE, the Agawam City Council hereby resolves to approve the
Inter-municipal Shelter Lease Agreement between the Town of Agawam and the
Town of Southwick.
DATED THIS 4 DAY Ol11 6.
PER ORDER OF THE AGAW CITY COUNCIL C�t��C�'. C�
to 1, A&I 0-C. 16:LL
James P. ich ', President
RO TQ LEGALITY FOW AND cc-. '��•
G Vincent F. ioscia, Solicitor
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MAYORAL ACTION
Received this 2nd day of February ,2016 from Council Clerk.
Signed by Council President this I st day of February,2016.
APPROVAL QF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended,I hereby approve the passage of the above legislation on this 2nd day of
February^2016.
_191�
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
2016 for the following reason(s):
Richard A.Cohen,Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this 2nd day of FebnraM 2016.
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INTERMMCIPAL AGREEMENT A G AWA M CITY COUNCIL
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Agreement (hereinafter the "A�eemeat") is made this . , I0E4 FEB - S
day of January, 2016
and between the TOWN OF SOUTEMCK, a municipal corporation within the County of
Hampden, Commonwealth of Massachusetts, acting by and through its Board of Selectmen
(herein refmTed to as "Southwicle) and the TOWN OF AGAWAK a municipal corporation
within the County of Hampden, Commonwealth of Massachusetts, acting by and through, its
Town Council with the approval of its Mayor(herein referred to as "Agawam"and collectively
with Southwick as the"Parties'. ' v'
WHEREAS, Southwick has site control over as Animal Shelter(hereinafter referred tim
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as "Palverari/Southwick Animal Control Facility" (PSACF). The PSACF which is located iSO
Southwick is available to house canines and desires to offer certain services, including housings
of canines,to Agawam;and +
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WHEREAS, Agawam has determined that it is in need for certain Animal Control
services;and
WHMAS, Agawam and Southwick have determined that sharing of costs of certain
services would be beneficial to each municipality;and
WHEREAS, this Agreement shall provide for terms, conditions and liabilities of the
Parties with respect to the use of the Polve wVSouthwick Animal Control Facility (PSACF),
including but not limited to,terms of cooperation and obligations of each municipality.
WHEREAS, the Southwick Board of Selectmen and the Agawam Town Council, with
the approval of its Mayor, agree to enter into this Agreement in accordance with the provisions
of M.G.L.,Chapter 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
INTER1fIU1VlIC'IIPAL AGREEMENT A G AW M CITY COUNCIL
10f b FEB
Agreement (hereinafter the "Agreement") i. made this g day of January—q, 2016P S
and between the TOWN OF SOUTEMCK, it municipal corporation within the County of
Hampden, Commonwealth of Massachusetts, acting by and through its Board of Sdxbnen
(herein referred to as "Southwicl'7 and the TOWN OF AGAWAK a municipal corporafion
within the County of Hampden, Commonwealth of Massachusetts, acting by and through its 5(6.p
Town Council with the approval of its Mayor(herein ref=cd to as "Agawam"and collectively
with Southwick as dw"Parties"). '
WHEREAS, Southwick has site control over an Animal Shelter(hereinafter referred W
as `PblveraWSouthwick Animal Control Facility" (PSACF). The PSACF which is located if v �+
Southwick is available to holme canines and desires to o$'er certain services, including housings :_,`
of canines,to Agawam;and
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WHEREAS, Agawi r l` n Animal Control
services;and
WHEREAS, Agaw �- `� -�-� of costs of certain
services would be beneficia
WHEREAS, this 1 l � ad liabilities of the
Parties with respect to the l Facility {PSACF},
including but not limited tc aicipft-
WHEREAS, the Southwick Board of Selectmen and the Agawam Town Council, with
the approval of its Mayor, agree to enter into this Agreement in accordance with the provisions
of M.C.L.,Chapter 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:
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1. Governance
The Southwick Board of Selectmen and the Agawam Town Council with the approval of their
Mayor or their respective designees will be the representatives of each municipality to oversee
this Agreement.The approval of each municipality's governing body shall be required to amend
this Agreement.
2. Reciprocal Mvilege 4mmunitlles
By the execution of this Agreement,the Pardes agree tbat any privileges and immunities from
liabilities and/or exemptions from laws,orditumees or regulations which are provided to Animal
Control Officers("ACO")employed by either Party herein,the ACO shall be provided the same
privileges and immunities in any jurisdiction which services contemplated to be provided herein
are given, unless otherwise prohibited by lave.
3. Canine Sheher
Upon the execution of this Agreement Southwick shall provide shelter for any and all canines
in need of shelter after being picked up by the Animal Control Officer(ACO)of Agawam.
4. Service Fee
Upon execution of this Agreement,Agawam shall pay Southwick the such of Ten Tbousand and
00/100 ($10,000.00) Dollars annually, said payments being made on a monthly basis in the
amount of Eight Hundred Thirty-Three Dollars ($833A0). The first monthly payment shall be
tendered upon the execution of this Agreement and paid on the same day of each month
thereafter until the termination daze. Any extensions or amendments to said Agreement will be
mutually negotiated and agreed to by the Parties and reduced to writing.
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5. Tmining
Southwick shall provide all necessary and appropriate training to the.ACO from Agawam in
order for the Agawam ACO to process any canine to be housed at the PSACF. Processing shall
include completing certain data entry and other elements as may be determined by Southwick
The Agawam ACO shall be provided access to the PSACF Twenty-four(24)hours per day,seven
(7)days per week.
6. AdnmirdshstiordProtocol
The Parties agree to the following protocol for all canines entering the shelter.
a.) Payments for services in sub paragraph b.) below shall be the responsibility of the
canine owner and paid to Southwick upon retrieval of the animal. In the everrt the
canine is not retrieved by the lawful owner, the costs associated with the
aforementioned services shall be paid by Agawam. Southwick shalt bill Agawam
monthly with an itemized invoice for services provided,
b.) Any canine housed at the PSACF that does not display proof of rabies vaccination will
be vaccinated while housed at the PSACF. This cost, currently $75.00, will be the
responsibility of the canine owner upon retrieval or Agawam if not retrieved.
Southwick shall bill Agawam as outlined in sub paragraph a.) above and will notify
Agawam should there be a charge to Southwick by its veterinarian. Should a canine be
so vaccinated, the owner shall be responsible for acquiring the paperwork from
Southwick and having the canine licensed in Agawam prior to its release to the owner.
Should any canine be vaccinated and the fee not paid by the owner of the canine, the
respective community, Agawam, from which the animal originated shall incur the cost,
which will be billed monthly to Agawam by Southwick.
c.) At the end of the Commonwealth of Massachusetts mandated quarantine period,{which
maybe 7 days for strays or 10 days, 45 days or 6 months depending on vaccination
3
history), should a canine not be claimed by its owner and if the Southwick ACO
determines that the canine is suitable for adoption, the canine will transfer into the
Southwick Animal Shelter Adoption Program and all boarding fees to Agawam shall
tenni€we.
d.) if a canine is determined not to be adoptable,in the sole determination of the Southwick
ACO,it shall become the responsibility of each Party to dispose of that canine and bear
all costs associated with the canine.
e.) Boarding fees shall be paid to the PSACF at the rate of fifteen($15.00)dollars per day
or any part thereof. Payment by owners retrieving a canine shall be made directly
to the PSACF prior to the canine being released.Payment shall be cash,or certified
check. Boarding fees attributable to Agawam shall be billed monthly by Southwick
which will include an individual tracking number for each canine.
f.) If determined that a canine is in need of immediate medical attention,the Southwick
ACO shall contact the Agawam ACO who shall immediately provide for the required
veterinary services and be fully responsible for the cost of such veterinary services.
Should the Southwick ACO not be able to contact the Agawam ACO,the canine
shall be taken to the Southwick veterinarian,currently the VCA Southwick Animal
Hospital,and Agawam shall be responsible for payment directly to VCA Southwick
Animal Hospital.
g.) Canines left at the PSACF shall be left with water and a blanket and the
Agawam ACO shall provide the Southwick:ACO with any information regarding the
location of the canines owner.
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7. Conflicts
Nothing contained in any Agreement entered into by Southwick and Agawam shalt be construed
to alter, amend or modify the existing agreement between Southwick and Agawam for Animal
control services,
8. Non-Employee Relationship
During the term of this Agreement, during any period that the Agawam ACO is in the Town of
Southwick, the ACO shall not be considered an employee of Southwick and any rights and
employee benefits accruing to the ACO shall be pursuant to the employment engagement
between Agawam and the ACO for Animal Control Services,
9. Legs!Fees
Agawam will be responsible for payment of legal fees for any court appearance by its legal
counsel as a result of enforcement action taken their ACO. In addition to the foregoing, each
Party shall be responsible for its own legal fees associated with the execution and delivery of this
Agreement.
10. Assignment
Neither of the Parties herein shall assign or transfer their respective interests in this Agreement
without prior written approval of the other Party, which consent shall not be un=onably
withheld.
11. Non-Discrimination Compliance
During the performance of this Agreement,the Parties agree as follows:
a.) In performance of this Agreement, both communities will not discriminate against any
person because of race,color,religion,sex,sexual orientation,disability,family status or
5
national origin. Both Southwick and Agawam 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, family status or
national origin.
b.) In the overt of either communities'non-compliance with the non-discrimination clauses
of the Agreement,this Agreement may be caricelled,terminated or suspended.
12. IndemnWwatioe
The Parties shall in.dernnify and hold each municipality harmless from any actions, suits,
damages or causes of action which may be brought as a result of the negligent sots of the ACO
of either municipality. By way of illustration,Agawam agrees to indemnify and hold-Southwick
harmless from any and all actions, suits,damages or causes of action which arise directly from
the negligent actions and services of the Agawam ACO.
Either party may terminate this Agreement upon sixty(60) days prior written notice to the non.
terminating Party. Any and all obligations of either party, including the payment of outstanding
invoices shall remain in full force and effect and it shall be due and payable upon the effective
termination date.
13. Governing Law
The laws of the Commonwadth of Massachusetts small govern the validity, interprretstiaa,
construction and performance of this Agreement.
By:
Joseph J.D y, Richard A.Cohen,Mayor of Agawam
Southwick Bo Selectmen
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Approved as to fog: Approved as to form:
Kenneth J.Albano Vincent Gioscia,Agawam City Solicitor
Town Counsel
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INTERMUNICIPAL AGREEMENT
Agreement (hereinafter the "Agreement") is made this day of January, 2016 by
and between the TOWN OF SOUTHWICK, a municipal corporation within the County of
Hampden, Commonwealth of Massachusetts, acting by and through its Board of Selectmen
(herein referred to as "Southwick") and the TOWN OF AGAWAM, a municipal corporation
within the County of Hampden, Commonwealth of Massachusetts, acting by and through its
Town Council with the approval of its Mayor (herein referred to as "Agawam" and collectively
with Southwick as the"Parties").
WHEREAS, Southwick has site control over an Animal Shelter (hereinafter referred to
as "Polverari/Southwick Animal Control Facility" (PSACF). The PSACF which is located in
Southwick is available to house canines and desires to offer certain services, including housing
of canines,to Agawam; and
WHEREAS, Agawam has determined that it is in need for certain Animal Control
services; and
WHEREAS, Agawam and Southwick have determined that sharing of costs of certain
services would be beneficial to each municipality; and
WHEREAS, this Agreement shall provide for terms, conditions and liabilities of the
Parties with respect to the use of the Polverari/Southwick Animal Control Facility (PSACF),
including but not limited to,terms of cooperation and obligations of each municipality.
WHEREAS, the Southwick Board of Selectmen and. the Agawam Town Council, with
the approval of its Mayor, agree to enter into this Agreement in accordance with the provisions
of M.G.L.,Chapter 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
1. Governance
The Southwick Board of Selectmen and the Agawam Town Council with the approval of their
Mayor or their respective designees will be the representatives of each municipality to oversee
this Agreement. The approval of each municipality s governing body shall be required to amend
this Agreement.
2. Reciprocal Privileges/Immunities
By the execution of this Agreement, the Parties agree that any privileges and immunities from
liabilities and/or exemptions from laws, ordinances or regulations which are provided to Animal
Control Officers("ACO") employed by either Party herein,the ACO shall be provided the same
privileges and immunities in any jurisdiction which services contemplated to be provided herein
are given,unless otherwise prohibited by law.
3. Canine Shelter
Upon the execution of this Agreement, Southwick shall provide shelter for any and all canines
in need of shelter after being picked up by the Animal Control Officer(ACO) of Agawam.
4. Service Fee
Upon execution of this Agreement, Agawam shall pay Southwick the sum of Ten Thousand and
00/100 ($10,000.00) Dollars annually, said payments being made on a monthly basis in the
amount of Eight Hundred Thirty-Three Dollars ($833.00). The first monthly payment shall be
tendered upon the execution of this Agreement and paid on the same day of each month
thereafter until the termination date. Any extensions or amendments to said Agreement will be
mutually negotiated and agreed to by the Parties and reduced to writing.
2
5. Training
Southwick shall provide all necessary and appropriate training to the ACO from Agawam in
order for the Agawam ACO to process any canine to be housed at the PSACF. Processing shall
include completing certain data entry and other elements as may be determined by Southwick.
The Agawam ACO shall be provided access to the PSACF twenty-four(24)hours per day, seven
(7) days per week,
6. Administration/Protocol
The Parties agree to the following protocol for all canines entering the shelter.
a.) Payments for services in sub paragraph b.) below shall be the responsibility of the
canine owner and paid to Southwick upon retrieval of the animal. In the event the
canine is not retrieved by the lawful owner, the costs associated with the
aforementioned services shall be paid by Agawam. Southwick shall bill Agawam
monthly with an itemized invoice for services provided.
b.) Any canine housed at the PSACF that does not display proof of rabies vaccination will
be vaccinated while housed at the PSACF. This cost, currently $75.00, will be the
responsibility of the canine owner upon retrieval or Agawam if not retrieved.
Southwick shall bill Agawam as outlined in sub paragraph a.) above and will notify
Agawam should there be a charge to Southwick by its veterinarian. Should a canine be
so vaccinated, the owner shall be responsible for acquiring the paperwork from
Southwick and having the canine licensed in Agawam prior to its release to the owner.
Should any canine be vaccinated and the fee not paid by the owner of the canine, the
respective community, Agawam, from which the animal originated shall incur the cost,
which will be billed monthly to Agawam by Southwick.
c.) At the end of the Commonwealth of Massachusetts mandated quarantine period, (which
maybe 7 days for'strays or 10 days, 45 days or 6 months depending on vaccination
3
history), should a canine not be claimed by its owner and if the Southwick ACO
determines that the canine is suitable for adoption, the canine will transfer into the
Southwick Animal Shelter Adoption Program and all boarding fees to Agawam shall
terminate.
d.) If a canine is determined not to be adoptable, in the sole determination of the Southwick
ACO, it shall become the responsibility of each Party to dispose of that canine and bear
all costs associated with the canine.
e.) Boarding fees shall be paid to the PSACF at the rate of fifteen($15.00)dollars per day
or any part thereof. Payment by owners retrieving a canine shall be made directly
to the PSACF prior to the canine being released. Payment shall be cash or certified
check. Boarding fees attributable to Agawam shall be billed monthly by Southwick
which will include an individual tracldng number for each canine.
f.) If determined that a canine is in need of immediate medical attention,the Southwick
ACO shall contact the Agawam ACO who shall immediately provide for the required
veterinary services and be fully responsible for the cost of such veterinary services.
Should the Southwick ACO not be able to contact the Agawam ACO,the canine
shall be taken to the Southwick veterinarian,currently the VCA Southwick Animal
Hospital, and Agawam shall be responsible for payment directly to VCA Southwick
Animal Hospital.
g.) Canines left at the PSACF shall be left with water and a blanket and the
Agawam ACO shall provide the Southwick ACO with any information regarding the
location of the canines owner.
4
7. Conflicts
Nothing contained in any Agreement entered into by Southwick and Agawam shall be construed
to alter, amend or modify the existing agreement between Southwick and Agawam for Animal
control services.
8. Non-Employee Relationship
During the term of this Agreement, during any period that the Agawam ACO is in the Town of
Southwick, the ACO shall not be considered an employee of Southwick and any rights and
employee benefits accruing to the ACO shall be pursuant to the employment engagement
between Agawam and the ACT for Animal Control Services.
9. Legal Fees
Agawam will be responsible for payment of legal fees for any court appearance by its legal
counsel as a result of enforcement action taken their ACO. In addition to the foregoing, each
Party shall be responsible for its own legal fees associated with the execution and delivery of this
Agreement.
10. Assignment
Neither of the Parties herein shall assign or transfer their respective interests in this Agreement
without prior written approval of the other Party, which consent shall not be unreasonably
withheld.
11. Non-Discrimination Compliance
During the performance of this Agreement, the Parties agree as follows:
a.) In performance of this Agreement, both communities will not discriminate against any
person because of race, color,religion, sex,sexual orientation,disability, family status or
5
national origin. Both Southwick and Agawam 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, family status or
national origin.
b.) In the event of either communities' non-compliance with the non-discrimination clauses
of the Agreement,this Agreement may be cancelled,terminated or suspended.
12. Indemnification
The Parties shall indemnify and hold each municipality harmless from any actions, suits,
damages or causes of action which may be brought as a result of the negligent acts of the ACO
of either municipality. By way of illustration,Agawam agrees to indemnify and hold Southwick
harmless from any and all actions, suits, damages or causes of action which arise directly from
the negligent actions and services of the Agawam ACO.
Either party may terminate this Agreement upon sixty(60) days prior written notice to the non-
terminating Party. Any and all obligations of either party, including the payment of outstanding
invoices shall remain in full force and effect and it shall be due and payable upon the effective
termination date.
13. Governing Law
The laws of the Commonwealth of Massachusetts shall govern the validity, interpretation,
construction and performance of this Agreement.
By By:
Joseph J. Deedy,Chairman Richard A. Cohen, Mayor of Agawam
Southwick Board of Selectmen
6
Approved as to form: Approved as to form:
Kenneth J.Albano Vincent Gioscia,Agawam City Solicitor
Town Counsel
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