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HomeMy WebLinkAboutR-2025-064 Resolution approving an agreement with the Yakima Humane Society for animal sheltering servicesRESOLUTION NO. R-2025-064 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a contract between the City of Yakima and the Yakima Humane Society, a non- profit corporation. WHEREAS, the Humane Society operates an animal shelter to shelter dogs and cats impounded by the City; and WHEREAS, the cost of impoundment and other services to the City shall be paid on a per animal basis, and WHEREAS, the accumulative costs of such services could exceed one -hundred thousand dollars in a calendar year, and WHEREAS, due to the possible cost, the City Administrative Code requires the approval of the City Council to enter into this contract, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to sign the attached and incorporated Interagency Agreement between the City of Yakima and the Yakima Humane Society. ADOPTED BY THE CITY COUNCIL this 1st day of April, 2025. tlinda Ibarra, City`'Clerk ANIMAL SHELTERING SERVICES AGREEMENT This agreement is made and entered into by and between the CITY OF YAKIMA, a Washington municipal corporation (hereinafter the "City") and the YAKIMA HUMANE SOCIETY, a non-profit corporation (hereinafter the Humane Society). WHEREAS, the Humane Society operates an animal shelter to shelter dogs and cats impounded by the City's Officers; and WHEREAS, the City of Yakima requires the use of an animal shelter to shelter animals impounded by the City's Officers; and WHEREAS, the City has previously contracted with the Humane Society for the boarding of impounded animals and other services at the Humane Society's animal shelter; and WHEREAS, the Humane Society is willing to continue providing said animal shelter services to the City in accordance with the terms and conditions of this Agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a contract for continued animal shelter services in accordance with the terms and conditions of the attached agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Humane Society as follows: 1. Animal Shelter Services a. Impounded Animals. On delivery by the City, the Humane Society shall board all animals impounded by the City's officers at its animal shelter located at 2405 West Birchfield Road. The Humane Society shall keep accurate records of all animals impounded by the City's officers that are delivered to its animal shelter. The Humane Society shall keep records of all animals impounded, the date delivered to the animal shelter, the number of days impounded, the date of release, and/or the date euthanized. It is anticipated that the City will impound approximately 35 dogs per month. b. Stray Animals. The Humane Society shall keep accurate records of all stray animals picked up by the City within the City limits and delivered to its animal shelter. c. Owner Surrendered Animals. The Humane Society shall also keep accurate records on all owner -surrendered animals accepted at its animal shelter and originating within the City limits. Pets surrendered by owner must be processed directly to the Humane Society by shelter staff and will not be accept from city officers. The surrender fee will be the responsibility of the pets owner and not the city. d. Unclaimed Animals. Unclaimed animals shall become the property of the Humane Society. Dogs without any form of ID (License, ID Tag, Microchip etc.) will be held for three (3) days. Cats without any form of ID have no hold period. All animals with some form of ID (license, ID Tag, microchip etc.) will be held for five (5) days. e. Disposal of Dead Animals. Upon Delivery by the City, the Humane Society shall properly dispose of all dead animals (dog and/or cat) picked up by City Officers. City personnel adequately trained and certified in euthanasia may utilize Humane Society facilities, equipment and supplies for euthanasia of animals when deemed appropriate by the City. Those costs are factored into the costs paid for disposal of dead animals. f. Redemption of Animals. The owner of any redeemed animal shall be responsible for the YHS fees for such animal. The City shall not be responsible to the Humane Society for any fee in connection with a redeemed animal. The Humane Society shall not be responsible for the collection of any City fees or licensing requirements expected of the pet owner. g. Treatment of Animals. The Humane Society shall, at all times, both during and after the impound period, treat animals delivered by the City to its animal shelter in a humane manner. The Humane Society may euthanize, in a humane manner, any animal delivered to its animal shelter by the City, which obviously has a contagious disease, is so injured that it cannot be helped with medical treatment or is otherwise unadoptable due to behavioral issues. h. Record Retention. The records relating to this Agreement must be made available to the City. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records related to this Agreement must be retained by the Humane Society for a minimum of 6 years after the end date or termination of this Agreement. The records shall at all times be subject to inspection by and with the approval of the City, and will be provided to the City upon the city's request. This Section shall survive the termination of this Agreement. Legal Holds. City officers will notify the Humane Society of hold extensions caused by the City that are beyond the time determined at the time of delivery of the animal to the Humane Society animal shelter. j. Maximum Number of Impounded and Stray Animals Per Month. The City will be allotted a maximum of (45) forty-five animals per month that can be dropped off at the Humane Society. In the event a maximum number is not reached in a given month, the excess amount cannot be carried over to the following month. 2, City Representative a. Upon delivery of impounded animals to the Humane Society animal shelter, a City Representative will complete a form provided by the Humane Society that describes the status of the animal, the location where the animal was picked up, the animal owner's name and contact information (if known), the required duration of the hold (if applicable), and other information deemed necessary by the Humane Society for animal intake. 3. Consideration. a. Effective January 1, 2025, the City of Yakima agrees to compensate the Humane Society a total of two hundred seventy-five ($275) for each animal impounded by City Officers. This amount is inclusive of all costs and fees associated with the impoundment of the animal, including but not limited to medical costs and legal holds. Invoices over 30 days outstanding will be assessed a 3% late fee for each month outstanding. b. In no event shall the City be charged or responsible for owner surrendered animals or stray animals brought to the Humane Society by someone other than a City employee acting on behalf of the City. 4. Term of Agreement. The term of this agreement shall commence on January 1, 2025 and shall continue until December 31, 2026, unless terminated as outlined in this Agreement. 5. Status of Humane Society. The Humane Society and the City understand and expressly agree that the Humane Society is an independent contractor in the performance of each and every part of this Agreement. The Humane Society and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 6. Taxes and Assessments. The Humane Society shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement, the Humane Society shall pay the same before it becomes due. 7, Nondiscrimination Provision. During the performance of this Agreement, the Humane Society shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 8. Compliance with Law. The Humane Society agrees to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local or otherwise. 9. No Insurance. It is understood that the City does not maintain liability insurance for the Humane Society and/or its employees. 10. No Conflict of Interest. The Humane Society represents that neither it nor its board members or employees have any interest and shall not hereafter acquire an interest, direct or indirect, which would conflict in any manner of degree with the performance of this Agreement. The Humane Society further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 11. Indemnification and Hold Harmless. The Humane Society agrees to release, protect, defend, indemnify, exonerate, and hold harmless the City, its elected and appointed officials, agents, officers, employees, attorneys, and volunteers (hereafter "parties protected") from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs and expenses (including legal fees, costs, and disbursements) for, and arising out of, or related to any actual or alleged death, injury, damage or destruction to any person of any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default, or omission (whether intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting from, arising out of, or related to the Humane Society's provision of services, work or materials pursuant to this Agreement. 12. Humane Society Insurance. At all times during the term of this Agreement, or obligations under this Agreement, the Humane Society shall secure and maintain in effect insurance to protect the City and the Humane Society from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. The Humane Society shall provide and maintain in force insurance in limits no less than those stated below, as applicable. If the Humane Society carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements, and the City shall be named as an additional insured for such higher limits. Failure of the City to demand such verification of coverage with these insurance requirements or failure of the City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of the Humane Society's obligation to maintain such insurance. (a) Commercial Liability. On or before the date this Agreement is executed, the Humane Society shall provide the City with a certificate or insurance and endorsement as proof of liability insurance in the amount of Two Million Dollars ($2,000,000.00) that clearly states who the provider is , the amount of coverage, the policy number, and when the policy and the provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and covers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected and appointed officials, officers, agents, employees, and volunteers as additional insured's and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. (b) Worker's Compensation. The Humane Society agrees to pay all premiums provided for by the Worker's Compensation Act of the State of Washington. Evidence of the Humane Society's workers' compensation coverage will be furnished to the City. The Humane Society holds the City harmless for any injury or death to the Humane Society's employees while performing this Agreement. (c) Umbrella policy. The Humane Society shall provide the City with a certificate of insurance and endorsement as proof of an umbrella insurance policy with a total minimum liability limit of One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall continue in effect for the duration of the Agreement. The policy shall name the City, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability or any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The Humane Society's insurance coverage shall be primary insurance with respect to those who are additional insureds under this Agreement, and any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Humane Society's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by the Humane Society's insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 13. Delegation of Services. The services provided for herein shall be performed by the Humane Society, and no other person other than regular associates or employees of the Humane Society shall be engaged upon such work or services except upon written approval of City. 14. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Humane Society to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Humane Society as stated herein. 15. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 16. Integration. This written document constitutes the entire agreement between the City and the Humane Society. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. This Agreement supersedes any and all previous agreements between the parties. 17. Non -Waiver. The Waiver by the Humane Society or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 18. Termination for Cause. In the event that either party breaches or defaults with respect to any of its duties, obligations and conditions of this Agreement, the other party shall be entitled to terminate this Agreement by providing the preaching/defaulting party with a written termination notice sixty (60) calendar days in advance of the effective termination date. The notice shall describe how the other party is in breach/default of this Agreement. The preaching/defaulting party shall have the right to cure such breach/default during the sixty (60) day notice period. 19. Modification or Termination of Agreement. If either party desire to change/modify or terminate this Agreement without cause or for convenience, such party shall give written notice to the other sixty (60) calendar days in advance of the effective modification/termination date. 20. Feral Cats. This contract does not include services for feral or community cats. a. Definition: Feral cats are free roaming cats that are not owned and are unable to touch. Community cats are unowned cats that live outdoors in the community. They may be friendly but have no owners. 21< Animal Drop-off Times: There is no on -call service; meaning City Officers can drop off animals at the shelter between 8 AM-5 PM, seven days a week. Holiday drop off times are 8 AM-12 PM. The City shall receive after-hours access to the YHS adoption center with an access code provided for Community Service Officers. This access must be issued by a YHS director and is not transferable to any other Yakima City personnel. 22. Notices. Unless stated otherwise here, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: TO CITY: TO HUMANE SOCIETY: City of Yakima 129 North 2nd St Yakima, WA 98901 Yakima Humane Society 2405 W. Birchfield Road Yakima, WA 98901 or to other such addresses as the parties may hereafter designate in writing. Notice and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 1. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 2. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 3. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. EXECUTED this 1st Day of January, 2025 Contract Number: pwo?S-OS 2 Resolution Number: ./Q—ada5 — 1)1°4 YAKIMA HUMANE S ETY By: Kelli Peal, Director of Shelter Operations BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.C. For Meeting of: April 1, 2025 ITEM TITLE: Resolution approving an agreement with the Yakima Humane Society for animal sheltering services SUBMITTED BY: Lt. Tory Adams, Yakima Police Department *Lt. Jacob Lancaster, Yakima Police Department SUMMARY EXPLANATION: Authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Humane Society, a non-profit corporation for general services for the boarding of animals impounded by City Officers for 2025-2026. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution 2025-2026 Humane Society Animal Sheltering Agreement.pdf 111