The URL can be used to link to this page

Home My WebLink About12/06/2016 06J 2017 Animal Control Agreement with the Yakima Humane SocietyBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.J. For Meeting of: December 6, 2016 ITEM TITLE: Resolution authorizing contract renewal for 2017 animal control services with the Yakima Humane Society SUBMITTED BY: Joan Davenport, Community Development Director Joe Caruso, Code Administration Manager SUMMARY EXPLANATION: This is a resolution authorizing and directing the City Manager to execute an agreement with the Yakima Humane Society to perform general services and for the boarding of animals impounded by the City of Yakima's Animal Control Officers. The contract also supplies three Animal Control Officers from the Yakima Humane Society in accordance with the terms and conditions of the agreement. The maximum contract value is $256,420; the same amount as the 2016 contract. ITEM BUDGETED: STRATEGIC PRIORITY: Yes Public Safety APPROVED FORcl*� SUBMITTAL: ~-City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Resolution for 2017 Humane Society contract 111112016 Resolution D 2017 Humane Society Contract 111112016 Contract RESOLUTION NO. A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Animal Control Agreement with the Yakima Humane Society for the year 2017 WHEREAS, the Humane Society operates an animal shelter and is engaged in performing the general services of the Humane Society within the County of Yakima, Washington; and WHEREAS, the City of Yakima requires the use of an animal shelter to shelter animals impounded by the City's Animal Control 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 of Yakima requires the Humane Society to contractually provides three employees to perform the duties of an Animal Control Officer for the City of Yakima; and WHEREAS, the Humane Society is willing to provide an Animal Control Officer employee 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 and three Animal Control Officers with the Humane Society, in accordance with the terms and conditions of the attached agreement for years 2017 now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Animal Control Agreement" with the Yakima Humane Society, a nonprofit organization, for animal shelter and Animal Control Officer services. ADOPTED BY THE CITY COUNCIL this day of 12016. ATTEST: Sonya Claar — Tee, City Clerk Kathy Coffey, Mayor THIS AGREEMENT ismade and entered into byand between the CITY ()FYAK|K4/,aWashington municipal corporation (hereinafter the "City") and the YAK|MA HUMANE SOCIETY, a nonprofit corporation, (hereinafter the "Humane Society"). WHEREAS, the Humane Society operates an animal shelter and is engaged in performing the general services of the Humane Society within the County of Yakima, Washington; and WHEREAS, the City of Yakima requires the use of an animal shelter to shelter animals impounded by the City's Animal Control 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 iswilling tocontinue providing said animal shelter services tothe City inaccordance with the terms and conditions ofthis Agreement; and WHEREAS, the City of Yakima requires the Humane Society to contractually provide an employee toperform the duties ofanAnimal Control Officer for the City ofYakima; and WHEREAS, the Humane Society is willing to provide Animal Control Officer employees to the City inaccordance with the terms and conditions ofthis 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 and an Animal Control Officer with the Humane Society, in accordance with the terms and conditions ofthe 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 The Humane Society shall keep accurate records of all animals impounded by the City's Animal Control officers that are delivered to its animal shelter. The Humane Society shall submit a monthly report of all talkn? red to the animal shelter, the number of days im��, the date of release, and/or the date put to death. b. Stray Animals. The Humane Society shall also keep accurate records of all stray animals picked up 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. ill d. Unclaimed Animals, Unclaimed animals impounded by the City and delivered to the ?-min2l sWter sk2ll �,ecilue t�e Xr4Xerty#f tXe 54um,?Ae Stciety. All tvgs-vlit�#Yt ?.Ay ftirmiFf 11 (LiceAse, ID Tag, Microchip etc.) will be held for three (3) days. All dogs with some form of ID (license, ID Tag, microchip etc.) will be held for five (5) days excluding Sundays and major holidays e. Distosal of Dead Ahimals. Upon delivery by the City, the Humane Society shall properly iispose of all dead animals (dogs, cats, and other animals of similar size) picked up by the City's Animal Control officers. The Humane Society shall provide a means of proper disposal for these dead animals at no additional cost to the City. f. The owner of any redeemed animal shall be responsible for the boarding charges for such animal. The City shall not be responsible to the Humane Society for any fee in connection with a redeemed animal. 9. Collection of Foq�jFihe�. The Humane Society shall collect from the owner of any redeemed animal the appropriate license fees and such amounts of money required by City law. The Humane Society shall not release an unlicensed animal to an owner that resides within the City until a tha *-a-r t4l 8 City, and the license tag delivered to the animal owner. The Humane Society shall remit such collected license fees, fines and other amounts to the City once a month with billing. The Humane Society agrees to furnish the City a bond in the amount of Twenty -Five fines, and other moneys on behalf of the City. h. I-reatment 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 Hump t 1.2' fViq"e� 4* )8 2,AT,2**TZA�� ;I*n City which obviously has a contagious disease or so injured that it cannot be helped with medical treatment. L Forms and Costs of Ptjqft. The City will furnish to the Humane Society, or pay the cost of printing, all forms used in supplying statistics for its records. i. Animal Control Officers. The Humane Society shall provide three (3) Animal Control Officers to perform the duties set forth in Section 2 below. Such Animal Control Officers shall be deemed for all purposes to be employees of the Humane Society and not employees of the City. a. Each Officer shall respond to, and initiate investigation of complaints, gather evidence statements and photographs, issue necessary citations, compile reports and appear in Municipal Court as needed. b. Each Officer shall patrol within designated areas, picking up dead, injured, stray, abandoned and/or unlicensed animals, as appropriate. c. Officers will work a five (5) day forty (40) hour workweek from Monday through Friday and Wednesday through Sunday within an assigned area including coverage on the Greenway Foundation property. Hours will be assigned by the City of Yakima in a manner allowing the ability to assist other Animal Control Officers outside of the assigned area. d. The officer will respond to after hour call -outs for containment of vicious animals, tending to sick or injured animals and/or as requested by the Yakima Police Department for canine p ups during police actions. "After hour call -outs" are calls for service occurring outside the regular daily work schedule of the responding Animal Control Officer. The city agrees to compensate the Humane Society an additional $10 a day with a minimum of $300.00 per month for the additional after hours coverage plus a $25.00 charge for each callout (regardless of duration). MrTarT,- =,IT?—,MUZTt7*rT leierl TrTM-a(rf Eighty Six Thousand Eight Hundred Twenty Dollars ($86,820.00) for Housing Services of the animals Effective January 1, 2017, the City Of Yakima agrees to compensate the Humane Society a total of Thirteen Thousand Five Hundred Dollars ($13,500.00) per month for three Animal Control Officers with an annual amount of One Hundred Sixty Two Thousand Dollars ($162,000.00) retained by Humane Society pursuant to this Agreement. Total cost of the contract for 2017 is $256,420 Five Dollar ($5.00) agent fee for the sale of each City dog license sold at the animal shelter. This agent fee shall not be included in the cost of the dog license fee. Tetni of Agre0ment. The term of this Agreement shall commence on January 1, 2017, and shall eu-AOr�*fnaV�a"*? Asp�rpa unless either party gives the other written notice not later than July 31st of any year of its desire to terminate this Agreement. Such termination may be without cause and shall be effective on the last day of December of the year of such notice, and payments by the City for the months of August through December of that year shall be at the rates applicable to the existing agreement. Additionally, either party has the right to terminate this Agreement for cause in accordance with Section 19 of this Agreement. 5. Status of Humane Socie . 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, 0 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 resul.i of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Humane Society shall pay the same before it becomes due. 7. Nondistri[rhination PrdVisiom During the performance of this Agreement, the Humane Society shall not discriminate in violation of am��_,Iicable federal state anJW#ia�emw.ds �.-=#,r Agyfl,21,c- *T-� tiT=- basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any oLher classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment I advertisine, lavoff or termination. rates of nav U=R=rms otcompensation, selection Tortraining, and the provision of services underthis Agreement B. _CbmioliAn4d 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 b�L�-, governmental vA%0kAq*;e. 9. No Insurance. It is understood 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 employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or 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. for, arisin,_� out of, or related to anW actual or__a_1lejefW_,4 �_* v,7, tw or 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. On or before the date this Agreement is executed, the Humane Society shall provide the City with a certificate of insurance as proof of liability insurance in the amoun! 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 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 confers 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 officials, officers, agents, and employees 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-VIl or higher in Best's Guide and admitted in the State of Washington 14. Msighment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned Ur 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. 11NME 111TV [its 1041NAIGUIN11#161:44 I 16. Modifitation of AgrOerhen . If either party desires to change or modify this Agreement, such Aaiofisfe t4i Ja4—Yh� #+-wq arti agreement has not been reached by the following January Ist, the Agreement shall terminate on the following March 31st. 17. 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. 18. Non -Waiver. The waiver by the Humane Society or the City of the breach of any provision of this 19. Termination for Cause. In the event that either party breaches or defaults with respect to any of V -Ac Agreement by providing the •. •' party with a written termination notice thirty (30) 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 breaching/defaulting party shall have the right to cure such breach/default during the thirty (30) calendar day notice period. 20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: 0 llll• �' • h � City of Yakima 129 N. 1st Street Yakima, WA 98901 Yakima Humane Society 2415 West NirchfiM, &4at Yakima, WA 98901 tr to such other addresses as the parties may hereafter designate in writing. Notices 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. 21. Survival. Any provision of this Agreement which imposes an obligation after termination or ,xpiration of this Agreement shall survive the term or expiration of this agreement and shall be binding tin the parties to this Agreement. 22. GovOrnigg Law. This Agreement shall be governed by and construed in accordance with the laws -i,f the State of Washington. 23. 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 — day of i2016. AICK-OTAMITIff I MT By: Cliff Moore MILE= Sonya Claar Tee, City Clerk Contract No. Resolution No. 0 a nonprofit corporation Pon, 5sm