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Home My WebLink AboutR-2003-158 Humane Society of Central Washington AgreementRESOLUTION NO. R-2003-158 A RESOLUTION authorizing and directing the City Manager to execute an Animal Control Agreement between the City of Yakima and the Humane Society of Central Washington for the provision of animal shelter services. WHEREAS, the Humane Society of Central Washington, a nonprofit organization, hereafter 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 dogs 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 the attached Agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a contract for animal shelter services with the Humane Society of Central Washington, a nonprofit organization, in accordance with the terms and conditions of the attached agreement, 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 Humane Society of Central Washington, a nonprofit organization, for animal shelter services. ADOPTED BY THE CITY COUNCIL this 16th day of December , 2003. ATTEST: City Clerk (Ik)res/ananal control 04 sm ANIMAL CONTROL AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF YAKIMA, a Washington municipal corporation (hereinafter the "City") and the HUMANE SOCIETY OF CENTRAL WASHINGTON, 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 dogs 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. 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 dogs impounded by the City's Animal Control officers at its animal shelter located at 2405 West Birchfield Road. The Humane Society shall keep accurate records of all dogs 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 dogs impounded, the date delivered to the animal shelter, the number of days impounded, 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. The Humane Society shall provide the City with a report as to each such stray animal. The report shall include the name, address, and telephone number of the person delivering the stray animal to the animal shelter and the location where the stray animal was picked up. These reports will be submitted to the City at the time of the monthly billing. 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. These records shall detail the acceptance fee received per animal, the Page 1 of 6 date the animal was accepted, and the name and address of the person delivering the animal to the animal shelter. These reports will be submitted to the City at the time of the monthly billings. d. Unclaimed Animals. Unclaimed animals impounded by the City and delivered to the animal shelter shall become the property of the Humane Society at 9:00 a.m. of the day of any such animal's release from its impounded status according to applicable City law. The proceeds received by the Humane Society from the sale of such released animals shall belong to the Humane Society. e. Disposal of Dead Animals. Upon deliverly by the City, the Humane Society shall properly dispose 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. Redemption of Animals. 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. g. Collection of Fees/Fines. The Humane Society shall collect from the owner of any redeemed animal the appropriate license fees, fines, 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 license has been purchased with the appropriate copies of the license distributed to the owner and the 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 at the time of the monthly billing cycle of the Humane Society. The Humane Society agrees to furnish the City a bond in the amount of Five Thousand Dollars ($5,000.00) for each of those Humane Society employees who perform the collection of license fees, fines, and other moneys on behalf of the City. h. 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 put to death, in a humane manner, any animal delivered to its animal shelter by the City which obviously has a contagious disease or so injured that it cannot be helped with medical treatment. i. Forms and Costs of Printing. The City will furnish to the Humane Society, or pay the cost of printing, all forms used in supplying statistics for its records. 2. Consideration. Effective January 1, 2004, the City agrees to compensate the Humane Society a total amount of Four Thousand, Five Hundred Thirty -Three Dollars and Twenty -Two Cents ($4,533.22) per month for services provided by the Humane Society pursuant to this Agreement. The Humane Society, as additional compensation for services rendered hereunder, shall collect a Two Dollar ($2.00) agent fee for the sale of each City dog Page 2 of 6 license sold at the animal shelter. This agent fee shall not be included in the cost of the dog license fee. The Humane Society shall submit to the City a monthly billing for the amount specified in this Agreement. Upon receipt of said monthly billing, the City shall make payment to the Humane Society within thirty (30) calendar days. 3. Term of Agreement. The term of this Agreement shall commence on January 1, 2004, and shall continue automatically upon the same terms and conditions set forth herein, 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 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 18 of this Agreement. 4. 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. 5. 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. 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. 6. Nondiscrimination Provision. During the performance of this Agreement, the Humane Society shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap in violation of any applicable federal, state, or local law or regulation. 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. 7. 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. 8. No Insurance. It is understood the City does not maintain liability insurance for the Humane Society and/or its employees. Page 3 of 6 9. No Conflict of Interest. The Humane Society represents that it or its employees do not 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. 10. Indemnification and Hold Harmless. The Humane Society shall defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from the Humane Society's performance or non-performance of the services, duties and obligations required of it under this Agreement. 11. 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 amount of One Million Dollars ($1,000,000.00) 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 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 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 12. 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. 13. 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. 14. 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. 15. Modification of Agreement. If either party desires to change or modify this Agreement, such party shall give written notice to the other not later than July 31st of any Page 4 of 6 year of its desire and if a new agreement has not been reached by the following January 1st, the Agreement shall terminate on the following March 31st. 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 breaching/ defaulting 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. 19. 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: TO CITY: TO HUMANE SOCIETY: Code Administration & Planning City of Yakima City Hall 129 North 2nd Street Yakima, WA 98901 Executive Director Humane Society of Central Washington 2405 West Birchfield Road Yakima, WA 98901 or 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. 20. 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. Page 5 of 6 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 22. 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 thisa3 Rday of .r p, p , 2003. CITY OF YAKIMA By: � 4, R. A. Zais, Jr. City Manager Ar1'hST: City Clerk /2-6-03 Contract No. 2003-107 Resolution No. R-2003-158 Page 6 of 6 HUMANE SOCIETY OF CENTRAL WASHINGTON, a nonprofit corporation BUSINESS OF DLL CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No - I Z b For Meeting Of 12/16/03 ITEM TITLE Resolution authorizing execution of an Animal Control Agreement with the Humane Society of Central Washington SUBMITTED BY. Maples, Code Admin. & Planning Manager Bill Cook, Director of Comm. & Econ. Development CONTACT PERSON/TELEPHONE. Doug Maples, Code Admin. & Planning Manager / 575-6131 SUMMARY EXPLANATION. Attached is a Resolution authorizing the execution of an Animal Control Agreement between the City of Yakima and the Humane Society of Central Washington to provide continuation of services for the board, care, euthanasia and disposal of the City strays, dogs and cats. The proposed Agreement provides for a net increase in Shelter fees of 1% from $4,488.34 per month to $4,533.22 per month, an increase of $44.88 per month and $538.56 per year. The increase in Shelter fees will provide continued services for the board and shelter of City Animal Control impounds, City strays turned in by citizens, euthanasia and disposal of dead animals. The Shelter will retain the shelter portion of the redemption fees, fees for owner -surrendered animals and fees from the sale of dogs that have been released to them. The Shelter will continue to provide information on the number of strays turned in by City residents and the disposition of those strays as well as other miscellaneous information. Resolution X Ordinance Contract _X Other (Specify) Agreement Funding Source General Fund (Included in 2004 Budget) APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution Authorizing Animal Control Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-158