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HomeMy WebLinkAboutR-2011-182 2012-2013-2014 with Animal Control Agreement with the Humane Society of Central WashingtonRESOLUTION NO. R-2011-182 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Animal Control Agreement with the Humane Society of Central Washington for the years 2012, 2013 and 2014. 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 provide an employee 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 an Animal Control Officer with the Humane Society, in accordance with the terms and conditions of the attached agreement for years 2012, 2013 and 2014 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 and Animal Control Officer services. ADOPTED BY THE CITY COUNCIL this 13th day of December, 2011. ATTEST: Micah awie , Mayor 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 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 provide an employee 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 an Animal Control Officer with the Humane Society, 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 Animal Control 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 Animal Control officers that are delivered to its animal shelter. The Humane Society shall submit a monthly report of all animals 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 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 delivery 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 once a month with billing. The Humane Society agrees to furnish the City a bond in the amount of Twenty -Five Thousand Dollars ($25,000.00) for 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. Animal Control Officer Duties. a. The 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. The Officer shall patrol within designated areas, picking up dead, injured, stray, abandoned and/ or unlicensed animals, as appropriate. c. The Officer will work a five (5) day forty (40) hour workweek from Monday through Friday 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. (New Paragraph 2 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 pick-ups during police actions. After hours are defined as from 5:00 pm to 8:00 am Monday through Friday, and from 5:00 pm Friday to 8:00 am Monday. The city agrees to compensate the Humane Society an additional $10.00 a day with a minimum of $300.00 per month for the additional after hours coverage plus a $20.00 charge for each callout (regardless of duration) Consideration. • Effective January 1, 2012, the City agrees to compensate the Humane Society a total amount of Six Thousand Four Hundred Fifty Dollars ($6,450.00) per month for services provided by the Humane Society pursuant to this Agreement. • Effective January 1, 2013, the City agrees to compensate the Humane Society a total amount of Six Thousand Six Hundred Forty -Two Dollars ($6,642.00) per month for services provided by the Humane Society pursuant to this Agreement. • Effective January 1, 2014, the City agrees to compensate the Humane Society a total amount of Six Thousand Eight Hundred Thirty -Three Dollars ($6,833.00) 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 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 m 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. • The City of Yakima will contract with the Humane Society to supply an Animal Control Officer and assign that officer accordingly. • Effective January 1, 2012, the City agrees to compensate the Humane Society a total amount of Three Thousand Two Hundred Twenty -Eight Dollars ($3,228.00) per month for the Animal Control Officer and Three Hundred Thirteen Dollars ($313.00) per month for miscellaneous services provided by the Humane Society pursuant to this Agreement. • Effective January 1, 2013, the City agrees to compensate the Humane Society a total amount of Three Thousand Three Hundred Twenty -Five Dollars ($3,325.00) per month for the Animal Control Officer and Three Hundred Twenty -One Dollars ($321.00) for miscellaneous services provided by the Humane Society pursuant to this Agreement. • Effective January 1, 2014, the City agrees to compensate the Humane Society a total amount of Three Thousand Four Hundred Twenty -One Dollars ($3,421.00) per month for the Animal Control Officer and Three Hundred Twenty -Nine Dollars ($329.00) for miscellaneous services provided by the Humane Society pursuant to this Agreement. • The City of Yakima will provide an Animal Control vehicle at a minimal cost for that employee to utilize. The Officer will need to be available as early as January 1, 2012,. 4. Term of Agreement. The term of this Agreement shall commence on January 1, 2012, 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 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 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. 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. 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 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. 11. Indemnification and Hold Harmless. The Humane Society agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected officials, agents, officers, and employees (hereinafter "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, arising out of, or related to any actual or alleged death, injury, damage or destruction to any person 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 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 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 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. 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 year of its desire and if a new agreement has not been reached by the following January lst, 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 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. 19. 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. 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: 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. 21. 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. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of 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 (`3 day of b2eembit2011 CITY OF YAKIMA By: /he,l/ on Cooper, City M nager ATTEST: HUMANE SOCIETY OF CENTRAL WASHINGTON, a nonprofit corporation By: Its: Contract No. Resolution No. • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4/T, For Meeting of: December 13, 2011 ITEM TITLE: SUBMITTED BY: CONTACT PERSON/TELEPHONE: Resolution authorizing Animal Control Contract with the Humane Society of Central Washington for 2012-2013-2014 Michael Morales, Director of Community & Economic Development Joe Caruso, Code Administration Manager 575-6257 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 for 2012-2013-2014 to provide for the continuation of services for the board, care, euthanasia and disposal of the city stray dogs and cats. The proposed agreement for 2012 provides for a net increase of 2.6 % from $118,387 to $119,890. The proposed agreement for 2013 provides for a net increase of 2.9% from $119,989 to $123,450. The proposed agreement for 2014 provides for a net increase of 2.7% from $123,450 to $127,000. The increase in shelter fees will provide continued services for the board and shelter of city animal control impounds, euthanasia and disposal of dead animals. The shelter will retain its portion of the redemption fees, fees for owner -surrendered animals and fees from the sale of dogs that have been released to it. 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. An additional contractual provision is for the Humane Society of central Washington to provide an animal control • officer to perform duties as an animal control officer within an assigned area within the city limits during specific times. The cost of the contract will include ($38,740) Thirty -Eight Thousand Seven Hundred Forty Dollars with associated costs for vehicle maintenance and insurance coverage for 2012. The contract also covers $10.00 a day for stand-by service for After Hour Emergency Callouts handled by the Humane Society with a $20.00 per call fee. The Humane Society has been authorized to purchase gasoline from the City of Yakima per the City Manager. Resolution X Contract: X Contract Term: 2012-2013-2014 Insurance Required? No Funding Ordinance Mail to: Amount: Other (specify) Expiration Date: December 31, 2014 General Fund Phone: Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution Authorizing Humane Society Contract. BOARD/COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download El Humane Society Contract Resolution ❑ Humaine Society contract y •