HomeMy WebLinkAbout12/04/2018 06C 2019 Animal Control Agreement with the Yakima Humane SocietyBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
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Item No. 6.C.
For Meeting of: December 4, 2018
ITEM TITLE: Resolution authorizing contract renewal with the Yakima Humane
Society for animal control services in 2019
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 covers the cost of three Animal
Control Officers from the Yakima Humane Society in accordance with the terms and conditions of
the agreement. The maximum contract value is $261,084, the same amount as 2018.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
0 reso
Upload Date
11/29/2018
0 tract Hu ne Society 111512018
Type
Coyer Memo
tract
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RESOLUTION NO. R -2018-
A RESOLUTION authorizing an Animal Control Agreement with the Yakima Humane Society
for the year 2019
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 Agreement requires the Yakima Humane Society to contractually provide
three employees to perform the duties of an Animal Control Officer for the City of Yakima; 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
year 2018 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 4th day of December, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
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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 YAKIMA 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 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 Animal Control Officer employees 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.
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.
d. Unclaimed Animals. Unclaimed animals impounded by the City and delivered to
the animal shelter shall become the property of the Humane Society. All dogs without any form of
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ID (License, 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. 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 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.
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.
j. 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.
k. Records Retention. The records relating to this Agreement must be made
available to the City and are City of Yakima records. 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 relating to this Agreement must be retained by the Humane Society for a minimum of
six (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 of Yakima, and will be provided to the
City upon the City's request. This Section shall survive the termination of this Agreement.
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2. Animal Control Officer Duties.
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 pick-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).
3. Consideration.
Effective January 1, 2019, the City Of Yakima agrees to compensate the Humane Society
a total of Seven Thousand Four Hundred Fifty Two Dollars ($7,452.00) monthly with an
annual amount of Eighty Nine Thousand Four Hundred Twenty Four Dollars ($89,424.00)
for Housing Services of the animals
Effective January 1, 2019, the City Of Yakima agrees to compensate the Humane Society
a total of Thirteen Thousand Nine Hundred Five Dollars ($13,905.00) per month for three
Animal Control Officers with an annual amount of One Hundred Sixty Six Thousand Eight
Hundred Sixty Dollars ($166,860.00) retained by Humane Society pursuant to this
Agreement. Total cost of the contract for 2018 is $261,084
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 in the cost of the dog license fee.
The City of Yakima may contract with the Humane Society to supply additional Animal
Control Officers as deemed necessary or appropriate by the City and assign such officers
accordingly.
4. Term of Agreement. The term of this Agreement shall commence on January 1, 2019,
and shall continue automatically for additional annual terms 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
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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
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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 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 -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 1st, 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.
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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:
Cliff Moore, City Manager
TO HUMANE SOCIETY:
Charles Stanton
Executive Director
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Yakima Humane Society
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 _ day of , 2018.
CITY OF YAKIMA YAKIMA HUMANE SOCIETY,
a nonprofit corporation
By: By:
Cliff Moore Its:
City Manager
ATTEST: