HomeMy WebLinkAboutR-2010-139 2011 Humane Society of Central Washington Animal Control AgreementRESOLUTION NO R-2010-139
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
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,
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 7th day of December, 2010
Micah Cawley, Ma`Sror
ATTEST
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
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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 employee. who perform the collection of license fees, fines, and other moneys on
behalf of the City.
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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 from 40th Avenue and west to the county line 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.
3. Consideration. Effective January 1, 2011, the City agrees to compensate the
Humane Society a total amount of Six Thousand Two Hundred Eighty Eight Dollars and
Eighty One Cents 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 Three Dollar ($3.00) 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 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 for a cost of Thirty Seven Thousand Dollars
($37,740) with associated costs of Three Thousand Six Hundred Dollars Seventy Two
Dollars ($3,672) for maintenance and insurance costs. The City of Yakima will allow the
Humane Society to purchase gasoline from the fueling station at the Public Works
Complex. 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, 2010 to
provide animal control services.
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4. Term of Agreement. The term of this Agreement shall commence on January 1,
2011, 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.
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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.
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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.
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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 � " , 2011
CITY OF YAKIMA HUMANE SOCIETY OF CENTRAL
WASHINGTON, a nonprofit
corporation
By:
R. A. Zais, Jr.
City Manager
ATTEST:
City Clerk
Contract No. 1320/7-99
Resolution No. ,7QjO-/$59
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•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 2.
For Meeting of December 7, 2010
ITEM TITLE Consideration of a resolution authorizing execution of an Animal Control
Agreement with the Humane Society of Central Washington for 2011
SUBMITTED BY Michael Morales, Director of Community Economic Development Department
CONTACT PERSON/TELEPHONE Joe Caruso, Acting 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
to provide for the continuation of services for the board, care, euthanasia and disposal of the
City stray dogs and cats
The proposed Agreement provides for a net increase in Shelter fees of 2% from $6,288 81 per
month to $6,414 59 per month, an increase of $125 78 per month for a total contract fee of
$76,975 08 per year
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 within an assigned area inside the city limits during
specific times The cost of the contract will include $37,740 with associated costs for salary and
benefit costs and $3,672 with associated costs for vehicle maintenance and insurance
coverage
Resolution X Ordinance Other (Specify)
Contracts X Mail to (name and address)
Funding Source General Fund
Phone
APPROVED FOR SUBMITTAL. �� C City Manager
STAFF RECOMMENDATION Adopt Resolution authorizing Humane Society Contract.
BOARD/COMMISSION/COUNCIL RECOMMENDATION
COUNCIL ACTION
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