HomeMy WebLinkAboutR-2014-127 2015 Animal Control Agreement with the Humane Society of Central Washington RESOLUTION NO. R- 2014 -127
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 year 2015
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 the year 2015 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 21 day of October, 2014.
1 7M ■ EST: Micah Cawley, ayor
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Son; Claar Tee, City clerk � M
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ANIMAL CONTROL AGREEMENT
(Commencing January 1, 2015)
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.
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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 for the period of 48 hours
following impoundment.
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.
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.
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c. Each 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. 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, 2015, the City agrees to compensate the Humane Society a total of
Seven Thousand Thirty Eight Dollars ($7,038.00) per month for services provided by the
Humane Society pursuant to this Agreement
Also, the city agrees to compensate the Humane Society a total of Thirteen Thousand
One Hundred Thirty Two Dollars ($13,132.00) monthly with an annual amount of One
Hundred Fifty Seven Thousand Five Hundred Ninety Dollars ($157,590.00) for three
Animal Control Officers
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, 2015,
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 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
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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 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
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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.
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: Code Administration & Planning
City of Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
TO HUMANE SOCIETY: Executive Director
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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 thisay of cr4', 2014.
CITY OF YAKIMA HUMANE SOCIETY OF CENTRAL
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WASHINGTON, a nonprofit corporation
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.F.
For Meeting of: October 21, 2014
ITEM TITLE: Resolution authorizing the execution of a services contract
between the City of Yakima and the Humane Society of
Central Washington for an Animal Control Agreement for the
year 2015
SUBMITTED BY: Joan Davenport, AICP, Community Development Manager
Joe Caruso, Code Administration Manager (509) 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 2015 to provide for the
continuation of services for the board, care, euthanasia and disposal of the city's stray dogs and
cats.
The proposed agreement for 2015 provides for a net increase of 3% from the 2014 contract of
$6,833 per month to $7,038 per month, an increase of $205 a month for a total contract fee
of $84,456 annually.
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
the services of three Animal Control Officers to conduct seven day a week coverage. Officers
are 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 three Animal Control Officers at a cost
of Fifty Two Thousand Five Hundred Thirty ($52,530) each for an annual cost of One Hundred
Fifty Seven Thousand Five Hundred Ninety Dollars ($157,590) annually with associated costs of
Three Hundred Dollars ($300) a month for Emergency Callout Standby and a Twenty Five
Dollar ($25.00) fee for each actual emergency for an estimated contract cost for 2015 of Two
Hundred Fifty One Thousand Six Hundred Fifty Dollars ($251,650).
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term: 2015 Yakima Humane
Society
Start Date: January 1, 2015 End Date: December 31, 2015
Item Budgeted: Yes Amount: $251,650
Funding Source /Fiscal Impact: General Fund
Strategic Priority: Public Safety
Insurance Required? Yes
Mail to: Humane Society of Central Washington c/o Wendy St. George,
2405 W Birchfield Rd., Yakima, WA 98901
Phone: (509) 457 -6854
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
Adopt Resolution Authorizing Humane Society Contract.
ATTACHMENTS:
Description Upload Date Type
0 Humane Society 2015 Resolution 10/8/2014 Resolution
0 Humane Society 2015 Contract 10/6/2014 Cover Memo