HomeMy WebLinkAboutR-1990-D5782 Agreement•
A RESOLUTION
RESOLUTION NO. N- 517 5? .Z
authorizing the execution of an Animal Control
Agreement with the Humane Society of Central
Washington
WHEREAS, by virtue of an Animal Control Agreement, dated
December 28, 1988, between the City of Yakima and the Humane
Society of Central Washington, services of the Humane Society were
hired in conjunction with City animal control activities, and
WHEREAS, both parties desire to execute a new agreement to
provide for the continuation of services to be hired by the City
from the Humane Society of Central Washington, all as provided by
the attached Animal Control Agreement document, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are
hereby authorized and directed to execute an agreement with the
Humane Society of Central Washington for the purposes mentioned
above, a copy of which agreement, entitled "Animal Control
Agreement," is attached hereto and by reference made a part
hereof.
ADOPTED BY THE CITY COUNCIL this day of
1990
ATTEST:
\eq,e4,0-2ht
MAYOR
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CITY CLERK
ANIMAL CONTROL AGREEMENT
THIS AGREEMENT made this 1st day of July, 1990, between the
Humane Society of Central Washington, a corporation, hereinafter
called the Society, and the CITY OF YAKIMA, WASHINGTON, a munici-
pal corporation, hereinafter called the City.
WITNESSETH:
WHEREAS, the Society operates an animal shelter and is
engaged in performing the general services of a humane society
within the County of Yakima, and
WHEREAS, the City is desirous of using services of the
Society to the extent specified in this agreement, and both
parties desire to reduce to this written agreement the provisions,
terms and conditions of the arrangement and agreement between the
parties whereby services of the Society will be utilized by the
City, now, therefore,
In consideration of the mutual promises contained herein and
other good and valuable consideration, the parties agree as
follows:
Section 1.
(A) The City agrees to deliver to the shelter operated
by the Society all dogs impounded by the City's Animal Control
Officers for the boarding of such animals during the animal
impound period. The City agrees to pay the Society the total
amount of $3,403.42 per month for services performed by the
Society pursuant to this agreement.
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(B) The Society agrees to keep accurate records of all
dogs impounded by the City's Animal Control Officers and submit a
monthly report of all dogs impounded, the date delivered, the
number of days impounded, the date of release, and/or the date put
to death. The Society also agrees to keep accurate records of all
City stray animals turned in to the Shelter by citizens and to
provide the City with a report to include the name, address,
telephone number and location where the stray animal was picked
up. These reports will be submitted at time of monthly billing.
(C) The Society agrees to keep accurate records on all
gift animals, the amount of the acceptance fee per animal, the
date animal was accepted, and the name and address of the City
resident. The report will be submitted at time of monthly
billing.
Section 2. The City will be responsible for picking up
all dead animals within the City. Dogs, cats, and other animals
of similar size picked up by the City Animal Control Officer shall
be delivered to the shelter for disposal. A means for disposal
shall be made available by the shelter at no additional cost to
the City.
Section 3.
(A) The owner of any animal who redeems that animal
shall be responsible for the boarding charge of such animal, and
the City shall not be responsible to the Society for any fee in
connection with that animal.
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(B) The Society agrees to collect from the owner of any
animal redeemed license fees, fines, and such amounts of money
which may be specified by City ordinances. The Society also
agrees not to 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 license tag delivered to the owner. Amounts of
money as specified by City ordinances will be remitted to the City
on Monday, Wednesday and Friday of each week. The Society agrees
to furnish to the City a bond in the amount of $5,000 for each of
those employees who perform the collection of license fees and
fines on behalf of the City. Society books and records will be
subject to audit by the City for compliance with this paragraph.
(C) The Society will render a monthly billing to the
City for the amount specified in this agreement, which rate shall
be effective July 1, 1990, and the City will remit to the Society
within ten days from receipt of the billing.
(D) The City will furnish to the Society, or pay the
cost of printing, all forms used in supplying statistics for City
records.
Section 4. The parties also agree that the unclaimed
animals impounded by the City shall become the property of the
Society at 9:00 o'clock a.m. of the day of any such animal's
release from its impounded status according to applicable City
law. It is further agreed that the proceeds received by the
Society from the sale of such released animals shall belong to the
Society.
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Section 5.
(A) The Society specifically agrees that it will at all
times, both during and after the impound period, treat animals
brought to it by the City in a humane manner.
(B) The Society may put to death, in a humane manner,
any animal brought to it by the City which obviously has a
contagious disease or is so injured that it cannot be helped with
first aid.
Section 6.
(A) This agreement shall be automatically continued
upon the same terms and conditions set forth herein unless either
party gives the
other written notice not later than July 31 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
contract.
(B) If either party desires to change or modify this
agreement, such party shall give written notice to the other not
later than July 31 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. Payments
for the months of January, February and March of that year shall
be at the rates applicable for the preceding year.
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Section 7.
(A) The City agrees to hold the Society harmless from
any and all claims arising out of its handling and caring for
animals brought to it by the City, except insofar as such actions
of the Society are in violation of this agreement.
(B) The Society carries a public liability insurance
policy in the amounts of Three Hundred Thousand Dollars
($300,000.00) bodily injury and One Hundred Thousand Dollars
($100,000.00) property damage, with the City named as an
additional insured. If this policy is to be changed or cancelled,
the Society will give the City at least ten (10) days prior
written notice of such change or cancellation.
Section 8. This agreement supersedes the agreement
between these parties dated December 28, 1988.
IN WITNESS WHEREOF the parties have hereunto set their hands
and seals the day and year first above written.
HUMANE SOCIETY OF CENTRAL WASHINGTON
CITY OF YAKIMA
BY
ATTEST City Manager
City Clerk
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