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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 STCV C6 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. STCV C1 (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. STCV C2 (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. STCV C3 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. STCV C4 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 STCV C5 crr ii7N r.A.T N