HomeMy WebLinkAboutR-1995-176 Humane Society• RESOLUTION NO. R-95-17 6
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A RESOLUTION authorizing and directing the City Manager and the City Clerk of
the City of Yakima to execute an Animal Control Agreement with
the Humane Society of Central Washington.
WHEREAS, the Humane Society of Central Washington, a nonprofit
organization, hereafter 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
dogs 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 the
attached Animal Control Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to enter into a contract for animal shelter services with the Humane Society of
Central Washington, a nonprofit organization, 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 and City Clerk are hereby authorized and directed to execute
the attached and incorporated Animal Control Agreement with the Human Society of
Central Washington, a nonprofit organization, for animal ter services.
ADOPTED BY THE CITY COUNCIL this 19`day of , 1995
ATTEST l )
(a)n.,nlul ee.te+1.P
City Clerk
Mayor
ANIMAL CONTROL AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY
OF YAKIMA (hereafter the "City") and the HUMANE SOCIETY OF CENTRAL
WASHINGTON, a nonprofit corporation, (hereafter the "Humane Society").
WHEREAS, the Humane Society of Central Washington, a nonprofit
corporation, hereafter 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 dogs 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 the attached Animal Control 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 dogs 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 dogs 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 dogs 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. Gift Animals. The Humane Society shall also keep accurate
records on all gift animal accepted at its animal shelter and originating within
the City limits. These records shall detail the acceptance fee received per
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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 deliver 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 on Monday, Wednesday, and Friday of each
week. The Humane Society agrees to furnish the City a bond in the amount of
Five Thousand Dollars ($5,000.00) for each of those 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.
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. Consideration. The City agrees to compensate the Humane Society a
total amount of Three Thousand, Five Hundred and Five Dollars and Fifty -Two
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Cents ($3,505.52) per month for services provided by the Humane Society
pursuant to this Agreement. 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.
3. Term of Agreement. The term of this Agreement shall commence on
January 1, 1996 and shall continue automatically upon the same terms and
conditions set forth herein unless either party gives the other written notice not
later than January 31st 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.
4. 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.
5. 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.
6. Nondiscrimination Provision. During the performance of this
Agreement, the Humane Society shall not discriminate on the basis of race,
color, sex, religion, national origin, creed, marital status, political affiliation, or
the presence of any sensory, mental or physical handicap. 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, and selection for training.
7. Compliance with Law. The Humane Society agrees to perform those
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.
8. No Insurance. It is understood the City does not maintain liability
insurance for the Humane Society and/or its employees.
9. No Conflict of Interest. The Humane Society represents that it or its
employees do not have any interest and shall not hereafter acquire any
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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.
10. Hold Harmless. The City shall hold the Humane Society harmless from
any and all claims arising out of its handling and caring for animals delivered
to it by the City except insofar as such claims arise from actions of the Humane
Society which are in violation of this Agreement.
11. Humane Society Insurance. The Humane 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. Said policy shall be in effect for the duration of this
Agreement and shall name the City, its officers, agents, and employees as
additional insured. If the Humane Society desires to change or cancel said
policy, the Humane Society will give the City at least ten (10) days prior written
notice before taking action to change or cancel the policy.
12. Delegation of Services. The services provided for herein shall be
perfo� died 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.
13. 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.
14. 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.
15. 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. Payments for the months of January, February, and March of that
year shall be at the rates applicable for the preceding year.
16. 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.
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17. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties to their addresses as follows:
TO CITY:
TO HUMANE SOCIETY:
Customer Service Manager
City of Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
Executive Director
Humane Society of Central
Washington, a nonprofit
corporation
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. Such notices shall be deemed effective when mailed or hand delivered
at the addresses specified above.
18. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
19. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
20. Attorney's Fees. In the event that any suit or action is instituted by
either party to enforce the compliance with or interpret any of the terms,
covenants, or conditions of this Agreement, the prevailing party shall be
entitled to collect, in addition to necessary court costs, such sums as the court
may adjudge as reasonable attorney's fees.
EXECUTED this /) day of
CITY OF YAKIMA
City Manager
ATTEST:
CITY COKT 4CT MO.
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(1c)aar/animal control.,
City Clerk
, 1994.
HUMANE SOCIETY OF CENTRAL
WASHINGTON, a nonprofit
corporation
By:
Its:
ZD SWORN TO BEFORE ME THS
SBA Cr_._
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STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that
she/he signed this instrument, on oath stated that she/he was authorized to
execute the instrument and acknowledged it as the of the
Humane Society of Central Washington, a nonprofit corporation, to be the free
and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED: .A
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NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires: - .
BUSINESS OF THE CITY COUN SIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. i J
For Meeting Of 12/19/95
11EM Tl'1'LE: Resolution authorizing execution of an Animal Control Agreement with the Humane
Society of Central Washington
SUBMITTED BY: Department of Finance & Budget - Customer Service Division
CONTACT PERSON/1'H .F,PHONE: Bert Tabayoyon, Manager / 575-6080 `1'.1
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 continuation of services for the board,
care, euthanasia and disposal of all City strays.
In July, 1995, the Humane Society requested an increase in Shelter fees from $3,403.42 per month to
$3,505.52 per month for a difference of $102.10 per month; $40,841.04 per year to $42,066.24 for a
difference of $1,225 per year or approximately 3%; the change to be effective January, 1996. Attached is the
Agreement for continued service we feel would be beneficial to both parties.
The amended Agreement provides for a net increase in Shelter fees of about 3% from $3,403.42 per month to
approximately $3,505.52 per month. The increase in Shelter fees will provide continued services for the
board and shelter on all City Animal Control impounds, City strays turned in by citizens, euthanasia and
disposal of dead animals. The Shelter will retain redemption fees and acceptance fees for gift animals as well
as fees from the sale of dogs released to them. The Shelter is providing attached information on the number of
City—only strays turned in by citizens with the name, address, telephone number and location where stray was
picked up and the disposition of those City strays. Other reports the City receives are: the number of
impounds, the number of days impounded, the date of release, and/or the date put to death and a report of the
gift animals by City residents and acceptance fees paid. All reports are submitted at the same time as the
monthly billing.
The last increase in Shelter fees was July, 1990. At that time, the fee was increased from $2,900 per month to
$3,403.42 per month or approximately 17.4% increase. The previous increase in Shelter fees was in
December, 1988 of approximately 11% from $2,613 per month to $2,900 per month.
The increase in Shelter fees has been budgeted for 1996 and is $1,225 over the 1995 budget figure of $40,841
for Professional Services in the Animal Control Budget.
Resolution X Ordinance _ Contract _ Other (Specify) Agreement
Funding Source General Fund
APPROVED FOR SUBMITTAL:
pity Manager
STAFF RECOMMENDATION: Approve Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Legal/BD
Agenda Stmt. HS Agmt.
Resolution No. R-95-176