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HomeMy WebLinkAboutR-1995-176 Humane Society• RESOLUTION NO. R-95-17 6 r • 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 Page 1 of 6 (1^)agr/animal control.pm 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 Page 2 of 6 (1n)agr/animal control. pm 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 Page 3 of 6 (1c)agr/animal control.pm 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. Page 4 of 6 11s)a9r/animal control pm 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. Page 5 of 6 (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_._ 7 cc''i.."a i`}a��++..3:Jie`:3 � .,�.� ?4.4�i�'{:PC 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 Page 6 of 6 (1c.7agr/animal control pm 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