HomeMy WebLinkAboutR-2023-011 Resolution authorizing contract renewal with the Yakima Humane Society for animal housing services in 2023A RESOLUTION
and
RESOLUTION NO. R-2023-011
authorizing an agreement with the Yakima Humane Society (YHS)
for animal housing services as part of the City of Yakima animal
control program.
WHEREAS, YHS is a non-profit service provider that provides housing for animals;
WHEREAS, the City of Yakima animal control program requires, as part of
enforcement of the municipal code, that animals be housed in the interest of public safety
and welfare; and
WHEREAS, the YHS houses animals until the animals become the property of the
YHS, or until such time the City of Yakima no longer has interest in said animals and
relinquishes control of animals to the YHS; and
WHEREAS, YHS has agreed to provide housing services for animals for the City
and the City has agreed to compensate YHS in the amount of $25,000.00 in addition to
$110.00 per animal for those housing services, pursuant to the terms and conditions of the
agreement; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest
of the City and its residents to enter into an agreement with the Yakima Humane Society to
house animals as part of the overall animal control program administered by the City of
Yakima, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Agreement between the City
of Yakima and the Yakima Humane Society in the amount of Twenty Five Thousand
dollars ($25,000.00) in addition to One Hundred Ten dollars ($110.00) per animal
for animal housing services as part of the City of Yakima's animal control program.
A copy of the agreement is attached hereto and is fully incorporated herein.
ADOPTED BY THE CITY COUNCIL this 3rd day of January, 2023.
Janice Deccio, Mayor
ATTEST:
Sonya Cigar Tee, City Clerk
ANIMAL CONTROL AGREEMENT
This agreement is made and entered into by and between the CITY OF YAKIMA, a
Washington municipal corporation (hereinafter the "City") and the YAKIMA HUMANE SOCIETY,
a non-profit corporation (hereinafter the Humane Society). For the purposes of this contract,
references to City Officer(s) shall mean City of Yakima employees charged with carrying out
animal control related duties stipulated in this contract.
WHEREAS, the Humane Society operates an animal shelter to shelter animals impounded
by the City's Officers; and
WHEREAS, the City of Yakima requires the use of an animal shelter to shelter animals
impounded by the City's Officers; and
WHEREAS, the City has previously contracted with the Humane Society for the boarding
of animals impounded by City Officers 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 Council has determined that it is in the best interest of the City to
enter into a contract for continued animal shelter services 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 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
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 euthanized.
b. Stray Animals. The Humane Society shall keep accurate records of all stray
animals picked up by City Officers within the City limits and delivered to its animal shelter.
c. Owner Surrendered Animals. The Humane Society shall also keep accurate
records on all owner surrendered animals that are transported to the Humane Society by a City
of Yakima Officer.
d. Unclaimed Animals. Unclaimed animals impounded by City Officers and delivered
to the animal shelter shall become the property of the Humane Society. All dogs without any form
of ID (License, ID Tag, Microchip etc.) will be held for three (3) days. All dogs with some form of
ID (license, ID Tag, microchip etc.) will be held for five (5) days excluding Wednesdays and major
holidays.
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
City Officers. The Humane Society shall provide a means of proper disposal for these dead
animals. The City shall pay the Humane Society Six Thousand Dollars ($6000.00) to be paid in
monthly installments for disposal services.
f. Redemption of Animals. The Humane Society is responsible for all animals
redeemed by the animal's owners after City Officers deliver animals to the shelter.
g. Collection of feesffines. The Humane Society shall not release an unlicensed
animal to an owner that resides within the City until a license has been purchased with appropriate
verification of the license being confirmed by the Humane Society.
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 euthanize, in a humane manner, any animal delivered to its
animal shelter by the City, which obviously has a contagious disease, is so injured that it cannot
be helped with medical treatment or is otherwise unadoptable due to behavioral issues.
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. Records Retention. The records relating to this Agreement must be made available
to the City and are City of Yakima records. They must be produced to third parties, if required
pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records
related to this Agreement must be retained by the Humane Society for a minimum of 6 years after
the end date or termination of this Agreement. The records shall at all times be subject to
inspection by and with the approval of the City of Yakima, and will be provided to the City upon
the city's request. This Section shall survive the termination of this Agreement.
k. Legal Holds. The City will pay 21.00 per day for sheltering an animal, if the animal
is required to stay at the shelter due to a mandatory legal hold specified in the Yakima Municipal
Code and the hold is caused by the City. Costs incurred due to a hold beyond the hold duration
specified by the City Officer will be the responsibility of the Humane Society. It will be the
responsibility of the Humane Society to keep track of the duration of a hold, unless the hold
duration is extended by the City beyond the time determined by the City Officer at the time of
intake. The City shall not be liable for extensions of legal holds that are not extended by the City.
2. City Officer Duties
a. Upon delivery of impounded animals to the Humane Society animal shelter, City
Officers will complete a form provided by the Humane Society that describes the status
of the animal, the location where the animal was picked up, the animal owner's name
and contact information (if known), the required duration of the hold (if applicable), and
other information deemed necessary by the Humane Society for animal intake.
b. City Officers will not be responsible for the Humane Society's animal intake procedures
or data entry into a Humane Society's intake tracking system.
c. City Officers will notify the Humane Society of hold extensions caused by the City that
are beyond the time determined at the time of delivery of the animal to the Humane
Society animal shelter.
3. Humane Society Standby Coverage.
a. Should City Officers have the need to deliver an animal to the Humane Society's
animal shelter outside of the shelter's regular working hours, the officer will contact
shelter personnel to meet at the shelter to coordinate intake of the animal. The City
agrees to compensate the Humane Society an additional Fifteen Dollars ($15.00) a
day, plus a Fifty Dollar ($50.00) fee for each callout. The callout fee includes
euthanasia services, if applicable.
4. Consideration.
Effective January 1, 2023, the City of Yakima agrees to compensate the Humane Society
a total of One Hundred Ten Dollars ($110.00) monthly for each animal impounded by City
Officers plus an annual amount of Twenty Five Thousand Dollars ($25,000.00) to be paid
in monthly installments for housing services of the animals.
5. Term of Agreement. The term of this agreement shall commence on January 3, 2023
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
August 31 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 of the months of September 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 according with Section 20 of the Agreement.
6. 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.
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, the Humane Society shall pay the same before it becomes due.
8. 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.
9. 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.
10. No Insurance. It is understood that the City does not maintain liability insurance for the
Humane Society and/or its employees.
11. No Conflict of Interest. The Humane Society represents that neither it nor its employees
have any interest and shall not hereafter acquire an interest, direct or indirect, which would
conflict in any manner of 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.
12. Indemnification and Hold Harmless. The Humane Society agrees to protect, defend,
indemnify, exonerate, and hold harmless the City, its elected and appointed officials,
agents, officers, and employees (hereafter "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, and arising out of, or related to any actual or alleged death, injury,
damage or destruction to any person of any property (including but not limited to any actual
or alleged violations od 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.
13. Humane Society Insurance.
(a) Commercial Liability. On or before the date this Agreement is executed, the Humane
Society shall provide the City with a certificate or 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 the 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 covers 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 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.
(b) Worker's Compensation. The Humane Society agrees to pay all premiums provided
for by the Worker's Compensation Act of the State of Washington. Evidence of the
Humane Society's workers' compensation coverage will be furnished to the City. The
Humane Society holds the City harmless for any injury or death to the Humane
Society's employees while performing this Agreement.
(c) Umbrella policy. The Humane Society shall provide the City with a certificate of
insurance as proof of an umbrella insurance policy with a total minimum liability limit
of One Million Dollars ($1,000,000.00). The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall continue in effect for the duration
of the Agreement. The policy shall name the City, its elected and appointed officials,
officers, agents, employees, and volunteers as additional insureds, 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 or
any kind upon the company" shall be 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.
14. 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.
15. 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.
16. 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.
17. 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 August 31 st or 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 31 s(
18. 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.
19. 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.
20. 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 preaching/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 preaching/defaulting party shall have the right to cure such breach/default during the
thirty (30) day notice period.
21. Notices. Unless stated otherwise here, all notices and demands shall be in writing and
sent or hand -delivered to the parties to their addresses as follows:
TO CITY:
City Manager
City of Yakima
129N2nd St
Yakima, WA 98901
TO HUMANE SOCIETY:
Yakima Humane Society
2405 West Birchfield Road
Yakima, WA 98901
COPY TO:
Glenn Denman
Codes Administration Manager
129 N. 2nd St.
Yakima, WA 98901
or to other such addresses as the parties may hereafter designate in writing. Notice 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.
1. 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.
2. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
3. 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 this 3rd day of January, 2023
CITY OF YAKIMA
Robert Harrison, City Manager
ATTEST:
o:X4A3--Cr6
CITY CONTRACT NOI
RESOLUTION NO*
YAKIMA HUMANE SOCIETY
By
Its 00C—i
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 8.
For Meeting of: January 3, 2023
Resolution authorizing contract renewal with the Yakima Humane
Society for animal housing services in 2023
Joan Davenport, Community Development Director
Glenn Denman, Code Administration Manager
SUMMARY EXPLANATION:
This is a Resolution authorizing and directing the City Manager to execute an agreement with the
Yakima Humane Society to provide general services for the boarding of animals impounded by
the City of Yakima's Animal Control Officers. The contract covers animal boarding services with
the Yakima Humane Society in accordance with the terms and conditions of the agreement.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description
❑ Resolution
0 Contract_HumaneSociety
Upload Date
12/ 15/2022
12/ 15/2022
Type
Corer Memo
Contract