HomeMy WebLinkAboutR-2015-148 2016 Animal Control Agreement with the Humane Society of Central WashingtonA RESOLUTION
RESOLUTION NO. R-2015-148
authorizing and directing the City Manager of the City of Yakima to execute
an Animal Control Agreement with the Humane Society of Central
Washington for the year 2016
WHEREAS, 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 animals
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 this Agreement, and
WHEREAS, the City of Yakima requires the Humane Society to contractually provides
three employees to perform the duties of an Animal Control Officer for the City of Yakima; and
WHEREAS, the Humane Society is willing to provide an Animal Control Officer employee
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 and three Animal Control Officers with
the Humane Society, in accordance with the terms and conditions of the attached agreement for
years 2016 now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "Animal Control Agreement" with the Humane Society of Central Washington, a
nonprofit organization, for animal shelter and Animal Control Officer services
ADOPTED BY THE CITY COUNCIL this 1st day of December, 2015.
vfia a
Micah Cackley, Mayor
ANIMAL CONTROL AGREEMENT
(Commencing January 1, 2016)
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 nonprofit
corporation, (hereinafter the "Humane Society").
WHEREAS, 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 animals
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 this Agreement; and
WHEREAS, the City of Yakima requires the Humane Society to contractually provide an
employee to perform the duties of an Animal Control Officer for the City of Yakima; and
WHEREAS, the Humane Society is willing to provide Animal Control Officer employees 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 and an Animal Control Officer with the Humane Society,
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 Animal Control 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 Animal
Control 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 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.
c. Owner -Surrendered Animals. The Humane Society shall also keep accurate records on
all owner -surrendered animals accepted at its animal shelter and originating within the City limits.
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d. Unclaimed Animals. Unclaimed animals impounded by the City 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 Sundays 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 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 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 once a
month with billing. The Humane Society agrees to furnish the City a bond in the amount of Twenty -Five
Thousand Dollars ($25,000.00) for 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.
j. Animal Control Officers.The Humane Society shall provide three (3) Animal Control
Officers to perform the duties set forth in Section 2 below. Such Animal Control Officers shall be
deemed for all purposes to be employees of the Humane Society and not employees of the City.
2. Animal Control Officer Duties.
a. Each Officer shall respond to, and initiate investigation of complaints, gather evidence
statements and photographs, issue necessary citations, compile reports and appear in
Municipal Court as needed.
b. Each Officer shall patrol within designated areas, picking up dead, injured, stray, abandoned
and/or unlicensed animals, as appropriate.
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c. Officers will work a five (5) day forty (40) hour workweek from Monday through Friday and
Wednesday through Sunday within an assigned area including coverage on the Greenway
Foundation property. Hours will be assigned by the City of Yakima in a manner allowing the
ability to assist other Animal Control Officers outside of the assigned area.
d. The officer will respond to after hour call -outs for containment of vicious animals, tending to
sick or injured animals and/or as requested by the Yakima Police Department for canine
pick-ups during police actions. "After hour call -outs" are calls for service occurring outside
the regular daily work schedule of the responding Animal Control Officer. The city agrees to
compensate the Humane Society an additional $10 a day with a minimum of $300.00 per
month for the additional after hours coverage plus a $25.00 charge for each callout
(regardless of duration).
3. Consideration.
Effective January 1, 2016, the City Of Yakima agrees to compensate the Humane Society a total
of Seven Thousand Two Hundred Thirty Five Dollars ($7,235.00) monthly with an annual amount
of Eighty Six Thousand Eight Hundred Twenty Dollars ($86,820.00) for Housing Services of the
animals
Effective January 1, 2016, the City Of Yakima agrees to compensate the Humane Society a total
of Thirteen Thousand Five Hundred Dollars ($13,500.00) per month for three Animal Control
Officers with an annual amount of One Hundred Sixty Two Thousand Dollars ($162,000.00)
retained by Humane Society pursuant to this Agreement. Total cost of the contract for 2016 is
$256,420
The Humane Society, as additional compensation for services rendered hereunder, shall collect
a Five Dollar ($5.00) agent fee for the sale of each City dog license sold at the animal shelter.
This agent fee shall not be included in the cost of the dog license fee.
The City of Yakima may contract with the Humane Society to supply additional Animal Control
Officers as deemed necessary or appropriate by the City and assign such officers accordingly.
4. Term of Agreement. The term of this Agreement shall commence on January 1, 2016, 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 July 31st 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 for the months of August 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 accordance with Section 19 of this
Agreement.
5. 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.
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6. 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.
7. 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.
8. 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.
9. No Insurance. It is understood the City does not maintain liability insurance for the Humane
Society and/or its employees.
10. No Conflict of Interest. The Humane Society represents that neither it nor its employees have
any interest and shall not hereafter acquire any 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.
11. Indemnification and Hold Harmless. The Humane Society agrees to protect, defend, indemnify,
exonerate, and hold harmless the City, its elected officials, agents, officers, and employees (hereinafter
"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, arising out of, or related to any actual or alleged death, injury, damage or
destruction to any person or any property (including but not limited to any actual or alleged violations of
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.
12. Humane Society Insurance. On or before the date this Agreement is executed, the Humane
Society shall provide the City with a certificate of 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 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 confers no right
upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this
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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
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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 breaching/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 breaching/defaulting party shall have the right to cure
such breach/default during the thirty (30) calendar day notice period.
20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or
hand -delivered to the parties to their addresses as follows:
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TO CITY:
TO HUMANE SOCIETY:
CHIEF Domenic Rizzi
Yakima Police Department
200 South 3rd Street
Yakima, WA 98901
Executive Director
Yakima Humane Society
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, or hand -delivered. Such notices shall be
deemed effective when mailed or hand -delivered at the addresses specified above.
21. 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.
22. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington.
23. 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 thiso�' day ofD&t.-144 ' , 2$`t.
CITY OF YAKIMA
By:
YAKIMA HUMANE SOCIETY
a nonprofit corporation
.t9Afre i By:
TeraIts:
City -Man -age 'r 4.1cdi YY1GA.r\(1/4tet
ATTEST:
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giffve City Clerk
Contract No. /
Resolution No. .--•..)0/4)--- /9X'
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S.H.
For Meeting of: December 1, 2015
ITEM TITLE: Resolution authorizing 2016 Animal Control Contract between the City
of Yakima and Yakima Humane Society
SUBMITTED BY: Joe Caruso, Code Administration Manager
SUMMARY EXPLANATION:
This is a resolution for the 2016 Yakima Humane Society Animal Control Contract set for services to supply
three animal control officers and handle all animals transported to the shelter by all animal control officers.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term: 2016
Start Date: 01/01/16 End Date: December 31, 2016
Item Budgeted: Yes Amount: $256,420
Funding Source/Fiscal Impact: General Fund
Strategic Priority: Public Safety
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
Accept the contract
City Manager
ATTACHMENTS:
Description Upload Date
C5 Resdunlioirn II-Iluirnairne Scrciieny Contract 2016 11/23/2015
C5 2016 Yakliina humane ScrciienyMirniiirn-ral° Connird Contract 11/9/2015
Type
Coheir Memo
Coheir Memo