HomeMy WebLinkAbout4164 Resolution - BF Humane Society (BFHS) Animal ControlRESOLUTION NO. 4164
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
EMERGENCY SERVICES AGREEMENT WITH THE BENTON
FRANKLIN HUMANE SOCIETY FOR ANIMAL CONTROL AND
SHELTERING SERVICES.
WHEREAS, the Cities of Pasco, Richland and Kennewick Washington on December 16,
2016 entered into an Interlocal agreement establishing the Tri -City Animal Control Authority for
Animal Control and Sheltering Services; and
WHEREAS, said agreement designated the City of Pasco, Washington as the Operating
Jurisdiction for the Tri -City Animal Control Authority; and
WHEREAS, on November 11, 2021, due to termination of the prior contractor for cause,
and on an emergency basis, the Benton -Franklin Humane Society was granted operational control
of the facility; and
WHEREAS, after operational practices and standard were stabilized, the ACA and BFHS
negotiated a temporary Personal Services Agreement to officially ratify the relationship; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into an
Emergency Services Agreement with Benton Franklin Humane Society; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Pasco approves the terms and conditions of the
Emergency Services Agreement with Benton Franklin Humane Society, as attached hereto and
incorporated herein as Exhibit A.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to execute said Agreement on behalf of the City of Pasco.
PASSED by the City Council of the City of Pasco, Washington and approved as provided
by law this 21 day of March, 2022.
74 i �
Blanche Barajas
Mayor
ATTES
Debra Barham, CMC
City Clerk
Resolution — BF Humane Society Emergency Agreement
APPROV AS FORM:
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City s
EXHIBIT A
PERSONAL SERVICES AGREEMENT
ANIMAL CONTROL SERVICES
FOR THE ANIMAL CONTROL AUTHORITY OF
KENNEWICK, PASCO & RICHLAND
THIS AGREEMENT is made and entered into between The Benton -Franklin Co. Humane
Society, hereinafter referred to as "Contractor" and the Tri -City Animal Control Authority,
hereinafter referred to "ACA", an unincorporated association comprised of the cities of
Kennewick, Pasco, and Richland, political subdivisions of the State of Washington, on this 11 th
day of November, 2021.
ARTICLE 1. PURPOSE OF AGREEMENT
1.1 The purpose of this Agreement is to establish the relationship between the ACA and the
Contractor. The Contractor shall provide animal control services in specified areas within
Benton and Franklin Counties for the cities of Kennewick, Pasco and Richland as specified
herein. In consideration for said services, the ACA shall pay the Contractor in U.S. funds
such moneys and in such manner as herein described.
ARTICLE 2. WHOLE AGREEMENT
2.1 This is the complete and exclusive statement of the agreement between the parties relevant
to the purpose described above and supersedes all prior agreements or proposals, oral or
written, and all other communication between the parties relating to the subject matter of
this Agreement. No modification of this Agreement will be binding on either party except
as a written addendum signed by authorized agents of both parties.
ARTICLE 3. WRITTEN NOTICE
3.1 Any notice of change, termination or other communication having a material effect on this
Agreement shall be served in one or more of the following manners:
a. In-person delivery to the Pasco City Clerk if delivering to the Authority; an
authorized officer, employee, agent or other representative if delivering to the
Contractor.
b. Deposited in the U.S. mails under certified or registered handling, postage prepaid,
posted to the address(es) provided herein:
City of Pasco Contractor
Dave Zabell, City Manager Benton -Franklin Humane Society
PO Box 293 ATTN: Executive Director
Pasco, WA 99301 1736 E. 7th Ave
Telephone: (509) 544-3404 Kennewick, WA 99337
C. By e-mail sent to either party.
Article 4. GOVERNING LAWNENUE
4.1 This Agreement shall be governed by the laws of the State of Washington. Any action or
suit commenced in connection with this Agreement shall be in the Franklin County
Superior Court.
4.1.1 All rights and remedies of either party shall be cumulative and may be exercised
successively or concurrently. The foregoing is without limitation to or waiver of
any other rights or remedies of either party according to law. It is agreed that fifteen
(15) calendar days shall constitute reasonable notice for the exercise of any right in
the event that applicable law specifically requires such notice, unless a more
specific time frame is required by applicable statute.
ARTICLE 5. ATTORNEY FEES
5.1 Attorney's fees, which are reasonable, and costs including those in appeal, if appeal is
taken, shall be allowed to the prevailing party by any court hearing a dispute under this
Agreement.
ARTICLE 6. JUDICIAL RULINGS
6.1 If any provision of this Agreement, as applied to either party or to any circumstance, shall
be adjudged by a court to be void or unenforceable the same shall in no way affect any
other provision or the validity or enforceability of this Agreement.
ARTICLE 7. INDEPENDENT CONTRACTOR
7.1 The Contractor shall be an "independent contractor." All persons employed to furnish
services hereunder are employees of the Contractor and not of the ACA. Further, the ACA
shall not be liable for any of Contractor's acts or omissions performed under this Agreement
or other agreements to which Contractor is a party.
ARTICLE 8. INDEMNIFICATION AND HOLD HARMLESS
8.1 The Contractor shall defend, indemnify and hold the ACA and the individual Cities of
Kennewick, Pasco, and Richland, their officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees,
arising out of or in connection with the performance of this Agreement, except for injuries
and damages caused by the sole negligence of the City.
The City shall defend, indemnify and hold the Contractor and their officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits, whether known or unknown, including attorney fees, arising out of or in connection
with the prior performance, negligence, malfeasance, acts, or omissions of previous
contractors of the ACA.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification. This waiver has been mutually negotiated
by the parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
ARTICLE 9. INSURANCE
9.1 The Contractor shall procure and maintain for the duration of the Agreement. insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
Minimum scope of insurance and minimum insurance limits of the types described below
shall be maintained by the Contractor.
a. Commercial General Liability insurance shall be written on Insurance Services Office
(ISO) occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide a per project general aggregate limit
using ISO form CG 25 03 05 09 or an equivalent endorsement. The ACA shall be
named as an additional insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the ACA using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations
endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad
coverage. The ACA consisting of City of Kennewick, PO Box 6108, Kennewick WA
99336; City of Pasco, PO Box 293, Pasco WA 99301; and City of Richland, 505 Swift
Blvd., Richland WA 99352, shall be named as additional insureds under the
Contractor's Commercial General Liability insurance policy with respect to the work
performed for the ACA.
b. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 per each occurrence, $2,000,000 general aggregate and $2,000,000
products completed operations aggregate limit.
C. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on ISO form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
d. Automobile Liability insurance shall have a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
e. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
f. Law Enforcement Professional insurance in the amount of $500,000.
9.2 Other Insurance Provisions.
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance:
a. The Contractor's insurance coverage shall be primary insurance with respect to this
Contract. Any Insurance, self-insurance, or insurance pool coverage maintained by the
ACA shall be excess of the Contractor's insurance and shall not contribute with it.
b. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the ACA.
9.3 Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:
VII.
9.4 Verification of Coverage.
Contractor shall furnish the ACA with original Certificates of Insurance and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
9.5 Subcontractors
Contractor shall include all subcontractors as insured's under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor. The Contractor shall ensure that the ACA is an additional insured on
each and every Subcontractor's Commercial General Liability insurance policy using an
endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20
37 10 01 for completed operations.
ARTICLE 10. NONDISCRIMINATION
10.1 The Contractor agrees to abide by all Federal, State and/or local ordinances prohibiting
discrimination with regard to employment and client services. If the Contractor
subcontracts, said subcontract shall include appropriate safeguards against discrimination
in such services and employment binding upon each Contractor or subcontractor. The
Contractor shall take such action as may be required to insure full compliance with this
clause, including sanctions for noncompliance. Any violations of this provision shall be
considered a material violation of this Agreement and shall be grounds for cancellation,
termination or suspension in whole or in part by the ACA.
ARTICLE 11. NONASSIGNMENT
11.1 No portion of nor any interest in this Agreement may be assigned to a third party without
the prior written approval of the ACA.
ARTICLE 12. USE OF ACA FACILITIES
12.1 By and through this Agreement, Contractor and its employees or agents shall have the
right to use such portions of the Animal Shelter, which is leased to the ACA by the City
of Pasco. The leased premises shall constitute those areas that are designated by the ACA
for Contractor's use and determined to be necessary to perform the required services under
this Agreement. Contractor shall have no right of access to any other facilities of the ACA
without the prior approval of the ACA Management Committee. The shelter is currently
located at 1312 S. 18th Ave. Pasco, Washington. Contractor's use of the premises shall be
subject to the following:
12.1.1 Permitted Use:
a. The premises shall be used for animal control operations conducted for the cities of
Kennewick, Washington, Pasco, Washington, and Richland, Washington pursuant to
enforcement of Tri -City Animal Control Authority agency ordinances and for no other
purpose without the written consent of the ACA.
b. The ACA shall have the right to lease unused areas in the shelter, provided that the ACA
and Contractor shall work cooperatively to determine the best utilization of the space in
the facility.
1. Restrictions on Use:
In connection with the use of the Premises, Contractor shall:
A. Conform to all applicable laws and regulations of any public authority
affecting the Premises and its use thereof.
B. Refrain from any activity (other than those activities within Contractor's
normal and customary course of conduct) that would make it impossible to
insure the Premises against casualty or that would substantially increase the
insurance rate.
C. Refrain from any use that creates a nuisance.
D. Refrain from loading the electrical system or floors beyond the point
considered safe by a competent engineer or architect selected by Landlord.
E. Not cause or permit any Hazardous Substance to be spilled, leaked, disposed
of, or otherwise released on the Premises.
F. Not cause or permit litter, garbage or other refuse or debris to accumulate
on the Premises except in suitable garbage containers.
2. Repairs and Maintenance:
The ACA shall be responsible for all repairs and maintenance necessitated by
Contractor's reasonable use and occupancy, including, but not limited to the
following:
A. Repairs of the roof and gutters, exterior walls, bearing walls, structural
members, floor slabs and foundation.
B. Repair of exterior water, sewage and electrical services up to the point of
entry to the Premises.
C. Repair of heating and cooling systems.
D. Repair of interior walls, ceilings, doors, windows, and related hardware,
light fixtures, switches, wiring and plumbing.
3. Alterations:
A. Contractor Alterations Prohibited. Contractor shall make no improvements
or alterations on the Premises of any kind without first obtaining the ACA's
written consent. All alterations shall be made in a good and workman -like
manner, and in compliance with plans submitted to and approved by the
Landlord and in accordance with applicable laws and building codes.
B. Ownership and Removal of Alterations. All improvements and alterations
performed on the Premises by Contractor shall be the property of Landlord
when installed unless the applicable Landlord's consent specifically
provides otherwise. Improvements and alterations installed by Contractor
shall, at Landlord's option, be removed by Contractor and the Premises
restored, at Contractors expense, unless the applicable Landlord's consent
specifically provides otherwise.
4. Property Insurance and Waiver of Subrogation:
City of Pasco shall purchase and maintain during the term of the lease all-risk
property insurance covering the Building for its full replacement value without any
coinsurance provisions.
Contractor and City of Pasco hereby release and discharge each other from all
claims, losses and liabilities arising from or caused by any hazard covered 100%
by property insurance on or in connection with the premises of said building. This
release shall apply only to the extent that such claim, loss or liability is covered
100% by insurance.
City of Pasco will insure personal property of the ACA in the amount equal to the
value of the ACA -owned inventory and is under no obligation to insure any of
Contractor's personal property located in the Premises.
5. Utilities:
ACA shall provide and pay for the following utilities: electric service, gas, water
and sewer services. Contractor shall provide telephone and communication
services, garbage disposal services, janitorial services, and security services as
needed.
6. Damage or Destruction:
If the Premises are damaged or destroyed in whole or in part by no fault of
Contractor, and Contractor is unable to provide services required by Agreement,
the ACA may, at its option, elect to terminate this Agreement upon thirty (30) days'
notice.
7. Surrender:
Upon expiration of the Agreement term or earlier termination as provided herein,
Contractor shall surrender the Premises in the same condition as at the
commencement of its use, reasonable wear and tear expected.
ARTICLE 13. RESPONSIBILITY FOR SUPPLIES AND MATERIALS
13.1 The ACA shall have no responsibility for the loss, theft, mysterious disappearance or
damage to all equipment, tools, materials, supplies and other personal property of
Contractor or its employees, agents or subcontractors, which may be stored on ACA
premises. Contractor shall provide the ACA an inventory of property no later than January
15, each year. Upon termination or expiration of this Agreement a walk-through of the
premises shall be performed to reconcile the inventory of property. Failure to participate
in the post -service walk-through by the Contractor shall constitute a waiver of any claim
to ownership of disputed equipment or inventory.
ARTICLE 14. TERMINATION OF AGREEMENT
14.1 This Agreement may be terminated under the following conditions:
a. By written mutual agreement of both parties. Termination under this provision may
be immediate.
b. Without cause upon six (6) months written notice by either party to the other of
intent to terminate.
C. The ACA may in its sole discretion, unilaterally terminate this contract on thirty
(30) days written notice for documented performance failures pursuant to this
agreement. Contractor maybe allowed 30 days to correct conditions not in
compliance with this Agreement. At its sole discretion, the ACA may extend the
30 -day cure period based upon the progress of the Contractor to correct conditions
in the initial 30 -day period or any factors outside the control of the Contractor that
prevent correcting the condition within the initial 30 days.
i. The ACA may, in its sole discretion, unilaterally terminate this contract,
without notice, for emergency law enforcement action such as a
criminal investigation, criminal charges or civil complaint against the
Contractor, its agents, employees, assigns or subcontractors related to
the performance of this agreement.
d. Upon thirty (30) days' notice by the ACA, in the event of property loss of the leased
premises, natural disaster preventing performance under this Agreement.
e. The Contractor may in its sole discretion, unilaterally terminate this contract on
thirty (30) days written notice for documented performance failures pursuant to this
agreement. ACA may be allowed 30 days to correct conditions not in compliance
with this Agreement. At its sole discretion, the Contractor may extend the 30 -day
cure period based upon the progress of the ACA to correct conditions in the initial
30 -day period or any factors outside the control of the ACA that prevent correcting
the condition within the initial 30 days.
If this Agreement is terminated by either party, the ACA agrees to pay to the Contractor
all costs and expenses associated with services provided to the effective day of termination.
Monies due and payable will be pro -rated based on the number of service days performed
through the date of termination.
Notwithstanding any termination hereunder, all requirements of this Agreement shall
remain in full force and effect through the date of termination upon written notice.
ARTICLE 15. STANDARD OF SERVICES
15.1 Contractor agrees to perform services with the standard of skill and diligence normally
provided by a professional organization in the performance of similar services. It is
understood that the Contractor must perform the services based in part on information
furnished by ACA and that Contractor shall be entitled to rely on such information.
However, Contractor is given notice that ACA will be relying on the accuracy, level of
competence and completeness of Contractor's services in utilizing the results of such
services. To further this level of service, the Contractor will develop, within 90 days of the
beginning of this Agreement, a set of written operational procedures relating to daily
operations, including but not limited to euthanasia procedures. Such procedures shall be
subject to the approval of the ACA and the Contractor will be accountable for compliance
with such procedures.
15.2 Additional standards of service requirements shall include, but not be limited to, the
following:
• Maintain good customer service skills.
• Animals and residents shall be treated respectfully and courteously at all times.
• Encourage community involvement through volunteer opportunities if desired by
contractor
• Be responsive to city/citizen requests.
• Maintain a professional appearance.
• Maintain professionalism with the public and public agencies.
15.3 Contractor warrants that the recommendations, guidance, training and performance of any
person assigned under this Agreement shall be in accordance with generally -accepted
practices for handling and treatment of animals, professional standards and applicable
regulatory practices, and requirements of this Agreement.
ARTICLE 16. TERM OF AGREEMENT
16.1 This is an emergency contract that shall be effective November 11, 2021 until May 31,
2022, at which time this contract shall terminate and be replaced with a new contract, unless
either party elects not to enter into such new contract.
ARTICLE 17. SURVIVAL
17.1 The terms, conditions, representations, and all warranties contained in this Agreement shall
survive the termination or expiration of this Agreement.
ARTICLE 18. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
18.1 See Attachment A — Scope of Work.
ARTICLE 19. FEES
19.1 The Contractor agrees to provide animal control services as herein specified and in the
manner specified. The ACA shall have no liability for taxes, insurance or other expenses
associated with the performance of the Contractor's duties hereunder. The ACA shall
compensate the Contractor in monthly installments in an amount according to the
Compensation Schedule included with Attachment B. The Contractor shall be responsible
for collecting appropriate impounding fees and boarding fees and shall be responsible for
remittance to the Cities according to the Fee Schedule included with Attachment C.
ARTICLE 20. METHOD OF PAYMENT
20.1 Payment shall be made within 10 days upon receipt by ACA of a written invoice to be
provided to ACA by Contractor at the end of the month in which services were rendered.
ARTICLE 21. PUBLICITY
21.1 Contractor shall not use in its external advertising, marketing programs, or other
promotional efforts any data, pictures, or other representations of the ACA except on prior
specific written authorization from ACA.
ARTICLE 22. SUBCONTRACTING
22.1 The Contractor shall not employ other subcontractors without prior written approval of the
ACA nor shall the duties of the Contractor under the contract be delegated without prior
written approval of the ACA. Unless otherwise expressly agreed by ACA, the Contractor
shall remain responsible for the quality and timeliness of performance notwithstanding any
delegation of said required performance.
22.2 The Contractor will assume full responsibility for administering and managing all of its
subcontractor(s). All ACA communications concerning any subcontractor will be directed
through the Contractor's resident general manager.
22.3 The ACA may enter into agreement with other jurisdictions in the area to provide animal
control services. Contractor shall enter into these agreements only upon mutual written
agreement between the ACA and Contractor. The Contractor is prohibited from entering
into agreements or providing animal control services with other jurisdictions without prior
written approval of the ACA.
ARTICLE 23. INSPECTIONS AND RECORDS
23.1 The Contractor shall submit to inspections of the premises and records by representatives
of the ACA at any time, without prior notice. Such inspections may include, but not limited
to, financial audits, records audits, inspection of kennels, or observation of procedures. The
Contractor will also submit to inspection and oversight by a professional oversight
committee appointed by the ACA. Contractor agrees to maintain all records with respect
to services provided under this Agreement for six (6) years and shall maintain such records
in such a manner as to preserve those records in case of a public records request. Contractor
shall fully comply with ACA and Cities to respond to applicable requests for public
records.
ARTICLE 24. SIGNATURE PAGE
24.1 The Contractor and the ACA hereby agree to all provisions of the Agreement. Signed this
day of 2022, Pasco. Washington.
CITY OF PASCO, WASHINGTON CONTRACTOR
Dave Zabell, City Manager Cecilia O'Shaughnessy, Board President,
Benton -Franklin Humane Society
ATTEST:
Autumn White, Executive Director
Debra Barham, City Clerk
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC, City Attorney
ATTACHMENT A - SCOPE OF SERVICES
DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
Enforcement of Animal ReEulatory Laws
The Contractor shall be fully responsible for taking animals into custody, transporting animals,
administering and enforcing animal control regulations, investigating animal control complaints,
as well as enforcing action(s) in accordance with the Cities' respective municipal codes and the
Revised Code of Washington (RCW). Responsibilities of the Contractor shall include, but may not
be limited to, the following:
Field Service Calls: The Contractor shall initiate within one business day during normal
business hours of the Shelter, an investigation and follow up on all animal control
complaints referred to it by the public, appropriate officers, health services or other entities
where the complaints constitute violations of Kennewick, Pasco or Richland municipal
codes. Records shall be kept on each complaint, to include action(s) taken and
disposition(s). Examples of field service calls may include but are not limited to:
• Domestic animal at large
• Barking dog
• Unlicensed dog or cat in participating
cities
• Dog or cat with no rabies vaccination
• Dog threatens person
• Dog threatens domestic animal
• Dog or cat bite
• Abandoned animal
• Animal cruelty
• Dead on arrival dog or cat
• Confined dog or cat
• Trapping dog or cat
• Dangerous or potentially dangerous dog
• Kennel inspections
• Dangerous dog inspections
• Injured or sick domestic animal • Inherently dangerous mammal or reptile
• Assist law enforcement agencies upon inspections
request • Special Assistance
2. Apprehension: Apprehend and impound stray dogs and cats. The Contractor shall direct its
animal control officer(s) to return the dog or cat to the owner, if known, while the officer
is in the field and issue a written warning or civil citation to the owner instead of
impounding the animal for a first-time offense. Subsequent offenses shall be impounded.
Vicious animals at large must be impounded including first-time offenses. Complete and
accurate records of all apprehensions and impounds, including disposition of the animal,
shall be maintained.
3. Secure evidence of suspected violators: Evidence shall be recorded, properly identified,
and stored in a secure location.
4. Distressed Animals: Animals in distress, including hardship cases, such as owner arrest or
house fires, must be impounded. If a distressed animal cannot be safely impounded, based
on the professional opinion of a qualified veterinarian, it must be destroyed immediately.
The method used for euthanasia must be approved by the ACA.
5. Hazard Removal: Dead animals whose owners are unknown and which constitutes a traffic
hazard on City roadways and Rights -of -Way must be removed. In instances where a hazard
exists which is a violation of local ordinance but the animal is alive, the animal shall be
impounded. The Contractor shall not be responsible for the collection and disposal of dead
animals found on private property.
6. Disposal of Dead Animals: The Contractor shall pick up and remove small or large dead
animals from City roadways and Rights -of -Way within six (6) hours of notification during
normal business hours. If outside of normal business hours, the dead animals shall be
removed within sixteen (16) hours of initial notification.
7. Emergency Response: The Contractor for animal control enforcement shall be available
twenty-four (24) hours a day, seven (7) days a week, on an emergency response basis.
Emergency response shall be for any of the following:
a. Vicious animals, or animals wild or domestic that may reasonably constitute a
hazard to persons or other animals or threaten public safety.
b. Animals with life-threatening injuries.
C. Hardship cases or law enforcement assistance matters.
d. Special Assistance.
8. Court Appearances: The Contractor's personnel may, on occasion, be required to appear in
court in support of enforcement action. The Contractor shall not receive additional
compensation for these appearances and shall be timely and professional in all such
appearances.
9. Special Assistance: From time to time special assistance may be required to respond to
unique circumstances and/or animal care needs. Such special assistance or care shall be the
responsibility of the Contractor.
10. Citation Authority: Issue civil citations for the violation of animal regulatory ordinances.
11. Reporting: Provide complete and accurate reports, in a format approved by the ACA, to
the Cities by the 15th of the following month pertaining to the enforcement activities.
12. Telephone: Provide a telephone call receiving system that can accommodate high call
volume and ensure that a message can be left if a person is not available to receive the call.
Contractor shall use best efforts to ensure that phone messages are retrieved within 10
minutes. Emergency callers shall be contacted immediately upon receipt of the message.
After hour emergency calls shall be routed to an on-call employee or answering service.
All calls for service shall be logged and a disposition recorded.
13. Enforcement Officers: A minimum of one enforcement officer will have at least three (3)
years' experience in animal control enforcement and will possess current enforcement
certification. (These requirements may be temporarily waived by agreement of the
Contractor and ACA). All enforcement officers will obtain certification within the
minimum time period and will maintain current status of certification. All enforcement
officers shall be suitably uniformed to present a clean, respectable image to the public. The
Contractor shall be responsible for securing limited enforcement -commissions from each
City to enable the officers to enforce the terms of the Cities' animal regulatory ordinances.
All enforcement officers will be trained in the issuance of citations, as well as investigation,
reports preparation and court procedure, in addition to training in methods of animal
control and handling procedures.
14. Cruelty Complaints: Respond to and provide resolution to complaints regarding animal
cruelty. Whenever evidence of criminal animal cruelty is discovered, such complaints will
be coordinated with the appropriate law enforcement agency for further investigation,
along with a written report.
15. Activities Not Covered: The Contractor shall not generally be responsible for the following
items:
a. Responding to complaints or incidents involving wild animals, except, where it is
in the interest of public safety that the Contractor respond or the public safety is
impaired by the presence of a wild animal, dead or alive, on a public roadway or
within the Right -of -Way.
b. Rehabilitating and restoring to health animals that have been injured, neglected or
abused beyond the basics of shelter, food and water that is not required by State
law.
Animal Shelter Facilities
The Contractor shall provide animal shelter services at the ACA leased facility for all animals for
which impounding or quarantine is authorized or ordered by this Agreement, by the Cities or the
Benton -Franklin Health District for animals' subject to the Cities' jurisdiction. These facilities
shall be operated and maintained on a 24-hour per -day basis, in a neat, clean and sanitary condition,
in compliance with all applicable governmental statutes. ordinances, rules and regulations and in
conformity with established standards for humane animal care.
1. Shelter Hours: The Shelter or shelter representative shall be accessible for contact 24 hours
per day, seven days a week on an emergency response basis for the purposes of animal
control. The animal shelter facility shall be opened to the public, with qualified staff on the
premises, on a schedule approved by the ACA. The shelter may be closed on the following
Holidays.
a. Holiday Schedule
i. New Year's Day v. Veterans Day
ii. Memorial Day vi. Thanksgiving Day
iii. Independence Day vii. Christmas Day
iv. Labor Day
2. Delivery of Animals: The Contractor shall provide a procedure whereby animals may be
delivered to the shelter on a 24-hour basis.
3. Building: Contractor shall equip and organize the shelter to have an adequate number of
dog kennels and cat cages, isolation facilities for sick dogs and cats, quarantine facilities
for biters or injured animals which are not necessarily sick, and access to large animal
housing. The animal shelter shall be maintained in a clean and sanitary condition and the
Contractor will not permit any condition to exist that might constitute a public nuisance.
The kennel shall comply with the standards set forth in the Humane Society's Uniform
Standards Guidelines (HSUS) for the operation of an animal shelter. The facility site shall
be operated in conformance with local zoning regulations and shall comply with all
Federal, State and local regulations,
4. Acceptance and Care of Animals: The Contractor shall provide care and treatment to all
animals held in custody consistent with industry standards. Adequate housing and food
shall be provided, and the shelter shall not be overpopulated.
5. Owner Surrender: The Contractor shall accept "Owner Surrender" of dog(s) and/or cat(s),
upon payment of such reasonable cost to be established by the Contractor and reviewed by
the ACA, to recover expenses relating to acceptance of such animals. Owner surrenders
will be conducted at the main BFHS Facility at 1736 East 7th Avenue Kennewick, WA
6. Reunification: Contractor must make all reasonable attempts to reunite animal with owner
before euthanasia or adoption to include accessing current licensing records, using contact
information on owner provided tags worn by the animal and scanning all animals to the
extent possible to detect implanted computer chips. The owner, if determined, shall be
contacted immediately. If contact cannot be established through phone or in person, a
written notice shall be sent to the owner's listed address at least two days prior to a hold
being removed. Records of attempts to contact the owner shall be kept. Impounded animals
shall be posted on the website and/or any social media outlets utilized within one business
day of receipt of the animal.
7. Adoption: The Contractor shall be responsible for making every reasonable effort to
prepare and present animals for adoption by the public and to facilitate the same.
Unclaimed animals will be made available for claim by ACA approved adoption agencies.
The adoption process shall take place as determined by the ACA in consultation with the
Contractor.
Unclaimed animals are hereby allowed to be maintained by the Contractor at the Animal
Shelter Facility at the expense of the Contractor, as long as space remains available for
incoming stray animals. Any and all adoption fees for animals after the required hold times
are to be retained by the Contactor.
Inspection of Premises: The ACA, through its authorized representatives, shall have the
right to enter upon and inspect the premises during regular business hours for the purpose
of inspecting the facilities for the above-mentioned conditions.
9. Disposal of Unclaimed Animals: The Contractor shall provide for the humane disposal of
unclaimed animals after holding them for a minimum hold time as required by applicable
City Ordinance, unless documented, sickness or injury requires earlier disposal. Under no
circumstances shall animals not adopted be sold for purposes of medical research or other
activities without the consent of ACA. Animals that are abandoned or surrendered at the
shelter will be held for a minimum period of the hold times that are defined as: dogs 72
hours, cats 24 hours; unless age, sickness, and/or injury requires earlier disposal. Animals
that are unable to feed on their own are not required to be held. The Contractor shall be
responsible for maintaining animals beyond the minimum time as may be required for the
completion of any judicial process or to the extent required by law. Animals held longer
than the minimum hold times required by City Ordinance or otherwise stipulated by terms
of this contract are at the expense and responsibility of the Contractor.
10. Euthanasia: Arrange and/or provide for the humane euthanasia and disposal of unwanted
animals. This shall be accomplished in a manner approved by Federal or State regulations
which shall not subject such animals to any unnecessary pain. Euthanasia will be performed
in a non-public area and out of sight of visitors to the kennel. Euthanasia will be performed
by licensed veterinarian or certified technicians only as provided by State law.
11. Financial Records:
The Contractor shall keep comprehensive records and submit regular detail summary
reports to accompany invoices to the ACA by the 15th of the following month. All income
and expenditures shall be recorded in accordance with generally accepted accounting
principles. The financial records may be subject to audit by any governmental agency, or
contractor hired by one of the governmental agencies with jurisdiction at the time and place
mutually convenient to the parties during the term and for a period of six (6) years
thereafter. Contractor understands that certain records may be subject to State -mandated
retention and shall be kept for a minimum of six (6) years.
12. Volunteer Program: The Contractor will encourage community involvement through
volunteer opportunities if desired by contractor. Volunteer activities could include pet
enrichment activities, office help, transportation to vet appointments, donation pick-ups,
adoption events, and cleaning tasks. Any volunteer program is subject to the policies,
processes, and procedures established by the Contractor's organization.
13. Foster Program: The Contractor will manage a Foster Program to help alleviate
overcrowding. The Foster Program will benefit dogs and cats that may have behavior
challenges, the elderly, sick or recovering from surgery, and puppies and kittens that need
24/7 care.
14. Education: Provide education to the public. Which can include but not limited to:
a. Dog bite prevention program
b. Public service announcements
c. Community outreach — fair booth, license clinics, special events, etc.
15. Website: Update and maintain all facets of the website. Including:
a. Lost & Found Pets
b. Adopt a New Pet
c. Our Pet List
d. Foster Program
e. Photo Gallery
f. Volunteer Opportunities
16. Telephone Number and Name: The shelter telephone number (509) 545-3740, facsimile
number (509) 545-9293 and names, "Tri -City Animal Shelter & Control Services" & "Tri -
City Animal Shelter" belong to and are owned by the ACA and will remain the property of
the ACA upon termination of this contract. Each Member City of the ACA will list the
number along with other City services in Agency directory and/or Agency Website.
Additional listings in the yellow pages or other directories are the responsibility of the
Contractor.
17. Pound Master: The Contractor shall be the Cities' Pound Master(s).
18. Collect Fees: The Contractor shall be responsible for collecting appropriate impounding
and boarding fees, according to the Attachment C Fee Schedule, and submitting such fees
to the respective Cities monthly. Failure to collect and submit fees can result in ACA
withholding service payment until resolved.
19. Licenses: The Contractor shall ensure that all animals released or adopted are properly
licensed and vaccinated for rabies in accordance with City ordinances, and shall remit
license fees to the Cities.
Equipment
1. The Contractor shall be responsible for and obtain all equipment, tools and supplies used in
performing the Contractor's obligations arising under this agreement. All equipment, tools &
supplies that are donated to the Contractor for use in obligations under this contract, purchased
with ACA funds and/or the ACA has furnished or expressly promises to furnish with set-aside
funds shall become property of the ACA upon termination of this contract. ACA funds shall
include the approved Contractor budget and any set-aside funding. Operating supplies, such
as office & cleaning supplies, forms and food are not to be included on the inventory.
Contractor shall, upon termination of the contract maintain sufficient and reasonable
operating supplies so that an incoming contractor can maintain reasonable service levels
without interruption.
2. The Contractor shall have computer chip detection equipment to be able to detect and read
computer chips in animals to assist in locating the owner.
3. Animal Transport Equipment: The ACA will provide 3 patrol vehicles under this contract as
identified in the vehicle set-aside of the Compensation Schedule. Vehicles purchased with
ACA funding will remain the property of the ACA upon termination of this contract. The
ACA shall be responsible for licensing and maintaining the ACA patrol vehicles to carry out
the enforcement activities of the contract. The patrol vehicles shall have a uniform
appearance, be conspicuously marked and identified, equipped with communication
equipment and equipped in such a manner as to provide humane treatment for the animals
transported. Communication equipment may be provided through handheld radio or cellular
phone device upon approval of the ACA. Contractor shall provide documentation of
comprehensive, bodily injury, liability and property damage insurance coverage for a
minimum limit of $1,000,000 for all vehicles used in performance of this contract. The
Contractor will begin the initial term of this contract with the following ACA vehicles:
2014 Ford Transit— VIN# NMOLS6E70E1157980
2015 Ford Transit — VIN# NMOLS6E73F1176699
2007 Ford PU — VIN# 1FTRF12277KC62235
2003 Chevrolet Cargo Van — VIN41 GCHG35U831211943
Other equipment, tools & Supplies that Contractor provides for use in obligations under this
agreement that are not purchased with ACA funds shall remain the property of the Contractor.
Records and Reports
The Contractor shall be required to develop its own record-keeping procedures and to maintain
records of all animals it handles in accordance with applicable public records statutes as outlined
in the Revised Code of Washington.
1. Reports including but not limited to:
a. Number of impounds
b. Number of adoptions
C. Number of emergency responses
d. Disposition of complaints regarding animals
e. Dangerous or potentially dangerous animals and dog -bit incidents
f. All initiated criminal citations issued
g. Any additional information that may be required by a City through its regulatory
ordinances
h. Number of animals destroyed by euthanasia
2. The Reports shall include the following information:
a. description of animal;
b. reason it was brought in;
C. who brought in the animal;
d. from what City the animal was brought in;
e. time frame, of when animal brought in, how long it stayed, when released,
redeemed, adopted, euthanized;
f. fees collected.
g. record of all adoptions with names and addresses of new owner;
h. record of licenses sold with names and addresses.
Failure to Submit: Failure to submit records, reports and/or fees as required in this
agreement to the ACA can result in ACA withholding service payment until resolved.
The above -required information shall be available to ACA on a monthly basis on approved
forms as requested and shall be accessible to the ACA during normal business hours. Fees
collected and record of licenses sold including names and addresses shall be delivered to
the appropriate City on a monthly basis. Financial and other statistical information shall be
provided monthly by the 15th of the following month as required by ACA. The appropriate
City shall also receive records of all dangerous or potentially dangerous dog -bite incidents,
to the best of the Contractor's ability.
ATTACHMENT B - COMPENSATION SCHEDULE
Pro -Rated Budget
Benton Franklin Humane Society Initial Budget
Medical/Vet
Supplies
$77.41
Prescriptions
$22,770.04
Lab and Testing
Outsourced Vet Fees or In -House Vet Salary
$202,801.66
Total
$225,649.11
Animal Care
Kennel Supplies
$88,535.34
Dog and puppy food
$16,892.60
cat and kitten food
$4,029.87
Litter
$10,355.22
Small Animal Supplies and Feed
$82.65
Medical Supplies
$17,413.04
Rabies Vax
$701.20
Dog vax & Bordetella
$9,922.18
Cat Vax
$6,857.67
Parasiticides
$16,141.95
SNAP tests
$2,583.15
Microchips
$1,664.00
Leashes and Collars
$3,751.39
1 D Tags
$1,432.28
Prescription Drugs
$8,142.90
Foster Care Supplies
$350.93
Medicated Shampoo
$2,583.15
Total
$191,439.53
Bldg Maint
Repair & Maint (Bldg)
$4,133.04
Repair & Maint (Equip)
$1,394.90
HVAC Maint
$1,549.89
Total
$7,077.83
Vehicle Fees
Insurance
$11,365.86
General Maintenance
$7,232.82
Gas
$9,299.34
Registration
$536.27
Total
$28,434.29
Property and Business Tax
$6,941.33
General Liability Insurance
$9,505.99
Professional Fees
CPA Firm (audits every 2nd year)
$4,596.46
Answering Service
$14,465.64
Other Prof. Fees
$4,590.91
Payroll Service (timesheets)
$1,885.16
Bank Fee
$1,037.94
Merchant Processing
$251.87
TOTAL
$26,827.98
Utilities
Electricity
Covered by ACA
Water/Sewer
Covered by ACA
Gas
Garbage
$6,199.56
Business Phone/Internet
$8,740.16
Cellular Service
$13,949.01
Equipment Rental
$82.32
Security System
$5,698.53
Hazardous Waste Disposal
$545.33
Grounds Maintenance/Lnsc
Covered by ACA
Total
$35,214.92
Direct Mail
$0.00
Salaries and Insurance
Group Insurance/Benefits
$77,494.50
Payroll Tax
$57,528.76
Salaries and Wages
$ 844,800.00
Total
$979,823.26
Special Events and
Fundraising
$0.00
Administration
Shelter Buddy Software
$9483.19
Returned Checks
$40.00
Volunteer Recognitions
$0.00
Office Supplies
$2,789.80
Printing
$2,789.80
Copier
$3,325,54
Comp Repairs/Phone Maint
$3,099.78
Safety/First Aid Supplies/CPR
$3,030.97
Dues and Subscriptions
$5,294.55
Travel, Conference, Training,
$3,616.41
Meals and Trans
$325.48
Uniforms
$3,214.24
Janitorial Supplies
$2,583.15
Employee Recognition
$398.37
Business Cards
$332.80
Total
$36,998.54
Operating Expense
Bank Service Charge
$309.98
Merchant Processing
$9,299.34
Office Expense
$0.00
Total
$12,871.88
Grand Total
$1,512,865.21
Pro Rated Monthly Fee
$126,072.10
Monthly Rate per ACA Member
$42,024.03
ATTACHMENT C - FEE SCHEDULE
Fees/Hold Times/Dangerous Dog Kennewick Pasco Richland
Penalty Witntinn)
First Offense
$50.00
$50.00
$30.00
Second Offense
$100.00
$100.00
$50.00
Third Offense
$200.00
$200.00
$75.00
Four or more
$400.00
$400.00
$100.00
Annual License Fees
Unaltered Cats and Dogs
$0.00
$45.00
$45.00
Altered Cats and Dogs
$0.00
$10.00
$10.00
Dangerous or Wild Animal Permit
$250.00
$250.00
$250.00
Impound Fee
First $10.00 $35.00 $35.00
Second $50.00 $50.00 $35.00
Three or More $100.00 $100.00 $35.00
Hourly time for animals
Cats w/o License 24 48 72
Cats w/ License and Dogs 72 72 72
10 -day Temporary License Yes Yes Yes
ATTACHMENT D - ADDITIONAL FEES/COSTS RE
EMERGENCY TAKEOVER
FEES
$1,500 p/week, billable monthly, until
contract is terminated or long-term
Emergency Contract Addt'I Fees
contracted is executed
Paid by ACA to BFHS.
Paid for by ACA, asset
belongs to ACA as part
of long-term fixed asset
inventory. Quote sent
Replacement of dangerous, unhealthy
by BFHS for kennels
cat kennels in TCAS shelter facility to
meeting standards of
Cat Kennel Replacement
meet standards of care
care.
Work paid for and
performed by ACA or
their separate 3`d party
contractors. Room
remains out of
operation until this
item is complete and
Remove animal waste, clean, and
may interfere with
disinfect drains in puppy/small dog
ability to provide
Puppy Room Drain Cleaning and
rooms until safe for human and animal
services to community
Disinfectant
occupancy
due to limit in space.
Bring the facility up to building code
Work paid for and
with the installation of fire
performed by ACA or
suppression systems and smoke/fire
their separate 3`d party
Building Code Upgrade
detection systems, rodent control, etc.
contractors.
BFHS is able to provide
a quote for this items
required.
Reimbursement by ACA
for labor and items vs
payment and services
provided by ACA
and/or their own
Bring the IT system up to usable levels
staff/3`d party
so staff can perform work at an
contractor shall be
acceptable level expected of any
agreed upon prior to
IT System Upgrade
business.
contract signing.
ATTACHMENT E - FULL SHELTER STAFFING LEVEL
REQUIREMENTS PER ASV GUIDELINES
Hourly
Employer
Position
Current Wage
Paid
Notes
Wage
Benefits?
ACO Supervisor
$ 28.85
$ 60,000.00
Yes
Med/Den benefits paid
ACO Officer 1
$ 20.67
$ 43,000.00
Yes -
$100 towards med/den benefits paid by
partial Pd
EE each mo
ACO Officer 2
$ 20.19
$ 42,000.00
Yes -
$100 towards med/den benefits paid by
20.19
Partial Pd
EE each mo
ACO Officer 3
$ 20.19
$ 42,000.00
Yes -
$100 towards med/den benefits paid by
Partial Pd
EE each mo
ACO Officer 4
$ 20.19
$ 42,000.00
Yes -
$100 towards med/den benefits paid by
Partial Pd
EE each mo
Med/Den benefits paid - *1/2 salary as
Executive Director
$45.69
$ 47,520.00
Yes
they will coordinate between both
programs
Med/Den benefits paid - *1/2 salary as
Executive
$ 21.63
$ 22,500.00
Yes
they will coordinate between both
Assistant
programs
Finance
*1/2 salary as they will coordinate
Manager/Business
$ 33.65
$35,000.00
No
between both programs
Office Manager
Shelter Operations
$ 22.60
$ 23500.00
,
Yes
*1/2 salary as they will coordinate
Manager
between both programs
Shelter Operations
$ 16.25
$ 33,800.00
No
Team Lead
Admissions
$ 16.75
$ 34,480.00
No
Coordinator
Foster Coordinator
$ 16.83
$ 17,500.00
No
*1/2 salary as they will coordinate
between both programs
Volunteer
$ 21.15
$ 22,000.00
No
*1/2 salary as they will coordinate
Coordinator
between both programs
Front Desk - FT
$ 15.00
$ 31,200.00
No
Front Desk - FT
$ 15.00
$ 31,200.00
No
Front Desk - FT
$ 15.00
$ 22,500.00
No
Part-time Staff Member
Animal Care Aide
$ 15.00
$ 31,200.00
No
Animal Care Aide
$ 15.00
$ 31,200.00
No
Animal Care Aide
$ 15.00
$ 31,200.00
No
Animal Care Aide
$ 15.00
$ 31,200.00
No
Animal Care Aide
$ 15.00
$ 31,200.00
No
Animal Care Aide
$ 15.00
$ 31,200.00
No
Animal Care Aide
$ 15.00
$ 31,200.00
No
Animal Care Aide
$ 15.00
$ 22,500.00
No
Part-time Staff Member
Animal Care Aide
$ 15.00
$ 22,500.00
No
Part-time Staff Member
Shelter Care Aide
$ 15.00
$ 31,200.00
No
TOTAL $ 844,800.00