HomeMy WebLinkAboutA2Z Animal Sheltering Services - 2007 Personal Svs Agmt Animal Control PERSONAL SERVICES AGREEMENT
by and between
Animal Control Authority of Cities of Kennewick, Pasco & Richland
and
Angela C. Zilar
Table of Contents
ARTICLE 1. PURPOSE OF AGREEMENT......................................................... 1
ARTICLE 2. WHOLE AGREEMENT ................................................................... 1
ARTICLE 3. WRITTEN NOTICE ...............................................................•......... 1
ARTICLE 4. GOVERNING LAW/VENUE............................................................ 2
ARTICLE 5. ATTORNEY FEES .......................................................................... 2
ARTICLE 6. JUDICIAL RULINGS ....................................................................... 2
ARTICLE 7. INDEPENDENT CONTRACTOR .................................................... 2
ARTICLE 8. INDEMNIFICATION AND HOLD HARMLESS ................................ 2
ARTICLE 9. INSURANCE................................................................................... 3
ARTICLE 10. NONDISCRIMINAT ION................................................................. 4
ARTICLE 11. FUNDING............................................................... ...4
....................
ARTICLE 12. NONASSIGNMENT....................................................................... 5
ARTICLE 13. USE OF ACA FACILITIES ............................................................ 5
a. Permitted Use:........................................................................................... 5
b. Restrictions on Use: .................................................................................. 5
c. Repairs and Maintenance:......................................................................... 5
d. Alterations:.................................................................................................. 6
e. Property Insurance and Waiver of Subrogation:........................................ 6
f. Utilities:...................................................................................................... 6
g. Damage or Destruction:............................................................................. 6
h. Surrender:.................................................................................................. 7
ARTICLE 14. RESPONSIBILITY FOR SUPPLIES AND MATERIALS................ 7
ARTICLE 15. TERMINATION OF AGREEMENT................................................ 7
ARTICLE 16. STANDARD OF SERVICES ......................................................... 8
ARTICLE 17. TERM OF AGREEMENT .............................................................. 8
ARTICLE 18. SURVIVAL .................................................................................... 8
ARTICLE 19. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR ...... 8
ARTICLE 20. FEES............................................................................................. 9
ARTICLE 21. METHOD OF PAYMENT .............................................................. 9
ARTICLE 22. PUBLICITY.................................................................................... 9
ARTICLE 23. SUBCONTRACTING..................................................................... 9
AR"T"ICLE 24. SIGNATURE PAGE .................................................................... 10
ATTACHMENTA............................................................................................... 11
Enforcement of Animal Regulatory Laws........................................................ 11
Animal Shelter Facilities ................................................................................. 14
ATTACHMENT B COMPENSATION SCHEDULE
ATTACHMENT C FEE SCHEDULE
PERSONAL SERVICES AGREEMENT
This AGREEMENT is made and entered into this 1st day of April 2007, by and between
Angela Zilar, 1312 South 18th Avenue, Pasco, WA 99301 (or at any other location where
the Cities' constructs or maintains an animal shelter) ("Contractor" herein) and Cities of
Kennewick, Pasco and Richland, political subdivisions of the State of Washington
(collectively "ACA" herein), an unincorporated association composed of the cities of
Kennewick, Pasco, and Richland, political subdivisions of the State of Washington
(collectively "ACA" herein).
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. 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 an authorized officer, employee, agent or other
representative of the contracting parties.
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
Gary Crutchfield, City Manager Angela C. Zilar
Address: PO Box 293 Address: 1312 South 18th Avenue
Pasco, WA 99301-01293 Pasco, WA 99301
Telephone: (509) 544-3404 Telephone: (509) 545-3740
Fax: (509) 545-3403 Fax: (509) 545-6293
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ARTICLE 4. GOVERNING LAWIVENUE
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 Benton
County Superior Court.
4.2 All rights and remedies of the ACA 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 the ACA 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.
ARTICLE 5. ATTORNEY FEES
5.1 Attorneys 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 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, Richland, and Pasco, 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.
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.
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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 will
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
ACA consisting of City of Kennewick, PO Box 6108, Kennewick WA 99336, City
of Pasco, PO Box 293, Pasco WA 99301, City of Richland, 505 Swift Blvd.,
Richland WA 99352, shall be named as an insured 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 each occurrence, $2,000,000 general aggregate.
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 with 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. Property insurance shall be written on an all risk basis.
g. Property insurance shall be written covering the full value of Contractor's
property and improvements with no coinsurance provisions.
h. Law Enforcement Professional insurance in the amount of$500,000.
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:
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a. The Contractor's insurance coverage shall be primary insurance as respects the ACA.
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.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:
VII.
Verification of Coverage
Contractor shall furnish the ACA with original certificates 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.
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.
ARTICLE 10. NONDISCRIMINATION
10.1 The Contractor agrees to abide by all Federal, State and/or City 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. FUNDING
11.1 In the event the Management Committee of ACA reduces, changes, eliminates or
otherwise modifies the funding for the project identified herein, Contractor agrees to
abide by any such decision up to and including termination of service. In the event
of termination, notice shall be as stipulated in Article 15 Termination of Agreement.
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ARTICLE 12. NONASSIGNMENT
12.1 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 13. USE OF ACA FACILITIES
13.1 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 located at 1312 S. 18th Ave. Pasco,
Washington. Contractor's use of the premises shall be subject to the following:
a. Permitted Use:
1. 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
ACA.
2. 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.
b. Restrictions on Use:
In connection with the use of the Premises, Contractor shall:
1. Conform to all applicable laws and regulations of any public authority
affecting the Premises and its use thereof.
2. 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.
3. Refrain from any use that would tend to create a nuisance.
4. Refrain from loading the electrical system or floors beyond the point
considered safe by a competent engineer or architect selected by Landlord.
5. Not cause or permit any Hazardous Substance to be spilled, leaked,
disposed of, or otherwise released on the Premises.
6. Not cause or permit litter, garbage or other refuse or debris to accumulate on
the Premises except in suitable garbage containers.
c. 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:
1. Repairs of the roof and gutters, exterior walls, bearing walls, structural
members, floor slabs and foundation.
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2. Repair of exterior water, sewage and electrical services up to the point of
entry to the Premises
3. Repair of heating and cooling systems
4. Repair of interior walls, ceilings, doors, windows, and related hardware, light
fixtures, switches, wiring and plumbing.
d. Alterations:
1. 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 workmanlike
manner, and in compliance with plans submitted to and approved by the
Landlord and applicable laws and building codes.
2. 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
Contractor's expense, unless the applicable Landlord's consent specifically
provides otherwise.
e. 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 their 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 by
property insurance on or in connection with the premises or said building. This
release shall apply only to the extent that such claim, loss or liability is covered
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.
f. Utilities:
ACA shall provide and pay for the following utilities: electrical service, gas, and
water and sewer services. Contractor shall provide telephone and
communication services, garbage disposal services, janitorial services, and
security services as needed.
g. Damage or Destruction:
If the Premises are damaged or destroyed in whole or in part, and Contractor is
unable to provide services required by Agreement, the ACA may, at its option,
elect to terminate this Contractor's use tenancy upon thirty (30) days notice.
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h. 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 14. RESPONSIBILITY FOR SUPPLIES AND MATERIALS
14.1 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, subcontractors or material, 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 15. TERMINATION OF AGREEMENT
15.1 This Agreement maybe terminated under the following conditions:
a. By written mutual agreement of both parties. Termination under this provision
may be immediate.
b. Upon nine (9) months written notice by either party to the other of intent to
terminate.
c. Failure to comply with the conditions of this contract may be grounds for
termination. Contractor will be allowed 30 days to correct conditions not in
compliance with Agreement. 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. However, the ACA may
terminate this contract on 60 days notice for documented performance failures.
d. Upon 30 days notice by the ACA, in the event of property loss of the leased
premises, natural disaster preventing performance under this Agreement, or
conviction of a crime committed by the Contractor or one of its agents in the
course of performing under this Agreement.
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
from the ACA.
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ARTICLE 16. STANDARD OF SERVICES
16.1 Contractor agrees to perform services with that 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, 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, and specifically euthanasia procedures,
Such procedures shall be subject to the approval of the ACA and the contractor will
be accountable for compliance.
16.2 Additional standards of service requirements shall include, but not be limited to, the
following:
• Maintain good customer service skills;
• Maximize use of volunteers for animal control operations/adoption
coordination;
• And be responsive to city/citizen requests.
• Professional appearance; and
• Professionalism with the public and public agencies.
16.3 Contractor warrants that the recommendations, guidance and performance of any
person assigned under this Agreement be in accordance with generally accepted
practices for handling and treatment of animals and professional standards and
requirements of this Agreement.
ARTICLE 17. 'TERM OF AGREEMENT
17.1 This Agreement shall remain in full force and effect as written through March 31,
2010, with options for additional two (2) year extensions thereafter.
ARTICLE 18. SURVIVAL
18.1 The terms, conditions, representations, and all warranties contained in this
Agreement shall survive the termination or expiration of this Agreement.
ARTICLE 19. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
19.1 See Attachment A.
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ARTICLE 20. FEES
20.1 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 and boarding
fees and remittance to the Cities according to the Fee Schedule included with
Attachment C.
ARTICLE 21. METHOD OF PAYMENT
21.1 Payment shall be made within 10 days of the end of the month in which services
were rendered and upon receipt by ACA of a written invoice.
ARTICLE 22. PUBLICITY
22.1 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 23. SUBCONTRACTING
23.1 The Contractor shall not employ other contractors 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.
23.2 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.
23.3 Contractor shall abide by and utilize the existing contract between the ACA and
WSU.
23.4 The ACA may enter into agreement with other jurisdictions in the area to provide
animal control services. Contractor shall abide by these agreements 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.
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ARTICLE 24. SIGNATURE PAGE
24.1 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.
24.2 The Contractor and the ACA hereby agree to all provisions of this Agreement.
Signed this 'Om day of 41-In 2007, Kennewick, Washington.
CITY OF KENNEWICK CITY O AS
ROBERT R. HAMMOND, City Manager GA C TC D City Manager
CITY OF RI HL ND CONTRACTOR
J HN C. D BRING ity Manager Angela ar
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ATTACHMENT A
DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
Enforcement of Animal Regulatory 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 in accordance with the Cities' Municipal
Code and the Revised Code of Washington (RCW). The responsibilities will include,
but may not be limited to, the following:
1. Complaints and Referrals: The Contractor shall initiate within one business day
during normal business hours of the Shelter, investigate 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).
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 citation to the owner
instead of impounding the animal fora first time offense. Subsequent offenses shall
be impounded. Vicious animals at large must be impounded. 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 until such time as the evidence is no
longer required.
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, it must be destroyed immediately. The method of euthanization 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 other
instances, where violations of the Code are observed, 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.
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7. Equipment:
a. 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. A current and accurate inventory shall be maintained and
provided to the ACA by January 15 each year. The inventory shall include all
assets of the contractor that are, or will become property of the ACA.
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.
b. The Contractor shall stock dog and cat traps, and cat carrying cases, for use
by citizens. Additionally, 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.
c. 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 contractor 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:
1 - 2004 Nissan, VIN IN6DD26T54C448304,
1 -2004 Nissan, VIN IN6DD26T54C482792,
1 - 1998 Nissan,VIN1N6DD26S8WC390358 for Trade-in on new vehicle in 2007
d. The Contractor shall have vehicle(s)/equipment available for hauling large
animals and provide documentation of insurance coverage. This and 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.
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8. 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:
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.
9. 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.
10. 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.
11, Citation Authority: Issue citations for the violation of animal regulatory ordinances.
12. Reporting: Provide complete and accurate reports, in a format approved by the
ACA, to the Cities by the 15t' of the following month pertaining to the enforcement
activities.
13. Telephone: All telephones must be answered during regular business hours and
there must be a number or rotating contact whereby the contractor may be
contacted 24 hours a day, seven days a week on an emergency response basis.
All calls for service shall be logged and a disposition recorded.
14. 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 criminal complaints and citations, as well
as investigation, reports preparation and court procedure, in addition to training in
methods of animal control and handling procedures.
15. 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 police agency for further
investigation, along with a written report.
16. Activities Not Covered: The Contractor shall not generally be responsible for the
following items:
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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.
17. Records: The Contractor shall be required to develop its own record-keeping
procedure and to maintain records of all animals it handles in the performance of
the contract which shall contain the following information:
a. Description of the animal, including its breed, color, approximate age (adult or
juvenile), sex to the extent it can be determined, disposition, where and how
the animal was obtained and the animal's owner if possible.
b. Disposition of complaints regarding animals.
c. Dangerous or potentially dangerous animals and dog-bite incidents.
d. All initiated criminal citations issued.
e. Any additional information that may be required by a City through its regulatory
ordinances.
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. Statistical information shall be provided monthly as required by
ACA.
18. Random Patrol: In addition to providing the services indicated, the Contractor
shall provide random patrol when available pursuant to a seperate agreement
between any ACA City and the contractor with the understanding that such
agreement will not affect labor or equipment contemplated by this agreement.
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 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 statues,
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 a day, seven days a week on an emergency response basis. The animal
shelter facility shall be opened to the public, with qualified staff on the premises, at
least 40 hours each week, one day being Saturday, on a schedule approved by the
ACA. The shelter will be closed on the following Holidays.
a. Holiday Schedule
i. New Year's Day
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ii. Memorial Day
iii. Independence Day
iv. Labor Day
v. Veterans Day
vi. Thanksgiving Day
vii. The day after Thanksgiving
viii. Christmas 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, which 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 the animal shelter. The facility site shall be operated
in conformance with the local zoning regulations and shall comply with all Federal,
State and local regulations. Contractor shall acquaint themselves with all State
and City ordinances and shall be responsible for obtaining all necessary
approvals, permits and business licenses from each City.
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. 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 extend possible to detect implanted computer chips.
6. 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.
7. 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.
8. Disposal of Unclaimed Animals: The Contractor shall provide for the humane
disposal of unclaimed animals after holding them for a minimum hold time as
15
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.
9. 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 certified technicians only or under
the direction of a certified technician as provided by State law. The manner of
euthanasia must be approved by the ACA.
10. Records: The Contractor shall be required to develop its own record-keeping
procedure and to maintain records of all animals brought into the shelter, which
shall include information on:
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.
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 weekly 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.
11. Equipment: 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
16
include the approved Contractor budget and any set-aside funding. A current and
accurate inventory shall be maintained and provided to the ACA by January 15
each year. The inventory shall include all assets of the contractor that are, or will
become property of the ACA. 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.
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.
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 the blue
pages of the phone company directory. Additional listings in the yellow pages or
other directories are the responsibility of the Contractor.
12. Pound Master: The Contractor shall be the Cities' Pound Master(s).
13. 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 weekly. Failure to collect and submit
fees can result in ACA withholding service payment until resolved.
14. 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.
15. Failure to Submit: Failure to submit records and/or fees as required in this
agreement to the ACA can result in ACA withholding service payment until
resolved.
16. Audit Records and Reporting: The Contractor shall keep comprehensive records
and submit regular detail summary reports 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 shall 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 three (3) years thereafter.
Contractor understands that certain records may be subject to state mandated
retention.
17
C
ATTACHMENT "C" FEE SCHEDULE
Fees / Hold times /
Dangerous Dog: Pasco fee Kennewick fee Richland fee
Penalty(Citation)
First offense 50 50 30
Second offense 100 100 50
Third offense 200 200 75
Four or more 400 400 100
Annual license fees
Unaltered cats and dogs 45 0 45
Altered cats and dogs 10 0 10
Dangerous or Wild Animal Permit 250 250 250
Impound Fees
First 35 10 35
Second 50 50 35
Three or more 100 100 35
Hourly hold times for animals
Cats w/o license 24 48 72
Cats and dogs 72 72 72
10-day Temporary License yes n/a n/a
This table shall be updated as Cities change Ordinance(s) governing fee structure when
applicable.
18
ATTACHMENT'B' Li
nrme ontro u get ��' aP�
Enforcement&Sheltering Enforcement Sheltering Total Cost OEM nforcement Sheltering Total Cost Enforcement 5helterin Total Cost _
Proposed stargng Cost Cost Pro al Cost Cost Proposal Cost Cost Proposal
Shelter Director 27,500 27,500 $ 55,000 28,325.00 28325.00 $ 56,650 29,175 29,175 $ 58,350
Chief Animal Control Officer 42,000 $ 42,000 S 43,280 $ $
43,260 $ 44.556 $ $ 44.558
Officer 1 37,000 $ 37,000 38,110 - $ 38,110 39.253 $ 39,253
Otficer2 35,000 s 35,000 36,050 - $ 36,050 37,132 S 37,132
Officer 35,000 - $ 35,000 36,050 - $ 36,050 37,132 S 37,132
rfi
Dispatch/Front Desk 13,520 13,520 $ 27,040 13,926 13,928 $ 27,851 14,343 14,343 S 28,887
Animal Care M r 7,000 28,000 $ 35,000 7,210 28,840 $ 36,050 7,426 29,705 $ 37,132
Kennel Care Technician 18,T20 $ 18,720 19,282 $ 19,282 19,880 $ 19,880
Kennel Care Technician art-time 8,320 $ 8,320 8.570 $ 8,570 8,827 S 6,827
Kennel Care Technician( art-time) 8 320 $ 8,320 8,570 S 8,570 - 8,827 $ 8,827
Sub-Total: $ 197,020 ; 104,380 # ; 301,400 # S 202,931 S 107 511 f 310,442 # $ 209,019 E 110,737 $ 319,755
Oenan coat $ $
Medicare 4,137 2,192 S 6,329 4 282 2,258 $ 6,519 4 389 2 325 $ B,715
Social Security 12,215 8,472 $ 18,687 12,582 6,668 $ 19,247 12 959 6,866 ; 19,825
Suta/Futa 6,797 3,601 $ 10,398 7,001 3,709 S 10,710 7,211 3,820 $ 11,032
L&i 8,112 5,9281 $ 14,040 •8,355 8108 $ 14,461 8,606 6,289 $ 14,895
Health Insurance-70130 1st yr,85/15 2nd yr,100Y.
3rd em to er/em to ee 12,662 6,626 $ 19,488 17961 9,253 $ 27.214 24300 12,518 $ 36,818
Denial Insurartc ploy.Emplo Employer 4,752 2,448 $ 7,200 5485 2,815 $ 8,280 8,285 3,237 $ 9,522
Note allocation of proposed % of cost between em b er and em ee $ $ $
s $ $
Sub-Total: $ 48,876 $ 27,267 $ 75,143 $ 55,626 E 30,806 S 86 432 $ 63,751 ; 35,056 S 98.806
i
Salary and Benefits Sub-total: $ 245,896 $ 131,647 $ 377,541 $ 258,556 $ 138,317
$ 396,874 $ 272.769 $ 145 792 $ 418,562
S $
Answering Service Oncluded in Phones - S
Advertising 1,250 1,250 S 2,500 1,281.50 1,287.50 $ 2,575 1326 1326 $ 2,852
Legal 1,800 600 2,400 1854.00 618.00 $ 2,472 1910 837 $ 2,546
Veterinary-court cases/ce 700 300 $ 1 00,000 721. 309.00 $ 1,030 743 318 $ 1,061
ru
Equipment(traps/catch less etc. 1,125 375 $ 1,500 1,158.75 386.25 1,545 1,194 398 $ 1,591
Training 5 300 1.000 2 8 300 5 459.00 1,030.00 $ 8,489 5;823 1,081 $ 8,684
Radio/Phone/Cell Phones 3,878 3,878 $ 7,756 3,89d.34 3,994.34 $ 7,989 4,114 4 114 $ 8,228
Uniforms 2,000 1000 $ 3,000 2,060.00 1,030.00 $ 3090 2,122 1,081 $ 3,183
Operating Supplies
Eufhanasia/Sedathres/S d es 2,460 5,740 $ 8,200 2,533.80 5,912.20 $ 8,448 2 810 8,090 $ 8,699
Cleaners 500 1,000 $ 1,500 515.00 1,030.00 $ 1,545 530 1,081 $ 1,691
K' Litter 1,500 $ 1,500 1,545.00 $ 1545 1,591 $ 1,591
Business Licenses 150 150 $ 300 154.50 154.50 $ 309 159 159 S 318
Leashes/Collars 132 268 $ 400 135.96 276.04 $ 412 140 284 $ 424
OfffceSu Oes 4070 7,559 $ 11,629 735.00 1,365.00 $ 2,100 757 1,406 $ 2,163
7000 $ 7,000 7,210.00 $ 7 210 7,428 $ 7 428
Animal Food
Towels/blankets 100 200 $ 300 103.00 208.00 $ 309 108 212 $ 318
Chi E ui enli it. 200 100 $ 300 206.00 103.00 $ 309 212 106 $ 318
Gloves/animel handlin 150 350 $ 500 154.50 380.50 $ 515 159 371 S 530
Cii persBlades 550 $ 550 566.50 $ 567 583 $ 583
Vaccinations disease control 8,200 $ 6 200 8,388.00 $ 6,386 6,578 $ 8,578
Bldg Maintenance/Re Ir 1500 S 1500 - 1,545.00
$ 1,545 1,591 ; 1,591
Garbage Service 1,400 S 1,400 1,442.00 E 1 442 1,485 $ 1,485
Garbage 10,800 $ 10,800 - 11,124.00 $ 11,124 - 11,458 $ 11,458
UabBft Insurance 7,700 $ 10,200 2575.00 7,931.00 $ 10,506 2852 8,169 $ 10.621
B&O Taxes 1,614 831 $ 2,445 1,861.97 856.24 $ 2,518 1,712 882 3 2,594
Vehicle Insurance 6,400 $ 6,400 8,592.00 $ 6,592 6,790 $ 6,790
Vehicle Mal nUte it 4,500 $ 4,500 4,635.00 $ 4,035 4,774 $ 4,774
Gas/oll 10.35O&G-on-tmclor $ 10,350 10,660.50 $ 10,661 10,980 $ 10,980
Operating Cost Sub-total: $ 49,17 $ 110,430 $ 47,197 $ 56,666 $ 103,885 $ 48 613 P2504 $ 106,981
Total AnnualCom snsa0on: S 295,07 i 467,972 $ 305,753 S 194,986 S 500.739_ ; 321382 S 525,542
MonthlyAllocatlon ; 24,59 ; 40,684 S 23,479 i 16,249 ; 41,728 ; 26,782 i 43,795
Budget incentive 50!50 Sharing of annual budget MI betwe Attachment C
Tem late to be rovided Excel
Attachment"B" coat to be allocated when requested by contractor and approved by ACA
ATTACHMENT"B"
Animal Control Budget Proposal -2007-2009
Enforcement 6 Sheltering
Enforce men Sheltering Total Cost Enforcement Sheltering Total Cost Enforcement Sheltering Total Cost
Requested Set Aside
Le al 4200 1 400 $ 5,600 4,326.00 1442,00 $ 5 766 4456 1485 S 5.941
Veterinary-court cases/cruelty 2,800 1,200 $ 4,000 2 884.00 1 236.00 4,120 2,971 1,273 $ 4,244
Training 3.000 1,000 $ 4000 3090.00 1,030.00 $ 4,120 3,183 1,061 $ 4,244
Total Set Aside $ 10,000 f 3,600 S 13,600 f 10,300 f 3,708 $ 14,008 1 $ 10,609 $ 3,819 $ 14,4281
Potential Bud et Ex sure to ACA: $ 501,572 S 514,747 f 539,971
Annual Vehicle Set-aside(3 Vehicles): $ 12,000 $ 12 000 $ 12,000
Ad usted Bud et: f 513,572 f 526,747 $ 551,971
Potential Cost Per Cl __ S 171,190.73 _ $ 175,582.21 $ 183,990.20
Monlhl Allocation: S 14,265.69 $ 14,631.85 f 15,332.52
Startup Costs(Reflected in above proposed budget for 2007. To be adjusted If not
expended or necessary)
Training6,300
Radios/Phones 942
Uniforms 2,500
Euthanasia 500
Animal Food&Supplies 1,000
Office-S.Pph., 805
Cleaning Supplies 285
Co uterslCameras 6,500
Software 1,000
Business Licenses 300
Total Startup f 20,132
Vehicle Set-A-Side:
Annual Vehicle Set a Side to be determined by ACA to ensure dollars are available to replace when appropriate.
Vehicles placed on a 5 year life cycle. L)epending Depending upon repair cost vehicles can be re laced prior to Its 5 ear life
or could be extended for a longer period of time Ivan its LTD repair cost.