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HomeMy WebLinkAboutTri City Animal Control WSU void 01-23-2013 CONTRACT BETWEEN WASHINGTON STATE UNIVERSITY AND TRI-CITY ANIMAL CONTROL AUTHORITY This AGREEMENT, made and entered into this 16`h day of April, 2003, by and between the Tri-City Animal Control Authority, having offices for the transaction of business at 1312 South 18`h Avenue, Pasco, Washington 99301 , hereinafter referred to as the "ACA," and Washington State University, a state institution of higher learning in the State of Washington, having offices for the transaction of business at Pullman, Washington, herein referred to as the "University," jointly hereinafter referred to as the "Parties." WITNESSETH: WHEREAS, the University is desirous of obtaining dogs/cats and has a need for such animals for veterinary teaching purposes; and WHEREAS, ACA is currently destroying stray and abandoned animals; and WHEREAS, the utilization of such animals for educational purposes by the University will be of substantial benefit to its veterinary program and to the people of the state of Washington; and WHEREAS, the University will treat said animals in a humane manner, and WHEREAS, ACA deems it in the best public interest to enter into a contract with the University for the educational use of stray and abandoned animals; NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties do mutually agree as follows : 1. ACA agrees to supply dogs/cats from the animal control facility, which have been determined to be unadoptable and scheduled for euthanasia. For each dog/cat supplied, the University agrees to spay or neuter at least 2 dogs/cats and implant a computer microchip for identification purposes. Estimated need will be 100 animals per year. Should ACA be unable to provide sufficient animals for spay and neutering for the University to meet its spay/neuter agreement for a given year, up to twenty (20) animals in need of spay/neuter and microchip may be carried over to the next year; no more than twenty (20) animals may be carried from year to year (i. e., this number is not cumulative beyond twenty [20] animals). 2. ACA agrees to fumish to the University animals in excess of the 100 animals mentioned above, when available, and as requested by the University. The University will spay or neuter a dog/cat for each additional dog/cat it receives. 1 3 . The University agrees to contact ACA on a regular basis to determine which animals it wishes to receive and to determine a delivery date. Said selection of animals shall be in accordance with applicable state laws and city ordinances. The selection of animals shall apply only to those animals currently available for disposition (euthanasia). 4. The University agrees to the following: a. Animals transferred from ACA may participate in more than one teaching exercise and/or undergo more than one procedure but only one surgery unless necessitated by a complication following spaying or neutering of an animal scheduled for return to ACA. By "procedures," the University does not mean "surgeries." Rather, it is referring to such things as collecting a blood sample, placing an intravenous or urinary catheter, administration of inhaled anesthesia, a reproductive system examination, an ultrasound examination, or the taking of x- rays. By "surgeries," the University means the incising of skin or mucosa and the subsequent study, sampling, alteration, repair or removal of tissues. Animals transferred shall not be held longer than forty-five (45) days without the consent of ACA. b. Animals used in surgery teaching exercises will be euthanized at the conclusion of the surgery while they are still deeply anesthetized. C. With the exception of animals that are spayed or neutered and returned to the ACA, no animal transferred from ACA to the Washington State University College of Veterinary Medicine (CVM) will be recovered from anesthesia following its participation in a surgery teaching exercise. d. Animals transferred to the CVM will only be used in teaching exercises. 5. Animals that are in the custody of ACA and are currently licensed under any state law, or municipal ordinances are not subject to selection and disposition under the terms of this contract. 6. ACA will keep any impounded animals as required by the city animal control ordinances. If impounded animals are kept beyond the agreed upon delivery date for the University, the University agrees to pay two dollars ($2.00) per day, per animal as a boarding fee, or if canceled by the University prior to the delivery date, a charge to the date of request to cancel shall be made; provided that such holding will be done only if it does not interfere with normal operations of ACA. 7. The University agrees to pick up the animals at ACA and will assume all costs for transportation, holding, conditioning, feeding and housing. The University assumes all responsibility for compliance with any applicable laws or regulations. The University will return spayed or neutered dogs/cats to ACA. 2 8 . This contract shall be in effect for a period of one year from its date of execution, and shall be automatically renewed upon expiration for successive one-year periods, unless terminated by either party pursuant to the provisions of paragraph 10 hereof. 9. At the time of any annual renewal date, this agreement may be modified by mutual agreement of the parties, executed in writing by the officials executing this agreement or their successors, and appended herewith. If either ACA or the University wishes to negotiate a modification of this contract, they shall so notify the other party at least thirty (30) days prior to the expiration of the current contract term. 10. It is agreed that either party shall have the privilege to cancel this annual agreement at any time upon 60 days written notice to the other party. 11 . It is understood and agreed by the parties that if any part, term, or provision of this contract is held to be illegal or in conflict with any law of the state of Washington, the validity of the remaining portion or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid. 12. The University agrees to sign for any animals picked up by it and ACA agrees to furnish a receipt at the time spayed or neutered animals are returned to the animal control facility. 13 . The University agrees that ACA will have no responsibility for any animal once picked up by the University. ACA will assure the University that any animals delivered to it have been held by the control facility for the period required by the animal control ordinances of Richland, Kennewick, and Pasco, and as required by any applicable state law and/or regulations. 14. ACA shall procure animals to fulfill its obligation under this contract only through the ordinary and normal course of enforcing the animal control ordinances of Richland, Kennewick, and Pasco, and as ACA may otherwise perform in the normal course of business. 15 . The University agrees that ACA shall have the right to withhold delivery of any animal selected by the University when said animal has been selected for purchase or adoption by an individual as a pet; provided that no one person or family may purchase or select more than three animals per year as pets. 16. It is hereby agreed by the parties that there will be no assignment or transfer of this contract, nor any interest in this contract. 17. The University agrees that ACA may visit the facility unannounced during ordinary business hours and upon reasonable notice to University: ( 1 ) examine all records 3 and files; and (2) perform an audit or investigation relating to the University's activities as set forth by said agreement. 18. Any action at law, suit in equity, or judicial proceeding arising out of this agreement for the enforcement of this agreement or any provision hereto shall be brought in Benton County, Washington. 19. University hereby agrees to release and hold harmless and agrees to indemnify and defend ACA, its agents, employees, officials, and the agencies which constitute the governing bodies of ACA from claims for damages, injury to persons or things or liability associated with animals subject to this agreement so long as acts or omissions alleged are within the scope of the actor's employment and in good faith and so long as ACA and/or its agents, employees, officials and governing agencies have not violated their internal policies, ordinances, regulations, statutes or other established law pertinent to the act(s) or omission(s) at issue. 20. This agreement is the final, complete and exclusive agreement as to its subject matter and supercedes any former agreements, verbal or written. Further, there are no other agreements as to the subject matter of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year set forth hereinabove. FOR WSU: JFOACA: Name: Richard A. Heath � : 1) I+A) 0— Associate VP Business Affairs d !7 Title: Washington State University Ite: SCI iL ,4Al C. ! T � !'YlAIV19Cef,. Date:!/ +S A D e: e(lle9 d3 RECOM ENDED BY: ` Thomas Lampson Attorney for Animal Control Authority rwickBayly Date: fir o0 Dean, College of Veterinary Medicine Date: y• 2 Z • O 3 APPROVED AS TO FORM: Sylvia Glover Assistant Attorney General Date: `f'22i D 3 4