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.
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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.
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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
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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
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