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HomeMy WebLinkAboutTri City Animal Control - 2004 Personal Services Agmt PERSONAL SERVICES AGREEMENT by and between Animal Control Authority of Cities of Kennewick, Pasco & Richland and Tri-City Animal Control Table of Contents ARTICLE 1 . PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2. WHOLE AGREEMENT . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 3. WRITTEN NOTICE . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4. GOVERNING LAWNENUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 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. NONDISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 ARTICLE 11 . FUNDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . .4 ARTICLE 12 . NONASSIGNMENT . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 ARTICLE 13. USE OF ACA FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 a . Permitted Use: . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 b . Restrictions on Use: . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 c. Repairs and Maintenance: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 d . Alterations: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 e. Property Insurance and Waiver of Subrogation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 f. Utilities: . .'. . .`.'. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . : . . .:. . . . :: . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 g . Damage or Destruction : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 h . Surrender: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 14. RESPONSIBILITY FOR SUPPLIES AND MATERIALS . , . . . . . . . . . . . 0 . . . 6 ARTICLE 15. TERMINATION OF AGREEMENT. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 16 . STANDARD OF SERVICES . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 17. TERM OF AGREEMENT .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 . SURVIVAL . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 19. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR . . . . . . . 8 ARTICLE20. FEES . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 21 . METHOD OF PAYMENT . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 8 ARTICLE 22 . PUBLICITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 23 . SUBCONTRACTING . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 24 . SIGNATURE PAGE . . . . . . . . . . 4 . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ATTACHMENT A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Enforcement of Animal Regulatory Laws . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Animal Shelter Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Compensation Schedule . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . o . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 16 PERSONAL SERVICES AGREEMENT This AGREEMENT is made and entered into this —Zf/day of January 2004 , by and between Tri-City Animal Control, a (Corp, sole proprietor, etc) 1312 South 18th Avenue, Pasco, WA 99301 ("Contractor" herein) and 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 Kennewick Tri-City Animal Control Marc Harden , Deputy City Manager Bruce Young, Owner Address: PO Box 6108 Address: 1312 South 18th Avenue Kennewick, WA 99336-0108 Pasco , WA 99301 Telephone: (509) 585-4202 Telephone: (509) 545-3740 Fax: (509) 585-4472 Fax: (509) 545-6293 1 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 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. 2 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The ACA 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. Proverty Prove insurance shall be written on an all risk basis. g . Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. 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 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. 3 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 insureds 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. 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 4 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. 18 h Ave. Pasco, Washington . The facility is shown on Attachment B. 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 . 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 5 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. Lessee 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 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. 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 equipment, tools, materials, supplies and other personal property of Contractor or its employees, subcontractors or material, which may be stored on ACA premises. 6 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 reasonable time to correct conditions not in compliance with Agreement. 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. 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. 7 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 December 31 , 2006. The parties hereto agree that the terms of this agreement, and as they may in the future be modified , may be renewed for subsequent two-year periods upon written agreement of the parties. 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. 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 Schedule included with Attachment A. 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 detailed 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 8 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. 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 day of 2004, Kennewick, Washington . CITY OF KENNEWICK CITY A ad-P" 774 ROBERT R. HAMMOND, City Manager =NIMAL C I D, City Manager CITY OF RICH ND CONTROL �JO N t . DARRINGTON Manager BRUCE YOUNG 9 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, within a minimum of one business day 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 for a 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 . 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 . 10 7. Other Equipment: The Contractor shall have equipment available for hauling large animals and shall stock dog and cat traps, and cat carrying cases, for use by citizens. A current and accurate inventory of all equipment shall be maintained . 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. 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 to the Cities 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 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 11 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: 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 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, size, sex, disposition , where and how the animal was obtained and the animal's owner if possible. b. Disposition of all complaints regarding animals. c. All dangerous or potentially dangerous animals and dog-bite incidents. d . All criminal citations issued and their final disposition . e. Any additional information that may be required by the City through its regulatory ordinances. 18 . Animal Transport Equipment: The contractor shall be responsible for providing and maintaining sufficient 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. Contractor shall provide documentation of comprehensive, bodily injury, liability and property damage insurance coverage for a minimum limit of $ 1 , 000 , 000. Equipment obtained by the Contractor, including the telephone number and listing, with the aid of ACA funding will become property of the ACA upon termination of this contract. 19. Random Patrol: In addition to providing the services indicated , the Contractors shall provide random patrol when available or as directed by the Cities 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. 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 12 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 ii. Memorial Day iii. Independence Day iv. Labor Day v. Veterans Day vi. Thanksgiving Day vii. 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 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. 13 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 period for each respective ACA jurisdiction as follows: Pasco — unlicensed cats — 24 hours, licensed cats or dogs — 72 hours; Kennewick — unlicensed cats — 48 hours, licensed cats or dogs — 72 hours; Richland — unlicensed cats — 72 hours, licensed cats or dogs — 72 hours, 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. 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. 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 an area isolated from the kennel and out of sight of visitors to the kennel. Euthanasia will be performed by certified technicians only. 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. Statistical information shall be provided monthly as required by ACA. The appropriate City shall also receive records of all dangerous or potentially dangerous dog-bite incidents. 11 . Kennel Inspections: The Contractor shall inspect kennels in accordance with City regulations and issue certificates of inspection for kennels. 14 12 . Equipment: The Contractor shall furnish all equipment and supplies used in performing the Contractor's obligations arising under this agreement, except equipment and supplies, which the ACA expressly promises to furnish . 13. Pound Master: The Contractor shall be the Cities' Pound Master(s). 14. Collect Fees: The Contractors shall be responsible for collecting appropriate impounding and boarding fees and submitting such to the Cities. 15. Licenses: The Contractor shall ensure that all animals released or adopted are properly licensed and vaccinated in accordance with City ordinances, and shall remit license fees to the Cities. 16. Failure to Remit: Failure to remit records and/or fees on a monthly basis to the ACA can result in ACA withholding service payment until resolved . 17. Audit Records and Reporting: The Contractor shall keep comprehensive records and submit regular reports to the ACA. 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 policies and public disclosure laws. 15 Attachment A - Compensation Schedule Enforcement & Sheltering _ 2004 Annual 2005 Annual 2005 Annual Chief Animal Control Officer $ 55,000 $ 56,375 $ 57,784 Officer 1 40,000 41 ,000 j $ 42,025 ' Officer 2 _ 360000 36,900 $ 37,823 Officer 3 _ 1 28,000 28,700 $ 29,418 Dispatch/Front Desk 1 20,800 1 21 ,320 $ 21 ,853 Animal Care Mgr 34,960 35,834 $ 36,730 Kennel Care Technician 11 ,700 11 ,993 $ 12,292 Kennel Care Technician 7,020 7,196 $ 7,375 Kennel Care Technician 3,744 3,838 $ 3,934 Medicare 31440 3,526 $ 31614 Social Security 16,437 16,848 $ 17,269 Suta/Futa 3,844 3,940 $ 4,039 L&I 61681 6,848 $ 7,019 Health Insurance` 34,392 35,252 $ 36,133 Dental Insurance* 8,683 8,900 $ 9, 123_ _ *(80% employer/20% employee - Family Coverage) _ *(100% employer - Employee only Coverage) Salary and Benefits Sub-total: $ 310,701 $ 318,469 $ 326,430 (Actual Salary Increase based on CPI Adjustment for 2005 and 2006 as reflected below Answering Service 3,000 3,090 3,183 Advertising 1 ,200 1 ,236 1 ,273 Legal 5,300 5,459 5,623 Veterinary - court cases/cruelty 1 ,500 11545 1 ,591 Equipment (traps/catch poles, etc.) 3,200 3,296 3$ 95 Training 2,750 2,833 2,917 Radio/Phone/Cell Phones 6,600 6,798 7,OOZ 034 Uniforms 2,860 2,946 3, Operating Supplies _ EuthanasialSedatives/S rin es 4,000 4,120 4,244 Cleaners 1 ,800 1 ,854 1 ,910 _ Kitty Litter 532 548 564 Business Licenses 310 "i 319 _ 329 Leashes/Collars 250 258 265 Office Supplies 1,700 1 ,751 11804 Animal Food 3,500 3,605 3,713 Towels/blankets 68 70 72 _ Chip Equipment/repair _ 95 98 101 Gloveslanimal handlingr 85 88 1 90 Clippers/Blades 50 52 53 j Vaccinations (disease control) 2,900 2,987 3,077 Bldg Maintenance/Repair 1 ,300 1 ,339 1 1 ,379 Garbage Service 1 ,272 1 ,310 1 ,349 Rendering 9,600 9,888 10,185 Liabili Insurance 3,500 3,605 3,713 B&O Taxes 5,526 5,692 5,863 Vehicle insurance 5,000 5,150 5,305 Vehicle mainUrepair 2,800 2,884 _ 2,971 Gas/oil 8,250 8,498 81752 Operating Cost Sub-total: § 78,948 $ 81,317 $ 83,756 Total Annual Compensation: § 388,849 $ 3999785 $ 410,187 Monthly Allocation § 32,477 $ 339315 $ 34,182 (Note: The above annual compensation will be allocated on a 1112th Tionthty basis. Budget adjustments may be moved from one account to another to reflect appropriate cost and will be appropriately recorded within the monthly financial statement. ACA will be apprised of budget adjustments made to ensure service levels are not diminished.) Budget Incentive: 50150 sharing of annual budget savin s between ACA and TCAC Note: Vehicle Replacement Set-A-Side excluded from Budget Incentive. Vehicle Replacement Set-ASide Account - Vehicle 1 $ 6,480 $:540 $ 6,674 $ 556 $ ;61876"$ 573 _ Vehicle 2 6,480 540 6,674 556 61 875 573 Vehicle 3 6,480, 540 6,674 556 1 6,857 573 Annual Vehicle Replacement Set-ASide: $ 191440 $ 20,022 $ 209607 (Note: Re lacemant Set-A-Side not eta roved by ACA. Further review and a royal will be necessa Replacement Set-A-Side account will appropriately reflect annual contributionsfex enditures separate from the approved operating budget. Determination to be made by ACA as to who maintains and administers Set-A-Side account. Expenditures from the account will be approved by ACA prior to expenditures being made. Total Compensation: $ 4099089 $ 4799807 $ 430,794 Contingency 10,000 10,300 10,609 Salary Contingency - 6,906 14,325 Total Contingencies: $ 10,000 $ 77,206 $ 241934 Note: Contingency funding may be allocated to contractor based upon need as approved b ACA Salary Contingency reflects contingency for salary Increase based on CPI-W West Coast (Minimum of 2.5%; Maximum of 4%). Contingency to be used should CPI exceed 2.5% Total Budget Exposure to ACA: $ 419,089 $ 437,013 $ 455,728 _ Includes Replacement Set-A-Side