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
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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.
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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
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.
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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
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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
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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.
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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.
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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
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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
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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, 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 .
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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
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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
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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.
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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.
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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.
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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