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HomeMy WebLinkAboutA2Z Animal Sheltering Svs / West Richland - Animal Sheltering/Disposal ServicesAGREEMENT FOR ANIMAL SHELTERING/DISPOSAL SERVICES THIS AGREEMENT for animal sheltering/disposal services entered into between the Tri -Cities Animal Control Authority ("ACA"), A2Z Animal Sheltering Services, d/b/a Tri -Cities Animal Shelter and Control Services ("A27'), and the City of West Richland ("City") is entered into for the purposes of providing animal sheltering/disposal services for dogs for the City of West Richland, subject to the terms and conditions set forth below. WHEREAS, the ACA consists of the Cities of Richland, Pasco, and Kennewick, who have formed the ACA through the Interlocal Cooperation Act, 39.34 RCW; and WHEREAS, the ACA has designated the City of Pasco as its Operating Jurisdiction; and WHEREAS, the ACA provides animal sheltering/disposal services through its contractor, A2Z Animal Sheltering Services, doing business as Tri -Cities Animal Shelter and Control Services; and WHEREAS, the City of West Richland desires to have animal sheltering/disposal services performed by ACA through its contractor A2Z; and WHEREAS, a cost needs to be determined for the sheltering/disposal of animals from West Richland. NOW, THEREFORE, THE PARTIES agree as follows: 1. Agreement. A. A2Z shall be authorized to perform animal sheltering/disposal for the City of West Richland. B. The City of West Richland shall be authorized to deliver up to five (5) dogs on a weekly basis. Deliveries for sheltering and disposal shall be coordinated with A2Z (1312 South 18`h Avenue, Pasco, Washington). It is understood and agreed that delivery and sheltering may depend on circumstances out of the control of the parties and that all parties agree to cooperate and work in good faith to meet the intent of this Agreement. C. The following cost per animal shall apply: 1) Intake fee - $210 per dog. 2) Sheltering per dog/day - $10.00 (minimum hold times apply). 3) Euthanize - $50.00 per dog. 4) Rendering - $60.00 per dog. Agreement for Animal Sheltering/ Disposal Services - 1 / 2 r7j— Payments shall be made to A2Z by City and A2Z shall remit payments to the ACA. D. This Agreement, allowing the delivery of dogs for sheltering/disposal services is conditional upon available capacity of the shelter for the provision of said services. If, in the sole opinion of A2Z, after consideration of circumstances and alternatives, it is determined that there is not sufficient capacity at the shelter to accept any additional animals from West Richland, such animals must be held or disposed of elsewhere until sufficient capacity is available. E. The animals, that are held, shall become the property of A2Z after the respective hold times, such as what is provided in their ACA contract. 3. Terms. A. This Agreement shall become effective on the 3rd day of October, 2017, and shall remain in effect until the 3`d day of October, 2018. B. This Agreement may be terminated by either party on sixty (60) days written notice. 4. General Obligations. This Agreement may be amended by a written mutual Agreement between the parties. A) For the purposes of this Agreement, time is of the essence. B) Dispute Resolution. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the City Managers and the West Richland Mayor, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. C) No Waiver. Any waiver by any party hereto with regard to any of its rights hereunder, shall be in writing and shall not constitute nor act as a waiver for any future rights in which such party may have hereunder. D) Indemnification. In exchange for providing the sheltering/disposal service, the City of West Richland agrees to defend and indemnify the ACA, the cities of Pasco, Kennewick, and Richland, and A2Z Animal Sheltering Services, from any claims or suits of any nature related to the sheltering or disposal of an animal by A2Z, except for claims or suits arising from or related to acts, omissions and/or negligence of A2Z or ACA. This includes, but is not limited to, any claims by animal owners that their pet was unlawfully seized by West Richland, its Police or agents, was euthanized in violation of any holding Agreement for Animal Sheltering/ Disposal Services - 2 Richland, its Police or agents, was euthanized in violation of any holding periods, was improperly euthanized, or that notice requirements were not followed before euthanasia occurred. 5. Jurisdiction. Jurisdiction for any disputes related to the scope of this Agreement shall be in Franklin County Superior Court, Franklin County, Washington. 6. Contacts. All written contacts shall be made to the following: City of West Richland: Ben Majetich, Chief 3801 West Van Giesen West Richland WA 99353 (509) 967-3431 E-mail: bmaietich(a)westrichland.org Animal Control Authority: Rick Terway, Public Works Director City of Pasco 525 North 3rd Pasco WA 99301 (509) 545-3404 E-mail: terwayrgpasco-wa.gov The parties may renew this Agreement upon at least thirty (30) days notice prior to the termination of this Agreement. If this Agreement is not renewed through inadvertence, but the parties continue to perform, it shall be at the rate and terms set forth herein. DATED this -3AGL_ day of C6Cb12z4__ 12017. ANIMAL CONTROL AUTHORITY: �.//� Rick Ter -way, PublicLyorks Director City of Pasco Approved as to Form: Leland B. Kerr, City Attorney Agreement for Animal Sheltering/ Disposal Services - 3 A2Z ANIMAL SHELTERING SERVICES d/b/a TRI -CITIES ANIMAL SHELTERING AND ANIMAL CONTROL SERVICES .'j" i�� Angela Zila4rPresiht o_ Brent Gerry, Mayor City of West Richland Approd as to Form: Bronson Brown, City Attorney Attest: Julie chardson, CMC, City Clerk Agreement for Animal Sheltering/ Disposal Services - 4