Loading...
HomeMy WebLinkAboutChicle Animal Foundation - 2019 Personal Services Agmt for Animal Control ServicesPERSONAL SERVICES AGREEMENT ANIMAL CONTROL SERVICES FOR THE ANIMAL CONTROL AUTHORITY OF KENNEWICK, PASCO & RICHLAND Agreement No. 19034 THIS AGREEMENT is made and entered into between Chicle Animal Foundation, hereinafter referred to as "Contractor" and the Tri -City Animal Control Authority, hereinafter referred to "ACA", an unincorporated association comprised of the cities of Kennewick, Pasco, and Richland, political subdivisions of the State of Washington, on this 29'h day of March, 2019. 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 as specified herein. 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 the Pasco City Clerk if delivering to the Authority, an authorized officer, employee, agent or other representative if delivering to the Contractor. b. Deposited in the U.S. mails under certified or registered handling, postage prepaid, posted to the address(es) provided herein - Ch y erein: Chy of Pasco Dave Zabell, City Manager PO Box 293 Pasco, WA 99301 Telephone: (509) 544-3404 Contractor Deborah Sporcich, Director 17 Oak Lane Burbank, WA 99323 (206) 356-6880 C. By e-mail sent to either party. 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 Franklin County Superior Court. 4.1.1 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, unless a more specific time frame is required by applicable statute. ARTICLE 5. ATTORNEY FEES 5.1 Attorney's 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 Agreement 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, Pasco, and Richland, 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. 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 shall 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 a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The ACA shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the ACA using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. The ACA consisting of City of Kennewick, PO Box 6108, Kennewick WA 99336; City of Pasco, PO Box 293, Pasco WA 99301; and City of Richland, 505 Swift Blvd., Richland WA 99352, shall be named as an additional 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 per each occurrence, $2,000,000 general aggregate and $2,000,000 products completed operations aggregate limit. 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 shall have 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. Property insurance shall be written on an all-risk basis. g. Property insurance shall be written covering the full value of Contractor's property and improvements with no coinsurance provisions. h. Law Enforcement Professional insurance in the amount of $500,000. 9.3 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 with respect to this Contract. 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 parry, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the ACA. 9.4 Acceptabil#y of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverace. Contractor shall furnish the ACA with original Certificates of Insurance 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. 9.6 Subcontractors Contractor shall include all subcontractors as insured's 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. The Contractor shall ensure that the ACA is an additional insured on each and every Subcontractor's Commercial General Liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. ARTICLE 10. NONDISCRE IINATION 10.1 The Contractor agrees to abide by all Federal, State and/or local 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 the 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. In the event of termination, notice shall be as stipulated in Article 15 Termination of Agreement. 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 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 currently located at 1312 S. 18th Ave. Pasco, Washington. Contractor's use of the premises shall be subject to the following: 13.1.1 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 the 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. 4 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 5.4 insure the Premises against casualty or that would substantially increase the insurance rate. 3. Refrain from any use that creates 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. 5 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: 5.1 Repairs of the roof and gutters, exterior walls, bearing walls, structural members, floor slabs and foundation. 5.2 Repair of exterior water, sewage and electrical services up to the point of entry to the Premises. 5.3 Repair of heating and cooling systems. 5.5 Repair of interior walls, ceilings, doors, windows, and related hardware, light fixtures, switches, wiring and plumbing. 6 Alterations: 6.1 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 workman -like manner, and in compliance with plans submitted to and approved by the Landlord and in accordance with applicable laws and building codes. 6.2 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 Contractors expense, unless the applicable Landlord's consent specifically provides otherwise. 7 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 its full replacement value without any coinsurance provisions. Contractor and City of Pasco hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered 100% by property insurance on or in connection with the premises of said building. This release shall apply only to the extent that such claim, loss or liability is covered 100% by insurance. City of Pasco will insure personal property of the ACA in the amount equal to the value of the ACA -owned inventory and is under no obligation to insure any of Contractor's personal property located in the Premises. 8 Utilities: ACA shall provide and pay for the following utilities: electric service, gas, water and sewer services. Contractor shall provide telephone and communication services, garbage disposal services, janitorial services, and security services as needed. 9 Damage or Destruction: If the Premises are damaged or destroyed in whole or in part by no fault of Contractor, and Contractor is unable to provide services required by Agreement, the ACA may, at its option, elect to terminate this Agreement upon thirty (3 0) days' notice. 10 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 all equipment, tools, materials, supplies and other personal property of Contractor or its employees, agents or subcontractors, which may be stored on ACA premises. Contractor shall provide the ACA an inventory of property no later than January 15, each year. Upon termination or expiration of this Agreement a walk-through of the premises shall be performed to reconcile the inventory of property. Failure to participate in the post -service walk-through by the Contractor shall constitute a waiver of any claim to ownership of disputed equipment or inventory. ARTICLE 15. TERMINATION OF AGREEMENT 15.1 This Agreement may be terminated under the following conditions: a. By written mutual agreement of both parties. Termination under this provision may be immediate. b. Without cause 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 after thirty (30) day notice of deficiency shall be grounds for termination. Contractor will be allowed 30 days to correct conditions not in compliance with Agreement. At its sole discretion, the ACA may extend the 30 -day cure period based upon the progress of the Contractor to correct conditions in the initial 30 -day period or any factors outside the control of the Contractor that prevent correcting the condition within the initial 30 days. d. The ACA may at its sole discretion, unilaterally terminate this contract on sixty (60) days' notice for documented performance failures. e. Upon thirty (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 the 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, level of 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, including but not limited to euthanasia procedures. Such procedures shall be subject to the approval of the ACA and the Contractor will be accountable for compliance with such procedures. 16.2 Additional standards of service requirements shall include, but not be limited to, the following: • Maintain good customer service skills. • Animals and residents shall be treated respectfully and courteously at all times. • Maximize use of volunteers for animal control operations/adoption coordination. • Be responsive to city/citizen requests. • Maintain a professional appearance. • Maintain professionalism with the public and public agencies. 16.3 Contractor warrants that the recommendations, guidance, training and performance of any person assigned under this Agreement shall be in accordance with generally -accepted practices for handling and treatment of animals, professional standards and applicable regulatory practices, 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, 2019, with option upon mutual agreement for additional two (2) year extensions thereafter. 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 Compensation Schedule included with Attachment B. The Contractor shall be responsible for collecting appropriate impounding fees and boarding fees and shall be responsible for remittance to the Cities according to the applicable Fee Schedule for each city that comprises the Authority, as published within their respective budget. ARTICLE 21. METHOD OF PAYMENT 21.1 Payment shall be made within 10 days upon receipt by ACA of a written invoice to be provided to ACA by Contractor at the end of the month in which services were rendered. 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 subcontractors without prior written approval of the ACA nor shall the duties of the Contractor under the contract be delegated 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. 23.3 The ACA may enter into agreement with other jurisdictions in the area to provide animal control services. Contractor shall enter into these agreements only upon mutual written agreement between the ACA and Contractor. The Contractor is prohibited from entering into agreements or providing animal control services with other jurisdictions without prior written approval of the ACA. Article 24. INSPECTIONS AND RECORDS 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. Contractor agrees to maintain all records with respect to services provided under this Agreement for six (6) years and shall maintain such records in such a manner as to preserve those records in case of a public records request. Contractor shall fully comply with ACA and Cities to respond to applicable requests for public records. ARTICLE 25. SIGNATURE PAGE 25.1 The Contractor and the ACA hereby agree to all provisions of the Agreement. Signed this 29th day of March 2019, Pasco. Washington. CITY OF PASCO, WASHINGTON ATTEST: 4'�. P-a�� AngeI4 Pason, Interim City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney CONTRACTOR Contractor ATTACHMENT A - SCOPE OF SERVICES 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(s) in accordance with the Cities' respective municipal codes and the Revised Code of Washington (RCW). Responsibilities of the Contractor shall include, but may not be limited to, the following: 1. Field Service Calls: The Contractor shall initiate within one business day during normal business hours of the Shelter, an investigation 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). Examples of field service calls may include but are not limited to: • Domestic animal at large • Barking dog • Unlicensed dog or cat in participating cities • Dog or cat with no rabies vaccination • Dog threatens person • Dog threatens domestic animal • Dog or cat bite • Abandoned animal • Animal cruelty • Dead on arrival dog or cat • Confined dog or cat • Trapping dog or cat • Dangerous or potentially dangerous dog • Kennel inspections • Dangerous dog inspections ■ Injured or sick domestic animal • Inherently dangerous mammal or reptile • Assist law enforcement agencies upon inspections request • Special Assistance 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 including first-time offenses. 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. 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, based on the professional opinion of a qualified veterinarian, it must be destroyed immediately. The method used for euthanasia 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 instances where a hazard exists which is a violation of local ordinance but the animal is alive, the animal shall be impounded. The Contractor shall not be responsible for the collection and disposal of dead animals found on private property. 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. 7. 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 any of the following: 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. 8. 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 and shall be timely and professional in all such appearances. 9. 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. 10. Citation Authority: Issue citations for the violation of animal regulatory ordinances. 11. Reporting: Provide complete and accurate reports, in a format approved by the ACA, to the Cities by the 15th of the following month pertaining to the enforcement activities. 12. Telephone: Provide a telephone call receiving system that can accommodate high call volume and ensure that a message can be left if a person is not available to receive the call. Phone messages shall be retrieved within 10 minutes. Emergency callers shall be contacted immediately upon receipt of the message. After hour emergency calls shall be routed to an on-call employee or answering service. All calls for service shall be logged and a disposition recorded. 13. 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 from each City 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. 14. Cruel y Complaints: Respond to and provide resolution to complaints regarding animal cruelty. Whenever evidence of criminal animal cruelty is discovered, such complaints will be coordinated with the appropriate law enforcement agency for further investigation, along with a written report. 15. 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 beyond the basics of shelter, food and water that is not required by State law. 16. Random Patrol: In addition to providing the services indicated, the Contractor shall provide random patrol when available pursuant to a separate agreement between any ACA City and the contractor with the understanding that such agreement will not affect labor or equipment contemplated by this agreement. 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 this Agreement, by the Cities or the Benton -Franklin Health District for animals' subject to the Cities' jurisdiction. These 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 per 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 v. Veterans Day ii. Memorial Day vi. Thanksgiving Day iii. Independence Day vii. The day after Thanksgiving iv. Labor Day viii. 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 that 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 an animal shelter. The facility site shall be operated in conformance with local zoning regulations and shall comply with all Federal, State and local regulations. Contractor shall acquaint themselves with all applicable 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. Owner Surrender: The Contractor shall accept "Owner Surrender" of dog(s) and/or cat(s), upon payment of such reasonable cost to be established by the Contractor and reviewed by the ACA, to recover expenses relating to acceptance of such animals. 6. 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 the extent possible to detect implanted computer chips. The owner, if determined, shall be contacted immediately. If contact cannot be established through phone or in person, a written notice shall be sent to the owner's listed address at least two days prior to a hold being removed. Records of attempts to contact the owner shall be kept. Impounded animals shall be posted on the website and/or any social media outlets utilized within one business day of receipt of the animal. 7. 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. 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. Unclaimed animals are hereby allowed to be maintained by the Contractor at the Animal Shelter Facility at the expense of the Contractor, as long as space remains available for incoming stray animals. Any and all adoption fees for animals after the required hold times are to be retained by the Contactor. 8. 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. 9. Di% osal of Unclaimed Animals: The Contractor shall provide for the humane disposal of unclaimed animals after holding them for a minimum hold time as required by applicable City Ordinance, 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. Animals that are abandoned or surrendered at the shelter will be held for a minimum period of the hold times that are defined as: dogs 72 hours, cats 24 hours; unless age, sickness, and/or injury requires earlier disposal. Animals that are unable to feed on their own are not required to be held. 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. Animals held longer than the minimum hold times required by City Ordinance or otherwise stipulated by terms of this contract are at the expense and responsibility of the Contractor. 10. 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 a non-public area and out of sight of visitors to the kennel. Euthanasia will be performed by certified technicians only or under the direction of a certified technician as provided by State law. The manner of euthanasia must be approved by the ACA. The Contractor shall keep comprehensive records and submit regular detail summary reports to the ACA by the 15th of the following month. 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 six (6) years thereafter. Contractor understands that certain records may be subject to State -mandated retention. 11. Volunteer Program: The Contractor will encourage community involvement through volunteer opportunities. Volunteer activities could include pet enrichment activities, office help, transportation to vet appointments, donation pick-ups, adoption events, and cleaning tasks. 12. Foster Program: The Contractor will manage a Foster Program to help alleviate overcrowding. The Foster Program will benefit dogs and cats that may have behavior challenges, the elderly, sick or recovering from surgery, and puppies and kittens that need 24/7 care. 13. Education: Provide education to the public. Which can include but not limited to: a. Dog bite prevention program b. Public service announcements c. Community outreach — fair booth, license clinics, special events, etc. 14. Website: Update and maintain all facets of the website. Including: a. Lost & Found Pets b. Adopt a New Pet c. Our Pet List d. Foster Program e. Photo Gallery f. Volunteer Opportunities 15. Telephone Number and Name: The shelter telephone number {509) 545-3740, facsimile number (509) 545-9293 and names, "Tri -City Animal Shelter & Control Services" & "Tri - City Animal Shelter" belong to and are owned by the ACA and will remain the property of the ACA upon termination of this contract. Each Member City of the ACA will list the number along with other City services in Agency directory and/or Agency Website. Additional listings in the yellow pages or other directories are the responsibility of the Contractor. 16. Pound Master: The Contractor shall be the Cities' Pound Master(s). 17. Collect Fees: The Contractor shall be responsible for collecting appropriate impounding and boarding fees, according to the applicable fee schedule for each city that comprises the Authority, as published within their respective budget., and submitting such fees to the respective Cities monthly. Failure to collect and submit fees can result in ACA withholding service payment until resolved. 18. Licenses: The Contractor shall ensure that all animals released or adopted are properly licensed and vaccinated for rabies in accordance with City ordinances, and shall remit license fees to the Cities. Equipment 1. The Contractor shall be responsible for and obtain all equipment, tools and supplies used in performing the Contractor's obligations arising under this agreement. All equipment, tools & supplies that are donated to the Contractor for use in obligations under this contract, purchased with ACA funds and/or the ACA has furnished or expressly promises to furnish with set-aside funds shall become property of the ACA upon termination of this contract. ACA funds shall include the approved Contractor budget and any set-aside funding. A current and accurate inventory shall be maintained and provided to the ACA by January 15 each year. The inventory shall include all assets of the contractor that are, or will become property of the ACA. Operating supplies, such as office & cleaning supplies, forms and food are not to be included on the inventory. Contractor shall, upon termination of the contract maintain sufficient and reasonable operating supplies so that an incoming contractor can maintain reasonable service levels without interruption. 2. The Contractor shall stock dog and cat traps, and cat carrying cases, for use by citizens. 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. 3. Animal Transport Equipment: The ACA will provide 3 patrol vehicles under this contract as identified in the vehicle set-aside of the Compensation Schedule. Vehicles purchased with ACA funding will remain the property of the ACA upon termination of this contract. The contractor shall be responsible for licensing and maintaining the ACA 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. Communication equipment may be provided through handheld radio or cellular phone device upon approval of the ACA. Contractor shall provide documentation of comprehensive, bodily injury, liability and property damage insurance coverage for a minimum limit of $1,000,000 for all vehicles used in performance of this contract. The Contractor will begin the initial term of this contract with the following ACA vehicles: 2014 Ford Transit — VIN# NM0LS6E70E1157980 2015 Ford Transit — VIN# NM0LS6E73F1176699 2007 Ford PU — VIN# 1FTRF12277KC62235 2004 Nissan PU — VIN# 1N6DD26TX4C472078 4. The Contractor shall have vehicle(s)/equipment available for hauling large animals and provide documentation of insurance coverage. This and other equipment, tools & Supplies that Contractor provides for use in obligations under this agreement that are not purchased with ACA funds shall remain the property of the Contractor. Other equipment, tools & Supplies that Contractor provides for use in obligations under this agreement that are not purchased with ACA funds shall remain the property of the Contractor. Records and Reports The Consultant shall be required to develop its own record-keeping procedures and to maintain records of all animals it handles in accordance with applicable public records statutes as outline in the Revised Code of Washington. 1. Reports including but not limited to: a. Number of impounds b. Number of adoptions C. Number of emergency responses d. Disposition of complaints regarding animals e. Dangerous or potentially dangerous animals and dog -bit incidents f. All initiated criminal citations issued g. Any additional information that may be required by a City through its regulatory ordinances h. Number of animals destroyed by euthanasia 2. The Reports shall include the following information: 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, redeemed, adopted, euthanized; f. fees collected. how long it stayed, when released, g. record of all adoptions with names and addresses of new owner, h. record of licenses sold with names and addresses. 3. Failure to Submit: Failure to submit records, reports and/or fees as required in this agreement to the ACA can result in ACA withholding service payment until resolved. 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. Fees collected and record of licenses sold including names and addresses shall be delivered to the appropriate City on a monthly basis. Financial and other statistical information shall be provided monthly by the 15th of the following month as required by ACA. The appropriate City shall also receive records of all dangerous or potentially dangerous dog -bite incidents ATTACHMENT B - COMPENSATION SCHEDULE Animal Control Budget 2019 Enforcement Sheltering Total Enforcement & Sheltering Cost 42,000 Cost Cost Current Staffing Shelter Director 18,000 60,000 14,800 29,600 Admin Assistant 14,800 48,000 48,000 Supervising Animal Control Officer 40,000 40,000 Officer 1 40,000 40,000 Officer 2 Officer 3 38,000 38,000 Officer 4 37,100 37,100 Animal Intake 29,500 29,500 Customer Service 13,572 13,571 27,143 Animal Care Manager 22,559 22,559 45,118 Kennel Care Technician (part-time 30 hrs) 19,500 19,500 Kennel Care Technician (part-time 30 hrs) 19,500 19,500 Kennel Care Technician (part-time 30 hrs) 19,500 19,500 Kennel Care Technician (part-time 30 hrs) 19,500 19,500 sub total 325,531 146,930 472,461 Benefit Cost Medicare 4,787 2,183 6,970 Social Security 20,468 9,333 29,801 Suta/Futa 3,169 1,445 4,614 L&I 10,487 6,037 16,524 Health Insurance 70/30 59,895 5,098 64,993 Dental Insurance 75/25 4,255 551 4,806 sub total 103,061 24,647 127,708 Salary and Benefits Sub -total 428,592 171,577 600,169 Answering Service 14,890 14,890 Legal 700 700 Veterinary - court cases/cruelty 10,000 10,000 Equipment (traps/catch poles, etc) Training - 1,750 3,000 1,750 3,500 3,000 Radio/Phone/Cell Phones Uniforms Operating Supplies Euthanasia/sedatives/syringes 11,572 2,500 515 3,000 14,572 2,500 515 Cleaners 4,500 4,500 Kitty Litter 5,000 5,000 Business License 550 550 Leashes/Collars 75 75 150 Office Supplies Animal Food 3,500 2,577 3,500 2,577 Chip Equipment/repair 310 3101 620 Gloves/animal handling 100 100 200 Clippers/Blades 50 50 Vaccinations (disease control) 500 500 BLDG Maintenance/Repair 2,000 2,000 Garbage Service 2,700 2,700 Cremation 10,200 10,200 Liability Insurance 8,495 8,495 Vehicle Insurance 13,844 13,844 Vehicle main/repair 7000 7,000 Gas/Oil Operating Cost Sub-total 12,000 93,201 30,262 12,000 123,563 Total Annual Compensation 521,793 201,839 723,732 Monthly Allocation 43,491 16,820 60,311