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HomeMy WebLinkAbout4164 Resolution - BF Humane Society (BFHS) Animal ControlRESOLUTION NO. 4164 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE THE EMERGENCY SERVICES AGREEMENT WITH THE BENTON FRANKLIN HUMANE SOCIETY FOR ANIMAL CONTROL AND SHELTERING SERVICES. WHEREAS, the Cities of Pasco, Richland and Kennewick Washington on December 16, 2016 entered into an Interlocal agreement establishing the Tri -City Animal Control Authority for Animal Control and Sheltering Services; and WHEREAS, said agreement designated the City of Pasco, Washington as the Operating Jurisdiction for the Tri -City Animal Control Authority; and WHEREAS, on November 11, 2021, due to termination of the prior contractor for cause, and on an emergency basis, the Benton -Franklin Humane Society was granted operational control of the facility; and WHEREAS, after operational practices and standard were stabilized, the ACA and BFHS negotiated a temporary Personal Services Agreement to officially ratify the relationship; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into an Emergency Services Agreement with Benton Franklin Humane Society; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Pasco approves the terms and conditions of the Emergency Services Agreement with Benton Franklin Humane Society, as attached hereto and incorporated herein as Exhibit A. Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Agreement on behalf of the City of Pasco. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 21 day of March, 2022. 74 i � Blanche Barajas Mayor ATTES Debra Barham, CMC City Clerk Resolution — BF Humane Society Emergency Agreement APPROV AS FORM: e r nn—LLC City s EXHIBIT A PERSONAL SERVICES AGREEMENT ANIMAL CONTROL SERVICES FOR THE ANIMAL CONTROL AUTHORITY OF KENNEWICK, PASCO & RICHLAND THIS AGREEMENT is made and entered into between The Benton -Franklin Co. Humane Society, 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 11 th day of November, 2021. 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: City of Pasco Contractor Dave Zabell, City Manager Benton -Franklin Humane Society PO Box 293 ATTN: Executive Director Pasco, WA 99301 1736 E. 7th Ave Telephone: (509) 544-3404 Kennewick, WA 99337 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 either party 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 either party 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. The City shall defend, indemnify and hold the Contractor and their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, whether known or unknown, including attorney fees, arising out of or in connection with the prior performance, negligence, malfeasance, acts, or omissions of previous contractors of the ACA. 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. 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 additional insureds 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. Law Enforcement Professional insurance in the amount of $500,000. 9.2 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 party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the ACA. 9.3 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.4 Verification of Coverage. 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. 9.5 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. NONDISCRIMINATION 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. NONASSIGNMENT 11.1 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 12. USE OF ACA FACILITIES 12.1 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: 12.1.1 Permitted Use: a. 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. b. 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. 1. Restrictions on Use: In connection with the use of the Premises, Contractor shall: A. Conform to all applicable laws and regulations of any public authority affecting the Premises and its use thereof. B. 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. C. Refrain from any use that creates a nuisance. D. Refrain from loading the electrical system or floors beyond the point considered safe by a competent engineer or architect selected by Landlord. E. Not cause or permit any Hazardous Substance to be spilled, leaked, disposed of, or otherwise released on the Premises. F. Not cause or permit litter, garbage or other refuse or debris to accumulate on the Premises except in suitable garbage containers. 2. 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: A. Repairs of the roof and gutters, exterior walls, bearing walls, structural members, floor slabs and foundation. B. Repair of exterior water, sewage and electrical services up to the point of entry to the Premises. C. Repair of heating and cooling systems. D. Repair of interior walls, ceilings, doors, windows, and related hardware, light fixtures, switches, wiring and plumbing. 3. Alterations: A. 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. B. 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. 4. 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. 5. 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. 6. 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 (30) days' notice. 7. 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 13. RESPONSIBILITY FOR SUPPLIES AND MATERIALS 13.1 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 14. TERMINATION OF AGREEMENT 14.1 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 six (6) months written notice by either party to the other of intent to terminate. C. The ACA may in its sole discretion, unilaterally terminate this contract on thirty (30) days written notice for documented performance failures pursuant to this agreement. Contractor maybe allowed 30 days to correct conditions not in compliance with this 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. i. The ACA may, in its sole discretion, unilaterally terminate this contract, without notice, for emergency law enforcement action such as a criminal investigation, criminal charges or civil complaint against the Contractor, its agents, employees, assigns or subcontractors related to the performance of this agreement. d. 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. e. The Contractor may in its sole discretion, unilaterally terminate this contract on thirty (30) days written notice for documented performance failures pursuant to this agreement. ACA may be allowed 30 days to correct conditions not in compliance with this Agreement. At its sole discretion, the Contractor may extend the 30 -day cure period based upon the progress of the ACA to correct conditions in the initial 30 -day period or any factors outside the control of the ACA that prevent correcting the condition within the initial 30 days. 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. ARTICLE 15. STANDARD OF SERVICES 15.1 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. 15.2 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. • Encourage community involvement through volunteer opportunities if desired by contractor • Be responsive to city/citizen requests. • Maintain a professional appearance. • Maintain professionalism with the public and public agencies. 15.3 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 16. TERM OF AGREEMENT 16.1 This is an emergency contract that shall be effective November 11, 2021 until May 31, 2022, at which time this contract shall terminate and be replaced with a new contract, unless either party elects not to enter into such new contract. ARTICLE 17. SURVIVAL 17.1 The terms, conditions, representations, and all warranties contained in this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 18. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR 18.1 See Attachment A — Scope of Work. ARTICLE 19. FEES 19.1 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 Fee Schedule included with Attachment C. ARTICLE 20. METHOD OF PAYMENT 20.1 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 21. PUBLICITY 21.1 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 22. SUBCONTRACTING 22.1 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. 22.2 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. 22.3 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 23. INSPECTIONS AND RECORDS 23.1 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 24. SIGNATURE PAGE 24.1 The Contractor and the ACA hereby agree to all provisions of the Agreement. Signed this day of 2022, Pasco. Washington. CITY OF PASCO, WASHINGTON CONTRACTOR Dave Zabell, City Manager Cecilia O'Shaughnessy, Board President, Benton -Franklin Humane Society ATTEST: Autumn White, Executive Director Debra Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney ATTACHMENT A - SCOPE OF SERVICES DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR Enforcement of Animal ReEulatory 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: 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 civil 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. d. Special Assistance. 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 civil 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. Contractor shall use best efforts to ensure that phone messages are 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 citations, as well as investigation, reports preparation and court procedure, in addition to training in methods of animal control and handling procedures. 14. Cruelty 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. 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 statutes. 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 for the purposes of animal control. The animal shelter facility shall be opened to the public, with qualified staff on the premises, on a schedule approved by the ACA. The shelter may 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. Christmas Day iv. Labor 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, 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. Owner surrenders will be conducted at the main BFHS Facility at 1736 East 7th Avenue Kennewick, WA 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. 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. Disposal 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 licensed veterinarian or certified technicians only as provided by State law. 11. Financial Records: The Contractor shall keep comprehensive records and submit regular detail summary reports to accompany invoices 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 may 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 and shall be kept for a minimum of six (6) years. 12. Volunteer Program: The Contractor will encourage community involvement through volunteer opportunities if desired by contractor. Volunteer activities could include pet enrichment activities, office help, transportation to vet appointments, donation pick-ups, adoption events, and cleaning tasks. Any volunteer program is subject to the policies, processes, and procedures established by the Contractor's organization. 13. 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. 14. 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. 15. 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 16. 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. 17. Pound Master: The Contractor shall be the Cities' Pound Master(s). 18. Collect Fees: The Contractor shall be responsible for collecting appropriate impounding and boarding fees, according to the Attachment C Fee Schedule, and submitting such fees to the respective Cities monthly. Failure to collect and submit fees can result in ACA withholding service payment until resolved. 19. 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. 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 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 ACA 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# NMOLS6E70E1157980 2015 Ford Transit — VIN# NMOLS6E73F1176699 2007 Ford PU — VIN# 1FTRF12277KC62235 2003 Chevrolet Cargo Van — VIN41 GCHG35U831211943 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 Contractor 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 outlined 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, 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. 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, to the best of the Contractor's ability. ATTACHMENT B - COMPENSATION SCHEDULE Pro -Rated Budget Benton Franklin Humane Society Initial Budget Medical/Vet Supplies $77.41 Prescriptions $22,770.04 Lab and Testing Outsourced Vet Fees or In -House Vet Salary $202,801.66 Total $225,649.11 Animal Care Kennel Supplies $88,535.34 Dog and puppy food $16,892.60 cat and kitten food $4,029.87 Litter $10,355.22 Small Animal Supplies and Feed $82.65 Medical Supplies $17,413.04 Rabies Vax $701.20 Dog vax & Bordetella $9,922.18 Cat Vax $6,857.67 Parasiticides $16,141.95 SNAP tests $2,583.15 Microchips $1,664.00 Leashes and Collars $3,751.39 1 D Tags $1,432.28 Prescription Drugs $8,142.90 Foster Care Supplies $350.93 Medicated Shampoo $2,583.15 Total $191,439.53 Bldg Maint Repair & Maint (Bldg) $4,133.04 Repair & Maint (Equip) $1,394.90 HVAC Maint $1,549.89 Total $7,077.83 Vehicle Fees Insurance $11,365.86 General Maintenance $7,232.82 Gas $9,299.34 Registration $536.27 Total $28,434.29 Property and Business Tax $6,941.33 General Liability Insurance $9,505.99 Professional Fees CPA Firm (audits every 2nd year) $4,596.46 Answering Service $14,465.64 Other Prof. Fees $4,590.91 Payroll Service (timesheets) $1,885.16 Bank Fee $1,037.94 Merchant Processing $251.87 TOTAL $26,827.98 Utilities Electricity Covered by ACA Water/Sewer Covered by ACA Gas Garbage $6,199.56 Business Phone/Internet $8,740.16 Cellular Service $13,949.01 Equipment Rental $82.32 Security System $5,698.53 Hazardous Waste Disposal $545.33 Grounds Maintenance/Lnsc Covered by ACA Total $35,214.92 Direct Mail $0.00 Salaries and Insurance Group Insurance/Benefits $77,494.50 Payroll Tax $57,528.76 Salaries and Wages $ 844,800.00 Total $979,823.26 Special Events and Fundraising $0.00 Administration Shelter Buddy Software $9483.19 Returned Checks $40.00 Volunteer Recognitions $0.00 Office Supplies $2,789.80 Printing $2,789.80 Copier $3,325,54 Comp Repairs/Phone Maint $3,099.78 Safety/First Aid Supplies/CPR $3,030.97 Dues and Subscriptions $5,294.55 Travel, Conference, Training, $3,616.41 Meals and Trans $325.48 Uniforms $3,214.24 Janitorial Supplies $2,583.15 Employee Recognition $398.37 Business Cards $332.80 Total $36,998.54 Operating Expense Bank Service Charge $309.98 Merchant Processing $9,299.34 Office Expense $0.00 Total $12,871.88 Grand Total $1,512,865.21 Pro Rated Monthly Fee $126,072.10 Monthly Rate per ACA Member $42,024.03 ATTACHMENT C - FEE SCHEDULE Fees/Hold Times/Dangerous Dog Kennewick Pasco Richland Penalty Witntinn) First Offense $50.00 $50.00 $30.00 Second Offense $100.00 $100.00 $50.00 Third Offense $200.00 $200.00 $75.00 Four or more $400.00 $400.00 $100.00 Annual License Fees Unaltered Cats and Dogs $0.00 $45.00 $45.00 Altered Cats and Dogs $0.00 $10.00 $10.00 Dangerous or Wild Animal Permit $250.00 $250.00 $250.00 Impound Fee First $10.00 $35.00 $35.00 Second $50.00 $50.00 $35.00 Three or More $100.00 $100.00 $35.00 Hourly time for animals Cats w/o License 24 48 72 Cats w/ License and Dogs 72 72 72 10 -day Temporary License Yes Yes Yes ATTACHMENT D - ADDITIONAL FEES/COSTS RE EMERGENCY TAKEOVER FEES $1,500 p/week, billable monthly, until contract is terminated or long-term Emergency Contract Addt'I Fees contracted is executed Paid by ACA to BFHS. Paid for by ACA, asset belongs to ACA as part of long-term fixed asset inventory. Quote sent Replacement of dangerous, unhealthy by BFHS for kennels cat kennels in TCAS shelter facility to meeting standards of Cat Kennel Replacement meet standards of care care. Work paid for and performed by ACA or their separate 3`d party contractors. Room remains out of operation until this item is complete and Remove animal waste, clean, and may interfere with disinfect drains in puppy/small dog ability to provide Puppy Room Drain Cleaning and rooms until safe for human and animal services to community Disinfectant occupancy due to limit in space. Bring the facility up to building code Work paid for and with the installation of fire performed by ACA or suppression systems and smoke/fire their separate 3`d party Building Code Upgrade detection systems, rodent control, etc. contractors. BFHS is able to provide a quote for this items required. Reimbursement by ACA for labor and items vs payment and services provided by ACA and/or their own Bring the IT system up to usable levels staff/3`d party so staff can perform work at an contractor shall be acceptable level expected of any agreed upon prior to IT System Upgrade business. contract signing. ATTACHMENT E - FULL SHELTER STAFFING LEVEL REQUIREMENTS PER ASV GUIDELINES Hourly Employer Position Current Wage Paid Notes Wage Benefits? ACO Supervisor $ 28.85 $ 60,000.00 Yes Med/Den benefits paid ACO Officer 1 $ 20.67 $ 43,000.00 Yes - $100 towards med/den benefits paid by partial Pd EE each mo ACO Officer 2 $ 20.19 $ 42,000.00 Yes - $100 towards med/den benefits paid by 20.19 Partial Pd EE each mo ACO Officer 3 $ 20.19 $ 42,000.00 Yes - $100 towards med/den benefits paid by Partial Pd EE each mo ACO Officer 4 $ 20.19 $ 42,000.00 Yes - $100 towards med/den benefits paid by Partial Pd EE each mo Med/Den benefits paid - *1/2 salary as Executive Director $45.69 $ 47,520.00 Yes they will coordinate between both programs Med/Den benefits paid - *1/2 salary as Executive $ 21.63 $ 22,500.00 Yes they will coordinate between both Assistant programs Finance *1/2 salary as they will coordinate Manager/Business $ 33.65 $35,000.00 No between both programs Office Manager Shelter Operations $ 22.60 $ 23500.00 , Yes *1/2 salary as they will coordinate Manager between both programs Shelter Operations $ 16.25 $ 33,800.00 No Team Lead Admissions $ 16.75 $ 34,480.00 No Coordinator Foster Coordinator $ 16.83 $ 17,500.00 No *1/2 salary as they will coordinate between both programs Volunteer $ 21.15 $ 22,000.00 No *1/2 salary as they will coordinate Coordinator between both programs Front Desk - FT $ 15.00 $ 31,200.00 No Front Desk - FT $ 15.00 $ 31,200.00 No Front Desk - FT $ 15.00 $ 22,500.00 No Part-time Staff Member Animal Care Aide $ 15.00 $ 31,200.00 No Animal Care Aide $ 15.00 $ 31,200.00 No Animal Care Aide $ 15.00 $ 31,200.00 No Animal Care Aide $ 15.00 $ 31,200.00 No Animal Care Aide $ 15.00 $ 31,200.00 No Animal Care Aide $ 15.00 $ 31,200.00 No Animal Care Aide $ 15.00 $ 31,200.00 No Animal Care Aide $ 15.00 $ 22,500.00 No Part-time Staff Member Animal Care Aide $ 15.00 $ 22,500.00 No Part-time Staff Member Shelter Care Aide $ 15.00 $ 31,200.00 No TOTAL $ 844,800.00