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HomeMy WebLinkAbout2021-12-07 - Wenatchee Valley Animal Care & Control, LLC - General Agreements / General Service AgreementsPage 1 of 7 Animal Control Services Agreement Retain until 12/31/2029 (GS2011-169) Animal Control Services Agreement Wenatchee Valley Animal Care & Control, LLC – City of East Wenatchee This agreement supersedes and completely replaces the Agreement between the parties dated December 2, 2020. The parties to the Contract for Service (“Agreement”) are the City of East Wenatchee (“City”) and Wenatchee Valley Animal Care & Control, LLC (“WVACC”), a not for profit subsidiary of the Humane Society. 1. Term. The term of this agreement is from January 1, 2021, through December 31, 2024. This Agreement shall automatically renew for an additional three-year term, unless one party gives 120 days written notice to the other party that it intends to terminate the Agreement. 2. Obligations of WVACC. WVACC agrees to do the following: (a) Furnish and maintain the present animal shelter existing at 1474 S. Wenatchee Ave., Wenatchee, and all necessary equipment for handling stray animals, impounded animals, and animals received by WVACC from citizens of the City of East Wenatchee. These facilities shall include all kennels and facilities for the WVACC disposal of sick and injured animals. WVACC will maintain the shelter in a clean and sanitary condition, and it will not permit any conditions to exist which might constitute a public nuisance. (b) Give the best possible care and treatment to all animals in its custody by providing them with adequate housing and food. (c) Keep the animal shelter open for the purpose of receiving animals and allowing animals to be redeemed by citizens for a minimum of four hours each day, six days per week, to be set as a regular schedule by WVACC, except legal holidays. (d) Maintain 24-hour phone service for the purpose of receiving complaints from the citizens of the City of East Wenatchee. (e) Enforce all state laws pertaining to the control of animals, Page 2 of 7 Animal Control Services Agreement Retain until 12/31/2029 (GS2011-169) prohibiting cruelty to animals and all city ordinances pertaining to the control and licensing of animals, the disposal of animals, and any and all other regulations relative to animals within the City of East Wenatchee, except ordinances relating to barking dogs. (f) Employ a person or persons who shall enforce the laws and regulations as specified in paragraph 2.(e), by investigating complaints, impounding animals, securing evidence of violations of city ordinances or state laws, and furnishing reports of said violations to the appropriate city officials and also appearing in court in the case of prosecution of any of these violations. The person or persons so employed to perform its obligations under this agreement shall be employees of WVACC and not employees of the City. In addition to maintaining the phone service as agreed to in paragraph 2(d), a person shall be on call to respond to emergency situations and to dispose of injured or dead animals, which are, located in the City limits. The City and WVACC shall mutually develop procedures for handling emergency calls and responding to complaints within the limitations of the WVACC's personnel in order to provide the service as specified herein. (g) Issue dog licenses collect dog fees throughout the City, and, upon request furnish all license tags and record books used in said licensing. (h) Pick up and dispose of dead animals on City streets within 24 hours of notification. (i) Provide for the humane disposal of unclaimed animals. (j) Maintain complete records of licenses issued, fees collected, animals received, animals disposed of, complaints received, and investigations conducted and shall make such records available for the City's inspection at all reasonable times at the place of business of WVACC. On a quarterly basis, WVACC shall furnish the City with the following reports: • An Intake Detail Report; • An Outcome Summary Report; and • The raw data collected by WVACC that shows the number of officer hours spent in East Wenatchee or on East Wenatchee- Page 3 of 7 Animal Control Services Agreement Retain until 12/31/2029 (GS2011-169) related matters. In addition to these reports, WVACC shall furnish quarterly reports of their activities to the City of East Wenatchee City Clerk. At a minimum, the quarterly reports shall contain the following information: • Number of animals received; • Amount of redemption fees collected; • Number of animals returned to owners; • Number of complaints received; • Number of dangerous dogs; • Number of potentially dangerous dogs; • Number of animal bites; and • Number of animals placed for adoption. (k) As soon as it is finalized, furnish the City with a copy of WVACC’s budget for the upcoming year. (l) Furnish the City with a copy of WVACC’s year-end income/expense report by January 31 of each year. (m) Provide educational services. Educational services include: (1) Dog bite prevention program, (2) school fair participation, (3) Specialty presentations upon request, (4) Public service announcements- newspaper, radio, social media, (5) Community outreach such as fair booth, license clinics, special events, and (6) Website. (n) Legislation. Legislation. Upon request by the City, WVACC will provide assistance and advice to the City on the updating and revision of the City’s animal control ordinances. (m) Furnish all equipment and supplies used in performing WVACC's obligations arising from this agreement, except equipment and supplies which the City shall furnish from time to time at its own volition. Page 4 of 7 Animal Control Services Agreement Retain until 12/31/2029 (GS2011-169) (n) In January of each year, make a presentation to the City Council outlining WVACC’s activities over the past year and outlining WVACC’s proposed activities for the upcoming year. (o) By January 31 of each year, WVACC shall furnish the City with the following annual reports: • Number of licenses issued; • Amount of licensing fees collected; and • Amount of redemption fees collected. 3. Obligations of the City. The City agrees to the following: (a) Allow WVACC to retain all impounding fees collected by WVACC. (b) Pay WVACC in the amount and manner set forth in paragraph 4 of this Agreement. (c) Allow WVACC to retain all animal licensing fee collected by WVACC. (d) Provide, at the discretion of the City of East Wenatchee Police Chief, commission cards to employees of WVACC so authorizing that employee to act for the City to enforce the city laws pertaining to animals. The City shall further cooperate with WVACC to see that each employee who is employed to enforce any obligations assumed hereunder shall have the authority to act on behalf of the City to issue citations for violations of animal ordinances. (e) Consult with WVACC and its employees and to educate WVACC and its employees of the city ordinances. 4. Payments by the City. For service rendered under this Agreement by WVACC, the City will pay WVACC an annual fee. Said annual fees paid by the City shall be made in reasonably equal monthly installments on or before the 10th day of each month. The annual fee is as follows: 2021: $74,985.12 2022: $86,232.89 Page 5 of 7 Animal Control Services Agreement Retain until 12/31/2029 (GS2011-169) 2023: $88,819.87 2024: $91,484.47 5. Annexation. If the City annexes additional area into its city limits, it is understood that this contract may be renegotiated for a different amount, prior to the end of the year. If the parties are unable to renegotiate a different amount within 90 days of the effective date of an annexation, either party may terminate this agreement by delivering written notice to the other party at least 90 days prior to the intended termination date. 6. Public Records. 6.1. WVACC understands and agrees that the records it obtains or produces under this Agreement are public records under chapter the Public Records Act (42.56 RCW). WVACC acknowledges that, through this Agreement, it is operating as an arm of government and that it is obligated to assist the City in retaining and producing records that are subject to the Public Records Act, and that the failure to do so constitutes a material breach of this Agreement, and that WVACC must defend and hold the City harmless from liability under the law. 6.2. WVACC agrees comply with the Public Records Act, Chapter 42.56 RCW, Preservation and Destruction of Public Records Act, Chapter 40.14 RCW, and Local Records Disposition Authorization, Chapter 434-635 WAC, as they pertain to this agreement. 6.3 WVACC agrees to keep and maintain the records it obtains or produces under this Agreement for 6 years after the termination of this Agreement. 6.4. WVACC must cooperate in a timely manner with the City in responding to a public records request for records obtained or produced under this Agreement or the services provided under this Agreement. Such cooperation includes searching all records regarding the Services described in this Agreement and producing all records that are potentially responsive to a public records request to the City. 6.5. WVACC may not charge the City for the time spent Page 6 of 7 Animal Control Services Agreement Retain until 12/31/2029 (GS2011-169) gathering and producing records pursuant to a public records request. 6.6. WVACC agrees to pay the City for any damages, attorney’s fees, or costs that the City incurs if Contractor fails to produce a timely, responsive record to a public records request. 6.7. Survival. Each provision of Section 6 survives the expiration or termination of this Agreement. 7. Hold Harmless Agreement. WVACC releases and shall defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents and volunteers from any and all claims, demands, losses, negligent acts or omissions, and liabilities (including costs and all attorney's fees) to or by any and all persons and entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of WVACC, its partners, shareholders, agents, employees, or by WVACC's breach of this Agreement. 8. Insurance. WVACC shall maintain the following insurance coverage and shall provide the City with certificates of insurance, naming the City as an additional insured on all the following policies: (a) Comprehensive general liability, premises operation, contractual, and personal injury coverage, with a combined limit of at least $1 million; and (b) Comprehensive bodily injury and property damage, with combined limit of at least $1 million. WVACC’s maintenance of insurance as required by this Agreement does not limit the liability of WVACC to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. For the period beginning January 1, 2022, the required Certificates of Insurance shall be on an ISO CG 20-10/11 form or equivalent. Furthermore, beginning January 1, 2022, in addition to the Comprehensive bodily injury and property damage insurance reflected above, WVACC shall provide the City with a Certificate of Insurance naming the City as an additional insured on a policy covering Comprehensive general liability, premises operation, contractual, and personal injury coverage, with limits of at least $1 million per occurrence and $2 million aggregate.