HomeMy WebLinkAboutResolution 2025-13, Wenatchee Valley Animal Care and ControlCity of East Wenatchee Resolution 2025-13 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
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City of East Wenatchee, Washington
Resolution No. 2025-13 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Agreement between the City of East Wenatchee and Wenatchee Valley Animal Care and Control.
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alternateformat@eastwenatcheewa.gov, at
(509) 884-9515, or at 711 (TTY).
2. Authority. a. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute an amended Agreement that conforms to the language set forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
5. Effective Date. This Resolution becomes effective immediately.
City of East Wenatchee Resolution 2025-13 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 2 of 2
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 21st day of January 2025.
CITY OF EAST WENATCHEE, WASHINGTON
By _________________________________ Jerrilea Crawford, Mayor
ATTEST:
___________________________ Anna Laura Leon, City Clerk
Approved as to form only:
___________________________ Bob Siderius, City Attorney
Filed with the City Clerk: Passed by the City Council: 01-16-202501-21-202501-21-2025Effective Date: _________
Jerrilea Crawford (Jan 29, 2025 15:38 PST)
Jerrilea Crawford
Animal Control Services Agreement
Page 1 of 6
ANIMAL CONTROL SERVICES AGREEMENT
WENATCHEE VALLEY HUMANE SOCIETY - CITY OF EAST WENATCHEE, WA
(the "Agreement")
This Agreement is entered into this day by and between the CITY OF EAST
WENATCHEE, a municipal corporation organized under the laws of the State of Washington,
hereinafter called the "City," and Wenatchee Valley Animal Care & Control, LLC, a not-for-profit
subsidiary entity of the Wenatchee Valley Humane Society existing under the laws of the State of
Washington, hereinafter called "WVAC”. The City and WVAC are collectively referred to as the
“Parties” or individually a “Party”.
RECITALS
A.The City and WVAC desire to enter into this Agreement to allow WVAC to
provide animal control services within the City of East Wenatchee and to enforce the City's animal
control ordinances and Washington state laws.
B.The City and WVAC have an existing contract with a term extending from January
1, 2020 to December 31, 2024. The Parties have negotiated new terms that better reflect the duties
provided by WVAC and the Parties’ relationship to each other and the communities they serve.
C.This Agreement is intended to replace the existing agreement that is set to expire
on December 31, 2024.
NOW, THEREFORE, in light of the foregoing recitals, which are incorporated herein as
part of the agreement of the City and WVAC, and the mutual terms, conditions, covenants, and
commitments set forth herein, the City and WVAC agree as follows:
AGREEMENT
l. Term. The term of this Agreement shall commence January 1, 2025, and shall end
on December 31, 2025.
2.Animal Shelter Operations.
2.1 Hours. WVAC agrees to keep its shelter located at 1474 South Wenatchee
Avenue, Wenatchee, Washington, open to the public for the purpose of receiving animals and
allowing animals to be redeemed by citizens during set hours of operation, except on legal holidays
and additional days for training and meetings. WVAC shall maintain a twenty-four (24) hour phone
service for the purpose of receiving complaints and calls for service.
2.2 Building Maintenance. WVAC shall maintain the shelter in a clean and
sanitary condition, and it will not permit any condition to exist which might constitute a public
nuisance.
2.3 Care of Animals. WVAC shall give the best possible care and treatment to
all animals in its custody by providing them adequate housing and food, shall not permit the shelter
to become overcrowded, and shall receive and care for all domestic animals brought to the shelter
EXHIBIT A
Animal Control Services Agreement
Page 2 of 6
from within the City.
3. Enforcement and Field Operations. WVAC shall act as a law enforcement agency
for enforcement of (i) Washington state laws related to animal control and care and (ii) animal
control ordinances of the City. To this end, WVAC shall operate subject to the following:
3.1 Complaints and Referral Responsibilities:
3.1.1 WVAC shall investigate and follow up on all animal control
complaints alleging violations of Washington state laws and or the City's animal control ordinance,
including but not limited to the following:
a. Complaints involving dog attacks;
b. Injured, sick, or distress calls for domestic animals;
c. Complaints of domestic animal bites;
d. Dogs at large which shall mean complaints which are either
anonymous or where the owner cannot be identified;
e. Livestock at large;
f. Animal cruelty and neglect cases;
g. Abandoned animals;
h. Dead domestic animals within WVAC pick-up zones
3.1.2 Not Included in Responsibilities: WVAC will NOT be responsible
for performing the following services.
a. Complaints regarding barking dogs or other animal noises;
b. Complaints regarding wildlife.
c. Complaints regarding healthy free-roaming or community cats
d. Complaints regarding deceased domestic or wild animals on
private property.
3.2 Disposal. WVAC shall provide for the humane disposal of unclaimed
domestic animals after holding them for no less than seventy-two (72) hours, unless sickness or
injury requires earlier disposal.
3.3 Disposal of Dead Animals. WVAC shall pick up dead domestic animals
from public property and or City streets within twenty-four (24) hours of notification.
3.4 Legislation. WVAC shall provide assistance and or advice to the City on
the updating and revision of its animal control ordinances, from time-to-time upon the request of
the City.
3.5 Animal Transport Equipment. WVAC shall maintain such vehicles and
related equipment as are required for its operations. WVAC shall have available equipment for
hauling large animals, such as livestock. WVAC shall stock dog traps for use by citizens for the
purpose of containing fearful and or injured dogs that are unable to be contained otherwise. A
rental fee may be charged to citizens using such equipment. WVAC shall provide consultation on
proper use of traps and only after citizens agree to all terms and conditions for us and rental of the
EXHIBIT A
Animal Control Services Agreement
Page 3 of 6
dog trap and upon entering into a trap rental agreement. WVAC shall deliver and or pick up such
traps in cases of extreme need.
3.6 Violations of State Game Laws. Violations of State game laws coming to
WVAC's attention will be reported to the State Department of Fish and Wildlife.
4. Animal Control Officers.
4.1 Authority. Uniformed animal control officers appointed by WVAC are
hereby authorized by the City to enforce its animal control ordinances, and/or Washington state
laws, and to issue citations for violations of said ordinances/laws.
4.2 Qualifications and Training. WVAC shall provide training for the
selection, qualification, and consistent ongoing training of its animal control officers and such
training shall be provided on an as-needed basis. The City shall cover the agreed upon portion of
the costs for said qualifications and training.
4.3 Patrol Strength. Apart from the hours that WVAC is open to the public
and the hours that WVAC has set for providing animal control services, WVAC shall maintain a
twenty-four (24) hour phone service, seven (7) days a week. WVAC shall provide animal control
emergency services during overnight hours set by WVAC. WVAC shall respond to overnight
emergencies reported by the public, RiverCom, Fire Department, Police Department, Sheriff
Department, and/or any other LEA/First Responder Department requesting animal control
services. Emergencies are defined as, dog attacks in progress, severely sick and/or injured domestic
animals at large, or other LEA/First Responder Departments requesting animal control
support/services.
4.4 Cooperation. Animal control officers shall furnish reports of violations
to the appropriate City official and shall appear in court when requested by the City.
5. Payments by the City. The City agrees to pay WVAC the total sum of one hundred
five thousand, two hundred and seven and no/100 dollars ($105,207) for services rendered under
this Agreement in 2025. In June 2025, the Parties agree to review licensing revenues and to discuss
any increases or decreases in forecast revenues. Neither Party is obligated to adjust the contract
payment amount for 2025.
Said annual fees paid by the City shall be made in equal monthly installments, on or before
the 10th day of the month.
6. Licenses and Fees.
6.1 License Issuance. WVAC shall issue licenses as required by the
ordinances of the City, shall collect and retain the required fees, and shall maintain the appropriate
records. Animals sold by WVAC to private individuals residing in the City shall not be released to
their new owners until a valid City license is obtained. WVAC is responsible for administration of
the licensing program, including payment for all labor and materials required.
EXHIBIT A
Animal Control Services Agreement
Page 4 of 6
6.2 License and Impound Fees and Other Costs.
6.2.1 WVAC will retain all collected license fees and adoption charges.
6.2.2 WVAC shall collect and retain all fees for impounding and
boarding of animals collected by either the City or WVAC, and WVAC shall be responsible for
collection of all such fees due and owing but not collected.
6.2.3 WVAC shall be responsible for the collection of all fees and
payment of all costs relating to vaccinations and veterinarian care for the animals at the shelter.
7. Records and Reports. Inasmuch as WVAC is operating as an arm of government
of this Agreement, it shall keep comprehensive records and submit regular reports to the City.
7.1 General Records. WVAC shall maintain a complete system of records
which shall show the kinds and number of animals in its custody, the locations where such animals
were found, the reasons for the confinement, and their final disposition for no less than six (6)
years. The records on any individual animal shall be released to the owner upon request except
when an impounded animal is adopted by another after the required holding period. WVAC shall
submit to the City on a calendar quarter basis a report which represents its activities in the City.
7.2 Financial Records. WVAC shall keep a comprehensive set of records on
all income and expenditures in accordance with generally accepted accounting principles.
7.3 Open Public Records. WVAC shall 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.
8. Contracts with Other Governmental Jurisdictions. The City enters into this
Agreement permitting WVAC, in the spirit of cooperation with WVAC, to extend its services to
other government entities within the Chelan/Douglas County area.
9. Insurance. WVAC 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:
9.1 General Liability. Comprehensive general liability, premises operations,
contractual, and personal injury coverage, with a combined limit of at least $1,000,000.
9.2 Automobile Liability. Comprehensive bodily injury and property damage,
with a combined limit of at least $1,000,000.
10. Waiver of Subrogation. The Parties shall each procure, if obtainable without
payment of an additional premium, an appropriate clause in, or an endorsement on, any policy of
insurance covering the services, pursuant to which the insurance companies waive subrogation or
consent to a waiver of right of recovery, and, conditioned upon a Party having obtained such
EXHIBIT A
Animal Control Services Agreement
Page 5 of 6
clauses or endorsements or waiver of subrogation or consent to a waiver of right of recovery, such
Party hereby agrees that it shall not make any claim against or seek to recover from the other for
any loss or damage to its property, or the property of the other, resulting from fire or other hazards
covered by such insurance, notwithstanding other provisions of this Agreement; provided,
however, that the release, discharge, exoneration and covenant not to sue herein contained shall be
limited by the terms and provisions of the waiver of subrogation clauses or endorsements
consenting to a waiver of right of recovery, and shall be coextensive therewith. If either Party is
unable to obtain such clause or endorsement or is able to obtain such clause or endorsement only
upon payment of an additional premium, such Party shall promptly give the other Party notice to
that effect, in which event the other Party shall have the right to pay such additional premium, and
upon such payment, the Party whose insurer requires such payment shall promptly procure such
clause or endorsement.
11. Indemnity. To the extent of its comparative negligence, each Party shall indemnify,
defend and hold the other Party, its departments, elected and appointed officials, employees, and/or
agents, harmless from and against any and all claims, damages, losses, and expenses, including
attorney's fees, arising out of or resulting from the performance of this Agreement, for any bodily
injury, sickness, disease, or death, or any damage to or destruction of property, including the loss
of use resulting there from, except in the limited circumstance where the claim, damage, loss and
expense is caused by the sole negligence of the other Party.
12. No Discrimination. WVAC shall ensure that all of its employees act in a
professional and businesslike manner. No rude or unseemly actions or attitudes shall be tolerated
in day-to-day dealings with the public. WVAC shall not discriminate, either in dealing with its
own employees or the public at large, because of race, color, religion, sex, national origin,
handicap, or age.
13. WVAC's Employees. WVAC shall be responsible in full for the payment of its
employees, including Worker's Compensation, insurance, payroll deductions, and all related costs.
14. Modification and Cancellation.
14.l. Modification. Modifications to this Agreement shall be in writing, shall be
executed in the same manner as this Agreement, and shall become effective on the date of the last
signature on the modification.
14.2. Termination. This Agreement may be terminated by either Party for cause
upon the giving of ninety (90) days advance written notice and opportunity to cure to the other
Party specifying the grounds for termination including but not limited to breach of a provision of
this Agreement, breach of law or regulation, or misfeasance. If during the ninety (90) day period,
(i) the ground(s) for termination can be cured and (ii) the Party so notified has corrected or is likely
to correct the situation, then this Agreement shall not terminate. If either (i) or (ii) is not the case,
this Agreement shall terminate at the end of the ninety (90) day period.
14.3 Payment of WVAC in Event of Termination. In the event the Agreement is
terminated as set forth in Section 14.2 above, WVAC shall be paid in a pro-rated amount based on
work performed prior to termination (the end of the 90-day period).
EXHIBIT A
Animal Control Services Agreement
Page 6 of 6
14.4 Termination of Agreement. Termination of this Agreement shall not
prevent the terminating Party from invoking those provisions in the Agreement which are
necessary to protect or enforce its rights.
15. Assignment. Neither Party may assign this Agreement, in whole or in part, without
the written consent of the other Party, which cannot be unreasonably withheld.
16. Relationship of the Parties. The Parties to this Agreement execute the same solely as
independent contracting parties. No partnership, employment, joint venture or joint undertaking shall
be construed from this Agreement, and except as herein specifically provided, neither Party shall have
the right to make any representation for, act on behalf of, or be liable for the other Party.
EXECUTED this day of , 2025.
“CITY”
CITY OF EAST WENATCHEE
A Washington Municipal Corporation
By:
Name/Title: Jerrilea Crawford, Mayor
“WVAC”
WENATCHEE VALLEY ANIMAL CARE &
CONTROL, LLC
A Washington Limited Liability Company
By:
Name/Title: BJ Andersen, Executive Director
EXHIBIT A
RRS signed Resolution 2025-13, Wenatchee
Valley Animal Care and Control
Final Audit Report 2025-01-29
Created:2025-01-29
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAUOr_BRYCWsKL7vwTh0NuJr35xTSWm5en
"RRS signed Resolution 2025-13, Wenatchee Valley Animal Car
e and Control" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2025-01-29 - 11:28:59 PM GMT
Document emailed to jcrawford@eastwenatcheewa.gov for signature
2025-01-29 - 11:29:14 PM GMT
Email viewed by jcrawford@eastwenatcheewa.gov
2025-01-29 - 11:38:17 PM GMT
Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford
2025-01-29 - 11:38:38 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2025-01-29 - 11:38:40 PM GMT - Time Source: server
Agreement completed.
2025-01-29 - 11:38:40 PM GMT