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HomeMy WebLinkAboutAG 21-033 - HUMANE SOCIETY OF TACOMA AND PIERCE COUNTYRETURN TO: Casey Jones EXT: 6713 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEFT./D1V: PD 2. ORIGINATING STAFF PERSON: Casey Jones EXT: 6713 3. DATE REQ. B)'t 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT It PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECTNAME: Animal Shelter PSA 6. NAME OF CONTRACTOR: Humane Society of Tacoma and Pierce County ADDRESS: 2608 Center Street Tacoma, WA 98409 TELEPHONE 253 284 5850 E-M Al L: StuartE@thehumanesociety.org FAX: SIGNATURENAME: Stuart Earley TITLE CEO 7. EXH IBITS AND ATTACHMENTS: ❑ SCOPE-, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑i PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 01-01-2021 COMPLETION DATE: 12-31-2026 9. TOTAL COMPENSATION $'$456,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ONO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED A PURCHASING: PLEASECHARGETO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED X PROJECT MANAGER CJ 12-02-2020 ❑ DIRECTOR ❑ RISK MANAGEMENT (IFAPPLICABLE) * LAW DK 12-04-2020 11. COUNCILAPPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: DATE REC'I)* ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REM INDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include clept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG#1 COMMENTS: 2/2017 THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY AGREEMENT FOR SHELTER AND RELATED SERVICES The parties to this contract are the CITY OF FEDERAL WAY, a political subdivision of the state of Washington, hereinafter referred to as the "City of Federal Way," and THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY, a non-profit corporation formed and operating pursuant to RCW 16.52.020, hereinafter referred to as the Society. The terms of this contract shall cover the period from January 1, 2021, through December 31, 2026. In consideration of the mutual benefits derived, the parties agree as follows: THE SOCIETY AGREES: (1) To furnish and maintain and to employ adequate staff for suitable shelter for the handling of stray, impounded, and unwanted companion animals turned over to the Society by the City of Federal Way or its residents. Companion animals are specifically defined as dogs, cats, domestic birds, domestic rabbits and small domestic , rodents. Companion animals specifically exclude livestock (horses, cows, pigs, sheep, goats, fowl, etc,) venomous or dangerous reptiles and wild or exotic animals, Such facility shall include cat kennels and dog kennels, as well as facilities for the humane disposal of sick and injured companion animals. The facility will provide disposal (cremation) services for animals deceased upon arrival or during the time of sheltering. Impounded animals, awalting disposition by the courts or held as directed by Animal Control will be held for a maximum of 3 days without additional charge. After 3 days, board will be charged to City of Federal Way at the rate of $26.50 per day in 2021, $27.30 per day in 2022, and $28.10 per day in 2023. From 2024 through to 2026 the rates will increase each year by inflation (defined as the annual average of the Seattle -Tacoma -Bellevue metro area CPI-U as determined by the Bureau of Labor Statistics) plus 1 % rounded to the nearest penny). (2) To keep the shelter staffed and open for the purposes of receiving companion animals and allowing such animals to be redeemed during regular business hours Monday through Saturday; PROVIDED THAT the Society shall establish and maintain 7- day per week, 24-hour per day access for City of Federal Way animal control officers to drop off companion animals or carcasses outside of normal shelter hours. It is understood that this does not include responsibility for care for sick or injured companion animals outside of normal shelter hours. (3) To provide licensing services for animals adopted or impounded at the Humane Society shelter whose owner resides within the City of Federal Way. The license service for impounded and adopted animals shall be provided during normal business hours, with no time limitation and shall also be provided by the Society in animal illness or injury conditions so as to expedite medical attention for the animal. The Humane Society shall maintain complete and adequate records of all licenses issued and shall provide a timely report to the City of Federal Way listing the name and address of the licensee and a description of the animal licensed. The Humane Society will retain 100% of every license sold and payments shall be made to the Humane Society. 1 (4) To provide orientation and training to City of Federal Way animal control officers and other City of Federal Way staff to the Society shelter and its admissions policies, practices and other Society operations as appropriate. (5) To maintain complete records of animals received and animals disposed of on behalf of the City of Federal Way and other entities with whom the City of Federal Way has contracted. The Society agrees to promptly make its records of investigations available for the City of Federal Way's inspection at reasonable times, and to furnish reports of the Society's activities to Federal Way, and to provide, within reason, such other data as the City of Federal Way requests and as may be inspected or requested by other entities with wham the City of Federal Way has contracted. This means the Society at such times and in such form as the City of Federal Way may require, shall furnish the City of Federal Way with periodic reports pertaining to the work and services undertaken pursuant to this Contract. The Society will make available to the City of Federal Way all work -related records and documents for inspection, or evaluation during normal business hours in order to assess performance, compliance and/or quality assurance under this Contract. The Society further agrees to fully cooperate with any civil or criminal investigations by the City of Federal Way and to make its employees available for interviews conducted in the furtherance of such investigations. (6) To provide access to computers for the City of Federal Way for Animal Control Officers to enter data into the database software for animals picked up by City of Federal Way Animal Control Officers, (7) To provide basic blood draw, fecal sample, lab tests and weight at time of admission for animals involved in cruelty investigation, per request of the City of Federal Way Animal Control Officers. This service will be offered for cases of 1 to 2 animals and may be repeated weekly as deemed necessary by the Veterinarian staff at the Humane Society. Cruelty cases involving 3 to 6 animals require advance notification in order to perform this service. Cases larger than 6 animals or animals needing detailed history andlor physical exams will be performed by an outside veterinarian of the City of Federal Way's choice. Costs associated with any lab tests and/or physical exams that are beyond the basic tests identified in this section will be billed separately to the City of Federal Way. (8) To procure and maintain comprehensive general liability insurance, and professional liability insurance with limits not less than $1,000,000.00 ($1,000,000,00 bodily and personal injury and property damage insurance). The City of Federal Way is to be named as an additional insured and such insurance as is carried by the Society is primary over any insurance carried by the City of Federal Way. In the event of a nonrenewal, cancellation, or material change in the coverage provided, 30 days' written notice will be furnished to the City of Federal Way prior to the date of nonrenewal, cancellation, or change. Such notice shall be sent to the City of Federal Way, Mayor's office, 333.25 81h Ave S, Federal Way, WA 98003. The. City of Federal Way has no obligation to report Occurrences unless a claim is filed with the City of Federal Way, and the City of Federal Way has no obligations to pay premiums on such insurance. 2 (9) To furnish equipment and supplies used in the performance of the Society's obligations arising from this contract, except equipment and supplies which the City of Federal Way expressly promises to furnish. (10) The Society agrees to hold harmless, indemnify and defend the City of Federal Way and its officers, officials and employees from any claim, liability, lawsuit or legal judgment arising from or out of the negligent or tortuous actions or inactions of the Humane Society in its performance of the activities and services set forth herein in this agreement to be performed by the Society. The Agreement to indemnify, defend and hold harmless the City of Federal Way by the Society shall not apply to any loss, claim, liability, lawsuit or legal judgment arising frorn the sole negligence of the City of Federal Way. (11) To allow City of Federal Way animal control officers to sanitize their vehicles in accordance with Society practices until the Society requires the sanitizing facility to be vacated for construction. The Humane Society will provide 90 days' notice if the area is to be vacated. (12) The Society agrees to comply with Title 16 RCW and Title 9 of the Federal Way Municipal Code. The Society will not release any animal except in full compliance with the municipal code. (13) Non-discrimination. The Society agrees to take all steps necessary to comply with all federal, state and City of Federal Way laws and policies regarding nondiscrimination and equal employment opportunities. The Society shall not discriminate in any employment action because of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, or the presence of any sensory, mental or physical handicap. THE CITY OF FEDERAL WAY AGREES: (1) To pay to the Society a total Base Compensation of $76,000 for 2021 and the Base Compensation for the years 2022 and 2023 will remain the same at $76,000. The Base Compensation amount will be paid monthly as 1/12th of the annual contract costs, or $6,333,33 per month for 2021 through to the end of 2023. Additional charges beyond the Base Compensation may accrue as otherwise set forth in this Agreement. In 2024 a COLA plus 1% price increase will be applied to the Base Compensation with COLA being defined as the annual average: of the Seattle -Tacoma -Bellevue metro area CPI-U as determined by the Bureau of Labor Statistics. The same formula will be applied to 2025 with an annual COLA plus 1% increase and again in 2026 with a further COLA plus 1 % increase. Monthly payments are due on or before the 10th of each month, with the final payment due by January 10 of the following year. Any payment in full over 60 days late may cause a suspension.of service and will automatically be charged a 1% penalty, (2) To allow the Humane Society to retain all adoption, impound, board, fines and other fees collected from the public for animals accepted into the shelter since the Society has factored retention of such fees into the cost of the contract. (3) To provide the Humane Society all licenses and licensing material for the City of Federal Way and other entities with whom the City of Federal Way has contracted. (4) The Society does not have emergency veterinary or intensive care facilities (ICU) and cannot provide overnight monitoring of animals. Animals needing emergency medical care, will be taken to an appropriate facility to be treated prior to booking with the Society. For the purposes of this contract, emergency medical treatment is defined as a level of care higher than the Society can provide, such as obvious broken bones, trauma, or other medical issues that would require intensive care and monitoring. Until the Humane Society accepts the animal, the City of Federal Way is responsible for all after-hours emergency medical treatment of any animal that the City impounds. (5) During hours that the Shelter is open, the Society normally has a veterinarian available to provide routine veterinary care; however, in the event that the Humane Society does not have a veterinarian available to provide routine veterinary care at the Shelter, any animals needing such care shall be the responsibility of the City of Federal Way. The Society shall immediately inform Federal Way Animal Control when the Society does not have a veterinarian available to provide routine veterinary care at the Shelter and the expected duration. The City of Federal Way is responsible for transporting the animal to the chosen veterinary clinic and to the Humane Society once the animal is stabilized. The Society will use commercially reasonable efforts to obtain routine veterinary services for the Shelter during the life of this Agreement, (6) The City of Federal Way animal control officers will not bring known feral cats to the Society unless they can be neutered and returned to field. It is accepted that stray cats frequently cannot be identified as true strays or feral cats and this clause only relates to known feral cats and/or members of feral cat colonies. On the same principle the Society cannot accept feral cat colonies that cannot be returned to field following spay/neuter surgery as the only options would be euthanasia and it would therefore be more humane to leave the feral cats where they are. (7) The City of Federal Way animal control officers will completely and accurately perform the data input required for shelter admission as well as scan each animal for microchips. The Society will provide the necessary training for the computer intake requirements. The Society will create the shelter admissions policy and provide it to the City of Federal Way. 0 (8) To hold the Society harmless from any damages or attorneys' fees or costs incurred by the Society, as a result of litigation which (a) names the Society and (b) involves a City of Federal Way ordinance that is declared illegal or unenforceable and upon which the Society relied in the performance of its obligations under this agreement. MUTUAL COVENANTS AND UNDERSTANDINGS — both parties hereto agree to the following conditions: (1) All persons employed by the Society to perform its obligations under this contract shall be employees of the Society and not of the City of Federal Way with the proviso that the Society may from time to time have to use contract veterinarians. (2) Either party can terminate this contract upon 180 days' written notice; Provided that either party may terminate upon 60 days' written notice for breach of any material clause herein. To facilitate timely renewal or termination, the parties agree to commence negotiations for the 2027 to 2029 contract by August 1, 2026, and to gather and provide to each other all pertinent data reasonably necessary to meaningfully negotiate. (3) 1Vlodificat€on. This instrument constitutes the entire Agreement between the parties and supersedes all prior agreements. No modification or amendment shall be valid unless evidenced in writing, properly agreed, to and signed by both parties. In the event either party shall desire to renegotiate any provision of the agreement, the party shall provide 90 days' notice to the other party. The notice shall identify the provision or provisions to be renegotiated, the requested changes, and shall state the reasons for the request. The party receiving the request shall respond in writing on or before the end of the 90-day period. (4) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre -paid and addressed to the party at its address as stated in this Agreement or at such address as any party may designate at any time in writing. Notice of Monthly Billing and Licenses issued shall be e-mailed to: ATTN: Casey Jones caseV,Lol7esp. ityoffederqfwa . com CC: Suzanne. Mortell and Lynette Allen suxanl�e.rt�ortellcit offederalwa .com l. n.elte.Mien drf offederalwa ,cola Notice to Municipality shall be sent to City of Federal Way Mayor's Office 33325 8th Avenue S Federal Way, WA 98003 Notice to the Society shall be sent to. Stuart Earley, CEO 2608 Center Street Tacoma, WA 98409 (5) Litigation Costs, nd. Fees. In the event of litigation concerning the terms of or performance under this Agreement, each party shall bear its own costs and attorneys' fees. (6) Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and shalt confer no benefits, direct or implied, on any third persons, (7) Signatures. Each signer below represents that they have the legal authority to enter into this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute the same agreement, The parties agree that scanned, faxed, PDF, or electronic signatures will have the same force and effect as original hand-written signatures. For purpose of this Agreement, "electronic signature" means an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record. End of Agreement. Signature page immediately following. 0 DATED: �24DATE THE HUMANE SOCIETY FOR CITY OF FEDERAL WAY TACOMA AND PIERCE COUNTY Stuart r ey, CEO %Sp �a-nie Courtney, CI City Clerk Approved as to form: 3�c'u. J. Ryan Call, City Attorney COUNCIL MEETING DATE: January .19, 2021 ITEM #: 5'... . . ..... CITY COUNCIL AGENDA BILL SUBJECT: THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY AGREEMENT FOR SHELTER AND RELATED SERVICES POLICY QUESTION: Should the police department enter into a professional services agreement with the Humane Society for Tacoma and Pierce County? COMMITTEE: PRHS&PSC MEETING DATE: Jan. 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Casey Jones DEPT: PD Attachments: 1. Staff Report 2. Proposed agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMEND TION: #1 MAYOR APPROVAL: ■ DIRECTOR APPROVAL: �S zD ['oma ntcc Chun LtC[ia . is Initial/Date Ole[nitiall aFe COMMITTEE RECOMMENDATION: "I move to forward the proposed Humane Society Agreement to the January 19, 2021 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Humane Society Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK .S OFFICE iNCIL ACTION APPROVED �1�1(� (f� COUNCIL BILL# ❑ DENIED l ` First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1 1 /2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Professional Services Agreement with the Humane Society for Tacoma and Pierce County Financial Impacts.: The following is a summary of the financial impacts of this six -year professional services agreement between the City and the Humane Society of Tacoma and Pierce County: The annual base cost to the City for 2021, 2022, and 2023 will be $76,000 per year. In 2024, an increase of COLA plus 1 % will be applied. COLA is defined as the annual average of the Seattle -Tacoma -Bellevue metro area CPI-U as determined by the Bureau of Labor Statistics. The same formula will be applied to 2025 with an annual COLA plus 1 % increase and again in 2026 with a further COLA plus 1% increase. Since 2011 the CPI has been between 1.2 and 3.2 each year. Also, the Society will retain all pet license fees. There are also additional charges for impounded or quarantined animals held over three days: The first three days are covered under our flat rate agreement and then after three days, board will be charged to City at the rate of $26.50 per day in 2021, $27.30 per day in 2022, and $28.10 per day in 2023. From 2024 through to 2026 the rates will increase each year by COLA plus 1%. Backs!round Information: Our Animal Services Unit has contracted with the Humane Society since the inception of our Animal Services Unit in 2011. The City uses the Humane Society for stray animals, impounded animals, disposal of unclaimed animal carcasses, and for licensing services. The Humane Society plays a vital part in reuniting lost animals with owners, in adopting found animals with their forever families, and in animal abuse investigations. They hold our animals that have been quarantined due to an attack and they have holding areas for animals that have been declared vicious or dangerous. The police department explored alternatives to the Humane Society but ultimately recommends continuing our relationship with them. By continuing our relationship with the Humane Society, the people and animals of Federal Way benefit from the continuity and from the Humane Society's mission of enhancing animal welfare. Rev. 7/18 3/16/2021 Washington State Department of Revenue Washington State, Department of Revenue < Business Lookup License Information: New search Back to results Entity name: THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY Business THE TACOMA-PIERCE COUNTY HUMANE SOCIETY AND SOCIETY FOR THE name: Entity type: Nonprofit Corporation UBI #: 278-004-980 Business ID: 001 Location ID: 0001 Location: Active Location address: 2608 CENTER ST TACOMA WA 98409-7602 Mailing address: 2608 CENTER ST TACOMA WA 98409-7602 Excise tax and reseller permit status: Click here Secretary of State status: Endorsements Endorsements held License # Click here Count Details Status I I Expiratio First issu: https://secure.dor.wa.gov/gteunauth/_/#2 1/3 3/16/2021 Washington State Department of Revenue Endorsements held License # Count G Expiratio First issu; Minor Work Permit Veterinary - 10662 Rad/Fluor/Dent/C T/Accel X-Ray: 10662 Dental/Podiatric/ Veterinary Active 1 Active Active Oct-31-2 Jan-18-21 Oct-31-2 Apr-17-2 Oct-31-2 Apr-17-2 Governing People May include governing people not registered with Secretary of State Governing people BOYLE, TI M LEESE, GAIL LOEWEN, AMANDA ZANOWSKI, GEMMA Registered Trade Names Registered trade names Status THE HUMANE SOCIETY Active FOR TACOMA AND PIERCE COUNTY First issued Feb-27-1991 The Business Lookup information is updated nightly. Search date and time: 3/16/2021 10:06:26 AM https://secure.dor.wa.gov/gteunauth/—/#2 2/3 3/16/2021 Washington State Department of Revenue Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/_/#2 3/3