AG 18-0441 1 RETURN TO: Lynette Allen EXT: 6701
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV: POLICE
ORIGINATING STAFF PERSON: CATHY SCHROCK
EXT: 6850 3. DATE REQ. BY: FEB 6, 2018
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
X GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
O REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS)
O ORDINANCE 0 RESOLUTION
O CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL
O OTHER
. PROJECT NAME: _THE TACOMA AND PIERCE COUNTY HUMANE SOCIETY AGREEMENT FOR SHELTER AND RELATED SERVICES
NAME OF CONTRACTOR: TACOMA AND PIERCE COUNTY HUMANE SOCIETY
ADDRESS: 2608 CENTER STREET, TACOMA, WA98409 TELEPHONE_253-284-5850
E-MAIL: kgauldine@thehumanesociety.org FAX:
SIGNATURE NAME: K C GAULDINE TITLE CEO INTERIM
EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES X COMPENSATION X INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES X PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: JAN 1, 2018 COMPLETION DATE: _DEC 31, 2018
TOTAL COMPENSATION $No MORE THAN $65,000 ANNUALLY (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES X NO IF YES, $ PAID BY: 0 CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE
O PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
O PROJECT MANAGER
X DIRECTOR wig-, z/'/. p
O RISK MANAGEMENT (IF APPLICABLE)
X LAW L 7 -IT I I f
1. COUNCIL APPROVAL (IF APPLICABLE)
SCHEDULED COMMITTEE DATE: _FEB 13, 2018 COMMITTEE APPROVAL DATE: SAME
SCHEDULED COUNCIL DATE: FEB 20, 2018 COUNCIL APPROVAL DATE: _SAME 021 2* $
2. CONTRACT SIGNATURE ROUTING
O SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
O ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
O CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL / DATE SIGNED
O LAW DEPARTMENT
SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
`ASSIGNED AG#
O SIGNED COPY RETURNED
;OMMENTS:
AC f �+ @ &L
DATE SENT: (u 16.18 -4-`-
1/2018
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 municipal corporation,
hereinafter referred to as the "Municipality," 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, 2018, through December 31, 2018. 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 Municipality 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,
awaiting disposition by the courts will be held for up to 15 days and subject to an additional
charge after the first three days. After three days, board will be charged to Municipality
at the rate of $18 per day per animal.
(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 Municipality 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 Municipality. The license service for
impounded and adopted animals shall be provided during normal business hours 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 Municipality
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.
(4) To provide orientation and training to Municipality Animal Control Officers and other
Municipality staff to the Society shelter and its admissions policies, practices and other
Society operations as appropriate.
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(5) To maintain complete records of animals received and animals disposed of on behalf
of the Municipality and other entities with whom the Municipality has contracted. The
Society agrees to promptly make its records of investigations available for the
Municipality's inspection at reasonable times, and to furnish reports of the Society's
activities to Municipality, and to provide, within reason, such other data as the Municipality
requests and as may be inspected or requested by other entities with whom the
Municipality has contracted. This means the Society at such times and in such form as
the Municipality may require, shall furnish the Municipality with periodic reports pertaining
to the work and services undertaken pursuant to this Contract. The Society will make
available to the Municipality 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 Municipality and to make its employees
available for interviews conducted in the furtherance of such investigations.
(6) To provide access to computers for the Municipality for Animal Control Officers to
enter data into the database software for animals picked up by Municipality Animal Control
Officers.
(7) To provide only basic exam, fecal sample, blood tests and weight for animals involved
in cruelty investigation, per request of the Municipality Animal Control Officers to be billed
to the Municipality. 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.
The costs associated with any additional lab tests will be billed separately to the
Municipality. Cruelty cases involving 3 to 6 animals would require advance notification in
order to perform this service. Cases larger than 6 animals or animals needing detailed
history and/or physical exams would need to be performed by an outside veterinarian of
the Municipality's choice.
(8) To maintain, during the term of this Agreement and at its sole cost and expense, the
types of insurance coverages and in the amounts described below. The Society shall
furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the
Society shall take out and maintain, in full force and effect, the following insurance policies:
A. Comprehensive public liability insurance, including property damage, insuring the City
and the Society against loss or liability for damages for personal injury, death or
property damage arising out of or in connection with the performance of the Society
of its obligations hereunder, with minimum liability limits of $1,000,000.00 combined
single limit for personal injury, death or property damage in any one occurrence.
B. Such workmen's compensation and other similar insurance as may be required by
law.
C. Professional liability insurance with minimum liability limits of $1,000,000.00.
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(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
Municipality expressly promises to furnish.
(10) To hold harmless, indemnify and defend the Municipality 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 Municipality by the Society
shall not apply to any loss, claim, liability, lawsuit or legal judgment arising from the sole
negligence of the Municipality.
(11) To allow Municipality 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) Non-discrimination. The Society agrees to take all steps necessary to comply with
all federal, state and Municipality 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 MUNICIPALITY AGREES:
(1) The payment due in 2018 is calculated using an estimated 1% increase in the
Society's cost per animal based on the change in Consumer Price Index (CPI) issued in
June of every year. The 2018 payment will be adjusted to reflect the current cost per
animal based on the change in the June 2017 CPI, but not to exceed $90.76 per animal
as per Schedule A.
Monthly payments based on net 15 days from date of receipt, with the final payment due
by January 15, 2019. 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.
(3) To provide the Humane Society all licenses and licensing material for the Municipality
and other entities with whom the Municipality has contracted with.
(4) Until the Humane Society accepts the animal, the Municipality is responsible for all
after-hours emergency care of any animal that it impounds. The Municipality will be
responsible for payment of care for impounded animals taken by the Municipality after
hours to veterinary clinics by its Animal Control officers. The Humane Society has a
veterinarian available to provide veterinary care as outlined in the attached Schedule B;
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however, in the event that the Humane Society does not have a veterinarian available to
provide veterinary care at the Shelter, any animals needing such care during such times
shall be the responsibility of the Municipality. The Society shall immediately inform
Municipality when the Society does not have a veterinarian available to provide veterinary
care at the Shelter and the expected duration if other than during the hours indicated in
the attached schedule. The Municipality is responsible for transporting the animal from
any veterinary clinic to the Humane Society once the animal is stabilized.
(5) The Municipality Animal Control Officers will completely and accurately perform the
data input required for shelter admission as well as scan each animal for microchips
unless otherwise indicated in this contract . During shelter business hours, the
Municipality may contract with the Society (at an additional cost) for Society employees
to administer specified vaccines. After shelter business hours, officers must administer
specified vaccines provided by the Society to animals dropped off at the shelter as
required by shelter admissions policy, with the exception of when the Municipality Animal
Control Officers have an emergency situation or the animal's behavior is dangerous,
provided the officer notes the exception on the medical log. The Society will provide the
necessary training for the vaccinations and computer intake requirements. The Society
will provide the shelter admissions policy to the Municipality.
(6) Municipality will provide its own Potentially Dangerous Dog (PDD) and Dangerous
Dog (DD) hearings and services. Any euthanasia required by the PDD and DD
programs will be paid for by the City of Federal Way. Current rate for euthanasia is
$110.00.
(7) 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 Municipality.
(2) The term of this Agreement shall commence on the date hereof or on the 1St day of
January, 2018 and shall terminate on the 31st day of December, 2018.
(3) Either party can terminate this contract upon 180 days' written notice; Provided that
either party may terminate this 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 2019 contract by August 1, 2018, and to gather and provide to each
other all pertinent data reasonably necessary to meaningfully negotiate.
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(4) If this contract is not renewed or terminated by the expiration date of this contract, it
shall remain in full force and effect on a month-to-month basis with a 3.5% rate increase,
in accordance with the terms of this contract.
(5) Modification. 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.
(6) Administration of Agreement: This Agreement shall be administered by the Chief
Executive Officer, on behalf of the Society, and by the Mayor of the City, or designee, on
behalf of the City.
(7) 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: Cathy Schrock
Cathy.Sch rock@CityofFederalWay.com
CC: Suzanne Mot -tell
Suzanne.MortellACityofFederalWay.com
Notice to Municipality shall be sent to:
City of Federal Way
Mayor's Office
33325 8r" Ave S.
Federal Way, WA 98003
Notice to the Society shall be sent to:
The Humane Society
Attn: CEO
2608 Center Street
Tacoma, WA 98409
(9) Litigation Costs and Fees. In the event of litigation concerning the terms of or
performance under this Agreement, the prevailing party, in addition to costs, shall be
entitled to reasonable attorney's fees as determined by the court.
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(10) Benefits. This Agreement is entered into for the benefit of the parties to this
Agreement only and shall confer no benefits, direct or implied, on any third persons.
End of Agreement. Signature page immediately following.
DATED this 9, day of
THE HUMANE SOCIETY FOR
TACOMA AND PIERCE COUNTY
Date�/(fr/
, 20/
CITY OF FEDERAL WAY
yor Jim Ferrell
Date
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Humane Society/City of Federal Way
Schedule A 2018
# of Animals
602
Cost per Animal
$90.76
# Animals * Cost per Animal
$54,637.52
Total
$54,637.52
Humane Society Contract
Schedule B 2018
Veterinary Department Service Hours
Monday through Friday 9am-5pm*
The Humane Society, including the Veterinary Department, is closed the following holidays:
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
*Medical emergencies MUST be brought in by 4pm.
11/20/2017mw