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Home My WebLink About121718_ca32JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners PhilipMorley, County Administratou��? Y� tY ��i � //3�1 � FROM: Mark McCauley, Central Servi irector l DATE: December 17, 2018 RE: Request for Board of County Commissioners approval of a Proposed Amendment #2 to License Agreement for the Humane Society of Jefferson County, Washington (Humane Society) for Animal Shelter Operations and Related Services (License Agreement) STATEMENT OF ISSUE: The License Agreement with the Humane Society expires on December 31, 2018. As the County and its citizens will continue to need the services provided by the Humane Society under this License Agreement an extension is in order. ANALYSIS: The County has successfully collaborated with the Humane Society since 2012 to provide animal shelter operations and related services for animals in the county. The current license agreement has been in place since 2014. It was extended through December 31, 2018 with some other changes in terms in 2016 via Amendment #1. The proposed attached Amendment #2 extends the term for an additional five (5) years through December 31, 2023. It changes other terms such as: 1.) adds charges for the actual cost of facility maintenance; 2.) adds dangerous dog registration fees to the list of fees the Humane Society can retain. FISCAL UVWACT: This request has a positive net fiscal impact. It will provide revenue to offset the cost of maintaining the Animal Shelter facility. RECOMMENDATION: That the Board of County Commissioners approve the attached proposed Amendment #2 to the License Agreement. REV&WED BY: 77 ilip Morley, oun Administrator Date AMENDMENT #2 TO LICENSE AGREEMENT for THE HUMANE SOCIETY OF JEFFERSON COUNTY, WA for ANIMAL SHELTER OPERATIONS AND RELATED SERVICES WHEREAS, Jefferson County (County) and the Humane Society of Jefferson County, WA (Humane Society) entered into a License Agreement for Animal Shelter Operations and Related Services on December 22, 2014 (License Agreement); and WHEREAS, the License Agreement was amended through Amendment #1 on December 19, 2016 to extend the term of the License through December 31, 2018 and amend certain other terms; and WHEREAS, the extended term of the Amended License expires after December 31, 2018; and WHEREAS, the County and the Humane Society wish to extend the term of the License Agreement through December 31, 2023 and incorporate other changes to further perfect the License Agreement NOW, THEREFORE, the License Agreement for Animal Shelter Operations and Related Services between the County and the Humane Society, as executed on December 22, 2014 and amended on December 19, 2016, is hereby further amended, as follows: A.) The thirteenth WHEREAS of the License Agreement is hereby amended, as follows: WHEREAS, the benefits to Jefferson County include but are not limited to the Humane Society providing the County with: operation of the shelter including staffing, supplies, and utilities; provision of veterinary services to shelter animals; impounding of animals seized by the County and providing 24-hour access to the Shelter; training of County staff to impound animals; disposal of dead animals delivered by the County as required by JCC 6.07.200; providing shelter services to the citizens of Jefferson County for stray companion animals from unincorporated areas; providing adoption and spay/neuter services for unwanted companion animals; administration of animal licensing and renewals for dogs and cats in unincorporated county areas; and B.) Section 2. Term of the License Agreement, as previously amended, is hereby further amended, as follows: TERM: The term of this License shall be January 1, 2014 through December 31, 2023, except for duties under Section 8. Records and Deliverables, which shall survive the term of this License until the County determines that the deliverables relating to Shelter operations and finances in 2023 have been met. This License may be extended upon written agreement mutually executed by the parties regarding terms and conditions. C.) Section 4. Facility Maintenance Fee is hereby amended, as follows: FACILITY MAINTENANCE FEE: Jefferson County will track facility maintenance costs as they occur and will invoice the Humane Society quarterly for such costs. Invoices will be accompanied by a detailed cost report supporting the invoiced amount. Amounts invoiced shall be payable by the Humane Society no later than thirty (30) days after receiving the invoice. D.) Section 7.E. is hereby amended, as follows: The Humane Society will provide for the disposal (rendering or cremation) for deceased animals turned over to the Humane Society by Jefferson County as required by JCC 6.07.200, and cats and dogs from unincorporated Jefferson County, which may die during the time of sheltering. E.) Section 7.K. is hereby amended, as follows: Animals impounded by the County and awaiting disposition by the courts or an administrative hearing will be held for up to five (5) days with board charged to Jefferson County at the rate of $10 per day for a dog and $5 per day for a cat. For animals impounded by Jefferson County personnel, after 5 days, board will be charged to Jefferson County at the board rate established in County Code. Animal owners redeeming their animals may be subject to certain fees at the time of redemption per JCC 6.07.220 or JCC 6.07.470, based on circumstances. F.) Section 7.N. is hereby amended, as follows: The Humane Society shall retain all shelter, animal and kennel license fees, dangerous dog registration fees, and costs collected for county animals, and all such receipts shall be used exclusively for the cost of operations and services provided to the County under this agreement, and shall not be used to support or subsidize services provided to others. G.) Section I I.A. is hereby amended, as follows: The Humane Society is hereby authorized to be a Licensing Agent for Jefferson County for the sale, renewal, processing and tracking of County animal and kennel licenses, dangerous dog registrations and shall collect fees and late fees as established by Jefferson County. The County hereby authorizes the Humane Society to retain all shelter, animal and kennel license fees, dangerous dog fees and any other costs collected for County animals, and all such receipts shall be used exclusively for the cost of operations and services to the County under this agreement and shall not be used to subsidize services provided to others. H.) Section 23. Compliance with Law & Restrictions on Use is hereby amended, as follows: COMPLIANCE WITH LAW & RESTRICTIONS ON USE: The Humane Society shall comply with all applicable laws, regulations, policies or orders of any lawful government authority. The Humane Society agrees to take all necessary steps to comply with all federal, state and County laws and policies regarding nondiscrimination and equal employment opportunities. The Humane Society shall not discriminate in any employment action, use of volunteers or in providing public access to services subject to this agreement because of race, creed, color, national origin or ancestry, religion, sex, gender identity, sexual orientation, age, marital status, status as honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap except for bonafide occupational requirements. The Humane Society (and it invitees, licensees, contractors, agents, employees or representatives) shall not use or occupy the Premises in violation K of any statute, rule, ordinance, order, regulation or certificate of occupancy in effect and applicable to any part of thereof (hereinafter "Applicable Laws"). Nor shall the Humane Society do or permit to be done in or about the Premises, or any part thereof, or bring into, keep, or permit to be brought into or kept in or about the Premises, or any part thereof, anything that might constitute a waste, nuisance or unreasonable annoyance to County, other tenants of the Premises and/or members of the general public. The Humane Society shall not cause or permit any unusual or objectionable odors to be produced or permeated in or about the Premises. Neither the Humane Society, nor any of the Humane Society's employees, servants, agents, contractors, licensees or invitees shall at any time bring or keep in or about the Premises any toxic, hazardous, flammable, combustible or explosive fluid, chemical or substance other than as reasonably necessary for Humane Society's permitted uses of the Premises in accordance with this section. The Premises are smoke free, and are drug and alcohol -free except for the medical treatment of animals at the shelter. IN WITNESS WHEREOF Jefferson County and the Humane Society have signed this Amendment #2 to the License Agreement this day of , 2018. HUMANE SOCIETY OF JEFFERSON COUNTY, WA JEFFERSON COUNTY BOARD OF COMMISSIONERS Paul Becker, President Date David Sullivan, Chair ATTEST: Carolyn Gallaway, Deputy Clerk of the Board APPPROVED AS TO FORM: r Philip C. Hunsucker, ief Civil Deputy Prosecuting Attorney