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HomeMy WebLinkAbout013 88 ~c ~f1'J_,~ ,--:¡: i)"ìcrhx I-ft'o:...) ) N 'I ., ' t:v_tfJ\ ; -')~ ' RESOLUTION NO. 13-88 PAYMENT OF FEES TO BAYSHORE ENTERPRISES WHEREAS, the Board of Jefferson County Commissioners entered into an Agreement wi th Bayshore Enterprises on the 20th day of July, 1987, to provide Animal Control services wi thin the unincorporated areas of Jefferson County for the period of August 1, 1987 through October 1, 1991, and WHEREAS, the County authorized Bayshore Enterprises to act as their agent for the purpose of issuing animal licenses and collecting fees pursuant to the County Animal Ordinance and to conduct an animal licensing program in compliance with animal licensing requirements; and WHEREAS, the County also agreed to pay Bayshore Enterprises all fees collected for the issuance of animal licenses by the Jefferson County Auditor's office; now, therefore, BE IT RESOLVED, by the Board of Jefferson County Commissioners, that all fees collected for the sale of animal licenses issued by the Jefferson County Auditor's office are to be paid to Bayshore Enterprises on a quarterly basis for the duration of the said agreement. '/, ~~OVED this ¿JS--i:Ãday /. .._, '( c-ïï., ~~ ,', . ',,-:~·--;1:. ; J ~~, , J'¡; · -.... O~\' 'r"" 1"" ,.;" ... . ' .~ of January, 1988. fiX .,' '1 f"t .'~ JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS , SEAL: ":, \ .. . .', . \......-:'"'. . · >, · o/,f)1 . " ~'ì. · ....t'-\t ) . ,,\ .. . · k.J.~. .¡.>':: ' :. .~ , " ..' Larr Dennison, Member ..../ .-(.";~-&'~_ tl-~ ¡!L.-e-<.~_,.~ George C· Brown, Member ATTEST :\ ,.to!. 14 fÞ\;: ~~ ! ' ~.i,~ 456 , "ai, Il,Þ~ . t-V J \!.', ' (') \,.'¡j'.' " (.'1/" /'''",C/ ,,/~ 11 1~" If '.I 1J¡>rì ,¡; It (1,\ ,),' ¡' '" ,t,. 1 6,~D ; ,~, ' 1,\" l' '{ , , ;j,.-<í~"J íJ.1' ..; , I) () )J/ ,,~'IJ.,v;3V '., r, I}' ~ L . '. ~\ ~ t\ ,-" l, ANIMAL CONTROL AGREEMENT Exhibit A AN AGREEMENT by which Bayshore Enterprises, a non-profit corporation hereinafter referred to as "Contractor", agrees to operate the Port Townsend animal control shelter and provide certain animal control services to the City of Port Townsend, hereinafter referred to as "City," and ~Jefferson County, hereinafter referred to as "County," for the stated consideration and in accordance with the terms and conditions provided herein and setting forth the rights and responsibilities of the parties. WHEREAS, the City has assumed certain animal control responsibil- ities within the corporate limits of Port Townsend pursuant to the provisions of Title 8 of the Port Townsend Municipal Code; and WHEREAS, Jefferson County has assumed certain animal control responsibilities within the unincorporated areas of Jefferson County; and WHEREAS, n~ither public entity has sufficient permanent staff to satisfactorily provide the services required; and WHEREAS, the City and County find that certain economic benefits and consistency of effort would be derived by the initiation of a joint contract between the public entities and the Contractor pursuant to RCW 39.34 (Intergovernmental Cooperation Act); and WHEREAS, the City Council of the City of Port Townsend has authorized the Mayor to negotiate with Bayshore Enterprises for animal control services following a competitive proposal process pursuant to RCW 39.80; and WHEREAS, the Board of Commissioners of Jefferson County has determined that Bayshore Enterprises can satisfactorily provide the services required by the terms of this agreement within the unincorporated areas of Jefferson County; now, therefore, IN CONSIDERATION OF the promises contained herein, duties assumed hereunder and the rights arising hereunder, and for other good and valuable consideration, IT IS AGREED AS FOLLOWS: Section I, OPERATION. The Contractor agrees to operate in the City and County's behalf the animal control facilities located on Hastings Avenue which are owned by the City and shall also provide animal control services as further described herein. Section 2, TERM OF AGREEMENT. The Contractor's obligation to perform shall commence on August 1, 1987, and terminate on - 1 - ,'., ~ ~.r '. , i ,j 'y¡: , J.. t f,\J_ 'f'OP" _ ~~F:q7 December 31, 1991; provided however, should the parties fail to come to terms on a mutually acceptable contract upon the expiration of this agreement, the Contractor shall continue to provide the services described herein on a month to month basis pending execution of a new agreement or the retention of an alternate contractor. Section 3, FACILITIES. The Contractor agrees to operate and maintain the animal control facilities owned by the City and located on Hastings Avenue. The Contractor agrees to properly maintain the facilities and equipment in a clean and sanitary manner and not permit any condition that would constitute a public nuisance. Section 4, DUTIES. The Contractor agrees to act as the impounding authority for both the City and County, and shall faithfully and vigorously enforce their animal control ordinances and all applicable state laws by: A. Receiving and acting on referred telephone calls pertaining to animal control and related information. B. Investigating and following up on animal control complaints brought by the public, health services, hospitals and other governmental agencies. C. Patrolling within the corporate limits of Port Townsend to enforce compliance with City animal control ordinances and all applicable state laws. D. Receiving and caring for all dogs and cats brought to the animal control facility. E. Providing humane disposal of unclaimed animals after holding these animals no less than five days unless sickness or injury requires earlier disposal. F. Adequately providing for the disposal of the carcasses of dead animals in accordance with Section 10 of this agreement. Removing small dead animals, wild or domestic, within twenty-four hours of notification of the whereabouts of such a carcass. G. Providing rodent proof containers for storing food. H. Stocking adequate number of dog and cat traps and cat carrying cases for use by residents upon application and deposit. I. Performing all the functions necessary hereunder without allowing unsightly conditions, objectionable odors or noises in or about the animal shelter. - 2 - " 'J rAGE IC..,.. '. \t"~ 8" , 01.- , .~ '; ,""'" . Section 5, HOURS OF OPERATION. The contractor agrees as a minimum duty to provide animal control services from 9:00 AM to 5:00 PM Mondays through Saturdays and shall keep the shelter facilities open to the public Mondays through Fridays, except Tuesdays, from 12:00 Noon to 4:00 PM and Saturdays from 10:00 AM to 2:00 PM. The shelter shall be closed to the public on Sundays, Tuesdays and those regular holidays on which City and County offices are closed. Section 6, DUTY OF CARE. The Contractor agrees to give the best possible care and treatment to all animals in its custody and control by assuring that each is comfortably housed, protected from harm, and adequately fed; and by not permitting the shelter facility to become overcrowded. Section 7, LICENSING AGENT. The City and County hereby authorize the Contractor to act as their agent for the purpose of issuing animal licenses and collecting fees therefore pursuant to the terms of City and County ordinances. The Contractor is further authorized t~ retain all fees collected, provided that an accurate accounting is made to the City and County. The Contractor agrees to conduct an animal licensing program for both the City and County which maximizes compliance with animal licensing requirements. Section 8, LICENSING INFORMATION. The Contractor agrees to maintain a comprehensive licensing information file separately for the City and County indexed both by license number and name of owner, and to provide such information to the public upon request. Section 9, ANIMAL RELEASE, LICENSE REQUIRED. CONSTRAINTS. The Contractor agrees not to release any unlicensed dog or cat in its custody and control until a valid City or County license has been obtained. The Contractor further agrees not to sell, transfer or release any animal to be used for research or any other use other than household pet. Section 10, CARCASS DISPOSAL. The Contractor agrees to dispose of all small dead animals in a safe and sanitary manner in compliance with applicable City, County and State laws and regulations. Disposal of large dead domestic animals is the responsibility of the animal's owner. Disposal of large dead wild animals is the responsibility of the State Game Department or, in some cases, the State Department of Transportation. In the event that a person responsible for disposal of such animals cannot be located in a timely manner, the Contractor agrees to arrange for disposal and the costs of such disposal shall be the responsibility of either the City or County, depending upon which jurisdiction the carcass laid. - 3 - r 2t::, ~::~ 9 ,- ; ¡ ; \ ' ," I j ,". <- ,J f,~GE Section 11, PUBLIC EDUCATION. The Contractor agrees to conduct a continuous program of education designed to promote the proper care and treatment of animals and to stimulate public support for such treatment and for the enforcement of City and County ordinances relating to animal control. The program may include visual aids, films, slides, brochures, or other materials to be used alone or with an oral presentation. On or before October 31 of each year of this agreement, the Contractor agrees to submit to the City and County a copy of the proposed public education program for the coming year. Section 12, EMPLOYMENT. The Contractor agrees to employ at least three (3) animal control officers who shall devote at least thirty (30) hours per week on a schedule which will provide daily patrols within the corporate limits of the City of Port Townsend. The Contractor shall insure that all of its employees act in a professional and business-like manner and that no rude or unseemly actions or attitudes shall be tolerated in their day-to- day dealings with the public. The Contractor shall not discrim- inate against. any employee or applicant for employment, or any other person because of race, color, religion, sex, age, or national origin. The Contractor shall take affirmative action to assure that applicants are employed and that employees are treated impartially during employment without regard to their race, color, religion, sex, age, or national origin. Section 13, TRAINING. It shall be the obligation of the Contrac- tor to provide adequate training to its employees to satisfac- torily perform the obligations of this agreement and the City and County agree to assist in such training to the degree prac- ticable. Section 14, LIABILITY AND INSURANCE. The Contractor assumes full responsibility for any and all damages which may arise from the occupancy or use of the animal control facility or in the performance of its operations, and agrees to hold the City harmless from same. The Contractor shall at all times, at its sole expense, keep in full force and effect public liability insurance protecting the City and County from any and all such claims in the amount of one million dollars or in a different amount as later may be approved by the City and County. Section 15, SURETY BONDS. The Contractor agrees to provide, at its sole expense, adequate surety bonds and/or other evidence of its financial responsibility to protect the parties to this agreement from any liability, judgement, claim and the cost of resisting same, arising out of any act or neglect on the part of any officer, employee, or agent of the Contractor. The contrac- tor agrees to cause to be bonded, at its sole expense, all of its employees and agents who in the exercise of their duties, collect and have custody of public monies. The Contractor further agrees - 4 - i,j f,ICE 1':1' . h I: ~ '')£':90 "..I ',. to save and hold the City harmless from any and all causes of action, judgments, claims, or demands, or from any liability of any nature arising out of the exercise of this agreement. Section 16, FACILITY EXPENSE. INSURANCE. The Contractor agrees to pay all utilities, such as heat, electricity, garbage removal, water, sewer, drainage, and telephone. The Contractor further agrees to keep in full force and effect, at its sole expense, fire and theft insurance upon both the animal control facility and contents in such amount and form as prescribed by the Mayor. Section 17, LIENS NOT PERMITTED. The Contractor shall suffer no liens or encumbrances to be placed upon the animal control facility and shall make no substantial changes or alterations of the animal control facility without first having obtained the written consent of the Mayor. Section 18, FACILITIES. CITY-COUNTY OBLIGATION. It is agreed and understood tþat the City and County have the obligation to provide the Contractor with adequate animal control facilities and, in the event existing facilities should be destroyed, damaged or become unavailable, it shall be the obligation of the City and County to provide adequate substitute or replacement facilities. Upon such contingency the City and County shall jointly share such costs as their respective interests disclose. Section 19, ANIMAL CONTROL VEHICLE. The City shall provide and the Contractor shall maintain one 1983 Chevrolet van with multi- cage animal boxes, two-way radios, and other necessary animal control equipment. The Contractor further agrees to keep in full force and effect vehicle liability, personal injury and collision insurance in such amount and form as prescribed by the Mayor. The City and County agree to provide equally for the replacement of said animal control vehicle and for this purpose each agrees to place in separate reserve at least Fifteen Hundred Dollars ($1,500) each calendar year, commencing with 1988, until said vehicle is replaced or this agreement is terminated, whichever occurs earliest. - 5 - "/ ~'I ~ .. '_ íAGE n - 2~·~<Ql Section 20, COMPENSATION. In consideration of the services performed on behalf of the City and County during the term of this agreement, the City and County shall, subject to adjustments provided for in Section 21 of this agreement, pay to the Contrac- tor the following amounts of money on or before the dates indicated below: DATE CITY COUNTY August 1, 1987 $7,658.33 $5,579.00 October 1, 1987 $7,050.00 $4,125.00 January 1, '1988 $9,016.25 $5,500.00 April 1, 1988 $9,016.25 $5,500.00 July 1,1988 $9,016.25 $5,500.00 October 1, 1988 $9,016.25 $5,500.00 January 1, 1989 $9,192.00 $6,050.00 April 1, 1989 $9,192.00 $6,050.00 July 1, 1989 $9,192.00 $6,050.00 October 1, 1989 $9,192.00 $6,050.00 January 1, 1990 $9,349.25 $6,655.00 April 1, 1990 $9,349.25 $6,655.00 July 1, 1990 $9,349.25 $6,655.00 October 1, 1990 $9,349.25 $6,655.00 January 1, 1991 $9,483.75 $7,320.50 April 1, 1991 $9,483.75 $7,320.50 July 1, 1991 $9,483.75 $7,320.50 October 1, 1991 $9,483.75 $7,320.50 The contractor shall be compensated pro rata at the last rate of compensation for services performed beyond the expiration of this agreement pursuant to Section 3. Section 21, ADJUSTMENTS TO COMPENSATION SCHEDULE. The amounts scheduled for payment to the Contractor pursuant to Section 20 of this agreement may be adjusted by mutual agreement of the parties, provided the party seeking such adjustments gives notice in writing to the other parties no later than October 31 of the year preceding the year in which such adjustments are sought. The basis for such adjustments may include, but need not he limited to, unforseen revenue shortage, service adjustments, or changes in fees or fee collection methods which substantially change the non-contract revenues received or expected to be received by the Contractor. Section 22, OBLIGATION TO PAY. The obligation to pay shall be the responsibility of each individual public entity and in the event one such body fails to pay, no liability shall attach to the other. Section 23, REVENUE DIVERSION PROHIBITED. No part of the funds received by the Contractor for the City or County facilities and - 6 - \ q ·n 0.c:~CV) - _! f ~ G :- . j '"", . '^- equipment authorized for use by the Contractor shall be used for any purpose other than in fulfillment of its obligations to the City and County as herein provided. Section 24, RECORDS. The Contractor agrees to maintain complete financial records according to commonly accepted accounting principles which are current within five working days. The Contractor further agrees to maintain a complete system of records, segregated by City and County, which will show the number and kind of animals in its custody and for each such animal, the location where the animal was found, whether the animal was brought to the facility by the Contractor or by the owner or other person, the reasons for confinement, and the final disposition. In addition, the Contractor agrees that such records will also include the complaints and service requests received during each working shift and the time of response and final disposition of each. It is further agreed that City and/or the County may inspect or audit such records and that all records concerning any given animal shall be made available to such animal's owner upon request. Section 25, REPORTS. The Contractor agrees to submit a report at the close of each quarter to the City Clerk-Treasurer and the County Auditor containing the following information in a format agreeable to the City and County: 1. All fees and revenues collected segregated by source jurisdiction and type of fees and revenues. 2. An itemized list of expenditures for maintenance of facilities and equipment. 3. An itemized list of expenditures of funds received as donations, grants, loans or any other source not provided for herein. 4. An itemized accounting of payroll, taxes, utilities, fuel, and other expenses made in the provision of the services required by the terms of this agreement. 5. The number of complaints, service requests, animal impoundments, license sales, adoptions and euthanasians segregated by the jurisdiction in which the case originated. 6. An itemized list of citations issued, segregated by jurisdiction and type of violation. 7. The number and types of educational presentations and activities completed. - 7 - .,! 'i ¡"~ ,_ f.._, fJ ~~':- ("\ #'>,' .c Q "3 ~t .... 8. The log of patrol activities for the period. Section 26, ANIMAL WELFARE REPORT. The Contractor agrees to submit to the City and County by June 30, 1988, a report and recommendation for a more comprehensive animal control and welfare program. The report will be based on the experience of the Contractor, together with the experience of other public and private agencies contacted by the Contractor. The program goals to be addressed in the report are as follows: A. Control of animal population through spay and neutering services and inducements to have pets sterilized. B. Improved animal welfare and reduced neighborhood conflicts caused by animals through education, legislation and enforcement, together with improved animal shelter conditions and adoptions. C. Reduced future public costs of animal control. D. Improved efficiency in animal control services to the public. The recommendations will include sufficient detail and cost estimates to enable the City and County to make informed decisions on any program expansions and changes they may find desirable and appropriate. Section 27, TERMINATION. The City, County or Contractor may cancel this agreement without forfeiture, waiver, or release of their rights to any sum of money due or to become due hereunder by giving the other parties to this agreement written notice at least ninety (90) days prior to the termination date, provided that such notice is made no later than October 31 of the year preceding the year in which such termination is to become effective. Section 28, AGREEMENT NOT TRANSFERABLE. The Contractor shall not transfer, sell, mortgage, assign, delegate, subcontract, or in any manner convey any portion of this agreement, or its subject matter, nor shall said contractor sublet or convey any interest in any of the properties herein mentioned to any party without first obtaining the written consent of the City and County. Section 29, SURRENDER AND DISPOSITION OF PROPERTY. Upon expiration or termination of this agreement, the Contractor's authority for the use and occupancy of the premises, facilities, and equipment provided by the City and County shall cease and the Contractor shall, upon such expiration or termination surrender the premises and property promptly and in good condition to the - 8 - ~ .~ 1 '~ 'V~ ..u r, \;, j'-~ . ..-Q4 #,,# '". City and County respectively, ordinary wear and tear excepted. All equipment and personal property bought, installed or placed by the Contractor in the animal control facility or van other than fixtures and improvements to real property under this agreement shall be deemed personal and remain the property of the Contractor unless full reimbursement for the purchase has been made by the City and/or County, and the Contractor shall have the right to remove the same at the end or the term hereof subject to the Contractor's obligation to repair damages. Section 30, REPOSSESSION OF CITY/COUNTY PROPERTY. After the expiration or termination of this agreement the City and County shall upon proper written notice be entitled to enter and take possession of all of the properties herein listed on the attached Schedule "A" without any liability whatsoever therefor to the Contractor or its successors in interest. Section 31, AMENDMENTS. This Agreement may hereafter be modified or amended only by mutual agreement of the parties or as otherwise'proyided herein. Section 32, HEADINGS NOT PART OF AGREEMENT. contained in this agreement are included for readers only and are not part of the meaning this agreement. The section headings the convenience of of the provisions of CITY OF PORT TOWNSEND, by , signed , 1987. Brent Shirley, Mayor Attest: David A. Grove, City Clerk BOARD OF COUNTY COMMISSIONERS FOR JEFFERSON COUNTY, b4(~~ft~ ß(j~ Ch rman Commissioner signed ~ ð M- .,' Attest: , 1987. of the Board BAY SHORE ENTERPRISES, by signed , 1987. - 9 - \ I ~ . , . . ,L,j rÀG~ ?,CQC:- l;,,¡' . ',)