HomeMy WebLinkAboutInterlocal w- Animal Sheleter ServicesINTERLOCAL AGREEMENT BETWEEN THE CITY OF ELLENSBURG AND
KITTITAS COUNTY FOR ANIMAL SHELTER SERVICES
This Interlocal Agreement for the provision of animal shelter services is made and
entered into on the — day of January, 2020, by and between the City of Ellensburg (hereinafter
"Ellensburg"), and Kittitas County (hereinafter the "County"), collectively the "parties."
WHEREAS, the City of Ellensburg owns an animal shelter ("Shelter") which is used by
both City of Ellensburg and Kittitas County residents; and
WHEREAS, the City of Ellensburg and Kittitas County desire to continue in effect their
contract for the performance of certain animal shelter services as described herein, on the same
terms and conditions as agreed upon in their immediate past agreement, except with regard to the
amount of compensation which should be increased by two percent (2%) in each year of this
Agreement;
WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any city
to contract with any other city/county to perform any governmental service, activity or undertaking
which each contracting city/county is authorized by law to perform; and
WHEREAS, the governing bodies of each of the parties hereto have determined to enter
into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law,
as amended,
NOW, THEREFORE, it is hereby agreed as follows:
1. Services. Ellensburg shall provide animal shelter services to the County and its residents
according to Ellensburg Police Department Policy. Shelter services shall include care, housing
and disposition of lost, stray or owner released dogs and cats, holding of dangerous or
confiscated dogs and cats, and related services. Dispositions will include adoption, return to
owner, transfer to rescue or euthanasia. Ellensburg's provision of shelter services to the County
and its residents under this Agreement shall be performed in accordance with Ellensburg City
Code (ECC) section 5.30.160 pertaining to impoundment, violation notices and adoption of
animals. All fees collected by Ellensburg in accordance with ECC 5.30.160 will be retained by
Ellensburg for operation of the Shelter. The parties understand and agree that this shelter services
Agreement does not include animal control functions or enforcement.
2. Compensation. Fifty -Six Thousand, Forty -Three Dollars ($56,043) shall be paid by the
County to Ellensburg for shelter services for 2020, with an increase of two percent (2%) annually
in each subsequent year of the Agreement.
3. Payment. Ellensburg shall bill the County quarterly. The County shall pay to Ellensburg
on a quarterly basis said charges as outlined in paragraph 2 above.
4. Receipt of animals. Ellensburg shall make provisions to receive dogs and cats at the
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Shelter from the Kittitas County Sheriff's Office at all times of the day or night.
5. Maintenance of records. Ellensburg shall keep records and statistics of all animals
turned over to its Shelter, which records shall include the place of origin of the animal. These
records will be available to the County for inspection upon request.
6. Indemnification.
(a) Ellensburg shall indemnify and hold harmless the County and its officers, agents, and
employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses
and damages of any nature whatsoever, by reason of or arising out of any act or omission of
Ellensburg, its officers, agents, and employees, or any of them, in the handling of animals at the
Ellensburg Animal Shelter. In the event that suit based upon such a claim, action, loss or damage
is brought against the County, Ellensburg shall defend the same at its sole cost and expense;
provided that the County retains the right to participate in said suit if any principle of
government or public law is involved; and if final judgment be rendered against the County, and
its officers, agents, and employees, or any of thein, or jointly against the County and Ellensburg
and its respective officers, agents, employees, or any of them, Ellensburg shall satisfy the same.
(b) The County shall indemnify and hold harmless Ellensburg and its officers, agents, and
employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses,
and damages of any nature whatsoever, by reason of or arising out of any act or omission of the
County, its officers, agents, and employees, or any of them, in the transferring to Ellensburg
custody of any County animals for housing in the Ellensburg Animal Shelter. In the event that
suit based upon such a claim, action, loss or damage is brought against Ellensburg, the County
shall defend the same at its sole cost and expense; provided that Ellensburg retains the right to
participate in said suit if any principle of governmental or public law is involved; and if final
judgment be rendered against Ellensburg, and its officers, agents, and employees, or any of them,
or jointly against Ellensburg and the County and its respective officers, agents, and employees,
or any of them, the County shall satisfy the same.
7. Duration. The term of this Agreement shall be for three (3) years, from January 1, 2020
and ending on the December 31, 2022. The amount of compensation set forth in section 2 herein
for 2020-2022, and all actions taken in pursuance thereof, are hereby ratified and confirmed.
8. Termination. This Agreement shall remain in full force and effect until terminated by
agreement of the parties, or by written notice of termination given by one party to the other party
at least thirty (30) days prior to the date of termination. Charges will be pro -rated for any portion
of a quarter that shelter services are provided should such cancellation occur.
9. Assignment. This Agreement cannot be assigned, transferred or any portion
subcontracted by either party hereto without the prior written consent of the other party.
10. Future Support. Neither party to this Agreement makes any commitment to future
support and assumes no obligation for future support of any activity contracted for herein, except
as may be expressly set forth in this Agreement.
11. Compliance with Laws. Each party hereto, in its performance of this Agreement, agrees
to comply with all applicable local, State and Federal laws and ordinances.
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12. Relationship of the Parties.
(a) No agent, employee or representative of Ellensburg shall be deemed to be an agent,
employee or representative of the County for any purpose, and the employees of Ellensburg are
not entitled to any of the benefits the County provides to County employees. No agent, employee
or representative of the County shall be deemed to be an agent, employee or representative of
Ellensburg for any purpose, and the employees of the County are not entitled to any of the
benefits Ellensburg provides to Ellensburg employees.
(b) In the performance of the work herein contemplated, the party performing the work is
an independent contractor with the authority to control and direct the performance of the details
of the work; however, the work contemplated herein shall be subject to the general rights of
inspection and review of the party requesting the work be done, to secure the satisfactory
completion thereof.
13. Jurisdiction. Any legal dispute between the parties to this Agreement shall be governed
by the laws of the State of Washington, and any action to enforce this Agreement shall be
brought in Kittitas County, Washington.
14. Modification. The provisions of this Agreement may be modified or amended only by
written mutual consent of the parties.
15. Waiver. A failure by either party to exercise its rights under this Agreement shall not
preclude that party from subsequent exercise of such rights and shall not constitute a waiver of
any other rights under this Agreement unless stated to be such in a writing signed by an
authorized representative of the party and attached to the original Agreement.
16. Severability. If any provision of this Agreement or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the other
provisions of this Agreement which can be given effect without the invalid provision, if such
remainder conforms to the requirements of applicable law and the fundamental purpose of this
agreement, and to this end the provisions of this Agreement are declared to be severable.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
Approved as to form:
City Attorney
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KITTITAS COUNTY
Cory Wright, Chairman
Brett Wachsmith, Vice -Chairman
Laura Osiadacz, Commissioner
Attest:
Clerk of the Board