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HomeMy WebLinkAbout5033 Contract Number: 5033 Vendor: KITSAP HUMANE SOCIETY Subject: Animal Control Department: Finance File Class: LEG 12-1 Begin Date: 6/6/2011 End Date: 12/31/2015 Review Date: 6/1/2015 Vault Date: 2016 Comments: Amendment #1 8/6/14 ��" .033 4A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No. 1 to the Study Session Date: July 23, 2014 Professional Services Agreement with Kitsap COUNCIL MEETING Date: August 6, 2014 Humane Society Department: City Attorney's Office Presenter: Amanda Harvey Phone: 473-2345 SUMMARY: Amendment No. 1 to the Professional Services Agreement with Kitsap Humane Society reduces the monthly compensation to the Contractor, authorizes the Contractor to retain all licensing fees, and makes other related changes. ATTACHMENTS: Proposed Amendment No. 1 to Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Current annual licensing fees is approximately $6,000 per year. The retainage of licensing fees by the Contractor is offset by the reduction of the monthly fee paid to the Contractor by the City ($500.00 per month) beginning in 2015. There will be a nominal reduction in income for the remainder of 2014 due to the Contractor retaining license fees. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 1 to the Professional Services Agreement with Kitsap Humane Society to provide animal control services and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [2(Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AMENDMENT 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON This is an amendment to the contract for animal control services entered into on June 6, 2011, ("the Contract"), between the City of Bremerton ("City") and Kitsap Humane Society ("Contractor"). WHEREAS, the City and Contractor entered into the Contract for animal control services and the parties now wish to amend the Contract relating to compensation and licensing fees and make other related changes; NOW, THEREFORE, the parties amend the contract as follows: A. Section I of the Agreement is amended to read as follows: I. Scope: The Contractor shall provide the professional services defined in this Agreement and as necessary to accomplish the scope of work attached hereto asEpi Exhibit A, Scope of Services. The Scope of Services may be modified only pursuant to Section VII.G of this Agreement. shall-enly be-per-fom the expTesswr-44ea request of City. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed and pursuant to the provisions of Chapter 7.10 BMC entitled "Impoundment and Quarantine," as currently enacted and hereinafter amended. Applicable fees and costs for services are set forth in Chapter 3.01 BMC, as currently enacted and hereinafter amended. B. Section III of the Agreement is amended to read as follows: III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor the following: 2011 $204,000 or $17,000 per month 2012 $204,000 or$17,000 per month 2013 $204,000 or$17,000 per month 2014 $204,000 or$17,000 per month 2015 $198,000 or$16,500 per month In addition, the Contractor shall retain all licensingfees ees pursuant to Section 8 of Exhibit A, and all fees collected pursuant to BMC 7.10.010(e)unless otherwise agreed by the parties. The Cit, shall pay the Contractor for costs of impoundment of animals exceeding thirty (30) days due to the Bremerton Municipal Court requiring the retention of evidence (animals). Such Boarding costs for impoundment beyond thirty (30) days shall be as set forth in Chapter 3.01 BMC. In the event the Contractor finds it necessary to board the animals at other shelters for Court ordered impoundment beyond thirty (30) days, the Cit, shall hall pay the Contractor for additional expenditures for veterinarian costs including medicine and lab work which will be billed separately at the Contractor's costs. The Contractor shall notify the City on the twenty fifth (25) day if it appears Court ordered impounded animals will be sheltered for over thirty (30) days. 1 Amendment 1 to PSA -Kitsap Humane Society The Contractor shall submit monthly invoices for services performed in a previous calendar month in a format acceptable to the City along with an appropriate report detailing the services provide for said timeframe. The City shall pay the Contractor by check within thirty (30) days of receipt of a proper invoice. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. pur-suant to this Agr-eemefit. GeatFaeteF shall efily be eempensated for- additional sen,iees if ;Ivith Exhibit B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Contractor of its obligations under this Agreement. C. Exhibit A of the Agreement entitled Scope of Services is amended to read as set forth as attached hereto. D. Exhibit B of the Agreement is removed in its entirety. All other terms of the Agreement not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Amendment the date and year indicated. KITSAP ANE SOCIETY Print Name L r Date Its [ ecu rU �t4 i- CITY OF BREMERTON 00-®16 Patty Lent yor Date Approved as to form: 5RoPA. ovich�Att Shannon Corin, City Clerk RALegal\Legal\Files urrent Active Files\Krtsap Humane Society\Amendment I to PSA.doc 2 Amendment I to PSA -Kitsap Humane Society EXHIBIT A SCOPE OF SERVICES The Contractor agrees to furnish all labor, materials, equipment, and facilities to perform the duties and services required of the official Animal Control and Humane Society of the City. Such duties and services shall include the following: 1. Impounding Authority: The Contractor shall act as the Animal Control and Impounding authority for the City and shall provide impound services and facilities for all animals for which impounding is authorized or ordered by the City pursuant to City ordinances. 2. Enforcement of Ordinances: The Contractor is designated as the Animal Control Authority and shall enforce all ordinances of the City including enforcement of Park Codes in City Parks now in effect or hereinafter enacted relative to the care, treatment, control, impounding, and licensing of animals and commercial animal facilities. The Contractor shall investigate complaints of animal cruelty under RCW 16.52 and violations of BMC Title 7, and refer appropriate complaints to the City for prosecution. The Chief of Police of the City shall commission animal control officers of the Contractor over the age of twenty-one (2 1) years as special police officers of the City with the power to enforce City Ordinances and Washington State RCW relating to animal control only. PROVIDED, that such commission shall be conferred at the discretion of the Chief of Police and may be revoked at will by him. Further, the Contractor shall assist City law enforcement officers for DUI/DWI stops and/or traffic accidents involving dogs or cats. 3. Quarantine: The Contractor, under the authority and at the direction of the Health Officer of the Kitsap County Health District, shall, pursuant to the direction of the Health Officer or in accordance with the request of the owner, quarantine all animals that shall have bitten a person so as to have broken the skin. PROVIDED, that the length of such quarantine and the decision to release such animals from quarantine shall be within the determination and discretion of the Health Department. It is the understanding of the parties that the Health Officer has the responsibility to monitor animals under quarantine and the Contractor shall cooperate with the Health Officer in the record keeping necessary to monitor the keeping of quarantined animals. 4. Injured Animals: The Contractor, while on patrol or by request, shall pick up dogs or cats injured on City streets, roads, parks, and alleys. The Contractor shall provide veterinary care for such animals and will make every attempt to locate the owner. If the owner of such animal is unknown or unavailable, the Contractor shall make such disposition of said animal as it deems necessary or appropriate according to any applicable City, County, State or other appropriate regulations. Deceased animals shall be removed and disposed of by the Contractor during normal business hours, except in cases of emergency as addressed in paragraph 10. 5. Clearing of Livestock: The Contractor, on request, shall clear the City streets and roads of livestock or any other animals at large on said roads and streets. PROVIDED, that nothing contained herein shall be construed to place responsibility on the Contractor for the removal of dead livestock or any other animal from public roads, streets and highways, nor from public or private property, except as otherwise provided in paragraph 4 above. 3 Amendment 1 to PSA -Kitsap Humane Society 6. Animals brought to Shelter: The Contractor shall accept at no ehar-ge dogs, cats, and other small pets brought to the Shelter by their owners or authorized persons, PROVIDED, such animals shall have not bitten any person within the last ten (10) days so as to have broken the skin; PROVIDED FURTHER, that disposition of said animal shall be at the discretion of the Contractor. Nothing herein contained shall be construed to prevent the Contractor from charging for euthanasia and/or cremation where such services are requested of the Contractor or deemed necessary. 7. Assistance in Prosecution: The Contractor shall provide its animal control officers the necessary courtroom training to present evidence and provide testimony in the prosecution of all violations of any ORDINANCE or statute pertaining to animals herein defined. The Contractor shall assist all officers of the City in obtaining and presenting evidence in connection with the prosecution of all violations of City ordinances pertaining to animals covered by this Agreement. The Contractor will honor all Bremerton Municipal Court Subpoenas. 8. Licensing of ^nim^ls� The Contractor shall be responsible for issuing licenses and collecting the fees therefore for all animals for which a license is required by City Ordinance, at no cost to the City. All moneys eelleeted shall be Femit4ed to the City en a menthly basis alefig with the The Contractor shall be responsible for administering the City's licensing_program for all animals for which a license is required by the City. All licensing fees collected by the Contractor from City of Bremerton pet owners shall be retained by the Contractor and shall be used first to cover the cost of operating and marketing the licensing_program, then to help pay for the spaying and neutering of unclaimed stray pets from the City of Bremerton before they are adopted out, and lastly to help subsidize a portion of the cost of offering discounted spay or neuter surgery services to low-income residents of the City. The licensing responsibilities of the Contractor shall include: a. Issue licenses and collect fees; b. Offer City of Bremerton residents an on-line licensing registration option; C. Send out renewal notices and reminders to pet owners via mail or on-line; d. Promote and market the licensing program to Bremerton residents; e. Submit monthly reports to the City detailing licenses issued and fees collected; and f. Submit an annual report to the City identifying the total number of licenses issued; the costs of administering the program, including but not limited to the total number and cost of unclaimed straypets spayed or neutered and the total number and cost of pets spayed or neutered at a discounted price; and any other information requested by the City. 9. Routine and Educational Services: The Contractor shall provide the following services of a routine and educational nature to the citizens of Bremerton: a. Ge i' et daily patr-els of eity streets, r-ea s, sidewalks, and alleyways for- stray, red or- dead demestie animals. Stieh duties shall inelude kenneling and ear-e f4eili es f all Gity strays, ineluding ineeulations and flea tr-ea4f fie ts.The Contractor shall take in all stray domestic animals found within the City of Bremerton and provide those animals with kenneling and care, including inoculations and flea treatments. Stray animals that are reported to the Contractor via the "911" Central Communications system shall be retrieved by the Contractor; in the case of multiple "911" calls, the Contractor may use its own criteria to prioritize its responses to such calls. Stray animals brought to the 4 Amendment 1 to PSA -Kitsap Humane Society Contractor by City residents shall be accepted by the Contractor. The Contractor shall make reasonable attempts to contact a stray animal's owner if identifying information is found on the animal, such as a license tag, identification tag or microchip. The Contractor shall provide a redemption system to enable owners to reclaim their lost pets. b. Provide a twenty-four (24) hour lost and found pet information phone line and develop, if possible, a web site with appropriate safeguards to view animals that have been picked up as stray. C. Develop an education program that reaches children and adult groups, promoting responsible pet ownership. d. Provide subsidized spay and neutering surgery programs for low-income residents of the City. e. At the request of an elderly or disabled/infirmed City resident and with the permission of the property owner, the Contractor will set and retrieve trap(s) necessary to impound stray or injured domestic dogs and/or cats. f. Provide an adoption program that promotes responsible pet ownership as well as securing the spaying or neutering of animals in order to reduce population. g. Act as a resource facility for court-ordered community service. h. The Contractor shall be responsible for the removal and disposal of all dead domestic animals from the Bremerton streets, roads, sidewalks and alleyways. If the owner of such animal is unknown or unavailable, and the Contractor has made reasonable attempts to contact the animal's owner if identifying information is found on the animal, the Contractor shall make disposition of the animal as it deems necessary or appropriate under the circumstances. 10. Emergency Services: The Contractor shall perform the Scope of Services listed above during normal business hours of the Contractor; however the clearing of livestock from roadways, impoundment of injured animals, and assistance to City law enforcement officers and fire personnel during DUVDWI stops, traffic accidents, and structural fires shall be considered an "emergency" and responded to twenty-four (24) hours a day, 365 days a year. All "emergencies" shall be at the mutual discretion of the Contractor and the Bremerton Police/Fire personnel. Nothing contained herein shall require the Contractor or its agents to respond after the Contractor's normal business hours for routine animal complaints, pickups, or patrols. 5 Amendment I to PSA -Kitsap Humane Society EXHIBIT B FEESCHEDULE All serviees detailed within the Seepe of getwiees (Exhibit A) shall be inesluded in the eempensatien as Bear-ding eests fer impoundment beyond thii4y (30) days shall be limite • Small Animals $16.29 PeF day, OF $114 per-week • Larger-Animals (Livesteek) $21.72 peF day, or$152.04 per-week In the event the COntFaeter- finds it neeessar-y to beaFd the anifnals at other shelters fef COUA eF impoundment beyend thif4y (30) da),s, the City shall pay the Gentr-aeter- for- additional expenditur-es for —4s. The Centr-aetef: shall fietify the City en the twenty fifth (25) da5, if it appears CeuA er-der-ed impounded animals will be sheltered fer-ever-&Ay (30) days. 6 Amendment I to PSA -Kitsap Humane Society Contraet Number: 5033 Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : KITSAP HUM�NE SOCIETY Animal Control Finance LEG 12-1 6/6/2011 12/31/2015 6/1/2015 PROFESSIONAL SERVICES AGREEMENT Kitsap gIumane Society The City of Bremerton ("Crty") and Kitsap Humane Society ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services I. Scope: The Contractor shall provide the professional services defined m this Agreement and as necessary to accomplish the scope of work attached hereto as Exhibit A, Scope of Services The Scope of Services may be modified only pursuant to Section VII G of this Agreement If the Scope of Services provides for unspecified additional services such services shall only be performed upon the express wntten request of the City Contractor further represents that the services furnished under this Agreement will be performed m accordance with generally accepted professional practices m effect at the time such services are performed II. Term: The term of this Agreement shall be five (5) years commencing on January 1, 2011 and shall termmate on December 31, 2015, unless otherwise earlier termmated in accordance with Section IX of this Agreement III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor the followmg 2011 $204,000 or $17,000 per month 2012 $204,000 or $17,000 per month 2013 $204,000 or $17,000 per month 2014 $204,000 or $17,000 per month 2015 $204,000 or $17,000 per month The Contractor shall submit monthly invoices for services performed m a previous calendar month in a format acceptable to the City along with an appropnate report detailmg the services provide for said timeframe The City shall pay the Contractor by check within thirty (30) days of receipt of a proper mvoice PROVIDED, HOWEVER, the City reserves the nght to pnoritize scoped work and accelerate and/or delay work tasks under the time frame set forth m Section II herein Contractor shall not perform work beyond the Scope of Services, nor shall be compensated for such work, unless the Scope of Services or amount of compensation is modified pursuant to this Agreement Contractor shall only be compensated for addztional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be m accordance with Exhibit B If a billmg statement does not conform to this Agreement, the Crty may wrthhold payment until the statement is brought into compliance Such withholdmg does not relieve Contractor of its obligations under this Agreement IV. Relationship of ParNes: Contractor represents that it is skilled in the matters addressed in the Scope of Services and is performing mdependent functions �and responsibilities withm its Kitsap Humane Society field of expertise Contractor and its personnel are mdependent Contractors and not employees of the City Contractor and its personnel have no authonty to bind the City or to control the City's employees and other Contractors None of the benefits provided by the City to its employees, includmg, but not limited to, compensation, insurance, and unemployment msurance are available from the City to the employees, agents, representatives, or sub-Contractors of the Contractor Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub-Contractors dunng the performance of this Agreement The City may, dunng the term of this Agreement, engage other independent Contractors to perform the same or similar work As an mdependent Contractor, Contractor is responsible for its own management The City's administration and enforcement of this Agreement shall not be deemed an exercise of managenal control over Contractor or its personnel As an mdependent Contractor, Contractor is responsible for payment of all taxes and licensmg fees necessary to perform its obligations under this Agreement These taxes and fees mclude but are not limited to State mdusmal msurance, Business & Occupation, State professional hcensing, and Crty business licensmg If any taxes or fees due the Crty have been declared delmquent, the City may withhold the delmquent amount, plus any additional charges ansing from the delinquency, from any payments due Contractor V. Indemnification: Contractor shall defend, indemmfy and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, in�unes, damages, losses or suits, mcluding all legal costs and attorney fees, ansmg out of or m connection with the performance of this Agreement, except for that portion of the in�unes and damages caused by the City's sole negligence The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of mdemmfication Should a court of competent �unsdiction determine that this Agreement is sub�ect to RCW 4 24 115, then, m the event of liability for damages ansmg out of bodily m�ury to persons or damages to property caused by or resultmg from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE 1NDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS 1NDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termmation of this Agreement VI. Insurance: The Contractor shall procure and maintam for the duration of the Agreement, msurance agamst claims for m�unes to persons or damage to property which may anse from or m 2 Kitsap Humane Society connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, sub-Contractors or sub-Contractors Before beginning work on the proJect descnbed m this Agreement, the Contractor shall provide a Certificate of Insurance evidencing 1. Automobile Liability msurance wrth limits no less than $1,000,000 combmed smgle limit per accident for bodily in�ury and property damage, and 2. Commercial General Liability msurance wntten on an occurrence basis wrth hmrts no less than $1,000,000 combined single limit per occurrence and general aggregate for personal in�ury, bodily in�ury and property damage Coverage shall include but not be limited to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liab�lrty, and Any payment of deductible or self msured retention shall be the sole responsibility of the Contractor All required polic�es shall be prov�ded on an "occurrence" bas�s except professional liabilrty insurance (if required), which may be provided on a"claims-made" basis The City shall be named as an additional msured on the Commercial General Liability msurance policy, as respects work performed by or on behalf of the Contractor and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance The City reserves the nght to receive a certified copy of all the required msurance policies and endorsements The City further reserves the nght to re�ect any unacceptable policies and/or endorsements The Contractor's Commercial General Liability insurance shall contam a clause stating that coverage shall apply separately to each msured agamst whom claim is made or suit is brought, except with respects to the limits of the msurer's liability The Contractor's msurance shall be pnmary insurance as respects the Crty and the Crty shall be given thirty (30) days pnor wntten notice by certified mail, return receipt requested, of any cancellation, suspension or matenal change m coverage The City also reserves its unqualified nght to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage VII. General Conditions: A Reports, Audit, and Information The Contractor shall mamtam all books, records, documents, and other evidence pertammg to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting pnnciples (GAAP) All such books and records required to be mamtamed by this Agreement shall be sub�ect to mspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, 3 Kitsap Humane Society and the Contractor shall afford the proper facilities for such inspection and audit Representatives of the City and/or the Washington State Auditor may copy such books, accounts, and records where necessary to conduct or document an audit The Contractor shall preserve and make available all such books of accounts and records for a penod of three (3) years after final payment under this Agreement In the event that any audit or inspection identifies any discrepancy m such financial records, the Contractor shall provide the City with appropnate clanfication and/or financial ad�ustments withm thirty (30) calendar days of notification of the discrepancy B Ownership and Use of Records and Documents Ongmal documents, drawmgs, designs and reports, includmg those m electromc format, developed under this Agreement are the property of the City All wntten information submitted by the City to the Contractor m connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relatmg to its own business If such information is publicly available or is already m Contractor's possession or known to it, or is nghtfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise All data, documents and files created by Contractor under this Agreement may be stored at Contractor's office m Silverdale, Washington Contractor shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modif}nng and updatmg as necessary until such time as the City is capable of stonng such information m the Crty's offices Duplicate copies of this mformation shall be provided to the City upon its request, and at reasonable cost All documents, mcluding all reports, drawings, specifications, computer software or other items prepared or furnished by Contractor pursuant to this Agreement, are mstruments of service with respect to the pro�ect and are the property of the City Any reuse by the City for other than the specific purpose mtended will be at City's sole risk C Work Performed at Contractor's Risk Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-Contractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Contractor's own nsk, and Contractor shall be responsible for any loss of or damage to matenals, tools, or other articles used or held for use in connection with the work D Place of Work The Contractor shall perform the work authonzed under this Agreement at rts offices m Silverdale, Washmgton, and wrthm the Bremerton Crty limrts Meetings wrth the Crty staff as descnbed m Exhibrt A, Scope of Services, shall take place at the City's offices, or at locations mutually agreed upon by the parties E Entire Agreement This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement F Severabilitv Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect � Kitsap Humane Society G Modification This Agreement may only be modified by wntten instrument signed by both Parties H Wntten Notices All communications regardmg this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in wntmg Citv of Bremerton Director of Financial Services 345 6 Street, Surte 600 Bremerton, WA 98337-1873 Kitsap Humane Society �j-rc vr� ✓�� lJi� �'rA✓L 9167 Dickey Rd NW Silverdale, WA 98383-8860 I Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any nght or power ansmg out of this Agreement shall not be deemed waiver of any other nght or power J Non-Waiver of Breach The failure of the City to msist upon strict performance of any of the covenants and agreements contamed herein, or to exercise any option herem conferred in one or more mstances shall not be construed to be a waiver or relmquishment of said covenants, agreements or options, and the same shall be and remam m full force and effect K Compliance with Laws Contractor shall comply with all applicable Federal, State, and local laws m performmg its obligations under this Agreement L Choice of Law and Venue This Agreement shall be mterpreted according to the laws of the State of Washmgton Any �udicial action to resolve disputes arising out of this Agreement shall be brought m Kitsap County Supenor Court M Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herem, each party shall pay all its own costs and attorney's fees N Assi n�ent Any assignment of this agreement by the Contractor wrthout the wntten consent of the City shall be void VIII. Nondiscrimination: Contractor shall not discnmmate in employment or services to the public on the basis of race, color, national ongin, sex, religion, age, mantal status, disability, or sexual onentation except for employment actions based on bona fide occupational qualification IX. 'Termination: This Agreement shall remam m force until termmated by wntten mstrument upon mutual consent, or by the City of Bremerton for convemence This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performmg Party does not commence correction of the failure of performance withm thirty (30) days of the termmating 5 Kitsap Humane Society Party's sendmg notice to the non-performmg Party Any Notice by Contractor shall mclude a report showmg the status of all items listed m the Scope of Work current through the termination date A Excusable Delavs The nght of Contractor to proceed shall not be terminated nor shall Contractor be charged with liquidated damages for any delays m the completion of the work due to 1) any acts of the federal government m controlling, resh or requisitiomng matenals, equipment, tools, or labor by reason of war, national defense, or other national emergency, 2) any acts of the City, its Contractors, or other public agencies causing such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Contractor, mcluding, but not restncted to, acts of God, fires, floods, stnkes, or weather of unusual seventy PROVIDED, HOWEVER, that the Contractor must promptly notify the City withm ten (10) calendar days m wntmg of the cause of the delay If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in wnting, extend the time for completmg the work for a penod of time commensurate with the penod of excusable delay B Ri h� ts Upon Termination In the event of termination, the City shall pay for all services performed by the Contractor to the effective date of termmation, as descnbed on a final mvoice submitted to the City After termmation, the City may take possession of all records and data withm the Contractor's possession pertammg to this pro�ect which may be used by the City without restnction Any such use not related to the pro�ect which Contractor was contracted to perform shall be without liability or legal exposure to the Contractor CITY OF BREMERTON � B � its mc�u�R Date ,6�0.6 — ' / / KITSAP HUMANE SOCIETY _ �—�� By �a�v C�o.� �-ro✓ rts �L Date � �2 / �, Approved as to form ttes ` re rton Crty Attorney C y Cler R\Legal\Legal\Fil rrent Actrve Files\K�tsap Humane Soc�ety\Ammal Control Contractl doc � Kitsap Hu`nane Society EXHIBIT A SCOPE OF SERVICES The Contractor agrees to furnish all labor, matenals, equipment, and facilities to perform the duties and services required of the official Animal Control and Humane Society of the City Such duties and services shall include the followmg Impoundmg Authonty The Contractor shall act as the Ammal Control and Impoundmg authonty for the City and shall provide impound services and facilities for all animals for which impounding is authonzed or ordered by the City pursuant to Crty ordmances 2 Enforcement of Ordmances The Contractor is designated as the Ammal Control Authonty and shall enforce all ordmances of the City includmg enforcement of Park Codes m City Parks now m effect or heremafter enacted relative to the care, treatment, control, impoundmg, and licensmg of ammals and commercial ammal facilities The Contractor shall mvestigate complamts of ammal cruelty under RCW 16 52 and violations of BMC Title 7, and refer appropnate complamts to the City for prosecution The Chief of Police of the City shall commission ammal control officers of the Contractor over the age of twenty-one (21) years as special police officers of the City with the power to enforce City Ordmances and Washmgton State RCW relatmg to animal control only PROVIDED, that such commission shall be conferred at the discretion of the Chief of Police and may be revoked at will by him Further, the Contractor shall assist City law enforcement officers for DUUDWI stops and/or traffic accidents mvolvmg dogs or cats 3 Quarantme The Contractor, under the authonty and at the direction of the Health Officer of the Kitsap County Health Distnct, shall, pursuant to the direction of the Health Officer or m accordance with the request of the owner, quarantme all animals that shall have bitten a person so as to have broken the skm PROVIDED, that the length of such quaranhne and the decision to release such animals from quarantme shall be withm the determmation and discretion of the Health Department It is the understanding of the parties that the Health Officer has the responsibility to momtor animals under quarantine and the Contractor shall cooperate with the Health Officer in the record keeping necessary to momtor the keepmg of quarantmed ammals 4 In�ured Ammals The Contractor, while on patrol or by request, shall pick up dogs or cats m�ured on City streets, roads, parks, and alleys The Contractor shall provide vetennary care for such ammals and will make every attempt to locate the owner If the owner of such ammal is unknown or unavailable, the Contractor shall make such disposition of said ammal as it deems necessary or appropnate accordmg to any applicable City, County, State or other appropnate regulations Deceased animals shall be removed and disposed by the Contractor dunng normal busmess hours, except in cases of emergency as addressed m paragraph 10 5 Cleanng of Livestock The Contractor, on request, shall clear the City streets and roads of livestock or any other ammals at large on said roads and streets PROVIDED, that nothing contained herem shall be construed to place responsibility on the Contractor for the removal of dead livestock or any other animal from public roads, streets and highways, nor from public or pnvate property, except as otherwise provided m paragraph 4 above 6 Ammals brought to Shelter The Contractor shall accept at no charge dogs, cats, and other small pets brought to the Shelter by their owners or authonzed persons, PROVIDED, such ammals shall have not bitten any person withm the last ten (10) days so as to have broken the skin, PROVIDED FURTHER, that disposition of said ammal shall be at the discretion of the Contractor Nothmg herem contamed shall be construed to prevent the Contractor from chargmg for euthanasia and/or cremation where such services are requested of the Contractor or deemed necessary 7 Assistance m Prosecution The Contractor shall provide its animal control officers the necessary courtroom trammg to present evidence and provide testimony m the prosecution of all violations of any ORDINANCE or statute pertaimng to ammals herein defined The Contractor shall assist all officers of the City in obtammg and presentmg evidence m connection with the prosecurion of all violations of City ordmances pertaining to ammals covered by this Agreement The Contractor will honor all Bremerton Mumcipal Court Subpoenas 8 Licensmg of Animals The Contractor shall be responsible for issuing licenses and collectmg the fees therefore for all ammals for which a license is required by Crty Ordinance, at no cost to the City All moneys collected shall be remitted to the City on a monthly basis along with the appropnate reports detailing the licenses issued 9 Routme and Educational Services The Contractor shall provide the followmg services of a routme and educational nature to the citizens of Bremerton A Conduct daily patrols of city streets, roads, sidewalks, and alleyways for stray, m�ured or dead domestic ammals Such duties shall include kennelmg and care facilrties for all Crty strays, mcludmg moculations and flea treatments B Provide a twenty-four (24) hour lost and found pet information phone ]me and develop, if possible, a web site with appropnate safeguards to view ammals that have been picked up as stray C Develop an education program that reaches children and adult groups, promoting responsible pet ownership D Provide subsidized spay and neutenng surgery programs for low-mcome residents of the Crty E At the request of an elderly or disable/mfirmed Crty resident and wrth the permission of the property owner, the Contractor will set and retneve trap(s) necessary to impound stray or in�ured domestic dogs and/or cats 2 F Provide an adoption program that promotes responsible pet ownership as well as secunng the spaying or neutenng of animals m order to reduce population G Act as a resource facility for court-ordered community service 10 Emergency Services The Contractor shall perform the Scope of Services listed above dunng normal busmess hours of the Contractor, however the cleanng of livestock from roadways, impoundment of m�ured ammals, and assistance to City law enforcement officers and fire personnel dunng DUI/DWI stops, traffic accidents, and structural fires shall be considered an "emergency" and responded to twenty-four (24) hours a day, 365 days a year All "emergencies" shall be at the mutual discretion of the Contractor and the Bremerton Police/Fire personnel Nothing contained herem shall require the Contractor or its agents to respond after the Contractor's normal busmess hours for routine antmal complamts, p�ckups, or patrols EXHIBIT B FEE SCHEDULE All services detailed wrthm the Scope of Services (Exhibrt A) shall be mcluded m the compensahon as determmed in Section III — Compensation of the Agreement In addition, the City shall pay the Contractor for costs of impoundment of ammals exceedmg thirty (30) days due to the Bremerton Municipal Court requinng the retention of evidence (animals) Such Boardmg costs for impoundment beyond thirty (30) days shall be limited to • Small Ammals -$16 29 per day, or $114 per week • Larger Animals (Livestock) -$21 72 per day, or $152 04 per week In the event the Contractor finds it necessary to board the ammals at other shelters for Court ordered impoundment beyond thirty (30) days, the City shall pay the Contractor for additional expenditures for vetennanan costs mcluding medicme and lab work which will be billed separately at the Contractor's costs The Contractor shall notify the City on the twenty fifth (25) day if it appears Court ordered impounded ammals will be sheltered for over thirty (30) days 1