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