120-09 - Resolution - Contract with Kitsap Humane Society for Animal Control ServicesIntroduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUfiON NO. 120-09
City Clerk
City Clerk
City Clerk
December 8, 2009
December 8, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUfHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR ANIMAL CONTROL SERVICES WITH KITSAP
HUMANE SOCIETY
WHEREAS, since 1999, the Kitsap Humane Society has been providing animal
control services within the City limits; and
WHEREAS, the current contract with Kitsap Humane Society expires on
December 31, 2009; and historically, the City has entered into a one-year contract;
however, in an effort to keep costs down, staff has negotiated a five (5) year contract with
Kitsap Humane Society; and
WHEREAS, overall, City staff has been pleased with the services provided by
Kitsap Humane Society and look forward to continuing the working relationship; and
WHEREAS, The first year of the contract is for $35,515, with a 3% increase
each year thereafter; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The Council authorizes the Mayor to execute a contract for
animal control services with Kitsap Humane Society (a copy of said
contract is attached and incorporated herein as Exhibit A) in an annual
amount of $35,515 for 2010; with a 3% increase each year thereafter.
The Contract shall commence January 1, 2010 and end on December 31,
2014.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 8th y of Dece er 2009.
CONTRACT FOR ANIMAL CONTROL SERVICES
THIS AGREEMENT is entered into between Kitsap Humane Society
("Society") and City of PORT ORCHARD ("Port Orchard") and is made effective as of
the 1st day of .January 2010.
WITNESSETH
For and in consideration of the mutual promises and agreements hereinafter contained,
it is hereby mutually promised, understood and agreed by the parties hereto as follows,
to-wit:
1. Parties. This Agreement is by and between City of Port Orchard (hereinafter
City), and the Kitsap Humane Society (hereinafter Society).
2. Purpose. The purpose of this Agreement is to establish and define the
relationship between the parties as it concerns the subject of this Agreement.
3· Subject. The subject ofthis Agreement is services to be provided to City of Port
Orchard by the Society.
4· Terms of Agreement.
a. The Society 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. Society represents and warrants that it has
the requisite training, skill and experience necessary to provide the services
under this agreement and is appropriately accredited and licensed by all
applicable agencies and governmental entities. Services provided by Society
under this agreement will be performed in a manner consistent with that
degree of care and skill ordinarily exercised by members of the same
profession currently practicing in similar circumstances.
b. The Society shall faithfully enforce all ordinances of the City and/or statutes
of the State of Washington now in effect or as may be adopted relative to the
care, treatment, control, impounding and licensing of animals.
c. The Society, under the authority and at the direction of the Health Officer of
the Bremerton-Kitsap County Health Department, 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 responsibility for the release of such animals from
confinement shall be that of the Health Department. It is the responsibility of
the Health Officer to monitor animals under confinement and the Society
shall cooperate with the Health Officer in the record keeping necessary to
monitor the keeping of quarantined animals. Such records shall be
maintained for five (5) years.
d. The Society, while on routine patrol or by request, shall pick up dogs and/ or
cats injured or killed on City streets, roads and alleys. If the owner of any such
animal is known, the Society at its discretion shall request disposition
instructions and comply with the same, if reasonable. If the owner of such an
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animal is unknown or unavailable, the Society shall make such disposition of
said animal as it deems necessary or appropriate under the circumstances.
e. The Society, on request, shall assist officers of the City Police Department in
clearing 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 Society for the removal of dead
livestock or any other deceased animals from public roads, streets and
highways, nor from public or private property except as set forth in paragraph
4.d. above.
f. The Society shall accept dogs, cats and other small pets brought to the Shelter
by their owners or authorized person. 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 animals shall be at the
discretion of the Society. Nothing herein contained shall be construed to
prevent the Society from charging owners for euthanasia and/ or cremation
where such services are requested of the Society or deemed necessary.
g. Routine and "Emergency" Service. The Society shall perform the Scope of
Services (Exhibit A) paragraphs a-f during normal business hours of the
Society; however the clearing of livestock from roadways, impoundment of
injured animals shall be considered as an "emergency" and responded to 24
hours a day, 365 days a year. All "emergencies" shall be at the discretion of the
Society and may include Police, Fire and other law enforcement assistance
where animals have been involved such as traffic stops, accidents or fire.
Nothing contained herein shall require the society or its agents to respond
after the Society's normal business hours for routine animal complaints, pick
ups or patrols.
h. The Society shall provide its animal control officers the necessary courtroom
training to present evidence and shall provide testimony in the prosecution of
all violations of any ordinance or statute pertaining to animals as herein
defined.
1. The City, through the City Attorney, shall be responsible for prosecuting
criminal violations of the City's code referred by the Society, handling
criminal appeals, participating in civil infraction cases as needed and
participating in appeals from civil infraction cases as needed.
J. The Society shall act as an agent of the City Clerk for the purpose of issuing
licenses for pets and collecting the fee therefore, as required by city
Ordinance, at no cost to the City. The Society may impose a surcharge, for
each license issued, to be retained by the Society to mitigate administrative
costs. For licenses issued by the City Clerk, the surcharge may be retained by
the City. All moneys collected from said licensing, with the exception of the
surcharge, shall be remitted to the City Clerk monthly during the term of this
Agreement.
k. The duties of the Society, as set forth herein, shall pertain to all domestic
animals and to wild animals which have been tamed or kept in captivity. The
duties of the Society, as set forth herein, shall not pertain to wild predatory or
game birds or animals at all, except in the case of injury and/ or suffering.
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l. The Society, during the term of this contract, shall function as a nonprofit
corporation. PROVIDED, that nothing herein contained shall be construed to
prevent the Society from selling impounded animals, strays or gift animals,
nor from boarding for a fee animals under quarantine and/or at a request of
the owners.
m. The above-terms shall be in addition and supplemental to the services
detailed in the scope of work, Attached as Exhibit A. In the event of a conflict
between the terms set forth above and the provisions of the scope of work, the
terms in the preceding paragraphs shall prevail.
5· Termination. This agreement may be terminated by either party upon thirty
(30) days written notice. In the event of termination, Society shall perform such
additional work as is necessary for the orderly transfer of documents and
materials to the City and closing of the services rendered. Society shall be
compensated for work performed prior to the effective date of termination, plus
work required for closing this Agreement.
6. Records. The Society shall maintain complete and accurate records of
expenditures for this contract, and shall submit to Port Orchard, on a quarterly
basis, a detailed accounting of the costs of operations.
7· Commission of Animal Control Officers. For the purpose of the
enforcement of City Ordinances and State laws as set forth in Section 4, the City
Police Department shall commission Animal Control Officers of the Society over
the age of twenty-one (21) years. PROVIDED, that such commission be conferred
at the discretion of the Chief of Police and may be revoked at will by him.
PROVIDED FURTHER, that the City shall furnish such employees with a suitable
badge of authority. Nothing contained herein shall prohibit the Society from
conducting cruelty investigations as commissioned by the state to enforce any
state statute.
8. Compensation. The total amount of this contract for 2010 shall be
$35,515.00, inclusive of all services performed herein except as otherwise set
forth in this paragraph. Port Orchard shall pay the Society for its services the sum
of $2,959.58, each month for twelve installments beginning in January 2010.
The Contract amount will increase annually for the following four years at a rate
of 3% as follows:
2011 $36,804-45
2012 $37,908.58
2013 $39,045.84
2014 $40,217.22
The costs of impoundment of animals beyond 30 days due to the judicial system
requiring the retention of evidence (animals), will be paid by the City at a
discounted rate of $15.00 a day plus tax per domestic animals (dogs, cats, and
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other small pets) and $20.00 per day per animal plus tax for livestock (horses,
cows, sheep, goats, pigs, etc.)
g. Workers' Compensation. Society shall maintain workers' compensation
insurance and comply with all laws and regulations regarding workers'
compensation.
10. Hold Harmless. Society shall defend, indemnify, and hold harmless at
Society's sole expense including attorneys' fees, City of Port Orchard, and its
elected officials, officers, employees, and agents, from any and all claims,
demands, losses and liabilities for damages of any nature whatsoever, arising out
of the performance of this Agreement, including losses or claims by the Society's
employees or third parties, except for those damages caused by the sole
negligence or vvillful misconduct of the City, its elected or appointed officials,
officers, employees or agents. In any and all claims against P01t Orchard, its
officers, officials, employees and agents by any employee of the SOCIETY,
subcontractor, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification obligation under
this Section shall not be limited in any way by any limitation on the amount or
type of damages, compensation, or benefits payable by or for the SOCIETY or
subcontractor under Worker's Compensation acts, disability benefit acts, or other
employee benefit acts, it being clearly agreed and understood by the parties
hereto that the SOCIETY expressly waives any immunity the SOCIETY might
have had under such laws. By executing the Contract, the SOCIETY acknowledges
that the foregoing waiver has been mutually negotiated by the parties and that
the provisions of this Section shall be incorporated, as relevant, into any contract
the SOCIETY makes with any subcontractor or agent performing work
hereunder.
Nothing in this section shall be construed to create a liability or a right of
indemnification in any third party.
This section shall survive the expiration of this Agreement.
11. Insurance. Prior to commencing work, Society shall procure and maintain
for the duration of the Agreement, insurance against claims for injuries to
persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Society, its agents, representatives,
employees, or subcontractors.
a. Minimum Scope of Insurance: Society shall obtain insurance of the types
described below:
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1. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be vvritten on Insurance Services Office
(ISO) form CA oo 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
n. Commercial General Liability insurance shall be written on ISO
occurrence form CG oo 01 or a substitute form providing equivalent
liability coverage and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Society's
Commercial General Liability insurance policy vvith respect to the work
performed for the City.
iii. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
iv. Professional Liability insurance appropriate to the Society's profession.
b. Minimum Amounts of Insurance: Society shall maintain the following
insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,ooo,ooo per accident.
11. Commercial General Liability insurance shall be written with limits no less
than $1,ooo,ooo each occurrence, $2,000,000 general aggregate.
iii. Professional Liability insurance shall be written vl'ith limits no less than
$1,000,000 per claim and $1,ooo,ooo policy aggregate limit.
c. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability and Commercial
General Liability insurance:
1. The Society's insurance coverage shall be primary insurance as respect the
City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Society's insurance and shall
not contribute with it.
11. The Society's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
d. Acceptability of Insurers: Insurance is to be placed vvith insurers \'lith a
current A.M. Best rating of not less than A: VII.
e. Verification of Coverage: Society shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Society before commencement of the work.
12. Americans with Disabilities Act. The Society agrees to comply with all
provisions of the Americans with Disabilities Act and all regulations interpreting
or enforcing such Act.
13. Duration. This Agreement shall be effective as of the first day of January
2010, and shall be in force and effect through the 31st day of December 2015.
This Agreement shall be automatically renewed annually thereafter. Proposed
increases, if any, in compensation amounts for subsequent years of this
agreement shall be submitted to the City for review during the City's normal
budgeting process, on or before August 1st of each year. Should the Society and
the City fail to reach an agreement on proposed increases, either party may
terminate this agreement upon written notice of at least 90 days prior.
14. Privileged and Confidential Information. During the term of this
agreement, Port Orchard and the Society, to the extent of their right to do so and
as required for each to perform its obligations under this agreement, may
exchange proprietary and confidential information.
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a. Except as specifically authorized by this Agreement, or otherwise approved by
the City in writing, all records or other information, documents, and materials
furnished by the City to the Society will be used only in connection with work
performed under this Agreement. The Society will, upon completion or
termination of this Agreement, transit to the City all records or other
information, documents and materials, and copies thereof, furnished by the
City to the Society or developed by the Society in the performance of this
Agreement. Similarly, Port Orchard will return to the Society all of the same
type of records and information provided by the Society to the City;
b. All proprietary or confidential information whether received visually, orally,
in writing, electronically, or in any other medium, is and shall remain the
property of the disclosing entity for a period of three (3) years or until relieved
of that responsibility by the information owner.
15. Venue and Choice of Law Clause. Any action at law, suit in equity, or
other judicial proceedings for the enforcement of this contract or any provision
thereof shall be instituted only in the courts of the State of Washington, Kitsap
County. It is mutually understood and agreed that this contract shall be governed
by the laws of the State of Washington, both as to interpretation and
performance.
16. Assigning or Subcontracting. Society shall not assign, transfer,
subcontract or encumber any rights, duties, or interests accruing from this
Agreement without the express prior written consent of the City, which consent
may be withheld in the sole discretion of the City.
17. Independent Contractor.
Society is and shall be at all times during the term of this Agreement an
independent contractor. Nothing in this Agreement shall create an
employee/employer relationship between the parties.
18. Notice. Any notices required to be given by the City to Society or by Society to
the City shall be in writing and delivered to the pmties at the following addresses:
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Lary Coppola
Mayor
216 Prospect Street
Port Orchard, W A 98366
Phone: 360.876-4407
Fax: 360.895.9029
Sean Compton
Executive Director
9167 Dickey Road NW
Silverdale, W A 98383
Phone: 360.692.6977, ext. 7115
Fax:
19. Attorneys Fees. In any suit or action instituted to enforce any right
granted in this Agreement, the substantially prevailing party shall be entitled to
recover its costs, disbursements, and reasonable attorney's fees from the other
party.
20. Extent of Agreement/Modification. This Agreement, together with
attachments or addenda, represents the entire and integrated Agreement
between the parties hereto and supersedes all prior negotiations, representations,
or agreements, either written or oral. This Agreement may be amended, modified
or added to only by written instrument properly signed by both parties.
21. Severability. If any section, sentence, clause or phrase of this Agreement
should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of
constitutionality of any other section, sentence, clause or phrase of this
Agreement.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be
executed by their proper officers on this I '1 t'.!> day of -:JA.N<M-1\.H 2009.
CITY O~CH. /~HINGTON
,/~·-·/
:LUMANE. SOCIETY
.··~-~
Sean Compton, Executive Director
t of Kitsap Humane Society
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