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AG 11-200RETURN TO: ����-���- ��L-+�°) EXT: �j7 3� ' CITY OF FEDEI�AL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: POt-►C+� � A-�.��m�A-� �2�►cE� 2. ORIGINATING STAFF PERSON: ��'�� A� `-�� EXT: b� 3. DATE REQ. BY: D�- i9 ��11 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) � ❑ UBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGItEEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMEN'I' ❑ SECURITY DOCUNIENT �E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT RMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PR07ECTNAME: S�Ft.'rF.R C6��-T 6. NAME OF CONTRACTOR: �ltimn ���c � �'-1 OG ''�eto m,a-� M�s �t F•2cE Cd - ADDRESS: TELEPHONE E-MAIL: F�� SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE WORK OR SERVICES ❑ COMPENSATION ,❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: � 1 I?.D � Z- COMPLETION DATE: �2��20 L� 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES T[TLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: � YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ [S SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR 0 C[TY ❑ PURCHASING: PLEASE CHARGE TO: (� (— 2I.('�� �L ^ �Z� ' L3^ �LD 10. DOCUMENT/CONTRACT REVIEW IN[T[AL/ DATE REVIEWED INITIAL/ DATEAPPROVED ❑ PROJECT MANAGER � DIRECTOR Qr+Z✓h� �.t� 1 Gi•+�l �� 7J 1/ ru-� J, /� l3� �ll ❑ RISK MANAGEMENT (tF.�PL[CAB�s) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: S[GNATURE AUTHORITY, INSURANCE CERT[F[CATE, LICENSES, EXHIB[TS ❑ LAW DEPARTMENT ❑ SIGNATORY (CM OR D[RECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: II/9 THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY AGREEMENT FOR SHELTER AND RELATED SERVICES TFte parkies to this contract are the CITY OF FEDERAL WAY, a political subdivision of the state of Washington, hereinafter referred to as the "City af Federal Way," and THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY, a non-profit corporation formed and operating pursuant to RCW 16.52.020, hereinafter referred to as the "Society." The terms of this contract shall cover the period from January 1, 2012, through December 31, 2013. In consideration of the mutual benefits derived, the parties agree as follows: THE SOCIETY AGREES: (1) To furnish and maintain and to employ adequate staff for suitable shelter for the handling of stray, impounded, and unwanted companion animals turned over to the Society by the City of Federal Way or its residents. Companion animals are specifically defined as dogs, cats, domestic birds, domestic rabbits and small domestic rodents. Companion animals specifically exclude livestock (horses, cows, pigs, sheep, goats, fowl, etc.) venomous or dangerous reptiles and wild or exotic animals. Such facility shall include cat kennels and dog kennels, as well as facilities for the humane disposal of sick and injured companion animals. The facility will provide disposal (rendering or cremation) services for animals deceased upon arrival or during the time of sheltering. Impounded animals, awaiting disposition by the courts will be held for up to 15 days without additional charge. After 15 days, board will be charged to City of Federal Way at the rate of $10 per day for a dog and $5 per day for a cat. (2) To keep the shelter staffed and open for the purposes of receiving companion animals and allowing such animals to be redeemed during regular business hours Monday through Saturday; PROVIDED THAT the Society shall establish and maintain 7-day per week, 24-hour per day access for City of Federal Way animal eontrol officers to drop off companion animals or carcasses outside of normal shelter hours. It is understood that this does not include responsibility for care for sick or injured companion animals outside of normal shelter hours. (3) To provide licensing services for animals adopted or impounded at the Humane Society shelter whose owner resides within the City of Federal Way. The license service for will be provided during normal business hours, with no time limitation. The Humane society shall maintain complete and adequate records of all licenses issued and shall provide a timely report to the City listing the name and address of the licensee and a description of the animal licensed. The Humane Society will retain 100% of every license sold and payments shall be made to the Humane Society, however a monthly rebate will be applied to the sheltering contract fee equal to one third of the collected license revenue. 1 (4� To provide orientation and training to City of Federal Way animal control officers and other city staff to the Society shelter and its admissions policies, practiees and other Society operations as appropriate. (5) Ta maintain complete records of animals received and animals disposed of on behalf of the City of Federal Way and other entities with whom the City of Federal Way has contracted, The Society agrees to make its records of investigations available for the City of Federal Way's inspection at reasonable times, and to fumish reports of the Society's activities to the City of Federal Way, and to provide within reason, such other data as the City of Federal Way requests and as may be inspect�d or requested by other entities with wham the City of Federaf Way has contracted. This means the Society at such times and in such form as the City of Federal Way may require, shall furnish the City of Federal Way with periodic reports pertaining to the work and services undertaken pursuant to this Contract. The Society will make available to the City of Federal Way all work-related records and documents for inspection, or evaluation during normal business hours in order to assess performance, compliance and/or quality assurance under this Contract. (6) To provide access to computers for the City of Federal Way for Animal Control Officers to enter data into the database software for animals picked up by City of Federal Way Animal Control Officers. (7) To provide basic blood draw, fecal sample, lab tests and weight at time of admission for animals involved in cruelty investigation, per request of the City of Federal Way Animal Control Officers. This service will be offered for cases of 1 to 2 animals and may be repeated weekly as deemed necessary by the Veterinarian staff at the Humane Society. The costs associated with the lab tests will be born by the City of Federal Way through additional billings. Cruelty cases involving more than 6 animals and/or needing detailed history and physical exams need to be perFormed by an outside veterinarian of the City of Federal Way's choice. (8) To procure and maintain comprehensive general liability insurance, and professional liability insurance with limits not less than $1,000,000.00 ($1,000,000.00 bodily and personal injury and property damage insurance). The Ciry of Federal Way is to be named as an additional insured as respects this contract and such insurance as is carried by the Society is primary over any insurance carried by the City of Federal Way. In the event of a nonrenewal, cancellation, or material change in the coverage provided, 30 days' written notice will be furnished to the City of Federal Way prior to the date of nonrenewal, cancellation, or change. Such notice shall be sent to the City of Federal Way, City Manager's office, at 33325 8 Ave South, PO Box 9718, Federal Way, WA, 98063-9718. The City of Federal Way has no obligation to report occurrences unless a claim is filed with the City of Federal Way, and the City of Federal Way has no obligations to pay premiums on such insurance. 2 (9) To fumish �quipment and supplies used in the performance of the Sociefiy's obligations �rising from this eontract, except equipment and supplies which the City of Federal Way expressly promises to furnish. (10) The Society agrees to hold harmless, indemnify and defend the City af Fetleraf Way and its o�cers, officials and employees from any claim, liability, lawsuit or legal judgment arising from or out of the negligent or tortuous actions or ina�tions of the Humane Society in its perFormance of the activities and services set forth herein in this agreement to be performed by the Society. The Agre�ment to indemnify, defend and hold harmless the City of Federal Way by the Society shall not apply to any loss, claim, liability, lawsuit or legal judgment arising from the sole negligence of the Gity of Federal Way. (11) To allow City of Federal Way animal control officers to sanitize their vehicles in accordance with Society practices. (12) Non-discrimination. The Society agrees ta take all steps necessary to comply with all federal, state and City laws and policies regarding nondiscrimination and equal employment opportunities. The Society shall not discriminate in any employment action because of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age marital status, familial status, or the presence of any sensory, mental or physical handicap. THE CITY OF FEDERAL WAY AGREES: (1) To pay to the Society $80 per animal for the year 2012, based on monthly billings from the Humane Society on net 15 terms from date of receipt. To pay the Society an increased rate per animal in 2013, not to exceed $85 per animal. Any payment in full over 60 days late may cause a suspension of service and will automatically be charged a 1% penalty. (2) To allow the Humane Society to retain all adoption, impound, board, fines and other fees collected from the public for animals accepted into the shelter since the Society has factored retention of such fees into the cost of the contract. (3) To provide the Humane Society all licenses and licensing material for the City of Federal Way and other entities with whom the City of Federal Way has contracted with. (4) Until the Humane Society accepts the animal, the City of Federal Way is responsible for all after-hours emergency care of any animal that it impounds. The City of Federal Way will be responsible for payment of care for impounded animals taken by the City of Federal Way after hours to veterinary clinics by its Animal Control officers. During hours that the Shelter is open, the Society normatly has a veterinarian available to provide veterinary care; however, in the event that the Humane Society does not have a veterinarian available to provide veterinary care at the Shelter, any animals needing such care during such times shall be the responsibility of the City of Federal Way. The Society shall immediately inform Commander.Melanie McAllester when the Society does not have a veterin�rian available to provide veterinary care at the Shelter and the expected duration. The City of Federal Way is responsible for transporting the animal from any veterinary clinic to the Humarte Society once the animal is stabilized. (5} The City of Federal Way animal control o�cers will completely and accurately perform the data input required for shelter admission as well as scan each animal for microchips Officers must also administer canine vaccines provided by the Society to animals dropped off at the shelter as required by shelter admissions policy, with the exeeption of when City of Federal Way animal control officers have an emergency situation or the dog's behavior is dangerous, provided the officer notes the exception on the medical . The Society will provide the necessary training for the vaccinations and computer intake requirements. The Society will create the shelter admissions policy and provide it to the City of Federal Way. (6) To hold the Society harmless from any damages or attorneys' fees or costs incurred by the Society, as a result of litigation which (a) names the Society and (b) involves a City of Federal Way ordinance that is declared illegal or unenforceable and upon which the Society relied in the performance of its obligations under this agreement. MUTUAL COVENANTS AND UNDERSTANDINGS — both parties hereto agree to the following conditians: (1) All persons employed by the Society to perform its obligations under this contract shall be employees of the Society and not of the City of Federal Way. (2) Either party can terminate this contract upon 180 days' written notice; Provided that either party may terminate this upon 60 days' written notice for breach of any material clause herein. To facilitate timely renewal or termination, the parties agree to commence negotiations for the 2014 contract by August 1, 2013, and to gather and provide to each other all pertinent data reasonably necessary to meaningfully negotiate. (3) If this contract is not renewed or terminated by the expiration date of this contract, it shall remain in full force and effect on a month-to-month basis with a 5% rate increase, in accordance with the terms of this contract. (4) Modification. This instrument constitutes the entire Agreement befinreen the parties and supersedes all prior agreements. No modification or amendment shall be valid unless evidenced in writing, properly agreed ta and n signed by both parties. In the event either party shall desire to renegotiate any provision of th� agreement, the party shall provide 90 days' notice to the other party. The notice shall identify the provision or provisions to be renegotiated, the r�ques#ed changes, and shall state the reasons for the request. The party receiving the r�quest shall respond in writing on or before the end of the 90-day period. (5) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed to the party at its address as stated in this Agreement or at such address as any party may designate at any time in writing. Notice ta City of Federal Way shall be sent to: �or animal control issues: Comrnander Melanie McAllester 33325 8"' Ave South Federal Way, WA 98003-9718 For licensing or payment issues: Commander Melanie McAllester 33325 8� Ave South Federal Way, WA 98003-9718 Notice ta the Society shall be sent to: Executive Director 2608 Center Street Tacoma, WA 98409 (6) Litiqation Costs and Fees. In the event of litigation concerning the terms of or perFormance under this Agreement, the prevailing party, in addition to costs, shall be entitled to reasonable attorney's fees as determined by the court. (7) Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. End of Agreement. Signature page immediately following. � XX. Authority to Sign. The individuals signing below on behalf of Humane Sociefy and the City of Federal Way represent and warrant that they each have the requisite power and authority to enter into this Agreement on behalf of their re�pectiv� organiaations. DATED this 14th day of November , 2011. THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY CITY OF FEDERAL WAY A:��t�tet.�.rt D'.ea.e�z Executive Director � � Lt�i�� D' ec r in c D a en �- Attest: I.L� '�, ;1 � � �_. Appr ved as to or nd legality: Assistant i At orney �,