Document Sample
            January 1, 2010 through December 31, 2010

THIS IS AN AGREEMENT between the City of Sequim, a municipal corporation
of the State of Washington, hereinafter referred to as "City" and the Olympic
Peninsula Humane Society, a Washington nonprofit charitable corporation,
hereinafter referred to as "Society," providing for the Society to provide certain
services for the City of Sequim to be performed at its animal shelter and to
receive and care for animals impounded pursuant to City ordinances in Title 6 of
the Sequim Municipal Code, for certain agreed-upon consideration.

IT IS HEREBY AGREED by the parties as follows:

A) Term of Agreement. This agreement shall commence on the 1st day of
January, 2010, and shall continue through 31st day of December, 2010.

B) Services. The Society shall:

      1) Operate, in accordance with all laws, its animal shelter at 2101 W.
      Highway 101, in Port Angeles, Washington, 98363, and receive
      Animals of the City of Sequim brought there pursuant to City ordinances in
      Title 6 of the Sequim Municipal Code by the City's designated animal
      control agent, by City law enforcement, by Humane Society officers, and
      by the public. This generally refers to pet animals such as dogs, cats and
      some birds. In cases where livestock or other animals must be cared for,
      the Society shall work in cooperation with City law enforcement and the
      general public to assist in providing such care.

      2) Observe the following office hours (which may be reasonably
      amended by the Olympic Peninsula Humane Society):

             Monday through Friday, 10 AM through 5:00 PM
             Saturday, 10 Am through 5:00 PM

      3) Supply, feed, house and care for all animals received under this
      contract at the facility in accordance with those conditions set forth in City
      ordinances in Title 6 of the Sequim Municipal Code, attached as Exhibit 1.
      All animals shall be kept and/or disposed of in a humane manner pursuant
      to Washington State law and City Code requirements.

      4) The Society shall make reasonable efforts to return impounded
      animals to the proper owner pursuant to provisions of the City Code, and
      for notifying the proper owner pursuant to the City Code.

      5.) The Society shall not charge the City if an animal is adopted from the
      Society to a City resident and returned to the facility within 90 days. There
      may be exceptions due to unforeseen circumstances if acceptable to both

      6) The Society shall be responsible for attempting to collect fees from
      the responsible owner.

      7) The Society shall comply with all requirements set forth in City
      ordinance (Title 6), including but not limited to provisions for the length
      of time animals shall be kept and notices to owners and attempts to locate
      owners, as provided by ordinance.

      8) The Society shall operate in accordance with any zoning and health
      standards set by the State or local law, and shall comply with all federal,
      state and local laws governing equal employment opportunity, wage and
      hour requirements, worker's compensation, worker's safety, and all other
      legal requirements governing employee relations and working conditions.

      9. The Society shall act as an agent in the sale of animal licenses for the
      City, and shall collect fees established by Title 6 City ordinance and
      account for the receipt of such fees. Licenses will only be sold to animals
      that meet all requirements to receive a license at time of release from the
      Society. The Society shall report to the Code Compliance Officer monthly
      with a complete list of licenses sold and all pertinent information to update
      the City’s records. The Society may keep such fees collected during the
      term of this contract.

      9) The Society shall cooperate with the City officials, the City's
      designated animal control agent, and City law enforcement on actions
      pertaining to animals and quarantine, and shall assist the City Clerk, City
      Attorney, and City law enforcement in obtaining and presenting evidence
      in the civil or criminal prosecution of all violations of Title 6 or state
      statute pertaining to animal control, including licensing and registration.

      10) The Society shall provide services associated with animal
      sheltering which shall include, but are not limited to:

             -      Recordkeeping
             -      Animal receiving history
             -      Identification requirement
             -      Lost and found
             -      Specific address location of animal and/or animal owner to
                    determine whether the owner and/or animal are located in
                    the city of Sequim
             -      Accounting of fees and collection of fees

C) Indemnification/Insurance Requirements.

      1) The Society shall carry liability insurance with the following
      minimum coverage: $1 million, combined with single limit bodily injury
      and property damage with the City named as an additional insured and
      shall provide that the City is to be notified by the insurance agent broker
      or company not less than 30 days in advance of any policy cancellation or
      termination of coverage. Such insurance shall be subject to the approval
      of the City Attorney.

      2) The Society shall forward copies of all insurance policies or
      binders to the City within 7 days of signing this agreement. Failure to
      meet this contract requirement shall be deemed a material breach of the

      3) The Society does release, indemnify and promise to defend and
      save harmless the City, its elected officials, officers, employees, and
      agents, from and against any and all liability, loss, damages, expense,
      action, and claims, including costs and reasonable attorney fees incurred
      by the City, its elected officials, officers, employees and agents in the
      defense thereof, asserting or arising directly or indirectly on account of or
      out of the performance of service pursuant to this agreement. In making
      such assurances, the Society does specifically agree to indemnify and
      hold harmless the City from any and all bodily injury claims brought by
      employees of the Society, and expressly waives its immunity under the
      Industrial Insurance Act as to those claims which are brought against the
      City. Provided, however, this paragraph does not purport to indemnify the
      City against the liability for damages arising out of bodily injuries to
      persons or damages caused by or resulting from the sole negligence of
      the City, its elected officials, officers, employees or agents.

D) Accountability.

      1) By the 10th of each month following the provision of services, the
      Society shall submit to the City reports reflecting the number of animals
      handled for the City, broken down by address of their source, type of
      animal, surrender reason, intake and disposition dates, their disposition
      and a brief narrative highlighting the month's activities.

      2) The Society shall provide the Code Compliance Officer within 48
      hours with owner contact information when an animal is returned to owner
      without a city license and/or rabies. The Society shall provide the Code
      Compliance Officer within 48 hours of disposition the disposition and/or
      owner contact information for any animal that was brought to the shelter
      from the Code Compliance Officer so the City's files can be completed.

      3) The Society shall notify the Code Compliance Officer within 24
      hours if there is an outbreak of disease, such as, distemper, parvovirus,
      herpes, upper respiratory infection, Chlamydia, kennel cough, etc.

      4) The Society shall submit to both regular and random performance
      and financial audits by the City regarding this agreement. Reports of such
      audits shall be made public, and may have a bearing upon contract
      continuation and for extension. The City shall retain the right to inspect all
      records and to investigate any matter involving the care of animals or any
      other matter involving this animal shelter agreement.

      5) The Society shall make available for the City inspection at any
      reasonable time all records relating to the services, inspection, care
      provided, reports, etc., and/or City business. All such reports shall remain
      the property of the City. Those records which are public documents shall
      be made available to members of the public upon request to the City in
      accordance with the Public Disclosure Act.

      6) The Society shall maintain its ability to be properly licensed to
      operate as a business during the life of this contract, and shall provide to
      the City a copy of its bylaws, articles of incorporation, and nonprofit tax
      exempt designation, and a list of its current board officers and
      administrators. The Society shall inform the City within 30 days of any
      changes in the above.

      7) The Society shall handle and process documents and revenues
      from animal impounds, redemption and adoptions.

      8) If requested by the City Manager or City Manager's designee, the
      Society shall arrange to have the shelter inspected by a veterinarian
      licensed to practice in the State of Washington, and shall file a report of
      such inspection, signed and dated by the inspecting veterinarian. The City
      shall pay the cost of such inspection. If the veterinarian's report finds the
      Society to be in violation of the terms of this contract with respect to the
      provision of care to animals, the City may immediately terminate the
      contract except that the reporting and accounting requirements of this
      contract shall remain in effect.

      9) The Society agrees that City officials, employees and agents shall
      have unrestricted access to the shelter in order to verify compliance with
      the terms of this agreement during regular business hours.

E) Consideration.

      1) Fees for sheltering at the request of the City of Sequim shall be
      charged at the rate of $32.50 per cage
       per day for the required 72 hour holding period for a total fee of
      $97.50 per animal sheltered for the three days. Animals which are held at
      the request of the City of Sequim, for whatever reason, beyond the
      required 72 hour holding period will be billed at the rate of $30.00 per
      animal per day.
       Per cage means that a cat and her kittens or a dog and her puppies, when
       accommodated by the Society in one cage shall be charged at the rate of

       2) Fees for sheltering animals brought in by owners or private individuals
       shall be charged to those persons and not to the City of Sequim.

       3) The Society shall prepare an invoice for the services provided the
       prior month and deliver the appropriate invoice to the Code Compliance
       Officer or in their absence to the City Clerk or Finance Director by the
       10th of each month following the service delivery, and shall be paid within
       45 days. The following information to be attached to each monthly billing
       along with a copy of each animal intake form:
              a. Form Number
              b. Intake Date
              c. Species
              d. Reason for Drop Off
              e. Brought in by Whom
              f. Location found/picked up
              g. Residence location of Owner, if known
              h. If adopted, New Owner Information
              i. Status of Animal

F) Renewal. In order to facilitate the orderly review process for sheltering and
animal control services:

       1) The Society shall, by August 1st of 2010 submit to the City a
       proposal for continuing the services to the City. The proposal should
       present a line item format of the yearly operating budget proposed by the
       Society, and should review the services provided in the previous months
       by type, number and general location.

       2) The inclusion of a section on renewal does not in any way indicate
       that this is a continuing contract and the contract shall expire at the end of
       365 day period without notice to or from either party.

       3) In addition, any party may terminate this agreement by giving not
       less than 90 days' written notice of the intent to terminate to the City
       Manager on the part of the City, and to the Director of the Humane
       Society on the part of the Society.

G) General. The City and Society agree:

       1) The parties intend that an independent contractor relationship
       between the Society and the City will be created by this agreement. No
       agent, employee or representative of the Society shall be deemed to be
       an employee, agent, servant or representative of the City for any purpose,
           and the employees of the Society are not entitled to any of the benefits the
           City provides for City employees. The Society will be solely and entirely
           responsible for its acts and for the acts of its agents, employees, servants,
           subcontractors or otherwise during the performance of this agreement.

           2) The Society is not an employee of the City and is not eligible for
           any employee benefits. The Society is responsible for all taxes applicable
           to this agreement.

           3) The Society is not an agent of the City and does not have authority
           to bind the City to any fiscal or contractual obligation.

           4) The agreement for the Society to provide animal sheltering
           services is non-exclusive.

DATED: ___________________


Steven C. Burkett, City Manager


Karen Kuznek-Reese, MMC, City Clerk


Craig Ritchie, City Attorney


DATED: ___________________________ By: __________________________

DATED: ___________________________ By: __________________________
                                           Executive Director