2003/02/12 Council Agenda Packet

y '1 paragraph (8) above. If animals are sold, the proceeds of such a sale shall belong to Everett. Any animal that is sold or disposed of by Everett shall be in accordance with all applicable state statutes and administrative codes. 14. Everett shall not sell or donate any animal delivered by Gold Bar or any of its duly authorized representatives for the purpose of scientific research or testing. B. HOLD HARMLESS 1. Gold Bar shall protect, save harmless, indemnify, and defend, at its own expense,Everett, its elected and appointed officials, officers, employees, and agents from any loss or claim for damages of any nature whatsoever, arising out of the performance of this agreement including claims by Gold Bar's employees or third parties, except for those damages solely caused by the negligence or willful misconduct of Everett, its elected or appointed officials, employees or agents. 2. Everett shall protect, save harmless, indemnify, and defend, at its own expense, Gold Bar, its elected and appointed officials, officers, employees, and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance of this agreement including claims by Everett's employees or third parties, except for those damages solely caused by the negligence or willful misconduct of Gold Bar, its elected or appointed officials, employees or agents. 3. In the event of concurrent negligence between Gold Bar and Everett, each party shall bear its proportionate responsibility based on degree of fault. It is expressly understood and agreed by the parties hereto that no liability shall attached to Gold Bar or to Everett by reason of entry into this agreement except as expressly provided herein. C. COMPENSATION AND BILLING 1. In consideration of all services provided by Everett for Gold Bar, Gold Bar agrees to pay Everett within thirty (30) days of receipt of an invoice or statement from Everett, an administrative fee in the sum of forty-five ($45.00) per animal impounded for maintenance and operation costs and fifteen ($15.00)per animal for a capital facility recovery charge according to terms of this agreement. 2. Everett may adjust the fee charged per animal on an annual basis to be effective on January 1 of each calendar year. If Everett intends to adjust said fees, it will give Gold Bar at least ninety (90) days written notice of its intent to do so. 3. Gold Bar and Everett must maintain adequate records to support their performance under this agreement. Gold Bar and Everett shall maintain said 3