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Home My WebLink AboutA2Z Animal Sheltering Svs - PSA Random Patrol 2009 - 2012 PERSONAL SERVICES AGREEMENT Random Patrol This AGREEMENT is made and entered into this � �� day of sec.—zA?-.RA--2049, by and between A2Z Animal Sheltering Services (Angela Zilar, President), a not for profit corporation, 1312 South t e Avenue, Pasco, WA 99301 ("Contractor" herein) and the City of Pasco, a political subdivision of the State of Washington ("City" herein). Whereas, Contractor and City are parties to that certain Personal Services Agreement dated April 1, 2007 between Angela C Zilar, as "Contractor" and the cities of Kennewick, Pasco and Richland acting as the Animal Control Authority, "ACA", which shall hereinafter be referred to as the ACA Agreement; and Whereas, said ACA Agreement provides that individual cities may contract for additional random patrol services; and Whereas, Contractor and City desire to formalize the terms and conditions under which such random patrol services will be provided by Contractor in the City of Pasco. Now, therefore, Contractor and City agree as follows: 1.0 ARTICLE L PURPOSE OF AGREEMENT The purpose of this Agreement is to establish the relationship between the City and the Contractor, whereby the Contractor will provide random patrol services to the City in addition to those provided to the City under the ACA Agreement. The Contractor shall provide animal control services in specified areas of the City of Pasco and as specified in Attachment A hereof. In consideration for said services, the City shall pay the Contractor in U.S. funds such moneys and in such manner as herein described. 2.0 ARTICLE 2. INCORPORATION OF ACA AGREEMENT TERMS The terms and conditions of each of the Articles 2-10 and 12-24 of the ACA Agreement, are adopted and incorporated herein, by this reference as if fully set forth except for those articles as specifically modified herein below, providing that, for purposes of this agreement in Articles 7, 9, 10, 12, 16, 21, 22 and 23 the term "ACA" shall mean City of Pasco ("City") and "Contractor" shall mean A2Z Animal Sheltering Services ("Contractor"). 3.0 ARTICLE 3. WRITTEN NOTICE Any notice of change, termination or other cornmunication having a material effect on this Agreement shall be served in one or more of the following manners_ 1 a. In-person delivery to an authorized officer, employee, agent or other representative of the contracting parties. b. Deposited in the U.S. mails under certified or registered handling, postage prepaid, posted to the address(es) provided herein_ City of Pasco Gary Crutchfield, City Manager Angela Zilar. A2Z Animal Sheltering Services PD Box 293, Pasco WA 99301 1312 South 18'h Ave., Pasco WA 99301 (509)545-3404 (509)545-3740 (509)545-3403 - fax (509)545-6293 — fax 4.0 ARTICLE 4. GOVERNING LAW/VENUE This Agreement shall be governed by the laws of the State of Washington. Any action or suit commenced in connection with this Agreement shall be in the Franklin County Superior Court. 5.0 ARTICLE S. INDEMNIFICATION AND HOLD HARMLESS The Contractor shall indemnify and hold the City of Pasco, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RC , solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6.0 ARTICLE 13. USE OF ACA FACILITIES By and through this Agreement, Contractor and its employees or agents shall have the right to use such portions of the animal shelter which are leased to the ACA by the City of Pasco. All permitted uses, restrictions on use, repairs and maintenance, alterations, property insurance, utilities, damage or destruction and surrender provisions shall apply as per the ACA Agreement. 2 7.0 ARTICLE 14. RESPONSIBILITY FOR SUPPPLIES AND MATERIALS The City shall have no responsibility for the loss, theft, mysterious disappearance or damage to all equipment, tools, materials, supplies or other personal property of Contractor its employees, subcontractors or material, which may be stored on ACA premises. 8.0 ARTICLE 15. TERMINATION OF AGREEMENT This Agreement may be terminated under the follovring conditions: a. By written mutual agreement of both parties, termination under this provision may be immediate. b. Upon sixty (60) days written notice by either party to the other of intent to terminate. C. Failure to comply with the conditions of this contract may be grounds for termination. Contractor will be allowed reasonable time to correct conditions not in compliance with Agreement. However, the City may terminate this contract on 30 days notice for documented performance failures. d. Upon 30 days notice by the City, in the event of termination of the ACA Agreement under Article 15 of such Agreement, or conviction of a crime committed by the Contractor of one of its agents in the course of performing under this Agreement. C. Upon expiration or termination of the active ACA Agreement. If this Agreement is terminated by either party, the City agrees to pay to the Contractor all costs and expenses associated with services provided to the effective day of termination. Monies due and payable will be pro-rated based on the number of service days performed through the date of termination. Notwithstanding any termination hereunder, all requirements of this Agreement shall remain in .full force and effect through the date of termination upon written notice from the City. 9.0 ARTICLE 16. STANDARD OF SERVICES Contractor agrees to perform services with that standard of skill and diligence normally provided by a professional organization in the performance of similar services. It is understood that the Contractor must perform the services based in part on information furnished by the City and that Contractor stall be entitled to rely on such information. However, Contractor is given notice that City will be relying on the accuracy, competence and completeness of the Contractor's services in utilizing the results of such services. To further this level of service,the contractor will utilize the written operational 3 procedures relating to daily operations, and specifically euthanasia procedures as developed for use in its agreement with the Animal Control Authority. 10.0 ARTICLE 17. TERM OF AGREEMENT This Agreement shall remain in force and effect from January 1,2010 through December 31, 2012. The patties hereto agree that the terms of this agreement, and as they may in the future be modified, may be renewed for subsequent two-year periods upon written agreement of the panics. 11.0 ARTICLE 20. FEES The Contractor agrees to provide random patrol services as herein specified and in the manner specified. The City shall have no liability for taxes, insurance or other expenses associated with the performance of the Contractor's duties hereunder. 12.0 ARTICLE 24. INSPECTIONS The contractor sha11 submit to inspections of the premises and records by representatives of the City at any time, without prior notice. Such inspections may include, but not _ limited to, financial audits, records audits, inspection of kennels or observation of procedures. The Contractor and the City hereby agree to all provisions of this Agreement. Signed this -/ riq day of-77M6ZA_ 2049, Pasco,Washington. Cl O PAS G Y CRUT&FIEL6, Chy Manager CONTRACTOR: A2Z Animal Sheltering Services /tAIN .ti- ANGEL A 21LAR, Oresident 4 Random Patrol — ATTACHMENT A Dat_ies and Resaonsibi[it iesof the Contractor Pursuant to the ACA Agreement, it is anticipated the Contractor will continue to provide all of the services, duties and responsibili ties assigned to Contractor and specifically outlined in Attachment A of said agreement. I is intended that Contractor will provide 40 hours per week of"random patrol°' in and for the City of Pasco. Such random patrol shall consist of-Tnforcement of Animal Regulaton• Laws'-as outlined in paragraphs 1-19 of Attachment A in the ACA agreement and subject to the following: 1. Weekly Schedule—The City will direct Contractor as to the weekly work schedule with the intent of addressing animal problem areas in the City and coordinating services to be provided under this agreement with the patrol services that are provided to the City under the ACA Agreement_ The normal work schedule will consist of five consecutive work days each with a minimum of 8 and 112 consecutive hours including a one half hour meal break. City will provide at least 10 days notice for significant changes in the schedule. 2_ Canvassing— The City may direct Contractor to provide door-to-door canvassing of selected areas for rc gnIatory compliance as part of the random patrol. 3. Animal Transport Equipment— The City shall provide to Contractor, exclusively for providing the services intended by this agreement, a patrol vehicle which shall have a uniform appearance and be equipped on a par with all other vehicles maintained for animal control by Contractor. Contractor shall be responsible for registration, licensing, insurance and all maintenance expense associated with said vehicle. Vehicle shall remain the property of the City upon termination of this agreement and- upon such termination shall be delivered to the 0tv in the same condition as originally delivered to the Contractor- reasonable wear and tear excepted_ 4. Contractor shall, within 120 days of the effective date of this agreement, secure certification from the Animal Kennel Club to provide Canine Good Citizen testing for Cite dog owners. Contractor shall provide CGC test clinics at least once every quarter during the term of this agreement or less frequently upon the approval of the City. S. Compensation Schedule— As compensation for the services to be provided pursuant to this agreement. City shall pay to Contractor, in monthly installments, due on the first day of each month, the amounts listed in the attached Compensation Schedule corresponding to each calendar dear for which this agreement is in effect. 6. Additional Compensation— In addition to the compensation identified in paragraph 5-above. City agrees to pay to Contractor, a)the sum of$10 for each stray dog, in excess of 160 dogs per month, that is found running at large and impounded by Contractor within the City limits of the City of Pasco; b) the sum of$10 for each animal license in excess of 20 per month, issued between May 1 and December 31 each year and c)the sum of $10 for each citation sustained by the municipal court, in excess of 20 per month, issued for animal control violations in the City. 7. Contractor shall provide written monthly reports summarizing all random patrol activities undertaken pursuant to this agreement_ Such reports shall include documentation regarding"additional compensation" items c±utlined in paragraph 6,above. City shall provide payment for such items within 30 days of receipt of the activit% report which documents the same. Pasco Rare, i Patrol r Compensation Schedule Current Anuual Anuual 2009 2010 Change% 2011 2012 change% Personnel $ 37,132 $ 37,132 0% $ 38,246 $ 39,393 3% Taxes $ 7,426 $ 7,426 0% $ 7,649 $ 7,878 3% Medial $ 5,555 $ 5,555 0% $ 5,722 $ 5,893 3% Dental $ 1,190 $ 1,190 0% $ 1,226 $ 1,262 3% Training $ 500 $ 1,000 50% $ 1,030 $ 1,061 3% i Uniforms $ 531 $ 531 0% $ 547 $ 563 3% Vehicle $ - $ - 0% $ - $ 3% Equipment $ 250 $ 960 26% $ 989 $ 1,018 3% . . Gas/Oil $ 3,660 $ 3,660 0% $ 3,770 $ 3,883 3% insurance $ 1,694 $ 1,694 0% $ 1,745 $ 1,797 3% Maintenance/Repair $ 584 $ 584 0% $ 602 $ 620 3% Overhead $ 2,000 $ 1,500 -33% $ 1,545 $ 1,591 3% Annual Total $ 60,522 $ 61,232 1% $ 63,069 $ 64,961 3% Monthly Payment: $ 5,044 $ 5,103 1% $ 5,256 $ 5,413 3% i i i