HomeMy WebLinkAboutTri City Animal Control - 2005 Personal Svs Agmt Random Patrol PERSONAL SERVICES AGREEMENT
Random Patrol
This AGREEMENT is made and entered into this day of r-� 2005 , by and
between Tri-City Animal Control , a (Corp, sole proprietor, etc) 1312 South 18th 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 January 1 , 2004 between Tri-City Animal Control 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:
ARTICLE 1 . PURPOSE OF AGREEMENT
1 . 1 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 City under the ACA Agreement. The Contractor
shall provide animal control services in specified areas of the city of Pasco . In
consideration for said services, the City shall pay the Contractor in U . S . funds such
moneys and in such manner as herein described .
ARTICLE 2. INCORPORATION OF ACA AGREEMENT TERMS
2. 1 The terms and conditions of each of the Articles 2 — 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.
ARTICLE 3. WRITTEN NOTICE
2.2 Any notice of change, termination or other communication having a material effect on
this Agreement shall be served in one or more of the following manners:
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:
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City of Pasco Tri-City Animal Control
Gary Crutchfield, City Manager Bruce Young, Owner
Address: PO Box 293 Address: 1312 South 18th Avenue
Pasco WA 99301 Pasco WA 99301
Telephone: (509) 545-3404 Telephone: (509) 545-3740
Fax: (509) 545-3403 Fax: (509) 545-6293
ARTICLE 4. GOVERNING LAWIVENUE
2.3 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.
ARTICLE 15. TERMINATION OF AGREEMENT
2.4 This Agreement may be terminated under the following conditions:
a. By written mutual agreement of both parties, termination under this provision
may be immediate.
b. Upon twelve (12) months written notice by Contractor to the City of intent to
terminate.
c. Upon twelve (12) months written notice by City to Contractor, which notice
shall not be given prior to January 1 , 2007.
d. 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 60 days notice for documented performance failures.
e. 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 or one of its agents in the course of performing
under this 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.
ARTICLE 16. STANDARD OF SERVICES
2.5 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 City and that Contractor shall be entitled to rely on such
information. However, Contractor is given notice that City will be relying on the
accuracy, competence and completeness of Contractor's services in utilizing the
results of such services. To further this level of service, the contractor will utilize the
written operational procedures relating to daily operations, and specifically
euthanasia procedures as developed for use in its agreement with the Animal Control
Authority.
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ARTICLE 17. TERM OF AGREEMENT
2.6 This Agreement shall remain in full force and effect as written beginning effective
March 1 , 2005 and through December 31 , 2009 unless earlier terminated. The
parties 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 parties.
ARTICLE 24. INSPECTIONS
2.7 The contractor shall 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.
ARTICLE 3. SIGNATURE PAGE
The Contractor and the City hereby agree to all provisions of this Agreement.
Signed this /e) tt�day of*2005 , Pasco, Washington .
CITY PASC
G RY CRUT Fl , City Manager
TRI-CITY ANIMAL CONTROL
BRUCE YOUN
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Random Patrol
ATTACHMENT A
Duties and Responsibilities of the Contractor
Pursuant to the ACA Agreement, it is anticipated the Contractor will continue to provide all of the
services, duties and responsibilities assigned to Contractor and specifically outlined in Attachment A of
said agreement.
It 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 "Enforcement of Animal Regulatory 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 Ys 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 regulatory compliance as part of the random patrol.
3 . Animal Transport Equipment — The Contractor shall be responsible for providing and
maintaining, 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.
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 City 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.
5. 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 year 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 outlined in paragraph 6, above. City shall provide payment for such items within 30
days of receipt of the activity report which documents the same.
Compensation Schedule
Random Patrol Services
(Estimate - basis for monthly payments)
Assumed
2005 2006 2007 2008 2009 Annual Change
Personnel 30000 30900 31827 32782 33765 3.00%
Benefits (11 %) 3300 3399 3501 3606 3714
Medical Insurance 4800 5040 5292 5557 5834 5.00%
Dental Insurance 1200 1260 1323 1389 1459 5.00%
Training 2000 500 500 500 500
Uniforms 500 550 600 600 650
Vehicle (5yr lease)` 5340 5340 5340 5340 5340
Equipment 500 100 100 150 150
Gas/Oil 3000 3150 3308 3473 3647 5.00%
Insurance 1500 1500 1500 1600 1600
Maintenance 200 500 500 700 700
Overhead 3000 3000 3000 3000 3000
Annual Total 55340 55239 56790 58696 60359
Monthly Payment to Contractor $4,612 $42603 $4,733 $4,891 $52030
Vehicle: Assume 60 months, 6.0%, $23,000