Loading...
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: 1 c 35� 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. 2 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 3 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