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HomeMy WebLinkAboutTri-City Animal Control - 2007 Termination Agmt - Pasco - Random Patrol TERMINATION OF PERSONAL SERVICES AGREEEMENT BY AND BETWEEN TRI-CITY ANIMAL CONTROL & SHELTERING SERVICES, INC. AND CITY OF PASCO,WASHINGTON (RANDOM PATROL) THIS TERMINATION AGREEMENT is made and entered into this --7 day of March 2007, by and between Tri-City Animal Control & Sheltering Services, Inc., of 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, City and Contractor entered into that certain Personal Services Agreement for Random Patrol dated February 8, 2005 (the "Agreement"); Contractor will, after March 31, 2007, no longer provide animal control services to the Animal Control Authority; and City and Contractor desire to formalize the termination of the Personal Services Agreement effective March 31, 2007. NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions hereinafter set forth, and for other good and valuable consideration, the sufficiency and adequacy of which are hereby acknowledged, City and Contractor hereby agree as follows: A. Contractor agrees to: 1. Provide by April 2, 2007, complete employment reporting for the month of March 2007 in order for City to verify employment of random patrol officer pursuant to the Agreement. 2. Sign transfer of title to City of Pasco for the following vehicle upon City's payment of$16,000 to Contractor: 1 - 2004 Nissan, VIN IN6DD26TX4C472078 B. Conditional upon Contractor providing employment reporting as required in Section A.1, City shall, on or before April 10, 2007, make final payment to Contractor for the random patrol services for the month of March 2007 pursuant to the Agreement. C. In the event that Contractor fails to comply with the obligations set forth above, City may withhold final monthly payment, or portions thereof, until Contractor has fully complied with all the conditions set forth in this Agreement. D. Subject to completion of each of the terms enumerated in Sections A, B and C above, City acknowledges and agrees that such performance constitutes full satisfaction of all claims it might have against Contractor for performance of the services provided to City under the Agreement. Conditioned upon completion of all of the terms and conditions Termination of Personal Services Agreement Random Patrol- 1 / 5-0 enumerated in Sections A, B and C, Contractor hereinby acknowledges and agrees that it has received full satisfaction of all amounts due from and claims it might have against City regarding City's performance of the terms and conditions of the Agreement. Both parties acknowledge that the Agreement, together with any extensions thereof, shall be and is hereby terminated as of 5:00 p.m., March 31, 2007. E. In addition to the specific performance and withholding of the final payment, in the event Contractor fails to transfer title to the vehicle listed in A.2, City may withhold an equal amount of the retail value of the above listed vehicle as established by Kelley Blue Book, F. All terms, conditions, representations and warranties contained in the Agreement, including the preservation of documents and the production of records, shall as provided therein, survive the termination or expiration of the Agreement. G. For the purpose of this Agreement, time is of the essence. In the event of a dispute in regards to the enforcement, interpretation or breach of this Agreement, in addition to the remedies provided above, the aggrieved party may, after meeting in good faith in an attempt to resolve the dispute, initiate litigation against the other. Venue for such litigation shall be in Franklin County, Washington, the laws of the State of Washington shall be applied, and the prevailing party shall be awarded as additional cost, judgment against the other, its reasonable attorney fees and costs. DATED this .2..? day of 7�1 e'"� , 2007. CITY O ASC HINGTON Gary tc i City anager TRI ITY ANIMAL CONTROL & SHELTERING SERVICES, INC. Bruce Young Termination of Personal Services Agreement Random Patrol-2