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
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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
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