HomeMy WebLinkAboutTri-City Animal Control - 2007 Termination Agmt - All Parties TERMINATION OF PERSONAL SERVICES AGREEEMENT
BY AND BETWEEN ANIMAL CONTROL AUTHORITY OF THE CITIES OF
KENNEWICK, PASCO AND RICHLAND
AND
TRI-CITY ANIMAL CONTROL AND ALL EXTENSIONS THEREOF
THIS TERMINATION AGREEMENT is made and entered into this z7 7Oday of March 2007,
by and between Tri-City Animal Control & Sheltering Services, Inc., of 1312 South 18th
Avenue, Pasco, WA 99301 ("TCAC" herein) and the Cities of Kennewick, Pasco, and Richland,
political subdivisions of the State of Washington(collectively "ACA" herein).
ACA and TCAC entered into that certain Personal Services Agreement dated January 1, 2004
(the "Agreement") and extended said Agreement through March 31, 2007 (the "Extension").
ACA and TCAC desire to formalize certain understandings regarding the transfer of equipment,
and payment therefor, the submission of reports, and the payment for services in order to
facilitate termination of the Personal Services Agreement effective after 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, ACA and TCAC hereby agree as follows:
A. On or before March 31, 2006, TCAC agrees to:
1. Sign transfers of title to City of Pasco (as the ACA's operating jurisdiction) for the
following vehicles:
1 - 2004 Nissan, VIN IN6DD26T54C448304
1 - 2004 Nissan, VIN IN6DD26T54C482792
2. Transfer the equipment and replacement equipment listed as a schedule as
Attachment "A" to the Personal Services Agreement which is, likewise, attached
hereto and incorporated hereinby--this reference, to ACA or the ACA's contract
provider at the Animal Shelter.
3. Remove all of TCAC's personal equipment, articles and effects not subject to
transfer under this Agreement, from the Animal Shelter.
4. Provide for the payment of all contractor provided utility and other services
including, but not limited to, telephone and communication services, garbage
disposal services,janitorial and security services as applicable, pursuant to Article
15 of the Agreement.
Termination of Personal Services Agreement
TCAC/ACA- 1
B. On or before April 2, 2007, TCAC agrees to:
1. Deliver all records required to be kept under the Personal Services Agreement and
as additionally identified in Attachment A to the Personal Services Agreement
(Duties and Responsibilities of the Contractor).
2. Submit all fees due to the ACA cities for licensing, impounding or boarding.
3. Provide complete expenditure information for 2006 budget sharing incentive
settlement.
4. Provide complete employment reporting for the months of February and March in
order for ACA to remit (adjusted) monthly payments under paragraph 2 of the
Extension.
C. Provided that TCAC completes, timely, its obligation as outlined in Section A and
Section B above, on or before April 10, 2007, ACA agrees to:
1. Make final payments to TCAC for the months of February and March pursuant to
the Extension.
2. Provide any applicable 2004 budget incentive payment to TCAC.
3. Provide payment to TCAC in the amount of$11,952.00 as consideration for the
transfer of equipment as specified in Attachment A" hereof.
4. In the event that TCAC fails to comply with the obligations set forth above, ACA
may withhold final monthly payments for February and March, and the payment
of $11,952.00, or portions thereof, until TCAC 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,
ACA acknowledges and agrees that such performance constitutes full satisfaction of all
claims it might have against TCAC for performance of the services provided by TCAC
under the Personal Services Agreement. Conditioned upon completion of all of the
terms and conditions enumerated in Sections A, B and C, TCAC hereinby acknowledges
and agrees that it has received full satisfaction of all payments and claims it might have
against ACA regarding ACA's performance of the terms and conditions of the Personal
Services Agreement. Both parties acknowledge that the Personal Services 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 as set forth
in Section CA above, in the event TCAC fails to transfer title to the vehicles listed in A.1,
ACA may withhold an equal amount of the retail value of the above listed vehicles as
established by Kelley Blue Book.
Termination of Personal Services Agreement
TCAC/ACA-2
F. All terms, conditions, representations and warranties contained in the Personal Services
Agreement, including the preservation of documents and the production of records, shall
as provided therein, survive the termination or expiration of the Personal Services
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.
a
DATED this 2-7 7 day of N ) 2007.
CITY OF KENNEWICK, WASHINGTON
Robert R. Hammond, City Manager
CITY PASO , A 1NGTON
Gary rd fie , i y M ager
CIT OF RICHLAND, WASHINGTON
L'e
John C. Darrington, 6it y anager
/30/x-7
TRI CITY ANIMAL ONTROL &
SHELTERING SER ICES, INC.
Bruce Young
Termination of Personal Services Agreement
TCAC/ACA-3
Attachment "A"
Equiipme nt Transf,pr TCAC to ACA
our cost city pay ok
5 my desk 50 40 50
7 phones stem 150 120 15D
8 5 chairs 25 20 25
911 sec chair 5 4 5
1165 0
T41desk gra wood 50 40 40
171security system 807 646 807
1813 see chairs 15 12 15
-250 0
-35 0
�Ume ck 120 96 96
2314 chairs 20 16 20
24 Ismail refrigerator..____ 601 48 60
-39 0
0
32 1 cat catcher 75 0 0
35 24 white cat cages 5376 2688 4300
38 full size refrigerator 100 80 100
44 1 scale 8251 413 760
46 3 portable puppy fences 2251 180 180
47 Puppy gate 15 12 12
50 16cat traps 0
51 100 pet carriers 0 0
52 5 food binds 0 0
53 washer 200 0 200
54 dryer 200 0 0
55 canopy__ 0 0
56 metal table 0 0
61 "S dog cages 01 0
62 2 SS dog cages 0
64 cage dollies 0
65 3 dog traps 950 475 760
0 0
67 6 dog cages 0 80
70 24 galvanized cat cages 2940 1470 2352
72 1 metal table 0
73 day use drug cabinet 79 63 63
74 squeeze ca a small 120 96 96
77 6 wire cages 0
81 metal roof 720 576 720
64 3 desks 50 40 40
85 2 -4 drawer filing cabinets 20 16 0
86 3 chairs 151 12 15
95 small refrigerator 60 48 60
98 2 sec chairs 10 8 10
10012 office partitions 0
10415 badges 250 125 125_5R]
111 miscellaneous food bowls 609 0 400
112 pet bedsimats 520 0 0
130 1 mop bucket 59 47 47
133 small bulletin boards 40 32 32
139 snake tong 89 0 0
143 white boards 40 32 32
78 SS drop off cages 600 0 300
154691 6665 11952
Z0 39vd 66399VG60S L00Z/9Z/60