HomeMy WebLinkAboutA2Z Animal Sheltering Svs - PSA Random Patrol 2012 - 2014 PERSONAL SERVICES AGREEMENT
Random Patrol
This AGREEMENT is made and entered into this 0 kh— day of mbeR. 2012,by and
between A2Z Animal Sheltering Services (Angela Zilar, President), a not for profit corporation,
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 April
1, 2007 between Angela C Zilar, 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
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 the City under the ACA Agreement. The Contractor shall
provide animal control services in specified areas of the City of Pasco and as specified in
Attachment A hereof. 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
The terms and conditions of each of the Articles 2-10 and 12-24 of the ACA Agreement,
as hereby amended, are adopted and incorporated herein,by this reference as if fully set
forth except for those articles as specifically modified herein below, providing that, for
purposes of this agreement in Articles 7, 9, 10, 12, 16, 21, 22 and 23 the term
"ACA" shall mean City of Pasco ("City") and"Contractor" shall mean A2Z Animal
Sheltering Services ("Contractor").
ARTICLE 3. WRITTEN NOTICE
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.
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b. Deposited in the U.S. mails under certified or registered handling,
postage prepaid,posted to the address(es) provided herein:
City of Pasco
Gary Crutchfield, City Manager Angela Zilar, A2Z Animal Sheltering Services
PO Box 293, Pasco WA 99301 1312 South 18th Ave., Pasco WA 99301
(509)545-3404 (509)545-3740
(509)545-3403 - fax (509)545-6293 —fax
ARTICLE 4. GOVERNING LAW/VENUE
This Agreement has been and shall be construed as having been made and entered into
and delivered within the State of Washington, and it is agreed by each party hereto that
this Agreement shall be governed by the laws of the State of Washington.
In the event of a dispute regarding the enforcement,breach, default, or interpretation of
this Agreement, the parties, or their designees, shall first meet in a good faith effort to
resolve such dispute. In the event the dispute cannot be resolved by agreement of the
parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended,
with both parties waiving the right of a jury trial upon trial de novo, with venue placed in
Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled
to its reasonable attorney fees and costs as additional award and judgment against the
other.
ARTICLE 8. INDEMNIFICATION AND HOLD HARMLESS
The Contractor shall indemnify and hold the City of Pasco, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City.
It is further specifically and expressly understood that the indemnification provided
herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title
51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
ARTICLE 13. USE OF ACA FACILITIES
By and through this Agreement, Contractor and its employees or agents shall have the
right to use such portions of the animal shelter which are leased to the ACA by the City
of Pasco. All permitted uses, restrictions on use, repairs and maintenance, alterations,
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property insurance,utilities, damage or destruction and surrender provisions shall apply
as per the ACA Agreement.
ARTICLE 14. RESPONSIBILITY FOR SUPPPLIES AND MATERIALS
The City shall have no responsibility for the loss, theft,mysterious disappearance or
damage to all equipment, tools,materials, supplies or other personal property of
Contractor its employees, subcontractors or material, which may be stored on ACA
premises.
ARTICLE 15. TERMINATION OF AGREEMENT
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 sixty(60) days written notice by either party to the other of
intent to terminate.
c. 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 30 days notice for documented performance
failures.
d. 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 of one of its agents in the course of
performing under this Agreement.
e. Upon expiration or termination of the active ACA 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
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 the 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 the Contractor's services in utilizing the results of such
services. To further this level of service, the contractor will utilize the written operational
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procedures relating to daily operations, and specifically euthanasia procedures as
developed for use in its agreement with the Animal Control Authority.
ARTICLE 17. TERM OF AGREEMENT
This Agreement shall remain in force and effect from January 1, 2013 through December
31, 2014. 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 20. FEES
The Contractor agrees to provide random patrol services as herein specified and in the manner
specified. The City shall have no liability for taxes, insurance or other expenses associated with
the performance of the Contractor's duties hereunder.
ARTICLE 24. INSPECTIONS
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.
The Contractor and the City hereby agree to all provisions of this Agreement.
Signed this !1 day of Iecer Oe 2012, Pasco, Washington.
CITY O A CO CONTRACTOR: A2Z Animal Sheltering Services
i _____4(frizst, (.7 ./.11,-,
GARY CRUTCHF ►4`:. ity Manager ANGELA ZILAR, P esident
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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.
Contractor will provide 40 hours per week of"random patrol" in and for the City of Pasco. The
city shall recognize City holidays, two weeks of vacation and one week of sick leave as a part of
the contract time. 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 1/2 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,maintain certification from the American 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. Contractor shall provide written monthly reports summarizing all random patrol activities
undertaken pursuant to this agreement. Such reports shall include 1) number of stray animals
picked up, 2) number of citations issued, 3) number of call responses, 4) Pit Bull activity, 5)
Canine Good Citizen Activity.
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