HomeMy WebLinkAboutDog Licensing Designee Agreement with Intermountain Pet Hospital for Issuance of City Dog Licenses:3~.,..
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DUG LICENSING DESIGNEE AGREEMENT
This DOG LICENSING DESIGNEE AGREEMENT is made this day of
2011, by and between the City of Meridian, a municipal corporation organized under
the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Broadway Avenue,
Meridian, Idaho 83642, and ~ _ _ _ _ ~~;,,,~. ~~ P'~ _ , hereinafter r ferred to
as "LICENSING DESIGNEE," whose business address is ~~ . U ~~~ !~ s
A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and
obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING
DESIGNEE'S issuance of dog licenses on CITY'S behalf. By entering into this agreement,
both parties seek to: l) encourage and facilitate the licensing of all dogs within the City of
Meridian; and Z) implement the provisions of Meridian City Code section 6-2-3(H).
B. Time of Performance: This agreement shall be effective from January 1, 2012 to December
3 1, 2012.
C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE
to issue dog licenses on behalf of CITY in accordance with all applicable provisions of
Meridian City Code.
D. Responsibilities of LICENSING DESIGNEE:
1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after
verification of compliance with all provisions of Meridian City Code section 6-2-3,
including, but not limited to:
a. Verification that any dog to be licensed has a valid rabies vaccination in accordance
with Meridian City Code section 6-2-3(D).
b. Verification that the owner of any dog to be licensed is eligible for the license fee
sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog
owner/user is visually or hearing impaired or disabled; whether dog owner is training
such dog as seeing eye, hearing ear, or guide dog; and/or. whether replacement license
tag will indeed replace, validly issued, lost tag.
c. Collection of appropriate license fee.
DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 1 OF 6
2. Official log: LICENSING DESIGNEE shall ke
, ep an official, monthly, written log of all
dog licenses Issued by LICENSING DESIGNEE o
n the form provided herewith entitled,
"MONTHLY LOG -DOG LICENSES ISSUED BY
LICENSING DESIGNEE:
[MONTH & YEAR]" (hereinafter "monthl to " , If '
y g) such form is lost or rendered
unusable for any reason whatsoever, LICENSING DESIG •
NEE must keep a written record
including: the serial numbers of the do license tags •
g b provided by CITY for issuance by
LICENSING DESIGNEE and shall also contain the foil '
owing Information as to each dog
license issued by LICENSING DESIGNEE:
a. date of issuance;
b. dog license tag serial number;
c. amount of license fee collected;
d. amount of administrative fee collected;
e. name, address, and telephone number of dog owner;
f. description of dog to be licensed;
g. verification of documentation demonstrating do owner's com lian '
g p ce with all
provisions of Meridian City Code section 6-2-3 • and
h. verification of eligibility of dog owner to a license fee sou ht '
p Y g to be paid.
3. Administrative fee: CITY hereby authorizes LICENSING. DESI
GHEE to collect and
keep an administrative fee often percent (10% of the amount of '
each dog license fee
collected on CITY's behalf. LICENSING DESIGNEE shall kee a '
p record of dog license
fees collected and administrative fees retained and shall re ort s
p ame to CITY in its annual
report.
4. Monthly submission to City Clerk: At the end of each month d '
ur~ng the term of this
Agreement, LICENSING DESIGNEE shall submit to the Meridian Ci
ty Clerk.
a. All dog license fees collected by LICENSING DESIGNEE on CITY' •
s behalf, and
b. A true and correct copy of the LICENSING DESIGNEE's monthl '
y log, completed in
full.
Such fees and to shall be submitted to the ' '
g Meridian City Clerk no later than the
fifteenth (15th) day of the month following the month for which the f
ees were
collected and the monthly log completed.
DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 2 OF 6
5. Annual submission to City Clerk: No later than January 15, 2012, LICENSING
DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by
LICENSING DESIGNEE; and
b. An annual report, by completing in full the form provided herewith entitled,
"ANNUAL REPORT -DOG LICENSES ISSUED BY LICENSING DESIGNEE."
6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or
annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as
set forth in sections E(2} and E(3) of this Agreement, the Meridian City Clerk notifies
LICENSING DESIGNEE of a discrepancy in fees collected and data reported by
LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING
DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING
DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the
number and type of dog licenses issued and the number of unissued dog license tags
returned to CITY shall not be excused for any reason, regardless of LICENSING
DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees,
tags, and/or data.
E. Responsibilities of CITY:
1. Provision of doQ license to s: CITY shall rovide to LICENSING DESIGNEE Q~
g p
Quantity
dog license tags with the following serial numbers: ,
which dog license tags are to be issued by LICENSIN DESIGNEE only upon
LICENSING DESIGNEE's verification of compliance with all provisions of Meridian
City Code section 6-2-3.
2. Monthly accounting: Upon,LICENSING DESIGNEE'S monthly remittance to the
Meridian Cifiy Clerk of all dog license fees collected by LICENSING DESIGNEE on
behalf of CITY and the official monthly log. kept by LICENSING DESIGNEE, the
Meridian City Clerk shall conduct an accounting to determine that the fees remitted
correspond to the number and type of dog license tags issued by the designee according to
the desi ee's log. In the event. of a discrepancy between the log, fees remitted, and/or
unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy.
3. Annual accounting: Upon LICENSING DESIGNEE'S remittance to the Meridian City
Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly
DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 3 OF 6
logs kept by LICENSING DESIGNEE, unissued do license to s and LICEN
g g , SING
DESIGNEE's annual report, the Meridian City Clerk shall conduct an accountin
. g to
determine that the fees remitted correspond to the number and e of do license
. typ g tags
Issued by the designee according to the designee's logs. In the event of a discre anc
between the to p y
gs, fees remitted, and/or unissued tags, the Meridian City Clerk shall noti
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LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY
funds in the amount of the discrepancy.
F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issu
e
vicious dog licenses on behalf of CITY.
G. Independent Contractor: In all matters pertaining to this a Bement, LICENSING
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DESIGNEE shall be acting as an independent contractor, and neither LICENSING
DESIGNEE nor any officer, employee or a ent of LICENSING DESIGNEE will
g be deemed
an employee of CITY. The selection and designation of the personnel of CITY in the
performance of this agreement shall be made by CITY.
H. Notices: Any and all notices required to be given by either of the parties hereto unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed to CITY as
follows: City Clerk, City of Meridian, 33 E. Broadwa Avenue, Meridian Idaho 83642 or to
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LICENSING DESIGNEE as follows:
Licensing Designee ame and Address
Either party may change its address for the purpose of this paragraph by ivin written notice
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of such change to the other in the manner herein provided.
L Attorney Fees: Should any litigation be commenced between the arties heret '
p o concerning
this Agreement, the prevailing party shall be entitled, in addition to an other relief as ma be
y y
granted, to court costs and reasonable attorneys' fees as determined by a Court of com etent
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jurisdiction. This provision shall be deemed to be a separate contract between the arties and
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shall survive any default, termination or forfeiture of this Agreement.
J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING
DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell an
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of its rights or responsibilities under this Agreement except upon the prior express written
consent of CITY.
K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING
DESIGNEE shall not discriminate against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
DOG LICENSING DESIGNEE AGREEMENT ^ PAGE 4 OF 6
L. Re orts and Information: At such times and in such forms as the CITY may require, there
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shall be furnished to the CITY such statements, records, reports, data and information as the
CITY may request pertaining. to matters covered by this Agreement.
M. Audits and Inspections: At any time during business hours and as often as the CITY may
deem necessary, there shall be made available to the CITY for examination all of
LICENSING DESIGNEE' S records with respect to all matters covered by this Agreement.
N. Compliance with Laws: In performing the scope of services required hereunder,
LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
0. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing.
The to whom the change is proposed shall have thirty (30) days to accept or reject the
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proposed change. Changes which are mutually agreed upon by and between the CITY and
LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment
signed by both parties.
P. Termination:
1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees,
or agents fails to fulfill in a timely and proper manner its obligations under this
..Agreement, violates any of the covenants, agreements, or stipulations of ;this Agreement,.
falsifies an record or document required to be prepared under this agreement, engages in
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fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if
the Meridian City Council determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by
giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice.
LICENSING DESIGNEE may terminate this agreement at any time by giving at least
fifteen (15) calendar days written notice to CITY.
2. Remittance to CITY: In the event of any termination of this Agreement, all finished or
documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian
City Code and/or under this Agreement, completed or incomplete, shall, at the option of
the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all
licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued
dog license tags. Upon such remittance following termination, the Meridian City Clerk
shall conduct an accountings} as set forth in sections E(2) and E(3) of this Agreement,
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement by
LICENSING DESIGNEE. This provision shall survive the termination of this agreement
and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages.
DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 5 OF 6
Q. Construction and severability: If any part of this Agreement. is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of
this Agreement so long as the remainder of the Agreement is reasonably capable of
completion.
R. Entire agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
S. Applicable law: This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian.
T. Approval required: This Agreement shall not become effective or binding until approved
by CITY.
LICENSING DESIGNEE:
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Sign tore
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BY. o- ~ ~ ~ ~
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Print Name
CITY OF MERIDIAN:
BY:
Attest:
TAMMY de RD, MAYOR
CITY CL
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DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 6 OF 6