HomeMy WebLinkAboutProfessional Services Agreement with Idaho Humane Society for Animal Control Services and Dog LicensingPROFESSIONAL SERVICE AGREEMENT
FOR ANIMAL CONTROL SERVICES AND DOG LICENSING
BETWEEN THE CITY OF MERIDIAN AND THE IDAHO HUMANE SOCIETY
This agreement is made and entered into this 24th day of September, 2013, by and between the City
of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and
the Idaho Humane Society, Inc., a nonprofit corporation organized under the laws of the State of Idaho
(hereinafter "IHS").
WHEREAS, City desires to provide animal control services in Meridian to protect the community's
health and welfare and to assure that the animals are maintained consistent with the provisions of City Code;
and,
WHEREAS, City recognizes IHS as having the necessary qualifications and capabilities to provide a
full range of animal control services to the Meridian community;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein
contained, and in consideration of the recitals above, which are incorporated herein, City and IHS agree as
follows:
I. Term. This agreement shall cover the period beginning the 1st day of October, 2013, and ending the 30th
day of September, 2014.
II. Scope of services.
A. Appointment of Animal Control Officers. City hereby appoints IHS and its employees to be the
City's Animal Control Officers and in such capacity to work with the Meridian Police Department to
enforce all animal regulatory ordinances of the City Code. Specifically, without limitation, IHS's
duties shall include the following:
Enforcement. IHS shall be the agent of the City in enforcing Title 6, Chapter 2, Meridian City
Code and shall be responsible for selecting and training qualified officers and employees to carry
out these services. IHS will coordinate animal control services with City officials regarding
licensing and citations as appropriate.
2. Animal control services. Providing animal control services within City limits, including
investigating complaints, responding to calls for service, patrolling (as time and personnel
permits), issuing citations to suspected violators and following through in court as appropriate,
apprehending and impounding shay animals and other animals, picking up dead or injured
animals within the public right-of--way and the City limits and other services as appropriate.
3. Records. Holding, preparing records regarding, and providing disposition of impounded
animals, consistent with City Code requirements and IHS goals.
PROFESSIONAL SERVICES AGREEML'-N'I' FOR ANIMAL CONTROL - Cl'1'Y OF MERIDIAN AND IHS PAGE 1 OF 6
4. Promotion of responsible animal ownership. Providing other services designed to support the
goal of responsible animal ownership in Meridian including, but not limited to public
information, acting as the City's expert consultant regarding legislation and other matters
regarding animal control in the community.
B. Designation of City Animal Shelter. City hereby designates the IHS Main Shelter; located at 4775
Dorman Street, Boise, Idaho, to be the City Animal Shelter. Such Shelter shall provide adequate
physical accommodations, materials, and staffing to provide basic housing, feeding, watering,
vaccination, and supervision of animals impounded therein.
C. Dog licensing designee. City shall provide dog license tags to IHS for issuance by IHS as City's
licensing designee. City hereby authorizes and empowers IHS to issue dog licenses on behalf of City
in accordance with all applicable provisions of Meridian City Code and the following provisions:
Official log. IHS shall keep an official, monthly, written log of all dog licenses issued by IHS on
the form provided by City entitled "MONTHLY LOG -DOG LICENSES ISSUED BY IHS:
[MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for
any reason whatsoever, IHS must keep a written record including: the serial numbers of the dog
license tags provided by City for issuance by IHS and shall also contain the following information
as to each dog license issued by IHS:
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 dog owner's compliance with all provisions of
Meridian City Code section 6-2-3; and
h. Verification of eligibility of dog owner to pay license fee sought to be paid.
2. Monthly submission to City Clerlc. During the term of this Agreement, no later than the
fifteenth (15th) day of the month following the month for which the fees were collected and the
monthly log completed, IHS shall submit to the Meridian City Clerk:
a. All dog license fees collected by IHS on City's behalf; and
b. A true and conect copy of the IHS's monthly log, completed in full.
Annual submission to City Clerk: No later than January 15 of each year, IHS shall submit to the
Meridian City Clerk:
a. All dog license tags provided by City to IHS but unissued by IHS in the previous year; and
b. An annual report for the previous year, by completing in full the form provided by City
entitled "ANNUAL REPORT -DOG LICENSES ISSUED BY IHS."
4. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review
and accounting of IHS's issuance of dog licenses, the Meridian City Clerk notifies IHS of a
discrepancy in fees collected and data reported by IHS in the log or quantity of unissued tags, IHS
PROFESSIONAL SERVICES AGREEMENT' FOR ANIMAL CONTROL- CITY OF MERIDIAN AND IHS PAGE 2 OF 6
shall remit to City funds in the amount of such. discrepancy, regardless of the cause of loss,
whether theft, misplacement, mistake, or mismanagement of fees, tags, and/or data.
D. Vehicles and equipment. IHS will provide and maintain all vehicles and equipment, and insurance
coverage therefor, required by IHS to perform its duties under this Agreement. Two (2) animal control
vehicles currently owned by City will be transferred to IHS via resolution dated September 24, 2013. It
is mutually agreed by both parties thatin consideration of this vehicle hansfer, $18,000 will be
deducted annually from the. total annual amount due IHS for services rendered under this Agreement
for three (3) years.
E. Public Education. IHS will foster sound, humane practices by animal owners in support of the
purposes of this contract through good public relations techniques consistent with the provisions of
this Agreement.
F. Annual Recommendations. IHS will provide the City with recommendations for needed changes in
City Animal Control Policy, including fees, licenses, and ordinances.
III. Compensation and Payment.
A. Payment to IHS. City agrees to pay IHS for animal control services provided within Meridian City
limits during the period of this contract an annual amount not to exceed $339,615.00. This amount
represents the cost of provision of services under this Agreement ($357,615.00), less $18,000 in
consideration of City's donation of two (2) animal control vehicles to IHS on September 24, 2013.
Such amounts shall be payable in twelve equal installments. City shall pay IHS within thirty (30)
days of receipt of invoice for services rendered in the previous month. City shall not withhold any
federal or state income taxes or Social Security tax from any payment made by City to IHS under the
terms and conditions of this Agreement; payment of all taxes and other assessments on such sums
shall be the sole responsibility of IHS.
B. Fees due to City. IHS shall collect, and shall remit to City, all redemption fees paid for animals
seized in Meridian City limits, as such fees are set by fee schedule. IHS shall also collect, and shall
remit to City, ninety percent (90%) of each dog license fee collected on City's behalf.
C. Fees due to IHS. IHS shall collect and keep an administrative fee often percent (10%) of the
amount of each dog license fee collected on City's behalf. IHS shall keep a record of dog license
fees collected and administrative fees retained and shall report same to City in its annual report. IHS
shall also collect and keep the following fees, as such fees are set by IHS: surrender fees, adoption
fees, boarding fees, vaccination fees, and any medical fees incurred during impound.
IV. General provisions.
A. Compliance with Laws. IHS shall undertake a continuing program of monitoring to ensure
compliance with all applicable federal, state, and City laws, regulations, ordinances, as well as
directives of the designated City liaison to ensure safe and efficient operations and to safeguard funds
made available to IHS by the City.
PROFESSIONAL SERVICES AGREEMENT FOR ANIMAI. CONTROL- CITY OF MERIDIAN AND IHS PAGE 3 OF 6
B. Indemnification. IHS shall indemnify and save and hold harmless City from and for any losses,
claims, actions, judgment for damages, or injury to persons or property and losses and expenses
caused or incurred by IHS, its servants, agents, employees, guests, and business invitees, in the
performance of this Agreement, and not caused by or arising out of the tortuous conduct of City or its
employees. In addition, IHS shall maintain, and specifically agrees that it will maintain throughout the
term of this Agreement, liability insurance in which City shall be a named insured in the minimum
amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code.
The limits of insurance shall not be deemed a limitation of the covenants to indemnify and sane and
hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein
provided, IHS covenants and agrees to indemnify and save and hold harmless City from and for all
such losses, claims, actions, or judgments for damages or liability to persons or property. IHS shall
provide City with a Certificate of Insurance or other proof of insurance evidencing IHS's compliance
with the requirements of this paragraph and file such proof of insurance with the City Clerk. IHS shall
provide proof of insurance for workers compensation in the statutory limits as requested by the State
of Idaho. In the event the insurance minimums of the Idaho Tort Claims Act are changed, IHS shall
immediately submit proof of compliance with the changed limits.
C. Independent Contractor. The parties hereto agree and understand that neither IHS, nor any person
performing the requirements of this contract on behalf of IHS, are employees of City. In all
matters pertaining to this agreement, IHS shall be acting as an independent contractor, and neither
IHS nor any officer, employee or agent of IHS is or will 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.
D. Accounting and Documentation. At such times and in such forms as City may require, IHS shall
furnish to City such statements, records, reports, data, statistics, and information as City may request
pertaining to matters covered by this Agreement. At any time during business hours and as often as
City may deem necessary, there shall be made available to City for examination all of IHS's records
with respect to all matters covered by this Agreement. IHS will account for Animal Control
Services separately from other functions or political subdivisions and will assure all documents
(invoices, vouchers, payrolls, etc.) identify Animal Control costs. IHS will make all accounting
information and supporting documents available to the City representative upon request.
E. Changes in Conditions. IHS will inform the City in a timely manner of any changes in conditions
which may significantly affect City Animal Control Services provided by IHS or associated costs.
F. Assignment. IHS shall not assign, transfer or sublet any of its obligations or any monies due to or
provided for under this Agreement without first obtaining written consent of the City.
G. Amendment. This contract may be amended at any time by mutual agreement of the parties. Before
any amendment is valid, it must first be reduced to writing and signed by both parties.
H. Termination. If, through any cause, IHS, its officers, employees, or agents fail 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 any record or document required to be prepared under this
PROI'ESSIONAL SERVICES AGREEMENT FOR ANIMAL CONTROL-CITY OF MERIDIAN AND IHS PAGE 4 OF 6
agreement, engages in 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, City shall have the right to terminate this Agreement by giving IHS at least thirty
(30) calendar days written notice. IHS may terminate this agreement at any time by giving at least
one hundred eighty (180) calendar days written notice to City.
L Severability. Should any term, provision, or paragraph of the contract be held in a com4 of law to
be invalid, it is recognized by the parties herein that said terms, provisions. or paragraph so held
invalid may be stricken and the remainder continues in effect.
J. Compliance with Laws. 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. In
performing the scope of services required hereunder, IHS shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
K. Discrimination Prohibited. In performing the Services set forth herein, IHS shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancesU•y, age or
disability.
L. Changes. 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. Proposed changes to any portion of this Agreement shall be submitted in
writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the
proposed change. Changes which are mutually agreed upon by and between City and IHS shall be
incorporated into this Agreement by written amendment signed by both parties.
M. Nonappropriation. Notwithstanding any other provision of this Agreement, City shall not be
obligated by any provision of this Agreement during any future fiscal year unless and until the
Meridian City Council appropriates adequate funds for this Agreement in the City's budget for each
such future fiscal year. In the event that funds axe not appropriated for this Agreement, then this
Agreement shall terminate as of September 30 of the last fiscal year for which funds were
appropriated. City shall notify IHS of any such non-allocation of funds at the earliest practicable date.
N. Notice. Any and all notices required to be given by either of the parties hereto shall be in writing and
be deemed communicated when mailed in the United States mail, addressed as follows:
CITY: City Clerk IHS: Chief Executive Officer
33 E. Broadway Avenue 4775 Dorman Street
Meridian, Idaho 83642 Boise, Idaho 83705
Either party may change its address for the purpose of this paragraph by giving written notice of such
change to the other in the manner herein provided.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
PROFESSIONAL SERVICES AGREEMENT FOR ANIMAL CONTROL- CITY OP MERIDIAN AND IHS PAGE 5 OF 6
CITY OF MERIDIAN:
Tammy deerd, Mayor
IDAH~HUMANE SOCIETY, INC.:
Jeff sen 1, VM
Chief Executive Officer
Attest:
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Jaycee olman, City Clerk
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PROFESSIONAL SERVICES AGREEMENT FOR ANIMAL CONTROL -CITY OF MERIDIAN AND IHS PAGE 6 OF 6