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HomeMy WebLinkAboutDog Licensing Designee Agreement with Intermountain Pet Hospital for City Dog LicensingC~i~E IDIAN~-- t~AH DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this ~_ day of Nom, 20~, 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 ~n kn.+[.unh~i~ ~cf Ho~Drl~ ,hereinafter referred ko as "LICENSING DESIGNEE," whose business address is 8bb, /~t. ~i,,•eret~~l Rc% 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: 1) encourage and facilitate the licensing of all dogs within ttie City of .Meridian; and 2) implementthe provisions of Meridian City Code section 6-23(H). B. Time of Performance: This agreement shall be-effective from January 1, 2014 to December 31, 2014. C. Designation ofauthority: 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 DESIGN););: 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, buYnot 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 o 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, br guide dog; and/or whether rep]acement license tag will indeed replace va]idlyissued, lost tag. c. Collection of appropriate license fee. DOG LICENSINGDESIGNEE AGREEMENT ~ PAGE t OF.6 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG -DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; e. 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. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE 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 keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its anttual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City 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 monthly log, completed in frill. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. DGG LICENSING DESIGNEE AGREE&fENT ~ PAGE 2 OF 6 5. Annual submission to City Clerk: No later than January I5, 2014, 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: lf, 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, regazdless of LICENSING DESIGNEE'S assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, andlor data. E. Responsibilities of CTTY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE uenury dog license tags with the following serial numbers: which dog license tags are to be issued by LICENSING 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 City 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 designee's log. Itt 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 dog license tags, and LICENSING DESIGNEE'S annual report, 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 designee's logs. In the event of a discrepancy between the logs, 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. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE 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. 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. Broadway Avenue, Meridian, Idaho 83642, or to LICENSING DESIGNEE as follows: icensmg Desigree Name and A dress Either party may change its address for the purpose of this pazagraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction, This provision shall be deemed to be a sepazate contract between the parties and 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 any 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. Reports and Information: At such times and in such forms as the CITY may require, there 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. O. Changes: 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 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 any record or document required to be prepazed under this 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, 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) calendaz 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 accounting(s) 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 ' erabili : If an art of this Agreement is held to be invalid or Q. Construction and sev ty y p , , ' ' 1 not affect the validi or enforceability of any other part of unenforceable, such holding vv~l tY ' as the remainder of the Agreement is reasonably capable of this Agreement so long completion. ' • This A reement contains the entire agreement of the parties and R. Enure agreement. g ther a eements or understandings, oral or written, whether previous supersedes any and all o gr to the execution hereof or contemporaneous herewith. ' : This A reement shall be governed by and construed and enforced in S. Applicable law g ' ws of the. State of .Idaho?-and the or~inanc~ ~~~~e--~f Meridian. accordance with the la ' • This A reement shall not become effective or binding until approved T. Approval required. g by CITY. LICENSING DESIGNEE: 1 ~~ ~ t ~, , Signature • ~~ ~~., ~~~~ ~ ~~~e ~ ~ ~~ BY. ~ ~ ~ ~ Print ame L DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 6 OF 6 CITY OF MERIDIAN: