Pet Care Clinic - Dog License Agreement i
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DOG LICENSING DESIGNEE AGREEMENT
This DOG LICENSING DESIGNEE AGREEMENT is made this 17th day of
March , 2020_, 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 Idaho
Avenue, Meridian, Idaho 83642, and Pet Care Clinic, hereinafter referred to as "Licensing
Designee,"whose business address is 1151 E. Fairview Avenue, Meridian, Idaho 83642,
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 the City of Meridian; and 2)
implement the provisions of Meridian City Code section 6-2-3(D).
B. Time of Performance: This agreement shall be effective from January 1, 2020 to December
31, 2020.
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(A)(2),
including, but not limited to:
a. 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.
b. Collection of appropriate license fee.
2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog
license is issued written information regarding the importance of vaccinating dogs against
rabies.
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3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog
licenses issued by Licensing Designee on the form provided by City, and shall keep such
written log complete and current at all times.
4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an
administrative fee of fifty percent (50%) of the amount of each dog license fee collected
on City's behalf.
5. Monthly submission to City Cleric: At the end of each month during the term of this
Agreement, Licensing Designee shall submit to the Meridian City Cleric:
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 full.
Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth
(1 Oth) day of the month following the month for which the fees were collected and the
monthly log completed.
6. Remission of discrepancy: If, following the Meridian City Clerk's review and
accounting of Licensing Designee's issuance of dog licenses, 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 dog license tags: City shall provide dog license tags to Licensing Designee.
2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or
unissued tags, the Meridian City Cleric shall notify Licensing Designee in writing and
Licensing Designee shall remit to City funds in the amount of the discrepancy.
3. Annual accounting: The Meridian City Cleric shall conduct an annual audit 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 Cleric shall notify Licensing
Designee in writing and Licensing Designee shall remit to City funds in the amount of the
discrepancy.
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F. 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.
G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save
and hold harmless City from and for any and all losses, claims, actions,judgments for
damages, or injury to persons or property and/or losses and expenses caused or incurred by
Licensing Designee, its servants, agents, employees, guests, and business invitees in the
course of implementing the terms of this Agreement, and not caused by or arising out of the
tortious conduct of City or its employees.
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, addressed to City as follows: City Cleric, City of Meridian,
33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows:
Pet Care Clinic, 1151 E. Fairview Avenue, Meridian, Idaho 83642
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.
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 separate 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, sexual
orientation or gender identity, national origin or ancestry, age or disability.
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.
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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 j
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 prepared 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) 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 Cleric 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.
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.
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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:
PET CARE CLINIC
Designee's Signature
BY: �\-DLk � ,�t�VV�
Print Name
CITY OF MERIDIAN
BY:
Robert E. Simison, Mayor
Attest:
Chris Johnson, City Cleric
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