Dog Licensing Designee Agreement with Settlers Park Vet for Issuance of City Dog Licenses~.i1~1 E IDIAN~---
~DAHQ
DOG LICENSING DESIGNEE AGREEMENT
This DOG LICENSING DESIGNEE AGREEMENT is made this ._~~ day of
~~2012, by and between the City of Meridian, a municipal corporation orgamzed under
the laws of the State of Idaho, emafter referre to as "CITY," 33 East Broadway Avenue,
Meridian, Idaho 83642, and ~~ ~ ~(~~ ~~ ,`\hereinafter eferred o
as "LICENSING DESIGNEE," whose~iusmess address is . ~ ~(1 ~S M2Y'i~~Ci~'~ ~(
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(H).
B. Time of Performance: This agreement shall be effective from January 1, 2013 to December
31, 2013.
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. OfTcial 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;
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.
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 annual
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
full.
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.
DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 2 OF 6
5. Annual submission to City Clerk: No later than January 15, 2013, 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 dog license tags: CITY shall provide to LICENSING DESIGNEE ~~
Quantity
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. 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 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
LICEI~NG ~~SIGNEF~as follows: _, _ _ „ , „n _ ~ (~ ~ n 0
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 maybe
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,
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 famished 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 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 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 S 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:
d
Signature n l n
BY: 1,7r~~1 ge~4-It ~_,co
Print Name
CITY OF MERIDIAN:
DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 6 OF 6
BY: /~l~tyGs
TAMMY d ERD, MAYOR
~~-'