HomeMy WebLinkAboutRes1998-088
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Sponsored by: Janke
CITY OF SEWARD, ALASKA
RESOLUTION NO. 98-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, EXTENDING A CONTRACT WITH DEE JOHNSON, D.B.A.
KRITTER KEEPERS, FOR ANIMAL CONTROL SERVICES
WHEREAS, the contract for Animal Control Services between the City of Seward and
Dee Johnson, D.B.A. Kritter Keepers, expired on July 1, 1998; and
WHEREAS, Ms. Johnson requested that the City of Seward renew her contract for FY-
99, with the same terms as the contract for FY-98, as amended; and
WHEREAS, although an excellent service is being provided by the Contractor, the City
Council desires that the Administration solicit requests for proposals for animal control services;
WHEREAS, the current cost of the contract is $48,375; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The attached contract extending the current animal control services between
the City of Seward and Dee Johnson, D.B.A. Kritter Keepers, for a period ending September 29,
1999, is hereby approved.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
13th day ofJuly, 1998.
THE CITY OF SEWARD, ALASKA
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Lowell R. Satin, Mayor
CITY OF SEWARD, ALASKA
RESOLUTION NO. 98-088
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AYES:
NOES:
ABSENT:
ABSTAIN:
Blatchford, Callahan, Clark, Gage, King, Orr, Satin
None
None
None
ATTEST:
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Patrick Reilly /
City Clerk /
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CITY OF SEWARD, ALASKA
CONTRACT FOR ANIMAL CONTROL SERVICES
In consideration of the mutual promises herein, the CITY OF SEWARD, an Alaska
municipal corporation (the "City"), and DEE JOHNSON, d.b.a. "Kritter Keepers", enter into
the following contract as of the 8th day of September, 1997.
This contract consists of:
A. Part I, consisting of 13 sections of Special Provisions; and
B. Part II, consisting of 10 sections of General Provisions.
PART I
SPECIAL PROVISIONS
Section 1 - Definitions:
In this contract:
A. "Administrator" means the Chief of Police of the City or an authorized
designee.
B. "City" means the City of Seward, Alaska.
C. "Contractor" means Dee Johnson, d.b.a. Kritter Keepers.
D. "Department" means the City Police Department
Section 2 - Scope of Services.
A. The Contractor shall perform the services described in this section, and shall
furnish all labor, materials, equipment and supplies required to provide such services,
except for the items to be provided by the City under Section 5.C ofthe Special Provisions.
B. The Contractor shall provide all animal control services for the City in
accordance with the Contractor's proposal dated August 7, 1997 which is attached hereto
as Exhibit A, and incorporated herein by reference. The services to be provided by the
Contractor shall include without limitation the following:
1.
Patrol the City and apprehend stray animals running at large, on
public or private property.
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2.
Be available 24 hours a day to respond to emergency calls related to
animals.
3.
Issue citations to persons violating the City's animal control
ordinances, and respond to and handle complaints concerning
animals.
4. Provide City dog license application forms, and issue City dog
licenses.
5. Maintain a clean environment in the animal shelter, and provide food
and water for impounded animals.
6. Keep the City animal shelter staffed and open to the public during the
hours of 9:00 a.m. to 2:00 p.m. Monday through Friday, and at least
two hours a day on weekends
7. Euthanize animals, using approved schedule 11 drugs or other
humane measures; properly dispose of deceased animals.
8. Supervise any volunteers or employees who may work in or about the
animal shelter.
C.
The following Contractor services shall have the highest priority:
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1. Proper care, feeding, maintenance and disposal of animals at the
animal shelter.
2. Responding to complaints concerning animals, and investigating and
following up on the complaints.
3. Patrolling the City on a random schedule, looking for violations of the
City's animal control ordinances.
D. The Contractor shall collect fees for dog licenses, and impoundment and
feeding fees for animals at the animal shelter in accordance with Chapter 9.05 of the City
code. The Contractor shall establish a separate bank account for the deposit of fees
collected under this contract, and shall deposit any fees collected at least daily, except for
weekends and holidays. The Contractor shall issue serially numbered receipts for all fees
that she collects. The Contractor shall remit to the City all fees collected during a month
with her report to the City for that month under Section 6 of the Special Provisions.
E.
No claim for services in addition to those specifically described in this section
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shall be allowed by the City or the Administrator. The Contractor may, however, at her own
expense provide such other services as are appropriate and not inconsistent with this
contract.
Section 3 - Contract administrator.
The Administrator shall:
A. Receive all information and notices that the Contractor IS required to
communicate to the City under this contract.
B. Administer this contract.
C. Secure the cooperation of City personnel necessary to assist the Contractor's
performance hereunder.
Section 4 - Term. Time for Performance.
A. This contract becomes effective on September 8, 1997, and shall remain in
effect until June 30, 1998. This contract may be extended for an additional one-year
period ending June 30, 1999, by mutual agreement of the parties. All terms and conditions
of this contract shall remain in effect during the one-year extension period.
B. The Contractor shall continue providing such services for the term of this
contract under A of this section, or until such services are sooner terminated under Section
7 of the Special Provisions.
C. Completion of the term of the Contractor's performance shall not affect the
parties' other obligations under this contract and all other provisions of this contract shall
continue in full force and effect.
Section 5 - Compensation. ~ ,\\\0\'\1.
A. Upon condition of satisfactory performance in all respects by the Contractor
and subject to the remainder of this section, the City shall pay the Contractor a total sum
not to exceed $48,375.00 for services rendered in accordance with this contract. For the
purposes of compensation this contract covers services rendered between July 1, 1997
and June 30, 1998. Compensation shall be paid to the Contractor in twelve monthly
installments. Installments shall be due on the later of (I) the tenth day of the month, and
(ii) the date the Contractor submits her monthly report to the City under Section 6 of the
Special Conditions.
B. In addition to the compensation under A and B of this section, the City will
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provide the following to the Contractor: (I) the existing City animal shelter building; (ii)
fixtures, equipment and supplies on hand at the City animal shelter at the commencement
of the contract term; (iii) all utilities for the City animal shelter except telephone; and (iv)
property insurance for the City animal shelter.
C. The Contractor shall be entitled to no compensation under this contract beyond
the scope of the City's express obligations under this section.
Section 6 - Contractor Reports.
For every month during the contract term, the Contractor shall submit a written report of
her activities to the Administrator on, or before the tenth day of the following month. The
report shall include the following: (I) citations written; (ii) animals in the animal shelter; (iii)
adoptions of animals; (iv) animals euthanized; (v) impounded animals; (vi) dog licenses
issued; and (vii) fees collected.
Section 7 - Termination of Contractor's Services.
The Contractor's services under this contract may be terminated:
A. By mutual consent of the parties.
B. For the convenience of the City, provided that the City notifies the Contractor
in writing of its intent to terminate under this paragraph at least 1 0 days prior to the
effective date of the termination.
C. For cause, by either party where the other party fails in any material way to
perform its obligations under this contract; provided, however, that as a condition of the
exercise of its right oftermination under this paragraph the terminating party shall notify the
other party of its intent to terminate this contract and state with reasonable specificity the
grounds therefor, and the defaulting party shall have failed within 30 days of receiving the
notice to cure the default.
D. Termination under this section shall not affect the parties' continuing
obligations under this contract and all other portions of this contract shall continue to be
in full force and effect.
Section 8 - Duties Upon Termination.
A. If The City terminates the Contractor's services for convenience, The City shall
pay the Contractor her fees for work performed and for her actual costs reasonably
incurred in performing before the termination. Payment under this subsection shall not
exceed the total compensation allowable under Section 5 of the Special Conditions. All
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finished and unfinished documents and materials prepared by the Contractor under this
contract shall become the property of The City.
B. If the Contractor's services are terminated for cause, The City shall pay the
Contractor its fees for work performed and for its actual costs reasonably incurred in
connection with services satisfactorily rendered prior to termination less any damages
suffered by The City because of the Contractor's failure to perform satisfactorily. Any
finished or unfinished documents or materials prepared by the Contractor under this
contract shall become the property of The City at its option.
C. If the Contractor receives payments exceeding the amount to which she is
entitled under subsection A or B of this section she shall remit the excess to the City within
30 days of receiving written notice to do so.
D. The Contractor shall not be entitled to compensation under this section until
the Contractor has delivered to the Administrator all documents, records, work product,
materials and equipment owned by the City, related to this contract and requested by the
Administrator.
E. If the Contractor's services are terminated, for whatever reason, the
Contractor may not claim any compensation under this contract, other than that allowed
under this section.
F. The City shall not be obligated to pay any claim by the Contractor for services
provided or costs incurred after the effective date of termination under this section.
Section 9 -City's Right to Enter Shelter.
Notwithstanding any other provision of this contract, and without the City assuming any
obligation to do so, the City may enter and take possession of the City animal shelter and
correct any hazardous or unsanitary conditions therein if the City reasonably believes that
such action is necessary for the health and safety of animals in the City animal shelter.
Unless the City elects otherwise in writing, such entry and retaking of possession shall
continue only as long as necessary to correct the hazardous or unsanitary conditions, and
shall not terminate this contract or relieve the Contractor of any obligation hereunder.
Section 10 - Insurance
During the contract term, the Contractor shall procure and maintain at its expense
the insurance described in this section subject to the terms and conditions set forth in this
section.
A. The Contractor shall procure and maintain the following insurance under this
contract:
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1. Automobile insurance, with limits of liability of $1,000,000 for all
injuries, deaths or property damage resulting to anyone person and $1,000,000
limit from anyone occurrence.
2. Workers Compensation and Employer's Liability Insurance as required
by Alaska law.
B. All insurance policies shall provide for 30 days' notice to the City of
cancellation and/or material change in policy terms. All such policies shall be written by
insurance companies legally authorized or licensed to do business in the State of Alaska,
and acceptable to the City. The Contractor shall furnish to the City, certificates evidencing
that it has procured the insurance required herein prior to the commencement of the
contract term.
C. All of the insurance policies required above shall provide that the insurers
waive their rights of subrogation against the City and its officers, agents and employees.
The Contractor further agrees to waive and agrees to have its insurers waive any rights of
subrogation (whether by loan receipts, equitable assignment or otherwise), with respect
to deductibles under such policies and with respect to damage to equipment including the
loss of use thereof, whether insured or not. The City also shall be named as an additional
insured on any general liability insurance policy maintained by the Contractor as required
above, excluding coverage for claims resulting from the City's sole negligence. The
Contractor shall promptly and without request by the City supply the City with copies of all
insurance binders and policies.
Section 11 - Assionment.
Unless otherwise allowed in writing by the Administrator, any assignment by the
Contractor of its interest in any part of this contract or any delegation of duties under this
contract shall be void, and any attempt by the Contractor to assign any part of its interest
or delegate duties under this contract shall give the City the right immediately to terminate
this contract.
Section 12 - Ownership. Publication. Production and Use of Materials,
A. Except as otherwise provided herein, all data, documents and materials
produced by the Contractor under this contract shall be the property ofthe City, which shall
retain the exclusive right to publish, disclose, distribute and otherwise use, in whole or in
part, any such data, documents or other materials.
B. Equipment and supplies purchased by the Contractor with contractfunds shall
be the sole property of the City.
Section 13 - Notices.
Any notice pertaining to the subject matter of this contract shall be either personally
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delivered or mailed by prepaid first class registered or certified mail, return receipt
requested, to the following addresses:
The City:
Chief of Police
City of Seward
P.O. Box 167
Seward, Alaska 99664
The Contractor:
Dee Johnson
P.O. Box 255
Seward, Alaska 99664
PART II
GENERAL CONTRACT PROVISIONS
Section 1 - Relationship of Parties.
The Contractor shall perform its obligations hereunder as an independent contractor of the
City. Neither the Contractor nor any employee of the Contractor shall represent herself -to
be an employee of the City.
I Section 2 - Inspection of Facilities, Inspection and Retention of Records.
A. The City may, at any time during the Contractor's hours of operation, inspect
the City animal shelter and any vehicles and equipment that the Contractor uses to perform
services under this contract. Such inspections are solely for the benefit of the City, and not
for the benefit of the Contractor or any third person. The exercise by the City of its rights
under this paragraph shall not imply, any obligation to do so nor any obligation to do so in
any particular way.
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B. The Contractor shall, at any time during normal business hours and as often
as the City may deem necessary, make available to the City for examination all of its
records with respect to all matters covered by this contract for a period ending three years
after the date the Contractor is to complete performance in accordance with Section 2 of
the Special Provisions. Upon request, and within a reasonable time, the Contractor shall
submit such other information and reports relating to her activities uflder this contract to the
City in such form and at such times as the City may reasonably require. The Contractor
shall permit the City to audit, examine and make excerpts or transcripts from such records,
and to make audits of all invoices, materials, payrolls, records of personnel and other data
relating to all matters covered by this contract. the City may, at its option, permit the
Contractor to submit its records to the City in lieu of the retention requirements of this
section.
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Section 3 - Availabilitv of Funds.
This contract is subject to the availability of funds lawfully appropriated for its
performance.
Section 4 - Nondiscrimination.
The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, national origin, ancestry, age, sex, or marital status or
mental or physical disability.
Section 5 - Permits. Laws and Taxes.
The Contractor shall acquire and maintain in good standing all permits, licenses and other
entitlements necessary to its performance under this contract. All actions taken by
Contractor under this contract shall comply with all applicable statutes, ordinances, rules
and regulations. The Contractor shall pay all taxes pertaining to its performance under this
contract.
Section 6 - Non-waiver.
The failure of either party at any time to enforce a provision of this contract shall in no way
constitute a waiver of the provision, nor in any way affect the validity of this contract or any
part hereof, or the right of such party thereafter to enforce each and every provision hereof.
Section 7 - Amendment.
This contract shall only be amended, modified or changed by a writing, executed by
authorized representatives of the parties, and such writing shall be attached to this contract
as an appendix.
Section 8 - No Riqhts Conferred on Others. Nothing contained herein shall confer any right
upon any person other than the parties hereto.
Section 9 - Severability. If a court of competent jurisdiction finds any provision of this
contract to be invalid or unenforceable as to any person or circumstance, such finding shall
not render that provision invalid or unenforceable as to any other persons or
circumstances. If feasible, any such offending provision shall be deemed to be modified
to be within the limits of enforceability or validity; however, if the offending provision cannot
be so modified, it shall be stricken and all other provisions of this contract in all other
respects shall remain valid and enforceable.
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Section 10 - Integration.
This instrument and all appendices and amendments hereto embody the entire agreement
of the parties. There are no promises, terms, conditions or obligations other than those
contained herein; and this contract shall supersede all previous communications,
representations or agreements, either oral or written, between the parties hereto.
IN WITNESS WHEREOF, the parties have executed this contract as ofthe date first written
above.
CONTRACTOR
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Dee Jo nson
IRS Tax 1.0. No.
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ATTEST:
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Patrick Rffey ~ e0y-
City Clerk
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