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HomeMy WebLinkAboutRes1998-088 . I . 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 $48,375; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The attached contract extending the current animal control services between the City of Seward and Dee Johnson, D.B.A. Kritter Keepers, for a period ending September 29, 1999, is hereby approved. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day ofJuly, 1998. THE CITY OF SEWARD, ALASKA ~k5;;L;v Lowell R. Satin, Mayor CITY OF SEWARD, ALASKA RESOLUTION NO. 98-088 -~ AYES: NOES: ABSENT: ABSTAIN: Blatchford, Callahan, Clark, Gage, King, Orr, Satin None None None ATTEST: ~'~ ,,< 0" ~'/ ,- / .' &(./t00A / ~/ , Patrick Reilly / City Clerk / ",nnll" (Ci~~ee!f Sr=I1~"'~ ~ ~--l ........, '1~ ..~. .$' G- ....fft-?OFW.~... <> .~ ~ .-.;[..J <-'0-. ~ : ;~ -+- ~ ~ E 0 f SIJ1\L i. E ... . : .. ~~.......... ::;: ~ ~..,vu ..~'l/rt'/' ~ .~ ~ (J. ]"..". .~.'~ 1 '\~ :." ~, 4~. ~ll.ll'.r...:' , .',.;,(,.,~.f""'.." <;~,'\io ,~. "...... .' "'\ -'-' f"l\...~'" ~,.~ ".:,.:c,:~'" ~ ','". ,rl. ,,,,,:,f,....'" '.. .'."~'.";:, ~.: .. I I I c~ ('. 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. Page 1 of 9 I I I ( (: 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: . 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 Page 2 of 9 I I I (- ( 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 Page 3 of 9 . I I r (' 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 Page 4 of 9 . I I (- (- 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: Page 5 of 9 I I I ( ( 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 Page 6 of 9 (-- ( . 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. I 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. Page 7 of 9 . I I (- 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. Page 8 of 9 ( (~ . .. . 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 1VQJ; ~ Dee Jo nson IRS Tax 1.0. No. [ S E ALl 5'J \-1:>" - \ ~ 0 R ATTEST: /~1:tt Patrick Rffey ~ e0y- City Clerk I Page 9 of 9