10-073 - King County - 2010-2012 Animal Control Services

Browse Search

Document Dated 5 -28 -10 For the County: Caroline Whalen, Director King County Dept. of Executive Services 401 Fifth Avenue, Suite 610 Seattle WA. 98104 i. Assignment. No Party may sell, transfer or assign any of its rights or benefits under this Agreement without the approval of the other Party. j. Venue. The Venue for any action related to this Agreement shall be in Superior Court in and for King County, Washington. k. Records. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection and review by the County or City for such period as is required by state law (Records Retention Act, Ch. 40.14 RCW) but in any event for not less than 1 year following the expiration or termination of this Agreement. 1. No Third Party Beneficiaries. This Agreement is for the benefit of the Parties only, and no third party shall have any rights hereunder. m. Counterparts. This Agreement and any amendments thereto, shall be executed on behalf of each Party by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance. The Agreement may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. 15. Terms to Implement Agreement. Because it is unknown how many parties will ultimately approve the Agreement, and participation of each Contracting Party impacts the costs of all other Contracting Parties, the Agreement will go into effect for the full proposed two and a half year term only if certain Minimum Contracting Requirements are met or waived as described in this section; provided further, that if such conditions are not met, then the Agreement will go into effect for a six month term per subparagraph (c) or a 60 -day emergency period as provided for below under subparagraph (d). The Minimum Contracting Requirements include: a. For both the City and the County: i. 2010 Payment Test: The Final Estimated 2010 Payment, calculated including the County and all Cities that have executed the Agreement prior to July 1, 2010 (regardless of whether such Contracting Parties have opted for a 6 month or 2.5 year initial term), does not exceed the Preliminary Estimated 2010 Payment as set forth in Exhibit C by more than five percent (5 or $3,500, whichever is greater. Either Party may waive its failure to meet this test in order to allow the Agreement to go into effect for the 6 month term. 12