Loading...
HomeMy WebLinkAbout10-045 - McKenney Nancy - Animal Control Services ProposalH:\Animal Control \NancyContract.doc 4/6/2010 Contract No.10 045 CONTRACT FOR SERVICES Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Nancy McKenney, hereinafter referred to as "the Contractor whose principal office is located at 3412 NE 21 St, Renton, WA 98056. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $5,000 at a rate of $150 per hour plus expenses. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing April 5, 2010 and ending April 30, 2010 unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Record Keeping and Reporting. Page 1 of 2 A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Insnections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 13. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. Applicable Law; Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of 20 1t CITY OF TUKW A By: Titl m Hagg Mayor AT'1'EST ,AUTHENTICATE Christ 1'F e y, CMC, City Clerk APPROVED AS TO FORM: Office of t City Attorney By:_— H:\Annitnal Cq�c}�rf nc onract.doc 4/6/26119 CONTRACTOR (C�.4I U 16 at 11 C/Lab By: K.Cl.V \LO t Title: (r S Lt L ur\ Cm Printed Name: Address: -7- A\2- LIE, 2A 1201, cincY Date approved by City Council: !b 1 N (Applicable if contract amount is over $40,000) Page 2 of 2 Exhibit A Scope of Work Animal Services proposal for the City of Tukwila (Revised 4/5/2010) I. Problem /Need In order to make the most informed decisions regarding the future of animal care and control services, Tukwila needs to enlist the assistance of subject matter experts to review options and potential related costs for providing a new animal care and control service model after July 1, 2010. The most urgent project is to review and present options, including a range of costs for animal control enforcement (field), pet licensing and animal sheltering. The options are to include a sub regional approach as well as the options for each individual jurisdiction. Due to the short timeline, this first phase of the project will be limited on how much detail or specifics we can provide for each option. Whenever possible, the final report will include references or examples of national standards or best practices as recommended by nationally recognized animal care and control organizations (such as but not limited to NACA, American Humane Association and the Humane Society of the United States). This proposal will define what the consultant team can provide, estimated timelines and proposed fees to accomplish the scope of work. The proposed objective will be to provide the City with enough information to frame the animal care and control discussion with policy makers in April regarding which direction (or directions) to take. 11. Anticipated Scope of Work and Approach 1. Review and collect any pertinent information already obtained regarding possible options and costs for establishing a new animal sheltering, enforcement and pet licensing service. 2. Identify and gather necessary information for review before mid -April deadline. 3. Prepare for the Cities of Kent, Burien, Tukwila and SeaTac one report that outlines three options for providing a sub regional animal care and control program, based on the estimated $460,000 combined budget. Options will include the type and level of animal care and control services can be provided as a sub regional /multi -city approach. The same report will be provided to all four cities at the same time. 4. Also address the possible range of services, from those mandated by state law to a more comprehensive level of services (i.e., the current level provided through the Enhanced Services contract) that could be provided solely by and for the City of SeaTac and Tukwila, including what may be able to be phased in, depending on financial support and policy direction. A summary of the possible risks and rewards for the different options will be included. 5. If needed, consultants can assist with preparation for or be present at any council briefings in April or early May. 6. If needed, consultants will attend the weekly sub committee meetings if any are scheduled in April. Following the April City council briefings, all parties may assess what additional work might be needed based upon the policy directives of each individual city. This could include, but not limited to, providing more level of detail regarding budgets and operations for a new animal care and control program (staffing, policies, etc.), site visits and evaluation of possible animal sheltering locations, veterinary care, assisting with animal control officer recruiting and hiring process and communication plans. Additional expectations Consultant team will provide weekly updates on project in person, by phone or email. Cities will provide related data or information as requested and in a timely manner. III. Background of the team Nancy B. McKennev, MNPL, CAWA Nancy is approaching her 27th year working in the field of animal welfare. She has worked several positions in a shelter setting including the Public Relations Coordinator, Humane Educator, Volunteer Coordinator, shelter tour guide, fundraiser and event planner. For 19 years she was the Executive Director /CEO for The Humane Society for Seattle /King County and then became the first executive director for the Petfinder.com Foundation. She most recently was the Communications Specialist (2008 -2009) and Interim Manager for King County Animal Care and Control. Nancy serves on the American Humane Association's Animal Protection Advisory Committee, the PIMA Medical Institute's Institutional Animal Care and Use Committee and the New Pet Parent Guide Advisory Board. She has a BA in History from Brown University and a Masters in Not for Profit Leadership from Seattle University. Kurt Meacham Mr. Meacham's professional experience spans several disciplines within the public sector. He has worked in both the legislative and executive branches of local government, affording him unique perspectives on complex policy issues. He is experienced at animal shelter operational master planning, capital facility planning, community outreach, and public /private partnership development. Kurt currently serves on the PIMA Medical Institute's Veterinary Technician Advisory Committee. He has a background in dog training and holds a BA in Global Studies from the University of Washington. Exhibit B Compensation and Method of Payment IV. Budget for First Phase (April) Review /research of materials estimated total hours 20 Planning, drafting and editing of the sub regional service delivery options estimated total hours 30 Portion for each city 12.5 hours Planning, drafting and editing of the options for SeaTac Tukwila only estimated hours 20 Portion for Tukwila 10 hours Meetings (by phone or in person) estimated hours 8 Misc. expenses* To be determined *Expenses would include mileage, phone calls or any administrative costs associated with materials that could not be provided by the City Rate is a total of $150 per hour plus expenses This phase is not to exceed 33 hours OR $5,000 for the City of Tukwila before 4/30/10. V. Time frame Can begin April 1 or as soon as terms are approved. Will provide progress reports weekly up until the end of the contract (will be in person, by email or phone) VI. Changes Any additions to the scope of work or extension of contract will need to be negotiated separately.