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CC - Item 6A - 2018 San Gabriel Valley Humane Society Amendment to AgreementTO: Tl IF I-IONORABLI' MANrOR, AND CITY (-'OLJN(,1L k i FROM: GLORIA MOLLEDA, CITY MANAGFIR, DA"1'E: OCTOBER 21, 2,018 SUBJECT: PROPOSED AMENDMENT TO AGREEMENT wITH THE SAN (I WABRIEL VALE.. EV HUMANE SOCIETV FOR ANIMAL SHELTER AND CAIZE SERVICES In June 2015, the City entered into a two-year agreement with San Gabriel Valley Humane Society (SG,VIIS) for animal care and control related services, I'he City, is currently in its third year of services with SGVIIS, however, the rates that were contained in the agreement are no longer viable lor SGVIIS, Over several months, staff had net and discussed a new pricing arrangement, though unable to reach an agreement on as new cost for services. STAFF RECOMMENDATION That the City ( ' 'ouncil authorize the City, Manager to eXCCLAC the amendment to the agreement which would continue services fi-Orn Novernber 1, 2018 to January 31, 2019, for a total amount not -to -exceed $27,261,75. DISCUSSION The City and SGVHS have had a pleasant partnership for over 3 years. SGVI IS services, while working in tandem with the (pity's in-house animal control efforts, have had a positive impact oil Our COMMUnity, Nonetheless,, it is important that staffensurc we are providitig the highest level ofservice, along with the most reasonable cost, in order to best serve Our community. ]'his amendment would be a for a 90 -day period for a monthly cost of $9,087,25, and totaling $27,261 .75 for the entire 3 -month period, All services would remain the same throughout this period which would end on January 31, 019 Yf4 Tn I I , TIQ M. City Council Meeting October 23, 2018 Page 2 of 2 During this 90 -day period, staff will look into all options that are available to ensure that services are not interrupted, including the possibility of issuing a Request for Proposals (RFP) for animal care and control services. FISCAL IMPACT The City's proposed 2018/19 Fiscal Year budget includes sufficient funds for animal care and shelter services. STRATEGIC PLAN IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: . . . ...... . . 4 Gregg- 'I's L�j i uchi,Is N,s!!!!!i;sZla�i-it City Manager Attachment A: Agreement for Animal Care and Control Services Attachment B: First Amendment to the Animal Care Services Agreement Attachment A San Gabriel. Valley Humane Society Contract CITY ORIGINAL CITY OF ROSEMEAD AGREEMENT FOR ANIMAL CARE AND CONTROL CONTRACTSERVICES This Agreement entered into this I" day of July, 2015 between the CITY OF ROSEMEAD herein called "City", and the SAN GABRIEL VALLEY HUMANE SOCIETY, a non-profit corporation, hereafter referred to as "Humane Society." WITNESSETH The Humane Society agrees as an independent contractor to provide comprehensive animal care, control and sheltering services in support of the City's programs and, activities specified in the terms, conditions and special provisions of this contract. SECTION I TERM OF CONTRACT This agreernent shall become effective July 1, 2015, and shall continue until.1tine 30, 2017. Unless either party gives express written riotice of its intent to terminate this agreement at least ninety (90) days prior to the schedule(]. expiration date of this Agreement, this Agreement shall automatically renew for successive one (1) year/twelve (12) month periods until terminated by one of the Parties provided herein. SECTION 11 ANIMAL SHELTER SERVICES A. Hurnane Society shall maintain humane and sanitary shelter facilities suitable for the impoundment of all animals which may come into its custody from the City. Humane Society's shelter shall be located at 851 East Grand Avenue, San Gabriel, California. Humane Society shall maintain public office hours from 8:00 a.rn. to 5:00 p.m., from Tuesday through Sunday and be closed Monday each week and kennels shall be open to public visitation from 10;00 a.m. to 4:30 p,ni,, on its days of operatiom Humane Society's offices are closed on Mondays and specified holidays. Humane Society will accept animals front City Animal Control personnel Monday through Sunday from 8:00 a.m. to 5.00 p.m., except specified holidays. Animals impounded for the City shall be held for adoption or redemption, by the owner or aninial's custodian, for the minimum period of time specified by ordinance of the city, provided that no designated holding period shall be less than that provided by state law for the animal concerned. Humane Society reserves the right to humanely euthanize any impounded, diseased or injured animal prior to the expiration of the holding period upon the recommendation of a licensed veterinarian and in accordance with state law. All animals held in excess of the rninitnurn period specified above shall become the responsibility of Humane Society and the City shall have no further responsibility for such animal'. Agreement for Animal Care/Control Services Page 2 B. In the absence of written instructions from City to the contrary, Hu ane Society will accept stray animals found by private citizens within the City's boundaries, and be responsible for the collection, care and disposition of all animals voluntarily relinquished by their owners who reside in the City of Rosemead. C. Humane Society may charge a reasonable fee for the acceptance of animals voluntarily relinquished by owners residing in the City, which fee shall be collected from the animal owner and become the property of Flumane Society. Humane Society shall not refuse to accept a City pet owner surrendering his/her animals provided that the owner agrees to play such reasonable fees charged by the Humane Society. Humane Society shall not be required to eutbanize an adoptable animal that is relinquished by its owner. Humane Society shall not be required to place any animal for adoption that. Humane Society determines is not suitable for adoption in accordance with State law. D. Humane Society shall riot release any animal for the purposes of medical research or vivisection. SECTION III FIELD SERVICES Humane Society shall provide animal control services to City Mondays thru Saturdays from 8 P,m. to 7 a.m. and from Saturdays at 8 pm. thru Monday's at 7 a.m., except holidays. Said services shall include, the investigation of complaints regarding violations of the City's ordinances and state law; the collection of dead animals; and the capture of any stray, diseased, injured or vicious animal excluding large dead animals and dead animals on freeways, Humane Society shall take calls directly from City's citizens during normal business hours, and shall respond to calls after hours from authorized personnel of the City. SECTION IV INCIDENTAL COSTS ANI) SERVICES In addition to field services as outlined in Section III, Humane Society may provide other services, and charge costs for these services, as agreed upon by the City. SECTION VI COMPENSATION A. Humane Society agrees to the contract cost of $85,000 for the period of July 1, 2015 through June 30, 2016 and $87,750 for the period from July 1.. 2016 through June 30, 2017. Successive yearA2' month period contract costs will reflect a 3% per annum increase unless otherwise negotiated by the City and Humane Society prior to the beginning of the new term. Agreement for Animal Care/Control Services Page 3 Contract costs are payable in monthly installments, due and payable in accordance with SECTION V1, C. B. During the term of this, contract, City agrees to compensate Humane Society for all monthly payments due. C. humane Society, shall invoice City monthly on the first day of each nionth for Service. City shall pay for each month's service within fifteen (15) days after receipt of said invoice. Said amount shall fully, compensate flumane Society for all service provided for City as constituted on the effective date of this Agreement and shall include complete shelter and field services for all straY animals, excluding any animals impounded for quarantine or evidence purposes. D. All stray animal owner or guardian redemption fees are to be kept by the Humane Society. E. Shelter services for animals field in quarantine or for animals held as evidence at request of City/County prosecuting attorney or city law enforcement officer and for animals held longer than four days pursuant to any applicable city ordinance or state law, shall be billed to City within 30 days of receipt of an itemized invoice provided by Humane Society, "I'he established rates are as follows: $40.00 Impound fee, $20.00 per day Board. SECTION V111 EQUIPMENT, SUPPLIES AND PERSONNEL A. Humane Society shall provide all equipment, vehicles, supplies and personnel necessary to perform the services to be furnished by humane Society under the terms and conditions of this agreement. SECTION VIII HUMANE EDUCATION SERVICES A. Htirnarte Society shall make available, upon request of City, educational materials designed to prornote humane education, Such materials shall be provided at cost to City. SECTION I PUBLIC HEALTH RESPONSIBILITIES A. Humane Society agrees to cooperate with public health authorities in enforcing the provisions of the California Health and Safety Code relating to biting dogs and animals suspected of being infected with the rabies virus. Agreement for Animal Care/Control Services Page 4 SECTION X SOCIETY E1"V PL01YEE STATUS A. All persons employed by.Humane Society for the performance of services to be provided pursuant to the terms and conditions of this agreement shall be employees or agents of Humane Society. City shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any Humane Society personnel performing such services for City, nor shall City be called upon to pay any liability other than as provided for in this agreement. Notwithstanding the, foregoing, it is agreed that City shall have the full cooperation of Humane Society's officers, agents and employees and Humane Society shall have the full cooperation of City and of the officers, agents and employees of City in the per-fon-nance and evaluation of the services. SECTION XI INSURANCE AND LIABILITY A. Humane Society will defend, indemnify, and save harmless City from all demands, claims, causes, or action, or judgments and from all expenses that may be incurred in investigating the same, arising from, or growing out of, any act or omission of flutriatie Society, its contractors, agents or employees, in connection with the: operation of Humane Society's shelter, or in the performance of related duties under this agreement, Humane Society shall fully inform, all persons using or being upon Humane Society's premises or conducting business at such location of the non -liability of City for any act or neglect of Humane Society, by posting an adequate number of notices to that effect in, about, or on said premises. B. Humane Society's indemnification under this Agreement does not extend to liabilitics, losses, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, costs acrd expenses of litigation, including attorney's fees, which Indemnitee may suffer or incur or which Indemnitee may become subject to by reason or of arising out of any iuJiury to or death of any person(s), daniage to property, or loss of use of property caused by the active or passive negligence or willful acts or omissions of City, its elected and appointed officials, officers, agents, employees, volunteers or representatives. C. Humane Society shall at its own cost and expense secure and maintain the following Insurance coverage and provide copies of its most current oov era ge/doc uments all of the following: Comprehensive general liability coverage, including vehicle insurance in an amount no less than $1,000,000: combined single limit per occurrence, S2,000,000 general aggregate. Said policy shall name the, City of Rosemead, its elected and appointed officers, officials and employees as additional insureds with regard to damages and defense of claims arising from (1) activities performed by or on behalf of the Agreement for Animal Care/Control Services Page 5 Humane Society-, (2) completed operations of the Humane Society, of (3) premises owned, leased or used. by Humane Society. 3. Insurance shall be placed with insurers which are admitted in the State of California and have a current A. I. best rating nine less than A, VIL 4. Said policy shall bear an endorsement and have attached a rider whereby it is provided that, in the event of expiration, cancellation or modification of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before the expiration, cancellation or modification is effective. The Humane Society shall file a Certificate of Liability Insurance and original endorsements affecting coverage required by this section with the City, & Proof of Worker's Compensation coverage shall be maintained as required by the State ofCalifornia and provided to the City prior to the execution of this contract. City shall defend, indemnify and save Humane Society harmless from all demands,, claims, causes of action, or judgments, and from all expenses that may be incurred in investigating or resisting the same, arising from, or growing out of., any act or neglect of the City its contractors, agents or servants in Connection with the perfoli-nance of the provisions of this Agreement. SECTION XII RECORDS MANAGEMENT AND FINANCIAL ACCOUNTING A. Humane Society agrees to maintain comprehensive records management system and provide City with such records relating to the services performed under this agreement. All Humane Society records relating to services provided or work performed pursuant to this agreernent, including all financial, managerial and operation records, shall be made readily available for inspection by City representatives at all reasonable times following a request by the City. If costs are incurred during compliance with a (. I 'Ity request to inspect records or books, such costs shall be documented by Humane Society and reimbursed to Humane Society by City ujK)n request by Humane Society. B. I lunjane Society shall comply with information access provisions in accordance with all applicable non-profit corporation requirements as stipulated by the State of Califomia. SECTION X111 CONTRACT ADYI]INISTRATION A. flurnane Society shall provide, upon request by City, reports showing the number and species of animals impounded or received from the City, Additional field services impound data shall be provided to City upon request. Agreement for Animal Care/Control Services Page 6 SECTION XIV LEGAL A. In the event that litigation is required to enforce or interpret the provisions or this agreement, the prevailing party shall be entitled to reasonable attorney's fees. SECTION XV ASSIGNMENT A. Humane Society shall not have the right, or power to sell, mortgage or assign this agreement or the powers granted to it or any interest therein. SECTION XV1 MERGER A. This agreement represents the entire understanding between the parties hereto and supercedes any and all prior written or oral agreements or understanding betAveen the parties, IN, WITNESS WHEREOF, the parties hcrcto have executed thisAgreernent. APPROVED AS TO FORM CITY OF ROSEMEAD City .Attorney Cit. anager Date., 15- Date: SAN GikBFUEL VALLEY HUMANE SOCIETY Attachment B First Amendment to the Animal Care Services Agreement FIRST AdIffil,13allEAT TO CITY OF ROSEMEAD AGREEMENT FOR ANIMAL . AND CONTROL CONTRACT THIS FIRST AMENDMENT AGREEMENT FOR ANIMAL CARE AND CONTROL CONTRACT SERVICES originally entered into and effective July 1, 2015, is made and entered day of • 1w ` 2018, by and between the City of Rosemead, a municipal corporation, hereinafter referred to as City, and the San Gabriel Valley Humane Society, a non-profit corporation,'w to as Humane Society. The City and Humane Society agree to amend the Agreement based on the Recitals provided for below. EMO WHEREAS the parties desire to have the Humane Society provide animal services for the City for a shorter term than the current contract provides and at new rate„ and WHEREAS the parties have agreed that the current term and termination provisions should therefore be amended, and Now therefore the following amendments are made to the Agreement as described SECTION I TERM OF CONTRACT: The term shall be from November 1, 2018 and shall continue until 7 am on January 31I, 20% A. For the Term of the agreement payment shall be $9,087.25 each month for an total amount not to exceed $27,261.75. All other terms remain unchanged. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the data first indicated above. City CONTRACTOR CITY OF ROSEMEAD SAN GARBIIEL VALLEY HUMANE SOCIETY A: UMPRA In Steven, Ly, Mayor Ericka Hernandez City Clerk FUMITIONS I " 0 93#13M= N3 M 2 Print Name and Title of Officer