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CC - Item 4J - Extensions to Animal Shelter and Care Services Agreements E M F A9 S ° ROSEMEAD CITY COUNCIL ® REPORT �g((::''��tt �CIVIC. PRID/Er /NCCRpoRATED 1050 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER_0 DATE: DECEMBER 10, 2019 SUBJECT: EXTENSIONS TO ANIMAL SHELTER AND CARE SERVICES AGREEMENTS SUMMARY The animal shelter and care services agreements with Rosemead Animal Hospital and Volunteers in Defense of Animals (VIDA) are scheduled to expire on December 31, 2019. The proposed extensions would extend the Rosemead Animal Hospital and VIDA Agreements in order to continue the ongoing animal control services operated by the Rosemead Public Safety Department. DISCUSSION • Prior to January 2019, animal control, sheltering and care services was provided under contract by San Gabriel Valley Humane Society (SGVHS). The SGVHS contract expired and the City on February 12, 2019 approved separate animal sheltering and care services as follows: • Rosemead Animal Hospital—Temporary/short-term kenneling and veterinary care. • Volunteers in Defense of Animals (VIDA) — Long-term kenneling, adoption, and veterinary care. The following chart represents the service levels and costs (months of February to ending October) of the above two providers: Wild Animal (Chicken, Rosemead Animal Dog Cat Pigeons, Dog Cat 2019 Hospital Impound Impound rabbits) VIDA Impound Impound February $877.00 11 7 2 $1,213.00 11 0 March $968.00 3 11 2 $1,743.00 7 8 April $1,010.00 7 9 3 $1,743.00 7 52 May $2,025.00 14 27 5 $2,810.00 10 66 June $1,794.00 9 33 1 $5,786.00 11 64 July $1,594.00 8 30 1 $4,267.00 7 45 August $1,009.00 11 14 1 $4,414.00 14 45 . September $1,016.00 8 23 1 $4,677.00 13 33 October $997.00 10 19 0 $4,876.00 10 46 November December TOTAL $11,290.00 81 173 16 $31,529.00 90 359 AGENDA ITEM 4.J City Council Meeting December 10,2019 Page 2 of 3 Both Agreements include an option (Section 1, "Term of Contract") to extend the Agreement by written agreement of the Parties (the provider and the City). The proposed First Amendment would extend the Rosemead Animal Hospital Agreement to December 31, 2020 and give the City Manager the authority to negotiate and execute any contract amendments or extensions on behalf of the City. The extension with Rosemead Animal Hospital would be under the same terms and costs as the original Agreement. On November 8, 2019, VIDA informed the City that it intends to close its operation permanently. The exact date of the closure is not yet set, and VIDA elected to extend Agreement with a 30-day termination notice period in lieu of the original contract period of 90-days. Staff is in the process of securing a replacement long-term kenneling, adoption, and veterinary care services, and will bring before to the Council a replacement service contract at a future date. STAFF RECOMMENDATION That the City Council authorize the City Manager to: 1. Execute the First Amendment to the Agreement with Rosemead Animal Hospital with authority to negotiate and execute any contract amendments or extensions on behalf of the City. 2. Execute the First Amendment to the Agreement with Volunteers in Defense of Animals (VIDA) with authority to negotiate and execute any contract amendments or extensions on behalf of the City. FISCAL IMPACT The City's FY 19/20 Budget includes an animal control expenditure of $140,000 (Fund 101- 2030-5525) for the said animal shelter and care services agreements. The proposed First Amendment would be funded within the approved FY 19/20 Budget, and additional funding will be allocated in the future FY 20/21 Budget. STRATEGIC PLAN IMPACT The proposed First Amendment to the animal service agreements with Rosemead Animal Hospital and Volunteers in Defense of Animals (VIDA) will meet the Strategic Plan's goal to enhance public safety and quality of life. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. City Council Meeting December 10,2019 Page 3 of 3 Prepared by: Ben Kim Assistant City Manager Attachment A: First Amendment with Rosemead Animal Hospital Attachment B: First Amendment with Volunteers in defense of Animals (VIDA) Attachment C: City Council Staff Report dated February 12, 2019 E M F q civic PRIDE. fort r fifrcoRpoRATE;c3643 Attachment A First Amendment with Rosemead Animal Hospital FIRST AMENDMENT TO ANIMAL SHELTERING AND CARE SERVICES (APEX ANIMAL CARE VETERINARY CORPORATION; DBA ROSEMEAD ANIMAL HOSPITAL) This FIRST AMENDMENT ("Amendment") is made and entered into this 10th day of December, 2019 ("Effective Date"), by and between the City of Rosemead, a municipal organization, organized under the laws of the State of California with its principal place of business at 8838 East Valley Blvd., Rosemead, California 91770 ("City") and APEX Animal Care Veterinary Corporation (dba Rosemead Animal Hospital) with its principal place of business at 9639 Valley Blvd., Rosemead, California 91770 ("Contractor"). City and Contractor are sometimes 'individually referred to herein as "Party" and collectively as "Parties." WHEREAS, City and Contractor entered into an agreement on February 12, 2019, for animal sheltering and care services (the "Agreement"); and WHEREAS, this Agreement is set to expire on December 31, 2019; and WHEREAS, the City and the Contractor may mutually agree to extend the term of this Agreement (Section 1). NOW, THEREFORE, the Parties agree as follows: SECTION 1. Section 1 , "Term of Contract" shall be amended to read: The term of this Agreement is amended to continue until December 31, '2020, unless either party gives express written notice of its intent to terminate this Agreement at least ninety (90) days prior to the requested termination date. This Agreement may be extended on an annual basis prior to any expired term by written agreement of the Parties. The City Manager is authorized to negotiate and execute any contract amendments or extensions on behalf of the City. • SECTION 2. All other terms, condition, and provisions of the Original Agreement not in conflict with this Addendum, shall remain in full force and effect. SECTION 3. The City Clerk shall certify to the adoption of this Addendum and hereafter the same shall be in full force and effect. IN WITNESS WHEREOF, City and-'Contractor have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. CITY OF ROSEMEAD APEX ANIMAL CARE VETERINARY CORP. (dba, Rosemead Animal Hospital) BY: BY: , Gloria Molleda, City Manager Name: Attest: Title: City,Clerk (If Corporation, TWO • SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED) BY: BY: Rachel Richman, City Attorney Name: Title: 2 5 E M dOltie '9 I CIVIC PRIDE fr WIFILVA, liiir . I.CORPOR ° Attachment B First Amendment with Volunteers in Defense of Animal (VIDA) FIRST AMENDMENT TO ANIMAL SHELTERING AND CARE SERVICES (VOLUNTEERS IN DEFENSE OF ANIMALS) This FIRST AMENDMENT ("Amendment") is made and entered into this 10th day of December, 2019 ("Effective Date"), by and between the City of Rosemead, a municipal organization, organized under the laws of the State of California with its principal place of business at 8838 East Valley Blvd., Rosemead, California 91770 ("City") and Volunteers in Defense of Animals (VIDA) with its principal place of business at 19142 E. Walnut Dr. N., La Puente, California 91748 ("Contractor"). City and Contractor are sometimes individually referred to herein as. "Party" and collectively as "Parties." WHEREAS, City and Contractor entered into an agreement on February 12, 2019, for animal sheltering and care services (the "Agreement"); and WHEREAS, this Agreement is set to expire on December 31, 2019; and WHEREAS, the City and the Contractor may mutually agree to extend the term of this Agreement (Section 1). NOW, THEREFORE, the Parties agree as follows: SECTION 1. Section 1, "Term of Contract" shall be amended to read: The term of this Agreement is amended to continue until December 31, 2020, unless either party gives express written notice of its intent to terminate this Agreement at least thirty (30) days prior to the requested termination date. This Agreement may be extended prior to any expired term by written agreement of the Parties on a month-to-month basis. The City Manager is authorized to negotiate and execute any contract amendments or extension(s) on behalf of the City. SECTION 2. All other terms, condition, and provisions of the Original Agreement not in conflict with this Addendum, shall remain in full force and effect. SECTION 3. The City Clerk shall certify to the adoption of this Addendum and hereafter the same shall be in full force and effect. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. CITY OF ROSEMEAD VOLUNTEERS IN DEFENSE OF ANIMALS (VIDA) BY: BY: Gloria Molleda, City Manager Name: Attest: Title: City Clerk (If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED) BY: BY: Rachel Richman, City Attorney Name: Title: 2 Y (% S&g E M '9 CIVIC PRIDE • 114;MO7 'Ne°RPORATEO 143 Attachment C City Council Staff Report Dated February 12, 2019 S An� e C.� ROSEMEAD CITY COUNCIL 4 ' PRE STAFF REPORT 7 ,NCORPORATED'°'5 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER,, DA 1'F,: FEBRUARY 12,2019 SUBJECT: PROPOSED AGREEMENTS FOR ANIMAL SHELTER AND CARE SERVICES SUMMARY On December 17, 2018 an RFP for animal control, sheltering, and care services was issued to four entities that provide services to the surrounding San Gabriel Valley area. The San Gabriel Valley Humane Society (SGVHS) provided the sole response at $210,000 over a 12-month period. With the City already providing the majority of its own field response services, staff researched alternative ways of providing equivalent services. Ultimately, staff was able to negotiate and obtain separate agreements from several different entities in order to maintain compliance with state laws and provide equivalent services, and in some instances improve upon existing services. Based on animal intake numbers provided by the SGVHS for 2017, staff is conservatively anticipating an overall cost between the different entities and additional fuel costs to total$162,300 over a 12-month period. DISCUSSION { There are a variety of situations and tasks that encompasses providing animal control services. Each of the below entities provides a critical role as part of the overall team that enables this service for our community. Staff is recommending that animal control, shelter, and care services be implemented using the following entities: • Rosemead Animal Hospital—Temporary/Short-term kenneling and veterinary care • Volunteers in Defense of Animals—Long-term kenneling, adoption, and veterinary care • D&D Disposal Services—Deceased animal disposal , • Emergency Pet Hospital of Glendora—Off-hour veterinary care • City of Rosemead Community Service Officers — Daily and Off-hour field response services • City of Rosemead Public Safety Staff—Animal Iicensing services 4F4 ITEM NUMBER: 6j 4 1 City Council Meeting € February 12,2019 1 Page2of5 i Rosemead Animal Hospital is located in our very own City and services are performed by Dr. Micheal Lieu, DVM and his staff. The hospital is not only capable of providing veterinary care, but also short-term kenneling services. There are over 30 kennels and 19 dog kennels and 8 cat kennels are available for Rosemead's use, allowing the field response officers to stay within our borders while on duty and minimize having to transport animals on a daily basis to an adoption g center. The hospital has also recently provided staff with a key to access the kennel area so 1 animals can be placed in a secure and safe area even when closed. 1 Volunteers in Defense of Animals is located in La Puente(Rowland Heights---approximately 30 minutes away)and-is a non-profit shelter/animal care facility that places priority on adoption and transfer to other adopting entities before considering euthanasia. The rescue center has 25 dog kennels available, a dedicated cat house, an off-hour on-site caretaker, and has also provided 1 24/7 access to the kennel area. Staff has visited the site on several occasions during the week 1 and weekends and was impressed with the staff and number of volunteers that were busy at work giving baths, walking the dogs, and providing other animal care duties. Although the shelter is 1 smaller than the previous provider, no other cities are providing animals to the shelter which allows for more time to be devoted to each animal by the volunteers and staff. Laura Sandoval is the director and a registered veterinary technician. 1- 1 D&D Disposal Services' parent company is West Coast Rendering and located in Vernon, CA. D&D services many of the animal shelters in southern California, including those owned by Los 1 Angeles County Animal Services. D&D is providing a weekly pick-up of all deceased animals 1 retrieved by our field officers. Emergency Pet Hospital of Glendora is located in Glendora, CA (approximately 30 minutes away) and provides emergency veterinary care during off-hours, weekends, and holidays. Staff had hoped that the previous off-hour provider located in Pasadena (approximately 20 minutes d away) would continue providing services, however, they were not interested in providing services directly to the City. I 1 Community Services Officers will continue to provide the daily response for animal services. I The City's CSO's will continue providing this service along with the assistance of other City staff members. Off-hour emergency response will work in a similar manner as in the past, with calls initially going to the Temple Dispatch Center, however, in-lieu of calling the SGVHS off- hour number,the dispatcher will call the City's Public Safety off-hour number. The criteria for an emergency response remains the same, for example a severely injured dog warrants a response, whereas an already deceased dog not creating a public safety hazard (middle of the roadway) would be handled first thing in the morning. A CSO is provided a City phone to be 1 contacted at. 1 i 1 Public Safety Staff will continue to provide animal licensing services for the City. As a side- I note, staff is preparing an agreement to make improvements to the existing software licensing { program and vendor,to include on-line payments and renewals. 1 1 3 ar City Council.Meeting February 12,2019 Page3of5 Although staff identified the above entities as excellent and capable partners, staff will continue to look for alternative options and partnerships in order to maintain continued services and at its highest levels possible. IMPROVED SERVICES Staff has become intricately involved in assessing the animal services rendered to the City. !' Having spent the time in breaking down the services, it allowed staff to come up with ideas on how to better serve and educate our community. For example: • Licensed and/or micro-chipped pets are returned to the owner rather than placed at a shelter. Implementing this service reinforces the need and importance of licensing their dogs and micro-chipping cats, and provides an opportunity to meet face-to-face with our residents and educate them on animal related matters. This also saves the resident from a redemption fee that a shelter would charge. Staff is providing this service in the following manner: 1St occurrence — no charge, rd occurrence no charge with warning notice, 3rd occurrence administrative citation. • Staff will implement a test_program, cats that are trapped and identified by a licensed veterinarian as a domesticated pet or micro-chipped are returned back to the owner or area in which they were trapped. A paper collar is placed around the cat notifying the owner (if not directly handed over) to contact the Public Safety Department. This provides an opportunity to educate the owner and make them aware of what occurred and the dangers of allowing their cats to roam beyond their residence. • Noticing of stray animals that were retrieved by the Public Safety Department on social media and lost pet sites in order to actively find their owners. Staff is also considering expanding the City's Public Safety web pages to include one for animals impounded by the department. • The Public Safety Center will be the hub for all animal inquiries. Previously, residents would often come to the Center looking for an animal or wanting to surrender their pet, << and they would then be given directions to the off-site location for assistance. The Safety Center is now the hub and with improved forms and logs are able to determine if an animal meeting the resident's description was turned in and where it is currently located. If a resident wished to surrender their pet, staff will take the animal and transport to the appropriate facility for the resident. By making the Center the hub for all inquiries and processes, data is now collected on a real-time basis and over time will allow the City to improve their accuracy in administrative and budgetary forecasting. Staff will now begin to compile monthly,quarterland yearly reports on detailed animal activities and can be provided to the Council if desired. t{�f ff City Council Meeting February 12,2019 Page 4 of 5 AGREEMENTS Two of the four outside entities require agreements to be approved by the City Council. Those two entities are the Rosemead Animal Hospital and Volunteers in Defense of Animals. D&D Disposal is providing services at a rate of$300 per month or $3,600 annually. Emergency Pet Hospital of Glendora is providing services on an as needed basis and staff is budgeting $10,000 annually. Highlights of the agreement terms for both the hospital and shelter facility are summarized below: Rosemead Animal Hospital: • Initial 11-month term with option to extend for 12-month periods with written notice; • 90-Day termination with written notice; • Not to exceed$65,000 during a 12-month period Volunteers in Defense of Animals: • Initial 11-month term with option to extend for 12-month periods with written notice; • 90-Day termination with written notice; • Not to exceed$80,000 during a 12-month period 12-MONTH BUDGET SUMMARY A summary totaling a 12-month period of costs are as follows: Rosemead Animal Hospital $65,000 Volunteers in Defense of Animals $80,000 D&D Disposal Services $ 3,600 Emergency Pet Hospital of Glendora $10,000 Additional Fuel Costs $ 3,700 TOTAL $162,300 It is important to note that there are additional fuel costs in providing services in this manner due to the increase in the distance to some facilities, however this could also be off-set by having a local temporary kennel that is more central to the City, and scheduling the transport of animals to the adoption center during the least amount of traffic. Staff would be in a better position to ascertain these impacts after the initial 11-month period. The current budget included '$93,300 for animal control contract services. At this time, approximately$29,600 remains available. In order to fund the remaining 5-months of the fiscal year with the new break down in services, a budget increase of$38,100 is being requested for your consideration. The budget increase would bring available funding for animal control City Council Meeting February 12,2019 Page 5 of 5 services to $67,700 and would be utilized in the following manner; $60,416 for 5 months of animal care and sheltering service, $1,500 for deceased animal disposal, $1,529 for fuel costs, and$4,167 for emergency veterinary care. STAFF RECOMMENDATION That the City Council authorize the City Manager to: 1. Execute the Agreement with Rosemead Animal Hospital for an 11-month period covering the period January 31,2019 to December 31,2019; and 2. Execute the Agreement with Volunteers in Defense of Animals for an 11-month period covering the period January 31,2019 to December 31,2019; FISCAL IMPACT The City's proposed 2018/19 Fiscal Year budget includes $29,600 of remaining available funds for animal control contract services. To continue services, staff is requesting that $38,100 be appropriated from the unreserved general fund to the appropriate animal control services and fuel services accounts. STRATEGIC PLAN IMPACT-None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Gre:.-' rTsujiuchi,Assistant City Manager Attachment A:Agreement with Rosemead Animal Hospital Attachment B: Agreement with Volunteers in Defense of Animals $r 11 S E M F CIVIC PRIDE i irj „CORPo des$ Attachment A Agreement,with Rosemead Animal Hospital I I Agreement forAnimal Care and Sheltering Services Page 1 CITY OF ROSEMEAD AGREEMENT FOR ANIMAL SHELTERING AND CARE CONTRACT SERVICES This Agreement entered into this 12th day of February, 2019 between the CITY • OF ROSEMEAD herein called "City", and the APEX Animal Care Veterinary Corporation; dba Rosemead Animal Hospital, a privately owned corporation hereafter referred to as "APEX." WITNESSETH • APEX agrees as an independent contractor to provide comprehensive animal care and sheltering services in support of the City's programs and activities specified in the terms, conditions and special provisions of this contract. SECTION 1 TERM OF CONTRACT This agreement shall become effective February 12, 2019, and shall also cover the period starting January 31, 2019 and ending on February 11, 2019 to cover the gap in providing services. This'agreement shall continue until December 31, 2019, unless either party gives express written notice of its intent to terminate this Agreement at least ninety (90) days prior to the requested termination date. This Agreement may be extended prior to any expired term by written agreement of the Parties. • SECTION II ANIMAL SHELTER SERVICES A. APEX shall maintain humane and sanitary shelter facilities suitable for the impoundment of all animals which may come into its custody from the City. APEX's hospital and shelter shall be located at 9639 Valley Blvd, Rosemead, California. APEX shall maintain public office hours from Monday through Friday 9:00 aim. to 6:00 p.m., Saturday from 9:00 a.m. to 1:00 p.m. and,be closed 1 Sunday each week and kennels shall be open to public visitation for identification purposes from 9:00 a.m. to 6:00 p.m., on its days of operation. APEX's offices are closed on Sundays and specified holidays. APEX will accept animals from City Animal Control personnel Monday through Friday from 9:00 a.m. to 6:00 p.m. and Saturday from 9:00 a.m. to_1:00 p.m., except specified holidays. Agreement forAnimal Care and Sheltering Services Page 2 for the Cityshall be held for redemption, bythe owner or Animals impounded o p animal's custodian or until transported to an adoption shelter. Cats determined to be,truly "feral cats" by a qualified licensed veterinarian shall be held for owner or caretaker redemption for at least three (3) business days, provided that no designated holding period shall be less than that provided by California Food and Agricultural Code— Division 14 or any other applicable state or county laws for the animal concerned. APEX 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 minimum period specified above shall become the responsibility of APEX and the City shall have no further responsibility for such animal unless euthanized which APEX shall be compensated for said cost in accordance with Section V. B. in the absence of written instructions from City to the contrary, APEX will not accept stray animals found by private citizens nor any animals voluntarily relinquished by their owners who reside in the City of Rosemead. APEX will direct all residents of the City of Rosemead to the City's Public Safety Department. C. APEX shall charge owner or animal's custodian a reasonable redemption fee for the release of an impounded animal that has been identified by the owner or animal's custodian. APEX may recover costs related to boarding,vaccination and veterinary medical treatment. APEX shall not release any impounded dog until owner or animal's custodians provides proof of.City licensing. D. APEX shall not release any animal for the purposes of medical research or vivisection. SECTION III INCIDENTAL COSTS AND SERVICES APEX may provide other services, and charge costs for these services, as agreed upon by the City in writing. Such costs may include but are not limited to reimbursement for contracted veterinarian charges beyond immediate stabilization and comfort to un-owned animals which are authorized by Rosemead personnel. Agreement forAnimal Care and Sheltering Services Page 3 SECTION IV COMPENSATION • A. APEX shall receive compensation for Animal Shelter Services and Veterinary Medical Services rendered under this Agreement, as specified in accordance with Section V. Total payments to APEX shall not exceed Sixty-Five Thousand Dollars ($65,000) per calendar year. Extra Work may be requested in writing by the City in an amount agreed to by the parties, and if authorized, will be compensated at the agreed upon amount. Contract costs are due and payable in accordance with SECTION IV, C. • B. During the term of this contract, City agrees to compensate APEX for all monthly payments due. C. APEX shall invoice City monthly within one week of completing the previous month's services. City shall pay for each month's completed service within thirty (30) days after receipt of said invoice. Said amount shall fully compensate APEX for all service provided for City as constituted on the effective date of this Agreement and shall include complete shelter and veterinary services for all impounded animals. D. Shelter services for animals held 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 five days pursuant to any applicable city ordinance or state law, shall be billed to City at the established per day boarding fee rates in Section V. SECTION V FEE SCHEDULE Kennel and Cage Boarding Rates: Dog $12 per night Cat $10 per night Rabies Vaccination: $25 Euthanasia Costs: Cats/Dogs up to 15lbs. $25 Dogs— 16-40 lbs. $40 Dogs—41-80Ibs. $60 Dogs—81Ibs and up $75 Agreement forAnimai Care and Sheltering Services Page 4 Emergency Veterinarian Medical Services*: $250 max. per animal (*Requires prior approval by City personnel. Limited to immediate stabilization and comfort) SECTION VI EQUIPMENT, SUPPLIES AND PERSONNEL A. APEX shall provide all equipment,vehicles,supplies and personnel necessary to perform the services to be furnished by APEX under the terms and conditions of this agreement. • SECTION VII PUBLIC HEALTH RESPONSIBILITIES A. APEX 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. SECTION IX APEX EMPLOYEE STATUS . i A. All persons employed by APEX for the performance of services to be provided pursuant to the terms and conditions of this agreement shall be employees or agents of APEX.City shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any APEX 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 APEX`s officers, agents and employees and APEX shall have the full cooperation of City and of the officers, agents and employees of City in the performance and evaluation of the services. ,Agreement forAnimal Care and Sheltering Services Page 5 SECTION X INSURANCE AND INDEMNIFICATION A. APEX will defend, indemnify, save and hold harmless the City its elected or appointed officers and employees from any and all liabilities, losses, demands, claims, causes of action, proceedings, suits, damages, judgments, costs and expenses of litigation including attorney's fees and from all expenses that may be incurred in investigating the same, arising from, or growing out of, any act or omission of APEX, its contractors, agents or employees, in connection with the operation of APEX's shelter, or in the performance of related duties under this agreement. APEX shall fully inform all persons using or being upon APEX's premises or conducting business at such location of the non-liability of City for any act or neglect of APEX, by posting an adequate number of notices to that effect in,about,or on said premises. B. APEX shall at its own cost and expense secure and maintain the following insurance coverage and provide copies of its most current coverage/documents all of the following: I. Comprehensive general liability coverage, including vehicle insurance in an amount no less than $1,000,000 combined single limit per occurrence, 52,000,000 general aggregate. 2. 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 APEX; (2) completed operations of the APEX, of (3) premises owned, leased or used by APEX. 3. Insurance shall be placed with insurers which are admitted in the State of California and have a current A.M. best rating of no less € than A;VII. 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. 5. The APEX shall file a Certificate of Liability Insurance and original endorsements affecting coverage required by this section with the City. { Agreement forAnimal Care and Sheltering Services Page 6 6. Proof of Worker's Compensation coverage shall be maintained as required by the State of California and provided to the City prior to the execution of this contract. j4 SECTION XI RECORDS MANAGEMENT AND FINANCIAL ACCOUNTING A. APEX agrees to maintain a comprehensive records management system and provide City with such records relating to the services performed under this agreement. All APEX records relating to services provided or work performed pursuant to this agreement, 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 City request to inspect records or books, such costs shall be documented by APEX and reimbursed to APEX by City upon request by APEX. B. APEX shall comply with information access provisions in accordance with all • applicable requirements as stipulated by the State of California. SECTION XII CONTRACT ADMINISTRATION A. APEX shall provide, upon request by City, reports showing the number and species of animals impounded or received from the City. SECTION XIII LEGAL J � A. In the event that litigation is required to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees. • J SECTION XIV ASSIGNMENT A. APEX shall not have the right,or power to sell, mortgage or assign this agreement or the powers granted to it or any interest therein. f{3 Agreement forAnimal Care and Sheltering Services Page 7 SECTION XV MERGER A. This agreement represents the entire understanding between the parties hereto and supersedes any and all prior written or oral agreements or understanding between the parties. IN WITNESS WHEREOF, the parties have authorized the individuals below to sign this Agreement on its behalf. APPROVED AS TO FORM CITY OF ROSEMEAD Rachel Richman, City Attorney Steven Ly, Mayor Date: Date: as ATTEST: APEX Animal Care Veterinary Corporation, dba Rosemead Animal Hospital Ericka Hernandez, City Clerk Owner Date: (4( AL/. ctip Al Owner Date: (. S t "` 7 RC441A1 ® .ACC .DASE(MMIDDIYYYY) ?� CERTIFICATE DF LIABILITY INSURANCE 1/30/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES'NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 1 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I PRODUCER CONTACT Safehold Special Risk,Inc.(916)589-8000 PHONEI rAIC.No.Ext): (A/C,NM: Safehold Special Risk,Inc.(CA D01#OG13561) E-MAIL ADDRESS: 10941 White Rock Rd• INSURER(S)AFFORDING COVERAGE NAIC# Rancho Cordova,CA 95670INSURBRA: NOVA Casualty Company 42552 INSURED INSURER B: APEX Animal Care Veterinary Corporation • INSURER C: 1 9639 E.Valley Blvd ' INSURER 0: 1 • INSURER E: - - Rosemead,CA 91770 • INSURER F: COVERAGES - CERTIFICATE NUMBER: /3856784 REVISION NUMBER:See below - THIS is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE.AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR TYPEOFINSURANCE AWL SUBR POLICYYEFP POLICY EXP 1Nsla VIM, POLICY NUMBER (MM/ODOMill (MMLIMITS1,000,00IDDAMIY) A 0 IB-10000781-01 03/29/2018 03/29/2019 DAMAGE TO RENTED 1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ A MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE UNIT APPLIES PER: GENERAL AGGREGATE $ 2,000.000 POLICY n J'RO- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 • OTHER: $ AUTOMOBILE LABILITY • COMBBIIN�EDSINGLE LIMET $ —ANY AUTOBODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _AUTOS -$ HIRED NON-OWNED PROPERTY DAMAGE , AUTOS ONLY _ AUTOS ONLY (Per accident) _ - • S • UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE • AGGREGATE . . $ DED RETENTION$ $ • A ANDWORKERS COMPENSATION X AND EMPLOYERS'LIABILITY TH- WK-10000354-01 03/29/2018 03/29/2019 PER ' ER ANYPROPRIETORIPARTNERIEXECUTtVE Y!N EL EACH ACCIDENT $ 1,000,000 OFMCERIMEMBEREXCLUDEO? II NIA ' (Mandatory In NH) E.I..DISEASE-EA EMPLOYEE $ . 1,000,000 Ifes,describe under E L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below' - _ . • • • • DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City:of Rosemead,its elected andappointedofficers,officials and employees are named as Additional Insured with respect to General Liability per the attached endorsement.Proof of Workers Compensation. •CERTIFICATE HOLDER - CANCELLATION • • City of Rosemead • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL 'BE DELIVERED IN 8838 East Valley Blvd ACCORDANCE WITH THE POLICY PROVISIONS. • Raseniead,CA 91770 . AUTHORIZED REPRESENTATIVE . I. • The ACORD name and logo are registered marks of ACORD, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) (This ce,Lficalercplaces cplHrsie$135557Mosuotl on 1/3O201S . - - 3331 BUSiNESSOWNERS C. SECTION Il-LIABILITY The following paragraphs amend coverage provided under SECTION II—LIABILITY'of the Businessowners Coverage Form. 1. Additional Insured By Contract,Agreement or Permit-Primary and Non-Contributory Paragraph C.Who Is An Insured is amended to include as an insured any person or organization for whom you and such person or organization have agreed in writing in a contract,agreement or permit that such person or organization be added as an additional insured on your policy. The insurance provided to the additional insured is limited as follows: a. That person or organization Is only an additional insured with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused in whole or in part by: (1) Premises you own,rent,lease,or occupy;or (2) Your ongoing operations performed for that insured. • (3) In connection with"your work"and included within the"products-completed operations hazard", but only if: (a) The written contract or written agreement requires you to provide such coverage to the additional insured; and (b) This policy provides coverage for °bodily injury" or "property damage" included within the "products-completed operations hazard". b. With respect to the insurance afforded to these additional insureds,the following is added to paragraph D.Liability And Medical Expenses Limits Of insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement;or (2) Available under the applicable Limits Of Insurance shown In the Declarations; whichever is less. c. If specifically required by a contract, agreement or permit,coverage provided by this insurance shall be primary and any other insurance available to the additional insured shall be excess and non- contributing. 2. Alienated Premises Paragraph B.1.Exclusions,sub-paragraph k.(2)is replaced with the following: Premises you sell, give away or abandon, if the "property damage" arises out of any pait of those • premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 3. Bodily Injury Redefined Paragraph F. Liability and Medical Expenses Definitions, sub-paragraph 3. "Bodily Injury" is replaced with the following: "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily Injury" includes mental anguish, mental Injury, shock, fright or death resulting from"bodily injury",sickness or disease. 4. Broad Form Property Damage—Borrowed Equipment,Customers Goods,Use of Elevators a. The following Is added to paragraph B.1. Exclusions,sub-paragraph k.: Sub-paragraph(4)does not apply to"property damage"to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. The following definition is added to paragraph F.Liability and Medical Expenses Definitions: "Customers goods"means property of your customer on your premises for the purpose of being: (1) Worked on;or (2) Used in your manufacturing process. • • ' (3) The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, • contingent or on any other basis. - 6. Broadened Named Insured - ' For purposes of the coverage provided by this endorsement, C. Who Is An Insured, paragraph 3. Is added as follows: _ All of your subsidiaries, companies, corporations, firms,or organizations, as now or hereafter constituted, qualify as insureds under this policy if: • 6 ABPC1191114 includes Copyrighted Material of Insurance Services Office;Inc.with its permission Page Zapf 32 INSURED . • t[t • . F . i 1 . � . � C R A,Eto . | Attachment B Agreement with Volunteers in Defense of Animals . [ . � . � • Agreement forAnimal Care and Sheltering Services Page 1 CITY OF ROSEMEAD AGREEMENT FOR ANIMAL-SHELTERING AND CARE CONTRACT SERVICES This Agreement entered into this 12th day of February, 2019 between the CITY OF ROSEMEAD herein called "City", and the VOLUNTEERS IN DEFENSE OF ANIMALS (VIDA), a 501(c)3 non-profit organization, hereafter referred to as "VIDA." WITNESSETH contractor to provide comprehensive animal care The VIDA agrees as an independentp 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 agreement shall become effective February 12, 2019, and shall also cover the period starting January 31, 2019 and ending on February 11, 2019 to cover the gap in providing services. This agreement shall continue until December 31, 2019, unless either party gives express written notice of its intent to terminate this Agreement at least ninety (90) days prior to the requested termination date. This Agreement may be extended prior to any expired term by written agreement of the Parties • SECTION II ANIMAL SHELTER SERVICES A. VIDA shall maintain humane and sanitary shelter facilities suitable for the impoundment of all animals which may come into its custody from the City. VIDA's shelter shall be located at 19142 E. Walnut Dr. N., La Puente, California. VIDA shall maintain public office hours from Monday through Friday 9:00 a.m.to 6:00 p.m.,Saturday from 9:00 a.m. to 5:00 p.m. and be closed Sunday each week and kennels shall be open to public visitation for identification purposes from 9:00 a.m. to 5:00 p.m., on its days of operation. VIDA's offices are closed on Sundays and specified holidays.VIDA will provide access to kennel area to accept animals from City Animal Control personnel 24 hours a day / 7 days a week, including holidays. Agreement forAnimal Care and Sheltering Services Page 2 Animals impounded for the City shall be held for redemption, by the owner or animal's custodian for a minimum of seven (7) business days provided that no 'designated holding period shall be less than that provided by California Food and Agricultural Code— Division 14 or any other applicable state and county laws for the animal concerned prior to being placed up for adoption. VIDA shall make all reasonable efforts to have animals adopted or transported to other shelters for adoption prior to considering euthanasia. VIDA 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 minimum period specified above shall become the responsibility of VIDA and the City shall have no further responsibility for such animal unless euthanized which VIDA shall be compensated for said cost in accordance with Section V. B. In the absence of written instructions from City to the contrary, VIDA will not accept stray animals found by private citizens nor any animals voluntarily relinquished by their owners who reside in the City of Rosemead. VIDA will direct all residents of the City of Rosemead to the City's Public Safety Department. C. VIDA shall charge owner or animal's custodian a reasonable redemption fee for the release of an impounded animal that has been identified by the owner or animal's custodian. VIDA may recover costs related to boarding, vaccinations and veterinary medical treatment. VIDA shall not release any impounded dog until owner or animal's custodians provides proof of City licensing. D. VIDA shall not release any animalfor the purposes of medical research or vivisection. SECTION III INCIDENTAL COSTS AND SERVICES VIDA may provide other services, and charge costs for these services, as agreed upon in writing by the City. Such costs may include but are not limited to reimbursement for contracted veterinarian charges beyond immediate stabilization and comfort to un-owned animals which are authorized by Rosemead personnel. fi I(I 3 Agreement forAnimal Care and Sheltering Services Page 3 SECTION IV COMPENSATION A. VIDA shall receive compensation for Animal Shelter Services and Veterinary Medical Services rendered under this Agreement, as specified in accordance with Section V. Total payments to VIDA shall not exceed Eighty Thousand Dollars ($80,000) per calendar year. Extra work may be requested in writing by the City in an amount agreed to by the parties, and if authorized, will be compensated at the agreed upon amount. Contract costs are due and payable in accordance with SECTION IV, C. B. During the term of this contract, City agrees to compensate VIDA for all monthly payments due. C. VIDA shall invoice City monthly within one week of completing the previous month's services. City shall pay for each month's completed service within thirty (30) days after receipt of said invoice. Said amount shall fully compensate VIDA for all services provided for City as constituted on the effective date of this • Agreement and shall include complete shelter and veterinary services for all impounded animals. D. Shelter services-for animals held 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 seven (7) business days pursuant to any applicable city ordinance or state law, shall be billed to City at a rate of$15 per day. SECTION V FEE SCHEDULE Intake Rates: Dog $125 per animal (Incl. Boarding/Bordatella & DHPP Vac.) Cat $30 per animal Rabies Vaccination: $20 Euthanasia Costs: Cats $35 Dogs—40 lbs. and below $65 Dogs—411bs. and above $75 Agreement forAnimal Care and Sheltering Services , Page 4 Emergency Veterinarian Medical Services*: $250 max. per animal (*Requires prior approval by City personnel. Limited to immediate stabilization and comfort) SECTION VI EQUIPMENT, SUPPLIES AND PERSONNEL A. VIDA shall provide all equipment,vehicles,supplies and personnel necessary to perform the services to be furnished by VIDA under the terms and conditions of this agreement. SECTION VII PUBLIC HEALTH RESPONSIBILITIES A. VIDA 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. SECTION IX SOCIETY EMPLOYEE STATUS A. All persons employed by VIDA for the performance of services to be provided pursuant to the terms and conditions of this agreement shall be employees or agents of VIDA. City shall not be called Upon to assume any liability for the direct payment of any salaries, wages or other compensation to any VIDA 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 VIDA's officers, agents and employees and VIDA shall have the full cooperation of City and of the officers, agents and employees of City in the performance and evaluation of the services. SECTION X INSURANCE AND LIABILITY A. VIDA will defend, indemnify, save and hold harmless the City its elected or appointed officers and employees from any and all liabilities, losses, demands, claims, causes of action, proceedings, suits, damages, judgments, costs and Agreement forAnimal Care and Sheltering Services Page 5 expenses of litigation including attorney's fees and from all expenses that may be incurred in investigating the same, arising from, or growing out of, any act or omission of VIDA, its contractors, agents or employees, in connection with the operation of VIDA's shelter, or in the performance of related duties under this agreement. VIDA shall fully inform all persons using or being upon VIDA's premises or conducting business at such location of the non-liability.of City for any act or neglect of VIDA, by posting an adequate number of notices to that effect in,about,or on said premises. B. VIDA shall at its own cost and expense secure and maintain the following insurance coverage and provide copies of its most current coverage/documents 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. • 2. 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 VIDA; (2) completed operations of the VIDA, of (3) premises owned, leased or used by VIDA. 3. Insurance shall be placed with insurers which are admitted in the State of California and have a current A.M. best rating of no less than A;VII. 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. 5. The 'VIDA shall file a Certificate of Liability Insurance and original • endorsements affecting coverage required by this section with the City. . 6. Proof of Worker's Compensation coverage shall be maintained as required by the State of California and provided to the City prior to the execution of this contract. Agreement forAnimal Care and Sheltering Services Page 6 SECTION XI RECORDS MANAGEMENT AND FINANCIAL ACCOUNTING A. VIDA agrees to maintain a comprehensive records management system and provide City with such records relating to the services performed under this agreement. All VIDA records relating to services provided or work performed pursuant to this agreement, 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 City request to inspect records or books, such costs shall be documented by VIDA and reimbursed to VIDA by City upon request by VIDA. B. VIDA shall comply with information access provisions in accordance with all applicable requirements as stipulated by the State of California. SECTION XII CONTRACT ADMINISTRATION A. VIDA shall provide, upon request by City, reports showing the number and species of animals impounded or received from the City. SECTION XIII LEGAL A. In the event that litigation is required to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees. SECTION XIV ASSIGNMENT A. VIDA shall not have the right,or power to sell, mortgage or assign this agreement or the powers granted to it or any interest therein. } Agreement forAnimal Care and Sheltering Services Page 7 SECTION XV MERGER A. This agreement represents the entire understanding between the parties hereto and supersedes any and all prior written or oral agreements or understanding between the parties. IN WITNESS WHEREOF, the'parties have authorized the individuals below to sign this Agreement on its behalf. } APPROVED AS TO FORM CITY OF ROSEMEAD City Attorney Steven'Ly, Mayor Date: Date: ATTEST: VOLUNTEERS IN DEFENSE OF ANIMALS • City Clerk Owner Date: 1 /-3 1 19