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CC - Item 6A - Proposed Agreement with the San Gabriel Valley Humane Society for Animal Selter and Care Services a rIII -; o........., R0sEMEAD CITY CCIV RIDE F EP „RATED A. TO THE HONORABLE MAYOR AND CITY COUNCIL FROM:: JEFF ALLRED, CITY MANAGER j"" DATE:. June 23rd, 2015 SUBJECT: . PROPOSED AGREEMENT WITH THE SAN GABRIEL VALLEY HUMANE SOCIETY FOR ANIMAL SHELTER AND CARE SERVICES SUMMARY The City Council will consider an agreement with the San Gabriel Valley Humane Society (SGV Humane Society) for kenneling and other animal related services to supplement the animal control services provided the City's Public Safety Department. The private, non-profit SGV Humane Society operates full-service animal shelter•and care services at its facility on Grand Avenue in.San Gabriel immediately adjacent to Rosemead's northern border. This new contractual relationship would replace an existing agreement with the Los Angeles County Department of Animal Care and Control shelter located in Baldwin Park. Contracting with the SGV Human a Society.in San Gabriel would enhance efficiency and productivity of City employees that perform animal control duties, and it would provide for improved accessibility and convenience for residents who currently have to travel to Baldwin Park. The City's proposed Budget for the upcoming_2015-16 fiscal year includes an allocation of$85,000 to cover.the.cost of this agreement. Staff Recommendation: That the City Council approve a two-year agreement with the San Gabriel Valley Humane Society effective on July 1, 2015, and authorize termination of the existing:. agreement with the Los Angeles County Department of Animal Care and Control. BACKGROUND/ ISSUES The City of Rosemead currently contracts with the Baldwin Park branch of the Los Angeles County.Department of.Animal Care and Control to provide animal shelter services for stray and surrendered animals collected within the city. Although the Baldwin Park facility is the closest County animal shelter to our city, the trip is still:a considerable distance from Rosemead. Travel times for our Code Enforcement Officers. and Community Services Officers who perform animal control duties lead to a significant amount of wasted time away from performing duties within the community. Additionally, due to the fact that the Baldwin Park facility serves many other local communities, Rosemead city employees must often wait extended periods:.of time to process animals Rosemead employees.currently pick up stray and surrendered animals six days a.week . . and make excursions to.the Baldwin Park facility as often as five,times per week. With 6 ITEM NUMBER: San Gabriel Valley Human Society Agreement June 9,2015 Page2of2 an average processing time of one hour per animal, coupled with the time spent travelling back and forth to the shelter, each trip results in no less than one and one-half to two hours per trip. At times the delays are much longer. Residents also share this disadvantage as they must travel and wait the same amount of time to obtain services at the County shelter in Baldwin Park, including the retrieval of lost animals and for the delivery of strays. In order to ensure that the City is able to secure the highest possible level of service at a reasonable cost for animal control and care services, it would be prudent for the City to enter into a contract with the SGV Humane Society rather than continuing its contractual relationship with the Los Angeles County Department of Animal Care and Control. The SGV Humane Society is located on the northern border of Rosemead, which will allow our employees to travel to this facility with no concerns of traffic at any time of day. Further, the SGV Humane Society will provide the City of Rosemead with dedicated kennels and access to employee only areas, so that our employees will be able to drop-off animals during busy times without having to contact Humane Society staff, allowing our employees to return to their duties more expeditiously. The neighboring cities of San Gabriel and Temple City also contract with the SGV Humane Society rather than Los Angeles County for animal care and sheltering services with positive results. FINANCIAL IMPACTS Currently, the City pays approximately $70,000 per year to Los Angeles County for services obtained at the Baldwin Park facility. In addition, the City pays approximately $3,500 per year to an animal disposal company for the pick-up and removal of dead animals. Recently, the City has been advised that costs for services provided by these two entities will be increased; therefore, estimates for annual total combined costs to the City could well exceed $80,000. The proposed services of the SGV Humane Society include dead animal pick-up and disposal as well as the full scope of animal care and control services after the City's regular business hours and on weekends. The slightly . higher costs of the SGV Humane Society agreement would be offset by enhanced productivity of the City's staff members and convenience to community residents. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by:. MICHAEL REYES PUBLIC SAFETY SUPERVISOR Attachment r ` CITY OF ROSEMEAD AGREEMENT FOR ANIMAL CARE AND CONTROL CONTRACT SERVICES This Agreement entered into this 1st 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 agreement shall become effective July 1, 2015, and shall continue until June 30, 2017. Unless either party gives express written notice of its intent to terminate this agreement at least ninety(90) days prior to the scheduled 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 II ANIMAL SHELTER SERVICES A. Humane 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.m. 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.m., on its days of operation. Humane Society's offices are closed on Mondays and specified holidays. Humane Society will accept animals from 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 animal'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 minimum 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, Humane 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 Humane Society. Humane Society shall not refuse to accept a City pet owner surrendering his/her animals provided that the owner agrees to pay such reasonable fees charged by the Humane Society. Humane Society shall not be required to euthanize 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 not 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 p.m. thru Mondays 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 AND 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 year/12 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 VI, 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 month for Service. City shall pay for each month's service within fifteen (15) days after receipt of said invoice. Said amount shall fully compensate Humane 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 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 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. The established rates are as follows: $40.00 Impound fee, $20.00 per day Board. SECTION VII 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. Humane Society shall make available, upon request of City, educational materials designed to promote humane education. Such materials shall be provided at cost to City. SECTION IX 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 EMPLOYEE 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 performance 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 Humane 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 liabilities, losses, claims, demands, actions, causes of action,proceedings, suits, damages, judgments, costs and 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 injury to or death of any person(s), damage 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 coverage/documents all of the following: 1. Comprehensive general liability coverage, including vehicle insurance in an amount no less than $1,000,000 combined single limit per occurrence, $2,000,000 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 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.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 Humane Society 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. 7. 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 performance of the provisions of this Agreement. SECTION XII RECORDS MANAGEMENT AND FINANCIAL ACCOUNTING A. Humane Society agrees to maintain a 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 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 Humane Society and reimbursed to Humane Society by City upon request by Humane Society. B. Humane Society shall comply with information access provisions in accordance with all applicable non-profit corporation requirements as stipulated by the State of California. SECTION XIII CONTRACT ADMINISTRATION A. Humane 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 of 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 XVI MERGER A. This agreement represents the entire understanding between the parties hereto and supercedes any and all prior written or oral agreements or understanding between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM CITY OF ROSEMEAD City Attorney City Manager Date: Date: SAN GABRIEL VALLEY HUMANE SOCIETY Board President Date: