HomeMy WebLinkAboutResolution 2015-097 N.C.S. 07/06/2015Resolution No. 2015 -097 N.C.S.
of the City of Petaluma, California
APPROVING THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH THE PETALUMA ANIMAL SERVICES FOUNDATION
WHEREAS, on July 2, 2012 the City Council approved and authorized the City
Manager to execute a Professional Services Agreement (Agreement) with the Petaluma Animal
Services Foundation (PASF) to provide animal services, effective August 1, 2012; and
WHEREAS, on February 24, 2014 the City Council approved the First Amendment to
the Agreement, which replaced and superseded the fee schedule labeled "Exhibit E" in the
Agreement approved in July 2012; and
WHEREAS, Section 2 (A) of the Agreement provides for a three -year term, and allows
that the City may extend the term for one (1) additional three -year period; and
WHEREAS, Section 10 (C) of the Agreement provides that the City shall retain a
portion of the Fees and Charges collected by the PASF; and
WHEREAS, the City and PASF wish to extend the Agreement through July 31, 2018,
and to modify the fee sharing arrangement to provide additional funding to PASF.
NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby
approves the Second Amendment to the Professional Services Agreement with the Petaluma
Animal Services Foundation, which extends the term of the Agreement to July 31, 2018 and
modifies the revenue sharing arrangement between the City and the PASF, which is attached to
and incorporated in this Resolution as Exhibit A.
REFERENCE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Under the power and authority conferred upon this Council by the Charter of said City.
I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 6`h day of July, 2015, form:
by the following vote:
Assistant City Attorney
Albertson, Barrett, Mayor Glass, Healy, Kearney, King, Vice Mayor Miller
None
None
Resolution No. 2015 -097 N.C.S. Page 1
EXHIBIT A
SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH PETALUMA ANIMAL SERVICES FOUNDATION
THE AGREEMENT entered into and effective as of August 1, 2015 by and between the City of
Petaluma, a municipal corporation and a charter city (hereinafter referred to as "City ") and the
Petaluma Animal Services Foundation (hereinafter referred to as "Contractor ") is hereby
amended as follows:
Section 2. TERM.
Thc. term of this amended Agreement ( "Term ") commences on August 1, 2015 and expires on
July 31, 2018 (Expiration Date ") unless the Agreement is: amended in accordance with Section
23 or the Agreement is terminated sooner, in accordance with Section 25.
A. Upon termination, any and all documents and materials City has provided to
Contractor and any and all of the documents or materials prepared for City or
relating to the performance of the Services, except for Contractor records that are
protected by law, such as Contractor attorney - client and work - product privileged
documents, and personally identifiable health information of Contractor employees
or prospective employees (unless the employee or prospective employee has
authorized the delivery) shall be delivered to the City as soon as possible, but not
later than sixty (60) days after termination of the Agreement.
Section 10. FEES AND CHARGES
A. Attached to and made a part of this Agreement as Exhibit "E" is a Fee Chart titled
"Exhibit E -PASF Fee Schedule 2/24/2014" that lists the maximum fees and charges that
the Contractor shall charge and collect from those persons receiving Services Contractor
performs pursuant to this Agreement for the Period August 1, 2015 through July 31, 2016.
B. Annually, beginning August 1, 2016, the fees and charges specified in Exhibit E may be
increased by an amount no greater than the increase in the Bay Area Consumer Price
Index since the prior year.
C. Each year during the term of the Agreement, $46,000 of the total amount collected by
the Contractor that year from charges for the performance of the Services shall be
retained by the City. To facilitate that transaction, the City will deduct $3,833 from the
amount otherwise due the Contractor as payment for each monthly invoice submitted
to the City for payment. For example, if Contractor's monthly invoice totals $39,851.67,
City shall pay $36,018.67.
IN WITNESS WHEREOF, the parties hereto have executed this document the day of
,20
CITY OF PETALUMA
City Manager
CONSULTANT
By
Signature
Resolution No. 2015 -097 N.C.S. Page 2
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Risk Manager
APPROVED:
Finance Director
Name and Title
Address
City
State Zip
Taxpayer I.D. Number
Petaluma Business Tax Certificate Number
Resolution No. 2015 -097 N.C.S. Page 3