HomeMy WebLinkAboutStaff Report 4.E 06/18/2018LU�i
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DATE: June 18, 2018
TO: Honorable Mayor and Members of the City Council
FROM: John C. Brown, City Manager
SUBJECT: Resolution Awarding and Authorizing the City Manager to Execute a Professional
Services Agreement with the Marin Humane Society, and all Related Documents,
to Provide Animal Control and Shelter Services
RECOMMENDATION
It is recommended that the City Council adopt a Resolution Awarding and Authorizing the City
Manager to Execute a Professional Services Agreement with the Marin Humane Society, and all
Related Documents, to Provide Animal Control and Shelter Services.
BACKGROUND
In August 2012, the City contracted its Animal Services programs to the Petaluma Animal
Services Foundation (PASF). The City -operated programs were impacted by a series of budget
cuts, positions had been eliminated, and another position reduction was under consideration as
part of the Fiscal Year 2012/13 budget. Serious concerns were raised over the viability of the
program and the welfare of animals housed at the Shelter, if additional budget cuts were made.
The PASF formed, and proposed that the City contract with them, to preserve the 2011/12
service level and to enhance services over time. The City Council considered the PASF proposal
in spring and early summer 2012, and determined to contract with the PASF. That decision
relied in part on the foundation status of the organization, which allowed the group to access
funding that is not available to municipalities.
The PASF hired most of the City's previous employees when it assumed operations. It also
acquired, through a lease, use of City -owned facilities and equipment and continued to operate,
autonomously, the programs formerly operated by the City. The agreement maintained the
City's estimated 2012/13 costs of Animal Services, $478,200, for the terin of the agreement and
conveyed to the City a $92,000 share of animal licensing fees collected by the PASF. The
Agreement had a three-year term, and allowed an extension of three additional years with mutual
agreement of the parties. The agreement was amended in 2014 to revise fees and charges; and in
2015 to exercise the option to extend the term of the agreement to July 31, 2018, and to increase
the share of animal licensing fees retained by the PASF.
The City contracted with the PASF for the benefits attendant to PASF's 2012 proposal, and the
City had objectives with respect to those benefits it wanted to satisfy. Contracting was intended
to: maintain viable Animal Services programs without further degradation of services or loss of
personnel; insulate the City from exposure to future cost increases; improve the health and
welfare of animals in the care of the Shelter; increase the number of animals adopted from the
shelter; provide training and rehabilitation for some animals to aid their successful adoption; and
to capitalize on the PASF's non-profit status to enhance fundraising and grant writing
opportunities to strengthen and expand programs. City expectations were that staffing would
increase, hours of operation would expand, and additional programs would be added. PASF has,
since 2012, obtained supplemental sources of funding, extended office hours, expanded services
and veterinary care, improved live release rates, partnered with other non-profit agencies, and
utilized social media and digital technology for promotions and to support operations and fund-
raising. PASF has quantified its activities through semi-annual and annual reports, submitted to
and reviewed by the City of Petaluma Animal Services Advisory Committee. Copies of these
reports are available on-line at http://ciiyofpetaluma.net/cclerk/archives.html, by following links
to the Advisory Committee's agendas. The Animal Services Advisory Committee reviews these
reports within its responsibilities related to matters of animal welfare but has no responsibilities
related to administration of the Animal Services program or the Agreement with the PASF.
In 2017, allegations of workplace discrimination, and financial and personnel management
improprieties involving PASF Management, were made within the PASF organization. PASF is
an independent contractor, governed by a board of directors, and as such the City's agreement
with PASF is not structured to provide City oversight of PASF operations. This is consistent
with one key test to determine if a contractor is independent and not an employee of a public
agency: whether they receive direction from the City or operate autonomously. City oversight
has been limited to assuring that the scope and conditions of PASF's agreement are met. The
agreement contains anti -discrimination requirements, professional standards, reporting
requirements, and obligation to show books and records, all of which enabled the City to work
closely with the PASF Board to determine how they investigated allegations, and how the Board
acted on the findings of its investigations. The Board made public financial records, but
maintains the privacy of its personnel investigations and any disciplinary actions it may have
taken. Given the questions and sentiments raised around these issues in late 2017 and early
2018, the City Council asked staff to circulate a request for proposals (RFP) to provide Animal
Services following the expiration of the existing agreement with PASF.
DISCUSSION
An RFP (Attachment 2) was developed, and was circulated in April, 2018. It was directed to
organizations that had shown an interest in providing services to the City. Four organizations
were contacted, and a link to the proposal was also placed on the City website home page.
Addendum #1 to the RFP (included as part of Attachment 2) was circulated in response to
questions posed about the RFP. Proposals were received from the PASF, the Marin Humane
Society (Marin Humane), and North Bay Animal Services (NBAS) by the May 2, 2018 deadline.
Due to the volume of material, copies of the proposals are not attached to this report. Copies are
posted on-line, however, with the agenda materials for the June 18, 2018 City Council meeting,
and copies are available for viewing in the City Cleric's Office. Any sensitive personal
information in the proposals has been redacted.
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Petaluma staff performed the initial review of proposals, for completeness and responsiveness to
the requirements of the RFP, and a selection committee was convened to review the proposals
for merit, and to conduct interviews with the proposer's teams. The review committee consisted
of representatives of the Petaluma City Manager's Office, a representative from the Petaluma
Police Department, and a representative of the Healdsburg Police Department. Healdsburg was
asked to serve in the evaluation process because they are currently contracting with PASF for
animal control services. Proposals were evaluated on the philosophies, experience, service
proposals, community relations practices, and efforts of the proposers to protect and enhance
animal well-being. Proposals were also rated on the basis of each organization's business plan,
records management system, staffing plan, supervisory and facilities maintenance practices,
personnel policies and procedures, volunteer management, capitalization, and references. These
are articulated in greater detail in pages 5 through 9 of Attachment 2. The selection criteria and
scoring used to rank the proposals is summarized on page 10 of the RPF.
Interviews were conducted with the proposer teams in mid-May, 2018. Each proposal had its
strengths, and weaknesses, but overall, Marin Humane's proposal was ranked the highest. The
NBAS team had a strong community-based and animal welfare -based proposal; it reflected a
great deal of thought, and the team showed strong enthusiasm for taking up the challenge of
establishing a new Animal Service entity. With respect to background and experience, however,
the group as a functioning organization has none. As such, it did not score as strongly as it might
have with a track record of experience. PASF's performance over the past six years has shown it
has had the ability to provide the range of animal services desired by the City. Its proposal,
however, and interview responses, could have been more detailed, and they did not show the
same level of engagement or enthusiasm as their competitors in the interviews. Although PASF
recently adopted financial and personnel policies to address the concerns that have been raised
about their management practices, these polices are essentially untested, as are the policies that
would be — but have not yet been — employed by NBAS.
In summary, Marin Humane was judged to have the greatest amount of relevant background and
experience, having been in operation for several decades and providing the full range of animal
services to all Marin County jurisdictions since 1979 through a Joint Powers Agreement. They
possess the most well-developed management structure, including a highly qualified Board, and
highly qualified and experienced management staff. Marin Humane is on sound financial
footing, maintains adequate reserves, undergoes regular financial audits, and has proven fiscal,
personnel, and whistle -blower policies in use. Further, Marin Humane offers programs beyond
those currently provided in Petaluma, including education and training programs. They have an
extensive volunteer and partner network, are versed in industry best practices, and come highly
recommended by clients and colleagues. They also offer a competitive compensation package to
their employees, and have employees living in Sonoma County that can be rotated. into service in
Petaluma. In short, they are a long-established, highly qualified, well-functioning and fully
committed organization that appeals best suited to provide professional animal services pursuant
to a contract with Petaluma, and to advance the Council's objectives for outsourcing Animal
Services in 2012.
Due to their lack of familiarity with the inventory of equipment that will transfer with the
contract, Marin Humane's responses regarding exactly how it will provide services came with
that caveat. Marin Humane will be able to familiarize itself with PASF inventories and
operations during transition. Marin Humane has indicated they are willing and able to work
through any difficulties that may arise, but may require City assistance in addressing serious
difficulties. The existence or nature of such difficulties is presently unknown. It should be
noted that all three proposers offered to maintain Petaluma's cost of service and share of
licensing revenues at current levels. Marin Humane's pro -forma also includes a contribution of
their funds to the engagement until additional donations and grant funding are secured.
Petaluma staff conducted a follow-up interview with the Marin Humane team in late May, 2018,
to ask clarifying questions, to discuss operational and transition issues, their proposed fee
schedule, legislation, timing, and to indicate to Marin Humane that they would be recommended
as the proposer of choice to the City Council. PASF and NBAS representatives were contacted
within the following week and advised of the tentative recommendation.
Since then, questions have been raised regarding Marin Humane, many of which are repetitive
and are not addressed point -by -point in this report. In general, three areas of concern have been
raised: the services that will be available to Petaluma residents in Petaluma; Marin Humane's
philosophy and practices regarding euthanizing animals; and the proposed fee schedule. These
are discussed below. Marin Humane will attend the Council's June 18, 2018 meeting and be
available to answer the Council's questions regarding its proposal or the organization.
Marin Humane proposes a full-service animal control program, staffed with a minimum of two
Animal Control officers assigned to Petaluma. It also proposes a full-service shelter, regularly
staffed with two full time animal care employees, and an on-site manager — all supported by
volunteers. Marin Humane is also exploring the possibility of placing a part-time veterinarian
on-site. Support services will be provided from the organization's campus in Novato. Marin
Humane indicates the services that have been available to Petaluma residents will continue to be
available in Petaluma. Petaluma residents will continue to be able to license animals in
Petaluma, redeem lost animals in Petaluma, and adopt animals in Petaluma. Marin Humane
provided the following information to help address concerns in this area:
Services that will be offered or continue to be offered:
• Accepting guardian surrendered animals and lost pets
• Reuniting lost pets — scanning all animals in the field, scanning lost pets found by the
public, taking lost and found reports, posting found pets on our website and preparing a
nightly recording of stray animals in our care
• Adoptions in Petaluma, Novato campus and occasional off site adoption events
• Volunteer opportunities
• Foster Care
• Animal Law enforcement — upholding regulations and investigating complaints
• Providing educational and practical resources on animal behavior, training, disaster
preparedness, living with wildlife, etc.
• Utilizing social media and website to be a resource to the community
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• Dog License sales (both online and at the shelter)
• Partner with other animal welfare groups and pet businesses in Sonoma County
• Mobile offsite adoptions and events
• Make available the Marin Humane behavior hotline resource (for dog and cat behavior
consultation needs)
• Offer assistance and additional resources for people needing to rehome their pet
• Ensure all animals leaving are microchipped, have visible identification and collars
• Provide discounts to Marin Humane training classes to all dog adopters in Petaluma
• Potentially more convenient hours than are currently available for the public to access
services.
Services that will NOT be available or offered:
• Shelter services beyond business hours
• Dispatching animals with firearms
• Euthanizing healthy, adoptable pets
• Euthanizing healthy, native wildlife or providing traps for perceived nuisance wildlife
• Due to the facility limitations, Marin Humane does not expect to offer public spay/neuter
surgeries at the facility (but have other resources and can develop partnerships to
encourage spay/neuter).
One potential difference that was raised during the follow-up interview with Marin Humane is
the manner in which they respond to barking dog complaints. Marin Humane has indicated a
preference to handle barking dog complaints through training and education with an animal's
owner, rather than through direct enforcement unless the barking is an animal welfare issue. The
level of response to and enforcement of barking dog complaints will be addressed during
contract negotiations, and finalization of the contracted scope of work.
With respect to euthanasia, regardless of policy, proposers acknowledge a "no -kill" shelter is not
an absolute. The physical condition of some animals will dictate the most humane treatment that
can be afforded thein is euthanasia. Others may pose so significant a threat to the safety of
humans or other animals that euthanasia is viewed as the most appropriate option available for
that animal. This has been acknowledged by PASF when discussing its live release statistics
with the Animal Services Advisory Committee as part of semi-annual and annual reporting.
PASF's live release rates over the past six years, as a percentage, have been reported from a low
of 96.75% to a high of 99.52%.
Marin Humane indicates it does not euthanize an animal due to lack of space or time awaiting
adoption. They strictly follow an adopted policy for euthanizing animals that is followed in
every case and considers many factors. The health and well-being of the animal is always a
priority. Alternative options are always explored. When the decision to proceed with euthanasia
is made, Marin Humane provides the most humane treatment possible.
Of interest, and by way of explaining percentage differences in live release rates between Marin
Humane and PASF, Marin Humane offers euthanasia as a community service, while PASF does
not. Marin Humane indicates some owners prefer to take their animals to the shelter because
they cannot pay, or do not wish to interact with their vet, for this service. When Marin's
statistics for 2017 are adjusted to remove owner -requested euthanasia, their intake numbers for
canines and felines were 3,499, with a live release total of 3,291. This is a 94% live release rate.
In the 2017 calendar year, PASF reported 1,346 total animals on intake, 572 adopted and 35
euthanized. 739 animals were left with unreported outcomes.
With respect to Marin Humane's proposed fee schedule, which is included as Attachment 15 to
their proposal, it is in many respects, and overall, higher than PASF's current fee schedule or that
proposed by NBAS. Marin's fee schedule does provide advantages for seniors, for example, but
reflects a philosophy and is intended to influence behaviors. Marin Humane has indicated that it
uses a variety of incentives that modify and lessen the impact of fees, including discount events,
fee waivers sponsored by donors, and working with patrons on the basis of needs, circumstances,
and resources. Petaluma staff has asked Marin Humane to review its fee schedule with the goal
of reducing it where that snakes operational sense; this would also be a subject to be negotiated
in the contract.
The decision to issue an RFP followed several months of working with the PASF, while they
completed the investigations noted earlier in this report, and for City staff to understand and
coordinate on their follow up actions. This compressed the time available to conduct the
competitive process, and is allowing little time for a transition from the current contractor to a
new one. Six years ago, the report that came to Council did not include a contract ready for
approval or execution. The City Council was provided a working draft and was requested to
authorize the City Manager to execute a fully -negotiated document and all accompanying
documents — such as the site lease.
Given the time constraints between now and July 31, this same approach is necessary: award the
contract and follow that with an executed document. To wait for a completed contract leaves
insufficient time to transition services from PASF to Marin Humane.
Attachment 3 is a copy of the existing agreement, which will serve as a model for the successor
agreement. A more detailed scope of work will accompany the new contract, the City's
oversight provisions will be strengthened, and any issues specific to negotiations are what would
be expected as the major changes from the existing agreement.
In general, the agreement will transfer responsibility for the Animal Services program to Marin
Humane, effective August 1, 2018. The scope of work will incorporate much of what is
currently being conducted by PASF, and the enhancements proposed by Marin Humane. An
initial term of three years is proposed, with a similar renewal period based on the contractor's
satisfactory performance. The City would be obligated to a maximum payment of $478,000 per
year, based on actual expenses. Marin Humane's books and records related to Petaluma will be
subject to examination by the City, at the request of the City.
Marin Humane already has, but will be required to maintain non-discriminatory guidelines for
hiring only qualified individuals, and will be asked to make an effort to hire individuals formerly
employed by the PASF. Employee compensation will be consistent with the organization's
current salary and benefits schedules. Portions of the scope of work may be subcontracted Nvith
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the City's prior approval. Marin Humane and any subcontractors are subject to the City's Living
Wage Ordinance.
Marin Humane will be required to charge no more than the fee schedule negotiated with the
agreement, as may be adjusted annually by CPI. They will be allowed to charge less at their
discretion. The City will retain $46,000 each year of the licensing fee revenue, as with the
current agreement; Marin Humane will retain all other fees and charges.
City -owned facilities and equipment currently used to provide Animal Services will be
transferred under the agreement to Marin Humane for its use, will be required to be maintained
in good working order, and will revert to the City if the agreement is terminated.
Marin Humane will be required to comply with the City's standard insurance and
indemnification requirements, including indemnifying and defending the City from any claims
arising from its performance, or that of any subcontractors, under the agreement. They, and any
subcontractors, will have to obtain and maintain all required licenses and permits, including
those of a professional nature and a City business license. Marin Humane will also be required to
maintain its records, and make them available for inspections and audit. They will also be
responsible for providing comprehensive semi-annual reports on their programs and activities.
FINANCIAL IMPACTS
No changes in the City's costs for Animal Services are currently anticipated; Marin Humane is
proposing to provide the full range of animal services sought by the City of Petaluma at a cost of
$478,000. This does not include contingencies for transitional costs that may need to be
resolved. In addition, the City will retain $46,000 in fees and charges collected for Animal
Services.
ATTACHMENTS
1. Resolution
2. Request for Proposals for Animal Services
3. PASF Professional Services Agreement (including Amendments 1 and 2)
ATTACHMENT 1
RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE MARIN
HUMANE, AND ALL RELATED DOCUMENTS, TO PROVIDE ANIMAL CONTROL
AND SHELTER SERVICES
WHEREAS, in 2012 and due to budget constraints, the City Council found it necessary to
reduce the cost of the Animal Services Program; and
WHEREAS, in August 2012 the City entered into an agreement with the Petaluma Animal
Services Foundation (PASF) to provide the full range of Animal Services to the residents of the City
of Petaluma; and
WHEREAS, said agreement was for an initial term of three years, but allowed for one three-
year extension, and in 2015 the agreement was extended for an additional three-year term, expiring
on July 31, 2018; and
WHEREAS, prior to the expiration of the current agreement, the City Council directed that
proposals to provide a full range of Animal Services to the residents of Petaluma be solicited from
organizations capable of providing such services; and
WHEREAS, in April 2018, a request for proposals (RFP) was completed, posted on the
City's website, and directed to those organizations indicating an interest in providing animal services
to the City; and
WHEREAS, three proposals were received by the May 2, 2018 deadline; and
WHEREAS, all three proposals were evaluated, proposer teams interviewed, and proposals
ranked utilizing selection criteria identified in the RFP; and
WHEREAS, the proposal submitted by the Marin Humane was judged as best addressing the
City's needs and satisfying selection criteria; and
WHEREAS, the City Council finds that entering into an agreement with the Marin Humane
preserves the existing level of Animal Services provided to the community, with the opportunity to
expand and enhance those services, and is in the best interests of the residents of the City of
Petaluma.
NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby awards
and authorizes the City Manager to execute on behalf of the City of Petaluma a Professional Services
Agreement with the Marin Humane, and all related documents, effective August 1, 2018.
ATTACHMENT 2
<<,
CITY OF PETALUMA
REQUEST FOR PROPOSALS
A. SERVICES
DIRECT QUESTIONS AND PROPOSALS TO:
INGRID ALVERDE
CITY MANAGER'S OFFICE
11 ENGLISH STREET
PETALUMA, CA 94952
,4,1
INTRODUCTION..................................................................................................... 3
RFP INSTRUCTIONS, NOTIFICATIONS, AND LIMITATIONS ................................................ 4
RFP RESPONSE FORMAT / SUBMITTAL REQUIREMENTS ........................................... 5
INTRODUCTION................................................................................................................... 5
OPERATOR BACKGROUND AND EXPERIENCE....................................................................... 5
SERVICEPROPOSAL............................................................................................................. 6
BUSINESSPLAN...................................................................................................................8
STAFFING AND PERSONNEL MANAGEMENT........................................................................9
SUBMITTALFORMAT.............................................................................................9
SELECTION CRITERIA AND SCORING...................................................................... 10
PROPOSAL PROCESS / RFP TIMELINE.................................................................... 11
ATTACHMENTS
1. ANIMAL SERVICES CONTRACT
Petaluma RFP—AnimalServices, April 2018 Page 2
Prior to July 2012, the City of Petaluma operated an Animal Services Division, which was
responsible for the full range of animal shelter care, licensing, patrol, and response services. On
August 1, 2012, the City of Petaluma entered into an agreement with the Petaluma Animal
Services Foundation and transferred animal services responsibilities to the Foundation. The
goals for contracting animal services to a not-for-profit organization were to: reduce costs;
insulate the City from future cost increases; improve animal health and wellbeing; and access
fundraising and grant funding opportunities that are not available to municipalities.
The agreement supplies the full range of animal services, at a cost at approximately $478,000
per year. The City and the Foundation share licensing revenues, and the Foundation's fee
schedule is set by the contract. Changes to the fee schedule must be approved by the City
Council. The agreement incorporated provisions to facilitate a seamless transition from a City
service to a contracted service, and included hiring and compensation preferences related to
the City's former employees. The contract further conveyed city vehicles and equipment to the
Foundation for use during the term of the agreement, and leased the City's Animal Shelter to
the Foundation for $1 per year.
This model achieves the City's goals, and the City desires to continue contracting for the full
range of high-quality animal services. It is important that the City preserves the cost -control
benefits inherent in the agreement. The original agreement was extended twice; the City now
wishes to utilize a competitive bidding process — to assure that the highest quality services are
provided at the lowest tax -payer cost. Accordingly, this request for proposals is being issued.
A multi-year agreement is contemplated but will be dependent on how well proposals meet the
City's need and ultimately on the vendor of choice. The existing agreement (Attachment 1) will
be the basis for the successor agreement, but will be subject to amendments to update City
requirements and to reflect any additional provisions that may be agreed upon by the parties.
The vendor of choice is required to be a fully independent, not-for-profit agency. Because of
the City's close connection with the program, however, ownership of facilities and equipment,
and accountability to Petaluma residents for the manner in which services are provided, the
vendor of choice and all its employees will be required to adopt and adhere to best practices
and procedures that reflect well on the City, comport at all times to the same ethical standards
that apply to public employees, and comply with all local, state or federal laws. Failure to do so
will constitute a breach of the agreement, and provide grounds for terminating the contract.
Petaluma RFP — Animal Services, April 2018 Page 3
All Information True — By submitting a response, proposers represent and warrant to the
City that all information provided in the response submitted is true, correct and
complete. Proposers who provide false, misleading or incomplete information, whether
intentional or not, in any of the documents presented to the City for consideration in the
selection processed, may be excluded.
2. Non -Conforming Proposal — A proposal shall be prepared and submitted in accordance
with the provisions of these RFP instructions and specifications. Any alternation,
omission, addition, variance, or limitations of, from or to a proposal may be sufficient
grounds for non-acceptance of the proposal, at the sole discretion of the City.
3. Interviews — After the initial evaluation of the written proposals, proposers will be
notified of their status in the selection process. Proposers should expect and anticipate
subsequent interviews.
4. Inquiries —Written questions regarding the RFP should be submitted by the listed
deadline. No verbal questions or inquiries will be accepted. All written inquiries may be
made available to all interested proposers. The City may publish a subsequent RFP
addendum responding to questions for which proposers may be required to
acknowledge receipt.
Cost of Responses — The City is not responsible for the costs incurred by anyone
preparing or submitting responses to this proposal.
Limitations —This RFP is not to be construed as an offer, a contract, or a commitment of
any kind.
7. No Obligations—The City reserves the right to: (1) evaluate the proposals submitted; (2)
waive any irregularities therein; (3) select candidates for the submittal of more detailed
or alternate proposals; (4) accept any submittal or portion of submittal; (5) reject any or
all, proposals; or (6) cancel the entire process.
8. Final Decision — The City's decision regarding the selection or non -selection of any or all
applicants is final.
Petaluma RFP — Animal Services, April 2018 Page 4 i_
INTRODUCTION
1. Title Page Cover: This should include the name of the proposing business.
2. Table of Contents: Please include a table of contents for the RFP response.
3. Transmittal Letter: The letter should identify the following:
a. Proposer
b. Brief overview of qualifications
c. Contact information
d. Acknowledgment that information provided in proposal is true, accurate, and
current
Address letter to:
Ingrid Alverde
City of Petaluma
11 English Street
Petaluma, CA 94952
I
OPERATOR BACKGROUND AND EXPERIENCE
1. TEAM INFORMATION
a. Business Name, Address, Phone Number
b. Business structure (I.E. Not for Profit, Etc.)
c. Number of years providing comparable services.
d. Names of members of the governing board
e. Name of chief executive
f. Primary contact
2. PHILOSOPHY
a. Describe your organization's animal services philosophy.
Petaluma RFP — Animal Services, April 2018 Page 5
3. EXPERIENCE
a. Include a brief history and description of your company / organization.
b. Describe your team's areas of expertise.
c. Describe your organization's experience providing animal services for public
agencies, and operating animal shelters.
i. Describe those attributes or service delivery programs that differentiate your
organization from similar providers.
ii. Discuss any areas of your operation that have functioned less than successfully,
or were perceived by the public as functioned so. Include reasons/rationale,
lessons learned, and preventative or remedial steps taken as a result.
iii. What is the key to operating successful animal services programs?
d. Provide an organizational chart that reflects team member responsibilities.
e. Provide resumes for each member of the governing board and each member of the
, proposed management team.
f. Include at least three references — public sector references preferred
SERVICE PROPOSAL
1. SERVICE PLAN AND OPERATIONS PROPOSAL
a. Describe how your proposed service plan meets or exceeds the City's required services.
(see Attachment 1, Exhibit A)
b. If the proposal offers additional services, please describe how these services will be
funded, and how they will benefit Petaluma.
c. Describe in detail how your organization will provide animal services
i. How many staff will be assigned to Petaluma?
ii. Who will conduct daily operations?
iii. What equipment, facilities, and resources will you bring to Petaluma?
iv. What equipment and facilities will be needed from Petaluma so that your
organization can provide the full range of contemplated services?
Petaluma RFP — Animal Services, April 2018 Page 6
V. If you provide services to other jurisdictions, describe what services you provide,
to whom, how you provide them, and how you will be able to perform to
Petaluma's expectations as one of multiple clients.
2. COMMUNITY RELATIONS
a. Describe and quantify the various methods your organization employs to engage in
community outreach in your client communities.
b. Describe the methods you will employ to engage the Petaluma community.
c. Describe the use of technology by your organization to enhance community
engagement and provide online services and outreach. Include a description of the
social media platforms to be deployed.
d. Discuss your public education program(s). Describe your communication goals and
methods, quantify how effective those efforts are, and describe the program of public
education and outreach you propose for Petaluma.
e. What processes and procedures will be utilized for addressing public complaints,
including mechanisms for follow-up?
3. ANIMAL WELL BEING
a. How will the City's goal to increase animal wellbeing be addressed?
b. Describe your organization's operational outcomes at other shelters?
c. Do you oversee a no kill shelter?
i. How is animal well being assured?
ii. How do you find forever homes for animals?
iii. How do you propose to provide prompt, effective, humane medical services for
animals in the care of the Petaluma Shelter? What services will you provide in-
house, and what will you contract out?
iv. What procedures will you follow in caring for special needs animals?
V. What kind of animals are your organization accustomed to working with?
vi. How do you assess and what programs do you propose to address animal
behavior?
vii. Do you oversee a spay / neuter program?
Petaluma RFP — Animal Services, April 2018 Page 7
viii. If so, describe the success and limitations of the program.
4. BUSINESS REQUIREMENTS
a. Provide a copy of your proposed fee schedule, and highlight any differences between
that schedule and the fee structure currently charged by PASF (see Attachment 1) and
approved by the City.
b. Describe your limits of coverage and how you will meet the City's insurance and
indemnification requirements.
c. Discuss your fundraising activities, including granting sources that could be relied upon to
support Petaluma operations.
d. Detail how your organization tracks expenses, segregates funds, and assures proper use
of dedicated funds. Detail any additional steps you take to assure accountability for
public monies conveyed to and utilized by your organization.
5. RECO►RDS MANAGEMENT
a. What system(s) do you use/will you use to maintain case records, vaccinations, licensing,
animal health, violations, and complaints, etc.
b. How do you track donations?
c. Discuss any periodic reporting you conduct for your public agency clients, and provide an
example of a recent annual or semi-annual report.
6. FACILITY MAINTENANCE
a. Describe your organization's experience maintaining an animal shelter and other animal
facilities?
b. Describe the standards of cleanliness adhered to in other animal facilities you oversee,
and the standard that will be maintained in Petaluma.
BUSINESS PLAN
1, PRG FORMA
a. Provide a financial pro forma demonstrating how your organization will provide the
requested services funded through City's fee -for services agreement and approved fee
schedule, while at the same time paying the city's required salaries and providing
required insurance and facility maintenance.
2. AVAILABLE CAPITAL
a. How is your organization capitalized? What is your annual fundraising goal? Do you
achieve it? How much money does your organization have in reserves?
Petaluma RFP — Animal Services, April 2018 Page 8
3. FINANCIAL REFERENCES
a. Provide the most current audited financial statement for your organization.
STAFFING AND PERSONNEL MANAGEMENT
1. STAFFING PLAN
a. How will you staff Animal services investigation, patrol and public response?
b. How will you staff the Petaluma shelter?
c. Discuss the extent to which you would need or want to onboard current PASF personnel
to meets your staffing needs.
d. Describe how your compensation schedule meets the City's requirements for salary
minimums.
e. Describe the professional certifications and licenses held by your proposed staff.
2. POLICIES AND PROCEDURES
a. Provide copies of all applicable personnel and cash handling policies, regulations, and
procedures adopted employed by your organization.
b. Discuss specifically, how your organization addresses personnel grievances and or
discipline, and how that may differ, if at all, from the processes employed by public
agencies.
c. Describe your system for maintaining personnel records and files.
3. STAFF SUPERVISION
a. Discuss management/supervisor to staff ratios in each program area of operations.
b. How are supervisors in your organization trained?
c. What training programs will be provided to your staff
d. How is staff performance overseen, tracked and improved?
e. How and how often will the Board evaluate management and supervisory performance?
4. VOLUNTEER MANAGEMENT
a. Describe your proposed volunteer management plan.
b. How do you currently engage and support volunteers?
1. Copies of the submittal package must be submitted to the City Manager's Office, 11
English Street, Petaluma, CA 94952, to the attention of Ms. Ingrid Alve.rde, by 5 pm on
the due date.
Petaluma RFP — Animal Services, April 2018 Page 9
2. 5 paper copies, with semi-permanent binding should be submitted, along with one
electronic copy.
3. Pages should be no larger than 8 X x 11 or folded to that size.
BACKGROUND AND,
EXPERIENCE
PROPOSED SERVICE PLAN
SERVICE PLAN VIABILITY
PERSONNEL MANAGEMENT
REFERENCES
TOTAL
Proposing organization or business has 20 points
experience managing animal services
(experience with public entities a plus.)
Staff of organization or business is properly
certified and experienced providing animal
services. Organization has positive track
record providing similar services.
Proposed plan includes all required
30 points
services. Additional points for service plan
that provides additional services or can
provide the requested services more
efficiently without compromising quality.
Organization is sufficiently funded to take
20 points .
over the animal service contract including
sufficient cash flow to pay payroll expenses
and cover other out of pocket costs until
the collection of fees for service can cover
costs.
Proposal includes strop .
g personnel policies
15 points
including discipline and grievance policies.
The organization has a strong track record
of upholding these policies and meeting all
local, state and federal employment laws.
Proposer references are positive. Extra
15 points
weight given to public sector references
Total possible points 100 points
Petaluma RFP —,Animal Services, April 2018
Page 10 x ,r
The following table lists key dates in the proposal process. Dates may change, at the City's sole
discretion. Proposals received after the submission deadline, and proposals deemed by the
City to be incomplete, will be rejected.
QGD r4;c+rik 4..
"""April
11, 2018
r's written questions to clarify RFP
addendum.to RFP, if necessary
April 18, 2018of
April 23, 2018s
due
L
May 2, 2018
Panel
May 9, 2018tion
Selection
May 14, 2018
cil Awards Contract
June 4, 2018
Date of New Agreement -
August 1, 2018
Petaluma RFP—Animal Services, April 2018
Page 11
ANSWERS TO QUESTIONS POSED
Question: Because we are a new entity, we want to make sure we qualify to submit a proposal
and can use our team members' experience with other organizations to respond to
section 3 on Operator Background and Experience.
Answer: If you are not able to provide directly relatable experience, please provide
information about how your group has experience running programs that are
accountable to the public.
Question: In 3f. What is meant by 'public sector'? Would other non -profits qualify? What about
the Police Department? Could you provide some examples?
Answer: The best public -sector references would be from an organization or Agency that is
answerable to the public. A member of a police department would be a good
choice.
Question: In the Staffing and Personnel Management section, 1d & Exhibit G refer to Petaluma
Municipal Code Section 8.36.120. 1 found Chapter 8.36 Living Wage online. Section
8.36.060 establishes the baseline for the Living Wage at $13.20 in 2007, Section D
calls for annual cost of living increases. What is the current Living Wage calculated
by the City of Petaluma?
Answer: Resolution 2017 - 79 is the most recent resetting of the Living Wage. Here is what it
says:
NOW, THEREFORE, BE IT RESOLVED that pursuant to Petaluma Municipal Code
Section 8. 36.060.D, the City Council adopts a 3. 5% COLA adjustment to the Living
Wage and effective July 1, 2016 the Living Wage is $ 14.99 per hour with an
employer contribution toward medical benefits of at least $ 1. 50 per hour per
employee, and $ 16. 80 per hour without said contribution.
This is reset annually and scheduled to be updated soon
Addendum 9 1 to Animal Services RFP Issued April 19, 2018
ATTACHMENT 3
SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
PETALUMA ANIMAL SERVICES FOUNDATION
THE AGREEMENT entered into and effective as of August t, 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.
The 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 Charttitled
"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, begimiing 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 c -V day of
20 j t5
CITY OF PETALLLW
City Manager
ATTEST:
City Clerk
APPR D AS TO FORM:
City Attorney
APP OVED:
ager
Finance erector
CONSULT
Signature
Name and Title
Address
fWvt r uMA- CA- 9LN5-2-
City State Zip
- 2-1!&-&, 12-0
Taxpayer I.D. Number
Petaluma Business Tax Certificate Number
Attachment 1
(to Amendment # 1 of Agreement)
EXHIBIT E - PASF FEE SCHEDULE, 2/24/2014 *
DESCRIPTION
CATEGORY
FEE
Dog License Altered
License
$20
Dog License Unaltered
License
$25
Dog License Late Fee
License
$21
Tag Replacement
License
$6
Large Tag
License
$7
Small Tag
License
$6
Engravable Collar
License
$20
Dog Adoption
Adoption
$90
Cat Adoption
Adoption
$70
Barn Cat Adoption
adoption
$0
Rabbit Adoption
Adoption
$10
Small Animal Adoption
Adoption
$10
Large Bird Adoption
Adoption
$36
Small Bird Adoption
Adoption
$25
Cat Carrier
Adoption
$5
Altered Animal Redemption
Owner Redemption
$45
Unaltered Animal Redemption
Owner Redemption
$45
Spay Neuter Fine - first occurrence
Owner Redemption
$30
Spay Neuter Fine - second occurrence
Owner Redemption
$50
Spay Neuter Fine - third occurrence
Owner Redemption
$100
Board
Owner Redemption
$20/day
Bite Quarantine Board
Owner Redemption
$32/day
Owner Surrender Dog Altered
Surrender Intake
$46
Owner Surrender Dog Unaltered
Surrender Intake
$69
Owner Surrender Cat Altered
Surrender Intake
$46
Owner Surrender Cat Unaltered
Surrender Intake
$69
Owner Surrender Small Animal Altered
Surrender Intake
$46
Owner.Surrender Small Animal Unaltered
Surrender Intake
$69
Surrender of Litter
Surrender Intake
$19
ACO transport animal to vet
Field Services
$75
ACO transport to vet after hours
Field Services
$175
ACO Field Euthanasia
Field Services
$106
PD assist during business hours.
Field Services
$75
PD assist after business hours
Field Services
$175
ACO Service Fee
Field Services
$70
* Fees may be adjusted, annually, on or after August 1, 2014 by the change in the
Consumer Price Index from the one year prior, All Urban Consumers - San Francisco
EXHIBIT E - PASF FEE SCHEDULE, 2/24/2014 *
DESCRIPTION
CATEGORY
FEE
PTS Trapped Wildlife
Field Services
Release Trapped Wildlife
Field Services
Disposal/Euth Cat
DOA
Disposal/Euth Small Animal
DOA
Disposal/Euth Dog less than 50
DOA
Group Cremation Dog
DOA
Group Cremation Cat
DOA
Group Cremation 75-99 pounds
DOA
Group Cremation 100+ pounds
DOA
Private Cremation 0-2 pounds
DOA
Private Cremation 3-49 pounds
DOA
Private Cremation 50-99 pounds
DOA
Private Cremation 100+ pounds
DOA
Private Cremation paw print
DOA
Cost plus
Spay Neuter
Clinic
admin.
Cost plus
Vaccines .
Clinic
admin.
Cost plus
Dental
Clinic
admin.
Cost plus
Owner Requested Euthanasia
Clinic
admin.
Cost plus
Microchip Dog
Clinic
admin.
Cost plus
Microchip Cat
Clinic
admin.
* Fees may be adjusted, annually, on or after August 1, 2014 by the change in the
Consumer Price Index from the one year prior, All Urban Consumers - San Francisco
$86
$57
$42
$26
$42
$54
$48
$54
$75
$140
$140
$175
$260
$84
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
PETALUMA ANIMAL SERVICES FOUNDATION
THE AGREEMENT entered into and effective as of July 30, 2012, by and between the City of
Petaluma, a municipal corporation and a charter city (hereinafter referred to as "City") and
Petaluma Animal Services Foundation (hereinafter referred to as "Consultant") is hereby
amended as follows:
EXHIBIT E, the schedule of maximum allowable fees for the period from August 1, 2012
through July 31, 2013 is replaced and superseded by fee schedule, titled "Exhibit E — PASF
Fee Schedule 2/24/2014" and included as Attachment 1 to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this document the day of
20�.
CITY OF PETALUMA CONS TANT
By
City Manager ignature
ATTEST: Jeff Charter Executive Director
Name and Title
A
"- -- 840 Hopper Street
City Clerk �— Address
APP VED T FORM:
77r. C/ / q
City Attorney
Department Director
VED:
Ri,k pager
AP V
nee Director
Petaluma, CA 94952
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Certificate'Number
Afitachment T
{to An+md m-eflt 9-1 of`Agreemenl
EXHIBIT E - PASF FEE SCHEDULE, 2/24/2014 *
DESCRIPTION
CATEGORY
FEE
Dog License Altered
License
$20
Dog License Unaltered
License
$25
Dog License Late Fee
License
$21
Tag Replacement
License
$6
Large Tag
License
$7
Small Tag
License
$6
Engravable Collar
License
$20
Dog Adoption
Adoption
$90
Cat Adoption
Adoption
$70
Barn Cat Adoption
adoption
$0
Rabbit Adoption
Adoption
$10
Small Animal Adoption
Adoption
$10
Large Bird Adoption,
Adoption
$36
Small Bird Adoption
. Adoption
$25
Cat Carrier
Adoption
$5
Altered Animal Redemption
Owner Redemption
$45
Unaltered Animal Redemption
Owner Redemption
$45
Spay Neuter Fine - first occurrence
Owner Redemption
$30
Spay Neuter Fine - second occurrence
Owner Redemption
$50
Spay Neuter Fine - third occurrence
Owner Redemption
$100
Board
Owner Redemption
$20/day
Bite Quarantine Board
Owner Redemption
$32/day
Owner Surrender Dog Altered
Surrender Intake
$46
Owner Surrender Dog Unaltered
Surrender Intake
$69
Owner Surrender Cat Altered
Surrender Intake
$46
Owner Surrender Cat Unaltered
Surrender Intake
$69
Owner Surrender Small Animal Altered
Surrender Intake
$46
Owner Surrender Small Animal Unaltered
Surrender Intake
$69
Surrender of Litter
Surrender Intake
$19
ACO transport animal to vet
Field Services
$75
ACO transport to vet after hours
Field Services
$175
ACO Field Euthanasia
Field Services
$106
PD assist during business hours
Field Services
$75
PD assist after business hours
Field Services
$175
ACO Service Fee
Field Services
$70
* Fees may be adjusted, annually, on or after August 1, 2014 by the change in the
Consumer Price Index from the one year prior, All Urban Consumers - San Francisco
EXHIBIT E - PASF FEE SCHEDUE, 2/24/2014 `
DESCRIPTION
CATEGORY
FEE
PTS Trapped Wildlife
Field Services
Release Trapped Wildlife
Field Services
Disposal/Euth Cat
DOA
Disposal/Euth Small Animal
DOA
Disposal/Euth Dog less than 50
DOA
Group Cremation Dog
DOA
Group Cremation Cat
DOA
Group Cremation 75-99 pounds
DOA
Group Cremation 100+ pounds
DOA
Private Cremation 0-2 pounds
DOA
Private Cremation 3-49 pounds
DOA
Private Cremation 50-99 pounds
DOA
Private Cremation 100+ pounds
DOA
Private Cremation paw print
DOA
Cost plus
Spay Neuter
Clinic
admin.
Cost plus
Vaccines
Clinic
admin.
Cost plus
Dental
Clinic
admin.
Cost plus
Owner Rec7uested Euthanasia
Clinic
admin.
Cost plus
Microchip Dog
Clinic
admin.
Cost plus
Microchip Cat
Clinic
admin.
* Fees may be adjusted, annually, on or after August 1, 2014 by the change in the
Consumer Price Index from the one year prior, All Urban Consumers - San Francisco
$86
$57
$42
$26
$42
$54
$48
$54
$75
$140
$140
$175
$260
$84
CITY OF PETALUMA
PROFESSIONAL SERVICES AGREEMENT
This Agreement ("Agreement") is made and entered into the X11 day of July, 2012, by
and between the City of Petaluma, a California municipal corporation and charter city,
hereinafter referred to as "City," and the Petaluma Animal Services Foundation,
California Corporation no. C3375553, hereinafter referred to as "Contractor."
RECITALS
WHEREAS, the City has determined that it requires the professional services described
in this Agreement and Exhibit A, and that it would be desirable for the Contractor to
perform such services; and
WHEREAS, Contractor represents and warrants that it is fully qualified to perform such
professional services by virtue of specialized experience and training, education and
expertise of its principals and employees, and Contractor further represents that it is
willing to accept responsibility for performing such services in accordance with the terms
and conditions set forth in this Agreement; and
WHEREAS, the City Council on the second day of July 2012 by Resolution No. 2012-
106 N.C.S. authorized execution of this Agreement on behalf of the City in accordance
with the City Charter, the City Municipal Code and/or other applicable law;
NOW, THEREFORE, City and Contractor, for the consideration hereinafter described,
mutually agree as follows:
1. DESCRIPTION OF SERVICES OR SCOPE OF WORK
The services to be performed under this Agreement (the "Services") are set forth in
Exhibit "A," which is attached to and made a part of this Agreement, and are generally
described as follows: The Contractor will perform animal care, shelter, training,
adoption, and regulation services, and enforce the provisions contained in Title 9 of the
Petaluma Municipal Code entitled "Animal Regulations," and applicable State of
California animal control laws in accordance with Exhibit A.
2. TERM
The term of this Agreement (="Term") commences on August 1, 2012 and expires on
July 31, 2015, ("Expiration, Date")unless the Agreement term is: extended in accordance
with Section 2(B); amended in accordance with Section 23; or the Agreement is
terminated sooner, in accordance with Section 25,
A. Provided that the Agreement has not been terminated in accordance with Section
25, this Agreement term may be extended for one (1) three-year period. The
1
Agreement may be extended by Contractor giving written notice to City of
Contractor's desire to extend the Agreement term at least ninety (90) days and
no sooner than one hundred eighty (180) days prior to the Expiration Date,
requesting extension for one additional three-year period. It shall be within the
City's sole discretion whether the Agreement term shall be extended.
B. Upon termination, any and all documents or 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.
3. PAYMENT TERMS AND NOT TO EXCEED AMOUNT
A. City agrees to pay Contractor for Services that are actually performed in accordance
with this Agreement. Payment shall be in arrears. To be eligible for payment,
Contractor must submit monthly invoices to the City which clearly describe the services
rendered during the period covered by the invoice, detail the amounts to be paid and
are marked with Contractor's name. Invoices shall cover Services performed in the
previous month and be submitted within 30 days of the end of the month covered by the
invoice.
B. The annual amount the City is obligated to pay the Contractor for Services actually
performed in accordance with this Agreement may not exceed $478,220 (the "Not to
Exceed Amount") unless this Agreement is amended in accordance with section 23.
Notwithstanding the Term and Expiration Date specified in section 2 of this Agreement,
and any approved extensions, the City's obligation to reimburse the Contractor for the
performance of Services in any given year shall be subject and limited to appropriations
approved by the City Council for that purpose. If during the Term of the Agreement the
City Council fails to appropriate funds for the performance of the Services this
Agreement may be terminated in accordance with section 25. Contractor must
maintain adequate records to permit inspection and audit of Contractor's charges under
this Agreement. Contractor will make such records available to City during normal
business hours upon reasonable notice. In accordance with California Government
Code Section 8546.7, this Agreement and the Contractor's books and records related
to this Agreement shall be subject to the examination and audit of the State Auditor, at
the request of City or as part of any audit of the City, for a period of three (3) years after
final payment under the Agreement.
C. The Contractor may only be compensated for performance of the Services specified in
Exhibit A. Any additional services to be performed pursuant to this Agreement after the
date this Agreement is entered by the parties must be added to Exhibit A by
amendment in accordance with section 23.
2
4. INDEPENDENT CONTRACTOR
Contractor and City agree that the Contractor will perform the Services as an
independent contractor and not as an employee or agent of the City. Persons
employed or utilized by Contractor in the performance of the Services will not be
employees or agents of the City. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes.
5. FORMER CITY EMPLOYEES/COMPENSATION
A. Contractor may establish job descriptions and guidelines for hiring employees in
accordance with applicable law. Working within those job descriptions and
guidelines, Contractor shall make a good faith effort to hire those individuals
formerly employed by the City in its Animal Services Division.
B. Contractor's paid employees engaged in the performance of the Services shall,
at a minimum, be compensated consistent with the salary and benefits schedule
attached to and made a part of this Agreement as Exhibit B during the
Agreement Term. During the Term of this Agreement Contractor shall be free to
compensate Contractor's employees with salary and/or benefits that exceed
those specified in Exhibit B at Contractor's own expense. Nothing in this section
shall increase the Not -to -Exceed amount specified in Section 3(B) of this
Agreement.
6. aC7l.luv%_Jlm I RACTIIVV
A. Contractor may subcontract portions of the Services upon the prior written
approval of the City. The Contractor will be solely responsible for payment for
such subcontract services. No contractual relationship will exist between any
such subcontractors of the Consultant and the City.
B. The Contractor is authorized contract with Lea J. Bove, DVM, license no. 14640,
for in -shelter veterinary care performed as part of Services in accordance with
this Agreement.
C. The Contractor is authorized to contract with the following veterinary care
facilities for veterinary care performed as part of the Services in accordance with
this Agreement:
1, East Petaluma Animal Hospital, 1420 S Mcdowell Blvd # B, Petaluma, CA
94954, (707) 765-9098
2. Cat Hospital of Petaluma, 512 Petaluma Boulevard South, Petaluma, CA
94952-5129, (707) 778-7859
3. Central Animal Hospital, 203 D Street, Petaluma, (707) 762-2693
4. Adobe Veterinary Animal Hospital, 700 East Washington Street, Petaluma,
(707) 762-7387
3 t
t�
5. Brandner Veterinary Hospital, 347 Lakeville Street, Petaluma, (707) 762-3549
6. Washington Square Veterinary Hospital, 343 South McDowell Boulevard,
Petaluma, (707) 778-1011
7. A.E.Z.R. Veterinary Hospital, 593 North McDowell Boulevard, Petaluma, CA
94954, (707) 778-7521
7. PERSONS EMPLOYED BY CONTRACTORS/SUBCONTRACTORS,
BACKGROUND CHECKS
Each person or entity engaged in the performance of the Services, including, but not
limited to, Contactor's employees, volunteers, subcontractors, and subcontractor
employees must be a United States citizen or have a legal right to work in the United
States. The Contractor must verify citizenship or legal right to work in the United States
and retain an 1-9 form for all persons or entities engaged in the performance of the
Services. The Contractor must verify the employment eligibility and identity documents
presented and record the document information on the Form 1-9 for all persons to be
engaged in the performance of the Services before they commence performance of the
Services. No person designated by Contractor to work at the Facilities may have been
convicted of a felony or a crime relating to theft, violence, sexual misconduct or a
violation of the California Health and Safety Code. Any violation of this provision shall
constitute a default subject to termination of this Agreement in accordance with section
25 (B) of this Agreement.
A. Contractor will perform the Services in the manner and according to the
standards observed by a competent practitioner of the profession in which
Contractor is engaged in the geographical area in which Contractor practices its
profession and will prepare all work products required by this Agreement in
accordance with those standards. Contractor will comply with all federal, state
and local laws and regulations applicable to performance of the Services.
Contractor's failure to comply with any law(s) or regulation(s) applicable to the
performance of the Services shall constitute a default subject to termination of
this Agreement in accordance with section 25 (B) of this Agreement.
B. Contractor shall assign only competent personnel to perform services pursuant to
this agreement. City may request retraining or reassignment of Contractor
employees, volunteers or subcontractors that have failed to perform the Services
in accordance with this Agreement. The Contractor agrees to give reasonable
consideration to such requests and to notify the City concerning action taken in
response to the request. The Contractor shall be responsible for investigating
complaints against personnel engaged in the performance of the Services
pursuant to this Agreement and for taking any necessary corrective action in the
event of a sustained finding of misconduct.
4
,w
9. FACILITIES AND EQUIPMENT
A. City shall lease to Consultant, at a rental rate of $1 per year, during the Term of
this Agreement existing City facilities located at 840 Hopper Street, Petaluma,
California 94952, (the "Premises"). A lease agreement ("Lease") further
describing and governing Contractor's use of the Premises is attached to and
made a part of this Agreement as Exhibit C. In addition to the Premises, the City
shall during the Term of this Agreement furnish to the Contractor exclusively for
Contractor's use in the performance of the Services equipment, including animal
control vehicles and other equipment and materials useful and/or necessary for
the performance of the Services ("Facilities"). A full list of the Facilities
furnished in accordance with this Agreement is attached to and made a part of
this Agreement as Exhibit D. All Facilities shall remain property of the City of
Petaluma and shall be maintained in good working order and repair during the
Term of this Agreement. Upon termination or expiration of this Agreement, all
Facilities listed in Exhibit D shall be returned to the City, in the same condition as
when furnished to the Contractor, except for normal wear and tear. The City
makes no representation that the Facilities will be sufficient for Contractor's
performance of the Services. The City expressly disclaims any warranty of fitness
of the Facilities for the use intended by Contractor and expressly disclaims any
warranty of merchantability. Contractor acknowledges that Contractor has had
ample opportunity to view, inspect and use the Facilities, and has performed
such inspection as Contractor deems necessary, such that Contractor accepts
the Facilities in an as -is condition without any warranty whatsoever by City.
Col ltractor expressly relies entirely ely of I� its own � Judgment, and not of � any
inspection, test or representation by City, whether oral, written or implied, as to
the condition of the Facilities or their fitness for any use or sale. Any additional
equipment, materials or other items needed by Contractor to perform the
Services in accordance with this Agreement must be. furnished by Contractor, at
Contractor's sole cost. Any and all such items furnished by Contractor for use in
performing the Services shall remain the sole and exclusive property of Contractor.
B. City may conduct periodic inspections of the Premises, the Facilities and
equipment and other property furnished to the Contractor for use in performing
the Services. Contractor will be responsible for any damage to the Premises
and/or Facilities as a result of performance of the Services, and shall repair or
replace any damage to the Premises or Facilities to the reasonable satisfaction
of, and at no cost to, the City. If the City finds that repairs or changes are
required in connection with this Agreement, which, in the reasonable opinion of
the City are rendered necessary as the result of damage resulting from the
performance of the Services, the Contractor shall, within five (5) days of receipt
of notice from the City, place in satisfactory condition all of such Premises and/or
Facilities, correct all defects therein, and make good on all damages. If
Contractor fails to correct any such damage at Contractor's expense, the City
may affect such repair as necessary, and require Contractor to pay for the cost of
such repair within 14 days of presentation of a demand for payment from City or
5 s
deduct the cost of repair from amounts that may be due or become due the
Contractor under this Agreement. The City may also treat any failure to pay any
such amount on demand as a default subject to termination in accordance with
section 25 (B) of this Agreement.
10. FEES AND CHARGES
A. Attached to and made a part of this Agreement as Exhibit "E" is a Fee Chart 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, 2012, through July 31, 2013.
B. Annually, beginning August 1, 2013, 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, $92,000 of the total amount
collected by the Contractor that year from charges for the performance of the
Services shall be treated as a payment by the City for Contractor's performance
of the Services. Accordingly, the City will deduct $7,666 from the amount
otherwise due the Contractor as payment for each monthly invoice submitted to
the City for payment. The Contractor may retain as revenue of the Contractor
charges collected for performance of the Services in excess of $7,666 per month
and $92,000 per year from such charges that will constitute a payment by the
any.
11. ANIMAL SERVICES DONATION ACCOUNTS
Upon execution of this Agreement by authorized representatives of the parties,
and confirmation of the Contractor's tax exempt status, the City will disburse to
the Contractor the entire balance of funds in the City's animal services donation
accounts, which include a general donation account, an Animal Services
Advisory Committee fundraising account, and a spay -neuter account, less
$39,000, which the City will use to pay the purchase price of an animal services
vehicle for which the City has contracted, and which is expected to be delivered
by the fall of 2012. Periodically during the Agreement Term, future donations
that the City may receive for the City's animal services programs may also be
disbursed to the Contractor. The Contractor must apply any and all funds that
are donated to the City for its animal services programs and that are disbursed to
the Contractor pursuant to this Agreement entirely and solely to the cost of
performing the Services. The Contractor's use of any funds donated to the City
and disbursed to the Contractor pursuant to this Agreement is subject to and
must comply with all applicable terms of this Agreement, and any and all
applicable rules and regulations, including restrictions or requirements governing
the use of such donated funds. The Contractor will be liable to the donor(s), the
City, and any other government body with jurisdiction over the donated funds or
6
their use for any donated funds disbursed to the Contractor pursuant to this
Agreement that are used other than in accordance with this Agreement. The
Contractor's liability pursuant to this provision will include any fines or penalties
that may apply to unauthorized use of donated funds disbursed to the Contractor
pursuant to this Agreement.
12. OTHER GOVERNMENTAL REGULATIONS
Contractor shall ensure that the Services are performed in accordance with all
rules and regulations applicable to performance of the Services, including, but
not limited to, rules and regulations of the City and rules and regulations that
apply as a result of funding of other public or private entities for the Services, the
Facilities or the Premises.
13. INDEMNITY
A. To the maximum extent permitted by law, Contractor shall, at its own expense,
indemnify, defend with counsel acceptable to the City, (which acceptance will not
be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees") from and against any and all
liability, loss, damage, claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, civil penalties and fines,
expenses and costs (including, without limitation, claims expenses, attorney's
fees and costs and fees of litigation) (collectively, "Liability") of every nature,
whether actual, alleged or tl Ir eatel led, arising out of or ii � coi �i �echoi i 'vVi l 'Lille
Services or Contractor's failure to comply with any . of the terms of this
Agreement, regardless of any fault or alleged fault of the Indemnitees.
B. The Contractor's obligation to indemnify, defend and hold harmless under this
provision shall not be excused because of the Contractor's inability to evaluate
Liability, or because the Contractor evaluates Liability and determines that the
Contractor is not or may not be liable. The Contractor must respond within 30
calendar days to any tender for defense and indemnity by the City, unless the
time for responding is extended by an authorized representative of the City in
writing. If the Consultant fails to accept tender of defense and indemnity within 30
calendar days, in addition to any other remedies authorized by law, so much of
the money due or that may become due the Consultant under this Agreement as
shall reasonably be considered necessary by the City, may be retained by the
City until disposition has been made of the matter subject to tender, or until the
Consultant accepts the tender, whichever occurs first.
C. The Contractor waives any and all rights to express or implied indemnity against
the Indemnitees concerning any Liability of the Contractor arising out of or in
connection with the Services or Contractor's failure to comply with any of the
terms of this Agreement .
7
D. Notwithstanding the foregoing, to the extent this Agreement is a "construction
contract" as defined by California Civil Code §2783, as may be amended from
time to time, Contractor's duty to indemnify under this provision shall not apply
when to do so would be prohibited by California Civil Code §2782, as may be
amended from time to time.
E. Notwithstanding the foregoing, to the extent that the Services include design
professional services subject to Cal. Civil Code § 2782.8, as amended from time
to time, Contractor's duty to indemnify shall only be to the maximum extent
permitted by Civil Code § 2782.8.
14. INSURANCE
Attached to and made a part of this Agreement as Exhibit "F" are the Insurance
Requirements that Contractor must satisfy before commencing performance of the
Services and throughout the Term of this Agreement. Failure to maintain the kinds and
amounts of insurance and/or to provide proof of insurance as required pursuant to
Exhibit F and this provision throughout the Agreement term shall constitute a default
subject to termination in accordance with section 25 (B) of this Agreement.
15. NON-DISCRIMINATION
During the performance of this Agreement, Contractor will not discriminate against any
employee, of the Contractor or applicant for employment because of race, religion,
Color, UIUf, � Iclllo( Ial origin, lI, age, p19y31C.d1 or mental handicap Iu1caN fir disability, i i ieuwa1
condition, marital status, sex, or sexual orientation. Contractor will take affirmative
action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, religion, creed, color, national origin, age,
physical or mental handicap or disability, medical condition, marital status, sex, or
sexual orientation.
16. AMERICANS WITH DISABILITIES ACT
The Services must be performed in accordance with all applicable provisions of,the
Americans with Disabilities Act of 1990 ("ADA") and any other applicable state or federal
law or regulation governing access of persons regarding the performance of the
Services. Meetings, hearings, conferences, classes, and other activities carried out in
the performance of the Services must occur in accessible locations, and auxiliary aides
must be provided, upon request, to participants with disabilities. The Contractor will not
be responsible for improvements to the Premises or the Facilities that may be required
for purposes of applicable accessibility requirements. However, the Contractor must
notify the City as soon as possible concerning any aspect of the Premises or the
Facilities that the Contractor reasonably believes may require improvements to satisfy
applicable access requirements.
17. LIVING WAGE
This Agreement and the performance of the Services are subject to the requirements of
City's Living Wage Ordinance codified in Chapter 2.70 of Title 2 of the Petaluma
Municipal Code as . The Services as described in Exhibit A will be performed in
accordance with all applicable requirements of the City's Living Wage Ordinance, as
from time -to -time amended, including but not limited to, all applicable requirements
contained in Exhibit G (Living Wages), which is attached to and made a part of this
Agreement. Contractor shall promptly provide to the City documents and information
verifying Contractor's compliance with the requirements of the Living Wage Ordinance
and this section, and any sanctions for non-compliance. Contractor shall also notify
each of its affected employees as to the amount of wages and time off that are required
to be provided pursuant to the Living Wage Ordinance and this provision.
18. LICENSES AND PERMITS
A. BUSINESS LICENSE. To the extent the requirements of Chapter 11 of the
Petaluma Municipal Code apply, Contractor and any subcontractors subject to
the requirements of Chapter 11 of the Petaluma Municipal Code must acquire at
their sole expense a business license from the City in accordance with that
chapter. Such licenses must be kept valid throughout the Agreement Term.
B. OTHER LICENSES AND PERMITS. Contractor represents and warrants to City
that Contractor and its employees, agents, and any subcontractors have all
licenses, permits, qualifications, all' approvals of whatsoever nature that are
legally required to practice in their respective professions. Contractor expressly
represents and warrants to City that Contractor and its employees, agents, and
any subcontractors shall, at their sole cost and expense, keep in effect at all
times during the term of this Agreement any licenses, permits, and approvals that
are legally required to practice their respective professions.
19. OWNERSHIP OF WORK PRODUCTS AND TREATMENT OF DOCUMENTS
All plans, specifications, reports, designs and other documents prepared by Contractor
pursuant to this Agreement shall be and remain the property of the City. Except as may
be otherwise required by law, Contractor will disclose no data, plans, specifications,
reports or other documents pertaining to the Services without the prior written consent
of the City. As part of the performance of the Services, Contractor shall fully cooperate
with the City concerning fulfillment of any legal obligations of the City concerning
information prepared or maintained by the Contractor pursuant to this Agreement,
including, but not limited to, obligations of the City pursuant to the California Public
Records Act and other applicable law.
9
I
20. CONTRACTOR'S BOOKS AND RECORDS
A. Contractor shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to
charges for Services, or expenditures and disbursements charged to the City for a
minimum period of three (3) years or for any longer period required by law, from the
date of final payment to Contractor pursuant to this Agreement.
B. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for any
longer period required by law, from the date of termination or completion of this
Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours,
upon written request by the City Manager, City Attorney, City Finance Director, or a
designated representative of these officers. Copies of such documents shall be
provided to the City for inspection at Petaluma City Hall when it is practical to do so.
Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Contactor's address indicated for receipt of notices in this Agreement.
D. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Contractor's
business, City may, by written request by any of the above-named officers, require
that custody of the records be given to the City and that the records and documents be
maintained in Petaluma City Hall. Access to such records and documents shall be
granted to any party authorized by Contractor, Contractor's representatives, or
Contractor's successor in interest.
21. REPORTING
A. Contractor shall provide a written mid -year status report and an annual
comprehensive report to the City Manager. Such reports shall contain all
information necessary for the City Council to determine the quantity and quality
of all Services performed under this Agreement, and the quantity and
effectiveness of the Contractor's fund raising efforts. Reports shall be in a form
specified by the City Manager.
B. Contractor shall meet on a regular basis with the City's Animal Services
Committee to provide status updates and to seek guidance from the Committee.
Such meetings shall comply in all respects with the requirements of the Ralph M.
Brown Act.
C. Contractor shall from time to time, as requested by the City, provide
presentations or reports at regular or special meetings of the City Council.
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22. ALTERNATIVE DISPUTE RESOLUTION
Should any dispute arise between the City and the Contractor that cannot be resolved
through good faith negotiations, the parties may resolve the dispute through the use of
any alternative dispute resolution process on which the parties may agree.
This Agreement may be amended only by a written instrument executed by authorized
representatives of both parties.
24. DEFAULT
It shall constitute a default under this Agreement if any of the events described below
occurs. However, a non -defaulting party may,( but need not), grant to the defaulting party a
reasonable time within which to cure the default, and if so, must specify such time in a notice
of default and opportunity to cure provided to the defaulting party. If the defaulting party,
upon receipt of such notice and opportunity to cure, promptly commences and completes
such cure within the time specified or any extension granted by the non -defaulting party to
the reasonable satisfaction of the. non -defaulting party, then such default will be deemed
cured.
A. Either party liquidates its business, becomes insolvent, makes an assignment for the
benefit of creditors or has filed against it a petition of bankruptcy, bill in equity, or
Other Nnrv000dinnr(n) for the appointment of a rononiJco oir other ouSt0di1o111 for i1tS
property, or it proceedings for reorganization or composition with creditors under any
law are instituted by or against Contractor or if any levy or sale or execution of any
kind is made upon or of the any property of the Contractors in the Premises.
B. Either party fails to perform any of its obligations in accordance with this Agreement
C. Contractor fails to vacate the Premises and/or return the Facilities upon the
termination or expiration of this Agreement.
D. Either party breaches the terms of the Lease.
25. TERMINATION AND REMEDIES
A. City may terminate this Agreement for convenience by giving at least 90 days'
written notice to Contractor specifying the termination effective date. Upon
receipt of such notice, Contractor shall continue performance of the Services
through the date of termination. City shall pay Contractor for all Services actually
performed in accordance with this Agreement through the termination effective
date. City may condition payment of such compensation upon Contractor
delivering to City any and all materials or property provided to or prepared by
Contractor, and any and all materials or property provided to or prepared by City
for Contractor, in connection with this Agreement, including the Premises and/or
the Facilities. Such material may include of photographs, computer software,
video and audio tapes and other materials.
B. If Contractor materially breaches any term of this Agreement, in addition to any
other remedies the City may have at law or equity, the City may:
1. Terminate the Agreement by notice to the Contractor specifying the
termination effective date;
2. Retain, and/or recover from the Contractor at no additional cost to the City,
the plans, specification, drawings, reports and other design documents and
work products prepared by Contractor, whether or not completed, and any
and all materials or property provided to or prepared by Contractor, and any
and all materials or property provided to or prepared by City for Contractor, in
connection with this Agreement, including the Premises and/or the Facilities;
3. Complete the unfinished Services itself or have the unfinished Services
completed, and/or;
4. Charge Contractor, or deduct from monies that may be due or become due
the Contractor under this Agreement, the difference between the cost of
completing the unfinished Services pursuant to this Agreement and the
amount that would otherwise be due Contractor had Contractor completed the
C, ,.....:., ..., ., .A ,., ....... :44- J.1..:.. A 1
JCivices iii accorua ce wILII LI IIs Agreement
C. If City is in breach of any provision of this Agreement or the Lease , Contractor
shall have all rights and remedies afforded to it by this Agreement or law or
equity.
26. BINDING EFFECT AND ASSIGNMENT PROHIBITION
This Agreement is binding upon City, Contractor, and their successors. No assignment
or transfer in whole or in part of this Agreement shall be made without the prior written
consent of the City.
27. REPRESENTATIVES
A. City representative for purposes of this Agreement will be the City Manager or his
or her designee. Contractor representative for purposes of this Agreement will
be the Executive Director. The parties' designated representative will be the
primary contact person regarding the performance of the Services. Consultant
shall not substitute or replace primary representative without approval of the City.
12 0,
B. Notices:
Any written notice to Contractor shall be sent to:
Executive Director
Petaluma Animal Services Foundation
840 Hopper Street
Petaluma, California 94952
Any written notice to City shall be sent to:
City Clerk
City of Petaluma
11 English Street
Petaluma, California, 94952
28. INTEGRATION AND AMENDMENT
This Agreement represents the entire and integrated agreement between City and
Contractor and supersedes all prior negotiations, representations or agreements,
whether written or oral. If a discrepancy, disagreement, ambiguity, inconsistency or
difference in interpretation of terms arises as to terms.or provisions of this Agreement
and any Exhibit(s) attached to this Agreement, this Agreement shall control and shall be
deemed to reflect the intent of the Parties with respect to the subject matter hereof.
29. CONFLICT OF INTEREST PROHIBITION
A. City and Contractor will comply with the requirements of the City's Conflict of
Interest Code adopted pursuant to the provisions of California Government Code
Section 87300 and following, the Political Reform Act (California Government
Code Section 81000 and following), the regulations promulgated by the Fair
Political Practices Commission (Title 2, Section 18110 and following of the
California Code of Regulations), California Government Code Section 1090 and
following, and any other ethics laws applicable to the performance of the
Services and/or this Agreement. Contractor may be required to file with the City
Clerk a completed Form 700 before commencing performance of the Services
unless the City Clerk determines that completion of a Form 700 is not required,
pursuant to the City's Conflict of Interest Code. Form 700 forms are available
from the City Clerk.
B. The Contractor may not perform Services for any other person or entity that,
pursuant to any applicable law or regulation, would result in a conflict of interest or
would otherwise be prohibited with respect to the Contractor's obligations pursuant
to this Agreement. The Contractor agrees to cooperate fully with the City and to
provide any necessary and appropriate information requested by the City or any
13
r
authorized representative concerning potential conflicts of interest or prohibitions
concerning the Contractor's obligations pursuant to this Agreement.
C. Contractor may not employ any City official, officer or employee in the
performance of the Services in violation of any applicable rule or law, nor may
any official, officer or employee of the City have any financial interest in this
Agreement that would violate California Government Code Section 1090 and
following. Contractor warrants that it did not participate in any manner in the
forming of this Agreement in violation of Government Code Section 1090.
Contractor understands that, if this Agreement is made in violation of
Government Code Section 1090 and following, the entire Agreement is void and
Contractor will not be entitled to any compensation for Contractor's performance
of the Services, including reimbursement of expenses, and Contractor will be
required to reimburse the City for any sums paid to the Consultant under this
Agreement. Contractor understands that penalties for violating Government
Code Section 1090 may include criminal prosecution and disqualification from
holding public office in the State of California.
D. Any violation by the Contractor of the requirements of this 'section will constitute a
default subject to termination pursuant to section 25 (B) of this Agreement, and the
City reserves all its rights and remedies at law and equity concerning any such
violations.
30. APPLICABLE LAW AND VENUE
The laws of the State of California shall govern the rights, obligations, duties and
liabilities of the parties to this Agreement and the interpretation of this Agreement. Any
action or proceeding that is initiated or undertaken to enforce or interpret any provision,
performance, obligation or covenant set forth in this Agreement shall be brought in a
state court in Sonoma County.
31. RECOVERY OF ATTORNEY'S FEES
If a party to this Agreement brings any action, including an action for declaratory relief,
to enforce or interpret any term of this Agreement, the prevailing party will be entitled to
reasonable attorneys' fees in addition to any other relief to which that party may be
entitled. The court may set such fees in the same action or in a separate action brought
for that purpose.
32. SEVERABILITY
If a court of competent jurisdiction finds or rules that any provision of this Agreement is
invalid, void, or unenforceable, the provisions of this Agreement not so adjudged will
remain in full force and effect. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement.
14
33. WAIVER.
In the event of a breach or default under this Agreement by any party, the failure by the
non -breaching or defaulting party to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any part
of such provision.
34. NO THIRD PARTY BENEFICIARIES.
The Parties do not intend to create, and nothing in this Agreement shall be construed to
create any benefit or right in any third party.
35. NO EXCLUSIVE DUTY.
Contractor may accept animal care and enforcement responsibilities and duties from
other city, county or other government entities or other private or non-profit entities. No
exclusive duty is owed to City. In such case, all books and records relating to such
duties for other entities shall be segregated from the Contractor's Books and Records
identified in Section 18 above and City shall have no right to inspect or review said
books and records of duties the Contractor performs for other entities. The City and
Contractor shall negotiate in good faith and may amend this Agreement concerning
revenues of the Contractor that may be due the City for use of City provided materials,
or the Premises and/or Facilities concerning duties the Contractor performs for other
�4:4:-
el I LILIGs.
36. COUNTERPARTS.
This Agreement may be executed in one or more counterparts each of which shall be
deemed an original but all of which together shall constitute one and the same
instrument.
IN WITNESS HEREOF, the parti�e have caused their authorized representative to
execute this Agreement on this 30%day of July, 2012.
City
John C. Brown, City Manager
ATTEST:
By:
Claire Cooper, City Clerk
I IN
CONTRACTOR
By: _
Its 6�GT1
APPROVED AS TO FORM:
By:
Eric Danly, City At orney
Exhibits: Exhibit A — Scope of Services
Exhibit B — Position Allocation and Compensation Schedule, effective
August 1, 2012
Exhibit C — Lease
1925354.10
Exhibit D - Inventory of City -owned Real Property and Equipment to be
Conveyed to Contractor for use during term of Agreement
Exhibit E — Fee Chart
Exhibit F — Insurance Requirements
Exhibit G — Living Wage Requirements
16
Yp
EXHIBIT A
City of Petaluma and Petaluma Animal Services Foundation
. Scope of Services for PAST
Shelter Services: Contractor will provide full animal services for the City of Petaluma. The
shelter will remain an open admission facility. The services provided will include, but not be
.limited to, sheltering abandoned, unwanted or stray animals (excluding Iivestock), medical care,
adoptions of animals other than Iivestock-, pre -adoption spays and neuter of cats and dogs, animal
Iicensing and euthanasia of animals (other than livestock). The Contractor will also provide
programs and services that reduce euthanasia rates and shelter overcrowding while providing
proper and compassionate care for the animals entrusted to them.
a. Business Hours -Shelter: Shelter hours will be from 1 pm to 6 -pm Tuesday -Friday and
from 12pm to 6 pm on Saturdays, excluding City recognized holidays and observances.
The shelter will not be open to the public on either Sundays or Mondays. Contractor is
free to expand or modify the. above -hours as its management deems appropriate.
Nonetheless, the shelter. shall be open a minimum of twenty-six (26) hours a week.
b. Animal Adoption Hours: Adoption hours will be Tuesday through Friday from 1:06pm
to 6:00pm and Saturdays from 12:00pm to 6:00pm, excluding holidays. -Nonetheless, the
shelter shall offer pets for adoption at a minimum of twenty-six°(26) hours a week.
c. Housing of Animals: Contractor shall be solely responsible for the costs associated with
the care and feeding of animals during the normal impoundment time period and for any
period beyond the minimum impoundment periods as specified in PMC Title 9.
d. Sanitation Standards: Contractor will adhere to and utilize the UC Davis Medicine
guidelines for sanitation and cleaning protocols of the shelter facility and animal storage
and treatment areas.
e. Dog Kennels: A minimum of 31 separate kennels will be maintained. Dogs may be
separated by sex. Adoption kennel, hold -stray kennels and quarantine kennels will be
separated from eaob other.
f. Cat Cages: A minimum of 69 separate cat cages/plus 3 cat rooms shall be maintained on
site. Cages will be maintained inside and shall be separated from the dog kennels.'
Adoption cages, hold -stray cages and quarantine cages will all be separated from each
other.
g. Other Animals:. Other than livestock, all other domesticated animals will be housed as is
appropriate under the circumstances. Livestock will not be housed at the shelter under
any circumstance.
IL Operations: Documentation will be kept ori each animal brought in by an owner, other
governmental agency or. member of the public. An inventory will be maintained
indicating the type of animal, breed, sex, ,license tag number (if applicable), microchip
information (if available), the, -date the animal was received, from whom the animal was
received, the date a notification letter was sent and the final disposition of the animal.
i. .Standard Vaccinations: All cats and dogs • are to be vaccinated upon. intake;' Dogs will
receive intranasal Bordatella and the DHPP. Cats will receive the FVRCP. Alldogs and
7(2!12
cats are to be scanned for the presence of a microchip. Contractor shall initiate the search
for the owner through the microchip vendor.
j. Animal Owner Notification: Owners shall be.notified as established by state or local law,
rule or ordinance or as set forth by Contractor if no such law, rule or ordinance exists.
k. Quarantined Animals: Contractor shall document and monitor all animals under
quarantine. When necessary, obtain a lab sample of the animal; prepare the necessary
paperwork to accompany the sample to the Health Department for testing.
I. Licenses: Contractor shall sell dog licenses and process all redemptions and adoptions of
.animals. Contractor shall collect all fees and then disburse fees as outlined in the
Professional Services Agreement with the City -of Petaluma
M. Fees for Services: Contractor shall set. and maintain all fees for services as outlined in the
-Professional Services Agreement with the City of Petaluma.
n. Reporting. Contractor shall keep and maintain recordsoutlining all activities performed
including but not limited to general services,:adoptions, euthanasias, surgical procedures,
vaccinations, complaints, investigations, accounts payable and receivable, donations,
programs, events, presentations and any other activities that outline or illustrate the
-services provided by the shelter;
c. Document Inspection:- Contractor shall make all records as outlined in (n) above
available for inspection by the City of Petaluma as requested.
p. Trap Neuter and Release Program: Contractor shall maintain, develop and implement a
Feral Cat Trap Neuter Release (TNR) Program and incorporate these activities in their
educational programs.
q.. Low Cost Spay and Neuter Program: Contractor shall maintain; develop' and implement
a low cost spay and neuter program.
r. Special _Needs. Animals: Contractor shall • develop, maintain relationships and work in
collaboration with various Rescue Groups in order to place special.needs animals.
s. Foster Care Programs: Contractor she develop, maintain and implement a Foster Care.
Program for Dogs and Cats.
t. Training and Behavioral Center. Contractor shall develop, maintain and implement a
Training and Behavioral Center for shelter animals and provide prospective adopting.
families with post adoption support and advice.
u Off. Site Adoption Programs: Contractor shall provide •. the:opportimity, at least (4) four
tunes per year,' for off. -site adoptions .of dogs and cats in the community and advertise
-these events in the local media.
N. Volunteer Programs: Contractor shall maintain an active volunteer program. The
-program will include a volunteer background and screening process, a volunteer
7W12
coordinator, volunteer training program, an active recruiting and retention plan and a
volunteer policy manual or guidebook for the management of the program.
w. Public Education: Contractor will foster sound and humane practices by owners in
-support of the purposes in this contract by providing public education on the proper
techniques of animal ownership and care. Contractor will utilize the local media, internet
and other social media devices to advertise programs and services and offer assistance
and public educational programs.
x. Emergency Veterinary Services: Contractor will be solely responsible for the costs
associated with veterinary services and treatment of sick or injured domestic animals.
y. Sick, Injured or Dead Animals: Contractor will be responsible for collecting, and when
appropriate, disposing of sick injured or dead domestic and small wild animals including
deer. The remains of large livestock, such as horses, bovines or sheep are excluded from
this scope of work but not prohibited.
z. Change in Conditions: Contractor shall, immediately, inform the City of Petaluma of
any changes in conditions or operations that will change or alter this scope of work or
which may significantly affect animal control services as provided by the Contractor.
2. Animal Regulation Services. Contractor will provide in -field animal control services within the
City's boundaries. Field services will include, but are not limited to: response to requests for
services from Petaluma Police Department ("PPD"), citizen complaints, license compliance,
barking dogs, dangerous animals and routine patrol. Contractor will investigate animal related
criminal complaints, remove dead animals from city streets and respond to animal related calls
for sem : ice wit, in the city limits including mg responses.
a. Animal Control Hours: Animal control hours shall be Monday -Sunday from 7:30 am to
6:00 pm, on-call 6pm — 7:30 am for emergencies; excluding City recognized holidays.
b. Animal Control Officer Certifications: Contractor shall employe as Animal -Control
Officers only those certified under Penal Code Section 532. Contractor will maintain all
training records. Animal Control Officers will qualify with the use of their approved
firearms on a quarterly basis: The use of firearms shall be Iimited to field euthanasia of
animals.
c. Dog Bite Investigations: Contractor will investigate -any animal that has bitten a human
and will adhere to all protocols and follow up as needed per PMC section 9.24. PPD .
shall investigate and assist as necessary for any criminal liability.
d. Criminal Prosecutions: Contractor will forward any criminal investigation cases in which
prosecutions are sought, through the PPD Records Unit to the Sonoma County District
Attorney's Office or other appropriate judicial review, Contractor will follow -all
established report preparation protocols and shall receive training from PPD as needed
e.Administrative Hearings and court testimony: Contractor shall make.appropriate Animal
Control Officers available to attend and testify in court or administrative hearings as
outlined in PMC Title 1 and 9 or as a result of a criminal subpoena issued by a
recognized court of justice. Costs for the appearances of Animal Control Officers in
court or hearings shall be the responsibility of the Contractor.
7/2.112
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f. Calls for Service Routing: Contractor will handle and dispatch all calls for service
received for appropriate animal related services during the normal business hours of the
Shelter. After hours calls for service will be received by the PPD and emergency
requests for service will be forwarded to the On Call Animal Control Officer. Non
emergency after hours calls for service will be forwarded to a recorded line as established
by the Contractor.
g. Enforcement Radios: Contractor shall be provided three PPD, patrol radios in order to
make emergency requests for police assistance. Contractor shall ensure that any and all
employees utilizing police radios have received proper training from PPD in the use and
care of the equipment. Radios shall only be issued, generally, to Animal Control Officers
and the Director.
I Livestock calls for service: Contractor's services with respect to -livestock are limited to
placing the animal back into a corral (if possible) and issuing a citation to the owner. All
other matter will be relayed .to PPD or other appropriate '.entity depending on the
circumstances.
7!1!12
EXHIBIT B
POS't'On Allocation and Compensation Schedule
Effective August l`70l7
Petaluma An'DlEi| Services FOUD'1at'C)n
14
Each Employee will receive 12 days of personal time off in their first 4 years,
Accrued one day per month after the month is completed.
Years five through ten the employee accrues 1.5 days per month.
Years ten and on the employee accrues 2 days per month.
Executive Director
$75,000
Kaiser
Animal Care Supervisor
$45.760
Kaiser
Vo|untecr[uord/[SR
$42.680
Kaiser
Z FTE Animal Control Officer
$104.000
Kaiser
Registered Veterinary Technician
$39.520
Kaiser
.S FTE Kennel Tech P/T
$15.600
none
$322.480
14
Each Employee will receive 12 days of personal time off in their first 4 years,
Accrued one day per month after the month is completed.
Years five through ten the employee accrues 1.5 days per month.
Years ten and on the employee accrues 2 days per month.