HomeMy WebLinkAboutResolution 90-239 N.C.S. 07/16/1990~~}~
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~es®Illtl®~ ~o. 90-239 N.C.~.
of the City of Petaluma, California
RESOLUTION AUTHORIZING EXECUTION OF A TWO-YEAR
AGREEMENT WITH SONOMA COUNTY HUMANE SOCIETY
FOR ANIMAL CONTROL SERVICES
WHEREAS, the City of Petaluma wishes to provide animal control
services to the citizens of Petaluma; and
WHEREAS, Sonoma County Humane Society is able to provide such
services;
THEREFORE, BE IT RESOLVED, that the Mayor or City Manager
is authorized to enter into the attached two-year agreement (Exhibit A)
with Sonoma County Humane Society for the period July 1, 1990 through
June 30, 1992.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (atetl~x(~Pt~I~Q) meeting fO~'
on the ...._lbth-•-•----.. day of .......July ............................................ 19..9..x., by the ~ ~_ __ _ _
following vote:
City Attorney
AYES: Balshaw, Davis, Woolsey, Tencer, Vice riayor Cavanagh, Mayor Hilligoss
NOES : 0
ABSENT: S ob e 1
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ATTEST : ...... .. :. ..... ....:. ...... .. .. .......
City Clerk
Council File .......................°-°-----...
CA 10-85 Res. No......9O,-.Z.39.,..._ N.C.S.
PROFESSIONAL SERVICES AGREEMENT
ANIMAL CONTROL SERVICE'S CONTRACT
This Agreement, made and entered into this 1st day of July 1990, by and
between the City of .Petaluma, a Municipal Corporation and a charter city
(hereinafter referred to as "City") and Humane Society of Sonoma County,
(hereinafter referred to as "Contractor") .
The parties hereto enter into this agreement for the purpose of contractor
providing professional services to City under the following terms and
conditions
In consideration hereof, and the mutual promises, contained herein, the
parties agree as follows:
1. Contractor shall provide the following services : Animal Control
Services including shelter operation and full services as outlined in
Attachment A, pages 1 through 6.
2. City shall compensate contractor for services rendered hereunder
under the following terms: Payment amounts will be $14,525.17 per
month for the 1990-91 fiscal year. Payment amounts for fiscal year
1991-92 will be adjusted based on inflation as evidenced by the Bay
Area CPI February 1991 reports.
3. Services performed by Contractor to City which exceed those services
described in Section 1 herein, shall be considered "extra work" .
"Extra Work" will not be compensated by the City without the written
authorization of the City.
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4. The term of this agree'me.nt commences on July 1, 199.0, and ends on
June 30, 1992.
5. It ,is understood °and agreed that:. Contractor possesses distinct
professional skills in performing said .services . It is further
understood .and agreed that Contractor, 'including his/her a-gents and
employees, is -not an agent or employee of the City, but rather solely
responsible for his/her acts and omissions. Contractor .has full
control over the rne.ans~ and methods. of performing said services and
Contractor understands that said services are being performed as 'an
independent contractor. Nothing in this' agr-cement shall in any way
be construed to constitute the contractor, or any of its .agents or
employees, as an agent, employee. or representative of the City.
6. In the event that all or any portion of the work prepared or ,partially
prepared by Contractor be suspended, abandoned or ter.ininated by
City,
City shall pay Contractor for all, fees, charges and services to the
. extent they were actually perfor:me'd in accordance .with this
'agreement.
7.. Contractor shall perform with his:/her own organization, all work
specified and required inthis agreement. ° No assignment or transfer
in whole or in part of this agreement shall be made without the
written consent of the Gty. .
8. Contractor may retain or subcontract ' for the services of other
~~ necessary consultants,. with, the 'written approval of City. Any such
subcontractors shall comp y:, to the extent applicable, with the terms
and conditions of this agreement'. and. all `of the obligations and duties
imposed upon the Con.tr.ac-tor hereunder,
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9. Contractor agrees to fully comply with all appropriate local, city,
state and federal laws, regulations and ordinances governing
performance of contractual services required hereunder, in accordance
with professionals standards of care . Animals shall not be sold or
released for the p:urposes of medical research or vivisection. In the
"event that the Cty''s Animal Regulation. Ordinance is amended, or any
other amendment's .should be adopted, or any. other ordinance be
enacted which would require Contractor to ;turn over any impounded
animal to an"y individual, firm, corporation• (public or private)..,
association, organization, or other entity except its owner, for any
purpose or in• any• manner whatsoever, or • which would require Contrac-
tor to dispose of .any animal in• any mariner other. than returning. it to
its owner,, placing; it in a bona fide home or destroying it in a manner
which Contractor, in its sole discretion, determines is not humane,
then Contractor may ~ terminate this Agreement immediately upon
enactment of said amendment or ordinance.
10. During the . performance o,f this' agreement, Contractor will not
discriminate against any employee or applicant for employment because
of race, religion:, creed,, color, • national origin, sex or age.
Consultant shall. take affirmative action to insure that applicants are
emp Dyed, and .that employees are 'treated during employment, without
regard 'to their` race; religion, creed., color, national origin, sex or
age.
1'l. All notices required or permitted by this agreement, including ngtce
of change of - address,• hall be :in writing and given by personal
delivery or .sent by United States, M'ai1, postage: prepaid and
addressed. to the parties intended to be notified. Notice shall be
deemed given as of the date of delivery in person or as of the date
deposited in any ,post office or -any post • office box regularly
maintained .by United •
States Govern ment. Notice shall be given as follows : '
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City :. City Clerk
City ' of Petaluma .
_ P. O. Box 61
Petalucna~„ California 94953
Contractor: Humane Society of Sonoma County
P.O. Box `1284
` Santa. Rosa, California 95402
12. All bills shall be sent to the designated pr-oject contact person on a
monthly basis or upon task completion; whichever is appropriate.
Bills will be checked by said contact .person for compliance with the
provisions of this agreement and. then forwarded to ".Accounts
Payab e" . City shall endeavor to make payment . of said bill within
thirty (30) days of receipt.
T3. All original papers, documents or computer material on disk or
rncro:fo"rm, and. .copies . thereof; produced as a result of thus.
agreement, shall be ° the ,property of City anal may not be used by
Contractor without the consen ;of Gity: Copies of such documents or
papers shall not be; disclosed to other- without the. written consent of
the City Manager or his' ,authorized representative.
14. Contractor hereb,,y covenants- and agrees. to, and shall, indemnify,
save harmless and defersd, the City .of Petaluma, its agents and/or
..employees against, alh claims., demands., costs, and liabilities for
damages of any kind. or nature arising qut of or occasioned by
Contras or's performance of its obligations pursuant to this
Agreement. However, ' this -indemnity does not extend to any loss,
damage, or expense arising out of 'the' negligence or willful misconduct
of the Gity or the City's emp ogees : The City Council may retain so
much of the money due Contractor as shall be. considered necessary,
un it disposition has been made 9f claims or suits for damsges as
aforesaid. ~"
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15. Insurance
Contractor shall procure and maintain for the duration.. of the contract
.insurance against claims .for injuries to persons or damages to prop-
erty which may ..arise from or in connection with the performance of
the work hereunder by the Contractor, his agents, representatives,
employees or subcontractors.. _ ,
A. Minimum Scope of Insurance
Coverage shall be at .least as broad as
(1) Insurance Services Office- form nurimber _ GL 0002 (Ed. l / 73 )
covering. Comprehensive . General Liability and Insurance
Services Office form number G;L 0404 covering Broad Form
Comprehensive ~ General- Liability; or Insurance Services
Office Commercial General Liability coverage ("occurrence"
form CG .0001;)
(2) Insurance .Servi`ces Office form number CA 0001 (Ed. /78)
covering ..Automobile Liability, code 1 "any auto" and
endorsement C°A 0025.
(3) Workers' Compensation insurance as required by the Labor
Code of the State of California and Employers Liability
insurance.
B . Minimum Limits ofInsurance
Contractor shall maintain limits no les than
(1) Comprehensive General Liability: $1,000,000 combined
single limit ,per .occur"rence for bodily injury, personal
injury and.. property damage.
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('-2) Automobile Liability: $1,-00D,000 combined, single limit per
accident for bodily injury and property damage.
(3) Workers.' Compensation and Employers Liability: Workers'
compensation limits as required. by the Labor Code of the
State ~ of California and Empaoyers Liability. limits of
$1,OOD,000 per accident..
C. Deductibles' and Self-Insured Retentions
Any deductibles .or self-insured reten ions must be ~ declared to
and approved by the City. At -the option . of the City, .either:
the insurer shall reduce .or eliminate such deductibles or self--
' .insured retentions as respe.ets the City, its officials and
employees:; or the Contractor shall procure a bond guaranteeing
payment of losses and related investigations, claim administration
and defense expenses=.~
D . Other Insurance Provisions
The policies are . -to con-fain, or be .endorsed to 'contain, the
following. provis.ons,,
(1) General Liabi'li'ty and Automobile Liability Coverages
(a) The City, its officials., employees and volunteers are. to
be covered as insureds' as respects: liability arising
out bf 'activities, ~per,formed by or ~ on behalf of the
Contractor; prod-acts and completed .operations of the
Contractor; premises owned, leased or used by the
Contractor-; or automobiles owned, leased, hired or
borrowed by the Contractor. The coverage shall
contain. no special, imitations on the scope of protection
afforded to .the City, its officials; employees or
volunteers.
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(b`.) The contractors ~ins.ur--ante coverage shall be primary
insurance .as respects the. City,,. its officials., employees
and volunteers. .Any' insurance or self:-insurance
maintained by the City, its officials, employees or
volunteers shall be excess of the Contractor's
insurance and shall not' contribute with it.
(c) Any :failure to comply. with reporting provisions of the
policies shall not affect coverage provided to the City,
its officials, employees or gol.unteers.
(d) Coverage shall state ghat: the Contractor's insurance
shall. apply separately to each insured against whom
claim is made , or suit is brought, except° with respect
to the limits of `the insurer's liability.
(2,) Workers' Compensation and Employers. Liability Coverage
The insurer shall agree to waive all `rights of subrogation
against the City, :its officials:, employees grid volunteers for
losses arising from work' performed by the Contractor for
the. City.
(3) .All Coverages
Each insurance. policy required.. by this clause :shall be
. endorsed to state that coverage sfiall riot be suspended.,
voided,, ' cance le'd, reduced • in,. cover-age or in limits except
after' thirty (30) days' .prior written notice by certified
mail, return receipt requested, has been ~ given to the City
in the manner ~ provided in Section. 2., herein .
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E. Verification of Coverage
Contractor shall furnish the Ci't,y with certificates. of insurance
and with original endorsements affecting coverage required by
this clause>. The cer-tificates' and endorsements for each
insurance ..policy are to be signed by a person authorized by that
insurer •to• bind coverage on its behalf. The certificates and
.endorsements are to be on for •provided by ,the City and are .to
be received and approved by the City before work commences.
F. Subcontractors
Contractor shall. ,include all s,ubconfractbrs as insureds under its
- policies or shall furnish separate certificates and endorsements
for each . subcontractor: All coverages for subcontractors shall
be subject to all of fhe requirements stated herein . '
G. Work Termination ~
In the event -that any of the above insurance policies should
lapse or be cancelled or terminated within. the period of the
contract,, the Contractor shall, cease all work hereunder until
such time as adequate insurance is reinstated pursuant to the
terms .of this agreement. ~ .
T6,. This agreement may' be rriodfedl, prodiding said. modification is in
writing and igned -by both parties. -
1.7. If litigation ensues' which. pertains. to , .the ubject matter of
Contractor's services hereunder, 'Contractor.; upon request from City,
agrees • to testify therein at a reasonable and customary fee.
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18. In the event either party hereto= shall commence any legal action or
proceeding-. by reason of. the alleged failure of the other to perform or
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keep' any. term., covenant. or condition of this agreement by it to be
performed or kept.; the ,party prevailing in said action or proceeding
shall be entitled to recover, in addition . to .its costs of .suit,
reasonable attorneys'' fees as fixed by the Court.
19. This Agreement constitutes the entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have executed this document the
day, month and year first .above written.
HUMANE SOCIETY OF SON;OMA COUNTY CITY OF PETALUMA
P. O: $ox 1284
Santa. Rosa, California 95402
City Manager
Taxpayer I . D . No . 94-60.0'1315
.ATTEST:
'Dan C . Knapp
Executive ID.ireetor
humane 1
agrmtl
8'/.04/89
rev. 7/11/90
City ~ Cler
APPROVED AS TO FORM;
Gi y Attorney
Finance Officer Auditor
Risk Manager
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ATTACHMENT A
TO PROFESSIONAL SERVICESAGREEMENT
ANIMAL CONTROL 'SERV,ICE°SCONTRACT
DUTIES TO BE PERFORNtED .BY THE'. CQNT,RACTQ;R AT THE SHELTER
Duties performed by the contractor at the shelter' will includef but are
not limited to, collecting fees for the ,City and providing proper
documentation of same;,issiin~g dog and cat licenses, cleaning kennels,
feeding animals, euthana°sia of non-a~dop:table animals, .computer data entry,
cgmpiling statistics, hand'l'ing p°hone calls:, greeting the public, animal
adoption and redemption>, disposal of animal carcasses, preparation and
printing of public educational materials, routine building maintenance,
medicating and ~ caring for sick animals, preparation of animal control
budget,, and purchases as necessary to. run Animal Control Services.
The contractor will perform. all animal control services necessary for a
fully operational field services progr:.am. Routine field operations will be
' conducted 8 a.m. to 5 p...m. Monday - Saturday with emergency field
services provided on a 2.4-hou_r basis. ,.
Duties ,performed. by the contractor in the field will include,. but are
not limited to, patrol ~ .of city streets and parks, 24 hour emergency
response to sick or injured animals (both. domestic and wild) , investigating
animal; complaints, investigating and abating anma`1 nuisances, investigating
animal cruelty, enforcing Federal, State.. and local laws pertaining to
animals.,; picking up road kills and other dead. -animals (both domestic and
wild) , 24 hour emergency re"spouse to vi`cio.us animal calls, transportation
of animals to and from veterinary services:, trapping of wild and domestic
animals, ;field euthanasia, when. necessar-y,;investigating dog bite cases and
coordinating quarantine,, coordinating =response. to_ miscellaneous complaints
such as insect swarms., providing education ervices to ~ schools, 'etc. , upon,
request., coordinating with other city services., court room testimony, and
preparation of reports' as necessary to_ .document cases investigated and
work performed.
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G:EN-ERAL
1. Days and. Hours of Operation: Shall be six days a week Monday
through. Saturday (excluding city 'recogni'zed, holidays) . 'The hours of
operation shall 'be from 8:00 a.m. - 5:00 p:m. The shelter shall be
- open to the public from 10:00 a._m. - 5'x00 p,.m. Monday - .Saturday.
2. Driver qualifications:: A11 persons performing Animal Control Services
within the City .of' Petaluma, who. will be driving in performance of
their duties will be required to possess a valid California Drivers
License . ~-
3. Personnel:: The: ~eomtractor shall make available to the City a current
roster of all employees involved ~in providing Animal Control Services
to the City. The contractor shall furnish the City with a copy of
any and all labor agreements which would involve the contractor's
employees or ability- to provide services.
4. Communications : The contractor will be responsible for
communications with the public- both in. person and over the telephone
during normal business hours.. The contractor shall also provide a 24
hour emergency contact number b;y which the Police Department can
< obtain emergency services from the con"tractor as needed.
5. Mobile Communications: The City will provide two mobile radios by
which the contractor's employees , may communicate with Police
dispatch.
6. Operation Data.: The contractor .shall provide operational data on a
monthly basis including but not limited to numbers of animals .
handled, number of adoptions handles, ri:umber of animals euthanized,
fees collected, dog licenses issued and number of complaints handles.
The reporting form for these statistics. shall be provided by the City.
7. Financial Records: The ~ contractor. shall maintain accurate records '
and accounts to the City's satisfaction of all receipts, expenditures,
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evidence of indebtedness and credit all financial transactions relating
to the operation of City Animal Control Services .
8. P'~t Licensing: Recognizing. the fact that licensing of pets as well as
other similar programs generate revenue for the City, the contractor
will vigorously pursue ouch programs insuring the City's ability to
maintain ongoing 'animal control services.. The contractor will complete
appropriate city forms for animal licensing and forward to the City on
a daily basis. The City will provide' the contractor with weekly
updates on animal licensing. Annual pea license renewal .will. be the
reponsibiIity of the City. .
9. ,General :Revenue :. A;11 revenue ' .generated through the contractor's
activities on, behalf of the. City of Petaluma shall be transferred to the
City's general fund:. on a daily basis: A11 revenue generated or
expended will be documented accordingly as deemed appropriate by
the City Finance Diree pr.
THE ANTMAL CONTROL CENTER
1. The Facility: The :City will provide the shelter. facility including all
office and kennel space currently being used by Petaluma Animal
Control as of August 1, 1989. '
2 . Utilities : The City will. provide utilities to run the center including
telephone, electrical and gas. L..P. gas will not be provided for the
pathological incinerator,
3. Cleaning: The contractor shall p~rovi;de cleaning of the facility and all
eleaning~ supplies.
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4. ~ Tools : The City ' hall ~ provide all tools and equipment currently being
used -at the center for.. the use. of the; ~ contractor.. The contractor
hall be responsible for replaceme_rit of tools and equipment that wear
out due to normal usage.
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5: Supplies : .The contractor shall provide all' food, cleaning supplies,
medical supplies and paper -supplies to run the Animal. Control. Center
except that the City will provide those forms necessary for
documentation of ser.vi'ces. on the. Gity's behalf (i.e. ,. licensing forms,
etc..) including pet`licenses;.
6: Facility Safety: The contractor "wi1T be responsible for the actions of
the contractor's employees w~i h regard to employee safety:. The
contractor will >je respons'ble, ~ for maintaining a clean., ~ safe
environment .
7. -All city owned equipment at the Animal Control Center is to remain at
the shelter. The City does not relinquish ownership of any currently
owned city equipment to the contractor. '
FIELD OPERATIONS
1. Vehicles: The City has provided Contractor two compact pickup
trucks (1-1981 batsun„ VIN #JN6MD06SSBW02'7.24; and 1-1984
Chevrolet pickup VIN # 1GBC'SI4B4E8137609) equipped with animal
containment apparatus. 'The contractor is to' provide for regular- care
and maintenance o'f these vehicles:: The Contractor retains ownership
of these vehicles, until the end. of this contract, at which time they
will be sold to the ~ City :for $1:00 each. Replacement: will not be
provided for the. vehicles by, the City' either for extended out of
service time or when ~ repla:cement is necessary due to normal, wear and
tear.
2. Fue and Oi'1: The contractor shall provide .all fuel and oil for the
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vehicles necessary to conduct .field operations. . .
3. Field Equipment: T.he City will,. provide the. .contractor with all
equipment currently utili'ze'd in field activities by the Animal Control
Center. The contractor :will 'be responsible. for care, maintenance and
replacement of field operanions equipment.
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4, Field Operation Forms.: The City will provide all forms necessary far
documentation of field activities and enforcement (i.e. , citation forms
and report forms) .
CONTRACTOR RE'QU.L_R-EM°ENTS
The cantractor will report directly. to the .Chief of Police anal his
designated representatives. The term of contract will. be for two (2)
years.
The .contractor is .required to provide an operations manager and to
hire: all employees required for operation .and; maintenance of animal control
' services. "
The ..contractor will. per,:form services subject to the standards set
forth by° the. City with regard to rates,, charges and schedules. as
established by the: City. Final authority in all mattes- shall be left to the
discretion of the City.
The .contractor will monitor ,the activity of Animal Control Services in
general (i.e. , animals h'andled;, 'etc..') , and provide the City with monthly
activity report within ten (,1.0); days of completion of the calendar month.
Monthly operating financial and management reports will also "be submitted
to the City.
Contractor shall keep. separate and. independent, records and books
devoted. to Petaluma's Animal. Control system. The City or its designated
accountant ~ or auditor shall, have the right of access to and inspection of _.
-all books. and records of the contractor during. ordinary business hours.
The City or contractor may .terminate, . this agreement prior to the
beginning of the second or third fiscal years. Notice shall be- in writing
not les's than ninety (90',,): days prior to the end of the current operating
fiscal year.
If~ contractor has defaulted . in °any par.-t .of the contract, City may
suspend. contra:ctor's operation; =upon five (5~) d'ays' written notice, and City
may operate. the system thereafter pending' outcome of the dispute or the
termination of the contract as above provided.. In the event the agreement
is cancelled, all pertinent data prepared, for the project shall be made
available to the -City and"may 'be: used 'by the City without additional cost.
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Contractor will >je required to .make its services available to all
members of: the public.
Contractor shall notify the designated police department
represen;tatiwe of service deviations as soon as possible so that City may
respond to public inquiries in~ a timely sand accurate manner.
Contractor shall maintain service to ; the public as presently
established by City. Repeated deviations in service, except for reasonable
causes beyond. thee. control of contractor .shalt .be cause for termination of
this .agreement.
Contractor .shall `be responsible to ~dis.close any matters relating to
conflicts of interest or incompatible aetivites of contractor to City
officials.
humane 2
agrmtl
8/04/89
rev 7/10/90
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