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PROFESSIONAL SERVICES AGREEMENT WITH
ORANGE COUNTY HUMANE SOCIETY
FOR ANIMAL SHELTERING SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this G( day of April, 2011 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and ORANGE
COUNTY HUMANE SOCIETY, a California nonprofit corporation ( "Contractor'), whose
address is 21632 Newland Street, Huntington Beach, California 92646 and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. In accordance with Chapter 7.16 of the City's Municipal code, all dogs, fowl or
other Animals found running at large on the streets, alleys, parks, beaches or
other public places in the City may be impounded.
C. City does not currently own or operate any facilities suitable for impounding and
caring for dogs, cats, fowl, or other Animals that may be impounded.
D. City desires to engage Contractor to provide facilities for receiving, sheltering and
caring for dogs, cats, fowl and other Animals that may be picked up running at
large on the City streets and to provide related services as more specifically
outlined in the Scope of Services attached in Exhibit A. ( "Project ").
E. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
F. The principal member of Contractor for purposes of Project, shall be Debbie
Gonzales.
G. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on April 30, 2016 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Contractor acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. City and Contractor acknowledge that the above
Recitals are true and correct and are hereby incorporated by reference. Contractor
shall diligently perform all the services described in the Scope of Services attached
hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The
City may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure
by Contractor to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due to
causes beyond Contractor's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Contractor's
control.
3.2 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the
circumstances, by either e-mail, telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis, in accordance with the provisions of this Section and the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated
herein by reference. No rate changes shall be made during the term of
this Agreement without the prior written approval of the City except for the
annual adjustment to the rates as more particularly described Section 4.2
below. Contractor's total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall
not exceed One Hundred Five Thousand Dollars and 00 /100
($105,000.00) per contract year without written amendment to the
Agreement, subject to the annual adjustment in accordance with Section
4.2.
4.2 Upon the first annual anniversary of the Commencement Date and upon
each annual anniversary of the Commencement Date thereafter, the base
monthly contract rate to be paid by the City as set forth in Exhibit B shall
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be increased by 3.0% per contract year. No other billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the base
monthly contract fee, and a description of any reimbursable itemized
expenditures such as: controlled substances for Animal Control Officers,
emergency and non - emergency medical care, quarantine holding fees,
and hold extensions. City shall pay Contractor no later than thirty (30)
days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Contractor:
4.4.1 The actual costs of subcontractors for performance of any of the
Services that Contractor agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
4.4.2 Approved reproduction charges.
4.4.3 Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Contractor in the
performance of this Agreement.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Contractor has designated Debbie Gonzales to be its Project
Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Contractor, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
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Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Police Department. The Traffic Services
Lieutenant or his or her designee, shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to, where applicable:
7.1 Provide transport of animals to the shelters designated drop -off areas.
7.2 Assist Contractor in locating and notifying owners of missing pets.
7.3 Coordinate with Contractor in developing a working relationship with
animal rescue groups and organizations.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Contractor certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Contractor represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Contractor to practice its
profession. Contractor shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Contractor's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
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9. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties') from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, subcontractors, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Contractor
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Contractor.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and
Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Contractor or any of Contractors
employees or agents, to be the agents or employees of City. Contractor shall have the
responsibility for and control over the means of performing the Work, provided that
Contractor is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Contractor as to the details of
the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Contractor on the Project.
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12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
14.1 Proof of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a.
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at anytime.
Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Contractor, his agents, representatives, employees or
subcontractors. The cost of such insurance shall be included in
Contractor's bid.
14.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
14.3 Coverage Requirements.
14.3.1 Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Contractor's employees in accordance
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with the laws of the State of California, Section 3700 of the Labor
Code In addition, Contractor shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subcontractor's
employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.3.2 General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
14.3.3 Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
14.3.4 Professional Liability (Errors & Omissions) Coverage. Contractor
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
14.4 Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following
provisions:
14.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
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14.4.2 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Contractor of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
14.4.3 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
14.4.4 Notice of Cancellation. Contractor agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
14.5 Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement.
14.6 Additional Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Contractor, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Contractor.
Assignments of any or all rights, duties or obligations of the Contractor under this
Agreement will be permitted only with the express written consent of City. Contractor
shall not subcontract any portion of the Work to be performed under this Agreement
without the prior written authorization of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Contractor, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
Documents, including drawings and specifications, prepared by Contractor pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Contractor
will be at City's sole risk and without liability to Contractor. Further, any and all liability
arising out of changes made to Contractor's deliverables under this Agreement by City
or persons other than Contractor is waived against Contractor and City assumes full
responsibility for such changes unless City has given Contractor prior notice and has
received from Contractor written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Contractor's drawings and specifications provided under this Agreement.
20. RECORDS
Contractor shall keep records and invoices in connection with the Work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to 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 under this
Agreement. All such records and invoices shall be clearly identifiable. Contractor shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Contractor shall allow inspection of
all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Contractor under this
Agreement.
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21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Contractor,
the additional design, construction and /or restoration expense shall be borne by
Contractor. Nothing in this paragraph is intended to limit City's rights under the law or
any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
24. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the Work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Contractor to City shall be addressed to
City at:
Attn: Traffic Services Lieutenant
Police Department
City of Newport Beach
870 Santa Barbara Drive
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Newport Beach, CA 92660
Phone: 949 - 644 -3740
Fax: 949- 644 -3794
All notices, demands, requests or approvals from CITY to Contractor shall be addressed
to Contractor at:
Attention: Debbie Gonzales
Orange County Humane Society
21632 Newland Street
Huntington Beach, CA 92646
Phone: 714 - 536 -8480
Fax: 714 - 536 -4541
26. CLAIMS
The Contractor and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Contractor shall be
required to file any claim the Contractor may have against the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Contractor. In the event of termination under this Section,
City shall pay Contractor for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Contractor has not been previously paid. On
the effective date of termination, Contractor shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
28. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted. In addition, all Work
prepared by Contractor shall conform to applicable City, county, state and federal laws,
rules, regulations and permit requirements and be subject to approval of the Project
Administrator and City.
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29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
32. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
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If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
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37. NO ATTORNEY'S FEES
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorney's fees.
38. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE QF THE CITY ATTORNEY
Date: !
By:
Mynette /D. eau mp
�'ssista ity Att ney
ATTEST: ,(
Date: 7 "27"
MIA I
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Michael F. Henn
Mayor
CONTRACTOR: ORANGE COUNTY
HUMANE SOCIETY, a California nonprofit
corporation
Date:
Iz
Rv- ^ ^ I
r. bamir Botros
Owner
Date: 4 i L2-1 1 20 11
�y
B S OLCIc
Milad Saad
C.F.O.
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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ANIMAL SHELTERING SERVICES
EXHIBIT A - SCOPE OF SERVICES
1. Animal Acceptance
1.1 Acceptance of Animals. The Contractor shall accept any dog, cat,.bird, fowl, reptile,
guinea pig, hamster, pot - bellied pig, or any other animal (e.g. small livestock and
other exotic animals) on behalf of the City of Newport Beach that are brought in by
Newport Beach Police Department staff. This includes live strays, deceased animals
for disposal, and owner - releases for adoption or euthanasia.
1.2 Provisions. The Contractor shall ensure that proper housing and food are available
for all animals accepted. In the case that the shelter accepts an animal that requires
food and /or supplies that is not regularly stocked at the shelter, a reasonable effort
should be made to obtain said food and /or supplies on an as- needed basis.
1.3 Drop -off Procedures. The Contractor shall provide a procedure whereby animals
may be delivered to the shelter. The procedure shall provide Newport Beach
Animal Control staff with flexibility in drop -off times for animals; Newport Beach
Police Department staff must be able to access the shelter portion of the facility and
disposal freezers 24 hours per day. Newport Beach Police Department staff will
assume primary responsibility in contacting owners of impounded animals.
1.4 Holding Periods. The following holding periods, as determined by State of California
regulations, shall apply to those animals delivered to the Contractor by Newport
Beach Animal Control Officers (ACO), or Police Department staff or relinquished by
a citizen of the City of Newport Beach:
1.4.1 Stray Animals: 5 calendar days (hold released on the 6th day)
1.4.2 Owner - Relinquished Animals: 3 calendar days (hold released on the 4`" day)
1.4.3 Feral Cats: 3 calendar days (hold released on the 4th day)
1.4.4 Bite Quarantines: 14 calendar days (hold released on the 15th day)
1.4.5 Special Handling Holds: 45 calendar days (City has the option to extend this
hold beyond the initial 45 calendar days for $10 per day, per animal). These
holds are reserved only for instances in which an animal is in protective
custody pending a court hearing, animal cruelty cases, and cases in which the
owner is incapacitated.
1.4.6 Newport Beach ACO Hold: 2 calendar days (This hold is utilized after
applicable holding periods have expired and when an animal delivered to the
Contractor by Newport Beach Police Department staff or relinquished by an
owner who is a citizen of the City of Newport Beach is determined to be in
need of euthanasia for non - medical reasons. Newport Beach Police
Department staff will have two days to transfer these animals to a rescue
society or coordinate an alternative to euthanasia).
Orange County Humane Society Page 15
1.4.7 Upon expiration of the designated holding periods, ownership of animals will
transfer from the City of Newport Beach to the Orange County Humane
Society.
1.4.8 Any holding days that expire on an approved holiday as listed in Section 4.1
shall resort to the next business day.
1.5 Owner Relinquished Pets. The Contractor shall accept those animals that are
willingly relinquished by citizens of the City of Newport Beach. The owner must
provide proof of ownership of the animal, a current Driver's License showing a City
of Newport Beach address, a copy of a current utility bill showing a City of Newport
Beach address, and complete necessary relinquishment forms required by the
Contractor and City. Owner shall be responsible for paying vaccination fees if the
relinquished animal is determined not to be current on vaccinations, as well as an
Owner Relinquishment Fee as determined by the Contractor.
1.6 Feral Cats. The Contractor shall have appropriate procedures for handling and
minimizing stress in feral cats. The Contractor shall have a designated area for feral
cats that isolates said cats from the general public. TNR (trap /neuter /release)
program shall be implemented when requested and authorized by Newport Beach
Police Department staff.
2. Shelter Operations
2.1 Facility Requirements. The Contractor shall have an adequate number of dog
kennels, cat cages, and isolation facilities for quarantined animals, hereby defined
as a minimum of ten (10) dog cages and fifteen (15) cat cages designated for the
City throughout the entire facility located at 21632 Newland Street, Huntington
Beach, California 92646 (the "Shelter"). Cat cages must utilize actual cat /kitty litter
as opposed to paper or any other substitute. The Shelter shall be maintained in a
clean and sanitary condition. The Shelter shall comply with the standards set forth
in the Humane Society's Uniform Standards Guidelines (HSUS) for the operation of
an animal shelter. The Newport Beach Police Department staff reserve the right to
enter and inspect the premises during regular business hours for the purpose of
inspecting the Shelter for compliance.
2.2 Care. The best possible care and treatment shall be given to all animals held in the
custody of Contractor. Adequate housing and food shall be provided and the
Shelter shall not be overpopulated. The Contractor should have veterinary services
available during normal business hours. Pet owners of impounded animals would
remain responsible for all routine /emergency veterinary care costs. The Contractor
shall provide means for the isolation of contagious animals that will allow for
humane care and not expose other sheltered animals to risk.
2.3 Special Handling. The Contractor must ensure that animals with Police holds,
quarantines, or pets held in protective custody shall be in an isolated area not
Orange County Humane Society Page 16
permitting the public to have access or visit. if an animal is in protective custody,
Newport Beach Police Department staff would have permission to extend a pet's
stay if necessary until a case is resolved, e.g. pending cruelty, court case, etc. These
animals shall not be removed from the isolated area without approval from
Newport Beach Police Department staff.
2.4 Euthanasia. The Contractor shall arrange and /or provide for the humane
euthanasia and disposal of unwanted animals. This shall be accomplished in a
manner approved by Federal or State regulations, which shall not subject such
animals to any unnecessary pain. The Contractor shall also accept owner -
relinquished animals for euthanasia and disposal. The primary veterinarian of the
Contractor shall be the authority in opting for euthanasia for medical reasons. The
Contractor shall contact Newport Beach Police Department staff no fewer than two
(2) days prior to euthanizing any animal for non - medical reasons; the purpose of
this coordination is to allow Newport Beach Police Department staff time to arrange
an alternative to euthanasia, if possible. Maintaining the lowest euthanasia rate as
practically possible is an essential component of this Agreement.
2.5 Emergency Veterinary Care. The City may choose to have the Contractor perform
emergency veterinary care on a case by case basis. This type of service should be
performed as deemed necessary by Newport Beach Police Department staff.
2.6 Supply Controlled Substance. The Contractor shall be licensed to dispense and
supply the Animal Control Officers employed by the City of Newport Beach with the
controlled substances necessary for performance of field captures and euthanasia.
The Senior Animal Control officer, or his /her designee, shall be responsible for
placing orders for controlled substances through the Contractor, allowing the
Contractor with one (1) week to order and receive the requested supplies. Excess
controlled substances shall be stored at Newport Beach Police Department
headquarters. The following is a current list of controlled substances and the
estimated amounts needed:
2.6.1 Telozol (class III drug, 100 mg /ml concentrate, used primarily in dog capture);
2.6.2 Ketamine (class III drug, 100 mg/ml for cats and subhuman primates, also
used in dog capture);
2.6.3 Euthanol (class II drug, 250 ml bottle, for euthanasia only).
2.7 Coordination with Rescue Groups. The City has traditionally worked with various
animal rescue organizations and groups toward rescuing animals that are up for
euthanasia, particularly feral cats and kittens. Contractor shall put forth a
reasonable effort toward coordinating with City- designated rescue organizations
and groups. Contractor shall also not charge these City- designated rescue
organizations and groups any fees for rescued animals. However, Contractor is
Orange County Humane Society Page 17
authorized to charge the City for spaying /neutering fees for these unaltered rescued
animals at a rate of fifty percent of the adoption fee based on the type of animal.
2.8 Contractor shall provide support in animal cruelty investigations by performing
examinations, necropsies, reports, or other procedures necessary to a case.
3. Adoption Protocol
3.1 Adoption. The Contractor shall be responsible for making every reasonable effort to
prepare and present animals for adoption by the public and to facilitate the
adoption process. The Shelter Coordinator, as provided for in section 4.3 below,
shall make an effort to find an adoption home for all adoptable animals in the
shelter. All adoptable animals are eligible to be placed for adoption once the
holding period is up for the animal's owner to claim.
3.2 Adoption Fees. The following fees shall be charged to the public for the adoption of
animals. Below is a description of all the services included in every adoption. The
Contractor shall notify the City in the event any of the adoption fees are changed.
All adoptable animals prior to adoption shall be vaccinated to the extent that they
are brought current with vaccinations; the vaccination amounts listed below are
assumed for animals that are either born in the Shelter or otherwise have not
received any vaccinations.
3.2.1 Cat: $90
The cat adoption fee includes a basic shelter vaccination package with each
adoption including: a veterinarian exam, 1 FVRCP vaccine, 1 rabies vaccine, 2
intestinal de- worming treatments, flea treatment medications, neuter /spay,
and microchip implant.
3.2.2 Kitten: $110
The kitten adoption fee includes a basic shelter vaccination package with
each adoption including: a veterinarian exam, 2 FVRCP vaccine, 1 rabies
vaccine, 2 intestinal de- worming treatments, flea treatment medications,
neuter /spay, and microchip implant.
3.2.3 Dog: $130
The dog adoption fee includes a basic shelter vaccination package with each
adoption including: a veterinarian exam, 1 DHPP /BOR (intranasal) vaccine; 1
rabies vaccine, 2 intestinal de- worming treatments, flea treatment
medications, neuter /spay, and microchip implant.
3.2.4 Puppy: $150
The puppy adoption fee includes a basic shelter vaccination package with
each adoption including: a veterinarian exam, 2 DHPP /BOR (intranasal)
vaccines, 1 rabies vaccine, 2 intestinal de- worming treatments, flea
treatment medications, neuter /spay, and microchip implant.
Orange County Humane Society Page 18
4. Administrative Protocol
4.1 Inspection Hours. Visitors shall be permitted to view all impounded animals at the
Shelter during normal inspection hours. Inspection hours shall be posted so as to be
easily observable at the front exterior of the Shelter. The Shelter shall be closed on
the following holidays and their extensions;
Holidav
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
New Year's Day
Easter
Memorial Day
Holiday Description
July 4
1st Monday in September
4th Thursday in November
December 25
January 1
Designated Sunday in March /April
Last Monday in May
4.2 Standards of Practice. The Contractor shall be responsible to comply with the
following standards of practice, as required by the City:
4.2.1 Require an experienced veterinary technician under the supervision of a
licensed veterinarian during all business hours;
4.2.2 Frequency of Shelter and cage cleaning;
4.2.3 Veterinarian and Shelter both must be licensed by the California Department
of Consumer Affairs State Board of Veterinary Medicine (under the California
Veterinary Practice Act);
4.2.4 Shelter and standard of veterinary medicine practiced are in full compliance
with California Veterinary Practice Act.
4.3 Shelter Coordinator. The Contractor shall make available to the City a Shelter
Coordinator. The duties of this position shall include:
4.3.1 Reviewing Shelter practices and procedures to ensure efficient and
economical use of resources;
4.3.2 Cleaning and disinfecting Shelter areas /cages;
4.3.3 Maintaining records on animals in the Shelter;
4.3.4 Provision of animal behavior evaluation upon expiration of hold period;
4.3.5 Contacting local rescue groups as needed for long -term animals;
4.3.6 Assisting with various adoption /fundraising events;
4.3.7 Ability to work well with the general public;
4.3.8 The Shelter Coordinator shall be relied upon as the City's primary point of
contact pertaining to daily sheltered animal - related matters and as such,
should have a designee in his /her absence who is also aware of daily
operational matters.
Orange County Humane Society Page 19
4.4 Pet Licensing. The Contractor shall be able to sell City of Newport Beach Dog
Licenses and accordingly, mail copies of such licenses as well as any monies
collected through such sales to City vendor'Petdata.' Contractor shall also provide
its staff with some sort of electronic (i.e. computer) means to access and verify
current dog license information when an owner arrives to reclaim a dog._
4.5 Collection of Fees. The Contractor shall be responsible for collecting all fees
(Examples: license fees, etc.) due to the City, issuing receipts for payment and
remitting monies due directly to the City. The collected fees shall be deposited into
an on -site safe designated for City fees. The funds in this safe shall be collected by
Newport Beach Police Department staff and returned to the City for deposit.
4.6 Record Keeping.
4.6.1 Contractor shall keep at the premises records for a period of not less than
three (3) years after the expiration of the calendar year;
4.6.2 Contractor shall provide signed and certified financial statements prepared
by an independent firm of certified public accountants, or signed copies of
the Contractor's Form 990 prepared by a certified public accountant. These
records shall be required to be provided to City before commencement of
the Agreement and again each time before the Agreement term is to be
extended;
4.6.3 Contractor shall keep records (computer - generated and in an Excel -
compatible format). The Contractor shall be required to develop its own
record - keeping procedure and maintain records of all animals it handles in
the performance of the Agreement. The reports shall at the minimum
include the number of impounds, disposition of animals, and fees collected
that are payable to the City. The following is a more comprehensive list of
the information that shall be included in the monthly report.
4.6.3.1 Description of the animal, including its breed, color, size, sex,
disposition
4.6.3.2 Who brought in the animal, date animal was brought in, where and
how the animal was obtained
4.6.3.3 The animal's owner
4.6.3.4 Duration of stay
4.6.3.5 When the animal was redeemed, who redeemed the animal
4.6.3.6 When the animal was adopted, who adopted the animal and when
4.6.3.7 Name and address of new owner
4.6.3.8 When the animal was euthanized
4.6.3.9 Disposition of all complaints regarding animals
4.6.3.10 All dangerous or potentially dangerous animals and dog -bite
incidents
Orange County Humane Society Page 20
4.6.3.11 All criminal citations issued and their final disposition
4.6.3.12 Fees collected
4.6.3.13 Records of licenses sold with names and addresses
4.6.4 The Contractor shall keep accurate records of dog licenses sold. Verify dog
licenses are current and valid before billing owner for a new license. The
Contractor shall maintain all rabies records and be able to furnish said
records upon request.
4.6.5 The City may claim reimbursement for certain animal sheltering costs from
the State of California under SB -90, State Mandates. Contractor shall collect
and maintain records identified by the City's Revenue Manager, or his or her
designee, as necessary for filing of SB -90 claims during the normal course of
business. Contractor shall provide copies of identified records within ten (10)
working days of request.
4.6.6 The City shall have the right, subject to reasonable written notice, to conduct
a compliance review of the books and records of the Contractor and Shelter.
Contractor shall provide copies of records within ten (10) working days of
request.
4.6.7 Contractor shall fully cooperate with City to conduct compliance review. If,
upon the completion of compliance review of records, it is determined that
expenditures billed to the City by the Contractor were not in compliance with
this contract, the Contractor shall reimburse the City all such funds within
thirty (30) days of the date the City notifies Contractor in writing of the
amount owed the City. Contractor shall reimburse City for City's costs in
performance of a review if, as a result of the review, it is determined that a
discrepancy of ten percent (10 %) or more of the contract service fees paid
during the period reviewed is due. Contractor shall reimburse the City for
costs within thirty (30) days of the date the city notifies Contractor in writing
of the amount of City's cost.
Orange County Humane Society Page 21
ANIMAL SHELTERING SERVICES
EXHIBIT B — SCHEDULE OF BILLING RATES
5. Fees Payable to Contractor by City
On a monthly basis the Contractor shall bill the City for charges incurred during the
preceding month. Contractor shall provide a summary sheet listing the charges for each
fee and service, which shall include copies of a Shelter log, spay and neuter log, and
medical treatment log. The monthly bills to the City shall encompass only the following
components:
5.1 Base Monthly Contract Rate: $7000 per month
Contractor shall bill City a base monthly contract rate which includes all non -
itemized items and administrative costs of operating the animal shelter on a
monthly basis, including the boarding of unclaimed animals, basic medical care,
euthanasia, and disposal of euthanized animals.
5.2 Controlled Substances:
Contractor shall bill City for any medical supplies received by Newport Beach Police
Department staff, as designated in the Scope of Services.
5.3 Misc. Non - Emergency Medical Care:
Contractor shall bill City for any services requested by Newport Beach Police
Department staff to be performed above and beyond those non - emergency
medical care services that are included in the Base Monthly Contract Rate. Per the
negotiated terms of this Agreement, all non - emergency medical care billed to the
City shall be charged at 40% off the normal rate.
5.4 Emergency Medical Care:
Contractor shall bill City for the provision of reasonably necessary and prompt
medical procedures by a veterinarian or someone under the supervision of the
veterinarian to stabilize and /or relieve the suffering of an injured animal delivered
by the City. The City shall be responsible for paying fees for this service except for
those instances in which an owner claims an animal, in which the owner shall be
responsible for emergency medical care fees.
5.5 Quarantine Holding Fees: $50 for the first day; $10 per day thereafter
Contractor shall bill City for the holding of quarantined animals on a case -by -case
basis when deemed medically necessary. These animals are not subject to the
holding periods as listed in the Scope of Services.
5.6 Hold Extensions: $10 per animal for each day beyond the 45th day
As part of the base monthly contract rate, Contractor agrees to include a 45 -day
"Special Handling" hold for those animals needing safekeeping (i.e. animal cruelty
Orange County Humane Society Page 22
cases, pending court cases, owner incapacitation). Contractor shall bill City for any
hold extensions requested beyond the provided 45 days.
5.7 Spaying /Neutering Fee for Rescued Animals: Contractor shall bill the City for
spaying /neutering unaltered animals that are designated for rescue by the various
City- designated rescue groups and organizations. The fees billed to the City for
these services shall be fifty percent of the adoption fee based on the type of animal.
6. Fees Remitted to City by Contractor
The Contractor shall be responsible for collecting all fees (Examples: license fees,
etc.) due to the City, issuing receipts for payment and remitting monies due directly to
the City. The collected fees shall be deposited into a safe designated for City fees at the
Shelter. The funds in this safe shall be collected by Newport Beach Police Department
staff and returned to the City for deposit.
6.1 Pet Licensing Fees:
Contractor shall remit to the City any fees generated from the sale of pet licenses
for the City of Newport Beach.
6.2 Unaltered Animal Fees:
In accordance with State of California Food and Agricultural Code Sections 30804.7
and 31751.7, Contractor shall collect an unaltered pet fee for any animals delivered
to the shelter whose owner has not spayed or neutered their pet. The current
charges to be collected are as follows:
First occurrence (impoundment): $35
Second occurrence (impoundment): $50
Third occurrence (impoundment): $100
NOTE: The above charges will be automatically deemed amended to correspond
with any changes in these fees that are approved, implanted or adopted by the
State of California
Any and all fees collected in this matter shall only be expended by the City for the
purpose of humane education, programs for low cost spaying and neutering, and
any additional costs incurred by Newport Beach Police Department staff, society for
the prevention of cruelty to animals shelter, humane society shelter, or rescue
group.
Orange County Humane Society Page 23
CITY OF =
M
NEWPO
CgCI FpRN�' City Council E
Agenda Item No. 7
April 26, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL C -437
FROM: Police Department
Lieutenant Steve Koudelka
949 -644 -3701, skoudelka(a)_nbpd.org
Office of the City Manager
Rob Houston, Assistant to the City Manager
949 -644 -3033, rhouston(a)newportbeachca.gov
PREPARED BY: Anthony Nguyen, Senior Buyer
APPROVED:
TITLE: Animal Sheltering Services
ABSTRACT:
Selection of an animal shelter to provide shelter, medical treatment, spaying /neutering,
impounding, adoption and licensing services for the City.
RECOMMENDATION:
Approve the execution of an agreement with the Orange County Humane Society for
the provision of animal sheltering services in an amount not to exceed $94,000 annually
for a period of two (2) years, with the City option to renew for three additional one -year
terms.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this purchase. It will be
expensed to the Professional and Technical Services account in the Police Department,
1840 -8080.
DISCUSSION:
Background of RFP Process:
The City of Newport Beach ( "City") and Dover Shores Pet Care Center ( "Veterinarian "),
a California corporation, entered into an Agreement on May 1, 2001 to provide shelter,
Animal Sheltering Services
April 26, 2011
Page 2
medical treatment, spaying /neutering, impounding, adoption and licensing services. A
Request for Proposal (RFP) process was initiated by the City after Dr. Bruce C.
Bauersfeld, owner of Dover Shores Pet Care Center, formally submitted his written
notice of intent to terminate the Agreement. Dr. Bauersfeld cited rising expenses and
indicated a need for the fee schedule as stated in the Agreement to increase, despite
the fact that the fees were already adjusted on a biennial basis to reflect Consumer
Price Index changes. Dr. Bauersfeld's notification, combined with an analysis of the
Departmental budget and the fact that a fee increase beyond the contractual allowance
could not be authorized without undergoing a competitive procurement process, it was
in the City's best interest to consider facilitating a formal bidding process for these
services to see what options existed.
There was concern from City staff regarding the level of interest in this project from
potential service providers for two reasons: first, there are relatively few animal shelters
in or geographically near the City and second, the typical provider for this service ideally
should have both a shelter and a veterinary function within the same operation. These
concerns served to highlight the need to be extremely thorough in the RFP development
process.
In February of 2011 the City issued an RFP inviting proposals for animal sheltering
services. In addition to being posted on the City website, the RFP was sent directly to
thirty -one (31) animal shelters and veterinary practices in Orange County. In total, four
(4) responses were received from: Back Bay Veterinary, Dover Shores Pet Care Center,
Orange County Animal Care, and Orange County Humane Society. Given the concerns
mentioned above, this response rate is seen as responsive. In accordance with the
City's RFP evaluation procedures, a Review Board convened to evaluate and rank the
proposals. This Review Board consisted of: Rob Houston, Assistant to the City
Manager; Police Lieutenant Steve Koudelka; Hortensia Mato, Revenue Auditor; Valerie
Schomburg, Senior Animal Control Officer; and Mike Teague, Animal Control Officer.
Background of Proposals Received:
All four (4) proposals received were different not only in the actual contract rate
proposed but also in the structure of the contract rate proposed. That is, some firms
proposed a contract rate that included boarding and spaying /neutering fees whereas
some firms specifically noted their proposed contract rate excluded those fees. In order
to accurately compare the proposals a cost analysis was performed on each proposal.
The analysis took into consideration each proposed annual contract rate, boarding fees,
spaying /neutering fees, and medical treatment fees for 696 animals, which is the
projected annual number of animals the City handles; this projection was also provided
in the RFP document for all firms to factor in to their proposals. The subtotal of annual
costs was then reduced by any portion of fees agreed to be returned to the City. Below
is a discussion of each proposal in ascending order of Review Board rank. A summary
Animal Sheltering Services
April 26, 2011
Page 2
medical treatment, spaying /neutering, impounding, adoption and licensing services. A
Request for Proposal (RFP) process was initiated by the City after Dr. Bruce C.
Bauersfeld, owner of Dover Shores Pet Care Center, formally submitted his written
notice of intent to terminate the Agreement. Dr. Bauersfeld cited rising expenses and
indicated a need for the fee schedule as stated in the Agreement to increase, despite
the fact that the fees were already adjusted on a biennial basis to reflect Consumer
Price Index changes. Dr. Bauersfeld's notification, combined with an analysis of the
Departmental budget and the fact that a fee increase beyond the contractual allowance
could not be authorized without undergoing a competitive procurement process, it was
in the City's best interest to consider facilitating a formal bidding process for these
services to see what options existed.
There was concern from City staff regarding the level of interest in this project from
potential service providers for two reasons: first, there are relatively few animal shelters
in or geographically near the City and second, the typical provider for this service ideally
should have both a shelter and a veterinary function within the same operation. These
concerns served to highlight the need to be extremely thorough in the RFP development
process.
In February of 2011 the City issued an RFP inviting proposals for animal sheltering
services. In addition to being posted on the City website, the RFP was sent directly to
thirty -one (31) animal shelters and veterinary practices in Orange County. In total, four
(4) responses were received from: Back Bay Veterinary, Dover Shores Pet Care Center,
Orange County Animal Care, and Orange County Humane Society. Given the concerns
mentioned above, this response rate is seen as responsive. In accordance with the
City's RFP evaluation procedures, a Review Board convened to evaluate and rank the
proposals. This Review Board consisted of: Rob Houston, Assistant to the City
Manager; Police Lieutenant Steve Koudelka; Hortensia Mato, Revenue Auditor; Valerie
Schomburg, Senior Animal Control Officer; and Mike Teague, Animal Control Officer.
Background of Proposals Received:
All four (4) proposals received were different not only in the actual contract rate
proposed but also in the structure of the contract rate proposed. That is, some firms
proposed a contract rate that included boarding and spaying /neutering fees whereas
some firms specifically noted their proposed contract rate excluded those fees. In order
to accurately compare the proposals a cost analysis was performed on each proposal.
The analysis took into consideration each proposed annual contract rate, boarding fees,
spaying /neutering fees, and medical treatment fees for 696 animals, which is the
projected annual number of animals the City handles; this projection was also provided
in the RFP document for all firms to factor in to their proposals. The subtotal of annual
costs was then reduced by any portion of fees agreed to be returned to the City. Below
is a discussion of each proposal in ascending order of Review Board rank. A summary
Animal Sheltering Services
April 26, 2011
Page 3
of all proposals, including cost, was presented to the City Council during the April 12,
2011 Study Session.
Proposal Rank N /A: Back Bay Veterinary:
After proposals were evaluated, the City was contacted by Dr. George
Katcherian who formally requested to withdraw Back Bay Veterinary's proposal.
Dr. Katcherian cited the lack of space and resources to accommodate the City's
needs and came to this realization only after he submitted his proposal. City staff
obliged and formally withdrew Back Bay Veterinary's proposal.
Proposal Rank #3: Dover Shores Pet Care Center:
The proposal from Dover Shores Pet Care Center, the City's current provider of
animal sheltering services, contained the highest cost of all the respondents.
Attributing to the high cost was the fact that this was the only proposal to charge
the City boarding fees in addition to the proposed contract rate. Additionally, Dr.
Bauersfeld refused to agree to contractual requirements to furnish financial
statements; in the RFP documentation it was listed that the provision of financial
statements was a requirement of the firm selected by the City to provide these
services.
Proposal Rank #2: Orange County Animal Care:
The proposal from Orange County Animal Care contained the second - lowest
cost and an agreement to provide financial statements. However this
organization has a very high euthanasia rate of over 30 %. As well the location of
the Orange County Animal Care shelter was a concern because it is located
fourteen (14) miles from the City which would add burden to the City's Animal
Control Officers who frequent the shelter multiple times per day and make it
inconvenient for City of Newport Beach citizens who need to visit the shelter to
adopt or recover an animal.
Proposal Rank #1: Orange County Humane Society:
The proposal from the Orange County Humane Society contained the lowest cost
of all the respondents and an agreement to provide financial statements. The
location of the Orange County Humane Society shelter was also favorable
because it is located within three (3) miles of the City.
Recommended Proposal:
Following this formal procurement process, City staff recommends the Orange County
Humane Society as the provider of animal sheltering services to the City for the
following reasons:
Animal Sheltering Services
April 26, 2011
Page 4
Proposed Cost: The proposal from Orange County Humane Society
represented the lowest proposed cost of all the respondents.
o Proximity: A shelter location within three (3) miles of the City of Newport
Beach presents a favorable situation that is evident on many levels. First, the
City's Animal Control Officers who typically frequent the shelter multiple times
per day will not have a far distance to travel. Second, because of the reduced
staff level, Police Officers currently will be assigned to handle animal control-
- -� lated matters. Having a nearby shelter will enable these officers to handle
these animal control - related matters in a timely manner and enable them to
continue to carry out their primary designated duties of public safety. Third,
the City's citizens will not have a far distance to travel when adopting or
recovering animals.
Operation: The Orange County Humane Society operates within the same
building as AAA Animal Hospital, which carries out all medical treatment for
the shelter. The proximity of the shelter to the hospital ensures that the City's
animals will receive timely care and attention. The City's euthanasia rates
have historically been low when compared to neighboring cities; the shelter
understands the significance of a low euthanasia rate to the City and assures
that not only will euthanasia rates remain low, but also animal adoption efforts
will be facilitated.
Organization: The Orange County Humane Society is also a non- profit
society, which presents some benefits. First, a society will be more inclined
and capable to work with volunteers. Second, financial statements for non-
profit entities are readily available on the internet for auditing and compliance
review purposes; securing financial statements of the animal sheltering
services provider has always been a problem in the past when dealing with
private entities. The City feels that the provision of financial statements is
significant because it assures financial solvency and satisfies financial
disclosure requirements.
Experience: Animal sheltering efforts on the part of the Orange County
Humane Society date back to 1949. The shelter also provides the same
services to the Cities of Costa Mesa and Westminster, and both of those
cities have not reported any major problems with the shelter.
Key Aspects of Negotiated Agreement Terms:
In accordance with Council Policy F -14: Authority to Contract for Services, City staff
exercised the option to negotiate specific agreement terms with the most qualified
Animal Sheltering Services
April 26, 2011
Page 5
proposer. The following is a discussion of the key aspects of these negotiated
agreement terms with the Orange County Humane Society:
o Low Euthanasia Rate: Maintaining a low euthanasia rate has always been a
primary objective of the City in regards to animal shelter operations. Specific
terms were negotiated in the proposed agreement that call for any City -
impounded animal to be automatically placed on a two -day hold once it is
slated to be euthanized. The purpose of this two -day hold is to allow Animal
Control Officers time to find an alternative to euthanizing these animals by
reaching out to rescue groups and other community organizations.
Rescue Groups and Organizations: The City's current animal shelter is able
to maintain a low rate of euthanasia largely in part due to the efforts of the
various animal rescue groups and organizations that volunteer to work with
the City. These groups rescue approximately 100 feral cats each year before
they are to be euthanized, effectively lowering the euthanasia rate from 22%
to 9 %. Willingness to work with these groups is essential for any firm
operating the City's animal shelter; to that end specific terms were negotiated
in the proposed agreement that enable these groups to continue their efforts
with the Orange County Humane Society, ensuring the City's low euthanasia
rate will be maintained.
Special Handling Holds: Animals involved in cases in which there are animal
cruelty hearings, pending court cases, or those in which the owners are
arrested or otherwise incapacitated must typically be housed in the animal
shelter for periods of time exceeding the standard hold times. Typically the
City has paid for the safekeeping of these animals on a daily basis, however
the specific terms negotiated in the proposed agreement include 45 days of
animal safekeeping when dealing with these special circumstances at no
extra charge to the City.
Cost: The base contract value for this project is $84,000 with estimated
medical expenses of $10,000 annually, resulting in an amount not to exceed
$94,000 for the first year of the agreement. This amount represents a cost
savings of $5,745 when compared to the current animal sheltering
agreement. There is an annual 3% contract rate increase built into the
contract which results in a possible total annual contract cost in year 5 of the
agreement of $105,000 if the City chooses to renew the contract for the entire
5 year term.
Animal Sheltering Services
April 26, 2011
Page 6
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Rob Houston
Assistant to the City Manager
Attachments:
Exhibit A — Proposed agreement with the Orange County Humane Society
Exhibit B — Map showing new shelter location
PROFESSIONAL SERVICES AGREEMENT WITH
ORANGE COUNTY HUMANE SOCIETY
FOR ANIMAL SHELTERING SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this day of April, 2011 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City"), and ORANGE
COUNTY HUMANESOCIETY, a California nonprofit corporation ( "Contractor "), whose
address is 21632 Newland Street, Huntington Beach, California 92646 and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. In accordance with Chapter 7.16 of the City's Municipal code, all dogs, fowl or
other Animals found running at large on the streets, alleys, parks, beaches or
other public places in the City may be impounded.
C. City does not currently own or operate any facilities suitable for impounding and
caring for dogs, cats, fowl, or other Animals that may be impounded.
D. City desires to engage Contractor to provide facilities for receiving, sheltering and
caring for dogs, cats, fowl and other Animals that may be picked up running at
large on the City streets and to provide related services as more specifically
outlined in the Scope of Services attached in Exhibit-A, ( "Project ").
E. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
F. The principal member of Contractor for purposes of Project, shall be Debbie
Gonzales.
G. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on April 30, 2016 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Contractor acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. City and Contractor acknowledge that the above
Recitals are true and correct and are hereby incorporated by reference. Contractor
shall diligently perform all the services described in the Scope of Services attached
hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The
City may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure
by Contractor to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due to
causes beyond Contractor's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Contractor's
control.
3.2 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the
circumstances, by either e-mail, telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis, in accordance with the provisions of this Section and the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated
herein by reference. No rate changes shall be made during the term of
this Agreement without the prior written approval of the City except for the
annual adjustment to the rates as more particularly described Section 4.2
below. Contractor's total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall
not exceed One Hundred Five Thousand Dollars and 001100
($105,000.00) per contract year without written amendment to the
Agreement, subject to the annual adjustment in accordance with Section
4.2.
4.2 Upon the first annual anniversary of the Commencement Date and upon
each annual anniversary of the Commencement Date thereafter, the base
monthly contract rate to be paid by the City as set forth in Exhibit B shall
Orange County Humane Society Page 2
be increased by 3.0 % per contract year. No other billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractors bills shall include the base
monthly contract fee, and a description of any reimbursable itemized
expenditures such as: controlled substances for Animal Control Officers,
emergency and non - emergency medical care, quarantine holding fees,
and hold extensions. City shall pay Contractor no later than thirty (30)
days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Contractor:
4.4.1 The actual costs of subcontractors for performance of any of the
Services that Contractor agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
4.4.2 Approved reproduction charges.
4.4.3 Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Contractor in the
performance of this Agreement..
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Contractor has designated Debbie Gonzales to be its Project
Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Contractor, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
Orange County Humane Society Page 3
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Police Department. The Traffic Services
Lieutenant or his or her designee, shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the Services to
be rendered pursuant to'this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to, where applicable:
7.1 Provide transport of animals to the shelter's designated drop -off areas.
7.2 Assist Contractor in locating and notifying owners of missing pets.
7.3 Coordinate with Contractor in developing a working relationship with
animal rescue groups and organizations.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Contractor certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Contractor represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications,. insurance and approvals of
whatsoever nature that is legally required of Contractor to practice its
profession. Contractor shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Contractor's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
Orange County Humane Society Page 4
9. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties ") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts; errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, subcontractors, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Contractor
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Contractor.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and
Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Contractor or any of Contractor's
employees or agents, to be the agents or employees of City. Contractor shall have the
responsibility for and control over the means of performing the Work, provided that
Contractor is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Contractor as to the details of
the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Contractor on the Project.
Orange County Humane Society Page 5
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement; policies of insurance of the type and amounts described below and in
a form satisfactory to City.
14.1 Proof of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Contractor, his agents, representatives, employees or
subcontractors. The cost of such insurance shall be included in
Contractor's bid.
14.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
14.3 Coverage Requirements.
14.3.1 Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,0.00,000)) for Contractors employees in accordance
Orange County Humane Society Page 6
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Contractor shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subcontractor's
employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.3.2 General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per ' occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
14.3.3 Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
14.3.4 Professional Liability (Errors & Omissions) Coverage. Contractor
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
14.4 Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following
provisions:
14.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
Orange County Humane Society Page 7
14.4.2 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Contractor of non- compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
14.4.3 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section' are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
14.4.4 Notice of Cancellation. Contractor agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
14.5 Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement.
14.6 Additional Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Contractor, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint - venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Contractor.
Assignments of any or all rights, duties or obligations of the Contractor under this
Agreement will be permitted only with the express written consent of City. Contractor
shall not subcontract any portion of the Work to be performed under this Agreement
without the prior written authorization of City.
Orange County Humane Society Page 8
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused' to be prepared by Contractor, its
officers, employees, agents and subcontractors, in _the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
Documents, including drawings and- specifications, prepared by Contractor pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other .project. Any use of-completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Contractor
will be at City's sole risk and without liability to Contractor. Further, any and all liability
arising out of changes made to Contractor's deliverables under this Agreement by City
or persons other than Contractor is waived against Contractor and City assumes full
responsibility for such changes unless City has given Contractor prior notice and has
received from Contractor written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts; preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Contractor's drawings and specifications provided under this Agreement.
20. RECORDS
Contractor shall keep records and invoices in connection with the Work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to 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 under this
Agreement. All such records and invoices shall be clearly identifiable. Contractor shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Contractor shall allow inspection of
all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Contractor under this
Agreement.
Orange County Humane Society Page 9
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Contractor,
the additional design, construction and /or restoration expense shall be borne by
Contractor. Nothing in this paragraph is intended to limit City's rights under the law or
any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
24. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the Work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Contractor to City shall be addressed to
City at:
Attn: Traffic Services Lieutenant
Police Department
City of Newport Beach
870 Santa Barbara Drive
Orange County Humane Society Page 10
Newport Beach, CA 92660
Phone: 949 - 644 -3740
Fax: 949- 644 -3794
All notices, demands, requests or approvals from CITY to Contractor shall be addressed
to Contractor at:
Attention: Debbie Gonzales
Orange County Humane Society
21632 Newland Street
Huntington Beach, CA 92646
Phone: 714 - 718 -4175
Fax: 714- 536 -8480
26. CLAIMS
The Contractor and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Contractor shall be
required to file any claim the Contractor may have against the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give. adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Contractor. In the event of termination under this Section,
City shall pay Contractor for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Contractor has not been previously paid. On
the effective date of termination, Contractor shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
28. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted. In addition, all Work
prepared by Contractor shall conform to applicable City, county, state and federal laws,
rules, regulations and permit requirements and be subject to approval of the Project
Administrator and City.
Orange County Humane Society Page 11
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
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The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
Orange County Humane Society Page 12
37. NO ATTORNEY'S FEES
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorney's fees.
38. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
Orange County Humane Society Page 13
ON WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AE
OFFICE Of TH
Date: 4(1 Zo
By: C
M e e ea
Assistan City
ATTEST:
Bv:
Leilani I. Brown
City Clerk
TO FORM:
CITY ATTORNEY
�c amp
rney
CITY OF NEWPORT BEACH,
A California municipal corporation
Dater
Bv:
Michael F. Henn
Mayor
CONTRACTOR: ORANGE COUNTY
HUMANE SOCIETY, a California nonprofit
corporation
Date:
—vr. sa�Fiir -o ros
Owner
Date: 412—k ` z0\1
by:
Milad Saad
C.F.O.
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Orange County Humane Society Page 14
ANIMAL SHELTERING SERVICES
EXHIBIT A - SCOPE OF SERVICES
1. Animal Acceptance
1.1 Acceptance of Animals. The Contractor shall accept any dog, cat, bird, fowl; reptile,
guinea pig, hamster, pot - bellied pig, or any other animal (e.g. small livestock and
other exotic animals) on behalf of the City of Newport Beach that are brought in by
Newport Beach Police Department staff. This includes live strays, deceased animals
for disposal, and owner - releases for adoption or euthanasia.
1.2 Provisions. The Contractor shall ensure that proper housing and food are available
for all animals accepted. In the case that the shelter accepts an animal that requires
food and /or supplies that is not regularly stocked at the shelter; a reasonable effort
should be made to obtain said food and /or supplies on an as- needed basis.
1.3 Drop -off Procedures. The Contractor shall provide a procedure whereby animals
may be delivered to the shelter. The procedure shall provide Newport Beach
Animal Control staff with flexibility in drop -off times for animals; Newport Beach
Police Department staff must be able to access the shelter portion of the facility and
disposal freezers 24 hours per day. Newport Beach Police Department staff will
assume primary responsibility in contacting owners of impounded animals.
1.4 Holding Periods. The following holding periods, as determined by State of California
regulations, shall apply to those animals delivered to the Contractor by Newport
Beach Animal Control Officers (ACO), or Police Department staff or relinquished by
a citizen of the City of Newport Beach:
1.4.1 Stray Animals: 5 calendar days (hold released on the, 6th day)
1.4.2 Owner - Relinquished Animals: 3 calendar days (hold released on the 4th day)
1.4.3 Feral Cats: 3 calendar days (hold released on the 4th day)
1.4.4 Bite Quarantines: 14 calendar days (hold released on the 15th day)
1.4.5 Special Handling Holds: 45 calendar days (City has the option to extend this
hold beyond the initial 45 calendar days for $10 per day, per animal). These
holds are reserved only for instances in which an animal is in protective
custody pending a court hearing, animal cruelty cases, and cases in which the
owner is incapacitated.
1.4.6 Newport Beach ACO Hold: 2 calendar days (This hold is utilized after
applicable holding periods have expired and when an animal delivered to the
Contractor by Newport Beach Police Department staff or relinquished by an
owner who is a citizen of the City of Newport Beach is determined to be in
need of euthanasia for non - medical reasons. Newport Beach Police
Department staff will have two days to transfer these animals to a rescue
society or coordinate an alternative to euthanasia).
Orange County Humane Society Page 15
1.4.7 Upon expiration of the designated holding periods, ownership of animals will
transfer from the City of Newport Beach to the Orange County Humane
Society.
1.4.8 Any holding days that expire on an approved holiday as listed in Section 4,1
shall resort to the next business day.
1.5 Owner Relinquished Pets. The Contractor shall accept those animals that are
willingly relinquished by citizens of the City of Newport Beach. The owner must
provide proof of ownership of the animal, a current Driver's License showing a City
of Newport Beach address, a copy of a current utility bill showing a City of Newport
Beach address, and complete necessary relinquishment forms required by the
Contractor and City. Owner shall be responsible for paying vaccination fees if the
relinquished animal is determined not to be current on vaccinations, as well as an
Owner Relinquishment Fee as determined by the Contractor.
1.6 Feral Cats. The Contractor shall have appropriate procedures for handling and
minimizing stress in feral cats. The Contractor shall have a designated area for feral
cats that isolates said cats from the general public. TNR (trap /neuter /release)
program shall be implemented when requested and authorized by Newport Beach
Police Department staff.
2. Shelter Operations
2.1 Facility Requirements. The Contractor shall have an adequate number of dog
kennels, cat cages, and isolation facilities for quarantined animals, hereby defined
as a minimum of ten (10) dog cages and fifteen (15) cat cages designated for the
City throughout the entire facility located at 21632 Newland Street, Huntington
Beach, California 92646 (the "Shelter"). Cat cages must utilize actual cat /kitty litter
as opposed to paper or any other substitute. The Shelter shall be maintained in a
clean and sanitary condition. The Shelter shall comply with the standards set forth
in the Humane Society's Uniform Standards Guidelines (HSUS) for the operation of
an animal shelter. The Newport Beach Police Department staff reserve the right to
enter and inspect the premises during regular business hours for the purpose of
inspecting the Shelter for compliance.
2.2 Care. The best possible care and treatment shall be given to all animals held in the
custody of Contractor. Adequate housing and food shall be provided and the
Shelter shall not be overpopulated. The Contractor should have veterinary services
available during normal business hours. Pet owners of impounded animals would
remain responsible for all routine /emergency veterinary care costs. The Contractor
shall provide means for the isolation of contagious animals that will allow for
humane care and not expose other sheltered animals to risk.
2.3 Special Handling. The Contractor must ensure that animals with Police holds,
quarantines, or pets held in protective custody shall be in an isolated area not
Orange County Humane Society Page 16
permitting the public to have access or visit. If an animal is in protective custody,
Newport Beach Police Department staff would have permission to extend a pet's
stay if necessary until a case is resolved, e.g. pending cruelty, court case, etc. These
animals shall not be removed from the isolated area without approval from
Newport Beach Police Department staff.
2.4 Euthanasia. The Contractor shall arrange and /or provide for the humane
euthanasia and disposal of unwanted animals. This shall be accomplished in a
manner approved by Federal or State regulations, which shall not subject such
animals to any unnecessary pain. The Contractor shall also accept owner -
relinquished animals for euthanasia and disposal. The primary veterinarian of the
Contractor shall be the authority in opting for euthanasia for medical reasons. The
Contractor shall contact Newport Beach Police Department staff no fewer than two
(2) days prior to euthanizing any animal for non - medical reasons; the purpose of
this coordination is to allow Newport Beach Police Department staff time to arrange
an alternative to euthanasia, if possible. Maintaining the lowest euthanasia rate as
practically possible is an essential component of this Agreement.
2.5 Emergency Veterinary Care. The City may choose to have the Contractor perforrr
emergency veterinary care on a case by case basis. This type of service should be
performed as deemed necessary by Newport Beach Police Department staff.
2.6 Supply Controlled Substance. The Contractor shall be licensed to dispense and
supply the Animal Control Officers employed by the City of Newport Beach with the
controlled substances necessary for performance of field captures and euthanasia.
The Senior Animal Control officer, or his /her designee, shall be responsible for
placing orders for controlled substances through the Contractor, allowing the
Contractor with one (1) week to order and receive the requested supplies. Excess
controlled substances shall be stored at Newport Beach Police Department
headquarters. The following is a current list of controlled substances and the
estimated amounts needed:
2.6.1 Telozol (class III drug, 100 mg/ml concentrate, used primarily in dog capture);
2.6.2 Ketamine (class III drug, 100 mg/ml for cats and subhuman primates, also
used in dog capture);
2.6.3 Euthanol (class II drug, 250 ml bottle, for euthanasia only).
2.7 Coordination with Rescue Groups. The City has traditionally worked with various
animal rescue organizations and groups toward rescuing animals that are up for
euthanasia, particularly feral cats and kittens. Contractor shall put forth a
reasonable effort toward coordinating with City- designated rescue organizations
and groups. Contractor shall also not charge these City- designated rescue
organizations and groups any fees for rescued animals. However, Contractor is
Orange County Humane Society Page 17
authorized to charge the City for spaying /neutering fees for these unaltered rescued
animals at a rate of fifty percent of the adoption fee based on the type of animal.
2.8 Contractor shall provide support in animal cruelty investigations by performing
examinations, necropsies, reports, or other procedures necessary to a case.
3. Adoption Protocol
3.1 Adoption. The Contractor shall be responsible for making every reasonable effort to
prepare and present animals for adoption by the public and to facilitate the
adoption process. The Shelter Coordinator, as provided for in section 4.3 below,
shall make an effort to find an adoption home for all adoptable animals in the
shelter. All adoptable animals are eligible to be placed for adoption once the
holding period is up for the animal's owner to claim.
3.2 Adoption Fees. The following fees shall be charged to the public for the adoption of
animals. Below is a description of all the services included in every adoption. The
Contractor shall notify the City in the event any of the adoption fees are changed.
All adoptable animals prior to adoption shall be vaccinated to the extent that they
are brought current with vaccinations; the vaccination amounts listed below are
assumed for animals that are either born in the Shelter or otherwise have not
received any vaccinations.
3.2.1 Cat: $90
The cat adoption fee includes a basic shelter vaccination package with each
adoption including: a veterinarian exam, 1 FVRCP vaccine, 1 rabies vaccine, 2
intestinal de- worming treatments, flea treatment medications, neuter /spay,
and microchip implant.
3.2.2 Kitten: $110
The kitten adoption fee includes a basic shelter vaccination package with
each adoption including: a veterinarian exam, 2 FVRCP vaccine; 1 rabies
vaccine, 2 intestinal de- worming treatments, flea treatment medications,
neuter /spay, and microchip implant.
3.2.3 Dog: $130
The dog adoption fee includes a basic shelter vaccination package with each
adoption including: a veterinarian exam, 1 DHPP /BOR (intranasal) vaccine, 1
rabies vaccine, 2 intestinal de- worming treatments, flea treatment
medications, neuter /spay, and microchip implant.
3.2.4 Puppy: $150
The puppy adoption fee includes a basic shelter vaccination package with
each adoption including: a veterinarian exam, 2 DHPP /BOR (intranasal)
vaccines, 1 rabies vaccine, 2 intestinal de- worming treatments, flea
treatment medications, neuter /spay, and microchip implant.
Orange County Humane Society Page 18
4. Administrative Protocol
4.1 Inspection Hours. Visitors shall be permitted to view all impounded animals at the
Shelter during normal inspection hours. Inspection hours shall be posted so as to be
easily observable at the front exterior of the Shelter. The Shelter shall be closed on
the following holidays and their extensions;
Holiday
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
New Year's Day
Easter
Memorial Day
Holiday Description
July 4
1'` Monday in September
4th Thursday in November
December 25
January 1
Designated Sunday in March /April
Last Monday in May
4.2 Standards of Practice. The Contractor shall be responsible to comply with the
following standards of practice, as required by the City:
4.2.1 Require an experienced veterinary technician under the supervision of a
licensed veterinarian during all business hours;
4.2.2 Frequency of Shelter and cage cleaning;
4.2.3 Veterinarian and Shelter both must be licensed by the California Department
of Consumer Affairs State Board of Veterinary Medicine (under the California
Veterinary Practice Act);
4.2.4 Shelter and standard of veterinary medicine practiced are in full compliance
with California Veterinary Practice Act. .
4.3 Shelter Coordinator. The Contractor shall make available to the City a Shelter
Coordinator. The duties of this position shall include:
4.3.1 Reviewing Shelter practices and procedures to ensure efficient and
economical use of resources;
4.3.2 Cleaning and disinfecting Shelter areas /cages;
4.3.3 Maintaining records on animals in the Shelter;
4.3.4 Provision of animal behavior evaluation upon expiration of hold period;
4.3.5 Contacting local rescue groups as needed for long -term animals;
4.3.6 Assisting with various adoption /fundraising events;
4.3.7 Ability to work well with the general public;
4.3.8 The Shelter Coordinator shall be relied upon as the City's primary point of
contact pertaining to daily sheltered animal - related matters and as such,
should have a designee in his /her absence who is also aware of daily
operational matters.
Orange County Humane Society Page 19
4.4 Pet Licensing. The Contractor shall be able to sell City of Newport Beach Dog
Licenses and accordingly, mail copies of such licenses as well as any monies
collected through such sales to City vendor'Petdata.' Contractor shall also provide
its staff with some sort of electronic (i.e. computer) means to access and verify
current dog license information when an owner arrives to reclaim a dog._
4.5 Collection of Fees. The Contractor shall be responsible for collecting all fees
(Examples: license fees, etc.) due to the City, issuing receipts for payment and
remitting monies due directly to the City. The collected fees shall be deposited into
an on -site safe designated for City fees. The funds in this safe shall be collected by
Newport Beach Police Department staff and returned to the City for deposit.
4.6 Record Keeping.
4.6.1 Contractor shall keep at the premises records for a period of not less than
three (3) years after the expiration of the calendar year;
4.6.2 Contractor shall provide signed and certified financial statements prepared
by an independent firm of certified public accountants, or signed copies of
the Contractor's Form 990 prepared by a certified public accountant. These
records shall be required to be provided to City before commencement of
the Agreement and again each time before the Agreement term is to be
extended;
4.6.3 Contractor shall-keep records (computer - generated and in an Excel -
compatible format). The Contractor shall be required to develop its own
record - keeping procedure and maintain records of all animals it handles in
the performance of the Agreement. The reports shall at the minimum
include the number of impounds, disposition of animals, and fees collected
that are payable to the City. The following is a more comprehensive list of
the information that shall be included in the monthly report.
4.6.3.1 Description of the animal, including its breed, color, size, sex,
disposition
4.6.3.2 Who brought in the animal, date animal was brought in, where and
how the animal was obtained
4.6.3.3 The animal's owner
4.6.3.4 Duration of stay
4.6.3.5 When the animal was redeemed, who redeemed the animal
4.6.3.6 When the animal was adopted, who adopted the animal and when
4.6.3.7 Name and address of new owner
4.6.3.8 When the animal was euthanized
4.6.3.9 Disposition of all complaints regarding animals
4.6.3.10 All dangerous or potentially dangerous animals and dog -bite
incidents
Orange County Humane Society Page 20
4.6.3.11 All criminal citations issued and their final disposition
4.6.3.12 Fees collected
4.6.3.13 Records of licenses sold with names and addresses
4.6.4 The Contractor shall keep accurate records of dog licenses sold. Verify dog
licenses are current and valid before billing owner for a new license. The
Contractor shall maintain all rabies records and be able to furnish said
records upon request.
4.6.5 The City may claim reimbursement for certain animal sheltering costs from
the State of California under SB -90, State Mandates. Contractor shall collect
and maintain records identified by the City's Revenue Manager, or his or her
designee, as necessary for filing of SB -90 claims during the normal course of
business. Contractor shall provide copies of identified records within ten (10)
working days of request.
4.6.6 The City shall have the right, subject to reasonable written notice, to conduct
a compliance review of the books and records of the Contractor and Shelter.
Contractor shall provide copies of records within ten (10) working days of
request.
4.6.7 Contractor shall fully cooperate with City to conduct compliance review. If,
upon the completion of compliance review of records, it is determined that
expenditures billed to the City by.the Contractor were not in compliance with
this contract, the Contractor shall reimburse the City all such funds within
thirty (30) days of the date the City notifies Contractor in writing of-the
amount owed the City. Contractor shall reimburse City for City's costs in
performance of a review if, as a result of the review, it is determined that a
discrepancy of ten percent (10 %) or more of the contract service fees paid
during the period reviewed is due. Contractor shall reimburse the City for
costs within thirty (30) days of the date the city notifies Contractor in writing
of the amount of City's cost.
Orange County Humane Society Page 21
ANIMAL SHELTERING SERVICES
EXHIBIT B — SCHEDULE OF BILLING RATES
5. Fees Payable to Contractor by City
on a monthly basis the Contractor shall bill the City for charges incurred during the
preceding month. Contractor shall provide a summary sheet listing the charges for each
fee and service, which shall include copies of a Shelter log, spay and neuter log, and
medical treatment log. The monthly bills to the City shall encompass only the following
components:
5.1 Base Monthly Contract Rate: $7000 per month
Contractor shall bill City a base monthly contract rate which includes all non -
itemized items and administrative costs of operating the animal shelter on a
monthly basis, including the boarding of unclaimed animals, basic medical care,
euthanasia, and disposal of euthanized animals.
5.2 Controlled Substances:
Contractor shall bill City for any medical supplies received by Newport Beach Police
Department staff, as designated in the Scope of Services.
5.3 Misc. Non - Emergency Medical Care:
Contractor shall bill City for any services requested by Newport Beach Police
Department staff to be performed above and beyond those non - emergency
medical care services that are included in the Base Monthly Contract Rate. Per the
negotiated terms of this Agreement, all non - emergency medical care billed to the
City shall be charged at 40% off the normal rate.
5.4 Emergency Medical Care:
Contractor shall bill City for the provision of reasonably necessary and prompt
medical procedures by a veterinarian or someone under the supervision of the
veterinarian to stabilize and /or relieve the suffering of an injured animal delivered
by the City. The City shall be responsible for paying fees for this service except for
those instances in which an owner claims an animal, in which the owner shall be
responsible for emergency medical care fees.
5.5 Quarantine Holding Fees: $50 for the first day; $10 per day thereafter
Contractor shall bill City for the holding of quarantined animals on a case -by -case
basis when deemed medically necessary. These animals are not subject to the
holding periods as listed in the Scope of Services.
5.6 Hold Extensions: $10 per animal for each day beyond the 45`" day
As part of the base monthly contract rate, Contractor agrees to include a 45 -day
"Special Handling" hold for those animals needing safekeeping (i.e. animal cruelty
Orange County Humane Society Page 22
cases, pending court cases, owner incapacitation). Contractor shall bill City for any
hold extensions requested beyond the provided 45 days.
5.7 Spaying /Neutering Fee for Rescued Animals: Contractor shall bill the City for
spaying /neutering unaltered animals that are designated for rescue by the various
City- designated rescue groups and organizations. The fees billed to the City for
these services shall be fifty percent of the adoption fee based on the type of animal.
6. Fees Remitted to City by Contractor
The Contractor- shall be responsible for collecting all fees (Examples: license fees,
etc.) due to the City, issuing receipts for payment and remitting monies due directly to
the City. The collected fees shall be deposited into a safe designated for City fees at the
Shelter. The funds in this safe shall be collected by Newport Beach Police Department
staff and returned to the City for deposit.
6.1 Pet Licensing Fees:
Contractor shall remit to the City any fees generated from the sale of pet licenses
for the City of Newport-Beach.
6.2 Unaltered Animal Fees:
In accordance with State of California Food and Agricultural Code Sections 30804.7
and 31751.7, Contractor shall collect an unaltered pet fee for any animals delivered
to the shelter whose owner has not spayed or neutered their pet. The current
charges to be collected are as follows:
First occurrence (impoundment): $35
Second occurrence (impoundment): $50
Third occurrence (impoundment): $100
NOTE: The above charges will be automatically deemed amended to correspond
with any changes in these fees that are approved, implanted or adopted by the
State of California
Any and all fees collected in this matter shall only be expended by the City for the
purpose of humane education, programs for low cost spaying and neutering, and
any additional costs incurred by Newport Beach Police Department staff, society for
the prevention of cruelty to animals shelter, humane society shelter, or rescue
group.
Orange County Humane Society Page 23
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