HomeMy Public PortalAbout02) 7A Animal Control Services AgreementCity Council
September 25, 2012
Page 2
negotiated cost and level of animal control services for each member city . On
January 1, 1980, the JPA contracted with the San Gabriel Valley Humane Society
(SGVHS) for animal control services. The contract allowed each member city to
select various levels of service. The City of Temple City elected to provide its own
animal control services utilizing City staff, with animal sheltering and after hours
services provided by the SGVHS. This model has been utilized by the City of
Temple City for the last three decades.
3. In 2007, the JPA was reorganized into four cities (i.e., Azusa, Monterey Park, San
Gabriel , and Temple City) when the City of Monrovia withdrew. The JPA continued to
contract with SGVHS for animal control services, with new service agreements
entered into on an annual basis.
4 . On April 28, 2011, as part of ongoing efforts to transition City operations from
status quo to high-performing, the City Council began a series of strategic planning
sessions to assess the current status of the City's organization, and to develop
policy-level objectives for the next two fiscal years . Of those objectives, a priority
was made to examine existing levels of service to residents and transition City
services, where appropriate, to more efficient, higher performing contract service
providers .
5. On January 5, 2012, the JPA Administrative Committee (which consisted of staff
representatives from each member city) held a . meeting to discuss the upcoming
contract for animal control and sheltering services with SGVHS. SGVHS proposed
an increase in fees, which would have doubled the cost of sheltering and animal
control services for Fiscal Year (FY) 2012-13 . The JPA Administrative Committee
reviewed the proposed rates and obtained rates from other animal control
agencies (i.e., Los Angeles County Department of Animal Care and Control , and
PHS & SPCA) for a thorough comparison.
6 . From January through April 2012 , the JPA attempted to negotiate lower rates with
SGVHS for animal control and sheltering services for FY 2012-13. Negotiations
proved unsuccessful.
7. In April2012, the City began discussions with the Los Angeles County Department
of Animal Care and Control (LACDACC) as a possible alternate provider.
LACDACC offered to provide a full scope of services to City residents which
includes : 1) 24-hour regular and emergency veterinary care; 2) a dedicated animal
control officer five days per week; 3) dog licensing processed by County staff; 4)
license canvassing with fees collected from licenses credited to the City ; 5) low-
cost vaccination clinics; and 6) and free micro-chipping to Temple City residents .
8. In May 2012, after reaching an impasse in negotiations with SGVHS, the JPA
Executive Committee elected to dissolve itself thereby terminating its contract with
SGVHS effective June 30, 2012 which left each individual member city responsible
for providing their own animal control services.
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September 25 , 2012
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9 . On June 19 , 2012, the City Council directed staff to perform an extensive Request
for Proposals (RFP) process for animal care, control , and sheltering serv ices . To
ensure that animal control services for residents would not be disrupted, the City
Council also directed staff to contract with SGVHS for three months (i.e., July 1
through September 30, 2012).
10. On August 24, 2012 , the City released the RFP (Attachment "A"), which was sent
to : SGVHS , PHS & SPCA, LACDACC, and the Inland Valley Humane Society
(IVHS). The RFP was also posted on the City's webs ite.
11 . On August 30 , 2012, a notice of the RFP was published in the Temple City
Tribune.
12 . On September 14, 2012 , the City received two proposals, one from PHS & SPCA
(Attachment "8") and one from SGVHS (Attachment "C").
13. On September 15, 2012, the Animal Control Services Selection Committee
(Selection Committee) (i.e ., Public Safety and Services Manager Robert Sahagun ,
Public Safety Officer Bryan Arrizumi , Management Analyst Giselle Corella, and
Management Analyst Teresa Santilena) met to evaluate the proposals submitted
by PHS & SPCA and SGVHS .
ANALYSIS:
An evaluation score sheet (Attachment "D") was developed and used by the Selection
Committee to compare the services and requirements identified in the RFP. The
Selection Committee conducted an evaluation process that analyzed quantitative and
qualitative data . A comparison was conducted based on the same service levels and
costs offered by PHS & SPCA and SGVHS. PHS & SPCA agreed to all of the City 's
RFP requirements, whereas SGVHS took exception to eight requirements set forth in
the RFP .
The Selection Committee identified five critical objectives to help guide the evaluation
process . The objectives were as follows :
1. Completeness of proposal.
The proposal from PHS & SPCA did not take exceptions to any of the City 's
requests and scope of services . Additionally, PHS & SPCA's overall
completeness of the proposal exceeded that of SGVHS.
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September 25, 2012
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2. Comprehensive full-time services
PHS & SPCA exceeds the City 's requirements. PHS & SPCA agrees to :
answer informational calls from residents; provide 24-hour emergency
response; kennel and adoption hours seven days per week; 40-hours of
patrolling per week with additional service at no additional cost; a
comprehensive website and social media sites with a directory of all
impounded an imals ; sufficient isolation and quarantine facilities and;
Memorandums of Understanding with other agencies to house overflow intake
or large animals. PHS & SPCA's service levels exceed SGVHS 's proposed full
t ime service levels .
3. Detailed reporting and transparency
PHS & SPCA exceeds the City 's requirements by agreeing to: submit daily
logs and detailed monthly reports via email ; provide certified copies of all
insurance certificates and; notification in writing prior to a change in personnel.
PHS & SPCA's overall level of detailed reporting and transparency exceeds
the level of reporting and transparency proposed by SGVHS , which took
exception to eight of the City's requirements related to this objective.
4. Cost effectiveness
PHS & SPCA exceeds the City 's requirements by: providing a l l inclusive
services to the City at a flat monthly rate of $14,177 per month o r $170 ,126
annually (staff has calculated the monthly amount based on the annual service
cost); ensuring financial transparency by agreeing to submit to annual aud its at
no additiona l cost to the City; and by retaining all records for seven years. PHS
& SPCA's overall cost is lower than SGVHS by $27 ,204 per year.
5. Referrals and recommendations
Staff contacted ci ties that have had service provided or are currently receiving
services from PHS & SPCA and SGVHS . To evaluate PHS & SPCA, the cities
of Arcadia and South Pasadena were surveyed. To evaluate SGVHS, the
cities of San Gabriel and Monterey Park were surveyed. City staff contacted
the managers of the animal control services contract. Based on the surveys ,
PHS & SPCA received high marks in all areas identified by the telephone
survey (Attachment "E"). PHS & SPCA references provided exceptional
recommendations and comments compared to SGVHS.
After reviewing these two proposals , the Selection Committee concluded that PHS &
SPCA exceeded the requirements in each of the areas when compared to SGVHS .
Under the PHS & SPCA's proposed agreement , the City w ill retain the processing and
issuance of an imal licensing and all fees collected . The City may designate that the
City Council
September 25, 2012
Page 5
animal licens ing process and fees collected be undertaken by PHS & SPCA and all or a
portion of fees collected be applied as credits towards the overall cost of animal control
services . The City would reserve the right to negotiate this item with PHS & SPCA, as
part of future contract renewals as specified in the RFP.
CONCLUSION:
Based on the comprehensive analysis comparing overall animal control services offered
to the City by PHS & SPCA and SGVHS , it is staff's assessment that PHS & SPCA
consistently exceeds the City's expectations for the delivery of animal control services.
Therefore, staff recommends that the City Council approve a contract service
agreement (Attachment "F ") with PHS & SPCA for the duration of n ine months w ith an
option to renew on an annual basis , not to exceed two years .
FISCAL IMPACT:
On June 28 , 2012, the City Council approved the FY 2012-13 City Budget which included
a $148,000 appropriation for animal control services. Due to the three month interim
contract with SGVHS for the period of July 2012 through September 2012 , the balance of
the account is $121,000. The proposed cost of services from PHS & SPCA for the
remainder of FY 2012-13 is $127,600. Therefore , staff anticipates a shortfall of $6,600
which will be addressed through the Mid-Year City budget process in January 2013.
To date, the City has collected $60 ,055 in animal licensing fees. Revenues from fees
collected will offset costs for animal control services , with a net expenditure of $94,545
to the City's General Fund .
ATTACHMENTS:
A . Request for Proposals
B . PHS & SPCA proposal (dated September 14 , 2012)
C . San Gabriel Valley Humane Society proposal (dated September 14, 2012)
D. Evaluation Score Sheet
E. Telephone Survey of Reference Cities
F. Draft Contract Services Agreement between the City of Temple City and PHS &
SPCA
Temple City, RFP-A nim al Co ntro l an d Sh elte r in g
Pa ge 2
Table of Contents
INTRODUCTION .................................................................................... 3
• Purpose
• Costs Incurred
• Selection of Contr acto r
SCOPE OF SERVICES ........................................................................... .4
• Customer Service
• Shelter, Kennel and Field Services
• Management and Finance
• Supplies and Equipment
• Terms of Service
• Cost
NECESSARY QUALIFICATIONS ............................................................. 9
• Ex perience
• Staff Qualifications
• Contact Person
• Organization and Staffing
• Equipment
GENERAL CONDITIONS ....................................................................... 11
• Lega l and Insurance Requ i rements
• Permits and Licenses
• Other Requ irements
SUBMITTAL FORMAT AND CONTENT ..................................................... 15
• Subm ittal Length
• Labeling Specifications
• Content
SELECTION PROCESS AND EVALUATION .............................................. 16
• Selection Steps
• Standard of Service
ATTACHMENTS
• Attachment A -Sample Professional Services Agreement
Temple Ci t y, RFP -Ani mal Co ntr ol and Shelter in g
Pag e 3
CITY OF TEMPLE CITY
REQUEST FOR PROPOSALS (RFP)
ANIMAL CARE , CONTROL AND SHELTERING SERVICES
INTRODUCTION:
The City of Temple City is centrally located in the west San Gabriel Valley
approximately f ive miles southeast of Pasadena and 13 miles east of downtown Los
Angeles. The City is approximately 3 .85 square miles and is surrounded by the cities
of Arcadia , San Gabriel , El Monte, Rosemead, and unincorporated portions of Los
Angeles County . The most recent California Departm e nt of Finance and Housing
estimate indicates a total population of 34,700 . Temple City is predominantly a
residential community with over 10 ,000 residential parcels.
I. Purpose
This Request for Proposals provides qualified interested contractors with
information to adequately prepare and submit proposals for consideration by the
City of Temple City for "Animal Care , Control and Sheltering Services ."
II . Costs Incurred
The City of T e mple City assumes no re sponsibility for any costs incurred by a
contractor in th e preparation and/or presentation of a proposal in response to this
Request.
Ill. Selection of Contractor
The City will select a contractor to provide the services pursuant to this Request
for Proposals ba sed on eval u at ion of the proposals , references , and co ncept
plans for approval of animal care, control and shelter servi ces in Temple City.
Selection will be based on a determination of the contractor deemed most
qualified to provide th e services outlined in this Request and utilizing , but not
limited to , the following criteria , none of which will be a single determining fa ctor:
A. Completeness of the proposal.
B. Experience of the contractor with similar programs .
C. Recommendations from prior/current clients.
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D. Concept plan for improving animal care, control and shelter services .
E . Lump sum monthly cost.
SCOPE OF SERVICES :
The City of Temple City is seeking a contractor qualified to provide animal care,
control and sheltering services fo r the City as follows:
I. Customer Service
A. Provides pick up and seizure of all animals including exotics , b irds and
livestock that are brought in by residents on behalf of the City of Temple City.
This includes injured , stray, dangerous or dead wild and domestic animals, and
owner-releases for adoption or euthanasia. Euthanasia shall be accomplished in
a manner app roved by Federal or State regulations , which shall not subject such
anima ls to any unnecessary pain . Contractor shall ensure that proper housing
and food are available for all animals accepted .
B. Contractor shall have animal control officers that are POST (Peace Officer
Standards Training) certified .
C. Establishes a procedure whereby animals may be delivered to the shelter by
City staff. The procedure shall include flexibility in drop off times for animals by
C ity or Los Angeles County Sheriff Department staff.
D. Offers unl im ited serv ices and answers informational calls about animals
directly from the residents wh ich shall include, but not be limited to conducting
humane investigations and knowledge of the filing of criminal complaints both,
felony and misdemeanor, with the City Prosecutor and/or District Attorney's
Office .
E. Provides 24 hour emergency response , assistance to City staff, pol ic e, fire
departments, and disaster response.
F. Patrols the City on a continuous basis to ensure visibility of presence in the
community.
G. Provides issuance of citations for violations of the Temple City Municipal
Code .
H. Detailed description of proper reporting procedures and how reports will be
filed with the City of Temple City and the Los Angeles County Sheriff's
Department.
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I. Detailed description of how the an imal contro l officer wil l advise owners of
nuisance animals (per adopted animal control regulations , TCMC).
J. Detailed description of the procedures used when an animal has been picked
up and can be identified by means of a license and when a stray animal is
unlicensed and ownership cannot be identified.
K . Exhibits a thorough knowledge of animal welfare statutes , local , State and
Federal animal laws , and policies regarding animals including Federal and State
impoundment, disease control and vaccination regulations .
L. Makes all reasonable attempts to reun ite animals with owners before
euthanasia or adoption including accessing current licensing records , using
contact information on owner provided tags worn by the animal and scanning all
animals to detect implanted microchips. Proposal must provide detailed
description of procedures used for unclaimed animals.
II. Shelter, Kennel and Field Services
A. The best possible care and treatment shall be given to all animals held in
possession of the contractor. Adequate food shall be provided and the shelter
shall not be overpopulated . 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.
B. The shelter shall provide means for the isolation, not permitting the public to
have access or visits , of animals with Police holds , quarantines , or pets held in
protective custody that will not expose other sheltered animals to risk . Proposal
must acknowledge that, in the event that an animal is impounded and boarded by
the City health officer (or designee), police, or a court order, or placed under
quarantine by a ruling of the State Board of Health , it is the proposer's
responsibility to board said animal as required by order or ruling .
C. The shelter shall have an adequate number of dog kennels and cat cages,
isolation facilities for quarantined animals, animals being held for investigation ,
and access to large animal housing . The animal shelter shall be maintained in a
clean and san itary condition . The kennel shall comply with the standards set
forth in the Humane Society's Uniform Standards Guidelines (HSUS) for the
operation of the animal shelter . City staff reserves the right to enter and inspect
the premises during regular business hours for the purpose of inspecting the
facilities for the conditions mentioned above .
D. Provides daily cleaning and recognized sanitation of all shelter and kennel
areas, food and water bowls , hallways and equipment; collection and proper
disposal of animal refuse , manure or other animal waste .
Tem p le City, RFP-A nimal Con trol and She ltering
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E. Prov ides licens ing serv ices with a fully modern and automated licensing
system that automatically generates license and anti-rabies renewal forms .
F. Contractor shall be responsible for making every reasonable effort to prepare
and present an imals for adoption by the public and to facilitate the same . All
adoptable animals are to be placed for adoption once the holding period has
expired for the anima l's owner to claim . Contractor shall maintain broad adoption,
boarding, and kennel hours , open to the public a minimum of five (5) days and
thirty-six (36) hours per week .
G. Contractor shall always mainta in staffing during normal business hours to
include : front line staff, veterinary staff, Licens i ng Canvassers , and An i ma l
Control Officers .
H. Ma intains programs such as Adoption Counseling , Behavior consultation,
Lost and Found , and has an in-place humane education program geared to
grades K -12 .
I. Has low cost spay/neuter programs and low cost Spay/Neuter hosp ital
available for residents .
J. Has low cost vaccine and micro-chipping clinics .
K . Has emergency veterin ary care included in the lump sum proposal.
L. Provides animal bite , cruelty , neglect, and barki ng dog comp laints
investigations pursuant to City noise and animal control regulat ions .
M. Has animal control staff patrolling the City at a min i mum of forty (40) hours a
week (hours to be designated by City and are subject to change without notice
dependent on community needs) and is able to maintain constant contact with
City staff in order to be dispatched (i.e ., two-way radio , mobile phone , etc.).
N. During regular business hours, contractor shall accept calls for service (as
specified in proposal) from residents . Contractor shall also provide calls for
service from City staff, and Los Angeles County Fire and Sheriff Departments on
a 24/7 basis.
Ill. Management and Finance
A. Maintains ac curate automated re cords of all activ ities and business
transactions.
B. Collects all fees due to the City (Examples: license fees , spay/neuter f ines ,
subsequent impound fees , etc.), issues rece ipts fo r payment, provides the City
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copies of receipts for payment, remits monies due to the City (twice weekly, days
to be determined by City).
C. Keeps comprehensive re cords at the premises for a period of not less than
three (3) years.
D. City shall conduct an annual audit of services at the end of the first term of the
contract (June 2013) and on a yearly basis (in June) to ensure proper
documentation of activities including , but not limited to: animal intakes ; response
to complaints ; adoption and disposal of animals ; collection of fees; veterinary
care; continuing education records; and any other activities the City deems
necessary to be audited.
E. Provides a monthly operations report, itemizing the number and types of
animals impounded, number and types of animals claimed, number of any other
animals processed and their disposition, the type of animal and location/address
of each action including acceptance, sheltering , special handling, adoption,
emergency veterinary care , quarantine, disease control, euthanasia , and
disposal of each animal. Contractor shall be required to develop its own
computer-generated record-keeping procedure and maintain records of all
animals it handles in the performance of the contract and fees collected that are
payable to the City . These records and reports sha ll be made readily ava ilabl e to
City staff and/or independent auditors procured by the City to ensure the proper
maintenance of records and disposition of City fees collected by the contractor.
City staff and/or independent auditors shall have access to any computer
software used to maintain Temple City anima l impound records.
The following is a comprehensive list of the desired information to be contained
in said monthly report.
1. Description of the animal, including its breed, color, size , sex, disposition.
2. Who brought in the animal (name and address of resident or animal
control officer), date animal was brought in , where and how the anim al was
obtained.
3. The animal's owner.
4. Duration of stay.
5. When the animal was redeemed , who redeemed the animal.
6. When the animal was adopted , who adopted the animal.
7. Name and address of new owner .
8 . When the animal was euthanized.
9. Disposition of all complaints regarding an imals .
10. All dangerous or potentially dangerous animals and dog-bite incidents .
11. All citatio ns issued and their fin al disposition.
12. Fees collected.
13. Records of licenses sold with names , addresses and license numbers.
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F . Proposal must provide a detailed description of a daily log sheet of the animal
control officer's (assigned to work solely within the City limits of Temple City) field
activities including information to be identified by City staff that will ensure
adequate verification of services. City shall have the right to issue its own
developed daily log sheet to be used by contractor.
G. Maintains an updated website to provide residents with information pertain ing
to City animal control regulations and fees, adoption procedures , calendar of
events (i.e ., spay/neuter clinics, adoption events, etc.), operating hours ,
emergency contact information , and any other information the City deems
necessary.
H. Maintains , at the service provider's expense , comprehensive general liability
and property damage for an amount no less than $1 ,000,000 combined single
limit per occurrence and including the City as additionally insured -Please see
the General Conditions Section of this RFP for further details of legal and
insurance requirements.
I. Maintains , at the service provider's expense , Workers ' Compensation
coverage as required by the State of California -Please see General
Conditions Section of this RFP for further details of legal and insurance
requirements.
IV. Supplies and Equipment
The contractor shall furnish all supplies, equipment , and vehicles necessary to
provide animal control services .
V. Terms of Service
A. The Service Agreement to be entered into under this Proposal shall be for an
initial period of ten (1 0) months beginning October 1, 2012 and end ing June 30,
2013.
B. The City of Temple City may choose to extend this Service Agreement on an
annual basis not to exceed two (2) years subject to review by the City.
V I. Cost
The proposal must express the all -inclusive costs for services to the City on a
lump sum basis.
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NECESSARY QUALIFICATIONS:
The selected contractor will show qualifications and experience in animal care ,
control and sheltering services. In the contractor selection process, Temple City
seeks the following:
I. Experience
A. The selected contractor must have demonstrated relevant experience in
providing the services described under the proposed scope of services.
B. Substantiation must be provided regarding the nature of services provided to
client cities or agencies. A comprehensive list of references of cities served must
be provided.
C. Cite examples of qualifying projects with dates, contact persons , and scope of
work performed. The submittal shall clearly state the number and type of
programs or services performed . If any previous work was audited and found to
be in non-compliance with a funding source, this must be cited.
II. Staff Qualifications
A. Contractor staff assigned to complete the scope of services must have
relevant experience in providing the necessary services as described under the
scope of services .
B. All personnel assigned to the work must possess appropriate certifications or
registrations as required by state agencies, if any.
C. Contractor shall provide a detailed description of efforts constituting a
demonstrated commitment towards continuing education in support of the
continued provision of professional animal control services .
Ill. Contact Person
A. Contractor will be required to identify the person who will be the "Lead
Liaison" who is authorized to assign the contractor's staff to specific projects or
tasks. This person 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 operationa l matters. The
duties of this position shall include :
1 . Reviewing shelter practices and procedures to ensure efficient and
economical use of resources.
2 . Cleaning and disinfecting shelter areas/cages.
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3. Ma intaining records on animals in the shelter.
4. Responding to requests from City and Los Angeles County Fire and
Sheriff Department staff.
B. Other staff or sub-contractors may be identified as specialists in specific
areas or for specific tasks. These individuals must, within reasonable limitations,
be accessible to City staff during business hours .
C. The City shall be notified in writing before a change of personnel occurs by
the contractor. All such personnel changes must be approved by the City.
IV. Organization and Staffing
A. Contractor shall provide a description of the Lead Liaison , other key staff and
sub-contractors, if any, and their proposed relationship with City operations .
Specifically show how the proposed organization and staffing will provide the City
with the quantity and quality of service needed to meet the City 's needs.
B. Provide resumes for the Lead Liaison and key staff to clearly demonstrate
that they possess the adequate skill level and experience to accomplish the
required tasks. Provide a table of organization indicating the staff hierarchy and
responsibilities as it would pertain to the scope of work in this document.
V. Equipment
A. List all equipment to be used in the City .
B. Provide readily identifiable vehicle(s) that will be subject to approval by the
City when on duty within the City limits. Provide make, model , and AQMD and
California A ir Resources Board certifications that vehicle(s) comply with all
applicable regulations and specifications. Submit proof of title and insurance .
C. Provide documentation of the capability for communications with City staff,
either by two-way radio or mobile phone, while on patrol. Provide a dedicated
business telephone with 24-hour answering capability.
D . Contractor will be required to provide indemnification to the City for failure to
comply with all local , State and Federal rules, regulations and specifications .
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GENERAL CONDITIONS:
I. Legal and Insurance Requirements
The following are the legal and insurance requ irements of the City of Temple City
for the selected firm :
A. The contractor will not assign, transfer, convey or otherwise dispose of its
contract or rights, title or interest in or to the same without prior written consent of
the City .
B. The City of Temple City shall not be liable for any pre-contractual expenses
incurred by any contractor, nor shall any proposal include such expenses as part
of the proposed cost. Pre-contractual expenses include any expense incurred by
a proposal and negotiating any terms with the City .
C. The City reserves the right to withdraw this RFP at any time without prior
notice and to reject any and all proposals submitted without i ndicating any
reasons . Any award of contract for services will be made to the contractor best
qualified and respons ive in the op inion of the City.
D. Proposals may , at the City's option , be rejected if they contain any alterations ,
additions, conditional or alternatives, are incomplete, or contain erasures or
irregularities of any kind . The City reserves the right to reject any and all
proposals. Th e City expressly reserves the right to postpone submittal opening
for its own conven i ence and to reject any and all submittals responding to this
Request for Proposals .
E. Contractor must assume liability for any harm to an imals du e to the
negligence of the contractor or its agents. Contractor further agrees to
indemnify, hold harmless and defend the City of Temple City, its officers, agents
and assigns from any and all liability or loss resulting from any lawsu its , cla ims or
actions brought against th e City arising directly or indirectly from the wrongful or
negligent actions of the contractor in the provision of services within this
proposed contract
F. At the time of ex ecution of the contract, the contractor will be required to carry
the following insurance:
1. Commercial General Liability/Umbrella Insurance : Contractor prior to
exercising any right of pe rforming any obligation, at its own cost and ex pense
shall procu re and maintain a policy or policies of general liability insuranc e, or
certificate of such insurance , satisfactory to the City Attorney, which provides
coverage not less than that provided against liability for any and all claims
and suit s for damages or injuries to person s or property resulting from or
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arising out of operations . Insurance shall provide coverage for both bodily
inj ury and property damage . Total limits shall be not less than one million
dollars ($1 ,000,000) per occurrence for all coverage and two million dollars
($2,000,000) annual aggregate . Said general liability policy and certificate
thereof shall name the City of Temple City and its policy shall be primary to
any insurance carried by the City . The general liability policy is to contain , or
be endorsed to contain , the following provisions:
a) The City, its officials , employees , agents and volunteers are to be
covered as insured as respects liability arising out of activities performed
by or on behalf of the contractor.
b) For any claims related to the services requested, the contractor's
insurance coverage shall be primary insurance as respects the City, its
officers, officials, employees, agents and volunteers . Any insurance or
self-insurance maintained by the City , its officers, officials , employees,
agents or volunteers shall be excess of the contractor 's insurance and
shall not contribute to it.
c) Any fa ilure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers , officials , employees , agents or volunteers.
d) The contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought , except with respect to the
limits of the insurer's liability.
e) Ea ch insurance policy required by this Section shall also co ntain a
provision that no termination , cancellation or change of coverage of
insured or additional insured shall be effective until thirty (30) days' notice
thereof has been given in writing to the City . Contractor shall give the City
prompt and timely notice of any claim made or suit instituted.
2. Automobile Insurance: Primary coverage shall be written on ISO
Business Auto Coverage from CA 00 01 06 92 including symbol 1 (Any Auto).
Limits shall be not less than $1 ,000,000 per accident. (A combi ned single limit
policy with aggregate limits in an amount not less than $2,000,000 will be
conside red equivalent to the required minimum limits for each of the
foregoing.) Starting and ending dates shall be concurrent.
3. Business Umbrella Liability Insurance : Where contractor is required to
carry professional liability insurance covering liability arising from any error,
omission or negligent act of contractor, its officers, or employees , contractor
shall procure and maintain such coverage with a limit of liability of not less
than one million dollars ($1 ,000 ,000) per occurrence . All such insurance
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coverages shall be procured from an insurer authorized to do business in
California and approved in writing by the City . The City shall be named as an
additional insured.
4. Worker's Compensation : The contractor shall furnish the City with an
insurance certificate from its Workers ' Compensation insurance carrier,
certifying that it carried such insurance in accordance with the requirements
of State law, and the policy shall not be cancelled nor the coverage reduced
during the term of the contract. Throughout the term of the contract, the
contractor shall deliver to the City satisfactory evidence that the insurance
has been renewed and that the required premiums have been paid.
5. Employer's Liability Insurance : The contractor shall supply at least
$500,000.
G. Any deductibles or self-insurance retention must be declared to and approved
by the City . At the option of the City, either the insurer shall reduce or eliminate
such deductible or self-insurance retention as respects the City , its officers,
employees and volunteers ; or the contractor shall procure a bond guaranteeing
payment of losses and related investigations, claims administration and defense
expenses.
H. Insurance is to be placed with insurers with a current AM Best's rating of no
less than A: VII, unless otherwise acceptable to the City.
I. The contractor shall provide the City complete , certified copies of all required
insurance policies , including endorsements, affecting the coverage required by
these specifications. All insurance listed on the Certificate(s) shall list the City as
a named co-insured.
II. Permits and Licenses
Contractor is required to have in full force and affect all licenses and permits
required by applicable laws. Contractor shall obtain a Temple City Business
License during the term of the contract.
Ill. Other Requirements
A. Contractor shall at all times provide services with the utmost respect to the
public. All employees of the contractor shall wear clean clothing in the
performance of their duties and equipment shall be cleaned and maintained in a
safe operating manner. All equipment shall be subject to inspection by the City
at any time. All contractor personnel shall wear appropriate safety gear at all
times while working in Temple City. Contractor shall provide satisfactory warning
devices that meet the requirements of the California Occupational Safety and
Templ e City, RFP-Animal Control and Sheltering
Page 14
Health Act (Cal-OSHA) for safe traffic control and protection of workers when and
where required at all times in the performance of th is contract.
B . Contractor, its agents , and employees shall comply with all laws, ordinances,
rules and regulations of the Federal and State governments, the County of Los
Angeles, the City of Temple City and all governing bodies having jurisdiction
applying to work done under the agreement.
C. The City reserves the right to negotiate special requirements and proposed
service levels using the selected proposal as a basis . Compensation for services
will be negotiated with the contractor.
D. Contractor shall not sublet any portion of the agreement with the City without
express written permission of the C ity Manager or his designated representative.
E. No discrimination shall be made in the employment of persons because of the
race, color, or religion of such persons, and every bidder in violation of this
section is subject to all penalties imposed for a violation of Chapter 1 of Part VII ,
Division 2 of the Labor Code, in accordance with the provisions of Section 1753
thereof.
F. The City reserves the right to review and approve the qualifications of
subcontracting firms or persons . Substitutions that are not approved are
considered sufficient grounds for termination of contract.
H. The City or any of its duly authorized representatives, shall have access to
and the right to examine , audit , excerpt, copy or transcribe any pertinent
transaction , activity, time and work records , employment records or other records
relating to personnel employed by the contractor. Such material , including all
pertinent cost accounting, f inancial records and proprietary data, will be kept and
maintained by the contractor for a period of at least four (4) years after
completion of a contractor 's performance unless the City's written permission is
given to dispose of same prior to that time .
I. All responses to this RFP shall become the property of the City of Temple
City and will be retained or disposed of accordingly .
J. No amendments , additions , or alternates shall be accepted after the
submission date and time.
K . All documents, records, designs , and specifications developed by the
contractor in the course of providing services for the City of Temple City shall be
the property of the City. Anything considered to be proprietary should be so
designated by the contractor .
Temple City, RFP-Animal Control and Sheltering
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L. Acceptance by the City of any proposal submitted pursuant to this RFP shall
not constitute any implied intent to enter into a contract for services .
M. The City reserves the right to issue written notice to all participating firms of
any change in the proposal submission schedule should the City determine , in its
sole discretion , that such changes are necessary.
SUBMITTAL FORMAT AND CONTENT:
I. Submittal Length
The submittal should be typed and as brief as possible while adequately
describing the qualifications of the proposing firm (contractor).
II. Labeling Specifications
Proposals are to be submitted in a sealed package , clearly marked with the
contractor's name, address and phone number, and the words "RFP-Animal Care ,
Control and Sheltering Services". Only one submittal per contractor will be
considered .
Ill. Content
The contractor shall submit the following information with the package, including the
same information on sub-contractors, in the following format:
A. In no more than two (2) pages, the contractor should provide a cover letter
with its name, address and phone number, the primary contact name and phone
number, any qualifying statements or comments regarding the submittal and
identification of any sub-contractors and their responsibilities . The signed letter
should also include a paragraph stating that the contractor is unaware of any
conflict of interest in performing the proposed work.
B. The next portion should include a description of the qualifications of the
contractor's assigned staff and sub-contractors, relevant experience, and the
availability of the staff for the services provided . Resumes must be provided for
the Lead Liaison and any other key staff members as necessary. In firms with
multiple offices, the office location of all key staff must be identified . After
selection of a contractor by the City , no substitution of key staff or sub-
contractors may occur without written approval of the City. A list of related
projects should be included with the name of the contact person and the
telephone number for which the firm has recently or currently provides services
as outlined under the scope of work .
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C. Contractors must submit a proposal that includes a schedule of t ime and
materials/reimbursable rates including relevant hourly rate for all levels of staff to
be utilized , including sub-contractors if any. Contractors may also provide
alternative rate or fee proposals such as retainers and per case specific fees or
ranges . Examples of fee structures for similar client work would be helpful.
D. The fourth section will be a statement offering the contractor's acceptance of
all conditions listed in the RFP document. Any exceptions or suggested changes
to the RFP or any contractual obligations, including the suggested change , the
reasons therefore and the impact it may have on cost or other considerations on
the contractor's behalf must be stated in the submittal. Unless specifically noted
by the contractor, the City will assume that the proposal is in compliance with all
aspects of the RFP .
E. Firm must provide a copy of the following documents:
1. Articles of Incorporation and By-Laws , if applicable
2. Board of Directors Roster, if applicable
3. Current Operation Budget and Capital Improvement Plan
4. Mission Statement
F. Contractor must provide a copy of the contractor's sample contract.
SELECTION PROCESS AND EVALUATION:
I. Selection Steps
A. Each proposal will be reviewed to determine if it meets the RFP requirements.
Failure to meet the requirements of the RFP will be cause for rejection.
B. One or more of the most qualified contractors may be interviewed by an oral
board .
C. The City Manager will request a professional services agreement subject to
negotiation of a specified work program or scope of services , terms of payment
and other City requirements from the contractor found to be most qualified .
Nothing in this RFP should imply a contractual obligation for employment.
D. The most qualified contractors , after being interviewed by City staff/oral
board , shall make a presentation to the City Council of Temple City at a special
City Council meeting on September 25 , 2012 at 7:00 p.m. The agreement will be
presented to the City Council for approval and execution by the City Manager.
Te mple City, RFP -Animal Control and Sheltering
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II. Standard of Service
A. The standards of performance that the contractor is obligated to perform
hereunder are those standards considered to be good animal care, control and
shelter practices and are subject to approval and inspection by the City. This
shall include, but not be limited to, contractor shall provide extra equipment as
necessary to complete the day's work without additional charge to the City .
B. In determining the adequacy of the service , the City, in its sole discretion , will
use the following criteria:
1. Number and frequency of City or citizen complaint calls received.
2. Number and frequency of animal adoption .
3. Number and frequency of pet licenses issued.
4 . Number of City or citizen directed requests for in-City humane
inspections/investigations and any resulting filing of criminal complaints .
5. Number of certified POST trained animal control officers/field officers who
will be servicing the City of Temple City.
6. Methods of euthanasia of: adult dogs/cats, puppies/kittens, wildlife
(opossums, raccoons , etc.), livestock, if necessary. List and names of
personnel who are licensed to receive and administer controlled substances ;
proof of Federal/State licensing to receive controlled substances.
Please submit five (5) hard copies and one (1) digital copy of the proposal no
later than 6:00 p.m. on September 14, 2012 to:
City of Temple City
c/o : Community Development Department
9701 Las Tunas Drive
Temple City, CA 91780
Attn: Bryan Ariizumi, Public Safety Officer
Postmarks will not be accepted.
AGREEMENT FOR
Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
Dated
Attachment A
Temple City, RFP-Animal Control and Sheltering
Attachment A
AGREEMENT FOR
SERVICES
This Agreement for Services ("Agreement") is entered into as of
the date referenced on the cover page ("Effective Date") between the CITY OF TEMPLE CITY,
a charter law city and municipal corporation ("City ") and the CONTRACTOR designated on the
cover ("Contractor") (collectively the "Parties"). In consideration of the mutual promises and
covenants made by the parties and contained here and other consideration , the value and
adequacy of which are hereby acknowledged , the parties agree as follows:
SECTION 1. SCOPE OF SERVICES
1.1 Contractor Services. Subject to the terms and conditions of this Agreement,
Contractor agrees to perform for City those services specified in
the Scope of Services attached hereto and incorporated herein by reference as Exhibit ';A"
["Services"]. Contractor agrees to furnish , for the compensation provided for herein, all labor,
materials, tools , equipment, services, and incidental and customary work necessary to fully and
adequately perform and complete the Services. Contractor agrees to perform the Services in
accordance with all applicable local, state and federal laws, rules and regulations and in
accordance with applicable standards, specifications, and general conditions adopted by City.
Contractor agrees that all work must be of good and workmanlike quality and shall be subject to
inspection and approval by City. Contractor agrees to work closely with City staff in the
performance of Services and shall be available to City 's staff, consultants and other staff at all
reasonable times.
1.2 Extra Work. Contractor shall not be compensated for any work or services
rendered in connection with its performance of this Agreement which are in addition to or
outside of those set forth in the Scope of Services ("Extra Work ") except as expressly provided
for herein. It shall be Contractor's re sponsibility to ensure that the scope and price of any Extra
Work to be performed by Contractor is approved by City in writing in advance of Contractor's
commencement of such work. City shall not be obligated to pay for or otherwise be liable for
unauthorized Extra Work performed by Contractor.
1.3 Schedule of Performance & Term. Contractor agrees to diligently perforn1 and
complete the Services in accordance with the Schedule of Performance attached hereto and
incorporated herein by reference as Exhibit "B" ["Schedule of Performance"]. Modifications of
the Schedule of Performance must be agreed upon in writing in advance by the authorized
representative of the parties. The term of this Agreement shall be for one ( 1) year from and after
the effective date, unless expressly provided to the contrary in the Scope of Services, and subject
to early termination as provided for in Section 11 [Termination] of this Agreement. The term
may be extended by the mutually agreement of the parties memorialized in writing. City
authorizes its City Manager, or his/her designee, to agree to reasonable modifications of the
Schedule of Perfom1ance and to extensions of the Term, provided such modifications and
extension do not require additional compensation exceeding the City Manager's authority under
City's purchasing ordinance.
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1.4 General Warranty. Contractor warrants all Services under this Agreement
(which for purposes of this Section shall be deemed to include unauthorized work which has not
been removed and any non-confonning materials incorporated into the Services) to be of good
quality and free from any defecti ve or faulty material and workmanship . All warranties and
guarantees of subcontractors , suppliers and manufacturers with respect to any portion of the
Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of
City, regardless of whether or not such wananties and guarantees have been transferred or
assigned to City by separate agreement and Contractor agrees to enforce such wananties and
guarantees, if necessary, on behalf of City.
1.5 Repair of Defects. Contractor agrees that for a period of one (1) year from and
after final acceptance of the Service s, or in any guarantee or warranty provided by any
manufacturer or supplier of equipment or materials incorporated into the Work, whichever is
later, Contractor shall within ten (1 0) Days after being notified in writing by City of any defect in
the Services or non-conformance of the Services, commence and prosecute with due diligence all
work and services necessary to fulfill the tem1s of the warranty at his sole cost and expense. In
addition, Contractor shall, at its sole cost and expense , repair and replace any portions of the
work, facilities , fixtures , or materials damaged by its defective work services or which becomes
damaged in the course of repairing or replacing defective work or s ervices. For any work so
corrected , Contractor's obligation hereunder to correct defective Work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perfonn such tests as City may require to verify that any corrective actions are
adequate to remedy the defective condition. In the event that Contractor fail s to perform its
obligations under this Section to the reasonable satisfaCtion of City, then City shall have the right
to correct and replace any defective, non-conforming , or damaged work or services at
Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses
incurred hereunder upon demand.
1.6 Contractor's Representative. Contractor hereby designates the representative
named in E xhibit "D" ["Representatives "], or his or her designee, to act as its representative for
the perfonnance of this Agreement ("Contractor's Representative"). Contractor's Representative
shall have full authority to represent and act on behalf of the Contractor for all purposes under
this Agreement. Contractor's Representative shall supervise and direct the Services , using his or
her best skill and attention, and shall be responsible for all means, methods, techniques ,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered
the compensation set forth in Exhibit "C" [Compensation] attached hereto and incorporated
herein by reference . Total compensation shall not exceed the total price or "not to exceed "
amount set forth in Exhibit "C" without the prior written approval of City. City authorizes its
City Manager, or his/her designee, to approve additional compensation for Extra Work as may be
approved under Section 1 above, provided such additional compensation, in the aggregate, does
not exceed the City Manager's authority under City's purchasing ordinance.
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Attachment A
2.2 Payment of Compensation. Contractor shall submit periodic (monthl y or
quarterly as specified by City in Exhibit "C") invoices together with an item ized statement of
Services provided. The statement shall describe the Services provided, the percent of work
complete by item, together with such other reasonable detail and supporting d ocumentati on as
may b e required by the City Manager, or his/her designee . City will rev iew the statement and
pay, with the exception of any charges for work performed or expenses incurred by Contractor
which are di sp uted by City, within 30 days of receiving such statement, all approved charges
thereon. Payment to Contractor for work performed pursuant to this Agreement shall not be
deemed to waive any defect in work performed by Contractor.
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3 .1 Control and Payment of Subordinates; Independent Contractor. Contractor
agrees that all Services shall be performed by Contractor or under its supervision. The personnel
perfonning the serv ices under this Agreement on b ehalf of Contractor shall at all ti mes be under
the Contractor's exclusive direction and control. Contractor will determ ine the means, methods
and details of performing the Services subject to the requirement of this Agreement. Contractor
is and shall at all times remain a wholly independent contractor and not an officer, employee or
agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Neither Contractor, nor any of Contractor's officers ,
employees or agents , shall obtain any rights to retirement, healthcare or any other benefits which
may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor
may have to any such rights.
3.2 Standard of Care & Licenses. Contractor agrees that all Services shall be
performed in a skillful and competent manner, consistent with the standards generally recogni zed
as being employed by professionals in the same di scipline in the State of Cal ifornia. Contractor
represents and warrants that it, its employees and subcontractors shall have sufficient skill and
experience to perform the Services and that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legall y required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained in good standing throughout the term of this Agreement.
3.3 Required Corrections . As provided for in the indemnification provisions of this
Agreement, Contractor shall perform, at its own cost and expense and without reimbursement
from the City, any services necessary to correct errors or omissions wh ich are caused by the
Contractor's failure to comply with the standard of care provided for herein.
3.4 Law and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local , state and federal laws, rules and regulations in any manner affecting
the performance of the Services, including all Cal /OSHA requirements, and shall give all notices
required by law . Contractor shall be liable for all v iolations of such laws and regu lations in
connection with Services.
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Temple City, RFP -Animal Control and Sheltering
Attachment A
3.5 Safety. Contractor shall perfonn the Services, and maintain its work area , so as
to avoid injury or damage to any person or property and shall otherwise exercise all necessary
precaution s for the safety of employees appropriate to the nature of the work and the conditions
under which the work is to be perfonned.
3.6 Labor Code and Prevailing Wage Requirements.
3.6.1 Apprenticeable Craft s. To the extent applicable, Contractor shall comply
with the provisions of Section 1777 .5 of the Labor Code with respect to the employment of
properly registered apprentices upon public works.
3.6 .2 Hours of Work. Contractor shall comply with the legal days work and
ove11ime requirements of Section 1813 Labor Code.
3.6.3 Payroll Records . In accordance with the requirements of Labor Code
Section 1776, Contractor shall keep accurate payroll records which are either on forms provided
by the Division of Labor Standards Enforcement or which contain the same information required
by such fonns . Contractor shall make all such records available for inspection at all reasonable
hours.
3.6.4 Prevailing Wage Laws . Contractor represents and warrants that it is aware
of the requirements of California Labor Code Section 1720, et seq., and 1770 , et seq ., as well as
California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other requirements on
"Public Works" and "Maintenance" projects . If the Services are being performed as part of an
applicable "Public Works" or "Maintenance" project, as defined by the Prevailing Wage Laws,
and if the total compensation i s $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws . City shall provide Contractor with a copy of the prevailing rates of per
diem wages in effect at the commencement of this Agreement. Contractor shall make copies of
the prevailing rates of per diem wages for each craft, classification or type of worker needed to
execute the Services available to interested parties upon request, and shall post copies at the
Contractor's ptincipal place of business and at the project site . Notwithstanding the foregoing ,
the parties agree that because CITY is a Charter City, and the Services provided are local in
nature and of municipal concern, Sections 1720 , et seq., and 1770, et seq ., shall not apply.
3. 7 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,
sexual mientation, sex or age. Such non-discrimination shall include, but not be limited to , all
activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
3.8 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all
ofthe provisions ofthe Federal Immigration and Nationality Act, 8 U .S.C.A. §§ 1101 , et seq., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined therein .
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Attachment A
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence, active negligence, gross negligence
or willful mi sconduct of the Agency or City, Contractor expressly agrees to, and shall,
indemnify, defend , release, and hold the Agency, the City, and their respective officials, officers,
employees, agents, and contractors harmless from and against any Action , liability, loss, damage,
entry, judgment, order, lien , and Costs and Expenses which arises out of, or are in any way
related to , any act or omission of Contractor, or its officers, directors, employees, agents , or
contractors, connected with the performance under this Agreement, notwith standing that the
Agency and /or City may have benefited therefrom, or any challenge to this Agreement. This
Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether
active or pass ive, on the part of Contractor's officers, directors , employees, agents and
contractors, including but not limited to acts or omissions in any way related to , the release,
treatment, use, generation, transportation , storage, or dispo sal in, on, under, to , or from the
location at which work under this Agreement is performed of any Hazardous Substances by
Contractor or its officers, directors, employees, agents, and subcontractors. The Paiiies
expressly agree that any payment, or Costs and Expenses the City incurs or makes to , or on
behalf of, an injured employee under the City's self admini ste red workers' compensation, is
included as a los s or Costs and Expenses for the purpose of this Section. The City shall not be
responsible for any acts, errors or omissions of any person or entity except the City and their
respective officers, agents, servants, employees or contractors. The Parties expressly agree that
the obligations of Contractor under thi s Section shall survive the expiration or early termination
of the Agreement.
4.2 Action. For purposes of this Agreement , "Action" shall mean any suit (whether
legal , equitable, or decl aratory in nature), proceeding or hearing (whether administrative or
judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or
other alternative dispute resolution process, and the filing, recording, or service of any process ,
notice, claim, demand , lien, or other instrument which is a prerequisite or prelude to
commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, "Costs and Expenses "
shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily
incurred by a party in good faith in the investigation, prosecution or defense of an Action ,
including, but not limited to , court costs, filing , recording, and service fees , copying costs ,
exhibit production costs, special media rental costs, attorneys fees, consultant fees, fees for
investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs,
and any other costs or expenses, the award of which a court of competent jurisdiction may
determine to be just and reasonable.
4.4 Hazardous Substances. For purposes of thi s Agreement, "Hazardous
Substances" shall mean any and all ofthe following:
a. any substance, product, waste or other material of any nature
whatsoever which is or becomes li sted , regulated , or for which liability arises for misuse,
pursuant to the Comprehensive Environmental Response Compensation and Liability Act
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Attachment A
("CERCLA"), 42 U.S.C. §9601, et seq.; the Hazardous Matelials Transportation Act, 49 U.S.C.
§1801, et seq.; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §6901, et
seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33
U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act , 7 U.S.C. §136, et seq.; the
Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act,
42 U.S.C. §7401, et seq.; the Safe Dlinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste
Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30
U.S.C. §120 1, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S .C.
§11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the
Hazardous Waste Control Act, California Health and Safety Code ("H.&S.C .") §25100, et seq.;
the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking
Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of
Hazardous Substances, H.&S .C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous
Substance Account Act, H.&S .C. §25300, et seq.; the Hazardous Waste Management Act,
H.&S .C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory , H.&S.C.
§25001 , et seq.; the Porter-Cologne Water Quality Control Act, Water Code § 13000, et seq., all
as they may from time to time be amended; and
b. any substance, product, waste or other matelial of any nature
whatsoever which is or becomes listed, regulated, or for which liability for misuse mises
pursuant to any other federal , state or local statute, law, ordinance, resolution, code, rule,
regulation , order or decree due to its hazardous, toxic or dangerous nature.
SECTION 5. RECORDS AND DOCUMENTS
5.1 Accounting Records .
5.1 .1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. Any and
all such documents or records shall be maintained in accordance with generally accepted
accounting principles and shall be sufficiently complete and detailed so as to permit an accurate
evaluation of the services provided by Contractor pursuant to this Agreement. All such record s
shall be clearly identifiable .
5 .1.2 Inspection and Copying. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such records
and any other documents created pursuant to this Agreement. 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 under this Agreement. At no cost to City,
Contractor shall provide copies of such documents or records directly to the City for inspection,
audit and copying when it is practical to do so; otherwise, unless an alternative is mutually
agreed upon, such documents and records shall be made available at Contractor's address
indicated for receipt of notices in this Agreement.
5 .2 Ownership of Documents. All original maps , models, designs, drawings,
photographs , studies, surveys, reports, data, notes, computer files, files and other documents
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Attachment A
prepared, developed or discovered by Contractor in the co urse of providing any services pursuant
to the Agreement shall become the sole property of City and may be used , reused or otherwise
disposed of the Ci ty without the permission of the Contractor. Upon completion, expiration or
termination of this Agreement, Contractor shall turn over to City all such original maps, models,
designs, drawings, photo graphs, studies, surveys, reports, data, notes, computer files , file s and
other documents
SECTION 6. INSURANCE
6 .1 Maintenance of Insurance . Prior to the beginning of and throughout the tern1 of
this Agreement Contractor will maintain insurance in conformance wi th requirements established
by City's Purchasing Officer, Finance Director or Risk Manager for the type of Services being
performed. Contractor acknowledges that prior to the effective date of thi s Agreement , City
provided to Contractor the applicab le insurance requirements, a copy of which are attached
hereto as Exhibit "F" ("In surance"). Contractor will use existing coverage to comply with these
requirements. If that existing coverage does not meet the requirements set forth here, Contractor
agrees to amend, supplement or endorse the existing coverage to do so. Contractor
acknowledges that the insurance coverage and policy limits provided by City constitute the
minimum amount of coverage required. Any insurance proceeds in excess of the limits and
coverage required in this Agreement and wh ich are applicable to a given loss , will be available to
the City.
6.2 Additional Insureds. Contractor agrees to have its insurer include as additional
insureds City, its official s, emplo yees and agents, under such polices, and using such forn1 s as
may be, identified by the Ci ty's Purchasing Officer, Finance Director or Risk Manager.
Contractor a lso agrees to require all contractors, and subcontractors to do so likewise.
6.3 Proof of Insurance to City . Proof of compliance with the insurance
requirements , consis tin g of certificates of insurance evidencing all of the coverages required and
such additional insured endorsements as have been required to Contractor's policies shall be
delivered to City concurrently with Contractor's execution of this Agreement, but in no event
later than the Effective Date of this Agreement.
6.4 Subcontractors Insurance. Contractor agrees to ensure that s ubcontractors, and
any other party involved with the project who is brought onto or involved in the project by
Contractor, provide the same minimum insurance coverage required of Contractor. Contractor
agrees to monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this section. Contractor agrees
that upon request, all agreements with subcontractors and others engaged in the project will be
submitted to Ci ty for review.
Modification of Insurance Provisions. City authorizes City Manager to make, upon
the wri tten concurrence of the Finance Director or Risk Manager, reasonable amen dments to the
in surance requirements provided b y City to Contractor under Section 6.1 of thi s Agreement, after
considering the Scope of Services, potential liabil ities, and the required level of insurance to
adequately protect the City from risk liabi li ty.
LA #4822-4623-2581 vl
Temple City, RFP-Animal Control and Sheltering
Attachment A
SECTION 7. BONDS
Section intentionally deleted. No bonds necessary for these services .
SECTION 8. TERMINATION.
8.1 Termination by City. City may, by w1itten notice to Contractor, tem1inate with
or without cause, and without any prior notice of default or right to cure by Contractor, the whole
or any part of this Agreement at any time and by giving written notice to Contractor of such
te1mination , and specifying the effective date thereof, at least three (3) days before the effective
date of such termination . Upon termination, Contractor shal1 be compensated only for those non-
disputed Services, which have been adequately rendered to City , and Contractor shall be entitled
to no further compensation. Contractor may not terminate this Agreement except for cause.
8.2 Termination by Contractor. Contractor may, by written notice to City,
terminate this Agreement based upon City's failure to timely cure a default under this Agreement
as provided herein. At least forty-five (45) days prior to termination, Contractor shall provide
City with a written notice specify ing City's alleged default and providing City with a forty-five
( 45) day period to cure the default. Should City timely cure such default, the Agreement shal1
continue. Should City failure to timely or adequately cure such default, Contractor may
tenninate this Agreement by issuance of written notice to City.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein wi thout the prior
written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which
may arise out of the nature of the Services agreed to herein, or from the action of the elements, or
from any unforeseen difficulties which may arise or be encountered in the prosecution of the
Work until the same is fully completed and accepted by City.
9.3 Excusable Delays. Contractor shall not be liable for damage s, including
liquidated damages, if any, caused by delay in perfmmance of failure to perfonn due to causes
beyond the control of Contractor. Such causes include, but are not limited to , acts of God, acts
of the public enemy, acts of federal , state or local governments, acts of City, court orders, fires,
floods, epidemics, strikes, embargoes , and unusually severe weather. The term and price of this
Agreement shall be equitably adjusted for any delays due to such causes.
9.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be neces sary,
appropriate or convenient to attain the purposes of the Agreement.
LA #4822-4623-2581 vi
Temple City, RFP-Animal Control and Sheltering
Attachment A
9.5 Governing Law. This Agreement shall be interpreted, construed and go verned
according to the laws of the State of California. In the event of litigation between the parties,
venue in state trial courts shall lie exclusively in the County of Los Angeles . In the event of
litigation in a U.S. District Court, venue shall lie exclu sively in the Central District of California,
located in Los Angeles , California.
9.6 Integration . Thi s Agreement, including the attached Exhibits "A" through "F", is
the entire, complete, final and exclusive expression of the parties with respect to the matters
addressed therein and supersedes all other agreements or understandings, whether oral or written,
or entered into between Contractor and City prior to the execution of this Agreement. No
statements, repres entations or other agreements , whether oral or written , made by any party
which are not embodied herein shall be valid and binding. No amendment to this Agreement
shall be valid and binding unless in writing duly executed by the parties or their authorized
representative s .
9.7 Severability. If a term, condition or covenant of this Agreement is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and con strued without the invalid, void or unenforceable provision(s).
9.8 Prohibited Interests. Contractor represents and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee , gift or other consideration
contingent upon or resulting from the award or making of this Agreement.
9.9 Amendments. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by the City and the Contractor. The parties agree that
this requirement for written modifications cannot be waived and that any attempted waiver shall
be void.
9.10 No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
9.11 Delivery Of Notices. All notices required or permitted to be gi v en under this
Agreement shall be in writing and shall be given to the respective parties at the addres ses listed
in Ex hibit "D", or at such other address a s the re spective parties may provide in writing for this
purpose. Such notice shall be deemed made when personally deli vered or when mailed , forty-
eight (48) hours after deposit in the U.S. Mail , first class postage prepaid and address to the part
at its applicable addres s. Actual notice shall be deemed adequate notice on the date actual notice
occurred , regardless of the method of service.
9.12 Binding Effect. This Agreement shall be binding upon the heirs , executors ,
administrators, successors and assign s of the parties .
LA #4 822-4 623 -258 1 v i
Temple City, RFP-Animal Control and Sheltering
Attachment A
9.13 Waiver. Waiver by any party to this Agreement of any tenn, condition , or
covenant of this Agreement shall not constitute a waiver of any other tem1, condition, or
covenant. Waiver by any party or any breach of the provisions of this Agreement shall not
constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of
any provision of this Agreement. Acceptance by City of any work or services by Contractor
shall not constitute a waiver of any of the provisions of this Agreement.
9.14 Attorneys Fees, Costs And Expenses. In the event litigation or other proceeding
is required to enforce or interpret any provision of this Agreement, the prevailing pa1ty in such
litigation or other proceeding shall be entitled to an award of reasonable attorney 's fees, Costs
and Expenses, in addition to any other relief to which it may be entitled .
9.15 Subcontracting. Contractor shall not subcontract any portion of the work
requi red by this Agreement, except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Agreement.
9.16 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
9.17 Authority To Execute. The person or persons executing thi s Agreement on
behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute
this Agreement and to bind Contractor to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the patties hereto have caused this AGREEMENT to be executed
the day and year first above written.
CITY OF TEMPLE CITY CONTRACTOR:
By __________________________ __ By ____________________ ___
City Manager (Authorized Officer)
Title ------------------------
APPROVED AS TO FORM:
Print Name
City Attorney
Phone
LA #4822 -4 623-2581 vi
Temple City, RFP -Animal Control and Sheltering
Attachment A
EXHIBIT "A" SCOPE OF SERVICES
LA #4 822-4623-258 1 v i
Temple City, RFP-Animal Control and Sheltering
Attachment A
EXHIBIT "B" SCHEDULE OF PERFORMANCE
LA #4822-4623 -2581 vi
Temple City, RFP-Animal Control and Sheltering
Attachment A
EXHIBIT "C" COMPENSATION
LA #4822 -4623 -258 1 vi
Temple City, RFP-Animal Control and Sheltering
Attachment A
City of Temple City
____ Department
9701 Las Tunas D1ive
EXHIBIT "D" REPRESENTATIVES
Temple City, Califomia 91780
Attn :
Facsimile: (626) 285-8192
CONTRACTOR
Address
City, State, Zip
Attn:
LA #4 822 -4623 -258 1 v i
Temple City, RFP -Animal Control and Sheltering
Attachmen t A
EXHIBIT ''E" BONDS REQUIRED
None Required
LA #4822 -4623-258 1 v I
Temple City, RFP -Animal Control and Sheltering
Attachment A
EXHIBIT "F" INSURANCE
CONTRACTOR shall not commence work under this contract until CONTRACTOR shall
have obtained all insurance required by this Agreement and such insurance shall have been
approved by the CITY as to form, amount, and carrier; nor shall CONTRACTOR allow
any subcontractor to commence work on any subcontract until all similar insurance
required of the subcontractor shall have been so obtained and approved.
(a) COMPENSATION INS URANC E -CONTRACTOR shall take out and maintain
during the life of this contract, Worker's Compensation Insurance for all of
CONTRACTOR 's employees employed in connection with this Agreement; and
if any work is sublet, CONTRACTOR shall require the subcontractor s imilarly to
provide Worker's Compensation Insurance for all of the latter 's employees,
unless such employees are cov ered by the protection afforded b y
CONTRACTOR. If any class of employees engaged in work under thi s contract
is not protected under any Workers' Compensation law, CONTRACTOR shall
provide and shall cause each subcontractor to prov ide adequate insurance for the
protection of employees not otherwise protected. CONTRACTOR shall
indemnify CITY for any damage resulting to it from failure of either
CONTRACTOR or any subcontractor to take out or maintain such insurance.
(b) COMPREHENSIVE GENERAL LIABILITY, PRODUCTS /COMPLETED
OPERATIONS HAZARD, COMPREHENSIVE AUTOMOBILE LIABILITY
AND CONTRACTUAL GENERAL LIABILITY INSURANCE
CONTRACTOR shall take out and maintain during the life of th is contract s uch
comprehens ive general liability, products/completed operations hazard,
comprehensive general liability and contractual general liability insurance as shall
protect CITY, its elective and appointive boards, officers, agents and employees,
CONTRACTOR, and any subcontractor performing work covered by this
contract, from claims for damage for personal injury, including death, as well as
from claims for property dam age which may arise from CONTRACTOR's or any
subcontractor's operations under this contract, whether such operations be by
CONTRACTOR or by any subcontractor, or by anyone directly or indirectly
employed by either CONTRACTOR or any subcontractor, and the amounts of
such insurance shall be as follows:
(1) Public Liab ility Insurance in an amount of not less than ONE MILLION
DOLLARS ($1 ,000,000);
(2) Products/Completed Operations Hazard Insurance in an amount of not less
than ONE MILLION DOLLARS ($1 ,000,000);
(3) Comprehensive Automobile Liability Insurance in an amount of not less
than ONE MILLION DOLLARS ($1 ,000,000);
LA #4822 -4 623-258 1 vi
Temple City, RFP -Animal Control and Sheltering
Attachment A
(4) Contractual General Liability Insurance in an amount of not less than
ONE MILLION DOLLARS ($1 ,000,000).
A combined single limit policy with aggregate limits in an amount of not less than
TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the
said required minimum limits set forth hereinabove.
(c) PROOF OF INSURANCE-The insurance required by this AGREEMENT shall
be with insurers which are Best A rated , and California Admitted or better. The
CITY of Temple City shall be named as "additional insured " on all policies
required hereunder, and CONTRACTOR shall furnish CITY, concurrently with
the execution hereof, with satisfactory proof of caniage of the insurance required,
and adequate legal assurance that each carrier will give CITY at least thirty (30)
days ' prior notice of the cancellation of any policy during the effective period of
the contract.
(d) NOTICE TO COMMENCE WORK -The CITY will not issue any notice
authorizing CONTRACTOR or any subcontractor to commence work under this
contract until CONTRACTOR has provided to the CITY the proof of insurance as
required by subparagraph (c) of this article.
LA #4 822-4 623 -258 1 v i
City Of Temple City; Animal Care, Control and Sheltering Services RFP
Scope of Services:
I. Custo~er Service
a Pasadena Humane Society & SPCA (PHS) will accept all owners turned in
animals, respond to stray dog calls, pick up confined cats , confined
animals and pick up and dispose of dead animals. Residents are
responsible for the disposal of dead livestock . PHS employs state certified
veterinarians and all employees perfonning euthanasia are Certified
Euthanasia Technicians .
b. Animal Control Officers are POST certified within 9 months of
employment.
c. PHS will pick up animals confined by City staff.
d. PHS has a flat rate for all services.
e. PHS provides emergency response for Fire, Police and City departments .
f. PHS offers limited patrol based upon the needs of the City.
g. PHS will issue citations according to the City's municipal code.
h. Monthly reports will be emailed to representatives designated by the City.
Reports contain all information about an animal from impound through
outcome. PHS uses Chameleon software to track activities.
i. If an animal is an immediate threat animal controls officers will impound ··
the animal. If it is not a threat but still an issue and animal control officer
will work with the resident to rectify the situation. If the resident is
unwilling to comply the resident would be issued a citation or assist with
filing charges.
j. All licenses are researched from a data base provided by the issuing
authority. If an animal is impounded with no ide_ntification an owner is
required to bring in Proof of Ownership. Proof of Ownership can be vet
records, photos, bill of sale, etc .
k. PHS is a member of the State Humane Association, the CVMA, the
Society of Animal Welfare Administrators, and the National Federation of
Humane Societies. We train our officers on a regular basis and receive
updates of changes in animal law. All of our health care staff receives
education required to maintain certification. In addition we work closely
with the County and Pasadena City health departments.
1. All avenues for identification are researched; microchip, ID tags and
rabies licenses. All animals are screened for health and behavior prior to
placement. If an animal is healthy and friendly it is available for
placement as long as it remains healthy and friendly . Placement includes
adoption and placement with so called animal rescues. Sometime we do
not have enough space to care for all animals and we would euthanize for
space. Prior to euthanasia, for any reason other that irremedial suffering, a
panel of employees review each animal and discuss options.
II. Shelter, Kennel, Field Services
a. All animals are fed an appropriate diet, have fresh water available and
housed in appropriate housing. A veterinarian is on duty during normal
business hours.
City Of Temple City; Animal Care, Control and Sheltering Services RFP
b. PHS has ample experience and the appropriate facilities to quarantine
animals, house animals under protective custody and investigation.
c. PHS has MOUs with other agencies and facilities to house large animals .
d. All kennels and cages are cleaned daily and spot cleaned as needed. PHS
takes pride in keeping a clean facility. We use a disposal agency for the
removal of dead animals and are able to process animal waste through city
sewers.
e. Licensing renewals are computer generated. All new licenses are input
into the automated system.
f. PHS is open to the public from 9-6 Tuesday-Friday, 9-5 Saturday and 11-5
on Sunday: We are closed on all major holidays.
g. All normal services are available during business hours.
h. PHS has adoption counseling, behavior assessment, consultation and
classes, lost and found services and Humane Education.
i. SNiP low cost spay/neuter available to all residents.
j. Multiple vaccine clinics
k. PHS offers a flat rate for all services.
1. Provides full service animal control.
m. Offers animal control services and patrolling as needed with no ceiling.
City will have ability to contact PHS dispatch or on call officer.
n. PHS is available to residents during normal business hours, will take
priority calls ci.fter hours and weekends and will respond to Police, Fire
and city departments 24/7.
III. Management and Finance
a. All anima} and activity records are in the Chameleon software database.
b. PHS will bill and provide requested back up on an agreed upon basis.
c. All reoords are kept for 7 years. .
d. PHS will submit to an audit paid for by the City. Financial Audits are done
annually by an outside agency at the expense of PHS. Those audits are
available to the City.
e. A copy of the monthly report is attached.
f . Activity log will be submitted.
g. PHS uses its website and social media to reach out to residents. All
animals impounded by PHS will be on our website.
h. All insurance requested is standard.
1. Appropriate insurance is standard.
IV. Supplies and Equipment: PHS provides and maintains all tools and materials
rieeded.
V. Terms of Service.
a 22 month contract if licensing is included.
b. Agreed
VI . Cost bid is all inclusive.
City Of Temple City; Animal Care, Control and Sheltering Services RFP
Customer Service
a. In 2011 39% of our revenue was from donor and foundation support. With the
addition of contract revenues, proceeds from our investment fund and fees for
service PHS is able to provide excellent care for all abandoned, homeless and
unwanted animals entrusted to us.
b. PHS is an open door facility and will never turn away an animal from our service
areas.
c. Our animal control staff is trained to respond to all animal control calls. We have
fifteen POST certified staff members in Field Services department.
d. PHS offers a flat fee contract and will respond to all animal needs without extra
charge. Our staff has experience in conducting investigations, filing complaints
and has a good working relationship with the District Attorney's office .
e. PHS is organized to respond to requests from the police and fire department along
with response to both natural and man made disasters .
Shelter and Community Programs
a. PHS follows the standard recommended cleaning protocols as defined by our
veterinary Staff, public works and meets all OSHA requirements. Keeping the
facility clean and clutter free is best for the health of the animals, our staff,
visitors and neighbors .
b. In 2004 PHS partiCipated in the creation of a uniform method of collecting data;
referred to as the Asilomar Accords. In 2011 our A-silomar statistics show our
placement rates as 92.48% of adoptable cats and 94.49% of adoptable dogs.
c. PHS uses Chameleon software for our full database this ·allows us to create
licensing reminders, tracks rabies certificate and helps us reunite licensed pets
with their owners.
d. Our volunteer program is over 400 people strong and growing. Included are CAP
volunteers and their animals who visit hospitals, nursing facilities, and group
homes.
e. PHS is open to the public from 9-6 Monday thru Friday, 9-5 Satuday and 11-5
Sunday. The adoption office stops seeing new customers one hour prior to
closing.
f. On staff we have one full time veterinarian, three licensing canvassers, and 12
officers in our Field Services department In addition we contract with a
veterinarian 2 days per week.
g. Our Adoption Counselors assist member of the public choose the animal that is
most appropriate for their home . Behavior Staff assesses the animals for
appropriate behavior, is available for adoption conSultation, provides phone
consultation and offers a full array of behavior and training classes. The Front
Office keeps a database oflost and found animals which they review daily .
h. SNiP is our lost cost Spay/Neuter program, currently we offer a spay/neuter clinic
two days a week plus a voucher program referring customers to outside
Ci:tY Of Temple City; Animal Care, Control and Sheltering Services RFP
veterinarians . All Pit Bulls and Chlhuahuas are sterilized at no charge. We are in
the midst of building a new clinic where we can offer services 5-7 days a week.
i. We offer a low cost vaccine clinic throughol;rt the year, microchipping on
Sundays. When an animal is claimed by the owner we offer low cost sterilization
and a microchip.
j. Our Field Services department provides investigation into animal bite, cruelty,
neglect, and barking dog complaints. We have experience taking a case from .
complaint thru prosecution.
k. As part of our contract we respond to stray, contained, injured or dead animal
calls. We will pick up contained, injured or dead wildlife.
I. The PHS pet store is open during our nonnal business hours; all proceeds go back
to the animals. Through our pet store we offer dog boarding to members of the
public.
Management & Finance
A. We currently utilize Peachtree Software for all accounting purposes and
Chameleon Software for all animal control and activity purposes . A monthly
financial report is prepared by our Controller and reviewed by our Accountant
prior to presentation to our Board. ·An Accounting Audit is completed by our
Accountant at the end of each calendar year prior to completion of our annual 990
Tax Return.
B. Each and every animal is processed through our Chameleon Database. A monthly
operations report is completed providing a detailed breakdown of the animals
impounded, claimed, owner tum-ins, area/location where imp01mded/found, and
all other dispositions.
C. We have an on-site IT Staff who maintains our Web-site with current information
and notices to the public . All animals booked through our shelter are posted to
this web-site continuously throughout the day.
D. General Liability Insurance provided through Nonpro:fits' Insurance Alliance of
· California. Single Occurrence limit $1 ,000,000. All contracted cities named as
Additional Insured.
E. Worker's Compensation Insurance Policy through Hanover Insurance meets all
requirements by the State of California.
Supplies and Eguipment
PHS furnishes and maintains all supplies and equipment necessary to provide services.
Term of Service
A twenty-two month contract with termination agreement and opportunity to extend is
desired. A term less than 22 months will not include licensing service.
City Of Temple City; Animal Care, Control and Sheltering Services RFP
The annual cost for service from the Pasadena Humane Society & SPCA is $4 .75 per
person plus impound and license revenue. For the duration of the contract the annual fee
is $170,126.
03 .01 GENERAL QUALIFICATIONS
The Pasadena Humane Society & SPCA (PHS) was founded in 1903 and incorporated in
1907. In 1904, PHS became the official provider of Animal Control services for the City
of Pasadena The officers investigated charges of cruelty against horses and other
working animals and arrested people who committed those crimes . Records show that in
1905, PHS investigated 292 cruelty cases involving 414 animals, which resulted in 16
warnings, 29 prosecutions, 21 convictions and two out-of-court settlements.
Since that time, PHS has grown to be the animal control agency for seven cities, and has
75 employees including humane officers, investigators, animal control officers, and
kennel staff, a veterinarian, and health staff technicians. All of these positions contribute
to the positive sheltering experience PHS is able to provide for the animals.
PHS is known as a proactive, progressive shelter throughout the animal welfare business.
PHS provides a low-cost spay/neuter clinic for animals in its service cities to fight pet
overpopulation; public low cost vaccination clinics every six weeks to promote
affordable pet health; humane education programs for interested adults, city workers and
school children to teach responsible pet care.
PHS is invested strongly in the future of animals and our service cities. At present, PHS
is building an Animal Care Campus that will include a low-cost spay/neuter hospital, an
animal behavior center, a:nd will be able to provide high quality, effective and efficient
service to residents and animals in our service area.
03.02 ASSIGNED CONTACT
City Of Temple City; Animal Care, Control and Sheltering Services RFP
1) The primary contact assigned to the City will be the Senior Vice President of the
Pasadena Humane Society; the secondary contact will be the Lieutenant in charge of the
Field Services Department.
2) The Senior Vice President is responsible for the day to day operations of the Pasadena
Humane Society & SPCA and reports to the President. To hold this position, the
individual must have at least 5 years senior supervisory experience at an animal welfare
agency. Currently, this position is held by Elizabeth Richer Campo, CA WA (Certified
Animal Welfare Administrator).
3) The Lieutenant in Field Services is Lt. Nemesio Arteaga. As a Police Academy
graduate , he has extensive knowledge ofthe criminal justice system which is coupled
with years of experience in animal control service. His knowledge of and experience with
animal care and control laws, rules and regulations, and his experience of over 15 years
in animal neglect, abuse and cruelty investigations make him an expert in his field. He
has reliably demonstrated effective leadership skills and the ability to deal with irate and
difficult people and to diffuse stressful situations quickly. His resume is attached.
Equipment
Our current service vehicles are:
Unit# Make Model Lie Vin#
Unit #1 Ford F250 2005 7V08162 1F1NF20505EC96059
Unit #2 Ford F250 2011 29414El 1FTBF2A60BEC30357
Unit #4 Ford F250 2006 8E07450 1F1NF20506ED55841
Unit #5 Ford F250 2010 2915'6Bl 1FDNF2A54AEA8298.6
Unit #7 Ford F250 2008 8U59884 l~F20578EB21649
Unit #.8 Ford F250 2008 8P32096 lF11iF20528EB79667
Unit #9 Ford F250 2008 8838277 1F1NF20598EB12659
City Of Temple City; Animal Care, Control and Sheltering Services RFP
Legal & Insurance Requirements
A. Insurance
1. Provided by Nonprofits' Insurance Alliance/ General Liability $1,000,000 per
individual occurrence with $2,000,000 general aggregate. Contracted cities
named as Additio11al Insured . Umbrella Insurance $4,000,000 each
occurrence I $4,000,000 annual aggregate.
2. Worker's Compensation-insured through Hanover Insurance-meeting all
state requirements with certificate of insurance provided with each contract.
3. Business Auto/ Umbrella Liability Insurance-Meets ISO-Symbol! (any
auto) requirements, $1,000,000 single accident limit. Starting & ending dates
are concurrent.
4. Employer's Liability Insurance-Currently $1,000,000 each accident.
City Of Temple City; Animal Care, Control and Sheltering Services RFP
Pasadena Humane Society Field Services Department and Support Staff
Name
Elizabeth Richer Campo,
CAWA
Nemesio Arteaga
Open
Julie Story
V annessa White
Greg Murphy
Meagan Christy
Nadia Marquez
Nicole Swartzlander
Ted Berdigay
Johnson Tran
Evan Jacobs
Ashley Hermans
Jennifer Thomas
CesarMuro
Virginia Olszewski
Ruth Marron
Ashley Smith
Rutbie Hughes
Title
Sr. Vice President
Lieutenant
Sergeant
Investigator
Animal Control Officer
(promotion to State
Huniane Officer I pending)
Animal Control Officer
Animal Control Officer
Animal Control Officer
Animal Control Officer
Animal Control Officer
Animal Control Officer
Animal Control Officer
Wildlife Officer
Dispatcher
Dispatcher
Licensing Canvasser
Licensing Canvasser
Licensing Canvasser
Controller
Qualification
7 years progressive
experience managing an
animal welfare agency
See attached resume
State Humane Officer I
State Humane Officer I
POST certified, State
Humane Officer I (pending) .
POST certified
POST certified
POST certified
POST certified
POST certified
POST certified
POST certified
POST certified
POST certified
4 years experience
POST certified
POST certified
2 years experience
Over 15 years experience as
Controller for non profit
agencies.
City Of Temple City; Animal Care, Control and Sheltering Services RFP
2012 Board of Directors
Nancy Plamann
Karen Kiefaber
Carol Kirby
Jennifer Thom.ton Wieland
Weta Mathias
David Malone
Karla Berensten
Robert Fidler
Russell Glauber
Gerald Knapton
Srinath Samudrala, MD
Pete Siberell
Steven R. McNall
Chair
Vice Chair
Vice Chair
Secretary
Co-Treasurer
Co-Treasurer
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
President/CEO
City Of Temple City; Animal Care, Control and Sheltering Services RFP
PHS holds contracts with the following cities:
Pasadena
Glendale
Arcadia
South Pasadena
La Cafiada-Flintridge
San Marino
Sierra Madre
.,,. ':,,.:,_,)~-;~ ~-·,·:~:.. t: '· .. :.··,· .. ·· · .... ·~ ':; . •., ·-.·,: <'::,;·$... ; ~-
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Animal Control
8/1/2012 to 8/31/2012
ALL CITIES
ABANO FERAL INV
BIRD 0 0 0
CHJCKE 0 0 0
·-
DOVE 0 0 0
DUCK I 0 0
PBAFO 0 0 0 ·--
PIGEON 0 0 0
QUAIL 0 0 0
CAT 20 61 0
DOG 6 0 I
MAMMA BAT 0 0 0
L
DEER 0 0 0
OPOSSU 0 0 0
RACCO 0 0 0
SKUNK 0 0 0
RABB IT 2 0 0
REPmE 0 0 0
RODENT GUINEA I 0 0
HAMST 1 0 0
MOUSE 0 0 0
RAT 0 0 0
SQUlRR 0 0 0
31 61 1
LIYtl/'\llllllilll IIIUSIU: I"U:IU,UII "-l:f'UH
Ov.M:
0
0
0
0
0
0
0
68
59
0
0
0
0
0
4
2
1
I
0
3
0
138
8/1/2012 to 8/3112012
ALL CITIES
PROT REQ RTRN
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
I 13 8
10 43 1
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 1 0
0 I 0
0 0 0
0 2 0
0 0 0
0 2 0
0 0 0
11 62 15
RTRN
0
0
0
0
0
0
0
6
6
0
0
0
0
0
0
0
0
0
0
0
0
12
STRAY TRANS VVI LD VVI LO TOTAL
2 0 97 0 99
"' 0 0 0 4
0 0 13 0 13
0 0 3 0 4
0 0 4 0 4
7 0 22 0 :Z9
1 0 0 0 1
1:1.7 2 0 0 406
27S 3 0 0 410
0 0 4 0 4
0 0 I 0 1
0 0 38 11 49
0 0 3 14 11
0 0 3 13 16
12 0 4 0 Z3
5 0 25 0 33
2 0 0 0 4
0 0 0 0 4
I 0 I 0 2
1 0 0 0 6
0 0 32 0 32
537 5 260 38 1,161
TOTAL
z I a::
0 0 w 1--w
i= w ~ ::l w I.L ~ w ::> (/)
0.. 0 ~ (.) g 8 (.) 0 (/) ~ a:: w (/) ::> w ~ ~ ~ <{ i5 w w a::
MAMMA SKUNK 0 1 0 2 13 0 0 0 0 0 16
L
Total 0 18 0 18 68 0 0 0 0 0 104
RABBIT 4 0 0 II 0 J 5 J 0 0 22
Total ~ 0 0 11 0 1 5 1 0 0 22
REPTILE LIZARD 0 0 0 0 0 1 0 0 0 0 1
SNAKE 0 I 0 0 23 0 0 0 0 0 24
TORTOI 0 0 0 0 0 0 2 0 0 0 2
TUR1LE 4 0 0 2 0 0 0 0 0 0 6
Total 4 1 0 l 23 1 l 0 0 0 33
RODENT GUINEA 0 0 0 0 0 0 J 0 0 0 1
HAMST 1 0 0 I 0 2 0 0 0 0 4
MOUSE 7 1 0 I 0 0 0 0 0 0 9
RAT 0 0 0 0 0 2 0 0 0 0 2
SQUIRR 0 3 0 17 0 0 0 0 0 1 21
Total 8 4 0 19 0 4 1 0 0 1 37
240 66 1 449 114 63 101 129 4 21 1177
Jo\lllllliU::I .:~un n1:re ill c,rru Ul murnu
BIRD
CAT
DOG
as of 8/31/2012
ALL CITIES
ACTIVE
23
13!1
130
OTHER 62
' '.
'·.
--·-------
ATIACHMENT ucn
CITY OF TEMPLE CITY REQUEST FOR PROPOSAL (RFP)
ANIMAL CARE, CONTROL AND SHELTERING SERVICES
SCOPE OF SERVICES:
San Gabriel Valley Humane Society's response to The City ofT emple City's
Request for Proposal for a contractor qualified to provide animal care , control
and sheltering services for the City as follows:
I. Customer Service
A. The San Gabriel Valley Humane Society provides pick up and seizure of all
animals including exotics , birds and limited species of livestock that are called in
or brought in by residents on behalf of the City of Temple City. This includes
injured, stray, or dangerous domestic animals, injured or dead wildlife , and
owner-relinquished compan ion animals provided that the owner agrees to pay for
the Humane Society's keeping until its adoption or euthanasia . Contractor shall
ensure that proper housing and food are available for all animals accepted .
B. The Animal Control Officers of the San Gabriel Valley Humane Society are
POST (Peace Officer Standards Training) certified .
C. San Gabriel Valley Humane Society has an established procedure whereby
animals may be delivered to the shelter by City staff. The procedure includes
flexibility in drop off times for animals by City or Los Angeles County Sheriff
Department staff.
D. San Gabriel Valley Humane Society offers mutually agreed upon services and
answers informational calls about anima ls directly from the residents which shall
include , but not be limited to conducting humane investigations and knowledge of
the filing of criminal compla ints both, felony and misdemeanor, with the City
Prosecutor and/or District Attorney's Office.
E. San Gabriel Valley Humane Society provides 24 hour emergency response ,
assistance to City staff, police , fire departments, and disaster response .
F. San Gabriel Valley Humane Society will patrol the City on a continuous basis
to ensure v isibility of presence in the community.
G. San Gabriel Valley Humane Society provides issuance of citations, bot h
admin istrative and crim inal as designated by the City of Temple City, for
violations of the Temple City Municipal Code .
H. San Gabriel Valley Humane Society will provide a detailed description of
reporting procedures and how reports w ill be filed with the City of Temple City
and the Los Angeles County Sheriff's Department upon negotiation and
acceptance of a contract for animal care and control services. As San Gabriel
Valley Humane Society currently provides animal care and control servi ces for
the City of Temple City, report ing procedures and the filing of reports are
currently in place and have been acceptable to the City of Temple City for the
past 12 years .
I. San Gabriel Valley Humane Society will provide a detailed description of how
the animal control officer will advise owners of nu isance animals (per adopted
animal control regulations , TCMC) upon ne gotiation and acceptance of a contract
for animal care and control services . As San Gabriel Valley Humane Society
currently provides animal care and control services for the City of Temp le City,
reporting procedures and the filing of reports are currently in place and have
been acceptable to the City of Temple City for the past 12 years .
J. San Gabriel Valley Humane Society will provide a detailed description of the
procedures used when an animal has been picked up and can be identified by
means of a license and when a stray animal is unlicensed and ownership cannot
be identified. The City of Temple City will be required to supply current licensing
information to the San Gabriel Valley Humane Society at no cost to the Humane
Society.
K. San Gabriel Valley Humane Society has p rovided animal care and control for
the past 88 years and has exhibited a thorough knowledge of animal welfare
statutes, local , State and Federal animal laws , and policies regarding animals
includ ing Federal and State impoundment, disease contro l and vaccination
regulations .
L. San Gabriel Valley Humane Society makes all reasonable attempts to reun ite
animals with owners before euthanasia or adoption including accessing current
licensing records , using contact information on owner provided tags worn by the
animal and scanning all animals to detect implanted microchips . Animals
impounded for the City of Temple City shall be held for adoption or redemption ,
by the owner or animal's custodian, for the minimum period of time specified by
ordinance of the City of Temple City , provided that no designated holding period
shall be less than that provided by state law for the animal concerned . All
animals held in excess of the mi n imum period specified above shall become the
responsibility of the San Gabriel Valley Humane Society and the City of Temple
C ity shall have no furthe r responsibility for such an im al.
II. Shelter, Kennel and Field Services
A . San Gabriel Valley Humane Society will provide the highest standards of care
and treatment to all animals held in its ' possession . Adequate food shall be
provided and the shelter shall not be overpopulated. San Gabriel Valley Humane
Society will have veterinary services ava ilable during normal business hours . Pet
owners of impounded animals would remain responsible for all routine and
emergency veterinary care costs.
B. The shelter does provide means for the isolation, not permitting the public to
have access or visits , of animals w ith Police holds, quarantines , or pets held in
protective custody that will not expose other sheltered animals to risk. In the
event that an animal is impounded and boarded by the City health officer (or
designee), police, or a court order, or placed under quarantine by a ruling of the
State Board of Health , San Gabriel Valley Humane Society will accept the
responsibility to board said animal as required by order or ruling at the expense
of the City of Temple City . Owners of said impounded animals would be
responsible for all costs , but in the event that there is no owner, or the owner
does not pay the required fees, the City will be responsible for payment of such
fees and all costs incurred as a result of police or court order, or placement under
quarantine by the City health officer.
C. The San Gabriel Valley Humane Society has an adequate number of dog
kennels and cat cages , isolation facilities for quarantined animals and animals
being held for investigation and access to large animal housing. The animal
shelter is maintained in a clean and sanitary condition at all times and meets the
standards for shelters as established by the Univers ity of California, Davis ,
Veterinary School. The kennels comply with the standards set forth in the
Humane Society's Uniform Standards Guidelines (HSUS) for the operation of an
animal shelter. City staff do have the right to enter and inspect the premises
during regular business hours for the purpose of inspecting the facilities for the
conditions mentioned above .
D. The San Gabriel Valley Humane Society provides daily cleaning and
recognized sanitation of all shelter and kennel areas , food and water bowls,
hallways and equipment; collection and proper disposal of animal refuse or other
animal waste.
E. San Gabriel Valley Humane Society can provide l icensing services with a fully
modern and automated licensing system that automatically generates license
and anti-rab ies renewal forms for the City of Temple City. The cost for any City
specific forms or materials will be borne by the City.
F. San Gabriel Valley Humane Society shall be responsible for making every
reasonable effort to prepare and present animals for adoption by the public and
to facilitate the same . All animals determined by the San Gabriel Valley Humane
Society to be adoptable are placed for adoption once the holding period has
expired for the animal's owner to claim . The San Gabriel Valley Humane Society
maintains broad adoption and kennel hours and is open to the public a minimum
six (6) days and forty-five (45) hours per week. The office is open six (6) days
and fifty-four (54) hours per week. Boarding is provided by Temple City Animal
Hospital.
G. San Gabriel Valley Humane Society maintains full staffing during normal
business hours and includes: front line staff, veterinary staff, Animal Control
Officers and licensing canvassers.
H. San Gabriel Valley Humane Society maintains the following programs such
as :
Adoption Counseling ; On site and off site adoption events which include the
'Buddy System' and Senior to Senior' adoption programs; Behavior consultation
and Behavior Training ; Weekly affordable Vaccination Clinics and Spay/Neuter
Clinics for owned pets; Lost and Found ; Humane education programs geared to
grades K-12; Community Service Fulfillment program for community service
based projects for local Girl Scout and Boy Scout troops, Eagle Scouts, and
Temple City High School students ; Volunteer Program; Community outreach
through local Chambers of Commerce (San Gabriel Valley Humane Society is a
current member in good standing of the Temple City Chamber of Commerce)
and Rotary Clubs ·
I. San Gabriel Valley Humane Society offers low cost Spay/Neuter programs and
low cost Spay/Neuter hospital every week to residents of Temple City.
J. San Gabriel Valley Humane Society offers low cost vaccine and micro-
chipping clinics on a daily basis (excluding Sunday and Monday) to the residents
of Temple City.
K. San Gabriel Valley Humane Society includes emergency veterinary care in the
lump sum proposal.
L. San Gabriel Valley Humane Society will continue to provide animal bite ,
cruelty, neglect, and barking dog complaint investigations pursuant to City noise
and animal control regulations.
M . San Gabriel Valley Humane Society can offer animal control staff to patrol the
City forty (40) hours a week (hours to be mutually agreed by the City and the
Humane Society and can be adjusted by mutual agreement dependent on
community needs) and is ab le to maintain constant contact with City staff in order
to be dispatched (i.e., two-way radio, mobile phone , etc.).
N . During regular business hours, San Gabriel Valley Humane Society shall
accept calls for service (as specified in proposal) from residents. San Gabriel
Valley Humane Society shall also provide calls for service from City staff, and
Los Angeles County Fire and Sheriff Departments on a 24/7 basis. A dedicated
phone number will be provided for after hours and holiday contact.
Ill. Management and Finance
A. The San Gabriel Valley Humane Society maintains automated records of all
activities and business transactions.
B. San Gabriel Valley Humane Society will collect any and all licensing fees due
to the City as contractually agreed. San Gabriel Valley Humane Society takes
exception to the following items (Examples: spay/neuter fines, subsequent
impound fees, etc.) San Gabriel Valley Humane Society will issue receipts for
payment , provide the City a monthly report of any license fees collected and
remits monies due to the City on a monthly basis. (San Gabriel Valley Humane
Society takes exception to 'twice weekly, days to be determined by City').
C. The San Gabriel Valley Humane Society keeps and maintains comprehensive
records at the premises for a period of not less than three (3) years.
D. City may conduct, at City's expense, an annual audit of services at the end of
the first term of the contract (June 2013) and on a yearly basis (in June) to
ensure proper documentation of activities including, but not limited to: animal
intakes ; response to complaints ; adoption and disposal of animals; collection of
fees ; veterinary care; continuing education records; and any other activities the
City deems necessary to be audited as agreed by the Humane Society.
E. San Gabriel Valley Humane Society can provide a monthly operations report,
itemizing the number and types of animals impounded, number and types of
animals claimed , number of any other animals processed and their disposition,
the type of animal and location/address of each action including acceptance,
sheltering, special handling, adoption , emergency veterinary care , quarantine ,
disease control, euthanasia , and disposal of each animal. San Gabriel Valley
Humane Society has developed its own compu ter-generated record-keeping
procedure and maintains records of all animals it handles in the performance of
the contract and fees co llected that are payable to the City, if any. These records
and reports shall be made readily available to City staff and/or independent
auditors procured by the City to ensure the proper maintenance of records and
disposition of City fees collected by the Humane Society. City staff and/or
independent auditors shall have access to only computer software used to
maintain Temple City animal impound records.
The San Gabriel Valley Humane Society will provide the following
comprehensive list of information in said monthly report :
1. Descript ion of the animal , including its breed , color , size , and se x. Disposition
will be indicated only up to and including the last day of the holding period.
2 . Who brough t in the animal (name and address of resident or anima l control
office r), date animal was brought in, where and how the animal was obtained .
3 . The animal's owner if claimed up to and including the last day of the holding
period.
4. Duration of stay . San Gabriel Valley Humane Society takes exception to
item 4. Any and all animals impounded from the City of Temple City
become the sole property of the San Gabriel Valley Humane Society after
the designated minimum hold period specified by state law has been met.
All information regarding said animal after the specified hold period is the
sole property of the San Gabriel Valley Humane Society.
5. When the animal was redeemed , who redeemed the animal within the
designated hold period as specified by state law. San Gabriel Valley Humane
Society takes exception to item 4 . Any and all animals impounded from the
City of Temple City become the sole property of the San Gabriel Valley
Humane Society after the designated minimum hold period specified by
state law has been met. All information regarding said animal after the
specified hold period is the sole property of the San Gabriel Valley Humane
Society.
6. When the an im al was adopted , who adopted the animal. San Gabriel Valley
Humane Society takes exception to item 4. Any and all animals impounded
from the City of Temple City become the sole property of the San Gabriel
Valley Humane Society after the designated minimum hold period specified
by state law has been met. All information regarding said animal after the
specified hold period is the sole property of the San Gabriel Valley Humane
Society.
7. Name and address of new owner. San Gabriel Valley Humane Society
takes exception to item 7. Any and all animals impounded from the City of
Temple City become the sole property of the San Gabriel Valley Humane
Society after the designated minimum hold period specified by state law
has been met. All information regarding said animal after the specified
hold period is the sole property of the San Gabriel Valley Humane Society.
8. When the animal was euthanized . San Gabriel Valley Humane Society
takes exception to item 8. Any and all animals impounded from the City of
Temple City become the sole property of the San Gabri el Valley Humane
Society after the designated minimum hold period specified by state law
has been met. All information regarding said animal after the specified
hold period is the sole property of the San Gabriel Valley Humane Society.
9. San Gabriel Valley Humane Society will advise disposition of all complaints
regarding an imals .
10. San Gabriel Valley Humane Society will advise all dangerous or potentially
dangerous animals and dog-bite incidents.
11. San Gabriel Valley Humane Society will advise all citations issued and their
final disposition . The City of Temple City will provide, free of charge,
administrative and criminal citation books to all Animal Control Officers of the
San Gabriel Valley Humane Society.
12. San Gabriel Valley Humane Society will advise fees collected if reimbursable
or owed to the City of Temple City.
13. San Gabriel Valley Humane Society will provide records of licenses sold with
names , addresses and license numbers on a monthly basis .
F. The daily log sheet of the animal control officer's (assigned to work solely
within the City limits of Temple City if costs for such an officer are contractually
agreed) field activities including information to be identified by City staff that will
ensure adequate verification of services . San Gabriel Valley Humane Society
will accept a City issued daily log sheet to be used by the Humane Society
officer.
G. San Gabriel Valley Humane Society maintains an updated website -
www.sgvhumane.o rg -to provide residents w ith information pertaining to City
animal con t rol regulations and fees, adoption procedures, calendar of events
(i.e., spay/neuter clinics, adoption events , etc.), operating hours, emergency
contact information, and any other information the City deems necessary and
agreed by the Humane Society.
H. San Gabriel Valley Humane Society maintains comprehensive general liability
and property damage for an amount no less than $1,000 ,000 combined single
limit per occurrence and including the City as additionally insured. San Gabriel
Valley Humane Society will provide certificates of insurance evidencing such
coverage. San Gabriel Valley Humane Society takes exception to providing
complete certified copies.
I. San Gabriel Valley Humane Society maintains Workers' Compensation
coverage as required by the State of California . San Gabriel Valley Humane
Society will provide certificates of insurance evidencing such coverage . San
Gabriel Valley Humane Society takes exception to providing complete
certified copies.
IV. Supplies and Equipment
The San Gabriel Valley Humane Society shall furnish all supplies , equipment,
and vehicles necessary to provide animal control services . Should the City of
Temple City require the Animal Control Officer, who may be assigned to work
solely within the City limits of Temple City, drive the City owned animal control
vehicle , the City of Temple City shall be responsible for all costs related to said
city owned vehicle-gas , maintenance, insurance and upkeep.
V . Terms of Service
A. San Gabriel Valley Humane Society understands that the Service Agreement
to be entered into under this Proposal shall be for an initial period of nine (9)
months beginning October 1, 2012 and ending June 30, 2013.
B. The City of Temple City and the San Gabriel Valley Humane Society may
choose to mutually extend this Service Agreement on an annual basis not to
exceed two (2) years subject to review by the City and the Humane Society.
VI. Cost
The proposal cost for an all-inclusive contract, including an Animal Control
Officer assigned to work solely within the City limits of Temple City will be
$148,000 for the contract period beginning October 1, 2012 and ending June 30 ,
2013.
The proposal cost for an all-inclusive contract, utilizing an on-call Animal Control
Officer who regularly patrols the City of Temple City but is not assigned to work
solely within the City limits of Temple City and responds on an as-needed basis
will be $118,000 for the contract period beginning October 1, 2012 and ending
June 30, 2013.
NECESSARY QUALIFICATIONS :
I. Experience
A. The San Gabriel Valley Humane Society has demonstrated relevant
experience in providing the services described under the proposed scope of
services as a service provider to the City of Temple City under agreement to the
Joint Power Authority for 12 years , through June 30, 2012. San Gabriel Valley
Humane Society cu rrentl y provides anima l care and control services to the City
of Temple City.
B . The City of Temple City is itself a reference for services required to be
provided as the San Gabriel Valley Humane Society has provided animal care
and control services to the City ofT emple City both under agreement to the Joint
Power Authority for 12 years , through June 30 , 2012 and is currently providing
animal care and control services to the City of Temple City.
C. The San Gabriel Valley Humane Society has demonstrated relevant
experience in providing the services described under the proposed scope of
services as a service provider to the City of Temple City under agreement to the
Joint Power Authority for 12 years, through June 30, 2012 . San Gabriel Valley
Humane Society currently provides animal care and control services to the City
of Temple City. The scope of services provided have been in compliance and
contractually agreed between both the JPA, the City of Temple City and the San
Gabriel Valley Humane Society. Previous work was never audited and never
found to be in non-compliance with a funding source.
II . Staff Qualifications
A. The staff of the San Gabriel Valley Humane Society assigned to complete the
scope of services possess all relevant experience necessary to provide the
necessary services as described under the scope of services.
B. All personnel assigned to the work possess appropriate certifications or
registrations as required by state agencies, if any.
C. San Gabriel Valley Humane Society is committed to providing continuing
education in support of the continued provision of professional animal control
services. Animal Control Officers, Medical personnel, Front line staff and kennel
staff attend as needed , appropriate seminars, conferences and training
programs.
Ill. Contact Person
A. The person who will be the "Lead Liaison" and who is authorized to assign the
Humane Society's staff to specific projects or tasks will be Board President and
Acting Director Patrice Brayer. Ms. Brayer shall be relied upon as the City's
primary point of contact pertaining to daily sheltered animal-related matters and
as such, will have a designee in her absence who is also aware of daily
operational matters. The duties of this position shall include:
1. Reviewing shelter practices and procedures to ensure efficient and economical
use of resources.
2. Overseeing the clean ing a nd dis infecting of she lter areas/cages .
3. Maintaining records on animals in the shelter.
4. Responding to r equests f rom City and Los Angeles County Fire and Sheriff
De partment staff.
B. Other staff may be identified as specialists in specific areas or for specific
tasks . These individuals will , within reasonable limitations , be accessible to City
staff during business hours .
C. The City shall be notified in writ ing before a change of personnel occurs by the
contractor. All such personnel changes must be approved by the City. The San
Gabriel Valley Humane Society takes exception to item C. The San Gabriel
Valley Humane Society will only notify the City of Temple City of personnel
changes which directly affect the C ity of Temple City. i.e. Animal Control
Officer assigned to work solely in the City of Temple City if so contracted.
Additionally, personnel are not subject to City approval as California law
provides for at will employment.
IV. Organization and Staffing
A. San Gabriel Valley Humane Society can provide a description of the Lead
Lia ison , other key staff and sub-contractors , if any, and their proposed
relationship with City operati ons . The existing organization and staffing has and
w ill continue to provide the C ity with the quantity and quality of service needed to
meet the City's needs.
B. The San Gabriel Valley Humane Society will provide resumes for the Lead
Liaison and key staff to clearly demonstrate that they possess the adequate skill
level and experience to accomplish the required tasks . A table of organization
indicating the staff h ierarchy and responsibilities as it would pertain to the scope
of work in this document will also be provided .
V. Equipment
A. The following equipment will be used in the city: See V . B . below
B. San Gabriel Valley Humane Society w ill provide its' own readily identifiable
vehicle(s) when on duty w ithin the City limits. Veh icles include the following and
comply with all applicable regulations specifications:
Three (3) completely fitted Animal Control Response Vans-
2003 Chevrolet Express
2004 Chevrolet Express
2006 Chevrolet Express
All vehicles are owned and titles retained by the Humane Society. Proof of title
and insurance will be provided .
C . San Gabriel Valley Humane Society currently utilizes a two-way radio system
as well as mobile phone while on patrol which will enable contact with City staff
as needed. A dedicated business telephone with 24 hour capability insures
contact after SGVHS business hours and on holidays .
D. San Gabriel Valley Humane Society will provide indemnification to the City for
failure to comply with all local , State and Federal rules, regulations and
specifications .
The San Gabriel Valley Humane Society accepts all conditions listed in the
RFP document except as so noted by exception.
However, in the case of any discrepancies between the RFP and a final
Contract as negotiated and signed, contract terms prevail.
CUMUlATIVE EVALUATION SCORE SHEET ATTACHMENT "D"
San Ga briel Valley SCORE Pasadena Human SCORE Q# Ql SCOPE OF SERVICES Humane Society (0 ·3) Society (PHS) (0 ·3) COMMENTS
(SGVHS)
Customer Service COMPLETENESS COMPLETENESS
Provi des pick up and seizure of all a nimal s including exotics,
birds and livestock that are brought in by res i dents on
behalf of the City of Temple City. Th is includes injured,
stray, dangerous or dead wild and domestic animals , and SGVHS-Owner -relinquished companion animal s;
own er-relea ses for adoption or euthanasia. Euthanas ia A 1 A 2 Owner agrees to pay SGVHS for keeping or
shall be accomplished in a m anner approved by Federal or euthanasia
State r egulations, which shall n ot subject such animals to
a ny unnecess ary pain. Contractor shall en sure lhat proper
housing and food are available for all animals accepted.
lA
Contractor shall have animal control officers that are POST
2 8 (Peace Officer Standards Training) certified. A 1 A 3
Establishes a procedure whereby an ima l s may be deliver ed
to the shelter by City staff. The procedure shall include A 3 A 1
PHS -prefers to pick up animals confined by City
flexibility i n drop off t i mes for animals by City or los Angeles Staff
3C County Sherif f Department sta ff.
Offers unlimited se rvices and answers informational calls
abou t animal s directly from the residen ts which sha ll
include, but n ot be limited to conducting humane A 2 A 1 PHS -flat rate for all services (doe s not specify
investigations and knowled ge of the filing of criminal ava ilability for resident inquiries)
complaints both, felony and misdemeanor, with the City
40 Prosecuto r and/or Dist rict Attorney's Office.
Provides 24 hour emergency respo nse, assistance to City A 2 A 2
5 E
staff, police, fire d epartments, and disaster respon se .
Patrols the City o n a continuous basis to ensure visibility of A 1 A 1 SGVHS -higher rate for continious patrol vs . on-ca ll;
6F p resence in the communi ty. PHS -patrol ba sed on Ci ty's needs
Provides issuan ce of citations for violations of the Temple A 2 A 2 7G City Municipal Code.
Detailed description of proper reporting procedures and PHS -Monthly r eports -from impound through how reports w ill be filed with the City of Temple City and A 2 A 3
the los Angeles County Sheriff's Department. outcome (Chameleon software)
8H
Detailed description of how the an i mal control officer will PHS-If immediate threat animal control officers
advise owners of nuisance animals (per adopted an i mal A 1 A 3 will impound the animal . Not immediate threat w ill !
9 I contro l regu lations, TCMC). work with resident -if unwilling wi111 issue a citation I
Detai led desc riptio n of the procedures used w hen an animal PHS-if anima l is impounded w ith no i dentification I has been picked up and can be id entified by means of a A 2 A 3 an owner is required to bring in Proof of Ownership , license and when a stray animal is unlicensed and
10 J ownership cannot be identified. (e.g. vet records, photos, bill of sa l e, etc.) I
A= Ag re es E= Exce ption SCORE-0 =Services in adequate; 1 =Standard State and Feder al legal practices; 2 =meets RFP expectations; 3 =Exceed s RF P expectations
CUMULATIVE EVAlUATION SCORE SHEET ATTACHMENT "0"
San Gabriel Valley SCORE Pasadena Human SCORE Qll Ql SCOPE OF SERVICES Humane Society (0 -3) Society (PHS) (0 -3) COMMENTS
(SGVHS)
SGVHS • Providing care for 88 year s;PHS -Member
Exhibits a thorough knowledge of an imal welfare st atutes, o f Stat e Humane Association, the CVMA, the
local, State an d Federal animal laws, and p olicies regard ing A 2 A 3 Society of National Federatio n of H umane Societies.
animals including Federal and State imp oundmen t, dise ase Provides co ntiunous t raining to staff and works
con t rol and vaccination regul ations. closely w it h County and Pasadena health
llK departments
SGVHS -All animals held in exce ss of the mi nimum
Makes all rea sona ble attempts to reunite an imals with period specified shall become the r esponsibility of
Sa n Ga briel Vall ey Humane Society an d Temp le City
owners b efore eu thanasia o r adoption including accessing shall have no further r espons ibility fo r animal. Ha s cu rre nt licensi ng records, using contact information on not eu thanized an ad p ota ble an im al in 3 years ;PHS
owner provided tags worn by the animal an d scanning all A 1 A 3 Re searches all avenues of identification (e.g. animals to detect implanted microchips. Propo sal must microch ip, id tag s, and rab ies l icenses) -Someti mes
provid e detailed description of procedures used for euthanize for sp ace . Prior t o euthanasia, for any unclaimed animals. r eason other that i rremedia l suffering, a panel of
emplyee s review each animal and discuss options
12 l
Shelter, Kennel and Field Services
The best possib le care and t reatment shall b e given to all
anim als held i n possession of the contractor. Adequate food
shall be provided and the sh elter shall not be
o verpopul ated. Contractor should have veterinary services A 2 A 2
available during normal business h ours. Pet owners o f
impounded animals would rema in responsible for all
13 A routine/emerge ncy veterinary care costs .
The shelter shall p rovide means for the isolation, not
p ermitting the public to have access or visit s, of animals
with Po lice holds, quarantines, or pets held in protective SGVHS • Event that there is no owner o r the owner
custody that will not expose other sheltered an ima ls to r isk. doe s no t pa y the fees, City is resp onsi ble for
Proposal must acknowledge that, in the event that an
A 1 A 2 payment of such fees and all cost s incurred as a
an imal is impounded and boarded by the City heal t h officer resu lt of the pol ice or court order, or pla cement
(or designee), police, o r a court order, or p laced u nd er
qua rantine by a r uling of the State Board of Health, it is the unde r quaran ti ne b y the City heal th officer.
proposer's responsibility to board said anima l as requir ed
14 B by order or ruling.
A= Agrees E= Exception SCORE-0 =Services in adeq ua te; 1 =Standard State and Fed eral legal practices; 2 =meets RFP expectatio ns; 3 = Exceeds RF P expectations
CUMULATIVE EVALUATION SCORE SHEET ATTACHMENT "D"
San Gabriel Valley
SCORE Pasadena Human SCORE Q# Ql SCOPE OF SERVICES Humane Society (0 -3) Society (PHS) (0 -3) COMMENTS
JSGVHS}.
The sh elter shall h ave an adequate number of dog kennels
and cat c age s, isol ation facilities for quarantin ed animals,
an i mals being held for investigation, and access t o l arge
anim a l housing. The animal shelter shall b e maintained i n a
clean and sanitary condition. The kenn el shall comply with
A 2 A 2
PHS -has M OUs w ith other agenci es and faciliti es to
the standards set forth in the Humane Society's Uniform house large a nimal s
Standards Gu ideli nes (HSUS) for the operation of the animal
sh elter. City staff reserves the right to enter and inspect the
premises during regular business hours for the purpose of
inspecting th e fa cllities for the condition s mentioned above.
15 c
Provides daily cl ea n i ng and recogn ized sa nit atio n o f ali
shelter and ke nn el areas, food an d water bo w ls, h allways A 2 A 2
I
and equipment; collecti on and proper disposal o f animal
16 0
refuse, manure or other animal waste.
Provides licen sing services with a fully modern and
SGV HS -Cost of speci fic forms o r mate r ials wi ll be autom ated licensi ng system that automatically generates A 1 A 2
17 E l icense and anti-rabies renewal forms. b o rne b y the City
Contractor shall be r esponsi ble for m a ki ng every reasonable
effort to prepare and present animals for adoption by t he
publi c and to f acilitate the same. All adoptable ani mals are SGVHS -6 day s/ w eek; 45 hours/ w eek; boar di ng to be p laced f o r adoption once the holding period has
A 2 A 2 p r ov ided by Templ e City A n imal Hos pi tal I; PHS-7
expire d for the animal's owner to claim. Contractor shall days/ week; 41 hou r s/ week maintain broad adoption, boarding, and kennel hours, open
to the public a minimum of five (5) days and thirty-six (36)
18 F hours per week.
Contractor s hall al ways maintain staffing during normal
business ho urs to i nclud e: front line staff, v ete rinary staff, A 2 A 2
19 G licensing Canvassers, and Animal Control Officers.
SGVHS-Buddy System and Se nior to Senior
adop tio n program; Behav ior Consu l tati on an d
Behavior Tra ini ng; weekly a ffordable Vacci nati on
clinics and Spay/ Neuter Cli nec s for o wned pets ;
Maintains programs suc h as Adoption Counseling, Be havior
Los t and Fou nd; Huma ne educa tion p rograms
geared to K·12; Community Service Fu llmen t
consultation, lost and Found, and has an in-place humane A 3 A 2 program ; Volu nte e r program; Communi ty ou tr each
education program geared to grades K -12. (i .e. SG V HS member of Temple City Cha mbe r of
Co m merce and Ro tary Cl u b s); PHS · Ado ption
coun seling; beh avior asse ss ment ; consul tati on a nd
classes; lost and found services; Hu m an e
20 H
Ed u ca r t i on
A = Agree s E= Exception SCORE -0 =Services in adequate; 1 =Standar d State and Fed eral legal practices; 2 = m eets RFP exp ecta tions; 3 = Exc eeds RF P expec tations
CUMULATIVE EVAlUATION SCORE SHEET ATIACHMENT "D"
San Gabriel Valley SCORE Pasa dena Human SCORE Q# Ql SCOPE OF SERVICES Humane Society {0 ·3) Society (PHS) (0 ·3) COMMENTS
(SGVHS)
Has low cost spay/neuter programs an d low cost A 2 A 2 211 Spay/N euter hospital available for residents.
22 J Has l ow cost vaccine and micro-chipping clinics . A 2 A 2
Has emergen cy veterinary care included in the lump su m A 2 A 2 23 K proposal.
Provides animal bite, cr uelty, neglect, and barking dog
complaints invest igations pursuant to City noise and animal A 2 A 2
24 l control regulations.
Has animal cont rol sta ff patrolling the Ci ty at a minimum of
forty (40) hours a week (hour s to be designated by City and SGVHS-adjusted by mutal agreement; PHS-offers are subject to cha nge without notice dependent on
A 0 A 3 animal control services and patrolling as needed
community needs) and is abl e to maintain constan t contact
with Ci t y sta ff in order t o be dispatched (i.e ., two-way radio, with no ceiling
25M mobile phone, etc.).
Dur in g regu lar bu siness hours, contract or sha ll accept calls
for service (as specified in proposal) from residen ts.
Con tractor sha ll al so provide ca lls for service fr o m City staff, A 2 A 2
and los Angeles Coun ty Fire an d Sheriff Departments o n a
26 N 24/7 bas is.
M anageme nt and Finance
Maintains accu rate autom ated recor ds of all act ivi ties and
A 2 business transactions. A 2 27 A
Collects all f ees due to the City (Exa mples: license fees,
spay/neuter fines, subsequent impoun d fees, etc.), issues A 1 A 2
SGVHS -spay/neuter fines, imp ound fees, etc.; w ill
rece ipts for payment, provides t he City cop ies of receipts for not provide cop ies t wice weekly
p aym en t, remits monies due to the City (twice weekly, d ays
28 B t o b e d etermined by City).
Keeps comprehen sive record s at t he p remises for a period A 2 A 3 PHS-keeps records for 7 years
29 c of n ot less than three (3) years.
Ci ty shall con d uct an annual audit of services at t h e end of
the f irst te rm of t he con tract (Ju ne 2013) and o n a yearl y
basis (in Ju ne) to ensur e p roper docu men ta tion of activities A 2 A 3
PHS-Financial Audi ts are annually by outsi de
includ ing, but not l imited to: animal intakes; resp onse to agency at the expense of PHS.
com plain ts; adoption and disposal of animals; collection of
fees; veterinary care; continuing educati on records; and any
30 0 other actjvities tbe_ City deems necessary to be audited,
---------
A = Ag rees E= Exception SCORE-0 =Servi ces in adequate; 1 =Standar d State an d Federal legal pr actices; 2 =meets RFP expectations; 3 = Exceeds RFP expectations
CUMULATIVE EVALUATION SCORE SHEET ATTACHMENT "D"
san Gabriel Valley SCORE Pas.dena Human SCORE Qll QL SCOPE OF SERVICES Hum;ane Society (0-3} Society (PHS) (0-3) COMMENTS
(SGVHS)
Provides a monthly op era tions report, itemizing the number
and types of animals impounded, number and types of
an i mals claimed, num ber of an y other animals processed
and t hei r disposition, the type of animal and
loca tion/address of each action including acceptance,
sheltering, specia l handling, ado ption, emergency
veterinary care, quarantine, disease control, euthanasia,
and disposa l of each animal. Con tra ctor sh all be requi re d to
A 2 A 2 develop its own computer-generated record-keeping
procedure and maintain records of all animals it handles in
the performance of th e con tract and fees collected that are
payable to the City. These records and reports sh all be
made read ily availab le to City staff and/or independent
auditors procured by the City to ensure the proper
maintenance of records and disposition of City fees
collected by the contr actor. City staff and/or indep endent
auditors shall have access to any com put er software used t o
31 E m aintain Temple City animal impound records.
The following is a comprehensive list of th e desired
A 2 A 2 32 information to be contained in said monthly report.
Descr iption of the animal, including its breed, color, size,
A 2 A 2 33 1 sex, disposition.
Who brought in the animal (name and address of resident
or anim al control officer), date ani mal was brought in, A 2 A 2
34 2 where and how the animal was obtained.
35 3 Th e animal 's owner . A 2 A 2
SGVHS-EXCE PTION any and all an imals impounded
E 0 A 2 from the City of Temple Ci ty become the sole
property of the SGVHS after the designated minimu
36 4 Duration of stay. hold period specifieid b y sta te law has been met.
SGVHS-EXCEP TION any and all an imals impounded
E 0 A 2 fro m the City of Temple City become the sole
When the animal was r edeemed, who redeem ed the property of the SGVHS after the designated minimu
37 S ani mal. hold period specifieid by state l aw has been met.
SGVHS -EXCEPTION any and all anima ls impounded
E 0 A 2 from the City of Temple Ci ty become the sole
p roperty of the SGVHS after the designated min imu
38 6 When the anim al was adopted, who adopted the animal. hold period specifieid by state law has been met.
----
A = Agrees E= Exception SCO RE -0 =Services in adequ ate; 1 =Standard State and Federal legal prac tices ; 2 =meets RF P expectatio ns; 3 = Exceed s RFP expectations
CUMULATIVE EVALUATION SCORE SHEET ATTACHMENT "D"
San Gabriel Valley SCORE Pasadene Human SCORE Qll QL SCOPE OF SERVICES Humane Society
(0·3) Society (PHS) (0·3)
COMMENTS
(SGVHS)
SGVHS • EXCEPTION any and all animals impounded
E 0 A 2 from the City of Temple City become the sole
property of the SGVHS after the designated minimu
39 7 Name and address of new owner. hold period specifieid by state law has been met.
40 8 When the animal was euthanized. A 2 A 2
41 9 Disposition of all complaints regarding animals. A 2 A 2
All dangerous or potentially dangerous animals and dog-bite
A 2 A 2 42 10 In cidents.
43 11 All citations i ssued and their final disposition. A 2 A 2
44 12 Fees collected. A 2 A 2
Records of licenses sold w i th names, addresses and license
A 2 A 2 45 13 numbers.
Proposal must provide a detailed description of a daily log
sheet of the animal control officer's (assigned to work solely
within the City limits ofTemple City) field activities including A 2 A 2 information to be identified by City staff that will ensure
adequate verification of services. City shall have the right to
issue its own developed daily log sheet to be used by
46 F contractor.
Maintains an updated website to provide residents w i th
information pertaining to City animal control regulations
PHS · uses website and social media for ou treach. and fees, adoption procedures, calendar of events (i.e., A 2 A 3 All impou nded animals by PHS will be on website spay/neuter clinics, adoption events, etc.), operating hours,
emergency contact information, and any other information
47 G the City deems necessary.
Maintains, at the service provider's expense,
com prehensive general liability and property damage for an
amount no less than $1,000,000 combined si ngle limit per E 0 A 2 SGVHS -exception t o provide comp lete certfied
occurrence and including the City as additionally insu red copies
and provides the City with an insurance certificate from its
48H insurance provider. I
Maintains, at the service provider's expense, Workers'
I
Compensation coverage as required by the State of
E A SGVHS -exception to provide complete certfied
Calif ornia and provi des the City w i th an insurance certificate 0 2 copies !
49 I from its insurance provider.
Supplies and Equipment
SGVHS ·Temple City p rovides the gas,
Th e contractor shall furnish all supplies, equipment, and A 1 A 3 maintenance, insurance, and upkeep of car, if city
ve hicles necessary to provide animal control services. animal con trol vehicle is used; PH S -provides and
50 maintains all tools and materials as needed
Terms of Service L. -·-
A = Agree s E= Exception SCORE · 0 =Services in adequate; 1 =Standard State and Federal legal practices; 2 =meets RFP expectations; 3 =Exceeds RFP expectations
CUMULATIVE EVALUATION SCORE SHEET ATTACHMENT "0"
San Gabriel Valley
SCORE Pasadena Human SCORE I
Qll Ql SCOPE OF SERVICES Humane Society (0-3) Society (PHS) (0-3) COMMENTS
i (SGVHS)
The Service Agreement to be entered into under this PHS prefers a 22 month contract if licen sing is !
A 2 A 1 Proposal shall be for an initial period of ten (10) months included
i 51 A beginning October 1, 2012 and ending June 30, 2013.
The City of Temple City may choose to extend this Service
I Agreement on an annual basis not to exceed two (2) years A 2 A 2
52 8 subject to review by the City. I
Cost
The proposa l must express the all-inclusive costs for
A 1 A 3 SGVHS • $197, 333; PHS· $170,126
53 services to the City on a lump su m basis (ANNUAL COST)
~ SGVHS • $148,000 (9 MONTHS, continous patrol) or
Duration of the Contract A 2 A 1 118,000 (9 Months, on-call); PHS · $127,594 (9
MONTHS. Preferres 22 month contract; will not
54 licen se if contrac t is shorter)
NECESSARY QUALIFICATIONS
E~perience
The selected contractor must have demonstrated relevant
experience in providing the services desc ribed under the A 2 A 2
55 A proposed sc ope of services .
Substantiation must be provided regarding the nature of
PHS · (7) Pasadena, Glendale Arcadia, So uth services provided to client cities or agencies . A
comprehensive list of references of cities served must be A 0 A 3 Pasadena, La Canada· Flintridge, San Marino, Sierra
56 8 provided. Madre
Cite examples of qualifying projects with dates, contact
persons, and scope of work performed. The submittal shall
clearly state the number and type of programs or services
performed. If any previous work was audited and found to A 2 A 2
be in non-compliance with a funding source, this must be
57 c. cited.
Staff Qualifications
Contractor staff assigned to complete the sc ope of services
A 2 A 2 must have relevant experience in providing the necessary
58 A services as described under the scope of se rvices.
All personnel assigned to the work must possess
appropriate certifications or registrations as required by A 2 A 2
59 B state agencies, if any.
Contractor shall provide a detailed description of efforts
constituting a demonstrated commitment towards A 2 A 2
continuing education in support of the continued provision
60C of professional animal control services.
Contact Person
SGVHS -Board President and Acting Director
lead liason A 2 A 2 (Patrice Brayer); PHS-Senior Vice President of the
61 A PHS (Elizabeth Richer Campo) --
A = Agrees E= Exception SCORE -0: Services in adequate; 1 =Standard State and Federal legal practices; 2 =meets RFP expectations; 3 =Exceed s RFP expectations
CUMULATIVE EVALUATION SCORE SHEET
Q# Ql
~8
63 c
64 A
65 B
668
67 c
SCOPE OF SERVICES
Other Staff or sub-contractors
The City sha ll be notified in writing before a change of
p er sonnel occur s by the contractor. All such personn el
changes must be approved by t he City
Organizaton and Staffing
Lead Liason -resumes
Key staff -res u mes
Eq uipment
Vehicle
compatability for co m munications
SCORE -0 =Services In adequate; 1 =Standard State and
Federal legal practices; 2 =me ets RFP ex pectat ions; 3 =
Exceeds RFP expe ct at ions
"A = Agrees; E= Excepti on
Comments for areas need more des cr iption
San Gabriel Valley SCORE
Humane Society (0 ·3) (SGVHS)
A 1
E 0
A 0
A 0
A 2
A 3
TOTA L SCORE 104
AVERAG E SCORE 1.5522
COMPLETE NESS 89.55%
ATTACHMENT "D"
Pasadena Human SCORE
Society (PHS) (0·3) COMMENTS
SGVHS -specialists in specific areas; PHS -I
A 2 Lieutenant of Fie l d Services Department (Nemesio
Arteaga)
SGVHS-w ill only notify the Ci ty ofTemple City of
A 2 personnel changes which directly affect the City
PHS-Seni or VP PHS -7 years progressive managing
experience and Ce rtif ied Animal Welfare
A 3 Administrator; Li eutenant of Field Services
Department -Police Academy Gr ad +15yr
experience
A 3 PHS-(12) POST Certified, 3 State Hu m ane Officers,
Con t roller (15 yr experience)
SGVHS-(3) fitted vans : 2003, 2004, and 2006
A 3 Chevrol et Express Va ns; PHS-(7) f itted vehicles:
2005, 2006, (3) 2008, 2010, 2011 Ford F250
SGVHS -Two-way radio system, mobile phone, and
A 1 dedicated business telephone for after hours and
holidays
144
2 .1493
COMPLETENESS 100%
A= Agrees E= Exception SCORE -0 =Services i n adequate; 1 ; Sta ndard State and Federal legal pract ices; 2 =meets RFP expectations; 3 =Exceeds RFP expectations
ATTACHMENT "E"
Survey Question San Gabriel Valley Humane Society {SGVHS)
On a scale (from 0-3) how would you rate the level of
service and responsiveness provided by the Animal 0
Control Service provider to the community?
On a scale (from 0-3) how would you rate the level of
service and responsiveness provided by the Animal 1
Control Service provider to City staff?
On a scale (from 0-3) how would you rate the level of
customer service provided to staff by Animal Control 0
Service provider
On a scale (from 0-3} how would you rate the reporting
procedure of the Animal Control service provider to the 0
City?
Based on your overall experience, would you Currently, No . Transit ion to LA County, and very
happy cost wise,morithly bill is SO % les s, constant recommend the Animal Control Services provided by communication with County representative, {insert contractor name)? emails, constant open communication.
City of Monterey Park
Survey Question San Gabriel Valley Humane Society (SGVHS)
On a scale (from 0-3) how would you rate t he level of
se rvice and responsiveness provided by the Animal 2
Control Service provider to the community?
On a scale (from 0-3) how would you rate the level of
service and responsiveness provided by the Animal 2
Control Servic e provider to City staff?
On a scale (from 0-3) h ow would you rate the level of
cus tomer service provided to staff by Animal Control 2
Service provider
On a scale (from 0 -3 ) how would you rate the reporting
procedure of the Animal Control service provider to the 1
City?
Based on your overall experience, would you under evaluation -our Council voted for a 22
recommend the Animal Control Services provided by month agreement, was on a month to month
{insert contractor name}? b as is last month.
City of San Gabriel
Survey Question Pasadena Humane Society (PHS)
On a scale (from 0-3) how would you rate the level of 3 service and responsiveness provided by the Animal
Control Service provider to the community?
On a scale (from 0-3) how would you rate the level of
3 service and responsiveness provided by the Animal
Control Service provider to City staff?
On a scale (from 0-3) how would you rate the level of
customer service provided to staff by Animal Control 3
Service provider
On a scale (from 0-3) how would you rate the reporting
procedure of the Animal Control service provider to the 2
City?
Based on your overall experience, would you
Yes . Quick response, very friendly with people, recommend the Animal Control Services provided by
{insert contractor name}? take care of issues
City of South Pasadena
Survey Question Pasadena Humane Society (PHS)
On a scale (f rom 0 -3) how would you rate the level of
3 serv ice and re spon si vene ss provi d ed by the Animal
Control Servi ce p r ov ider to the community?
On a scale (from 0-3) how would you rate the level of
3 service and responsiveness provided by the Animal
Control Service provider to City staff?
On a scale (from 0-3) how would you rate the level of
customer service provided to staff by Animal Control 2
Service provide r
On a scale (from 0 -3) how would you r ate the reporting
procedure of the Animal Control service provider to the 2
City?
Based on your overall experience, would you
r ecommend the Animal Control Services provided by Yes .
{i nsert contractor name}?
City of Sierra Madre
ATTACHMENT "F"
AGREEMENT FOR
Animal Care, Control and Sheltering Services
Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
Pasadena Humane Society
Dated
October 1, 2012
AGREEMENT FOR
SERVICES
This Agreement for Services ("Agreement") is entered into as of
the date referenced on the cover page ("Effective Date") between the CITY OF TEMPLE CITY ,
a charter law city and municipal corporation ("City") and the CONTRACTOR designated on the
cover ("Contractor") (collectively the "Parties"). In consideration of the mutual promises and
covenants made by the parties and contained here and other consideration, the value and
adequacy of which are hereby acknowledged, the pat1ies agree as follows:
SECTION 1. SCOPE OF SERVICES
1.1 Contractor Services. Subject to the tem1s and conditions of this Agreement,
Contractor agrees to perform for City those services specified in
the Scope of Services attached hereto and incorporated herein by reference as Exhibit "A"
["Services"]. Contractor agrees to furnish , for the compensation provided for herein, all labor,
materials, tools, equipment, services, and incidental and customary work necessary to fully and
adequately perform and complete the Services. Contractor agrees to perfom1 the Services in
accordance with all applicable local, state and federal laws, rules and regulations and in
accordance with apphcable standards, specifications, and general conditions adopted by City.
Contractor agrees that all work must be of good and workmanlike quality atld shall be subject to
inspection and approval by City. Contractor agrees to work closely with City staff in the
performance of Services and shall be available to City's staff, consultants and other staff at all
reasonable times.
1.2 Extra Work. Contractor shall not be compensated for any work or services
rendered in connection with its perfmmance of this Agreement which are in addition to or
outside of those set forth in the Scope of Services ("Extra Work") except as expressly provided
for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra
Work to be perfonned by Contractor is approved by City in writing in advance of Contractor's
commencement of such work. City shall not be obligated to pay for or otherwise be liable for
unauthorized Extra Work performed by Contractor.
1.3 Schedule of Performance & Term. Contractor agrees to diligently perform and
complete the Services in accordance with the Schedule of Performance attached hereto and
incorporated herein by reference as Exhibit "B" ["Schedule of Performance"]. Modifications of
the Schedule of Performance must be agreed upon in writing in advance by the authorized
representative of the parties. The term of this Agreement shall be for one (1) year from and after
the effective date, unless expressly provided to the contrary in the Scope of Services, and subject
to early tennination as provided for in Section 1 1 [Termination] of this Agreement. The tem1
may be extended by the mutually agreement of the parties memorialized in writing. City
authorizes its City Manager, or his/her designee, to agree to reasonabl e modifications of the
Schedule of Performance and to extensions of the Term, provided such modifications and
extension do not require additional compensation exceeding the City Manager 's authority under
City's purchasing ordinance.
LA #4R22 -462 3-2 5R I v I
1.4 General Warranty. Contractor warrants all Services under this Agreement
(which for purposes of thi s Section shall be deemed to include unauthorized work which has not
been removed and any non-confonning materials incorporated into the Services) to be of good
quality and free from any defectiv e or faulty material and workmanship. All wananties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of
City , regardless of whether or not such wananties and guarantees have been transferred or
as signed to City by separate agreement and Contractor agrees to enforce such warranties and
guarantees, if necessary, on behalf of City.
1.5 Repair of Defects . Contractor agrees that for a period of one (1) year from and
after final acceptance of the Services, or in any guarantee or warranty p rov ided by any
manufacturer or supplier of equipment or matetials incorporated into the Work, whichever is
later, Contractor shall within ten ( 1 0) Days after being notified in writing by City of any defect in
the Services or non-conformance of the Services, commence and prosecute with due diligence all
work and services necessary to fulfill the tenns of the warranty at his sole cost and expense. In
addition , Contractor shall , at its sole co st and expense, repair and replace any portions of the
work, facilities , fixtures, or materials damaged by its defective work services or which becomes
damaged in the course of repairing or replacing defective work or services. For any work so
corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected work .
Contractor shall perfonn such tests as City may require to verify that any corrective actions are
adequate to remedy the defective condition . In the event that Contractor fails to perform its
obligations under this Section to the reasonable satisfaction of City, then City shall have the right
to correct and replace any defective, non -conforming, or damaged work or services at
Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses
incurred hereunder upon demand.
1.6 Contractor's Representative. Contractor hereby designates the representative
named in Exhibit "D" ["Representatives"], or his or her designee, to act as its representative for
the performance of this Agreement ("Contractor's Representative"). Contractor's Representative
shall have full authority to r epresent and act on behalf of the Contractor for all purposes under
this Agreement. Contractor's Representative shall supervise and direct the Services, using his or
her best skill and attention , and shall be responsible for all means, methods, techniques ,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
SECTION2. COMPENSATION AND METHOD OF PAYMENT
2 .1 Compensation. City shall pay to Contractor for non-disputed Services rendered
the compensation set forth in Exhibit "C" [Compensation] attached hereto and incorporated
herein by reference. Total compensation shall not exceed the total price or "not to exceed"
amount set forth in Exhibit "C" without the prior written approval of City. City authorizes its
City Manager, or his/her designee, to approve additional compensation for Extra Work as may be
approved under Section I above, provided such additional compensation, in the aggregate, does
not exceed the City Manager's authority under City's purchasing ordinance.
LA #4R22-4 623 -25RJ v i 2
2 .2 Payment of Compensation. Contractor shall submit periodic (monthly or
quarterly as specified by City in Exhibit "C") invoices together with an itemi zed statement of
Services provided. The statement shall describe the Services provided, the percent of work
complete by item, together with such other reasonable detail and supporting documentation as
may be required by the City Manager, or his/her designee . City will review the statement and
pay, with the exception of any charges for work perfom1ed or expenses incurred by Contractor
which are disputed by City, within 30 days of receiving such statement, all approved charges
thereon. Payment to Contractor for work performed pursuant to thi s Agreement shall not be
deemed to waive any defect in work perfom1ed by Contractor.
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor. Contractor
agrees that all Services shall be performed by Contractor or under its supervision . The personnel
perfom1ing the services under this Agreement on behalf of Contractor shall at all times be under
the Contractor 's exclusive direction and control. Contractor will determine the means, methods
and details of perfonning the Services subject to the requirement of this Agreement. Contractor
is and shall at all times remain a wholly independent contractor and not an officer, employee or
agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Neither Contractor, nor any of Contractor 's officers,
employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which
may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor
may have to any such rights .
3.2 Standard of Care & Licenses . Contractor agrees that all Services shall be
performed in a skillful and competent maimer, consistent with the standards generally recognized
as being employed by professionals in the same discipline in the State of California. Contractor
represents and warrants that it, its employees and subcontractors shall have sufficient skill and
experience to perfmm the Services and that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perfonn the
Services, including a City Business License, and that such licenses and approvals shall be
maintained in good standing throughout the term of this Agreement.
3 .3 Required Corrections. As provided for in the indemnification provisi ons of this
Agreement, Contractor shall perfom1, at its own cost and expense and without reimbursement
from the City, any services necessary to correct errors or omissions which are caused by the
Contractor's failure to comply with the standard of care provided for herein.
3.4 Law and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws , rules and regulations in any manner affecting
the perfmmance of the Services, including all Cal /OSHA requirements, and shall give all notices
required by law. Contractor shall be liable for all violations of such laws and regulations in
connection with Services.
LA #4R22 -4 62 3-25R l vi 3
3 .5 Safety. Contractor shall perform the Services, and maintain its work area, so as
to avoid injury or damage to any person or prope11y and shall othenvise exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the conditions
under which the work is to be performed.
3.6 Labor Code and Prevailing Wage Requirements .
3.6.1 Apprenticeable Crafts. To the extent applicable, Contractor shall comply
with the provisions of Section 1777.5 of the Labor Code with respect to the employment of
properly registered apprentices upon public works.
3.6.2 Hours of Work. Contractor shall comply with the legal days work and
overtime requirements of Section 1813 Labor Code.
3.6.3 Payroll Records. In accordance with the requirements of Labor Code
Section 1776, Contractor shall keep accurate payroll records which are either on forms provided
by the Division of Labor Standards Enforcement or which contain the same information required
by such forms. Contractor shall make all such records available for inspection at all reasonable
hours.
3.6.4 Prevailing Wage Laws . Contractor represents and warrants that it is aware
of the requirements of California Labor Code Section 1720, et ~., and 1770, et ~ .• as well as
California Code of Regulations, Title 8, Section 1600, et ~.,("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the perforn1ance of other requirements on
"Public Works" and "Maintenance" projects . If the Services are being performed as part of an
applicable "Public Works" or "Maintenance" project, as defined by the Prevailing Wage Laws ,
and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rate s of per
diem wages in effect at the commencement of this Agreement. Contractor shall make copies of
the prevailing rates of per diem wages for each craft, classification or type of worker needed to
execute the Services available to interested parties upon request, and shall post copies at the
Contractor's principal place of business and at the project site. Notwithstanding the foregoing ,
the parties agree that because CITY is a Charter City, and the Services provided are local in
nature and of municipal concern, Sections 1720 , et seq., and 1770, et seq., shall not apply.
3.7 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,
sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to , all
activities related to initial employment, upgrading, demotion , transfer, recruitment or recruitment
advertising, layoff or termination.
3.8 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all
of the provisions ofthe Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et ~ .• as
amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
LA #4822-4623-258 1 v i 4
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence, active negligence, gross negligence
or willful mi sconduct of the Agency or City, Contractor expressly agrees to , and shall ,
indemnify, defend, release, and hold the Agency, the City, and their respective officials, officers,
employees, agents, and contractors harn1les s from and against any Action, liability, lo ss, damage,
entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way
related to , any act or omission of Contractor, or it s officers, directors, employees , agents , or
contractors, connected with the perfmmance under this Agreement, notwithstanding that the
Agency and/or City may have benefited therefrom, or any challenge to this Agreement. This
Section shall apply to an y acts or omissions, willful misconduct or negligent conduct, whether
active or passive, on the part of Contractor's officers, directors, employees, agents and
contractors, including but not limited to acts or omissions in any way related to, the release,
treatment, use, generation, transportation, storage , or disposal in, on, under, to, or from the
location at which work under this Agreement is perfmmed of any Hazardous Substances by
Contractor or its officers, directors, employees, agents, and subcontractors. The Parties
expressly agree that any payment, or Costs and Expenses the City incurs or makes to , or on
behalf of, an injured employee under the City 's self administered workers ' compensation , is
included as a Joss or Costs and Expenses for the purpose of this Section . The City shall not be
responsible for any acts , errors or omissions of any person or entity except the City and their
respective officers, agents, servants, employees or contractors. The Parties expressly agree that
the obligations of Contractor under this Section shall survive the expiration or early tern1ination
of the Agreement.
4.2 Action . For purposes of this Agreement, "Action" shall mean any suit (whether
legal , equitable, or declaratory in nature), proceeding or hearing (whether administrative or
judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or
other alternative dispute resolution process, and the filing, recording, or service of any process,
notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to
commencement of the Action.
4 .3 Costs and Expenses. For purposes of this Agreement, "Costs and Expenses"
shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily
incurred by a party in goo d faith in the investigation, prosecution or defense of an Action,
including, but not limited to , court costs, filing, recording, and service fees, copying costs,
exhibit production costs, special media rental costs , attorneys fees, consultant fees, fees for
investigators, witness fees (both lay and expert), travel expenses, depo sition and transcript costs,
and any other costs or expenses, the award of which a court of competent jurisdiction may
determine to be just and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, "Hazardous
Sub stances" shall mean any and all of the following:
a. any substance, product, waste or other material of any nature
whatsoever which is or b ecomes listed, regulated, or for which liability arises for misuse,
pursuant to the Comprehensive Environmental Response Compensation and Liability Act
("CERCLA"), 42 U.S.C. §9601 , et seq.; the Hazardous Materials Transportation Act, 49 U.S .C .
LA #4822-4623-258 1 v i 5
§ I80 I , et s eq.; the Resource Co nservation and Recovery Act ("RCRA"), 42 U.S.C. §690 I, et
seq.; the Toxic Substances Control Act, IS U.S.C.S. §260I, et seq.; the Clean Water Act, 33
U .S .C. §125 1, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136 , et seq.; the
Superfund A mendments and Reauthorization Act , 42 U.S.C. §6901 , et seq.; the Clean Air Act ,
42 U.S.C. §7401 , et seq.; th e Safe Drinking Water A ct, 4 2 U.S .C . §3 00f, e t seq .; the Solid Waste
Di sp osal Act , 4 2 U .S.C. §6901 , et seq.; th e Surface Mining Control and Reclamation Act, 30
U.S.C. §1201 , et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C.
§11001 , e t seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657 ; the
Hazardous Waste Control Act, Califomia Health and Safety Code ("H.&S.C.") §25100, et seq.;
the Hazardou s Substance Account Act, H.&S .C.§25330 , et seq .; the California Safe Drinking
Water and T oxic Enforcement Act, H.&S .C. §25249.5, et seq.; the Underground Storage of
Hazardous Subs tances , H .&S .C. §25 280 , et seq.; the Carpenter-Presley-Tanner Hazardou s
Subs tance Account Act, H .&S .C. §2 5300, et seq.; the Haz ardou s Wa ste Management Act,
H .&S .C . §25170.1, et seq.; the Hazardous Materia ls Response Plan s and Inventory, H.&S.C.
§25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Co de § 13000, et seq., all
as they may from time to time be amended; and
b. any substance, product, waste or other material of any n ature
whatsoev er which is or becomes li sted , regulated , or for which li ability for mi su se arises
pursuant to any other federal , state or local statute, law, ordinance, resolut ion, code, rule,
regulation , order or decree due to its hazardous, toxic or dangerou s nature .
SECTION 5. RECORDS AND DOCUMENTS
5.1 Accounting Records .
5.1 .1 Maintenance and In spection . Contractor sha ll maintain comp lete and
accurat e records wi th respect to all costs and expenses incurred und er this Agreement. Any and
all such documents or records shall be maintained in accordance with generally accept ed
accountin g principles and shall be sufficiently complete and detailed so as to permit an accurate
evaluation of the services provi ded by Contractor pursuant to thi s A greement. All su ch records
shall be clearly identifiab le.
5.1.2 Inspection and Copying. Contractor shall allow a representative of Cit y
dming normal business hours to examine, audit , and make transcripts or copies of such records
and any other documents created pursuant to this Agreement. Contractor shall allow inspection
of all work, d at a, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement. At no cost to City,
Contractor shall provide copies of such docum ent s or reco rds directly to the City for inspection,
audit and copying when it is practical to do so; otherwise, unless an altemativ e is mutually
agreed upon, such document s and record s shall be made available at Contractor's address
indicated for receipt of notices in this Agreement.
5.2 Ownership of Documents . All original maps, models , des igns, drawings,
photographs, studie s, surve ys, reports, data, notes , computer files, file s and other do cument s
prepared, developed or di scovered by Contractor in the course of providing any services pursuant
to th e Agreement sha ll become th e sole property of City and may be used , reused or otherwise
LA #4822-4623-258 1 v i 6
disposed of the City without the pem1ission of the Contractor. Upon completion, expiration or
termination of thi s Agreement, Contractor shall turn over to City all such original maps , models ,
designs, drawings , photographs, studies , surveys , reports, data, notes , computer files, files and
other documents
SECTION 6. INSURANCE
6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of
this Agreement Contractor will maintain insurance in confonnance with requirements established
by City's Purchasing Officer, Finance Director or Risk Manager for the type of Services being
performed. Contractor acknowledges that prior to the effective date of this Agreement, City
provided to Contractor the applicable insurance requirements , a copy of which are attached
hereto as Exhibit "F" ("Insurance"). Contractor will use existing coverage to comply with these
requirements. If that existing coverage does not meet the requirements set f01th here, Contractor
agrees to amend, supplement or endorse the existing coverage to do so. Contractor
acknowledges that the insurance coverage and policy limits provided by City constitute the
minimum amount of coverage required. Any insurance proceeds in excess of the limits and
coverage required in this Agreement and which are applicable to a given loss, will be available to
the City.
6.2 Additional Insureds. Contractor agrees to have its insurer include as additional
insureds City, its officials, employees and agents, under such polices , and using such fonns as
may be, identified by the City's Purchasing Officer, Finance Director or Risk Manager.
Contractor also agrees to require all contractors, and subcontractors to do so likewise.
6.3 Proof of Insurance to City. Proof of compliance with the insurance
requirements, consisting of certificates of insurance evidencing all of the coverages required and
such additional insured endorsements as have been required to Contractor 's policies shall be
delivered to City concurrently with Contractor's execution of this Agreement, but in no event
later than the Effective Date of this Agreement.
6.4 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and
any other party involved with the project who is brought onto or involved in the project by
Contractor, provide the same minimum insurance coverage required of Contractor. Contractor
agrees to monitor and review all such coverage and assumes all responsibility for ensuring that
such co verage is provided in confom1ity with the requirements of this section . Contractor agrees
that upon request, all agreements with subcontractors and others engaged in the project will be
submitted to City for review.
6.5 Modification of Insurance Provisions. City authorizes City Manager to make,
upon the written concurrence of the Finance Director or Risk Manager, reasonable amendments
to the insurance requirements provided by City to Contractor under Section 6.1 of this
Agreement, after considering the Scope of Services, potential liabilities, and the required level of
in surance to adequately protect the City from risk liability.
LA #4822-4623-2581 v i 7
SECTION 7. BONDS
Section intentionally deleted. No bonds necessary for these services .
SECTION 8. TERMINATION.
8.1 Termination by City. City may, by written notice to Contractor, terminate with
or without cause, and without any prior notice of default or right to cure by Contractor, the whole
or any part of this Agreement at any time and by giving written notice to Contractor of such
tem1ination, and specifying the effective date thereof, at least three (3) days before the effective
date of such termination. Upon termination, Contractor shall be compensated only for those non-
di sputed Services, which have been adequately rendered to City, and Contractor shall be entitled
to no further compensation. Contractor may not terminate this Agreement except for cause .
8.2 Termination by Contractor. Contractor may, by written notice to City,
terminate this Agreement based upon City's failure to timely cure a default under this Agreement
as provided herein . At least forty-five (45) days prior to termination, Contractor shall provide
City with a written notice specifying City's alleged default and providing City with a forty-five
(45) day period to cure the default. Should City timely cure such default, the Agreement shall
continue. Should City failure to timely or adequately cure s uch default, Contractor may
terminate this Agreement by issuance of written notice to City.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer,
e ither directly or by operation of law, this Agreement or any interest herein w ithout the prior
written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
9.2 Loss and Damage. Contractor shall be respons ible for all lo ss and damage which
may arise out of the nature of the Services agreed to h erein, or from the action of the elements, or
from any unforeseen difficulties which may arise or be encountered in the prosecution of the
Work until the same is fully completed and accepted by City.
9.3 Excusable Delays. Contractor shall not be liable for damages , including
liquidated damages, if any, caused b y delay in perfom1ance of failure to perform due to caus e s
beyond the control of Contractor. Such causes include, but are not limited to , acts of God, acts
of the public enemy, acts of federal, state or local governments, acts of City, court orders , fire s,
floods, epidemics, strikes , embargoes, and unusually s evere weather. The term and price of this
Agreement shall be equitably adjusted for any delays due to such causes .
9.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or s ign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of the Agreement.
LA #4822-4623-258 1 v i 8
9.5 Governing Law. This Agreement shall be interpreted , construed and governed
accord ing to the laws of the State of Califomia . In the event of litigation between the pa1iies ,
venue in state trial courts shall lie exclusively in the County of Los Angeles . In the event of
litigation in a U.S. District Court, venue shall li e exclusively in the Central District of Califomia,
located in Los Angeles, California.
9.6 Integration. This Agreement, including the attached Exhibits "A" through "F", is
the entire, complete, final and exclusive expression of the parties with re spect to the matters
addressed therein and supersedes all other agreements or understandings , whether oral or written,
or entered into between Contractor and City prior to the execution of this Agreement. No
statements, representations or other agreements, whether oral or written , made by any party
which are not embodied herein shall be valid and binding. No amendment to this Agreement
shall be valid and binding unless in writing duly executed by the parties or their authorized
representatives.
9.7 Severability. If a term , condition or covenant of this Agreement is declared or
detennined by any court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invalid, void or unenforceable provision(s).
9.8 Prohibited Interests. Contractor represents and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or pers on, other than a bona fide employee working solely
for Contractor, any fee, commission , percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement.
9 .9 Amendments. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by the City and the Contractor. The parties agree that
this requirement for written modifications cannot be waived and that any attempted waiver shall
be void.
9 .I 0 No Third Party Beneficiaries. There are no intended third patty beneficiaries of
any right or obligation assumed by the Parties .
9.11 Delivery Of Notices. All notices required or permitted to be given under this
Agreement shall be in writing and shall be given to the respective parties at the addresses listed
in Exhibit "D", or at such other address as the respective parties may provide in writing for this
purpose. Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and address to the part
at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occuned, regardless of the method of service.
9.12 Binding Effect. This Agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of the parties .
LA #4R22-4623 -2581 v i 9
9.13 Waiver. Waiver by any party to this Agreement of an y term, condition, or
covenant of this Agreement shall not constitute a w aiver of any other tenn, condition, or
covenant. Waiver by any p arty or any breach of the provision s of this Agreement shall not
constitute a wa iver of any other prov isi on , nor a waiver of any subsequen t breach or viol ation of
an y provi sion of tlus Agreement. Acceptance by City of any work or services by Con tracto r
shall n o t consti tute a waiver of any of the provi sions of this Agreement .
9.14 Attorneys Fees , Costs And Expenses. In the event litigation or other proceeding
is required to enforce or interpret any provision of thi s Agreement, the prevailing party in such
litigation or other proceeding shall be entitled to an award of reasonable attorney's fees , Costs
and Expenses, in addition to any other relief to which it may be entitled .
9.15 Subcontracting . Contractor shall not subcontract any portion of the work
required by this Agreement, except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provisio n making them subject to all provisi on s
stipulated in thi s Agreement.
9.16 Counterparts . Thi s Agreement may be signed m counterparts, each of which
shall con stitute an original.
9.17 Authority To Execute. The p erson or persons executing this Agreement on
behalf of Con tractor repre sen ts an d warrants that he/she/they has/have the authority to so exec ute
this Agreement and to bind Contractor to the perfom1a nce of its obligations hereunder.
IN WITNESS WHEREO F , the parties hereto have caused this AGREEMENT to be executed
the day and year first above written .
CITY OF TEMPLE CITY
By ______________________ __
City Manager
APPROVED AS T O FORM:
City Attorney
LA #4 822-4 623-258 1 v i 10
CONTRACTOR:
By ____________________ __
(Authori zed Officer)
Title ------------------------
Print Name
Phone
EXHIBIT "A" SCOPE OF SERVICES
LA #4822-4623-2581 vl K ()
EXHIBIT "B" SCHEDULE OF PERFORMANCE
LA #4822-4623-25~ I v I L ()
EXHIBIT "C" COMPENSATION
LA #4 R22-462 3-25 Rl vl M
EXHIBIT "D,, REPRESENTATIVES
City of Temple City
____ Department
970 I Las Tunas Drive
Temple C ity , California 91780
Attn:
Facsimile: ( 626) 285-8192
CONTRACTOR
Address
City , State , Zip
Attn :
LA #4 822-4623-258 1 v l 14
EXHIBIT "E" BONDS REQUIRED
None Required
LA #4822-4623-2581 vI 15
EXHIBIT "F" INSURANCE
CONTRACTOR shall not commence work under this contract until CONTRACTOR shall
have obtained all insurance required by this Agreement and such insurance shall have been
approved by the CITY as to form, amount, and carrier; nor shall CONTRACTOR allow
any subcontractor to commence work on any subcontract until all similar insurance
required of the subcontractor shall have been so obtained and approved.
(a) COMPENSATION INSURANCE -CONTRACTOR shall take out and maintain
during the life of this contract, Worker's Compens ation Insurance for all of
CONTRACTOR's employees employed in colll1ection with this Agreement; and
if any work is sublet, CONTRACTOR shall require the subcontractor similarly to
provide Worker's Compensation Insurance for all of the latter's employees,
unless such employees are covered by the protection afforded by
CONTRACTOR. If any class of employees engaged in work under this contract
is not protected under any Workers' Compensation law, CONTRACTOR shall
provide and shall cause each subcontractor to provide adequate insurance for the
protection of employees not otherwise protected . CONTRACTOR shall
indemnify CITY for any damage resulting to it from failure of either
CONTRACTOR or any subcontractor to take out or maintain such insurance.
(b) COMPREHENSIVE GENERAL LIABILITY, PRODUCTS/COMPLETED
OPERATIONS HAZARD, COMPREHENSIVE AUTOMOBILE LIABILITY
AND CONTRACTUAL GENERAL LIABILITY INSURANCE
CONTRACTOR shall take out and maintain during the life of this contract s uch
comprehensive general liability, products/completed operations hazard,
comprehensive general liability and contractual general liability insurance as shall
protect CITY, its elective and appointive boards, officers, agents and employees ,
CONTRACTOR, and any subcontractor perfom1ing work covered by this
contract, fi·om claims for damage for personal injury, including death, as well as
from claims for property damage which may arise from CONTRACTOR's or any
subcontractor 's operations under this contract, whether such operations be by
CONTRACTOR or by any subcontractor, or by anyone directly or indirectly
employed by either CONTRACTOR or any subcontractor, and the amounts of
such insurance shall be as follows :
(1)
(2)
(3)
LA #4 822-4623-2 58 1 v i
Public Liability Insurance in an amount of not less than ONE MILLION
DOLLARS ($1 ,000,000);
Products/Completed Operations Hazard Insurance in an amount of not less
than ONE MILLION DOLLARS ($1 ,000,000);
Comprehensive Automobile Liability Insurance in an amount of not less
than ONE MILLION DOLLARS ($1 ,000,000);
16
(4) Contractual General Liability Insurance in an amount of not Jess than
ONE MILLION DOLLARS ($1 ,0 00,000).
A combined single limit policy with aggregate limits in an amount of not less than
TWO MILLION DOLLARS ($2 ,000,000) shall be considered equivalent to the
said required minimum limits set forth hereinabove.
(c) PROOF OF INSURANCE-The insurance required by this AGREEMENT shall
be with insurers which are Best A rated, and California Admitted or better. The
CITY of Temple City shall be named as "additional insured" on all policies
required hereunder, and CONTRACTOR shall furnish CITY, concurrently with
the execution hereof, with sati sfactory proof of caniage of the insurance required,
and adequate legal assurance that each carrier will give CITY at least thirty (30)
days ' prior notice of the cancellation of any policy during th e effective period of
the contract.
(d) NOTICE TO COMMENCE WORK -The CITY will not issue any notice
authorizing CONTRACTOR or any subcontractor to commence work under this
contract until CONTRACTOR has provided to the CITY the proof of insurance as
required by subparagraph (c) ofthis article.
LA #4822 -4 623-258 1 v l 17