HomeMy Public PortalAboutAgreement_ 2016-07-01 to 2019-06-30_San Gabriel Valley Humane Society_Extensions to 2024-06-30_16-008AGREEMENT COVER SHEET
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Type of Contract
ZConsultant Services ❑ Professional Services ❑ Public Works ❑ Other:
Meeting Date of Approval (Only If Applicable)
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Date
Contact Information
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Scope (Type of Project)
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Term of Contract
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Beginning Date
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Contract Completion Date
Contract Reviewed By
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City Manager #Department DirectorCity Attorney ❑ No Changes to the Template
Administrative Services Director ❑ Other:
Insurance
❑ Additional Insured Endorsement ❑ Cancellation Provision ❑ General/Auto/Workman Comp.
Expiration Date: Notes:
Date
CITY OF TEMPLE CITY AGREEMENT FOR ANIMAL CARE AND CONTROL
CONTRACT SERVICES
This Agreement is entered into this 7`h day of June, 2016 between the CITY OF TEMPLE CITY herein
called "City", and the SAN GABRIEL VALLEY HUMANE SOCIETY, a non-profit corporation,
hereafter referred to as "Humane Society."
WITNESSETH
The Humane Society agrees as an independent contractor to provide comprehensive animal care,
control and sheltering, and licensing services in support of the City's programs and activities specified
in the terms, conditions and special provisions of this contract.
SECTION I
TERM OF CONTRACT
This Agreement shall become effective July 1, 2016, and shall continue until June 30, 2019. Unless
either party gives express written notice of its intent to terminate this Agreement at least ninety (90)
days prior to the scheduled expiration date of this Agreement, this Agreement shall automatically
renew for successive one (1) year/twelve (12) month periods up to a maximum of five (5) additional
years, until June 30, 2024.
SECTION II
ANIMAL SHELTER SERVICES
A. Humane Society shall maintain humane and sanitary shelter facilities suitable for the
impoundment of all animals which may come into its custody from the City and Humane
Society shall make provision for receipt of these animals on a 24 hour, seven days a week basis.
Humane Society's shelter shall be located at 851 East Grand Avenue, San Gabriel, California.
Humane Society shall maintain public office hours from 8:00 a.m. to 5:00 p.m., from Tuesday
through Sunday and be closed Monday each week and kennels shall be open to public visitation
from 10:00 a.m. to 4:30 p.m., on its days of operation. Humane Society's offices are closed on
Mondays and specified holidays.
Animals impounded for the 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,
provided that no designated holding period shall be less than that provided by state law for the
animal concerned. Humane Society reserves the right to humanely euthanize any impounded,
diseased or injured animal prior to the expiration of the holding period upon the
recommendation of a licensed veterinarian and in accordance with state law. All animals held
in excess of the minimum period specified above shall become the responsibility of Humane
Society and the City shall have no further responsibility for such animal.
B. In the absence of written instructions from City to the contrary, Humane Society will accept
stray animals found by private citizens within the City's boundaries, and be responsible for the
Agreement for Animal Care/Control Services
Page 2
collection, care and disposition of all animals voluntarily relinquished by their owners who
reside in the City of Temple City.
C. Humane Society may charge a reasonable fee for the acceptance of animals voluntarily
relinquished by owners residing in the City, which fee shall be collected from the animal owner
and become the property of Humane Society. Humane Society shall not refuse to accept a City
pet owner surrendering his/her animals; provided that the owner agrees to pay for the Humane
Society's keeping until its adoption or euthanasia. Humane Society shall not be required to
euthanize an adoptable animal that is relinquished by its owner. Humane Society shall not be
required to place any animal for adoption that Humane Society determines is not suitable for
adoption in accordance with state law.
D. Humane Society shall not release any animal for the purposes of medical research or
vivisection.
SECTION III
FIELD SERVICES
A. Humane Society shall provide animal control services to City. Said services shall include, the
investigation of complaints regarding violations of the City's ordinances and state law; the
collection of dead animals; and the capture of any stray, diseased, injured or vicious animal
excluding large dead animals and dead animals on freeways. Humane Society shall take calls
directly from City's citizens during normal public business hours. Humane Society shall
respond to calls from authorized personnel of the City, including Los Angeles County Sheriffs
Department, on a 24 hour/7 day per week basis.
B. Humane Society will prioritize and respond to all calls for service as follows:
Emergent Public Safety Calls (immediate risk to public safety and/or an animal). Examples
include: loose vicious animal, animal in traffic, animal endangerment.
Non -Emergent Public Safety Calls (no immediate risk to public safety and/or an animal).
Examples include: stray (non -vicious) animal, animal confined by reporting party, deceased
animal on public or private property, leash law violations, barking dog complaints.
SECTION IV
INCIDENTAL COSTS AND SERVICES
In addition to the shelter services, field services, and licensing services as outlined in Sections
II, III and V, Humane Society may provide other services to the City, and charge costs for these
services, as agreed upon in advance by the City.
Agreement for Animal Care/Control Services
Page 3
SECTION V
ANIMAL LICENSING SERVICES
A. Humane Society shall administer City's dog licensing program in compliance with City
Municipal Code requirements and City established dog license fees.
B. Humane Society shall receive and process dog license applications from City residents.
C. Humane Society shall mail renewal letters annually and shall receive and process renewals.
Humane Society shall issue (and mail as necessary) all dog license documents and license tags.
License tags will be issued for the life of the dog.
D. Humane Society shall respond to and investigate reports of unlicensed dogs. Humane Society
shall be responsible for initial follow-up and efforts to license such dogs and shall work with
City to determine the appropriate course of enforcement action if needed.
E. Humane Society shall be the custodian of dog license applications, forms and related
documents (considered to be public records) and shall maintain such records in a manner
consistent with City's records retention schedule. Humane Society shall organize and maintain
records by year and shall provide records to City when scheduled for destruction.
F. Humane Society shall remit to City all license fees collected on a quarterly basis. Fees
collected during each quarter shall be remitted to City within thirty (30) days following the end
of each quarter.
G. Humane Society agrees to provide one (1) animal licensing and low cost microchip clinic for
the City at San Gabriel Valley Humane Society, 851 E Grand Avenue, San Gabriel, California
at no cost to the City.
SECTION VI
COMPENSATION
A. City shall pay Humane Society a lump sum of $15,208 per month for all services described in
Section II, Animal Shelter Services, Section 111, Field Services, and Section V, Animal
Licensing Services, due and payable in accordance with Section VI, C. Starting July 1, 2017,
and on each July 1 thereafter, this amount shall be automatically increased by four percent (4%).
B. During the term of this contract, City agrees to compensate Humane Society for all payments
due.
C. Humane Society shall invoice City quarterly in advance on the first day of each quarter for
Service. City shall pay for each quarter's service within thirty (30) days after receipt of said
invoice. Said amount shall fully compensate Humane Society for all service provided for City
as constituted on the effective date of this Agreement and shall include complete shelter and
field services for all stray animals, excluding any animals impounded for quarantine or
evidence purposes.
Agreement for Animal Care/Control Services
Page 4
D. Humane Society may at its discretion impose reasonable fees upon animal owners for the care
and feeding of an animal impounded and/or held in quarantine. All stray animal owner or
guardian redemption fees are to be kept by the Humane Society. Intake Vaccinations, Rabies,
Microchip and Unaltered Fee are also charged if administered.
E. Humane Society may at its discretion impose reasonable fees on City residents for the removal
of deceased domestic animals from private property and other animal related services requested
by residents at their property.
F. Shelter services for animals held in quarantine or for animals held as evidence at request of
City/County prosecuting attorney or city law enforcement officer and for animals held longer
than four days pursuant to any applicable city ordinance or state law, shall be billed to City
within 30 days of receipt of an itemized invoice provided by Humane Society. The rates
established may be adjusted upon mutual written consent by both City and Humane Society.
(Rates: $30.00 Impound fee, $15.00 per day Board)
SECTION VII
EQUIPMENT, SUPPLIES AND PERSONNEL
A. Humane Society shall provide, at its own cost, all facilities, equipment, vehicles, supplies and
personnel necessary to perform the services in Section II, Animal Shelter Services, Section III,
Field Services, and Section V, Animal Licensing Services, to be furnished by Humane Society
under the terms and conditions of this Agreement.
SECTION VIII
HUMANE EDUCATION SERVICES
Humane Society shall make available, upon request of City educational materials designed to promote
humane education. Such materials shall be provided at no cost to City.
SECTION IX
PUBLIC HEALTH RESPONSIBILITIES
A. Humane Society shall conduct one (1) low-cost microchip clinic to provide City residents a
reasonable opportunity to secure low cost microchips. (As defined in Section V.)
B. Humane Society agrees to cooperate with public health authorities in enforcing the provisions
of the California Health and Safety Code relating to biting dogs and animals suspected of being
infected with the rabies virus.
Agreement for Animal Care/Control Services
Page 5
SECTION X
SOCIETY EMPLOYEE STATUS
A. All persons employed by Humane Society for the performance of services to be provided
pursuant to the terms and conditions of this Agreement shall be employees or agents of
Humane Society. City shall not be called upon to assume any liability for the direct payment of
any salaries, wages or other compensation to any Humane Society personnel performing such
services for City, nor shall City be called upon to pay any liability other than as provided for in
this Agreement. Notwithstanding the foregoing, it is agreed that City shall have the full
cooperation of Humane Society's officers, agents and employees and Humane Society shall
have the full cooperation of City and of the officers, agents and employees of City in the
performance and evaluation of the services.
SECTION XI
INSURANCE AND LIABILITY
A. Humane Society will defend, indemnify, and save harmless City from all demands, claims,
causes, or action, or judgments and from all expenses that may be incurred in investigating the
same, arising from, or growing out of, any act or omission of Humane Society, its contractors,
agents or employees, in connection with the operation of Humane Society's shelter, or in the
performance of related duties under this Agreement. Humane Society shall fully inform all
persons using or being upon Humane Society's premises or conducting business at such
location of the non -liability of City for any act or neglect of Humane Society, by posting an
adequate number of notices to that effect in, about, or on said premises.
B. Humane Society's indemnification under this Agreement does not extend to liabilities, losses,
claims, demands, actions, causes of action, proceedings, suits, damages, judgements, costs and
expenses of litigation, including attorney's fees, which Indemnitee may suffer or incur or which
Indemnitee may become subject to by reason or of arising out of any injury to or death of any
person(s), damage to property, or loss of use of property caused by the active or passive
negligence or willful acts or omissions of City, its elected and appointed officials, officers,
agents, employees, volunteers or representatives.
C. Humane Society shall at its own cost and expense secure and maintain the following Insurance
coverage and provide copies of its most current coverage/documents all of the following:
1. Comprehensive general liability coverage, including vehicle insurance, in an amount no
less than $1,000,000 combined single limit per occurrence, $2,000,000 general
aggregate.
2. Said policy shall name the City of Temple City, its elected and appointed officers,
officials, employees, agents and volunteers as additional insureds with regard to
damages and defense of claims arising from (1) activities performed by or on behalf of
the Humane Society; (2) completed operations of the Humane Society, of (3) premises
owned, leased or used by Humane Society.
3. Insurance shall be placed with insurers which are admitted in the State of California and
have a current A.M. best rating of no less than A; VII.
Agreement for Animal Care/Control Services
Page 6
4. Said policy shall bear an endorsement and have attached a rider whereby it is provided
that, in the event of expiration, cancellation or modification of such policy for any
reason whatsoever, the City shall be notified by registered mail, postage prepaid, return
receipt requested, not less than thirty (30) days before the expiration, cancellation or
modification is effective.
5. The Humane Society shall file a Certificate of Liability Insurance and original
endorsements affecting coverage required by this section with the City.
6. Proof of Worker's Compensation coverage shall be maintained as required by the State
of California and provided to the City prior to the execution of this contract.
7. City shall defend, indemnify and save Humane Society harmless from all demands,
claims, causes of action, or judgments, and from all expenses that may be incurred in
investigating or resisting the same, arising from, or growing out of, any act or neglect of
the City its contractors, agents or servants in connection with the performance of the
provisions of this Agreement.
SECTION XII
RECORDS MANAGEMENT AND FINANCIAL ACCOUNTING
A. Humane Society agrees to develop and maintain a comprehensive records management system
and provide City with such records relating to the services performed under this Agreement.
All records shall be in a form acceptable to City. All Humane Society records relating to
services provided or work performed pursuant to this Agreement, including all financial,
managerial and operation records, shall be made readily available for inspection by City
representatives at all reasonable times following a request by the City. If costs are incurred
during compliance with a City request to inspect records or books, such costs shall be
documented by Humane Society and reimbursed to Humane Society by City upon request by
Humane Society.
B. Humane Society shall comply with information access provisions in accordance with all
applicable non-profit corporation requirements as stipulated by the State of California.
C. Humane Society shall be responsible for the preparation and submittal of all invoices and
related financial documents for services provided. Society shall fully cooperate with City
regarding the methodology and processes required for the appropriate preparation of all
financial documents as determined by City. Humane Society shall submit invoices as defined
in Section VI.
SECTION XIII
CONTRACT ADMINISTRATION
A. Humane Society shall provide, upon request by City, reports showing the number and species
of animals impounded or received from the City. Additional field services impound data shall
be provided to City upon request.
Agreement for Animal Care/Control Services
Page 7
B. Humane Society and City shall attend meetings as requested by either party to discuss
operations and activities within the scope of this Agreement.
SECTION XIV
LEGAL
A. In the event this Agreement should be challenged by suit filed by a non-party hereto, and in the
event City, in its sole discretion, determines to defend said suit, City shall defend this
Agreement at no expense to Society.
B. In the event that litigation is required to enforce or interpret the provisions of this Agreement,
the prevailing party shall be entitled to reasonable attorney's fees.
SECTION XV
ASSIGNMENT
A. Humane Society shall not have the right, or power to sell, mortgage or assign this Agreement or
the powers granted to it or any interest therein.
SECTION XVI
MERGER
A. This Agreement represents the entire understanding between the parties hereto and supersedes
any and all prior written or oral agreements or understanding between the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROXED AS TO Fp CITY OF TES �� CITY
City'At e City Manager
Date: r'17-110 Date:
SAN GABRIEL VALLEY HUMANE
SOCIETY
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B6W President
Date: &/ /Jjjt,
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Board Secretary
Date: