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HomeMy WebLinkAboutC-1783110d- 7 0 C- l-7g3 -I2 AMENDMENT NO. 12 TO THE AGREEMENT FOR ANIMAL CONTROL SERVICES WITH PASADENA HUMANE SOCIETY & SPCA This Amendment No. 12 ( "Amendment No. 12 ") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and the Pasadena Humane Society & SPCA with respect to that certain Professional Services Agreement between the parties dated June 28, 2001 ( "Agreement "). The parties agree as follows: 1. Section 3.1.2 of the Agreement is amended by extending the term to July 1, 2014, through June 30, 2015 ( "Extended Term "). 2. Section 19 of the Agreement is amended to provide that for the Extended Term from July 1, 2014, through June 30, 2015, the City agrees to pay the Pasadena Humane Society & SPCA a total sum not to exceed $75,496.46. 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] In witness whereof the parties have executed this Amendment No. 12 on the date set forth below. CITY OF ARCADIA 1 Dominic Lazzar o City Manager Date: Sv �-� 'f . 'Lo i ATTEST: IJAAII* All Cit ler APPROVED AS TO FORM: Y (� 4� Stephen P. Deitsch City Attorney PASADENA HUMANE SOCIETY & SPCA Steven R. McNall Executive Director Date: Elizabeth Ri Campo, CAWA Senior Vice President Date: *24,/If CONCUR: CONCUR: Rob uth C , f of Polic 0-- -7 �(3 -)I Wl(,- 7U AMENDMENT NO. 11 TO AGREEMENT FOR ANIMAL CONTROL SERVICES BY AND BETWEEN THE CITY OF ARCADIA AND THE PASADENA HUMANE SOCIETY & SPCA This Amendment No. 11 ( "Amendment No. 11") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and the Pasadena Humane Society & SPCA with respect to that certain Professional Services Agreement between the parties dated June 28, 2001 ( "Agreement "). The parties agree as follows: 1. Section 3.1.2 of the Agreement is amended by extending the term from June 30, 2013 to June 30, 2014 ( "Extended Term "). 2. Section 19 of the Agreement is amended to provide that for the Extended Term from July 1, 2013, through June 30, 2014, the City agrees to pay the Pasadena Humane Society & SPCA a total sum not to exceed $74,016.14. 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] In witness whereof the parties have executed this Amendment No. 11 on the date set forth below. CITY OF ARCADIA Dominic Laz retto City Manager Date: ATTEST: �� c6 City C •k MA APPROVED AS TO FORM Stephen P. Deitsch City Attorney 2 CONTRACTOR The Pasadena Humane Society & SPCA Steven R. McNall ' Executive Director Title Date: Elizabeth Richer Campo, CAWA Senior Vice President Title Date: �JI rS CONCUR: Rob rt Guthn Chi f of Polic V () 6- -\ AMENDMENT NO. 10 TO AGREEMENT FOR ANIMAL CONTROL SERVICES BY AND BETWEEN THE CITY OF ARCADIA AND THE PASADENA HUMANE SOCIETY & SPCA This Amendment No. 10 ("Amendment No. 10") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and the Pasadena Humane Society & SPCA with respect to that certain Professional Services Agreement between the parties dated June 28, 2001 ("Agreement"). The parties agree as follows: 1. Section 3 of the Agreement is amended to provide that the term of the Agreement shall be extended through and including June 30, 2013. 2. Section 19 of the Agreement is amended to provide that for the period July 1, 2012, through June 30, 2013, the City agrees to pay the Pasadena Humane Society a total sum not to exceed $72,564.84. 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] In witness whereof the parties have executed this Amendment No. 10 on the date set forth below. IM Dominic Lazza b City Manager Date:— 11 ao APPROVED AS TO FORM: I Step en P. Deitsch City Attorney CONTRACTOR The Pasadena Humane Society & SPCA Steven R. McNall Executive Director Title Date: tzl — -7— 1 -k— Name Title Date- '1:t1t-L_ CONCUR: Robert Gut rie Chief of Police Me-7d 6-/383 -% AMENDMENT NO.9 TO AGREEMENT FOR ANIMAL CONTROL SERVICES BY AND BETWEEN THE CITY OF ARCADIA AND THE PASADENA HUMANE SOCIETY & SPCA This Amendment No. 9 ( "Amendment No. 9 ") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and the Pasadena Humane Society & SPCA with respect to that certain Professional Services Agreement between the parties dated June 28, 2001 ( "Agreement "). The parties agree as follows: Section 3 of the Agreement is amended to provide that the term of the Agreement shall be extended through and including June 30, 2012. 2. Section 19 of the Agreement is amended to provide that for the period July 1, 2010, through June 30, 2012, the City agrees to pay the Pasadena Humane Society a total sum not to exceed $142,284 ($71,142 per year). Section 31 of the Agreement (Immigration Reform and Control Act) is hereby added to read, "Consultant acknowledges that Consultant, and all subcontractors hired by Consultant to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ( "IRCA "). Consultant is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Consultant to perform services under this Agreement are in compliance with the IRCA. In addition, Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Consultant's employees, or the employees of any subcontractor hired by Consultant, are not authorized to work in the United States for Consultant or its subcontractor and/or any other claims based upon alleged IRCA violations committed by Consultant or Consultant's subcontractor(s)." 4. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. [SIGNATURES ON NEXT PAGE] In witness whereof the parties have executed this Amendment No. 9 on the date set forth [67-4M. CITY OF ARCADIA By Donald Penman, City Manager Dated: ,&.2L, Z.o 1 o ATTEST: P"M � 171 " � W. @ 'W' APPROVED AS TO FORM: &-t� P, Stephen P. Deitsch, City Attorney CONTRACTOR The Pasadena Humane Society & SPCA B ��L\ Steven R. McNall, Executive Dir ce or CONCUR: % e Robert P. Sanders n, Chief of Police I�oo -7 0 C- 193 -g AMENDMENT NO. 8 TO AGREEMENT FOR ANIMAL CONTROL SERVICES BY AND BETWEEN THE CITY OF ARCADIA AND THE PASADENA HUMANE SOCIETY & SPCA This Amendment No. 8 ( "Amendment No. 8 ") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and the Pasadena Humane Society & SPCA with respect to that certain Professional Services Agreement between the parties dated June 28, 2001 ( "Agreement "). The parties agree as follows: 1. Section 3 of the Agreement is amended to provide that the term of the Agreement shall be extended through and including June 30, 2010. 2:.Section l9:Ofthe Agreement is amended to provide that for the period July 1, 2009, .through June 30, 2010, the City agrees to pay the Pasadena Humane Society a. total sum not to exceed $81,142.44. Section 31 of the Agreement (Immigration Reform and Control Act) is hereby added to read, "Consultant acknowledges that Consultant, and all subcontractors hired by Consultant to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ( "IRCA "). Consultant is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Consultant to perform services under this Agreement are in compliance with the IRCA. In addition, Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Consultant's employees, or the employees of any subcontractor hired by Consultant, are not authorized to work in the United States for Consultant or its subcontractor and/or any other claims based upon alleged IRCA violations committed by Consultant or Consultant's subcontractor(s)." 4. All of the remaining terms and provisions of the Agreement are hereby - -- reaffirmed. [SIGNATURES ON NEXT PAGE] In witness whereof the parties have executed this Amendment No. 8 on the date set forth below. CITY OF ARCADIA Bye:P , Don Penman, City Manager Dated: (.13 00 APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney CONTRACTOR The Pasadena Humane Society & SPCA Steven R. McNall, Executive Director CONCUR: 2p Robert P. Sanders dn, Chief of Police 0 AMENDMENT NO.7 TO AGREEMENT FOR ANIMAL CONTROL SERVICES BY AND BETWEEN THE CITY OF ARCADIA AND THE PASADENA HUMANE SOCIETY & SPCA lld � - 7 0 G - 17$3 =1 This Amendment No. 7 ( "Amendment No. 7 ") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and the Pasadena Humane Society & SPCA with respect to that certain Professional Services Agreement between the parties dated June 28, 2001 ( "Agreement'). The parties agree as follows: 1. Section 3 of the Agreement is amended to provide that the term of the Agreement shall be extended through and including June 30, 2009. 2. Section 19 of the Agreement is amended to provide that for the period July`l;" "" 2008, through June 30, 2009, the City agrees to pay the Pasadena Humane Society a total sum not to exceed $78,779.04. 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 7 on the date set forth below. CITY OF ARCADIA BySjonPe -t�,- Don Penman, City Manager Dated: (o117 f a 8 APPROVED AS TO FORM: - , R)w Steph n P. Deitsch, City Attorney CONTRACTOR The Pasadena Humane Society & SPCA l Steven R. McNall, Executive Director CONCUR: �C_ /9L�._ -� n • RILz! S'L'R --v-� Robert P. Sanderson, Chief of Police i koe> -V?O AMENDMENT NO.6 TO AGREEMENT FOR ANIMAL CONTROL SERVICES BY AND BETWEEN THE CITY OF ARCADIA AND THE PASADENA HUMANE SOCIETY & SPCA This Amendment No. 6 ( "Amendment No. 6 ") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and the Pasadena Humane Society & SPCA with respect to that certain Professional Services Agreement between the parties dated June 28, 2001 ( "Agreement"). The parties agree as follows: Section 3 of the Agreement is amended to provide that the term of the Agreement shall be extended through and including June 30, 2008. 2. Section 19 of the Agreement is amended to provide that for the period July 1, 2007, through June 30, 2008, the City agrees to pay the Pasadena Humane Society a total sum not to exceed $75,822.05. 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 6 on the date set forth below. CITY OF ARCADIA By `l William R. Kelly, City Manager Dated: kfo,cj APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney CONTRACTOR The Pasadena Humane Society & SPCA "- Steven R. McNall, Executive Director CONCUR: Robert P. Sand son, Chief of Police i 0 \\00 -'t o AMENDMENT NO.5 TO AGREEMENT FOR ANIMAL CONTROL SERVICES BY AND BETWEEN THE CITY OF ARCADIA AND THE PASADENA HUMANE SOCIETY & SPCA This Amendment No. 5 ( "Amendment No. 5 ") is hereby entered into by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California, and the Pasadena Humane Society & SPCA with respect to that certain Professional Services Agreement between the parties dated June 28, 2001 ( "Agreement"). The parties agree as follows: 1. Section 3 of the Agreement is amended to provide that the term of the Agreement shall be extended through and including June 30, 2007. 2. Section 19 of the Agreement is amended to provide that for the period July 1, 2006, through June 30, 2007, the City agrees to pay the Pasadena Humane Society a total sum not to exceed $73,613.73. 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 5 on the date set forth below. CITY OF ARCADIA By William R. Kelly, City Manager Dated: Woo APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney CONTRACTOR The Pasadena Humane Society & SPCA Ar- /-;- �-� Steven R. McNall, Executive Director CONCUR: F AX, --- Robert P. Sande son, Chief of Police 9 • AMENDMENT NO.4 TO AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE CITY OF ARCADIA AND THE PASADENA HUMANE SOCIETY & SPCA __Jlris Amendment No. 4 ( "Amendment No. 4 ") is hereby entered into this Ste'` day of J Lei 2005, by and between the City of Arcadia, a municipal corporation in the State of California, and the Pasadena Humane Society with respect to that certain Agreement between the parties dated June 28, 2001 ( "Agreement"). The parties agree as follows: Section 3 of the Agreement is amended to provide that the term of the Agreement shall be extended through and including June 30, 2006. Section 19 of the Agreemenfis amerided-to provide that for the period July 1, - 2005, through June 30, 2006, the City agrees to pay the Pasadena Humane Society a total sum not to exceed $71,469.64. 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 4 on the date set forth below. CITY OF ARCADIA By m William R. Kelly, City Manager Dated: i, ATTEST: ida Tolman, Deputy City Clerk APPROVED AS TO FORM: � P Stephen P. Deitsch, City Attorney CONTRACTOR The Pasadena Humane Society & SPCA Steven R. McNall, Executive Director CONCUR: Robert P. Sandey on, Chief of Police D�fia-35 AMENDMENT NO.3 TO AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE CITY OF ARCADIA AND THE PASADENA HUMANE SOCIETY & SPCA This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into this -Z/' F day of , 2004, by and between the City of Arcadia, a municipal corporation in the S e ' California, and the Pasadena Humane Society with respect to that certain Agreement between the parties dated June 28, 2001 ( "Agreement'). The parties agree as follows: Section 3 of the Agreement is amended to provide that the term of the Agreement shall be extended through and including June 30, 2005. 2. Section 19 of the Agreement is amended to provide that for the period July 1, 2004, through June 30, 2005, the City agrees to pay the Pasadena Humane Society a total sum not to exceed $69,388. 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA By w 1 William R. Kelly, City Manager Dated: &,0' ATTEST: 'r ink. Vida Tolman, Deputy City Clerk APPROVED AS TO FORM: -R i)t Stephen P. Deitsch, City Attorney CONTRACTOR The Pasadena Humane Society & SPCA Steven R. McNall, Executive Director CONCUR: p' /i0- S-< AMENDMENT NO.2 TO AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE CITY OF ARCADIA AND THE PASADENA HUMANE.SOCIETY & SPCA This Amendment No. 2 ("Amendment No. 2 ") is hereby entered into this 21st day of May , 2003,;by and between the City of Arcadia ,.a municipal corporation in the State of California, and the Pasadena Humane Society with respect to that certain Agreement between the parties dated June 28, 2001 ("Agreement'). The parties agree as follows: 1. Section 3 of the Agreement is amended to provide that the term of the Agreement shall be extended through and including June 30, 2004. 2. Section 19 of the Agreement is amended to provide that-for the period July 1, 2003, through ,June 30, 2004, the City agrees to pay the Pasadena Humane Society a total sum not to exceed $69,388. 3. All of the remaining terms and provisions of the Agreement are hereby reaf mne& In witness whereof the parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA By William R. Kelly, City Manager Dated: �! ATTEST: D. Alford, City APPROVED-AS TO �p b Stephen P. Deitsch, City Attorney CONTRACTOR The Pasadena Humane Society & SPCA Steven R. McNall, Executive Director CONCUR: David H. Hinig, Chie olice ariic- �S i -7 P9 AMENDMENT NO. I TO AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE CITY OF ARCADIA AND THE PASADENA HUMANE SOCIETY & SPCA us Amendment No. 1 ( "Amendment No. I") is hereby entered into this /S/ day of ( 2002, by and between the City of Arcadia, a municipal corporation in the State ot California, and the Pasadena Humane Society with respect to that certain Agreement between the parties dated June 28, 2001 ( "Agreement'). The parties agree as follows: 1. Section 3 of the ,Agreement is amended to provide that the term of the _ Agreement shall be extended through and including June 30, 2003. 2. Section 19 of the Agreement is amended to provide that for the period July 1, 2002, through June 30, 2003, the City agrees to pay the Pasadena Humane Society a total sum not to exceed $67,367. 3. All of the remaining terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. I on the date set forth below. CITY OF ARCADIA By .�^ William R. Kelly, City Manager Dated: 11 LOP ATTEST: \ Jdne D. Alford, CitKYerk APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney CONTRACTOR The Pasadena Humane Society & SPCA Steven R. McN I, Executive Director CONCUR: 07/01/2002 15:58 16264059055 ARMSTRONG ROBITAILLE PAGE 02/03 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pclicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies mty require an endorsement. A statement on this certificate does not confer rights to the certifieale holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does I; affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon i. ACORD25-3 (797)2 of 2 #174557 AGREEMENT CITY OF ARCADIA AND PASADENA HUMANE SOCIETY THIS CONTRACT, is entered into by and between the CITY OF ARCADIA, a Municipal Corporation, hereinafter referred to as "City," and the PASADENA HUMANE SOCIETY, a Non- Profit Corporation, hereinafter referred to as "Society." WITNESSETH: WHEREAS, City desires to use the services, plant, equipment, facilities, and supplies of Society in the enforcement and performance of the powers and duties of the Poundmaster of the City of Arcadia, as set forth in Article IV, Chapter 1, of the Arcadia Municipal Code, amended from time to time and herein referred to as the "Code"; and WHEREAS, Society desires to provide services, supplies, materials, and use of its plant, equipment, and facilities in the enforcement and performance of said powers and duties and other related services as set forth in this Contract; and WHEREAS, the performance of this Contract by Society shall be consistent with the mission statement of Society, attached as Exhibit "A" and incorporated as part of this Contract. NOW THEREFORE, the parties hereto agree as follows: 1. POUNDMASTER APPOINTMENT /COMPLIANCE WITH CODE. City appoints Society as the Poundmaster of the City of Arcadia for the period beginning July 1, 2001, and ending June 30, 2002, and hereby authorizes, directs, and empowers Society to perform all the powers and 0 0 duties conferred and imposed upon the Poundmaster by the Code and applicable state laws as they may be amended from time to time, during the term of this Contract. (Arcadia Municipal Code Section 4111 et seq. attached and incorporated as part of this Contract.) 2. ACCEPTANCE OF APPOINTMENT. Society agrees and undertakes to perform all the powers and duties conferred and imposed upon the Poundmaster during the term of this Contract by the provisions herein. 3. TERM. The services provided pursuant to this Contract shall be for a period of one year beginning on July 1, 2001, and ending June 30, 2002. Notwithstanding any provision to the contrary herein, any covenant or obligation to perform any action following the termination or conclusion of the term of this Contract shall survive such termination or conclusion of the term. 4. SCOPE OF SERVICES - PERFORMANCE STANDARDS. In addition to the services and standards set forth as follows, Society shall perform consistent with the performance representations summarized in Exhibit 'B" attached and incorporated as part of this Contract. 5. PATROL SERVICES. Society agrees to provide patrol services on the streets and public ways of City with manned radio - equipped vehicles Monday through Saturday 7:00 a.m. to 4:00 p.m., as well as after 4:00 p.m. on an as needed basis, and on Sundays. The Society agrees to dispatch unarmed officdrs as a first priority response whenever practicable. 6. PICK UP SERVICE. Society agrees to pick up and impound stray animals, to pick up and impound any other animal within the City that may be lawfully impounded on the request of any resident, and to enforce all Code provisions and state law pertaining to impounding of animals, by court proceedings if necessary. 2 9 0 7. ANIMAL BITE. With respect to known animal bites, Society agrees to investigate and, where appropriate, quarantine animals at their owner's residence, or pick up and hold in quarantine animals involved in biting incidents. 8. PICK UP SERVICES HOURS. In addition to pick up service incidental to patrol services, Society agrees to provide the following service in response to telephonic or other verbal requests: A. Emergency pick up service 24 hours per day, 7 days per week, for sick or injured animals, or animals involved in biting cases that Society believes to be strays; B. To pick up any stray animal at any time in response to a request by a police employee or City official; C. Pick up service for stray animals (that are not sick or injured) during the time of scheduled patrol upon the request of residents within the territory served by the Contract; D. Pick up service for sick or injured animals during times of scheduled patrols, Monday through Sunday upon the request of animal owners residing within the territory served by this Contract. 9. SPAYING OR NEUTERING. In the event the City enacts an amendment to its Code imposing requirements to guarantee spaying or neutering, Society agrees that it will not release such an animal to an Arcadia resident unless there has been compliance with the applicable Code provision. 10. INVESTIGATIONS. Society agrees to investigate all cruelty to animal charges and complaints brought to the attention of Society by any person, and all complaints for barking and/or excessively noisy dogs and other animals. The Society shall provide the City with written procedures for investigating cruelty to animal complaints and barking dog complaints. Society 3 0 0 shall cooperate with the Arcadia Police Department and the City Attorney's Office with regard to requested investigations concerning animal problems. The Society shall providg copies of all the Society's incidents and operations in the City upon request of the Chief of Police. 11. DECEASED ANIMALS. Society agrees to dispose of carcasses of all animals which come into its possession or that of the Deputy Poundmaster in the performance of the powers conferred and the duties imposed by the Code. Society also agrees to pick up and dispose of any dead animal from private property within the City without additional charge to City and to pick up and dispose of all dead wild animals and all dead domestic animals from public streets and public and private property without additional charge. However, Society may make a reasonable charge to the owner of a dead animal for picking up and disposing of such animal from private property. 12. DEPUTY POUNDMASTER. Society agrees to pay for the services of such Deputy Poundmaster as it shall appoint. 13. CITY POUND. Society agrees to furnish and maintain during the term of this Contract without charge or expense to City, a building or enclosure, to be known and designated as the "City Pound" which shall be suitable for the keeping and safe holding therein of all animals which are by law subject,to impound. Society will provide adequate shelter, care, and emergency veterinary services at the City Pound. 14. CITATIONS. Society agrees to have at least one of its animal control officers qualified as a humane officer pursuant to Section 14502 of the California Corporations Code. All other animal control officers will either be so qualified or in the process of qualifications to be completed within 12 months from the time each is appointed as a humane officer by Society. All qualified humane officers may issue notices to appear in court as prescribed by state law for any violations of state or local animal control laws occurring within the City, including but not limited rd 0 0 to violations of Article IV of the Arcadia Municipal Code. City agrees to furnish Society with a sufficient quantity of citation forms to perform this service. Notwithstanding anything hereinbefore contained, it is agreed that in all instances wherein special supplies, stationery, notices, forms, and the like must be issued in the name of the City, the same shall be supplied by the City at its own cost and expense. Prior to filing a citation or criminal complaint, Society shall contact and coordinate the process with the Police Department Court Liaison Officer, 15. HEALTH DEPARTMENT QUARANTINE. Society agrees to pick up, accept, care for, and maintain in custody any animal from within the City territory to be held for observation by City's designated Health Department and to maintain such animal in an individual kennel away from contact with other animals during the time so held, as City's Health Officer may direct. Any owned animal held for such quarantine will have a reasonable charge levied for care and feeding during quarantine, to be paid by the owner of the animal. 16. BONDS. Society agrees to fumish, without charge to the City, a fidelity bond, of a corporate surety satisfactory to City, covering its officers and employees, individually and collectively, in the aggregate amount of $5,000 for the benefit of City for the term of this Contract. 17. INDEMNITY. A. Society agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent, or groundless), to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments, and expenses (including without limitation attorney's fees and costs of W 0 0 litigation) which in whole or in part result from, or arise out of, or are claimed to result or to arise out of: (1) any activity on or use of City's premises or facilities or any performance under this Contract; or (2) any acts, errors, or omissions (including, without limitation, professional negligence) of Society, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. B. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret, or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Society and its officers, employees or agents, and members of the general public). 18. INSURANCE. Society shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. A. Automobile Liability with minimum limits of at least $100,000/300,000 /50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non -owned liability coverage if written on a commercial automobile liability form. B. General Liability with minimum limits of at least $2,000,000 combined single limits written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises /Operations and 6 • • Personal Injury coverage is required. The City of Arcadia, its officers, employees, and agents must be endorsed on the policy as additional insured as respects liability arising out of the Society's performance of this Contract. (1) If Society employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Society may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Blanket Contractual Coverage if required. (3) Products/Completed Operations coverage where such risk is applicable. (4) Explosion, Collapse, and/or Underground (X, C, and /or U) coverage where such risk is applicable. C. Professional Errors and Omissions coverage in a sum of at least $1,000,000. If a claims -made policy is obtained, a "tail" of at least three (3) years shall be purchased if non- renewed within three (3) years of completion of performance under this Contract. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. D. Society shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self - insurance certificate approved by the State of California; or 7 (2) Secure and maintain in force a policy or workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (3) Provide a "waiver" from certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. E. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days prior written notice to the City. B:VIII. F. Insurance shall be placed with insurers with a Best's rating of no less than G. Prior to the commencement of performance, Society shall furnish City with a Certificate of Insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by the City Attorney. City may require complete, certified copies of any or all policies at any time. H. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Society shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (1) procure insurance with collection rights for premiums, attorney's fees, and costs against Society by way of set -off or recoupment from sums due Society, at City's option; (2) immediately terminate this Contract; or (3) self - insure the risk, with all damages I 0 • and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Society, by way of set -off or recoupment from any sums due Society. 19. COMPENSATION FOR SERVICES. City agrees to pay Society a total sum not to exceed $65,405. Society shall invoice City monthly on the first day of each month. City will pay for each month's services within ten (10) days after receipt of said invoice. 20. REPORTS. Society shall famish to the City Manager, monthly reports summarizing the operations conducted pursuant to this Contract for the term of this Contract, and by July 15th following each year of the term of this Contract, a report summarizing its operations conducted pursuant to this Contract. Said reports shall include a schedule of performance statistics covering said periods, containing performance line items stratified as to geographic source of performance factor, i.e., Arcadia, Pasadena, South Pasadena, Sierra Madre, San Marino and total. A. Society shall report monthly to the City Manager the number of stray and deceased animals picked up within the City pursuant to this Contract. B. Society shall provide to the City Manager copies of its audited financial reports covering the period of this Contract. Should Society fail to submit an audited financial report, the preparer of the unaudited report shall satisfy City's Director of Finance as to the reasonableness, accuracy, and completeness of said unaudited report. 21. CANCELLATION. This Contract may be terminated by either part by giving not less than 90 days written notice to the other party. The notice shall state the termination date. Notice to the City shall be addressed to the City Manager at 240 West Huntington Drive, Arcadia, California 91007. Notice to Society shall be addressed to the President of Society at 361 South Raymond Avenue, Pasadena, California 91105. If this Contract is terminated pursuant to this E Section 21, the consideration provided for in Section 19 of this Contract shall be apportioned in the ratio that the time to the stated termination date bears to the full service year of this Contract. 22. NON- ASSIGNMENT CLAUSE. Society cannot assign or delegate or otherwise transfer this Contract or the rights or duties contained herein to any individual, person, or legal entity otherwise without the written consent of the City. 23. PARAGRAPH HEADINGS. Any heading of the several paragraphs of this Contract is inserted for convenience and reference only and shall not be held or construed in any manner to affect the scope, or to limit or to qualify the meaning or intent of the provisions thereof. 24. SUCCESSORS IN INTEREST. This Contract shall be binding upon and shall insure to the benefit of the successors and assigns to the parties hereto. 25. MAINTENANCE AND INSPECTION OF RECORDS. The City and any other federal, state, or local government agency, or any of their authorized auditors or representatives, shall have access to and the right to audit, excerpt, reproduce, and transcribe any of the Society's records, to the extent the City deems necessary to insure it has received or is receiving all money to which it is entitled under the Contract or for other purposes relating to the Contract. A. Such records include, without limitation, journals, ledgers, records of accounts payable or receivable, profit and loss statement, financial statements, bank statements, invoices, receipts, subcontracts, agreements, notes correspondence, memoranda, and any other documents required by the City or by the laws or regulations of any federal, state, or local governmental agency. B. The Society shall maintain and preserve all such records for a period of at least three (3) years after termination of the Contract, or until an audit has been completed and 10 accepted by the highest governmental authority involved and all questions and disputes arising from the audit have been resolved. C. Upon written notice by the City, the Society shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies. The Society shall also cooperate with such auditors and representatives in auditing, excerpting reproducing, and transcribing the records. D. The Society shall maintain all such records in the City of Arcadia. If not, the Society shall promptly reimburse the City for all reasonable costs incurred in conducting the audit at a location other than the City of Arcadia, including but not limited to expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead. 26. ENTIRE AGREEMENT. This Contract constitutes the entire agreement of the parties and supersedes any prior or contemporaneous representations or agreements of the parties. This Contract may be revised or modified only by written agreement of both parties signed by an authorized representative of each party, subject to approval of the Arcadia City Council. 27. COMMUNICATION. Society shall maintain accessible communication with City representatives which shall include monthly meetings between City staff and the Society Executive Director. 28. PERSONNEL/IN SERVICE TRAINING. To perform this Contract, Society acknowledges the importance of assigning properly trained personnel with experience who will interface on a regular, recurring basis with City personnel involved in the administration and management of this Contract, and agrees to perform consistent with this goal and cooperate fully with City concerning utilization of Society personnel for Arcadia. Society shall provide in service 11 training to the Police Department upon request of the Chief of Police, and other designated staff as required. 29. IMPOUND AND LICENSE FEES. City further agrees that Society may keep and retain any and all license and impound fees provided for by any City Animal Control Resolution. 30. WILD ANIMALS. When undomesticated animals, such as coyotes, raccoons, etc., are found in neighborhoods, when possible, Society will provide a means to return the animals to the wild. 12 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives as of the date set forth below. Dated: rT n e. Z.6 1 2-001 ATTEST: _1 u •� APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 13 CITY OF ARCADIA By: William R. Kelly, CiOVanager PASADENA HUMANE SOCIETY Bv' - Steve McNall, Executive Director EXHIBIT "A" THE PASADENA HUMANE SOCIETY & SPCA MISSION STATEMENT The mission of the Pasadena Humane Society & SPCA is to promote the humane treatment of and maintain the quality of life for all animals whether they be domestic, exotic, wild, or livestock. This includes acting as an advocate and an enforcer of the humane treatment of animals. It is the purpose of this Society to foster a public attitude of humane care and gentleness toward animals and an awareness of the importance they have in our environment and daily lives. The Pasadena Humane Society & SPCA strives to carry out this mission in the following manner: 1. By protecting and providing care for homeless, sick, and orphaned animals. 2. By offering for adoption of abandoned animals after careful screening and counseling. 3. By educating the public about the care and treatment of animals. 4. By sharing animals with elderly, frail, and ill people through the Pet Facilitated Therapy Program. 5. By rehabilitating wildlife that are injured or abandoned and reintegrating them into their natural environment. 6. By promoting and providing spaying /neutering to reduce or eliminate domestic animal overpopulation and the need for euthanasia. 7. By offering animal control services to surrounding communities to insure quality, protection, and safety. 8. By investigating alleged cases of abuse or neglect of animals and recommending prosecution when appropriate. 9. By being effectively managed and respected within the community as a leader in promoting the welfare of animals. 10. By having adequate resources and financial strength to achieve its purpose and retain the flexibility to respond to changing needs. 14 EXHIBIT "B" The Pasadena Humane Society (PHS) will perform the following: The PHS solely uses a humane approach towards the treatment, housing, nurturing, and as necessary, euthanization of animals. 2. The PHS will provide a variety of officers ranging from animal control to California State humane officers to respond to calls depending upon the nature of the call and the expertise required. 3. Before any animal is adopted from the PHS, volunteer staff screens interested applicants for adoption to assure of environmental suitability for the animal's welfare. 4. PHS will maintain Community Volunteer Program. 5. PHS will provide the staff and curriculum for a humane education program. Staff would encourage the development of a relationship between the PHS and the schools in the community. The PHS would either visit the school site with animals or host classrooms for children at the PHS facility. The PHS is also developing a speakers bureau where the PHS would visit community groups. 6. When undomesticated animals are found in neighborhoods, when possible, the PHS will provide a means to return the animals to the wild. 7. When animals are adopted from the shelter, quality sterilization services are a part of the adoption fee and will be performed in the PHS facility. 8. Whether a simple request for service or a response to a police or fire incident, the PHS staff will respond accordingly 24 hours per day, 7 days a week. 15