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HomeMy WebLinkAboutJuly 1, 1994 - June 30, 1995AGREEMENT 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, herein 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 thepowers 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 theenforcement and performance of said powers and duties and other related services as set forth in this Contract; 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, 1994 and ending June 30, 1995, and hereby authorizes, directs and empowers Society to perform all the powers and 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 perfom 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 1 year beginning on July 1, 1994, and ending June 30, 1995. 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 Agreement. 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 7.00a.m. to 4:00 p.m., after 4:00 p.m. and Sundays on an as needed basis. 6. PICKUP 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 7. ANIMAL BITES. With respect to known animal bites, Society agrees to investigate and, where appropriate, quarantine animals at theirowner's residence, or pick up and hold in quarantine animals involved in biting incidents. 8. PICKUP SERVICE HOURS. In addition to pick up service incidental to patrol service, Society agrees to provide the following service in response to telephonic or other verbal requests: A. Emergency pickup service 24-hours per day, seven 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. Pickup 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 withn the territory served by this Contract. 9. SPAYING OR NEUTERING. In the event that 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. Society shall cooperate with the Arcadia 9 Police Department and the City Attorney Office with regard to requested investigations concerning animal problems. II. 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 pickup and dispose of any dead animal from private property Mhin 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 or 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 safeholding 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 607(F) ofthe California Civil Code. All other animal control officers will either be so qualified or in the process of qualifications to be completed within twelve months from the time each is appointed as a humane officer by Society. All qualified human officers may issue notices to appear in court as prescribed by state law for any violations or state or local animal control laws occurring within the City including but not limited to violations of Artide 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 said City, the same shall be supplied by said City at its own cost and expense. Prior to filing a citation or criminal complaints, 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 & 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 quarantine at the Society will have a reasonable charge levied for care and feeding during quarantine. 16. BONDS. Society agrees to furnish, without charge to City, a fidelity bond, of a corporate surety satisfactory to City, covering its officers and employees, individually and collectively, in the aggregate amount of $5,000.00 for the benefit of City for the term of this Contract. 17. INDEMNITY. A. Society agrees to indemnify, hold harmless, rdease and defend (even if the allegations are false, fraudulent or groundless), to the naximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, E employees, commission members and representatives, fromany and all liability, loss, suits, claims, damages, costs, judgements and expenses (including attorneys's fees and costs of 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 ortrademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Society and its 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 $100,0001300,000150,000 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. C B. General Liability with minimum limits of at least $1,000p00 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 Personal Injury coverage is required. The City of Arcadia, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds 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 years shall be purchased if non - renewed within three (3) years of completion of performance under this Contract. Applicable aggregates must beidentified and claims history provided to determine amounts remaining under the aggregate. D. Society shall comply with the applicable sections of the California Labor 7 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 (2) Secure and maintain in force a policy of 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" form 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 City. F. Insurance shall be placed with insurers with a Best's rating of no less than JIM G. Prior to 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 it 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 8 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 and costs incurred, by judgement, 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. CONSIDERATION FOR SERVICES. City agrees to pay Society a total sum not to exceed $48,000. 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 furnish to the City Manager, monthly reports summarizing the operations conducted pursuant to this contract, and by July 15, following such year, a report summarizing its operations conducted pursuant to this contract for the term of this Contract. Said reports shall include a schedule of performance statistics covering said periods, containing performance Ine 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 deceased animals picked up within the City pursuant to this Contract. B. Society shall provide to City Manager copies of its audited financial reports 9 covering the period of this Contract. Should Societyfail 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 party by giving not less than 90 days' written notice to the other party. The notice shall state the terminate date. Notice to City shall be addressed to the City Manager at 240 W. 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 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 conlained 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 of 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 10 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 cbems 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 and 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 years after termination of the contract, or until an audit has been completed and 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 agreement constitutes the entire agreement of the IM 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 the Assistant to the City Manager or other designated City officials and the Society Director of Operations. 28. PERSONNEVIN SERVICE TRAINING. To perform this Contract, Society acknowledges the importance of assigning properly trained personnel with experience who will interface on a regular, reoccurring 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 training to the police department upon request of the Chief of Police, and other designated staff as required. 29. LICENSE AND IMPOUND FEES. City further agrees that Society may keep and retain any and all license and impound fees provided for by said Municipal Animal Control Resolution. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized representative as of the date set forth below. 12 Dated: ATTEST: =01 June D. Alford, lerk APPROVED AS TO FORM u-- Michael H. Miller City Attorney REVIEWED BY: 13 CITY OF ARCADIA By *r, 4 William R. Kelly Acting City Manager PASADENA HUMANE SOCIETY Title 361 South Raymond Avenue Pasadena, California 91105 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 The Pasadena Humane Society (PHS) will perform the following: 1. 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. The PHS will not canvass the City for license renewab. They will rely upon the mail. 4. The PHS facility will remain open nine hours per week longer than the Baldwin Park Facility. 5. 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. 6. PHS will maintain Community Volunteer Program. 7. 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 of children at their new facility. The PHS is also developing a speakers bureau where the PHS would visit community groups. 8. When undomesticated animals are found in neighborhoods, when possible, the PHS will provide a means to return the animals to the wild. 9. When animals are adopted from the shelter, quality sterilization services are a part of the adoption fee and will soon be performed in the new facility. 10. 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. 11. In an effort to encourage licensing, developprograms for humane awareness, and to promote the services of the PHS, staff is studying a mutual fundraising strategy for the schools and the City. 15 A0010. O IT� �QA 'ISSUE DATE (MMJDD /ti Y) INGHAM COATES & PAYNE, I NC CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BV THE 301 E COLORADO BLVD. #301 POLICIES BELOW. - IASADENA , CA 91101 COMPANIES AFFORDING COVERAGE 818- 795 -7575 COMPANY A LETTER NORTHBROOK PROP. & CAS. INS, COMPANY p LETTER 4 INSURED Pasadena Humane Society Attn: Steven R. McNall COMPANY C LFTTFR 361 S. Raymond Avenue COMPANv LETTER ETTER D CA 91 101 COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TC THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONC!TION CF ANY CONTRACT OROTHER DOCUMENT W!TIHRESPEC I T O'wHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ CO LTI TYPE OFWSURANCE PQLICYNUM13ER POLICYEFPECTIVE DATE(MM1DD /YY) POLIO YEXPIRATIO DATE(MM /DD /YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2 000 000 X PRODUCTS- COMP /OP AGE $ 1 000 000 A COMMERCIAL GENERAL LIABILITY CLAIMS MADEFx1 OCCUR. 95 540168 9/01/94 9/01/95 PERSONAL & ADV. INJURY $ 1 000 000 EACH OCCURRENCE $ 1,000.000 OWNER'S & CONTRACTOR'S ?ROT. FIRE DAMAGE (Any one lire) $ 50 000 MED. EXPENSE (Any one persor $ 5.000 X AUTOMOBILE LIABILITY ANY AUTO CA 0540169 9/01/94 9/01/95 COMBINED SINGLE LIMIT $ 1 000 000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY EXCESSLIADILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STAIUTURY LIMITS EACH ACCIDENT $ AND DISEASE - POLICY LIMIT $ E MPLO YERS'LIABiLITY DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEH ICLESISPECIAL ITEMS Additional Insured Endorsement Attached City of Arcadia Attn. Michael Miller City Attorney - 240 West Huntington Drive Arcadia, CA 91007 SHOULD ANY OF THE ABOVEOESCROED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYSWRITTENNOTICETOTHFCERTIFICATEHOLDERNAMEDTOTHE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENT A TIVES AUTHORIZED REPRESENT IVfyZ E -� TAYLOR 171518000 1 O r 4BG129 NRH 3 POLICY NUMBER: 95 540168 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF ARCADIA ATTN: M.MILLER, CITY ATTORNEY 240 W HUNTINGTON DR ARCADIA CA 91007 -3401 (If no entry appears above, information required to complete this endorsement will be shown in the Dec- larations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG2026 11 85 Copyright, Insurance Services Office, Inc., 1964 Page 1 of 1