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HomeMy WebLinkAboutNovember 1, 1996 - June 30, 1997AGREEMENT 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," WITNES SETH: 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 Artidle 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; 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: I . POUNDMASTER APPOINTMENT /COMPLIANCE WITH CODE. City appoints Society as the Poundmaster of the City of Arcadia for the period beginning November 1, 1996, 1 and ending June 30, 1997, 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 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 eight months beginning on November 1, 1996, and ending June 30, 1997, 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 7:00 a.m. to 4:00 p.m., after 4:00 p.m. and Sundays on an as needed basis. The Society agrees to dispatch unarmed officers 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. 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 2 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 shall cooperate with the Arcadia Police Department and the City Attorney's Office with regard 3 to requested investigations concerning animal problems. The Society shall provide 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 607(F) of the California Civil 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 11 any violations or state or local animal control laws occurring within the City, including but not limited 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 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, 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 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 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 Iaw, and covenants not to sue, the City, its City Council and each member thereof, and its officers, R employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments, and expenses (including attorney's fees and costs of litigation) which in whole or in part result frn, 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 Iimitation, 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 employees or agents, and members of the general public). is. 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 $1,000,000 combined I 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 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. G 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 7 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 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 Iosses 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 9 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 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 $32,000. 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 for the term of this Contract, and by July 15th 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 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. & 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 E 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 of 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 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 10 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 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 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. I 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 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 said Municipal Animal Control Resolution. 30. WILD ANIMALS. When undomesticated animals, such as coyotes, raccoons, etc., are found in neighborhoods, when possible, the PHS 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: ATTEST: .o 7- %- 96 J i IC D. Alford, Cy Clerk APPROVED AS TO FORM: /,/ mo-'7� Michael H. MiI er, City Attorney 13 CITY OF ARCADIA By: — M&41 William R. Kelly, City Manager PASADENA HUMANE SOCIETY B v� h _� 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 like 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. S. 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: 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. 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