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HomeMy WebLinkAboutC-4418 VO-10 PROFESSIONAL SERVICES AGREEMENT FOR ANIMAL SHELTER AND ANIMAL CONTROL SERVICES (Pasadena Humane /City of Arcadia) THIS AGREEMENT ("Agreement") is made and entered into as of this 1st day of July, 2021 ("Effective Date"), by and between the CITY OF ARCADIA, a municipal corporation("City"), and the PASADENA HUMANE SOCIETY& SPCA, doing business as PASADENA HUMANE, a nonprofit corporation with headquarters at 361 South Raymond Avenue, Pasadena, CA 91105 ("Pasadena Humane"). WITNESSETH WHEREAS, Pasadena Humane is currently providing animal shelter and animal control services for City; and WHEREAS, City desires to maintain the services provided by Pasadena Humane and use the services, supplies, equipment, and facilities of Pasadena Humane in the enforcement and performance of the powers and duties as set forth in the City Municipal Code; and WHEREAS, Pasadena Humane is willing to provide such services, supplies, materials, and use of its equipment and facilities in the enforcement and performance of said powers and duties and to provide animal shelter and animal control services herein stated; and WHEREAS, Pasadena Humane represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein, City and Pasadena Humane do hereby agree as follows: 1.0 SERVICES PROVIDED BY PASADENA HUMANE 1.1 SCOPE OF SERVICES. Pasadena Humane shall perform the professional services identified in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference. City shall have the right to request, in writing, additional services beyond what is set forth in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase in compensation, shall be incorporated by written amendment to this Agreement. 1 identity. Pasadena Humane further certifies that it will not maintain any segregated facilities. 1.6.2 Pasadena Humane shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of this Agreement, state that it is an"Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, disability, sex, age, medical condition, marital status, or gender identity. 1.6.3 Pasadena Humane shall, if requested to so do by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, religious creed, color, national origin, ancestry, disability, sex, age, medical condition, marital status, or gender identity. 1.6.4 If requested to do so by the City, Pasadena Humane shall provide the City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. 1.6.5 Pasadena Humane agrees to recruit Pasadena residents initially and to give them preference, if all other factors are equal, for any new positions which result from the performance of this Agreement and which are performed within the City. 1.6.6 Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law. 1.6.7 The Pasadena Humane shall include the provisions set forth in paragraphs numbered 1.6.1 through 1.6.6 of subsection 1.6 of this Agreement, inclusive, in each of its subcontracts. 1.7 DELEGATION AND ASSIGNMENT. Pasadena Humane cannot assign or delegate or otherwise transfer this Agreement or the rights or duties contained herein to any individual, person or legal entity without the written consent of the City. Pasadena Humane may engage a subcontractor(s)as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Pasadena Humane's expense. 1.8 ANIMAL LICENSURE. Pasadena Humane shall issue City animal licenses for rabies vaccinated pets in compliance with licensing ordinances and fees as established by each individual City. One hundred percent of the revenue of the licensing service will be retained by Pasadena Humane. Such rates shall be established in accordance with all applicable State and local laws and as adopted by each individual City. 3 Each party to this Agreement would like to move towards a standardized rate for all of the Cities that Pasadena Humane serves. This standard rate may be determined by a licensing fee analysis and cost comparison,with recommended licensing rates to be agreed upon by all parties and ratified by the individual Cities. In the absence of this analysis and cost comparison, licensing rates shall be established as is current practice for each individual City. 2.0 COMPENSATION AND BILLING 2.1 COMPENSATION. In consideration for satisfactory and timely performance of all services provided to City under this Agreement, City shall pay Pasadena Humane $26,521.33 each month beginning July 1,2021, for fiscal year 2021- 2022 (for a total contract amount of$318,256),with a Consumer Price Index (CPI) (Los Angeles-Long Beach-Anaheim, CA)escalator for fiscal years 2022- 2023 and 2023-2024, 2024-2025, and 2025-2026, for the CPI as determined in June of the previous fiscal year. The escalator shall not exceed 3%on an annual basis. Pasadena Humane will retain 100%of all pet-licensing revenues and retain 100%of any animal impounds fees that Pasadena Humane may collect. 2.2 ADDITIONAL SERVICES. Pasadena Humane shall retain the proceeds for any additional fees for service. 2.3 METHOD OF BILLING. Pasadena Humane may submit invoices to City for approval on a progress basis, but no more often than monthly. City shall pay Pasadena Humane's invoice within forty-five (45) days from the date City receives said invoice. Any additional services outside the Scope of Service Exhibit"A"approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4 RECORDS AND AUDITS. Financial records of Pasadena Humane's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be provided to and made available to City for inspection and/or audit at mutually convenient times for a period of three (3)years from the Effective Date. Pasadena Humane shall provide to the City copies of its audited financial reports, annually, covering the period of this Agreement. 3.0 TIME OF PERFORMANCE 3.1 COMMENCEMENT AND COMPLETION OF WORK. The professional services to be performed pursuant to this Agreement shall commence from the Effective Date of this Agreement. Failure to commence work in a timely manner 4 and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2 EXCUSABLE DELAYS.Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God,pandemic, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0 TERM AND TERMINATION 4.1 TERM. The services provided pursuant to this Agreement shall begin on the Effective Date and continue for a period of five years, ending June 30, 2026, ("Termination Date"), unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2 APPOINTMENT. In accordance with the Arcadia Municipal Code Section 4128.1.5, City appoints Pasadena Humane as the Animal Shelter of City for the period beginning on the Effective Date and ending on the Termination Date, and hereby authorizes, directs, and empowers Pasadena Humane to perform during the term of this Agreement all the powers and duties conferred and imposed upon the Shelter Director by the Pasadena Municipal Code, applicable City policies and regulations, and state laws and regulations, as they may be amended from time to time. 4.3 ACCEPTING OF APPOINTMENT. Pasadena Humane shall during the term of this Agreement perform all the powers and duties conferred and imposed upon the Animal Shelter and Shelter Director, in compliance with all applicable City policies and regulations, and state laws and regulations, as they may be amended from time to time. 4.4 NOTICE OF TERMINATION. This Agreement may be terminated by either party by giving not less than 90 days written notice to the other party, except as referenced in Section 5.8 of this Agreement. The notice shall state the termination date. 4.5 COMPENSATION. City shall continue to pay Pasadena Humane pursuant to section 2.1 of this agreement each month through the termination date. 5.0 INSURANCE 5.1 MINIMUM SCOPE AND LIMITS OF INSURANCE. Pasadena Humane shall, at its own cost and expense, promptly secure and maintain during the life of this Agreement the following insurance: 5 5.I.I Comprehensive general liability insurance on an"occurrence" basis, including premises, operations,products and completed operations, property damage, blanket contractual liability, independent contractors, bodily injury and personal and advertising injury with a policy of not less than Two Million Dollars ($2,000,000)per occurrence. If a general aggregate limit applies,the general aggregate limit shall be twice the required occurrence limit. 5.1.2 Comprehensive automobile liability insurance for any owned, non-owned and hired vehicles used in the connection with the performance of this Agreement with a policy of not less than One Million Dollars ($1,000,000)per accident for bodily injury and property damage. 5.1.3 Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000)per accident for bodily injury or disease. 5.1.4 Professional errors and omissions ("E&O") liability insurance with policy limits of not less than Two Million Dollars ($2,000,000)per occurrence or claim, Two Million Dollars($2,000,000) aggregate. Pasadena Humane shall obtain and maintain said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2 If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 5.3 ENDORSEMENTS. Each policy of insurance required hereunder shall contain or be endorsed to contain the following: 5.3.1 "The City of Arcadia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to this subject project and Agreement with City." 5.3.2 "This policy shall not be cancelled, reduced, or otherwise modified without the insurance carrier giving the City a minimum of thirty (30) days'prior written notice." 5.3.3 "Any other insurance or self-insurance maintained by the City of Arcadia shall be in excess of and not contributing with the insurance provided by this policy." 6 5.4 WAIVER OF SUBROGATION. Pasadena Humane hereby grants City a waiver of any right to subrogation which any insurer of Pasadena Humane may acquire against City by virtue of the payment of any loss under such insurance. Pasadena Humane agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. 5.5 SELF-INSURED RETENTIONS. Self-insured retentions must be declared to and approved by City. City may require Pasadena Humane to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. 5.6 ACCEPTABILITY OF INSURERS. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII. 5.7 CERTIFICATES OF INSURANCE. Pasadena Humane shall submit to City a certificate of insurance and endorsements for each policy not less than one (1)day prior to beginning performance under this Agreement. However, failure to obtain the required documents prior to the work beginning shall not waive Pasadena Humane's obligation to provide them.Each certificate shall 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. City may require complete certified copies of any or all policies at any time. 5.8 FAILURE TO MAINTAIN REQUIRED INSURANCE. Failure to maintain required insurance at all times shall constitute a default and material breach of this Agreement. In such event, Pasadena Humane shall immediately notify City and cease all performance under this Agreement until further directed by City other than caring for animals impounded or quarantined at Pasadena Humane's shelter prior to termination. In the absence of satisfactory insurance coverage, City shall have the option to immediately terminate this Agreement. 5.9 SPECIAL RISKS OR CIRCUMSTANCES. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 5.10 NON-LIMITING.Nothing in this Section shall be construed as limiting in any way,the indemnification provision contained in this Agreement. 6.0 GENERAL PROVISIONS 6.1 ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes 7 any and all other prior writings and oral negotiations. This Agreement may only be modified in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document attached hereto, including exhibits to this Agreement. 6.2 DESIGNATED POINT OF CONTACT. Pasadena Humane shall designate an individual to be the point of contact for any and all operational issues involving the City. Pasadena Humane shall provide said individual's contact information, including name and telephone number upon execution of this Agreement. Likewise,the City shall designate an individual to be the point of contact for any and all operational issues involving Pasadena Humane. The City shall provide said individual's contact information, including name and telephone number upon execution of this Agreement. 6.3 BUSINESS LICENSE. Pasadena Humane shall maintain a business license as required by the City Municipal Code during the duration of this Agreement and pay any fees related thereto. 6.4 PASADENA TAXPAYER PROTECTION AMENDMENT. Under the provisions of the City of Pasadena Taxpayer Protection Amendment of 2000 ("Taxpayer Protection Act"),the Pasadena Humane will be considered a "recipient of a public benefit." The full provisions of the Taxpayer Protection Act are set forth in the Pasadena City Charter,Article XVII. Under the Taxpayer Protection Act, City public officials who approve this Agreement are prohibited from receiving gifts, campaign contributions or employment from Pasadena Humane for a specified time. As well, if this Agreement is to be approved by the City Council, Councilmembers or candidates for Council are prohibited from receiving campaign contributions during the time this Agreement is being negotiated. This prohibition extends to individuals and entities which are specified and identified in the Taxpayer Protection Act and includes Pasadena Humane and its trustees, directors,partners,corporate officers and those with more than a 10%equity, participation, or revenue interest in Pasadena Humane. Pasadena Humane understands and agrees that: 6.4.1 Pasadena Humane is aware of the Taxpayer Protection Act; 6.4.2 Pasadena Humane will complete and return the forms provided by the City in order to identify all of the recipients of a public benefit specified in the Taxpayer Protection Act; and 6.4.3 Pasadena Humane will not make any prohibited gift, campaign contribution or offer of employment to any public official who approved this Agreement. 6.5 This Agreement shall be governed by the laws of the State of California. 8 6.6 NOTICES.Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery; (b) at the time of certified delivery if such communication is sent through regular United States mail. IF TO CITY: City of Arcadia Police Department Attention: Roy Nakamura, Chief of Police 250 W. Huntington Drive. Arcadia, CA 91007 IF TO PASADENA HUMANE: Dia DuVernet, President& CEO The Pasadena Humane Society and SPCA 361 South Raymond Avenue Pasadena, CA 91105 6.7 ATTORNEY'S FEES. In the event that legal action is necessary to enforce or interpret the provisions of this Agreement,the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including attorney's fees from the opposing party in any amount determined by the court to be reasonable. 6.8 INDEMNIFICATION AND HOLD HARMLESS. Pasadena Humane shall protect, defend, indemnify, and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorneys' fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims arising out of or in any way connected with the intentional or negligent acts, error, or omissions of Pasadena Humane, its employees, agents, or subcontractors, including claims arising out of activities on City premises or facilities, in the performance of this Agreement. 6.9 INDEPENDENT CONTRACTOR. Pasadena Humane is, and shall at all times remain as to City, a wholly independent contractor. Pasadena Humane shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.Neither City nor any of its agents shall have control over the conduct of the Agreement. Pasadena Humane shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. 9 6.10 OWNERSHIP OF DOCUMENTS. All findings, reports, documents, information, and data including, but not limited to,computer hard drives and files furnished or prepared by Pasadena Humane or any of its subcontractors in the course of performance of this Agreement pursuant to the Scope of Services, shall be and remain the sole property of Pasadena Humane. Pasadena Humane agrees that any such documents or information shall be made available to the City for review. 6.11 PUBLIC RECORDS ACT DISCLOSURE. Pasadena Humane has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs, or files furnished or prepared by Pasadena Humane, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act(California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Pasadena Humane informs City of such trade secret. City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation,those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.12 RESPONSIBILITY FOR ERRORS. Pasadena Humane shall be responsible for its work and results under this Agreement. Pasadena Humane, when requested, shall furnish clarification and/or explanation as may be required by City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Pasadena Humane occurs,then Pasadena Humane shall, at no cost to City, provide all necessary professional services needed to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13 PROHIBITED EMPLOYMENT. Pasadena Humane will not employ any regular employee of City while this Agreement is in effect. 6.14 COSTS. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.15 NO THIRD-PARTY BENEFICIARY RIGHTS. This Agreement is entered into for the sole benefit of City and Pasadena Humane and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under, or to this Agreement. 6.16 HEADINGS. Any heading of the several paragraphs of this Agreement 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. 10 6.17 CONSTRUCTION. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement,this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.18 WAIVER. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.19 SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding,then both parties agree to substitute such provision(s)through good faith negotiations. 6.20 COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall be deemed an original irrespective of the date of the execution, and said counterparts shall together constitute one and the same agreement. 6.21 CORPORATE AUTHORITY. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so,the parties hereto are formally bound to the provisions of this Agreement. 6.21 ARBITRATION OF DISPUTES. Any dispute for under$50,000 arising out of or relating to the negotiation, construction, performance, nonperformance, breach or any other aspect of this Agreement, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof.Neither Party waives its right to object to the timeliness or sufficiency of any claim filed or 11 required to be filed against each other. The Parties both reserve the right to conduct full discovery. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by their duly authorized representatives as of the date of the first written above. ATTEST: CITY OF ARCADIA BY: '�JF�y / BY: City Clerk / Domini aretto City Manager BY: /� Roy Nakamura Chief of Police Approved as to Form: THE PASADENA HUMANE (� t SOCIETY & SPCA: BY: it ca.e, BY: 0 ��14✓v `_— Stephen P. eitsch Dia DuVernet, President & CEO City Attorney 12 EXHIBIT "A" Scope of Services 1.0 Scope of Services 1.1. Background Pasadena Humane shall provide all services necessary to perform the requirements specified in this Scope of Services (SOS). 1.2 Scope of Services Pasadena Humane will provide all staffing, equipment, and supplies needed to provide animal care and control services and will adhere to applicable federal, State and local laws, statutes, and ordinances regarding the humane care and treatment of animals. Animal care and control services will include: field services, sheltering services, medical services, reporting, and community programming and other services, including the following tasks: A. Field Services Activities involve trained field officers and dispatchers performing a variety of duties utilizing appropriate equipment. Services include: • Receive calls for service 24 hours per day, seven days per week through either Pasadena Humane dispatch or after-hours answering service and dispatch staff for field response as appropriate; • Respond to priority one calls no later than 90 minutes from dispatch, with 8 0%of all priority one calls responded to within 45 minutes of dispatch, 24 hours per day. Priority one calls include: o Seemingly vicious or dangerous animals that pose a public safety threat, o incidents in which a person has been injured by an animal at large, o calls regarding sick or injured animals at large, (both domestic and wild), o emergency situations that cannot be handled by on-duty police officers requiring animal control assistance, o requests for law enforcement support in cases such as animals of deceased persons or legally detained individuals, o predatory wildlife which pose a danger to the public until such time as California Fish and Wildlife can respond and clear the call, o loose livestock, o pick up of dead animals at the request of a police officer or City official when such service cannot be reasonably delayed until the next normal business day due to exigent circumstances such as public endangerment, attractive nuisance, or a shock to the public,and o any other clearly exigent circumstance. • Respond to routine calls for service, such as dogs at large, abuse/neglect complaints, and dead animals,within two hours between 8am to 8pm seven days per week. Routine calls received during non-business hours shall be handled by Pasadena Humane during the next business day. 13 • Assist and support the City's law enforcement operations when there may be animal related concerns. This includes but is not limited to providing animal control support during the execution of arrest and search warrants both inside and outside the City limits. The humane officer shall participate in the pre-warrant briefing in circumstances in which the City anticipates animal related concerns in advance. Pasadena Humane shall authorize at least one Level 1 Humane Officer, as defined in California Corporation Code 14502 for this purpose. • Attempt to return lost owned dogs with discernible form of owner identification to owner, or if owner cannot be located, impound; • Healthy community cats, defined as cats who are free-roaming, or feral, or outdoor barn or working cats who have no discernible form of ownership identification may be accepted for the purpose of spay/neuter, and if deemed appropriate by Pasadena Humane returned to their neighborhood/home territory, commonly referred to as TNRM (trap-neuter-return-monitor); • Remove dead land animals (limited to a maximum of 150 pounds)from public and private property and dispose of these animals (a reasonable fee may be charged for removal of dead animals from private property); • Dispatch an officer to assist with an owned pet surrender when there are exigent circumstances and/or after determining there are no reasonable means for a pet owner to bring their animal to shelter(a reasonable fee may be charged to the pet owner); • Share information with the public to assist community members with resources and tools to improve or maintain the health and welfare of animals in the community; • Enforce all animal related local ordinances, County codes and State laws. Issue administrative or criminal citations as appropriate. City agrees to furnish Pasadena Humane with a sufficient quantity of citation forms to perform this service. • Investigate cases for possible criminal prosecution, including misdemeanor and felony crimes. Collect evidence,prepare reports, and testify in court and other hearings if necessary; • Investigate animal nuisance complaints such as excessive barking and other violations. Provide investigative reports to the appropriate city entity for review and appropriate action. • Investigate reports of animal bites and, for City of Pasadena, quarantine animals for rabies observation for ten days from the time of the bite at their owner's residence, or pick up and hold the animal in quarantine at the Pasadena Humane shelter in an individual kennel where the animal will not have direct contact with other animals during its quarantine period. For animals outside of Pasadena notify the Los Angeles County Department of Rabies Control program so that their inspectors may quarantine the animal and, if desired,direct Pasadena Humane to house the animal during the quarantine period. If the animal should die during the quarantine period, Pasadena Humane shall immediately contact the presiding Public Health/Department of Health Services, as well as the animal's owner, if known. 14 • To the extent that aid is requested, available and necessary, respond to emergencies such as fires,earthquakes, floods, and other natural or manmade disasters to rescue and temporarily house animals, or to provide care for animals in evacuation zones. Pasadena Humane will not be obligated to provide aid and assistance where such provision would be disproportionately detrimental to the health, safety or welfare of its employees or the communities it serves. • In the case of an emergency call by the City Police Department to impound a legally detained individual's property, Pasadena Humane may assess a reasonable impoundment fee to the owner of the animal,to be collected at the time of pick- up. If any governmental entity, including the City, requests Pasadena Humane society to impound a particular animal or animals to be held as evidence in a jurisdictional proceeding or for any other purpose, Pasadena Humane may assess a reasonable impound fee to such governmental entity for any impound period for those species of animals not kept, stored, fed, maintained, or housed in the ordinary course or scope of business as an animal shelter(i.e. animals other than dogs, cats, rabbits, or other small pets). • Provide "Directed Patrol Services"as requested by the City, defined as patrol services intended for a specific area or problem for a limited duration for the purpose of addressing enforcement issues relating to animals. • When healthy kittens are found or reported, Pasadena Humane may ask the finding party to monitor the litter and/or ask the finder to foster and/or impound kittens. Any sick, injured or unhealthy kittens will be impounded by Pasadena Humane. Please note,Pasadena Humane does not respond to calls regarding healthy non-predatory wildlife. B. Shelter Services Represents services provided by Pasadena Humane to meet the needs of animals collected in the field within the boundaries of the City and animals relinquished or turned in at the Pasadena Humane facility that have originated within the boundaries of the City. Services are dedicated to providing: a comfortable and safe environment for all animals admitted regardless of how they came in,when they came in, or their age, health status and behavior, as well as providing accessibility to the public to obtain services and/or reclaim pets. Services include: • Provide food,water, and shelter for impounded animals daily, seven days per week; • Provide species-appropriate sheltering and enrichment to ensure sheltered pets are able to rest comfortably and are free to express normal behavior; • Provide behavior assessment and attempt to remediate problem behaviors; • Attempt to reunite lost pets with their owners; • Make best efforts to place every healthy and safe animal; • Animals found within the City may be turned in by appointment during regular business hours at the Pasadena Humane facility. Members of the public looking to turn in a found animal may, at the discretion of Pasadena Humane, be asked to help locate the owner by, including and not limited to, posting signs, checking 15 with neighbors, utilizing social media, up to when appropriate and safe holding the animal while performing the above actions; • After all other resources or alternatives have been exhausted and when impound is deemed the best agreed upon outcome for community members seeking assistance with their pet, owned animals may be surrendered at the shelter, by appointment based on capacity. Pasadena Humane will make every effort to collect a reasonable fee from owners surrendering their pets. • Where appropriate, healthy cats may be accepted for the purpose of spay/neuter, and if deemed appropriate by Pasadena Humane safely and appropriately returned to their neighborhood/home territory,commonly referred to as TNRM (trap- neuter-return-monitor); • Quarantine and observe animals for rabies and other diseases at the direction of the Department of Public Health; • Provide emergency response to pets displaced by wildfires or other disasters; • Hold animals that are the subject of criminal investigations or other legal or administrative proceedings; • Provide euthanasia services to impounded animals as deemed appropriate; • Properly dispose of deceased animals; • Maintain a website with pictures of impounded and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes; • Return any animal to the animal's owner or return cats to their neighborhood/home territory with or without impoundment if it is deemed by Pasadena Humane to be the best outcome for the animal; • Maintain regular hours of operation for the public seeking an appointment to find a lost pet, impound a found pet,or surrender an owned pet; • Microchip all dogs, cats and rabbits prior to reunification or placement, unless exigent circumstances such as animal illness delay or prevent service; • When healthy kittens are brought to the shelter, Pasadena Humane may ask the finding party to monitor the litter and/or ask the finder to foster and/or impound kittens. Any sick, injured or unhealthy kittens will be impounded by Pasadena Humane. C. Medical Services Represents services dedicated to providing medical services to animals in the shelter. Services include: • Provide access to licensed veterinary medical care, 24 hours per day, 7 days per week for impounded and sheltered animals; • Provide limited health screening examinations and, if deemed necessary by a shelter veterinarian,treatment to all animals entering the shelter. • Provide core vaccinations to cats and dogs and provide medical care to sheltered animals to ensure freedom from pain, injury or disease, and in accordance with standards of care set by the Association of Shelter Veterinarians Guidelines for Standards of Care in Animal Shelters. • Perform spay and neuter services for all dogs, cats and rabbits, unless a veterinarian certifies that the animal is too sick or injured, or that it would otherwise be detrimental to the health of the animal,to be spayed or neutered. 16 D. Reporting To ensure transparency Pasadena Humane will file annual reports to the State as required by law. Pasadena Humane will also provide the City with its audited financial reports covering the terms of this Agreement. The preparer of Pasadena Humane's audited financial reports shall satisfy the City as to the reasonableness, accuracy, and completeness of the audited financial reports. Pasadena Humane will provide the City with a monthly report that includes a summary of operations and activities, including the following: • Numbers of stray and deceased animals picked up in City • Animal control activities by type • Number of animal control service calls responded to within the City, including type of service. • Impound reports by species,wild and domestic • Animal intake total broken down by species for stray, seized, surrendered by owner,or otherwise, as well as duration of stay • Animal final disposition/outcome broken down by species with an animal description, including returned to owner, adopted, transferred to another agency, returned to field, died or lost in shelter, and euthanized o Euthanization data will include reason for euthanization • Kennel inventory • Summary of licensing outreach activities. • Number of low-cost spay and neutering services provided, including species, provided to City residents • Fee reports itemizing all license, impound, and other fees and penalties collected by Pasadena Humane Pasadena Humane will also provide an annual operations report summarizing services performed and operations conducted by Pasadena Humane during the prior year. stratified as to the geographic source of performance factor(i.e.,the Cities of Arcadia, Bradbury, La Canada Flintridge, Monrovia, Pasadena, San Marino, Sierra Madre, and South Pasadena). Incident Reporting Incident reports, such as allegations of animal bites or"nuisance animal" are provided to the Health Department, City Attorney's Office, and/or Code Compliance Office (depending on jurisdiction)for consideration of scheduling a hearing. E. Community Programming& Other Services Pasadena Humane is a safety net for the community's animals in need.As such, at no cost to the City, Pasadena Humane shall provide community education and diversion programs to promote: a) companion animals residing in loving families, and b) peaceful co-existence with wildlife. Services will include: • Provide low-cost public spay/neuter, vaccination clinics, and microchipping services; 17 • Based on availability of resources, provide emergency services to pet owners in distress, such as a pet-food pantry and temporary boarding; • Offer public education in animal behavior and animal training classes; • Operate humane education programs for youth; • Offer wildlife education through a variety of platforms; • As one of only two shelters in Southern California licensed to provide wildlife rehabilitation, offer rehabilitation services to injured and orphaned wildlife when there is a high probability that the animal can successfully be returned for survival in the wild after rehabilitation; • Issue City animal licenses for rabies vaccinated pets in compliance with terms contained in Professional Services Agreement for Animal Shelter and Animal Control Services . Pasadena Humane may charge the public fees, or waive fees with the exception of licensing fees,for these services at its sole discretion. City agrees to promote licensing,vaccination,spay/neuter,and microchipping of pets through City channels and forums, including and not limited to social media,website and printed materials at relevant City offices. 18