WHEN DOCUMENT IS FULLY EXECUTED RETURN
CLERK'S COPY
to Riverside County Clerk of the Board, Stop 1010
Post Office Box 1147, Riverside, Ca 92502-1147
Thank you.
FIRST AMENDMENT TO CONTRACT
FOR ANIMAL SHELTER SERVICES
COUNTY OF RIVERSIDE
THIS FIRST AMENDMENT TO CONTRACT FOR ANIMAL SHELTER SERVICES ("First Amendment"), is made and entered into this 22nd day of April , 2010, by and between the CITY OF RIVERSIDE, a charter city and municipal corporation, hereinafter referred to as "City," and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, hereinafter referred to as "County," with respect to the following facts:
RECITALS:
WHEREAS, on July 1, 2007, City and County entered into that certain Agreement for Animal Shelter Services ("Agreement"), wherein County agreed to provide animal shelter services during the period of July 1, 2007 through June 30, 2012; and WHEREAS, City and County desire to amend the Agreement to 1) revise the Scope of Services to include animal licensing services effective July 1, 2009; 2) memorialize compensation paid to the County for services rendered during fiscal year 2008/2009; 3) add a user fee for the new animal shelter; 4) reduce performance requirements for fiscal year 2009/2010; 5) replace the reporting requirements in Exhibit C; 6) provide for the automatic incorporation of County's compensation for services on a fiscal year basis, as approved by the Riverside City Council through the adoption of the annual City budget; 7) allow for adoption of a commensurate increase or decrease in services, if necessary; and 8) extend the term of the Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by this reference, City and County agree as follows:
1. Section 6, "Term" of the Agreement is hereby amended in its entirety as follows:
"The initial term of this contract shall be from July 1, 2007, and terminating on June 30, 2035. The City may terminate this contract upon 45 days written notice to the County. Upon receipt of said notice of intent to terminate the contract, the County shall continue to provide Animal Shelter Services to the City for up to eighteen (18) months for the contract fee until the City is able to find a suitable replacement, provided the replacement services are in place within 18 months of the termination - 1 -
APR 20 2010 3.70
date, at which time the County may cease providing such services to the City unless otherwise agreed to. The County may terminate this contract with the same 45 day written notification. County will continue to provide the Animal Shelter Services for the contracted fee for up to eighteen (18) months for the contract fee until the City is able to find a suitable replacement, provided the replacement services are in place within 18 months of the termination date, at which time the County may cease providing such services to the City unless otherwise agreed to."
2. Section 15, "Compensation" of the Agreement is hereby amended to include the following payment provisions:
"For services rendered during the period of July 1, 2008 through June 30, 2009, City shall pay County an amount not to exceed $1,983,836, excluding therefrom the amount of $55,725 for performance deficiencies, in accordance with the Performance Requirements and Incentive/Remedy Structure, for a total revised amount of $1,928,111.
"Upon the operation of the new animal shelter facility located at 6851 Van Buren Boulevard, Riverside, California ("Facility"), but not before July 1, 2010, the City shall pay to County a per year use fee for the services that are to be provided at the Facility pursuant to this contract, which includes all custodial and maintenance associated with the Facility. A separate amount shall be charged and budgeted for City's share of the utilities. The user fee and utility breakdown is attached hereto on Exhibit "A-I" and incorporated herein by reference." The Agreement is hereby amended to include the attached Exhibit "A-1," Shelter Services Contract Budget, which is incorporated herein by this reference.
4. The Agreement is hereby amended to include the revised Performance Requirements and Incentive/Remedy Structure attached hereto as Exhibit "B-1", which is incorporated herein by this reference, effective through the remainder of the 2009/2010 fiscal year, and each fiscal year thereafter. City reserves the right to negotiate revised performance - 2 -
requirements for fiscal year 2010/2011 and each subsequent fiscal year of the Agreement thereafter.
5. The Agreement is hereby amended to replace Exhibit "C" - Reporting Requirements with Exhibit "C-1", which is incorporated herein by this reference.
The Agreement is hereby amended to include a new Exhibit "D" - "Animal Licensing Services," effective July 1, 2009, which is incorporated herein by this reference.
7. The Agreement is hereby amended to provide for the automatic incorporation of County's compensation for services on a fiscal year basis, as approved by the Riverside City Council through the adoption of the annual City budget. County's failure to notify City of possible budgetary overages in advance of any expenditure and to obtain City's written consent to such overages shall be at County's sole cost.
8. The Agreement is hereby amended to allow for the adoption of a commensurate increase or decrease in services, if necessary, upon the incorporation of county's compensation for services at the end of the fiscal year.
All terms and conditions of the Agreement not inconsistent with this First Amendment, shall remain in full force and effect and are incorporated herein by this reference as if set forth in full.
Signatures on following page
- 3 -
IN WITNESS WHEREOF, City and County have caused this First Amendment to Agreement for Animal Shelter Services to be duly executed on the day and year first above written.
CITY OF RIVERSIDE, a California COUNTY OF RIVERSIDE,
charter and municipal corporation a political subdivision of the State of California
By Belu Dichan,
City Manager
MARION ASHLEY
Name
Arrest. Cablica TICHAIRMAN, BOARD OF SUPERVISORS
City Clerk
APPROVED AS TO FORM:
By 11k utt Attest: DEPUTY
• Clerk of the Board
Supv. Deputy City Attorney
KECIA HARPER-IHEM
APPROVED AS TO FORM:
Bye.
WHEN DOCUMENT IS FULLY EXECUTED RETURN
CLERK'S COPY
to Riverside County Clerk of the Board, Stop 1010
Post Office Box 1147, Riverside, Ca 92502-1147
Thank you
-4 -
APR 2 0 2010 3,78
EXHIBIT A-1
Shelter Services Contract Budget
For Shelter Services, including Kennel Services, Veterinary Services and community outreach and education services
2009/2010 Fiscal Year: $1,928,111.00, payable in monthly installments of $160,676.00. 2010/2011 Fiscal Year: $1,757,402.00, payable in monthly installments of $146,450.16.
User Fee to be paid bi-annually, by thelst, on the months of July and December to begin on July 1, 2010 (the "Anniversary Date"):
Year July 1*t December 1st
Year 1: $162,500.00 $162,500.00
Year 2: $168,500.00 $168,500.00
Year 3: $175,000.00 $175,000.00
Year 4: $175,000.00 $175,000.00 + CPI increase as per the below language Years S-25: CPI adjustments annually applied to the prior year's User Fee The User Fee for years five (5) through (25) as per the above User Fee schedule shall be calculated annually based upon the percentage change in the Consumer Price Index as referenced below, and the fee shall be paid bi-annually, with fifty (50%) due on July 1" of each year and fifty (50%) due on December 1 of each year. In no event shall the User Fee calculated be less than the annual User Fee paid for the prior year of the Agreement.
Notwithstanding the provisions of Section 2, Exhibit A-1, herein, the annual User Fee shall be adjusted on the Anniversary Date by an amount equal to the percentage differential between the then current Consumer Price Index (Los Angeles-Anaheim- Riverside, All Urban Consumers, All Items published monthly by the U.S. Department of Labor) for the month in which such anniversary occurs and the Consumer Price Index for the same month in the preceding year; provided, however, that the annual adjustment herein shall not exceed three percent (3%) of the previous year. If the Consumer Price Index is discontinued or revised during the term hereof such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued
3. Utilities: City shall pay their pro-rata share (30.5%) of all utility expenses, including electricity, water/sewer and natural gas, if any. Utility bills shall likewise be paid bi- annually, by the lst, on the months of July and December. The utility bill shall not exceed $100,000.00 for years 1 through 3 and thereafter the parties shall renegotiate the fee.
- 5 -
EXHIBIT B-1
Performance Requirements and Incentive/Remedy Structure Attached.
- 6 -
COUNTY OF RIVERSIDE
Department of Animal Services
City of Riverside - Shelter Services
Performance Requirements and Incentive/Remedy Structure Work •
Breakdown Performance Acceptable Quality Assessment
Structure Task/Objectives Performance Metric
Levels (AQL) Method Incentive/Remedy Structure
Requirement: DAS to strive to maintain a DAS to create an action pian, rate of zero adoptable approved by the City, if goal is not animals euthanized in met.
accordance with the
DAS Euthanasia department euthanasia 100%
Chameleon report.
policy
Measurement: # of adoptable animals
euthanized
Quality metric: 0%
Requirement: improve customer service DAS to create an action plan, @ shelter. approved by the City, if goal is not
met.
The County will maintain Measurement: Customer survey
DAS Customer responses reporting 80% of average or
Service acceptable levels of outstanding/good/average
customer service. above.
customer service
Quality metric: % of customers who report
outstanding/good/average
customer service
Requirement: Maintain industry A review committee consisting of a standards for animal health representative from an auditing and welfare. Checklist agency, agreed to by both parties Measurement: Random visits by city- will audit the sheiter operations identified committee Meets expectations based on the categories that did not DAS Shelter Maintain industry standards
for animal health and members to complete a or better at a meet expectations.
Operation shelter operation checklist. minimum of 2 of 3 Operation welfare.
visits.
Shelter
Quality metric: Meets expectations or
better
1 EXHIBIT C-1
Reporting Requirements
County shall provide any and all reports required in Exhibit B-1 on or before August 1 of each year. Said reports shall be for the mandated Performance Requirements listed on Exhibit B-l and shall be for the previous fiscal year.
- 7-
EXHIBIT D
Animal Licensing Services
Attached
- 8 -
EXHIBIT D
ANIMAL LICENSING SERVICES
Department of Animal Services (DAS) shall provide the following:
Animal Licensing Services
Manage all aspects of the licensing process using the Chameleon database.
Manage veterinarian rabies reporting program
ii. Utilize administrative citation process for non-compliant residents. b. Implement a web-based licensing system with secure credit card payment option.
c. Require proof of ownership and vaccination history process for issuing dog licenses.
d. Provide all necessary supplies, including all necessary forms. e. Develop a process for delivery of new and replacement license tags. f. Deposit licensing revenues into a City approved account g. Develop a contingency plan for handling enhanced or expanded services related to dog licensing.
h. Maintain privacy of data according to applicable laws. i. City will approve all materials developed by DAS prior to disbursement. j. Coordinate with City staff to provide support for City Hall license sales.
2. Frequency and Service Delivery
a. Develop a systematic plan to provide regular licensing services to City of Riverside residents at a minimum of five (5) days per week, excluding Federal holidays.
b. Develop a schedule for mailing billings and renewals to customers. Track and record customer response to billings and renewals.
3. Geographic Area to be Served
a. Provide dog licensing services to residents of the City of Riverside. This agreement extends to any territory annexed to the City during the term of this agreement.
4. Reports
a. Develop a process for tacking licensing data and generating statistical reports. Keporting shall include, but not be limited to, specific data such as the name of the licensee, date of issuance, date of expiration/renewal, description of the dog and the serial number of the license issues; list of non-compliant veterinarians, general data such as the total number of licenses issued year to date, licenses due for renewal, and other criteria that may be required by law or otherwise requested by City. b. DAS shall develop a process for tracking revenue data and generating periodic financial reports. This shall include, but is not limited to, data pertaining fees collected for Spayed/Neutered dogs vs. Unaltered dogs, late fees, discounts for Seniors/Disabled/Multi-year.
c. All reports shall be provided on a monthly basis unless otherwise approved by City.
DATE: 4/22/10 3 3 2010
CONTRACTOR: County of Riverside
DESCRIPTION: Animal Control Field/Shelter Amendments, Sublease Amendment DEPARTMENT: PUBLIC WORKS
DEPT. HEAD APPROVAL: Auct
RETURN TO CITY CLERK'S OFFICE, EXT. 5557
COUNCIL/AGENCY
MEMBERS
CITY COUNCIL A
D
AND A
REDEVELOPMENT AGENCY 0-<
S
MINUTES R
TUESDAY, APRIL 20, 2010, 3 P.M.
ART PICK COUNCIL CHAMBER
CITY HALL
CITY OF
3900 MAIN STREET
RIVERSIDE
WARDS 1 2 3 4 5 6 7
AGREEMENT AMENDMENTS - COUNTY OF RIVERSIDE DEPARTMENT
OF ANIMAL SERVICES - 5950 WILDERNESS
Following discussion, the City Council (1) approved the first amendments to contracts with the County of Riverside Department of Animal Services for Fiscal Year 2010-11 for animal protection field services and shelter services and the sublease agreement for the building located at 5950 Wilderness Motion Avenue; and (2) authorized the City Manager, or his designee, to execute the Second agreements including making minor non-substantive changes. All Ayes
ORAL COMMUNICATIONS FROM THE AUDIENCE
Cindy Collins spoke regarding traffic signal improvements near Chemawa Middle School. Scott Andrews spoke regarding Habitat for Humanity Green Living Earth Day Festival. Phyllis Purcell spoke regarding residential foreclosures. Salvador Santana spoke regarding predators living in Riverside and health insurance.
MAYOR/COUNCILMEMBER COMMUNICATIONS
ECONOMIC SUCCESS REPORTS
Councilmember Hart reported on A-Z Printing. Councilmember Adams reported on Anytime Fitness.
STATUS REPORTS FOR REGIONAL ORGANIZATIONS
Councilmember Melendrez spoke regarding Riverside Transit Agency, March Joint Powers Commission, and Riverside County Community Action Commission. Councilmember Gardner spoke regarding March Joint Powers Commission. Councilmember Hart spoke regarding the League of California Cities.
BRIEF REPORTS ON CONFERENCES, SEMINARS, AND MEETINGS
ATTENDED BY MAYOR AND CITY COUNCIL
There was nothing to report at this time.
CITY ATTORNEY REPORT ON CLOSED SESSIONS
The City Attorney announced that the City Council authorized the City Attorney to initiate litigation on the closed session pursuant to Government Code §54956.9(c) and §54956.9(b)(1) to confer with and/or receive advice from legal counsel concerning two cases of anticipated litigation. Once litigation is formally commenced, the names of the defendants and other particulars will be disclosed to any person upon inquiry, unless to do so would jeopardize the City's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize the City's ability to 95-296
DOCUMENT TRANSMITTAL FORM
TO: CITY CLERK'S OFFICE
FROM: CITY ATTORNEY'S OFFICE
DATE: April 15, 2010
CONTRACTOR/LESSOR: County of Riverside
0102
PROJECT DESCRIPTION/BID NO.: First Amendment to Contract for Animal Shelter Services Approved by [City Councill [Agency] on
X Anticipated (City Council] Agency] future agenda of April 20, 2010 95-296 No [City Council] [Agency] action required
Insurance required: Bonds required:
No X No
Yes, as attached Yes, as attached
Yes, withhold execution until received Yes, withhold execution until received Type of Insurance required (unless waived by the Risk Manager):
Commercial General Liability
Auto
Professional Liability Dept. Head Approval:
Workers' Compensation
Additional insured Endorsement 1 Attached [ ] Sig. Pg
Other:
[ ] Rea'std
Business Tax Certificate Required:
Yes, current through
Yes, withhold execution until provided
No, exempted by RMC § 5.04.090
Agreement date(s):
[City Council] [Agency] Approval Date:
Date City/Agency Executes 4-22-10
Other:
Comments: City Manager to sign and City Clerk to attest both originals. Please return both originals to Jenna Combs in Public Work for County's signature.
Department: Public Works
Contact person: Jenna Combs
Approved as to form by: Kristi J. Smith, Supervising Deputy City Attorney Date Approved: April 15, 2010
CA#: 07-1250.1
c: Purchasing Division
Business Tax
Risk Management
Originating Department: Public Works