BACKGROUND AND ANALYSIS:
Animal Shelter Services Agreement with Westminster Adoption Group and Services
In May of 2022, the Seal Beach City Council directed the Seal Beach Police Department to provide in-house animal control services for the Seal Beach community. Previously, the City of Long Beach Animal Control provided animal control services to Seal Beach. As part of the transition to in-house animal control services, a Request for Proposals was sent to several local animal shelters. Based on the specific needs of Seal Beach, and the responses received to the Request for Proposals, the Westminster Adoption Group and Services (“WAGS”) was selected as the best provider for Seal Beach animal control services.
WAGS is experienced in providing such Animal Shelter Services for municipal corporations and is able to provide personnel with the requisite experience and background to carry out these duties. WAGS has proposed a two-year agreement, which would extend from July 1, 2023 through June 30, 2025. The Agreement also provides the City with an option to elect to extend the services for up to three oneyear extensions.
Friends of Seal Beach Animal Care Center
On September 27, 2004, the Redevelopment Agency of the City of Seal Beach (“RDA”) entered into a Purchase and Sale Agreement with the Friends of Seal Beach Animal Care Center, Inc. (“SBACC”), whereby the RDA sold certain real property located at 1700 Adolfo Lopez Drive, Seal Beach, Ca 90740 (the “Property”) for $1 dollar, on condition that SBACC provide animal shelter services for the City and to the general public at the Property. The Purchase and Sale Agreement also provides that if SBACC ceases to provide all animal shelter services, the Property will revert to the City.
In accordance with the Purchase and Sale Agreement, the SBACC has been providing animal control services for the City and general public at the Property pursuant to an Agreement for Animal Shelter Operation dated December 1, 2004.
The Animal Shelter Operation Agreement allows either party to terminate that agreement on two-years’ notice, but also requires, consistent with the Purchase and Sale Agreement, that the Property will revert to the City if all animal shelter services cease at the property.
In light of the City’s transition to in-house animal control services effective July 1, 2023, and upon approval of the Agreement with WAGS for them to provide animal shelter services for the City, the SBACC Animal Shelter Operation Agreement is no longer necessary, and staff recommends that the City terminate the SBACC Animal Shelter Operation Agreement. SBACC has advised the City that they have waived the two-year notice requirement for termination of the Animal Shelter Operation Agreement; and has further confirmed their intention to continue to
provide animal shelter services to the general public, as required by the 2004 Purchase and Sale Agreement. As a result, the termination of the SBACC Animal Shelter Operation Agreement will not cause the reversion of the property back to the City.
Staff also recommends that the City Council authorize the City Manager to notify SBACC of the City’s termination of the Animal Shelter Operation Agreement and authorize the City Manager to execute any additional agreements and other documents that may be necessary to memorialize SBACC’s continuing obligation to provide animal shelter services to the general public, in accordance with the Purchase and Sale Agreement.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The cost of the two-year WAGS Agreement is as follows. Basic animal shelter services will be provided at a not-to-exceed amount of $72,000.00 for the first year of services of the two-year Original Term. Additional services outside of that monthly amount include (1) emergency medical services within the first 72 hours of care, which will be provided up to the not-to-exceed amount of $350 per animal per year except as authorized by the City Manager or designee in writing in advance; and (2) a Trap Neuter Release (TNR) Program for cats at the rate of $20.00 per male cat and $50.00 per female cat; and those two sets of additional costs will not exceed a total of $5,000 for all animals for the first year. These costs have been included in the Fiscal Year 2023-24 budget.
The second year will be for the same services. Basic animal shelter services will be billed at the not-to-exceed amount of $72,000.00 per year, as adjusted for inflation based on the lesser of the increase in CPI or 3%. Emergency medical care provided in the first 72 hours of care and the TNR Program will be billed the same as the first year, up to a maximum of $5,000 for the second year.
If the City elects to extend the Agreement beyond the Original Term, basic animal shelter services will be billed at the not-to-exceed amount of the prior year as adjusted by the lesser of the increase in CPI or 3%. Emergency medical care provided in the first 72 hours of care and the TNR Program will be billed the same as the first year, up to a maximum of $5,000, for each extension.
In the event of the recovery of multiple animals due to a hoarder/breeder, subject to prior approval of the City Manager, WAGS will be compensated for medical
examinations, cost of care and spaying/neutering services as follows: (a) for more than 25 animals in one case. a one-time stipend of $5,000; (b) for more than 50 animals in one case, a one-time stipend of $10,000; (c) for more than 75 animals in one case, a one-time stipend of $15,000; and (d) for over 100 boarded animals in one case, a one-time stipend of $25,000.
Termination of the SBACC Agreement will result in savings of approximately $9,000 per year.
STRATEGIC PLAN:
This item in not applicable to the City of Seal Beach Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7426:
1. Approving and authorizing the City Manager to execute the Agreement with the Westminster Adoption Group and Services (“WAGS”) to provide animal control and shelter services for the City of Seal Beach for a two-year term; with the option to extend the Agreement for up to three additional one-year terms, for basic animal shelter services at the not-to-exceed amount of $72,000 for the first year; for basic animal shelter services for each subsequent year for the not-to-exceed amount of $72,000 as adjusted by the lesser of inflation or 3% for each additional year; and for additional services for specified emergency medical care and a TNR Program as elected by the City at the not-to-exceed total amount of $5,000 per year; and allowing the City Manager to authorize payments as outlined in the event of hoarder/breeder animals; and
2. Terminating the 2004 Agreement for Animal Shelter Operation between the Friends of Seal Beach Animal Care Center, Inc. (“SBACC”) and the City on condition that SBACC continue to provide animal shelter services for the general public at the subject property in accordance with the 2004 Purchase and Sale Agreement; and authorizing the City Manager to notify SBACC of the termination of the Agreement; and
3. Authorizing the City Manager to execute all other necessary agreements and documents for SBACC’s continued provision of animal shelter services for the general public at the subject property, in accordance with the 2004 Purchase and Sale Agreement.
SUBMITTED BY: NOTED AND APPROVED:
Michael Henderson Jill R. Ingram
Michael Henderson, Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Nick Nicholas, Support Services Bureau Captain ATTACHMENTS:
A. Resolution 7426
B. Westminster Adoption Group and Services (“WAGS”) Contract RESOLUTION 7426
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE AGREEMENT FOR
ANIMAL SHELTER SERVICES WITH WESTMINSTER
ADOPTION GROUP AND SERVICES AND TERMINATING
AGREEMENT FOR ANIMAL SHELTER OPERATION WITH
FRIENDS OF SEAL BEACH ANIMAL CARE CENTER, INC.
WHEREAS, in May 2022, the Seal Beach City Council directed the Seal Beach Police Department to provide in-house animal control services for the Seal Beach community; and,
WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and, WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including without limitation, architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services; and,
WHEREAS, on January 31, 2023, the City issued a Request for Proposals from qualified firms and organizations to provide professional animal shelter services for the City, with services to commence July 1, 2023; and,
WHEREAS, based on the City’s review of all proposals received, the City has determined that the Westminster Adoption Group and Services (“WAGS”) is most qualified to perform animal shelter services for the City; and,
WHEREAS, City and WAGS desire to enter into an Agreement for WAGS to provide animal shelter services for the City for a two-year term; and, WHEREAS, the City and the Friends of Seal Beach Animal Care Center, Inc. (“SBACC”) are parties to a Purchase and Sale Agreement dated September 23, 2004 (“Purchase and Sale Agreement”) whereby the City transferred ownership of certain real property located at 1700 Adolfo Lopez Drive, Seal Beach, Ca 90740 (the “Property”) to SBACC for $1 dollar on condition that SBACC provide animal shelter services for the City and general public at the Property; and,
WHEREAS, the Purchase and Sale Agreement further provides that only animal shelter services may be performed on the Property, and that the Property shall revert to the City if SBACC ceases providing all animal shelter services at the Property; and, WHEREAS, in accordance with the Purchase and Sale Agreement, the City and SBACC entered into an Agreement for Animal Shelter Operation dated December 1, 2004, (“Animal Shelter Operation Agreement”) for SBACC to provide animal shelter services for the City and general public on the Property; and such Animal Shelter Operations Agreement provides that either party may terminate the Animal Shelter Operation Agreement upon two-years notice; and,
WHEREAS, in light of the City’s decision to have the Seal Beach Police Department provide in-house animal shelter services for the Seal Beach, it is no longer necessary for SBACC to provide animal shelter services for the City; and, WHEREAS, pursuant to the Purchase and Sale Agreement, SBACC’s obligation to continue to provide animal shelter services at the Property for the general public remains necessary and only animal shelter services may be performed at the Property; and should SBACC cease providing all animal shelter services, then the Property will revert to the City under the Purchase and Sale Agreement; and,
WHEREAS, SBACC has notified the City that they have waived the two-year notice requirement for termination of the Animal Control Operations Agreement, and has informed the City of its willingness to continue to provide animal shelter services to the general public at the Property in accordance with the Purchase and Sale Agreement NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the Agreement for Animal Shelter Services with Westminster Adoption Group and Services (“WAGS”) as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as though set forth in full, with a two-year term extending from July 1, 2023 through June 30, 2025, with the option to extend the Agreement for up to three additional one-year terms, and providing WAGS with compensation for basic animal shelter services in the not-to-exceed amount of $72,000 for the first year of the term; providing WAGS with compensation for basic animal shelter services for each subsequent year for the not-to-exceed amount of $72,000 as adjusted by the lesser of inflation or 3% for each additional year; providing WAGS with compensation for additional services for specified emergency medical care and a TNR Program as elected by the City at the not-to-exceed total amount of $5,000 per year; and allowing the City Manager to authorize payments as outlined in the event of hoarder/breeder animals.
Section 2. The City Council hereby authorizes the City Manager and City Attorney to make minor revisions to the WAGS Agreement that do not increase the nonto-exceed amounts for services set forth above.
Section 3. The Council hereby directs the City Manager to execute the Agreement for Animal Shelter Services with WAGS on behalf of the City.
Section 4. The Council hereby approves termination of the Agreement for Animal Shelter Operations dated December 1, 2004 (“Animal Shelter Operations Agreement”), between the City and SBACC, on condition that SBACC continue to provide animal shelter services for the general public at 1700 Adolfo Lopez Drive, Seal Beach, Ca 90740 (the “Property”) in accordance with the Purchase and Sale Agreement dated September 23, 2004 (“Purchase and Sale Agreement”).
Section 5. The Council hereby authorizes the City Manager to notify SBACC that the City has terminated animal Shelter Operations Agreement on condition that SBACC is required to continue to provide animal shelter services for the general public at the Property in accordance with the Purchase and Sale Agreement.
Section 6. The Council authorizes the City Manager to execute any and all other necessary contracts and agreements to implement the termination of the Animal Shelter Operations Agreement with SBACC including their continued performance of animal shelter services for the general public at the Property.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 26th day of June, 2023 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Thomas Moore, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7426 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 26th day of June, 2023.
Gloria D. Harper, City Clerk
AGREEMENT
for
Animal Shelter Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Westminster Adoption Group and Services (“WAGS”)
6621 Westminster Boulevard
Westminster, CA 92683
(714) 887-6156
This Agreement for Animal Shelter Services (“the Agreement”) is made as of June 26, 2023 (the “Effective Date”), by and between WESTMINSTER ADOPTION GROUP AND SERVICES (“CONTRACTOR”), a California non-profit public benefit corporation, and the City of Seal Beach (“CITY”), a California charter city, (collectively, “the Parties”). 2 of 25
RECITALS
WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), CITY released a Request for Proposals (“RFP”) on January 19, 2023, for Animal Shelter Services, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference as though set forth in full. In response to the RFP, CONTRACTOR submitted a proposal dated March 2, 2023, to provide Animal Shelter Services, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference as though set forth in full; and
WHEREAS, CITY desires to engage CONTRACTOR to provide Animal Shelter Services to the City of Seal Beach, as described and set forth in CITY’s Request for Proposal (Exhibit A); and
WHEREAS, CONTRACTOR is experienced in providing such Animal Shelter Services for municipal corporations and is able to provide personnel with the requisite experience and background to carry out these duties; and WHEREAS, CITY desires to engage CONTRACTOR as an independent contractor to provide Animal Shelter Services to CITY, and CONTRACTOR desires to serve CITY to perform those professional services in accordance with the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
I. SERVICES TO BE PERFORMED
A. CONTRACTOR shall provide those services (collectively “Services”) contained within the Request for Proposals attached hereto as Exhibit A, CONTRACTOR’s Proposal dated March 2, 2023, attached hereto as Exhibit B, and WAGS Contracted Monthly Services Fee Details dated June 22, 2023, attached as Exhibit C, which such exhibits are incorporated herein by this reference as though set forth in full.
B. In the event of any conflict or inconsistency between the terms of this Agreement, Exhibit A (Request for Proposals), Exhibit B (CONTRACTOR’s Proposal), and Exhibit C (WAGS Contracted Monthly Services Fee Details), the Order of Precedence shall be as follows: (i) this Agreement, and then (ii) Exhibit A (the Request for Proposals), and then (iii) Exhibit C (WAGS Contracted 3 of 25
Monthly Services Fee Details), and then (iv) Exhibit B (CONTRACTOR’s Proposal).
C. CONTRACTOR will not be compensated for any work performed not specified in the Scope of Services unless the CITY authorizes such work in advance and in writing. It is specifically understood that oral requests or approvals of such additional services, change orders, or additional compensation and any approvals from CITY shall be barred and are unenforceable. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.
II. TIME FOR PERFORMANCE; TERM; EXTENSIONS
A. Commencement of Services.
CONTRACTOR shall begin work on July 1, 2023, following execution of this Agreement by CONTRACTOR and CITY.
B. Term.
The term of this Agreement shall commence on July 1, 2023, and shall remain in full force and effect for two years (“Original Term”), and shall expire at midnight on June 30, 2025, unless sooner terminated or extended as provided by this Agreement.
C. Extensions.
CITY, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to three (3) additional terms of one year each (“extension”), by providing written notice to CONTRACTOR at least one month prior to the expiration of an existing term. If timely elected by CITY, the first extension shall have a term extending from July 1, 2025 through and including June 30, 2026, unless sooner terminated or extended pursuant to this Agreement. If timely elected by CITY, the second extension shall be from July 1, 2026 through and including June 30, 2027, unless sooner terminated or extended pursuant to this Agreement. If timely elected by CITY, the second extension shall be from July 1, 2027 through and including June 30, 2028, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and CONTRACTOR’S authorized representatives. Service of a notice of extension by CITY shall not prevent either party from issuing a notice of termination pursuant to Section VII of this Agreement.
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III. PERFORMANCE TO REASONABLE SATISFACTION OF CITY
CONTRACTOR agrees to perform all work to the reasonable satisfaction of CITY and within the time hereinafter specified. Evaluations of the work will be done by the or his/her designee. If the quality of work is not reasonably satisfactory, CITY, in its discretion, has the right to:
A. Meet with CONTRACTOR to review the quality of the work and resolve the matter(s) of concern;
B. Require CONTRACTOR to reproduce the work at no additional fee until it is satisfactory; and/or
C. Terminate the Agreement as hereinafter set forth.
IV. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with the requirements of relevant local, State, and Federal laws.
V. FAMILIARITY WITH WORK
By execution of this Agreement, CONTRACTOR warrants that:
A. It has thoroughly investigated and considered the work to be performed;
B. It possesses any and all licenses which are required under State or Federal law to perform the work contemplated by this Agreement, and shall maintain all appropriate licenses during the performance of this Agreement; C. It has expertise in the area of providing program management professional services;
D. It carefully considered how the work should be performed; and E. It fully understands the difficulties and restrictions attending the performance of the work under this Agreement.
VI. COMPENSATION
A. Original Term.
For the provision of the Services rendered under this Agreement in accordance with the Scope of Services set forth in Section I and attached hereto as Exhibit A, Exhibit B, and Exhibit C, and all expenses associated therewith, CITY shall pay CONTRACTOR the amounts specified under CONTRACTOR’s WAGS Contracted Monthly Services Fee Details, included in Exhibit C, and 5 of 25
CONTRACTOR’s Cost Proposal, included in Exhibit B, attached hereto, in accordance with the terms and conditions set forth in this Subsection.
1. First Year (Original Term). Except as provided in
Paragraph 3 of this Subsection A, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details set forth in Exhibit C) and the Cost Proposal set forth in Exhibit B for the Services but in no event will the CITY pay more than $6,000 (Six Thousand dollars and 00/100) per month or the total not-to-exceed amount of $72,000 (Seventy-Two Thousand dollars and 00/100) for basic animal shelter services the first year of the Original Term.
2. Second Year (Original Term). Except as otherwise provided in Paragraph 3 of this Subsection A, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details (Exhibit C) and the Cost Proposal set forth in ExhibitB for the Services as adjusted by the lesser of the increase in the Consumer Price Index (“CPI”) as defined in Subsection C, or three percent (3%), and in no event will CITY pay more than the total not-to-exceed amount of $74,160 (Seventy-Four Thousand One Hundred Sixty dollars and 00/100) for the second year of the Original Term.
3. Emergency Medical Care and TNR Program (Original Term).
For emergency medical care within the first 72 hours of care by CONTRACTOR, CITY will pay CONTRACTOR the not-to-exceed amount of $350 (Three Hundred Fifty dollars) per animal; and for a Trap Neuter Release (“TNR”) Program for cats as elected by CITY, at the rate of $20.00 per male cat and $50.00 per female cat; and those two sets of additional costs will not exceed the total not-to-exceed amount of $5,000 (Five Thousand Dollars) for all animals per year, for each year of the Original Term, except as otherwise authorized in writing in advance by the City Manager or her designee.
4. Hoarder/Breeder Animals (Original Term): For
hoarder/breeder animals brought to CONTRACTOR, subject to the prior approval of the City Manager, CONTRACTOR will be compensated for medical examinations, cost of care and spaying/neutering services as follows: (a) for more than 25 animals in one case. a one-time stipend of $5,000 (Five Thousand dollars and 00/100); (b) for more than 50 animals in one case, a one-time stipend of $10,000 (Ten Thousand dollars and 00/100); (c) for more than 75 animals in one case, a one-time stipend of $15,000 (Fifteen Thousand dollars and 00/100); and (d) for over 100 boarded animals in one case, a one-time stipend of $25,000 (Twenty-Five Thousand dollars).
B. Extensions.
For the provision of the Services rendered under this Agreement during each extension (as defined in Subsection C of Section II), in accordance with the Scope of Services set forth in Section I, CITY shall pay CONTRACTOR the 6 of 25
amounts specified under the WAGS Contracted Monthly Services Fee Details (Exhibit C) and the CONTRACTOR’s Cost Proposal, included in Exhibit B, as adjusted in accordance with the terms and conditions set forth in this Subsection.
No adjustment amount shall be due, owing or paid to CONTRACTOR by CITY until approved in writing, in advance, by the City Manager.
1. First Extension. Except as provided in Paragraph 4 of this Subsection B, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details (Exhibit C) and the Cost Proposal for the Services as adjusted by the lesser of the increase in the CPI (as defined in Subsection C) or three percent (3%), and in no event will CITY pay more than the total not-to-exceed amount of $76,384.80 (Seventy-Six Thousand Three Hundred Eighty-Four dollars and 80/100) for the first extension.
2. Second Extension. Except as provided in Paragraph 4 of this Subsection B, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details (Exhibit C) and the Cost Proposal for the Services as adjusted by the lesser of the increase in the CPI (as defined in Subsection C) or three percent (3%), and in no event will CITY pay more than the total not-to-exceed amount of $78,676.35 (SeventyEight Thousand Six Hundred Seventy-Six dollars and 35/100) for the second extension.
3. Third Extension. Except as provided in Paragraph 4 of this Subsection B, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details (Exhibit C) and the Cost Proposal for the Services as adjusted by the lesser of the increase in the CPI (as defined in Subsection C) or three percent (3%), and in no event will CITY pay more than the total not-to-exceed amount of $81,036.64 (Eighty-One Thousand Thirty-Six dollars and 64/100) for the third extension.
4. Emergency Medical Care and TNR Program (Extensions).
For emergency medical care within the first 72 hours of care by CONTRACTOR, CITY will pay CONTRACTOR the not-to-exceed amount of $350 (Three Hundred Fifty dollars) per animal; and for a Trap Neuter Release (“TNR”) Program for cats, as elected by CITY, at the rate of $20.00 per male cat and $50.00 per female cat; and those two sets of additional costs will not exceed the total not-toexceed amount of $5,000 (Five Thousand Dollars) for all animals for each oneyear extension, except as otherwise authorized in writing in advance by the City Manager or her designee.
5. Hoarder/Breeder Animals (Extensions): For hoarder/breeder animals brought to CONTRACTOR. subject to the prior approval of the City Manager, CONTRACTOR will be compensated for medical examinations, cost of care and spaying/neutering services as follows: (a) for more than 25 animals in one case. a one-time stipend of $5,000 (Five Thousand dollars and 00/100); (b) for more than 50 animals in one case, a one-time stipend of $10,000 (Ten 7 of 25
Thousand dollars and 00/100); (c) for more than 75 animals in one case, a onetime stipend of $15,000 (Fifteen Thousand dollars and 00/100); and (d) for over 100 boarded animals in one case, a one-time stipend of $25,000 (Twenty-Five Thousand dollars).
C. Consumer Price Index.
As used in this Section VI, “Consumer Price index” means the Consumer Price Index for All Urban Consumers (CPI-U): for Los Angeles-Long BeachAnaheim, CA (1982-84 = 100) All Items as most recently reported by the Bureau of Labor Statistics for the 12 month period extending backwards from the most recent June 30th to the previous July 1st.
D. Additional Services.
1. For any additional services, change orders or any additional compensation of any nature to be proposed for payment to CONTRACTOR by CITY, such modification of this original Agreement shall be a written request executed by CONTRACTOR and approved in writing by CITY.
2. It is specifically understood that oral requests or approvals of such additional services, change orders, or additional compensation and any approvals from CITY shall be barred and are unenforceable.
E. Payment Procedure.
1. CONTRACTOR shall submit to CITY monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. Within ten (10) working days of receipt of such invoice, CITY shall determine whether CONTRACTOR has satisfactorily performed the work described in the invoice. CITY will thereafter pay CONTRACTOR on a quarterly basis. CITY will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to CONTRACTOR.
2. Upon 24-hour notice from CITY, CONTRACTOR shall allow CITY or CITY’S agents or representatives to inspect at CONTRACTOR’S offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement. CITY’S rights under this Section shall survive for three (3) years following the termination of this Agreement.
VII. TERMINATION
A. Termination by City.
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1. Notwithstanding any other provision of this Agreement, this Agreement may be terminated with or without cause by CITY at any time by providing CONTRACTOR with written notice of termination no less than sixty (60) calendar days in advance of such termination.
2. Notwithstanding any other provision of this Agreement, this Agreement may be terminated by City upon 10 days’ notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.
B. Termination by Contractor.
This Agreement may be terminated by CONTRACTOR by providing CITY with written notice no less than sixty (60) calendar days in advance of such termination.
C. Obligations Upon Termination.
Unless otherwise specified in the notice of termination, CONTRACTOR shall cease all work under this Agreement immediately upon receipt of notice of termination from CITY under Subsection A, or immediately upon CITY’S acknowledgment of receipt of CONTRACTOR’S notice of termination to CITY under Subsection B. Upon termination, CITY shall be immediately given title to and possession of all Work Product (as defined in Section XIII(A) of this Agreement) produced or developed pursuant to this Agreement up to the date of termination. Provided that CONTRACTOR is not then in breach, CITY shall pay CONTRACTOR for any portion of the Services completed as of the date of termination, prorated as to the percentage of work completed as of the date of termination. CITY shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall CONTRACTOR be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and CONTRACTOR shall not be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the Services up to date of termination. CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation, loss of profits or any other damages.
VIII. COORDINATION OF WORK
A. Selection of Representatives.
The following principal of CONTRACTOR is hereby designated as the principal and representative of CONTRACTOR authorized to act in its behalf with respect to the work specified in this Agreement:
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1. Michelle Russillo
The foregoing principal may not be changed by CONTRACTOR without the express written approval of CITY.
B. CITY Representatives.
CITY’s representative shall be the City Manager, or such other person as designated by the City Manager of CITY. It shall be CONTRACTOR’s responsibility to assure that CITY’s representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decision, which must be made by CITY, to CITY’s representative. Unless otherwise specified herein, any required CITY approval shall mean the approval of CITY representative.
IX. INDEPENDENT CONTRACTOR
A. CONTRACTOR Status.
1. CONTRACTOR is an independent contractor and not an
employee of CITY. Neither CITY nor any of its officials, officers, employees or agents shall have any control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, volunteers or other personnel, except as herein set forth, and CONTRACTOR expressly warrants not to, at any time or in any manner, represent that CONTRACTOR, or any of CONTRACTOR’s officers, employees, agents, volunteers or independent contractors are in any manner officers, employees, or agents of CITY. It is distinctly understood that CONTRACTOR is, and shall at all times, remain as to CITY a wholly independent contractor, and that CONTRACTOR’s obligations to CITY are solely such as are prescribed by this Agreement.
2. CITY shall not have the right to control the means by which CONTRACTOR accomplishes service rendered pursuant to this Agreement.
CONTRACTOR shall, at its sole cost and expense, furnish all facilities, materials and equipment that may be required for furnishing services pursuant to this Agreement.
3. CONTRACTOR’s personnel shall not wear or display any CITY uniform, badge, identification number, or other information identifying such individual as an employee of CITY; and CONTRACTOR’s personnel shall not use any CITY e-mail address or CITY telephone number in the performance of any of the Services under this Agreement. CONTRACTOR shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as CONTRACTOR’s personnel require to perform any of the Services required by this Agreement. CONTRACTOR shall perform all Services off of CITY premises at locations of CONTRACTOR’s choice, except (a) as otherwise required for the performance of Services on CITY real property, vehicles or equipment; (b) as 10 of 25
otherwise may from time to time be necessary in order for CONTRACTOR’s personnel to receive projects from CITY, review files and other documents on file at CITY, pick up or deliver any work product related to CONTRACTOR’s performance of any Services under this Agreement, or (c) as may be necessary to inspect or visit CITY locations and/or private property to perform such Services.
4. CONTRACTOR shall be responsible for and pay all wages, salaries, benefits and other amounts due to CONTRACTOR’s personnel in connection with their performance of any Services under this Agreement and as required by law. CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, CONTRACTOR and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, retirement, pension, or other benefit or any incident of employment by CITY.
5. CONTRACTOR shall defend, indemnify and hold harmless CITY and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of CITY officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to CONTRACTOR’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section IX(A). In addition to all other remedies available under law, CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section (9)(A). This duty of indemnification is in addition to CONTRACTOR’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. CONTRACTOR’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
B. CONTRACTOR’S Personal Services - Inducement
1. This Agreement contemplates that the CONTRACTOR’s
personal services and those of CONTRACTOR’s officers, employees, and agents are a substantial inducement to the CITY for entering into this Agreement.
CONTRACTOR may not assign any interest in this Agreement, except upon written consent of CITY. CONTRACTOR shall have no authority, express or implied, to bind CITY to any obligation whatsoever.
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2. Furthermore, CONTRACTOR shall not subcontract any
portion of the performance contemplated under this Agreement without the prior written approval of the CITY. Nothing in this Agreement shall be construed as preventing CONTRACTOR from employing as many employees as CONTRACTOR deems necessary for the proper and efficient execution of this Agreement.
C. PERS Eligibility Indemnification; Waiver.
1. In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
2. Notwithstanding any other agency, state or federal policy, rule, regulation, law, or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
X. INDEMNITY, DEFENSE, AND HOLD HARMLESS
A. General Requirements.
To the fullest extent required by law, and in addition to all other indemnification provisions of this Agreement, CONTRACTOR agrees to and shall defend, indemnify, and hold free and harmless CITY, its elected and appointed officials, officers, agents, employees, volunteers and those CITY agents serving as independent contractors in the role of CITY officials (collectively “the CITY Indemnitees” in this Section X), at CONTRACTOR’s sole cost and expense, from and against any and all claims, demands, actions, suits, damages, costs, expenses, liabilities, causes of action, proceedings, judgments, penalties, liens and losses, of any nature whatsoever, including but not limited to fees of accountants, attorneys, and other professionals, and all other costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, arising out of, pertain to or relate to the acts of omissions of CONTRACTOR, its officers, agents, servants, employees, volunteers, subcontractors, materialmen, suppliers or contractors, or their officers, agents, servants, employees or volunteers (or any 12 of 25
entity or natural person that CONTRACTOR shall bear the legal liability thereof) in the performance of this Agreement, including the CITY Indemnitees’ active or passive negligence. Notwithstanding the foregoing, CONTRACTOR shall not be liable for the defense or indemnification of CITY for any Claims to the extent arising out of, pertaining to or relating to the sole negligence or willful misconduct of CITY, as determined by final arbitration or court decision or by agreement of the Parties. CONTRACTOR shall defend the CITY Indemnitees in any action or actions filed in connection with any Claims with counsel of the CITY Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. CONTRACTOR shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the CITY Indemnitees in connection therewith.
B. Subcontractor Indemnification.
CONTRACTOR shall obtain executed indemnity agreements with provisions identical to those in this Section X from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. If CONTRACTOR fails to obtain such indemnities, CONTRACTOR shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of CONTRACTOR’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any person, firm, entity or individual that CONTRACTOR’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the CITY Indemnitees’ active or passive negligence, except for Claims to the extent arising from the sole negligence or willful misconduct of the CITY Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
C. Workers’ Compensation Acts Not Limiting.
CONTRACTOR’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to CITY, its elected and appointed officers, officials, agents, employees, volunteers and those CITY agents serving as independent contractors in the role of CITY officials.
D. Insurance and Insurance Requirements Not Limiting.
CITY does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or 13 of 25
not any insurance policies are determined to be applicable to the Claims asserted against CITY or any of the other CITY Indemnitees.
E. Survival of Terms.
CONTRACTOR’s indemnifications and obligations under this Section X shall survive the expiration or termination of this Agreement.
F. Supersedence.
This Section shall supersede and replace all other indemnity provisions contained either in CITY’s Request for Proposal or CONTRACTOR’s Proposal, which shall be of no force and effect.
XI. INSURANCE
CONTRACTOR shall procure and maintain for the duration of this Agreement and thereafter (unless specified below), at its cost, insurance in accordance with the requirements of this Section. Within ten (10) consecutive calendar days of the award of contract, CONTRACTOR shall furnish the CITY with the endorsements and Certificates of Insurance proving coverage as specified by this Section.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); and if CONTRACTOR is a limited liability company, the commercial general liability coverage shall be amended so that CONTRACTOR and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2. Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).
3. Workers’ Compensation insurance: As required by the State of California and Employer’s Liability insurance.
4. Professional Liability coverage (or Errors and Omissions coverage).
5. Umbrella Liability Insurance [If required to meet higher limits]:
Should CONTRACTOR obtain and maintain an umbrella liability insurance policy, limits should provide for bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
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a. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
b. “Pay on behalf of” wording as opposed to
“reimbursement”; and
c. Concurrency of effective dates with primary policies.
Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
B. Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage, and if Commercial General Liability Insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit;
2. Professional Liability (or Errors and Omissions Liability).
CONTRACTOR shall maintain professional liability insurance (or errors and omissions insurance) appropriate to CONTRACTOR’s profession, written on a per occurrence basis, with a limit of not less than $2,000,000 per claim and $4,000,000 in the aggregate. If a “claims made” liability policy is provided, the policy shall be endorsed to provide an extended reporting period of not less than three years.
3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage and include coverage for all owned, hired, and non-owned automobiles.
4. Workers’ Compensation and Employers Liability: Statutory Workers’ compensation insurance and Employer’s Liability Insurance with limits of $1,000,000 per accident for bodily injury or disease .
C. Deductibles and Self-Insured Retention.
Any deductibles or self-insured retentions applicable to insurance policies required herein must be declared to and approved by CITY prior to CONTRACTOR obtaining such insurance policy. In no event shall any insurance policy required in this Agreement have a deductible, self-insured retention, or other similar provision (including any fronting component) in excess of $50,000 15 of 25
without prior written approval of CITY in its sole discretion. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, elected and appointed officials, employees, volunteers, and those CITY agents acting as independent contractors in the role of CITY officials; or CONTRACTOR shall procure a bond guaranteeing payment of any losses, damages, expenses, costs or settlements up to the amount of such deductibles or self-insured retentions.
D. Other Insurance Provisions.
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability, Automobile Liability, Umbrella / Excess Liability Coverage.
a. Additional Insured Endorsement. CITY, its officers,
elected and appointed officials, employees, volunteers, and those agents acting as independent contractors in the role of CITY officials, are to be covered as an additional insured as respects defense and indemnity against claims seeking recovery for: liability arising out of activities performed by or on behalf of CONTRACTOR; products and completed operations of CONTRACTOR; premises owned, occupied, or used by CONTRACTOR; or automobiles owned, leased, hired, or borrowed by CONTRACTOR. The coverage shall not extend to any indemnity coverage for the sole active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b), and shall contain no special limitations on the scope of protection afforded to CITY, its officers, elected and appointed officials, employees, volunteers, and those agents acting as independent contractors in the role of CITY officials.
b. Primary and Non-Contributory. The Agreement
insurance coverage shall be primary insurance as respects to the CITY, its officers, elected and appointed officials, agents, employees, volunteers, and those CITY agents acting as independent contractors in the role of CITY officials.
Any insurance or self-insurance maintained by the CITY, its officers, elected and appointed officials, agents, employees, volunteers, and those CITY agents acting as independent contractors in the role of CITY officials shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. c. Separate Coverage. Except with respect to the limits of the liability, CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made, or suit is brought and shall provide that an act or omission of one of the insureds shall not reduce or void coverage to the other insureds. CONTRACTOR’s insurance shall not exclude coverage for suits or claims brought by or on behalf of one insured against any other insured. 16 of 25
d. Contractual Liability. The general liability and umbrella policies shall be endorsed to include contractual liability.
2. All Coverages
a. 30-day Notice of Cancellation. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to CITY.
b. Waiver of Subrogation. Each insurance policy
required by this Agreement shall provide that CONTRACTOR and insurer waive any and all rights of subrogation against CITY, its officers, elected or appointed officials, agents, employees, volunteers, and those agents acting as independent contractors in the role of CITY officials for losses arising from work performed by CONTRACTOR for CITY.
3. Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
E. Acceptability of Insurers.
Insurance is to be placed with insurers authorized to do business by th e Insurance Commissioner in the State of California, with a rating by A.M. Best’s of no less than A, Class VII, and satisfactory to the City. All insurers shall be licensed by or holding admitted status in the State of California.
F. Verification of Coverage.
CONTRACTOR shall furnish CITY with certificates of insurance and with original endorsements affecting coverage required by this Section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by CITY. Where, by statute, CITY’s workers’ compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by CITY before any Services 17 of 25
commence, and shall evidence that all premiums have been paid for the entire forthcoming policy period. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. The delivery to CITY of any certificates of insurance or endorsements hereunder which do not comply with the requirements set forth in this Agreement shall not waive CITY’s right to require such compliance.
G. Failure to Maintain Insurance.
If CONTRACTOR fails to obtain and maintain the insurance required hereunder, CITY shall have the right, but not the obligation, to obtain the same or similar insurance in the name and account of CONTRACTOR in which event CONTRACTOR shall pay the cost thereof and furnish upon demand all information that may be requested by CITY to permit CITY to obtain all such required coverage on behalf of CONTRACTOR. CITY shall have the right to offset (without recourse by CONTRACTOR) against any amounts owing to CONTRACTOR, amounts CITY reasonably incurs in obtaining insurance required of CONTRACTOR herein.
H. Insurance No Limitation on Indemnity.
The procurement of the insurance required in this Agreement or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of CONTRACTOR’s obligation to indemnify CITY or any of its officers, elected or appointed officials, agents, employees, volunteers, or those CITY agents acting as independent contractors in the role of CITY officials under any provision of this Agreement.
I. No Representation.
Neither the CITY nor any of its officers, agents, employees, volunteers, or those CITY agents acting as independent contractors in the role of CITY officials make any representation that the types of insurance and the limits specified to be carried by CONTRACTOR under this Agreement are adequate to protect CONTRACTOR. If CONTRACTOR believes that any such insurance coverage is insufficient, CONTRACTOR shall provide, at its own expense, such additional insurance as CONTRACTOR tor deems adequate.
J. Subcontractors.
All subcontractors shall comply with all of the requirements stated in this Agreement. CONTRACTOR shall furnish the CITY with separate certificates and endorsements for each subcontractor.
XII. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, CONTRACTOR agrees as follows:
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A. CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, marital status, national origin, or mental or physical disability. CONTRACTOR will ensure that applicants are employed and that employees are treated during employment, without regard to their age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non - discrimination clause.
B. CONTRACTOR shall, in all solicitations and advertisements for employees placed by, or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability.
C. CONTRACTOR shall cause the foregoing Subsection A and Subsection B to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
XIII. MISCELLANEOUS
A. Ownership of Documents.
1. All reports, as well as all original files, data, field notes, reports, reproducible drawings, plans, studies, memoranda, computation sheets, floppy disks, photographs, images, video files, media, and other documents and materials assembled or prepared by CONTRACTOR or CONTRACTOR’s agents, officers, or employees in connection with this Agreement, including any and all copyright interest therein (collectively “Work Product”), shall be the property of the CITY and shall be delivered to the CITY upon either the completion or termination of the Project, and may be used, reused or otherwise disposed of by CITY for any purpose without CONTRACTOR’s consent. Any use, reuse or modification of the Work Product by CITY for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at CITY’s own risk. Copies of said Work Product may not be retained by CONTRACTOR, and shall not be made available by CONTRACTOR to any individual or organization without the prior written approval of CITY, except as required by law.
2. CONTRACTOR or CONTRACTOR agents shall execute
such documents as may be necessary from time to time to confirm City s ownership of the copyright in such documents.
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B. Confidentiality.
1. CONTRACTOR covenants that Work Product (as defined in Section XIII(A) of this Agreement) developed or received by CONTRACTOR or provided for performance of this Agreement is deemed confidential and shall not be disclosed by CONTRACTOR without prior written authorization by CITY. CITY shall grant such authorization if applicable law requires disclosure.
CONTRACTOR, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within CITY. Response to a subpoena or court order shall not be considered “voluntary,” provided CONTRACTOR gives CITY notice of such court order or subpoena.
2. CONTRACTOR shall promptly notify CITY should
CONTRACTOR , its officers, employees, agents, subcontractors or volunteers be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the Services performed thereunder. CITY may, but has no obligation to, represent CONTRACTOR or be present at any deposition, hearing or similar proceeding.
CONTRACTOR agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONTRACTOR. However, CITY’s right to review any such response does not imply or mean the right by CITY to control, direct or rewrite the response.
C. Notices.
Any notices to be given pursuant to this Agreement shall be given by enclosing the same in the sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows:
CITY: CONTRACTOR:
City of Seal Beach Westminster Adoption Group and
211 8th Street Services (or WAGS)
Seal Beach, CA 90740 6621 Westminster Boulevard
Attn: City Manager Westminster, CA 92683
Attn: Michelle Russillo
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D. Enforcement of Agreement.
This Agreement shall be construed and interpreted as to both validity and performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
E. Disputes.
1. In the event of any dispute arising under this Agreement, the injured Party shall notify the injuring Party in writing of its contentions by submitting a claim therefore. In the event of any dispute, CONTRACTOR shall be required to comply with the provisions of the California Government Claims Act (Cal. Gov. Code Section 810, et seq.) as a condition precedent to pursuing any court action.
2. The injured Party shall continue performing its obligations hereunder so long as the injuring Party cures any default within ninety (90) calendar days after service of the notice, or if the cure of the default is commenced within thirty (30) calendar days after service of said notice and is cured within a reasonable time after commencement; provided that, if the default creates an immediate danger to the health, safety, and general welfare, the CITY may take immediate action. Compliance with the provisions of this Section shall be a condition precedent to any legal action, and such compliance shall not be a waiver of any Party’s right to take legal action in the event that the dispute is not cured.
F. Waiver.
No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. CITY’s consent or approval of any act by CONTRACTOR requiring CITY’s consent to or approval of any subsequent act of CONTRACTOR, or any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
G. Prohibited Interests; Conflicts Of Interest.
1. CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. 21 of 25
Furthermore, CONTRACTOR shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.
CONTRACTOR shall not accept any employment or representation during the term of this Agreement which is or may likely make CONTRACTOR “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which CONTRACTOR has been retained.
2. CONTRACTOR further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONTRACTOR , to solicit or obtain this Agreement. Nor has CONTRACTOR paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONTRACTOR, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to CONTRACTOR hereunder the full amount or value of any such fee, commission, percentage or gift.
3. CONTRACTOR warrants and maintains that it has no
knowledge that any officer or employee of CITY has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of CONTRACTOR, and that if any such interest comes to the knowledge of CONTRACTOR at any time during the term of this Agreement, CONTRACTOR shall immediately make a complete, written disclosure of such interest to CITY, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this Section.
H. Audit of Records.
In accordance with generally accepted accounting principles, and in sufficient detail to permit an evaluation of all Services in connection therewith, CONTRACTOR shall maintain reasonably full and complete records of the cost of and performance of the Services provided under this Agreement. During the term of this Agreement and for a period of three (3) years after termination or expiration of this Agreement, the CITY shall have the right to inspect, audit and/or make copies of CONTRACTOR’s records pertaining to this Agreement and the Services performed or to be performed hereunder at CONTRACTOR’s office location. CONTRACTOR agrees to make available all pertinent records for the purpose of such inspection and/or audit at its offices during normal business hours and upon three (3) calendar day notice from the CITY.
I. Safety Requirements.
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All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws.
CITY may issue restraint or cease and desist orders to CONTRACTOR when unsafe or harmful acts are observed or reported relative to the performance of the Services. CONTRACTOR shall maintain the work sites free of hazards to persons and property resulting from its operations. CONTRACTOR shall immediately report to the CITY any hazardous condition noted by CONTRACTOR.
J. Labor Certification.
By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
K. Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
L. Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy and default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
M. Attorney’s Fees.
If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorney’s fees and costs of suit from the losing Party.
N. Integration.
This agreement represents the entire understanding of the CITY and the CONTRACTOR. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. Any work performed, which is inconsistent with or in violation of the provisions of this 23 of 25
Agreement, shall not be compensated. This Agreement may not be altered, amended, or modified except in writing executed by both Parties hereto.
O. Amendment.
This Agreement may be amended only by the written mutual consent of the Parties.
P. Non-Appropriation of Funds.
Payments to be made to CONTRACTOR by CITY for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’s Services beyond the current fiscal year, this Agreement shall cover payment for CONTRACTOR’s Services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
Q. Severability.
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
R. Governing Law and Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.
S. No Third Party Beneficiaries.
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.
T. Exhibits.
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
U. Corporate Authority.
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The person executing this Agreement on behalf of CONTRACTOR warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, CONTRACTOR is formally bound to the provisions of this Agreement.
[signatures contained on following page]
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
CITY OF SEAL BEACH
By: _________________________
Jill R. Ingram, City Manager
Attest:
By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:
By: _________________________
Nicholas R. Ghirelli, City Attorney
CONTRACTOR: WESTMINSTER
ADOPTION GROUP AND SERVICES
By: __________________________
Name:
Its (title):
By: __________________________
Name:
Its (title):
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
CEO/Pres
EXHIBIT A
Request for Proposals
REQUEST FOR PROPOSAL FOR
ANIMAL SHELTER SERVICES
SEAL BEACH POLICE DEPARTMENT
CITY OF SEAL BEACH
Released on
Tuesday, January 31, 2023
Proposals are due:
Friday, March 3, 2023, by 3:00 PM
TABLE OF CONTENTS
1. OVERVIEW ............................................................................................................................. ......1
2. SCHEDULE OF EVENTS .............................................................................................................1
3. BACKGROUND ........................................................................................................................... .1
4. SCOPE OF SERVICES ................................................................................................................2 A. Acceptance of Animals .............................................................................................................2 B. Other Animals ...........................................................................................................................2 C. Drop-Off Procedures.................................................................................................................2 D. Impoundment Procedures ........................................................................................................2 E. Facility Requirements ...............................................................................................................2 F. Care...........................................................................................................................................2 G. Special Handling.......................................................................................................................2 H. Adoption....................................................................................................................................3 I. Disposal of Unclaimed Animals..................................................................................................3 J. Euthanasia.................................................................................................................................3 K Collection of Fees .....................................................................................................................3 L. Records .....................................................................................................................................3 M. Shelter Coordinator ..................................................................................................................4 N. Emergency Veterinary Care .....................................................................................................4 O. Supply Controlled Substances .................................................................................................4
5. PROPOSAL FORMAT GUIDELINES............................................................................................5
5.1. Cover Letter............................................................................................................................5
5.2. Staffing ...................................................................................................................................5
5.3. Qualifications ..........................................................................................................................5
5.4. Fee Proposal ..........................................................................................................................6
6. PROCESS FOR SUBMITTING PROPOSALS..............................................................................6
6.1. Content of Proposal................................................................................................................6
6.2. Preparation of Proposal..........................................................................................................6
6.3. Number of Proposals..............................................................................................................7
6.4. Submission of Proposals........................................................................................................7
6.5. Inquiries ..................................................................................................................................7
6.6. Conditions for Proposal Acceptance ......................................................................................7
7. EVALUATION CRITERIA..............................................................................................................7
8. STANDARD TERMS AND CONDITIONS.....................................................................................8
8.1. Amendments............................................................................................................................8
8.2. Proposal Modifications.............................................................................................................8
8.3. Cost for Preparing Proposal.....................................................................................................8
8.4. Contract Discussions ...............................................................................................................8
8.5. Confidentiality Requirements ...................................................................................................8
8.6. Financial Information................................................................................................................9
8.7. Insurance Requirements..........................................................................................................9
LIST OF EXHIBITS
EXHIBIT A
Insurance Requirements for Contractors
General Liability Endorsement
Automobile Liability Endorsement
Workers’ Compensation/Employers Liability Endorsement
Certificate of Insurance to City of Seal Beach
EXHIBIT B
City Standard Agreement for Animal Shelter Services
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ANIMAL SHELTER SERVICES
REQUEST FOR PROPOSAL
1. OVERVIEW
The City of Seal Beach (“City”) occupies 11.8 square miles in Orange County, California, and has a population size of 24,937 (2021, U.S. Census Bureau). Its law enforcement responsibilities rest with the Seal Beach Police Department (SBPD), a police department widely recognized for innovation and progressive policing strategies. The SBPD is responsible for ensuring public safety and for the enforcement of laws.
The City is seeking proposals from qualified organizations for furnishing animal sheltering services to the City. In the event the City contracts for shelter services, the term of such agreement is anticipated to be for three (3) years with the City’s option to renew for up to an additional two (2) one-year terms. Please note that the extension of the Agreement beyond the initial three-year agreement will also be contingent upon funding approval by the City Council. The successful Bidder shall provide shelter facilities for all animals that are impounded or quarantined by Seal Beach Animal Control Officers for animals located within thethe City’s jurisdiction. These facilities shall be operated and maintained on a 24- hour per-day basis, in a neat, clean, and sanitary condition, in compliance with all applicable laws regulations, and in conformity with established U.S. Humane Society’s Uniform Standards Guidelines (HSUS) standards for humane animal care.
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following tentative schedule:
Release of RFP Tuesday, January 31, 2023
Proposals are due Friday, March 3, 2023 by 3:00 PM
Proposal Evaluation Completed Friday, March 17, 2023
Approval of Contract April 24, 2023
Services Start July 1, 2023
3. BACKGROUND
The City provides animal control services to the Seal Beach c o m m u n i t y through staff provided by the Police Department. The Animal Control Detail is supervised by a Police Services Manager and managed by a Police Captain, as part of their collateral assignments.
The Animal Control Unit is assigned both full-time Senior Community Services Officers as well as part-time Police Aides as a portion of their overall duties and responsibilities, such as parking control, detention services, and records duties. The duties assigned to the Animal Control Officers include all aspects of animal control, such as animal welfare, criminal investigations, quarantines, and community education. The City does not currently maintain a shelter facility for the animals retrieved in the City.
Based on the statistics for Fiscal Year 2021-2022 (period of July 1, 2021 to June 30, 2022), the number of animal impounds by the current provider for the city of Seal Beach, , and current “over the counter” [OTC] animals combined were:
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Fiscal Year
2021-22
Approx. Number of
Animals
(Total ACO and OTC) Dogs 17
Cats 15
Other* 42
*Includes exotics, wildlife, rabbits & birds
The current shelter service provider has a live release rate of approximately 92%.
4. SCOPE OF SERVICES
The objective of this RFP is to identify qualified bidders and receive competitive service and fee proposals from contract animal shelter service providers. The successful bidder will be expected to perform the following services:
A. Acceptance of Animals. The successful bidder shall accept all animals on behalf of the City of Seal Beach that are brought in by Seal Beach Animal Control Officers and citizens. This includes live strays, deceased animals for disposal, and owner-releases for adoption or euthanasia. The successful bidder shall ensure that proper housing, food and care are available for all animals accepted.
In the event that an animal accepted should require food and/or supplies that are not regularly stocked at the shelter, a reasonable effort should be made to obtain said food and/or supplies on an as-needed basis.
B. Other Animals. The successful bidder must ensure that the shelter would accept all animals located within the City of Seal Beach jurisdiction, including exotics, birds, and livestock (marine wildlife not included)
C. Drop-Off Procedures. The successful Bidder shall establish a procedure whereby animals may be delivered to the shelter. The procedure shall provide Animal Control Officers with flexibility in drop-off times for animals. Seal Beach Police Department staff must be able to access the shelter portion of the facility 24 hours per day. Additionally, refrigeration/freezer access must be provided to the Seal Beach Police Department for the storage of deceased animals 24 hours a day.
D. Impoundment Procedures. All animals shall be held for a minimum of four (4) days not including the day of impoundment. If the owner of the animal is identified, said animal shall be held for a minimum of ten (10) days while the shelter attempts to contact the identified owner. Animals impounded shall be required to receive current vaccinations (DHLPP and Bordetella for dogs, FVRCPC for cats) before being housed with other shelter animals at the cost of the successful bidder E. Facility Requirements. The shelter shall have an adequate number of dog kennels and cat cages, isolation facilities for quarantined animals and animals being held for investigation, and access to large animal housing. The animal shelter shall be maintained in a clean and sanitary condition. The kennel shall comply Page | 3
with the standards set forth in the U.S. Humane Society’s Uniform Standards Guidelines (HSUS) for the operation of the animal shelter. The City shall have the right to enter and inspect the premises during regular business hours for the purpose of inspection.
F. Care. The best possible care and treatment shall be given to all animals held in custody. Adequate housing and food shall be provided, and the shelter shall not be overpopulated. The successful bidder should have licensed veterinary services available during normal business hours. Pet owners of impounded animals would remain responsible for all routine/emergency veterinary care costs. The shelter shall provide means for the isolation of contagious animals that will allow for humane care and not expose other sheltered animals to risk.
G. Special Handling. The successful bidder must ensure that animals with Police holds, quarantines, or pets held in protective custody would be in an isolated area, not permitting the public to have access or visits. If an animal is in protective custody, Seal Beach Animal Control would have permission to extend a pet’s stay, if necessary, until a case is resolved, e.g., pending cruelty, court case, etc. These animals would not be removed from the isolated area without approval from Seal Beach Animal Control staff.
H. Adoption. The successful bidder shall be responsible for making every reasonable effort to prepare and present animals for adoption by the public and to facilitate the same. The Shelter Coordinator shall make a reasonable effort to find an adoption home for all adoptable animals in the shelter. All adoptable animals are to be placed for adoption once the holding period has expired for the animal’s owner to claim.
I. Disposal of Unclaimed Animals. The successful bidder shall arrange for the humane disposal, consistent with applicable laws and regulations, of unclaimed animals after holding them for no fewer than 96 hours unless sickness or injury requires earlier disposal. Under no circumstances shall unadopted animals be sold for purposes of medical research or other activities which may harm them without the consent and approval of Seal Beach Animal Control. The successful bidder shall be responsible for maintaining animals beyond the minimum 96 hours as may be required for the completion of any judicial process or to the extent required by law. The successful bidder must make all reasonable attempts to reunite the animal with the owner before euthanasia or adoption, to include accessing current licensing records, using contact information on owner-provided tags worn by the animal, and scanning all animals to detect implanted computer chips.
J. Euthanasia. The successful bidder shall arrange and/or provide for humane euthanasia and disposal of unwanted animals. Euthanasia training shall be provided to Seal Beach Animal Control Staff upon request, at no cost to the City. A minimum 60-day notice will be provided to the bidder to allow for adequate time for scheduling.
This shall be accomplished in a manner approved by Federal or State regulations, which shall not subject such animals to any unnecessary pain. The successful bidder shall confer with Seal Beach Animal Control staff prior to euthanizing any animal.
K. Collection of Fees. The successful bidder shall be responsible for collecting all fees (Examples: spay/neuter fines, subsequent impound fees, etc.) due to the City, issuing receipts for payment, and remitting monies due to the City directly to Animal Control staff prior to releasing the animals. The collected fees shall be remitted to the City on or before the 10
th day of every month, excluding weekends and holidays, in which case, payment shall be remitted on the very next business day.
L. Records. The successful bidder shall keep comprehensive records at the premises for a period of not less than three (3) years following the termination or expiration of the contract. The successful bidder shall submit regular monthly reports to Seal Beach Animal Control. The successful bidder shall be required to develop and/or maintain its own computer-generated record-keeping procedure and maintain records of all animals it handles in the performance of the contract. The reports shall, at the minimum, include the number of impounds, disposition of animals, and fees collected that are payable to the City. These records and reports shall be made readily available to be viewed by Seal Beach Animal Control staff. Seal Beach Animal Control staff shall have access to any computer software used to maintain Seal Beach animal impound records.
The following is the minimum information to be contained in the monthly report. Please indicate in your proposal what additional information you will provide in the report if awarded the contract.
Description of the animal, including its breed, color, size, sex, disposition Who brought in the animal, the date animal was brought in, where and how the animal was obtained
The animal’s owner
Duration of stay
When the animal was redeemed, who redeemed the animal
When the animal was adopted, who adopted the animal
Name and address of new owner
When the animal was euthanized
Disposition of all complaints regarding animals
All dangerous or potentially dangerous animals and dog-bite incidents All criminal citations issued and their final disposition Fees collected
Records of licenses sold with names and addresses
M. Shelter Coordinator. The successful bidder shall make available to the City a Shelter Coordinator during normal business hours. The Shelter Coordinator shall be relied upon as the City’s primary point of contact pertaining to daily sheltered animal-related matters and, as such, should have a designee in his/her absence who is also aware of daily operational matters. The duties of this position shall include:
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Reviewing shelter practices and procedures to ensure efficient and economical use of resources.
Cleaning and disinfecting shelter areas/cages.
Adopt current animal relinquishment fees imposed, as determined by the city of Seal Beach.
Maintaining records on animals in the shelter.
Responding to requests from Seal Beach Animal Control staff.
Provision of a thorough animal behavior evaluation (SAFER test) within 72 hours of an animal being housed. Behavioral notes are to minimally include sufficient information to allow Seal Beach Animal Control Officers to make pertinent decisions regarding the animal in question.
Ability to work well with the general public.
N. Emergency Veterinary Care. The City may choose to have the successful Bidder perform emergency veterinary care on a case-by-case basis. This type of service should be performed on a flat fee basis as deemed necessary by Seal Beach Animal Control staff. Please provide a flat fee basis for this service in your proposal for consideration.
O. Supply Controlled Substances. The successful Bidder shall be licensed to dispense and supply the Animal Control Officers employed by the City of Seal Beach with the controlled substances necessary for the performance of field captures and euthanasia.
The following is a current list of controlled substances and the estimated amounts needed:
i. Telazol ( class III drug, 100 mg/ml concentrate, used primarily in dog capture).
Current usage 1-2 bottles per Animal Control Officer every six months. ii. Ketamine (class III drug, 100 mg/ml for cats and subhuman primates, also used in dog capture). Current usage 1-2 bottles per Animal Control Officer every six months.
iii. Sodium Pentobarbital (class II drug, 250 ml bottle, for euthanasia only) 1-250 ml bottle per Animal Control Officer per year.
Note: Name-brand drugs can be substituted with the generic equivalent
5. PROPOSAL FORMAT GUIDELINES
Interested Bidders are to provide the City of Seal Beach with a thorough proposal using the following guidelines:
The proposal should be typed and should contain no more than 20 typed pages using an 11- point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order and content of sections.
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The proposal should be straightforward, concise, and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of a failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the Bidder’s response:
5.1. Cover Letter A cover letter, not to exceed three pages in length, should summarize key elements of this proposal. An individual authorized to bind the contract must sign the letter. The letter must stipulate that the proposal price will be valid for a period of at least 180 days.
5.1.1. Provide a detailed description of the implementation plan to be used to accomplish the Scope of Services of this RFP. Please present your responses to the Scope of Services in a similar chronological order for ease of reference during the proposal evaluation process.
5.1.2. Detailed description of efforts the Bidder will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Services" section.
5.1.3. Detailed description of specific tasks Bidder will require from City staff. Explain what the respective roles of City staff and Bidder’s staff would be to complete the tasks specified in the Scope of Work.
5.1.4. Requested exceptions by the Bidder to the listed requirements in this RFP or the City’s template agreement for services as attached to this RFP.
5.2. Staffing
Provide a list of individuals who will be involved in servicing this contract and their professional qualifications, indicating the functions that each will perform. Upon award and during the contract period, if the selected Bidder chooses to assign different personnel to the project, the Bidder must submit their names and qualifications, including information listed above, to the City for approval before they begin work.
5.3. Qualifications
The information requested in this section should describe the qualifications of the Bidder, key staff, and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:
5.3.1. A summary of the Bidder’s demonstrated capability, including the length of time that the Bidder has provided the services being requested in this Request for Proposal.
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5.3.2. Provide at least three local references that received similar services from your organization. The City of Seal Beach reserves the right to contact any of the agencies or individuals listed. Information provided shall include:
▪ Agency Name
▪ Contract Description
▪ Contract start and end dates
▪ Agency Representative’s name, telephone number, and e-mail address
5.4. Fee Proposal
The fee information is relevant to determine whether the fee is fair and reasonable in light of the services to be provided. This section shall include the proposed costs to provide the services desired. Proposals shall provide a cost breakdown of the monthly and annual operating costs projected over the next year. Include any other cost and price information that would be contained in a potential agreement with the City.
Please utilize a pricing presentation format similar to the example below and provide detailed cost information of animal shelter services on a monthly basis, include all costs associated for the scope of services provided and for required controlled substances for use by Animal Control Officers.
Detailed Description
Monthly
Cost
Annual
Cost
Animal Shelter Services:
[List separately priced services and costs]
Special Notes: Not to
exceed
total
Please attach an additional sheet, if needed, to provide a detailed summary of all itemized costs and services that will be provided by the Bidder as a result of this service contract.
Please provide a flat fee cost for Emergency Veterinary Care for consideration.
6. PROCESS FOR SUBMITTING PROPOSALS
6.1. Content of Proposal
The proposal must be submitted using the format as indicated in the proposal format guidelines.
6.2. Preparation of Proposal
Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation.
6.3. Number of Proposals
Submit three (3) hard copies of your proposal in sufficient detail to allow for thorough evaluation and comparative analysis.
6.4. Submission of Proposals
Proposals are due Friday, March 3, 2023, by 3:00 PM. Complete written proposals must be submitted in sealed envelopes marked Animal Shelter Services RFP and submitted to:
City of Seal Beach
Attention: City Clerk
211 8th Street
Seal Beach, CA 90740
No oral, telegraphic, electronic, facsimile, or telephonic proposals or modifications will be considered unless specified. Proposals received after the scheduled Submittal Deadline will be rejected. Proposals must bear original signatures and figures. Please note that there will be no public opening of proposals. Prices and other proposal information shall not be made public until the proposal is awarded. At that time, the executed contract will become public information.
6.5. Inquiries
Questions about this RFP must be directed in writing, via e-mail to:
Police Captain Nick Nicholas
Email: [email protected]
6.6. Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs incurred for any services. P r o p o s a l s w i l l b e e v a l u a t e d b y t h e C i t y u n d e r t h e c r i t e r i a l d e s c r i b e d i n t h i s R F P . a n d c o s t s h a l l b e o n l y o n e f a c t o r e v a l u a t e d . The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source, or to cancel this RFP in part or in its entirety. All proposals will become the property of the City of Seal Beach, CA. If any proprietary information is contained in the proposal, it should be clearly identified.
From the date this RFP is issued until a Bidder is selected and the selection is announced, bidders shall not communicate for any reason with any City employee or official other than the contracting officer listed above regarding this RFP or any proposal. The City reserves the right to reject any proposal for violation of this, or any other provision of the RFP. No questions other than written will be accepted, and no response other than written will be binding upon the City.
Questions and answers will be public records, and made available to all any interested party.
7. EVALUATION CRITERIA
The City of Seal Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list.
The order in which they appear is not intended to indicate their relative importance:
7.1. Compliance with RFP requirements
7.2. Understanding of the project
7.3. Recent experience in conducting similar scope, complexity, and magnitude for other public agencies or similar clients.
7.4. Professional qualifications and staffing proposals
7.5. Costs
7.6. References
The City will contact and evaluate the bidder’s and any subcontractor’s references; contact any bidder to clarify any response; contact any current users of a bidder’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. The City shall not be obligated to accept the lowest-priced proposal, but shall make an award in the best interests of the City.
A Notification of Intent to Award may be sent to the vendor selected. The award is contingent upon the successful negotiation of final contract terms and approval by the City Council.
Negotiations shall be confidential and not subject to disclosure to competing vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest-scoring vendor or withdraw the RFP. If the City Council does not approve a contract for any reason, the City may negotiate a contract with the next highest-scoring vendor or withdraw the RFP.
8. STANDARD TERMS AND CONDITIONS
8.1. Amendments
The City reserves the right to amend this RFP prior to the proposal due date. All amendments and additional information will be emailed to all invited bidders.
8.2. Proposal Modifications
Any bidder who wishes to make modifications to a proposal already received by the City of Seal Beach must withdraw his proposal in order to make the modifications. All modifications must be made in ink; properly initialed by bidder’s authorized representative, executed, and submitted in accordance with the terms and conditions of this solicitation.
It is the responsibility of the bidder to ensure that modified or withdrawn proposals are resubmitted before the submittal deadline.
8.3. Cost for Preparing Proposal
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The cost for developing the proposal is the sole responsibility of the bidder. All proposals submitted become the property of the City.
8.4. Contract Discussions
Prior to award, the apparent successful bidder may be required to enter into discussions with the City to resolve any contractual differences. These discussions are to be finalized, and all exceptions resolved within one (1) week from notification. If no resolution is reached, the proposal may be rejected, and discussions will be initiated with the second highest-scoring bidder.
8.5. Confidentiality Requirements
Proposals are subject to release under the Public Records Act. The City cannot protect any proprietary data submitted in proposals, and bidders should take care not to submit such information.
8.6. Financial Information
The City is concerned about bidders’ financial capability to perform, therefore, may ask the bidder to provide sufficient data to allow for an evaluation of financial capabilities.
8.7. Insurance Requirements
Selected bidder must have approved Certificates of Insurance (not a declaration of policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of the award of contract, the successful bidder must furnish the City with the Certificates of Insurance proving coverage as specified in Exhibit B.
Please carefully review the Insurance Requirements and Sample Agreement before responding to the Request for Proposal enclosed herein. The terms of the agreement, including insurance requirements, can be modified only if extraordinary circumstances exist, which are identified in the bidder’s proposal. Every response to the Request for Proposal must indicate if the bidder is unwilling or unable to execute the agreement as drafted, and/or comply with the insurance requirements. The City will consider such statements in determining responsiveness to the RFP.
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EXHIBIT A
CITY OF SEAL BEACH
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract and thereafter (unless specified below) all insurance that would be kept by a reasonable contractor under similar circumstances against all claims that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees, or subengineers/subcontractors (the “WORK”). The cost of such insurance shall be borne by the contractor and/or included in the Contractor’s proposal.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance Services Office (“ISO”) Form #CG 00 01 11 88 Commercial General Liability coverage.
2. ISO Form # CA 00 01 01 87 Business Auto liability coverage, symbol 1 "any auto.”
3. Workers' Compensation insurance as required by the State of California and Employers Liability insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage, with a $2,000,000 general aggregate limit. The general aggregate limit shall apply separately to this project/location. This insurance shall be maintained during the term of this contract and for at least ten consecutive years following the completion of the WORK.
2. Professional Liability: If applicable, Contractor shall maintain professional liability insurance appropriate to Contractor’s profession, written on a “claims made” basis, with a limit of not less than $2,000,000 per claim and $5,000,000 in the aggregate. . Additionally, Contractor shall provide City with certified copies of the claims reporting requirements contained within the policies. This insurance shall be endorsed to be applicable solely to claims based upon, arising out of, or related to the WORK.
3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Such insurance shall include coverage for all owned, hired, and non-owned automobiles.
This insurance shall be maintained during the term of this contract and for at least three consecutive years following the completion of the WORK. This insurance shall be endorsed to be applicable solely to claims based upon, arising out of, or related to the WORK.
4. Workers' Compensation and Employers Liability: Workers' compensation insurance in compliance with all applicable state and federal law, including the Labor Code of the State of California, with limits not less than the amount prescribed by law, and Employer’s Liability Insurance with limits of not less than $1,000,000 per occurrence.
C. DEDUCTIBLES AND SELF-INSURED RETENTION
Any deductibles or self-insured retentions applicable to insurance policies required herein must be declared to and approved by City prior to Contractor obtaining such insurance policy. In no event shall any insurance policy required in this contract have a deductible, self-insured retention, or other similar provision (including any “fronting” component) in excess of $50,000 without prior written approval of the City in its sole discretion. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, elected and appointed officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of any losses, damages, expenses, costs or settlements up to the amount of such deductibles or self-insured retentions.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability, Automobile Liability, Umbrella/Excess Liability Coverage a. The City, its officers, elected & appointed officials, employees, and volunteers are to be covered as an additional insured as respects defense and indemnity against claims seeking recovery for: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall not extend to any indemnity coverage for the sole active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b), and shall contain no special limitations on the scope of protection afforded to the City, its officers, elected and appointed officials, employees, or volunteers.
b. The Contractor’s insurance coverage shall be primary insurance as respects to the City, its officers, elected and appointed officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, elected and appointed officials, agents, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. c. Except with respect to the limits of the insurer’s liability, the Contractor’s insurance shall apply separately to each insured against whom claim is made, or suit is brought and shall provide that an act or omission of one of the insureds shall not reduce or void coverage to the other insureds. The Contractor’s insurance shall not exclude coverage for suits or claims brought by or on behalf of one insured against any other insured.
d. The policies shall be endorsed to include contractual liability.
2. Workers' Compensation and Employers' Liability Coverage Contractor and the insurer shall waive all rights of subrogation against the City, its officers, elected and appointed officials, agents, employees, and volunteers for losses arising from work performed by the Contractor for the City.
3. All Coverages
a. Each insurance policy required by this document shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
b. Each insurance policy required by this document shall provide that the insurer waives any and all rights of subrogation against the City, its officers, elected or appointed officials, agents, employees, and volunteers for losses arising from work performed by the Contractor for the City.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers authorized to do business by the Insurance Commissioner in the State of California, with a rating by A.M. Best's of no less than A, Class VII. All insurers shall be licensed by or holding admitted status in the State of California.
F. VERIFICATION OF COVERAGE
Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City. Whereby statute, the City's workers' compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City before any WORK commences, and shall evidence that all premiums have been paid for the entire forthcoming policy period. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The delivery to the City of any certificates of insurance or endorsements hereunder which do not comply with the requirements set forth in this contract shall not waive the City’s right to require such compliance.
G. FAILURE TO MAINTAIN INSURANCE
If Contractor fails to obtain and maintain the insurance required hereunder, the City shall have the right, but not the obligation, to obtain the same or similar insurance in the name and account of Contractor in which event the Contractor shall pay the cost thereof and furnish upon demand all information that may be requested by the City to permit the City to obtain all such required coverage on behalf of the Contractor. The City shall have the right to offset (without recourse by the Contractor) against any amounts owing to the Contractor, amounts the City reasonably incurs in obtaining insurance required of Contractor herein.
H. NO LIMITATION ON INDEMNITY
The procuring of the insurance required in this contract or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City or any of its officers, elected or appointed officials, agents, volunteers, or employees.
I. NO REPRESENTATION
Neither the City nor any of its officers, agents, volunteers, or employees make any representation that the types of insurance and the limits specified to be carried by Contractor under this contract are adequate to protect Contractor. If Contractor believes that any such insurance coverage is insufficient, Contractor shall provide, at its own expense, such additional insurance as Contractor deems adequate.
J. SUBCONTRACTORS
All subcontractors shall comply with all of the requirements stated in this contract. Contractor shall furnish the City with separate certificates and endorsements for each sub-engineer/subcontractor.
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
AGREEMENT FOR ANIMAL SHELTER SERVICES
THIS AGREEMENT, made and entered into this day of , 2023, between the City of Seal Beach (CITY), a municipal corporation located in the County of Orange, State of California, and ,
(CONTRACTOR) with principal offices at
.
WITNESSETH
WHEREAS, CITY desires to engage CONTRACTOR to provide Animal Shelter Services to the City of Seal Beach, as described and set forth in CITY’S Request for Proposal (RFP) released on January 19, 2023, a copy of which is attached as Exhibit “A”, incorporated herein by this reference as if set forth in full; and
WHEREAS, CONTRACTOR is experienced in providing such services for municipal corporations and is able to provide personnel with the requisite experience and background to carry out these duties.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and promises hereinabove stated, the parties hereto agree as follows:
I. SERVICES TO BE PERFORMED
CITY agrees to engage CONTRACTOR to perform the services contained within CONTRACTOR’S proposal dated , a copy of which is
attached hereto as Exhibit “B” and incorporated herein by this reference as if set forth in full.
II. TIME FOR PERFORMANCE
CONTRACTOR shall begin work within ten (10) days following execution of this Agreement by CITY. CONTRACTOR shall complete all tasks in accordance with the work schedule, attached hereto as Exhibit “C” and incorporated herein by this reference as if set forth in full, with completion of the final project report prior to . The term of the contract is for a period of two years with three one-year options to renew for a total possible contract term of five years, commencing July 1, 2023, and terminating on June 30, 2026 unless the City exercises its available options to renew the contract.
III. PERFORMANCE TO REASONABLE SATISFACTION OF CITY
CONTRACTOR agrees to perform all work to the reasonable satisfaction of CITY and within the time hereinafter specified. Evaluations of the work will be done by the or his/her designee. If the quality of work is not reasonably satisfactory, CITY, in its discretion, has the right to:
A) Meet with CONTRACTOR to review the quality of the work and resolve the matter(s) of concern;
B) Require CONTRACTOR to reproduce the work at no additional fee until it is satisfactory; and/or
C) Terminate the Agreement as hereinafter set forth.
IV. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with the requirements of relevant local, State, and Federal laws.
V. FAMILIARITY WITH WORK
By execution of this Agreement, CONTRACTOR warrants that:
A) It has thoroughly investigated and considered the work to be performed; B) It possesses any and all licenses which are required under State or Federal law to perform the work contemplated by this Agreement, and shall maintain all appropriate licenses during the performance of this Agreement; C) It has expertise in the area of providing program management professional services;
D) It carefully considered how the work should be performed; and E) It fully understands the difficulties and restrictions attending the performance of the work under this Agreement.
VI. COMPENSATION
A. Services Described in Proposal
For the provision of all services rendered under this Agreement in accordance with the scope of services attached hereto as Exhibit A, Exhibit B, and Exhibit C and all expenses associated therewith, CITY shall pay CONTRACTOR the amounts specified under CONTRACTOR’S “Cost Proposal”, attached hereto as Exhibit “D”.
B. Additional Services
For any additional services, change orders or any additional compensation of any nature to be proposed for payment to CONTRACTOR by CITY, such modification of this original Agreement shall be a written request executed by CONTRACTOR and approved in writing by CITY.
It is specifically understood that oral requests or approvals of such additional services, change orders, or additional compensation and any approvals from CITY shall be barred and are unenforceable.
C. Payment Procedure
CONTRACTOR shall, on the first of each month, submit a monthly invoice to the CITY for work performed pursuant to Exhibit “D”. Within ten (10) working days of receipt of such invoice, CITY shall determine whether CONTRACTOR has satisfactorily performed the work described in the invoice. CITY shall thereafter pay CONTRACTOR on a quarterly basis.
VII. TERMINATION
This Agreement may be terminated with or without cause by CITY at any time by providing CONTRACTOR with written notice of termination no less than sixty (60) calendar days in advance of such termination. In the event of such termination, CONTRACTOR shall be compensated for services rendered as of the date of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the date of termination. In the event of such termination, CONTRACTOR shall immediately stop rendering services under this Agreement unless directed otherwise by CITY, and shall deliver to CITY all plans, data, reports, summaries, data disks, and all such other information and materials as CONTRACTOR may have accumulated in performing this Agreement. CITY shall not be liable for any claim of lost profits.
This Agreement may be terminated by CONTRACTOR by providing CITY with written notice no less than sixty (60) calendar days in advance of such termination.
VIII. COORDINATION OF WORK
A. Selection of Representatives
The following principals of CONTRACTOR are hereby designated as the principals and representatives of CONTRACTOR authorized to act in its behalf with respect to the work specified in this Agreement:
1. 2.
The foregoing principals may not be changed by CONTRACTOR without the express written approval of CITY.
B. CITY Representatives
The CITY’S representatives shall be:
1. 2.
or such other person as designated by the City Manager of the CITY. It shall be the CONTRACTOR’S responsibility to assure that the CITY’S representative(s) is kept informed of the progress of the performance of the services, and the CONTRACTOR shall refer any decision, which must be made by the CITY, to the representative(s). Unless otherwise specified herein, any required CITY approval shall mean the approval of the CITY representative(s).
IX. INDEPENDENT CONTRACTOR
A. CONTRACTOR Status
CONTRACTOR is an independent CONTRACTOR and not an employee of CITY.
Neither CITY nor any of its employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and CONTRACTOR expressly warrants not to, at any time or in any manner, represent that CONTRACTOR, or any of CONTRACTOR’S officers, employees, or agents, are in any manner officers, employees, or agents of CITY.
It is distinctly understood that said CONTRACTOR is, and shall at all times, remain as to the CITY a wholly independent CONTRACTOR, and that CONTRACTOR’S obligations to the CITY are solely such as are prescribed by this Agreement.
B. CONTRACTOR'S Personal Services - Inducement
This Agreement contemplates that the CONTRACTOR’S personal services and those of CONTRACTOR’S officers, employees, and agents are a substantial inducement to the CITY for entering into this Agreement. CONTRACTOR may not assign any interest in this Agreement, except upon written consent of CITY.
CONTRACTOR shall have no authority, express or implied, to bind CITY to any obligation whatsoever.
Furthermore, unless expressly provided otherwise in CONTRACTOR’S proposal, CONTRACTOR shall not subcontract any portion of the performance contemplated under this Agreement without the prior written approval of the CITY. Nothing in this Agreement shall be construed as preventing CONTRACTOR from employing as many employees as CONTRACTOR deems necessary for the proper and efficient execution of this Agreement.
CITY shall not have the right to control the means by which CONTRACTOR accomplishes service rendered pursuant to this Agreement. CONTRACTOR shall, at its sole cost and expense, furnish all facilities, materials and equipment that may be required for furnishing services pursuant to this Agreement.
C. PERS Eligibility Indemnification
In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
Notwithstanding any other agency, state or federal policy, rule, regulation, law, or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
X. INDEMNITY, DEFENSE, AND HOLD HARMLESS
CONTRACTOR agrees to defend, indemnify, and hold free and harmless the CITY, its elected and appointed officials, officers, agents, employees, and volunteers at CONTRACTOR’S sole expense, from and against any and all claims, demands, actions, suits, or other legal proceedings brought against the CITY, its elected and appointed officials, officers, agents, employees, and volunteers arising out of the performance of CONTRACTOR of the work undertaken pursuant to this Agreement, and shall indemnify, defend, hold free and harmless the CITY, its elected and appointed officials, officers, agents, employees, and volunteers harmless from and against any and all damages to property or injuries to or death of any person or persons, including attorneys’ fees. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by CONTRACTOR, but shall be required whenever any claim, demand, action, complaint, or suit asserts as its basis the negligence, errors, omissions, or misconduct of CONTRACTOR and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its elected and appointed officials, officers, agents, employees, and volunteers based upon the work performed by CONTRACTOR under this Agreement, whether or not the CONTRACTOR is specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, CONTRACTOR shall not be liable for the defense or indemnification of the CITY for claims, actions, complaints, or suits arising out of the negligence or willful misconduct of the CITY. This provision shall supersede and replace all other indemnity provisions contained either in the CITY’S request for proposal or CONTRACTOR’S proposal, which shall be of no force and effect.
XI. INSURANCE
CONTRACTOR shall procure and maintain, at its cost, insurance as noted on the attached Attachment 2.
Before CONTRACTOR performs any work or prepares or delivers any materials, CONTRACTOR shall furnish certificates of insurance and/or endorsements, as required by CITY, evidencing the foregoing insurance coverage on forms acceptable to the CITY, which shall provide that the insurance in force will not be canceled, modified, or allowed to lapse without thirty (30) days written notice to the CITY.
All insurance maintained by CONTRACTOR shall be issued by companies admitted to conduct insurance business along the lines of insurance supplied in the State of California and having a Best’s Guide rating of Grade A or better and Class VII or better by the latest editions of Best’s Key Rating Guide.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by CONTRACTOR under this Agreement are adequate to protect CONTRACTOR. If CONTRACTOR believes that any such insurance coverage is insufficient, CONTRACTOR shall provide, at its own expense, such additional insurance as CONTRACTOR deems adequate.
The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of CONTRACTOR’S obligation to indemnify the CITY, its elected or appointed officials, officers, agents, employees, or volunteers.
XII. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONTRACTOR agrees as follows:
The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, marital status, national origin, or mental or physical disability. The CONTRACTOR will ensure that applicants are employed and that employees are treated during employment, without regard to their age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
The CONTRACTOR shall, in all solicitations and advertisements for employees placed by, or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability.
The CONTRACTOR shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
XIII. MISCELLANEOUS
A. Ownership of Documents
All reports, as well as all original reproducible drawings, plans, studies, memoranda, computation sheets, floppy disks, and other documents and materials assembled or prepared by CONTRACTOR or CONTRACTOR’S agents, officers, or employees in connection with this Agreement, including any and all copyright interest therein, shall be the property of the CITY and shall be delivered to the CITY upon either the completion or termination of the Project. Copies of said documents may not be retained by CONTRACTOR, and shall not be made available by CONTRACTOR to any individual or organization without the prior written approval of CITY, except as required by law. CONTRACTOR or CONTRACTOR’S agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.
B. Notices
Any notices to be given pursuant to this Agreement shall be given by enclosing the same in the sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows:
CITY: CONTRACTOR:
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Attn: Attn:
C. Enforcement of Agreement
This Agreement shall be construed and interpreted as to both validity and performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
D. Disputes
In the event of any dispute arising under this Agreement, the injured Party shall notify the injuring Party in writing of its contentions by submitting a claim therefore.
The injured Party shall continue performing its obligations hereunder so long as the injuring Party cures any default within ninety (90) calendar days after service of the notice, or if the cure of the default is commenced within thirty (30) calendar days after service of said notice and is cured within a reasonable time after commencement; provided that, if the default creates an immediate danger to the health, safety, and general welfare, the CITY may take immediate action.
Compliance with the provisions of this Section shall be a condition precedent to any legal action, and such compliance shall not be a waiver of any Party's right to take legal action in the event that the dispute is not cured.
E. Waiver
No delay or omission in the exercise of any right or remedy of a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
CITY's consent or approval of any act by CONTRACTOR requiring CITY's consent to or approval of any subsequent act of CONTRACTOR, or any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
F. Conflicts Of Interest
CONTRACTOR agrees that it shall not make, participate in the making, or in any way attempt to use its position as a CONTRACTOR to influence any decision of the CITY in which the CONTRACTOR knows or has reason to know that CONTRACTOR, its officers, partners, agents, or employees have a financial interest as defined in Section 87103 of the Government Code.
G. Audit of Records
In accordance with generally accepted accounting principles, CONTRACTOR shall maintain reasonably full and complete records of the cost of and completion of services performed under this Agreement. During the term of this Agreement and for a period of two (2) years after termination of this Agreement, the CITY shall have the right to inspect and/or audit CONTRACTOR’S records pertaining to this contract and the services to be performed hereunder at CONTRACTOR’S office location. CONTRACTOR agrees to make available all pertinent records for the purpose of such inspection and/or audit at its offices during normal business hours and upon three (3) calendar days’ notice from the CITY.
H. Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
I. Legal Action
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy and default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
J. Attorney's Fees
If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorney's fees and costs of suit from the losing Party.
K. Integration
This agreement represents the entire understanding of the CITY and the CONTRACTOR. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. Any work performed, which is inconsistent with or in violation of the provisions of this Agreement, shall not be compensated. This Agreement may not be altered, amended, or modified except in writing executed by both Parties hereto.
L. Amendment
This Agreement may be amended only by the written mutual consent of the Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures.
CITY OF SEAL BEACH APPROVED AS TO FORM:
JILL INGRAM, CITY MANAGER CRAIG STEELE, CITY ATTORNEY
DATED: DATED:
CONTRACTOR ATTEST:
BY:
TITLE:
DATED: CITY CLERK
EXHIBIT B
CONTRACTOR’s Proposal dated March 2, 2023
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Dear City of Seal Beach Decisionmakers,
Westminster Adoption Group Services (fiom this point forward the Westminster Adoption Group Services will be referenced as WAGS) is pleaseti to offer our bid to provide animal control services to the city of Seal Beach, Califbmia from July 1,2023-Jwe 30,2025. The annual cost will be $72,000,000/yr with a second-year ilflation rate increase. This is based on the cost of care, increased overhead, and length of stays being longer than previously. Additionally, owner replenishment has risen to the highest levels recorded and the feral cat population brought in by over-the-counter has increased for all communities. WAGS anticipates these animal sheltering concerns rvill continue in the upcoming years.
We have been providing animal services for almost l2 years to the cities of Westrninster and Stanton. We are proud ofthe service we provide, satis$ing clients and meeting the needs of their pets. We offer low euthanasia and high adoption rates. We are the future of animal care services- no-kill services il Califomia. WAGS has proven to be the best, highest quality, and most dedicated service provider for animal sheltering servicrs.
We are atfiliated with ftrllservice vetennary facrlities Westminster Veterinary Group and Orange County Emergency Pet Clinic, WVG offers care to 609/0 of dogs and cats and 4OYo of exotic animals which include: birds, rodents, reptiles, and small mammals. OCE Pet Clinic offers emergency care for pets after WAGS and WVG close each day. WAGS also has local hospitals asking to be a service providers for the animals.
Westminster Adoption Group Serviccs has the necessary resources, manpower, and housing available to meet the needs of the city's animal control demands. The systems and processes required by the city of Seal Beach's animal control services are available at Westminster Adoption Croup Services.
Westmrnster Adoption Group Services offers an outstanding service. We have talented doctors, well-trained and committed staff, and a modem l'acility complete with advanced vetcrinary care. Our full sen'ices include access to medical care, proper housing, radiology", orthopedic surgery, dental care, general surgery, endoscopy, and bathing We have an innovative integrated management software system that is Shelterluv. Sheltcrluv to be able to track all animals' information onsite and offsite.
WAGS has also proven to be an excellent care provider for all animals brought into W-AGS in the past 12l,ears. WAGS has an 899/o li,,e release rate and still u,ants to improye services and increase adoptron rates and decrease time in the shelter tbr each animal. WAGS is geatly loved by the local community. WAGS has eamed the trust of the community by being transparent, welcoming, and reactive to requests and changes. WAGS only has one focus: animal care with the highest standards.
We will cnsure that our staff works in conjunction with the animal control officer to expedire the intake and outplacemenr of ail animals to ensure rhis process mns smoothiy and efficiently. Education and continued professional development are part ofthe culture at Wesuninster Adoption Group Services.
Lastly, the proximity to Seal Beach, CA. is an advantage. We are located less than two miles frorn the city line. Our location €nables us to treat animals picked up by the police department in a timely and efficient manner. Being so local means, it €iives pst owners and t'amilics a better chance of reuriting with their pets.
Sincerely,
Dr. Michelle Russillo, CEO/President
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Summary of proposal
Scope of Services:
I . Provcn high-quality animals care services with the highest quality of medicine and adoption options.
2. Live release lates and rro-kill shelter.
3. Amaz ing adoption services for those animals needing homes.
4. Proven acceptance of animals on behalf of the City of Seal Beach, CA.
5. Ensures food, water, housing and medical care for all animals brought to WAGS.
6. A great knowledge and medical skills to care for exotics, birds, and liveslock as needed.
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8. Proven proper impound procedures that meet or exceed the City's regulations. 9- Intakes through ACO, over-1he-counter citizens from Seal Beach, and animal relinquishment for Seal Beach citizens.
10. Proven Retum to Owner procedures to help reunite an owner with their lost pet.
I l. Highest qualiry ofcleanliness ofhousing for all animals. The highest qualitv ofcare daiiy.
12. Advanced working shelter and hospital located close to Seal Beach CA. for ease of animal conrol officers.
13. Adoption rates that have proven successful for l2 years
14. Proper disposal of animals. Never has an animal been used for medical research. 15- All eutlrarrasia standalds are followed arrd exccedcd. Low eutltartasia rates for l2 years
16. Collection fees have been in place for l2 years and payment to the city has begun to have a routine that ensures delivery on time.
17. All animal records have the necessary data to ensure proper record-keeping procedures.
18. All reports are emailed monthly for revierv as required.
19. A full team of skilled doctors with a diverse set ofexpertise
20. Radiologis[ and orthopedic surgery available
2l . Emergency 24hr services are available.
22. Fast and efficient processing of animals upon intake and discharge.
23. A notable surgical team and wel!-trained technicians and staff
24. Knowiedgeable administrative deparlrent
25. Clean and interactive boarding facility with the capacity to serve 100 dogs and 300 cats. 100 rabbits. and other exotic pcrs.
26. Isolation accommodation for quarantined and pets held in prorective care.
27. Progressive integmted computer syst€m with the use ol Shelterluv at no cost to Seal Beach Animal Control.
28. Provide the animal control officers with controlled substances as listed rn the RFp or veterinary standards that were written by VMB of Califomia.
29. Provide direction to ACO for injured or hit by-car animals to which emergency service, Westminster Veterinary Group, or Orange County Emergency pet Clinic to transport the animal too when WAGS does not have a veterinarian on duty.
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2. Inrplcmcrrtation plan t0 satisfy requirenrenis ofthc scope ofservicrs.
We have proven to satisry the expectations ofthe scope of services listed under the RFP for the past l2 years for Westminster aud Stanton, CA, and can provide the same services to Seal Beach, CA.
c We have developed a handbook to distribute to the Westminster Animal Group Services staff. The handbook will contain policies and procedures and outline expectations for the staJf.
. We have trained and educated staff on new duties and responsibilities to satis$ the scope of services required by the City of Seal Beach, CA.
r \Ye have offered necessar,' medical treahnent and ofier fbod, shelter, ard exercise to the animals complying with the Humane Society's Uniform Standard Guidelines for the operation of animal shelters.
. We have accepted all animals including exotics, birds, and companion animals. . We have developed a drop-off procedure that will satist both parties. . We have developed an impound procedure satisfoing the requirements ofthe scope of o We have worked with animal control services and developed a procedure for quarantined pets or pets held in custody.
o We have included our euthanasia policies and procedures in the animal control service handbook.
. Wc havc offcrcd au aduptiuu scrviuc, mccting ihe rcquircurcnts u[Scal Bcauh, CA. r We have developed a policy and procedure addressing the disposal ofunclaimed animals according to the RFP scope of services.
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We have implernented a detailed records system utilizing our irtegrated software system. All records will be available on premise for a minimum of 3 years. We will submit monthly reports to the Seal Beach Animal Control staff. Reports will include the number of impounds, disposition of animais, and fees coliected that arc payable to tlre Ciiy ofScal Beach, CA. Seal Beach Animal Control staffv/il[ have access to all reports and related software used to tnaintain Seal Beach impound records. Reports will include the following:
. Description of the animal, including its breed, color, size, sex, and disposition. o A record of who brought in the animal, the date animal was brought in, and where and how the anrmal wa^s obtained.
o The animal's owner
e Duration of stay
. All rnedical carc rccords.
o When was tie animal adopted and who adopted the animal? e Name and address of new owner/micochip information
. When the animal was euthanized and the reason
. Dsposition of all complaints regarding animals
e All dangerous or potentially dangerous animals and dog-bite incidents o Record all fees collected.
. Records oflicenses sold rvill include when dre animal was redeemed and who redeemed the animal with names and addresses.
Reports will include requirements of RFP Scope of Services. We will develop a template for the repon and train staffon how to complete reports.
We r.vill Cevelop a drop-off procedure tc meet all psrty's needs We will develop a communication system identi$ing key people in both organizations.
We rvill train Animal Contrcl Staffon the rele'ent ccmputer sofh*are enabling them to access rEcords as needEd.
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3. Qualifications of primary stalf
Dr. Greenberg the owner/founder of Westminster Adoption Group Services is currently involved in ths dcvelopment of the pzrrot wellncss center at The University ofCalifornia Davis School of veterinary mcdicine. Dr. Greenberg also worked with the Maui Animal Rescue Services (MARS).
She has demonstrated skills to assess and care for over 100 rabbits, 200 birds, chickens, and livestock in the sanctuary. She has practicing surgeries for small animals and exotics for over 30 years. She is highly revered in her field ofpractice. Shc has autlored numerous articles for veterinary textbooks andjournals. She has taught exotic animal dentistry labs to fellow veterinarians at various veterinary conferences. In addition, Dr. Grcenberg is an associate professor at the \YEstem Universiq School of veterinary medicine and continues to mentor veterinary students from Westem Universi$r. She trains the studcnts to care for small animals, exotics, and various wildlife brought in by the public.
Michelle Russillo, CEO/President has a DBA (Doctorate in Business) and approximately 40 years of management, leadership, and non-profi t business experience.
Cortney Domey, Executive Director, is experienced in shelter medicine fbr over 25 yea$. A certified kainet in pet behavior training. Continued education tfuough local conferences and a certificate program is ongoing.
Reviewing shelter practices and procedures to ensure efficient and economicai use of resources.
o Cleaning and disinfecting shelter areas/cages.
o Maintaining records on animals in the shelter.
o Responding to requests from Seal Beach Animal Control staff. o Provision of animal bebavior evaluation (SAFER test) within 72 hours of an animal being housed.
o Ability to work well with the general public.
o Ability to implement community programs that enhance services for the animal and the City of Seal Beach.
. Children reading to cats.
. HISS, BARK. anC II{RE- all engagement-oriented programs to help increase adoptions. Completed by local families.
. Hosting children's birthdays
. Dog Biscuit class and dog lesson for young children
. Business volunteer days to €ncourage teamwork and civic duty. . Children's creative program- local schools for all ages including Special F.ducation classes are invited in to share their arts, and skitls andtor take a tour to plan careers in animal sciences.
. Known as the middle school and high optimal volunteer location. We have over 200 kids who completed their required service hours at WAGS. . Boy and Girl Scout badge completion location.
. Yoga witl animals
: Active voltrnteer ploglalll with orientation rlonthly r,v ith attendarroe of i0-40 adults participating.
. Attends community outreach presentations.
. Veterinarians:
o Dr. Greenberg-35 years DVM
o Dr. Tran- 9 Years DlM
o Dr. Beals- 8 years D\&{
o Dr. Rettig- 8 years DVM
o I)r. Mathew- 8 years DVM
o Dr. Hamilton- I year DMV
o Dr. Linda Larsen -35 yrs. Orthopedic Surgeon DVM
o Dr. Reed- Radiotogist, DVi!{- 28 y-ears veterinarian
! Dr. Michelle Russillo - CEO/President l2 years
> Cortney Dorney- Executive Director 12 years
D Staff
Josh Wilkins- Behaviorist Enrichment Trainer for dogs
Amelia Pham- ,Assistant Manager
Selena Garcia- Assistant Veterinary Technician
And 3 additional full-time and 4 part-time kennel attendants > Volunteers - too numerous to note.
) Plau College- Dr. Roberts - 20-year veterinarian
't'he statT rs highly trained in exotrc and small aninral care. l'hev ti)ll{rw proPer vetennary t ainrng, and hands-on experience and are mentored by a supervisor for the first six months. Complete performance reviews are done every year and measurable goals are set to help each employee improve their skills.
Associate doctors are required to meet and exceed all CE requirements. All doctors are trained in handling. medical and surgical treatment ofdogs/cats and exotics.
Association affiliations inciude the Southem Califomia Veterinary Mcdical Association, the Association of Reptile and Amphibian Veterinarians, the Association for Exotic Mammal Veterinarians, the Association of Avian Veterinarians, and the Intemational Academy of Veterinary Pain Management, the Veterinary Medical Association, the American Association of Veterinary Dermatologists.
We have sensible practices and procedures that meet both Federal and State requirements. Veterinary Medical Board has given WAGS its license numbcr.
Westminster Adoption Group Services meets the environmental and professional requirements to offer animal shelter services.
References are available from vendors and communitl supporters as needed, Some are listed below.
o City of Westminster
. Platt College
o Midway City Feed, inc.
Cheryl Hiett- President
N'lidu avciwf'ccd I ra gDra cotn
Alamitos Animal Hospital, Dr. Albert Leung
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4. Response to Scope Items Listed Above
We are agreeable to all scope items listed in the contract and we confrm that we are in alignment with the following:
1. Contract term of 2 years and options.
2. We will accept all animals according to the contract with Seal Beach, CA
3. We will ensure proper housing and food for all animals.
4. We will accept all animals including cxotics, birds, and companion animals.
5. We will adhere to established drop-off procedures enswing the Seal Beach Animal Control Officers rvill have access to lhe shelter portion ofthe faciliry 24 hours per day. 6- Impoundment Procedures listed in the Scope of Services will be followed.
7. The hospital can shelter i00 dogs and 300 cats. Wesfninster Adoption Group Services will properly accommodate quarantined animals and animals held for investigations per the guidelines of animal control. WAGS will use fostering as an option to care for animals.
8. The animal shelter will comply with HSUS standards tbr the operation of an animal shelter.
9. We will allow the Animal Control Officers to enter and inspect the premises during regular business hours.
10. Westminster Adoption Group Services will ensure oulstanding care for all animals.
Qualitv housing and food will be provideri for all animals. We will ofier ciean and appropriate facilities for all animals.
I I . Veterinary services will be available during normal business hours and the emergency care hospital is under contract for after-hours.
12. Pet owners ofimpounded animals are responsible for all routine and emergency veterilary care costs, but Seal Beach will cover/reimburse WAGS the costs for emergency care as listed below in this document. The city will be billed monthly in these cases.
13. We will meet all special handling requirements lbr quaranrined animals and pes in protective custody.
i4. We are responsible for making reasonable efforts to prepare and present animals for adoption. We rvill try to find an adoption home for all adoptable aninals in the shelteq ensurirg compliance with the holding period.
I5. We will meet thc requirements for the disposal of rurclaimed animals. ,!trre will ensure humane treatment and a holding period ofno fewer than 72 hours unless warranted because ofmedical purposes. Animals will not be sold for medical research or orher activities, which may cause harm without the consent and approval from Seal Beach, CAAlimal Cerritrol.
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5. Fee Proposal
The Westminster Adoption Group Scrvices offers fair and reasonable fees' Animal Control animals brought to Westminster Veterinary Group or Orange County Emergency Pet Clinic have set limits to care.
An emergency rcquiring X-ray, medical care, and emergency medication (typically Hitby a car or animal atlack) is $350.00/animal. No extreme measures will be talien- Our goal is to stabilize and give pam niedication to allo*'pet parents to claim their lost pet.
Injured animal requiring x-Ray and medical care is S150.00/animal (typically found with a limp, or non-urgent medical wound)
Hoarder/breeder animals brought to WAGS more than 25 animals in one case will be subsidized *'ith a $5000.00 one-time stipend, over 50 animals in the hoarding incident will be$10,000.00 and over 75 ho:rded animals will be S15,000.00, and lastly, over 100 hoarded animals $25,000.00 for medical exams' cost of care and s/n.
WAGS will carry insurance as prescribed in the RFP cxcept for the Gencral Liability maintenance for 10 years after the close of the business. Insurance will be held for the pericd that is shou'n to resclve any cur.stending issues.
Fee collection will include payment to the City of Seal Beach before the l0u' of each rnonth but wi ensure non-neuter fees are held aside by Seal Beach for an active TNR program reimbursement to WAGS monthly.
WAGS urill keep the Over the Counter fees charged for boarding, medical, vaccines, microchip. rabies and any other appropriate charge to the ou'ner. sheltering at WAGS has had to increasc yearly costs ofcare. The annual cost estimrte docs not include wildlife. Wildlife is to be transported and treated at a more appropriate service like Detailed Description Monthly
Cost
Anirnal Shelter Services for Anticipated Anticipated
S6000.00/month $72,000
Based on Seal Beach's 2021-2022 Spay/neuter
Dogs 17 Housing/care
*D..-,{ ^- +k- ^,,---} r---Ggts.l5^., -.'[ledicat*ars -. ) Annual Cost
I
WAGS
v-_ -.-'"-r, J
ffiff
S.A,U.E.D.
Wetlands and Wildlife Care Center in Huntington Beach, CA unless it is deceased, and then WAGS lyill properly dispose of the animal.
Figure I
According to WAGS records in Shelterluv January 1.2lZ2-December 31,2022 Length of Stay
Spccics
Dog
lncluded
Visits
ll
t4
11 Excludcd
Visits
Avcrage
Ileys in
Custody
160
Averagc
Deys on
Sitc
AYcrage
Days
Available
Cat
Rabbit.
Domestic
79 67
11 73
r52 r36
WEGS
-APPENDIX A
Resumes
Huntington Beach, CA 92648 ' (401 ) 965-2537 .
Linkedln: www.linkedln.com/in/dr-nrichelle-denise-russillo-8a1 2b31 4
PROFESSIONAL SUMMARY
Using high-level planning and anaiytical skills, assist organizations to develop strategic plans and increase efficiency, effectiveness, and expanding profitability while creating a work culture that has belongingness and value.
EXPERTISE: Create strong leadership teams and long-term success Design best practices for business operarJons. lmprove emptoyee productivity and satisfaction Lead organizational and cultural change. Facilitate effective meetings and planning sessions.
SKILLS
. Stakeholder Management
. Financial Management
o Executive Leadership
. Strategic Planning and Execution
. Cross-Functional Collaboration
. Analytical and Critical Thinker
. Balanced Work Ethic
. Management Team Leadership
. Mission and Vision
. Cross-Functional Collaboration
r Business Consulting
o Analytical and Critical Thinker
. Results Orientation
. Balanced Work Ethic
WORK HISTORY
cEo
WAGS Pet AdoptionMestmihster Adoption Grp Service _ Westminster, CA 07/2011 - Current
. To plan, organize, manage, and supervise all aspects of operations.
WAGS
. Operational management ensures the mental and physical health, well{eing, and placement of all shelter animals, including maintaining a working relationship with local veterinarians.
. Public relations, ma*eting, and fundraising
. Prepare annual reports that summarize shelter activities. . Coached and guided senior managers to improve effectiveness and policy enforcement, resuiting in improved employee job satisfaction and higher perfcrmance levels. . Monitored use of best practices at levels and implemented conective actions to bring employees inlo compliance.
. Determined vision and strategic direction for animal care and coordinated resources to achieve targets within optimal timeframes.
. ldentified and capitalized on short- and long-term revenue generation opportunities to maximize bottom-line profitability.
. Maintained effective staff and resource utilization rates to balance flnancial and operational obligations.
. Created and impiemented standard operating procedures lor records handling. . Built and maintained excellent customer relationships through timely response to inquiries and going above and beyond to accommodale unusual requests. . Conducted invoicing and investigated accounts receivables discrepancies. . Continually sought methods for improving daily operations, communications uJith clients, recordkeeping, and data entry for increased efficiency. . Used many software applications such as; Mailchimp, Ring Central, Sling, Connecteam, Shelterluv, and QuickBooks to prepare various correspondence, reports and other written rnaterial.
. Negotiated new annual contracts and service agreements with vendors to achieve prime pricing.
. Supervised the writing of all grant applications and checked the information for accuracy before submission.
. Established new customer seryice and problem{esolution processes to improve client satisfaction rates.
. Recruited new members by networking at community events and distributing promotional materials to attendees.
. Worked closely with organizational leadership and the board of directors to strategically affect the operational direction.
. Priorilized and allocated valuable resources to meet business targets. wtltro.
$.' -l "-' J
qaftry'
S.A.U.E.O.
. Aligned department vision, goals, and objectives with company strategy to achieve consistently high results.
. Evaluated service contracts and collaborated lvith legal counsel on negotiated improvements.
. Exercised appropriate cost control to meet budget restriclions and maximize profitability. . Drove strategic improvements to enhance operational and organizational efficiencies. . Created promotional materials and provided insightful information to social media, websites, and print media to educate the public.
. lmproved performance management system and introduced program Zoetis Leaming Media to develop future leaders.
. Maintained P&L and shouldered corporate fiscal responsibiliw. cEo
Westminstcr Veterinary Group - Westminster, CA
1012010 - 0312021
. Clarily the business priorities and set measuratrle outcomes. . Develop operational standards that reflect best practicrs ensuring that the uttimate goals of the company are met.
. Assist in developing mission, vision, policies, procedures, staff evaluation metrics, and training programs.
. lncreased company revenue up by $400k through aggressive new market strategies. . Coached and guided senior managers to improve effectiveness and policy enforcement, resuhing in improved employee job satisfaction and higher performance levels.
Assistant Director
West Bay Residential Services lnc. - Warwick, Rl
1011987 - 10/2009
I Lead and facilitate diverse stakeholders in understanding core values, vision, and mission of the organization.
. Align stakeholders engaged in the process of organizational development. . Help the organization to cleariy detine strategic direction. . Oversaw day-to-day production activities in accordance with business ob.lectives. . Defined, implemented, and revised operational polides and guidelines. . Achieved team goals through formalized training plans, coaching, and performance management.
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. Assessed performance management structures and implemented enhancements to improve frameworks and slrengthen results.
. Monitored budget and utilized operational resources.
. Worked collaboratively with functional leaders to implement new procedures and conective actions to improve quality.
. Evaluated performance, adiusted strategies, and maintained agile sustainable operations. . Kept up tc date with industry trends and identify areas of opportunity to drive imprcvements.
EDUCATION
Doc{orate in Business Administration: Business Administration and Management Argosy University - Orange, CA 08/201 5
Graduated - Summa Cum Laude
Master's: Business Administration and Management
Universitlt of Massachusetts - Dartmouth - North Dartmouth, MA 05/2001 Graduated - Summa Cum Laude
Member of Honor Society - Phi Beta Kappa
Bachelorette of Sclence: Special Education: Moderate to Severe K-9 grade and Regular Education K-6 grade.
Rhode lsland College - Providence, Rl 05/1989
Dean's List 1986-1989
Associate in Arts Degree: Human Services
Community College of Rhode lsland - Rl 05/1986
WAGS,
:lJ': Il I LTO\ .\\'t. . StST.r'IINSTER
(7 l4)
c,\ . r?63J
CORTNEY DORNEY
\\:OP. K ts]\PI-]RII]\] CE
7/2011-Current \trAGS Pet Adoption
V'estminster, CA
Director oJ Operatioat
r Rcsponsiblc fot anl'v'hcrc from 250-7ffJ pcts, cosuriag thcir liling arcas arc propctl,v clcancd and disinfected daily to teduce the spread of disease
r Responsible for regulady reviewing shelter policies and procedures to eflsure best practices. This includes budget reviews to eosure that we are uslng our resoutces efficiently & economically r Ability to work well and closely vith the public oo a daily trasis io persoo as well as assisting the maintenance of mu.ltiple social media sites
o \Vorks close\ u'ith Wesnrrinster Aaimal Coltrol officets witl intakcs, redemptions, xnd 1e6d cases es $/ell as respondrng to any requests and adopnng any cuirent changes tn etther Plotocols or tces rmPosed as determioed by the city
o ln chatge of pct adoptions, mobile adoption events and updating multiple adoptioo websitesldatabases on a regulat basis
o Supervises 12 employees aod about 50 voluntecrs tot2] r \l(/orkr closely srith the Vrterinarians oo staff to eosute the health aod rvell-heing ofthe petr io out care . Perfbrms and documents behavloral evaluations on pets avarlable for adoption a^s q/ell as rerieqrs dit6cult cases u,ith Animal Cootrol Officcrs prio, to either dispositiol or adoptioo placemenl 10 /2W8-7 /2011 AAA Animal Hospital
Huntington Beach, CA
H^a;r.1 lI.--.".
o Rcsponsible for &10 employees & supersiscd a.ll front ofEcc goinpp oo o Oo the team of saffin chargc of changing over hospital ftom paper charts to paperless computct systcm r Assisted clients with any complains o! concems thcy had u'ith the hospital o In charge of ordedng and marketing for the hospital
e Resgrnsible for hirinpJ and firing employees
o Inrpiemented oew ptograms aod protocols widril dre hospitd 2/2008-10/2008 Disneyland Resort Anaheim, Ca
Arca lvlanager, Circle D Coral
. Rcsponsible for overseeing cve4tling that hed to do with animals wi*Lin the patk . Super\,ised or.et 40 cmplcrrcs
. Developed arrd implemcnted new training techniqucs for thc 20 ne'w daft horses I purchascd for usc in w6GS"
s.A.u.E.D.
tlre park as well as new safet, guidelines to carry out that ttaioing . Developed "Equine N{astery/' program, a coutse to be used at Citde D to further the knowledge of t}re employees in my chargc
. Ctcatcd ocn,idcas ofsrhere Disnel'leod could use rnimals Srouglrout thc rcsort r lUotked with draft horses of al} ages, goats, sheep, largc parros, cows, and mini dookcys 10/2004-1/2008 Animal Cate Center of Huntington Beach Huntington Beach, CA 6 /2001-2/2003
Hcad Veteirury Tabnician/ Hoqilal Momgcr
' Supcn:sc all hospital functions ard catc ofovcr 160C dicnts . Implcment new training procedures, iacluding developing a new taioing manud . Responsible fot hiring , training aod dischatgiog both adminisuative aod bospital staff . Pedorm multiple medical procedules, iocluding I.V. catheter placement, phleboromy, aod surgery assisting 6/1997-present Clwner COAST Dog Training
CA
H ead Tnt ircr/ B ehtaioin
. SpecialirnC in shclter animals and associated behavior problems . Private aod group classes
. Obedience and behavior training
['Iuntington Beach,
12/ 20f.2-10 / 2004 Orarge County Humane Society Huntington Beach, CA
S beltrr lvlaruger
. Recruited to marage saff of Eftecn cmployees and over forty volunteers . Developed and implemented new progtams to solicit donetions and increase adoptions . Daily communication with Animal Control Officers and veterinarirns to discuss the well-being of animals and peoding legrl cares
511999-6/2001 Animall\tedical Center
CA
H eatl V e bixag Technician
. Assistcd in building a new rrtcdnary practice to ovct 3ffi0 dicnts . Otganized daily tasks such as sutgeies. medical treatments, and vaccinarions . Nlaintained hospiral equipment and supplies
Fountain Va.lley,
3/1997-5/1999 Oraoge County Humane Society
Beach, CA
A,sislanl Mauger
. Resoondhle fot the health and well-heing of over 10O domestic and exotic animals . Responsible firr kccping vaccination records curcnt firt animal control inspecdons . lnformcd the public of animal .pclfare issucs on site and through the media Huntington
FDI'C \,TIoN
1/2AA5-70A5 Sa:r Juan Collcgc Onlinc Farmington, Nc*' Morico Adnal Sdnce
. Iflurkcd towards R\"f lecrrsc via al Associatc ofArls dcgrec iri iurinra] scierrec wrlt o10/2fi)4-present ContinuingEducation
. WelI over 500 hours in contiauing education ranging from management to cmergency veterinary care to behaviotal sciences
Since fanuary of 2004 until 2019, served on the ciq of Westmioster's potcntia.lly ricious/dangeruus dog boatd. Appointcd by the Citr Council, the three-membet board rccommcnds the disposition of dogs that display behavior potcntially dangerous to the public
For about 8 yeers I worked (volunteered) very dosely with the Great $'renees Rescue of Southem Calilbrnia ir Derore. I rvas oo their rescue board and had been their PR person fot rhe 2-3 years, keeping d-reir Pet6ndcr website current, sending out bi-monthly oe\r,sletters to thcir group ofovcr 200 people es well as headiog up some of their rescue/fuod-raisiog events.
Appendix B
WAGS Pet Adoption
End of the Year 2022 Review
wttlroWAGS is primally the animal shelter for two cities in California, Westminster, and Stanton. We are i'esponsible for tlre .are of all lost and stray animals brought to us. Witlr tlris responsibility, WAGS has possibly gone above and beyond what any animal shelter has done in the Orange County area, possibly California, or at least we hope we have. First and foremost, WAGS regards each animal with the highest concern and treats them with love and kindness even if WAGS is unable to stop a sorrowful outcome in some situations. like a vicious dog having to be euthanized for communitv safetv. WAGS recognizes that animals brought to us are not the animal's fault, we know we are working on a community issue, not an animal issue, so we approach it with the best outcome in mind at all times. WAGS strives for the best outcome for the animals, staff, community, and longevity of the mission. As you read on you on you will see the slrccess of oUr program.
This past year, WAGS had great success and adoption promotionsl 2O2Z gave us quite a few amazing adoptions...1,484 pets were adopted, and that number beats 2021 by 601 Among those were a few of our hard-to-place dogs, Hunter, Ricky, Oakley, Autumn, and who could forget Luna! We also had some creative ways of promoting our harder dogs (cough, cough...Bruce). We put flyers of Bruce in pizza boxes that went out for delivery at a local pizza restaurant and asked to fill our hallway with holiday cards for Mr. Bruce as well to help get the word out about our big boy. We also started a dog foster program to get more dogs out of the shelter to learn more about them to make adoption even easierl This is sornething that we halre never done, and we are loving it! our classroom pet foster program is also amazingly successful- We send out our hamsters, guinea pigs, and rabbits to live in classrooms (all still under the care of WAGS) and not only do the pets get a ton of safe socialization time but EVERY SINGLE ONE of them has been adopted either by the teachers or by students in their class! Our favorite one is the high school class of seniors that made outfits foi their 2 guinea pigs and the kids took their senior pictures with them! Those piggies are LOVED! We also played cat "bingo" again this year for our long term residents which got many of them into forever homes. Another one of our favorites was the 5 days of LIVE videos that were done with our 5 hardest to place dogs. We had so much interaction with our community and a couple of those dogs were adopted because of this fun week-long eventt We also partnered with Chuze Fitness and our HAUNTington Beach Manor for adoption events, promotions, and donationsl
Next, we are going to jump over to our social media ! I We have done 5o MUCH with our social media, it is our only marketing tool and it has served us well. Not only have more pets been reunited with their owner because of it but it also helps us promote our needs, our available pets, etc. Warm Your Heart Wednesday is anticipated weekly, and we are sent submissions almost daily from our adopters! We have been using TikTok and lG Reels to tell our animal stories, rvhich get them more views than regular posts. We have been promoting Amazon Smile more regularly which is bringing in more donations as people shop! We hired a part-time employee to just create social media for us and use her voice to tell the stories of many of our pets. This, and many other key parts, has allowed us to have better social media content wrlt o-
$r,-1"-\ .I wil
s.4.u.E.0.
consistently which has grown all our pages in likes and followers. We held numerous social media fundraisers in which we reached every single one of our Eoals! We tried a WAGS Home Movies social media all-call and almost got that off the ground as well. Our communitY "asks" whenever we have needed food, cleaning supplies, etc. is always a huge success and greatly appreciated
Let's talk more about VOLUNTEERSII We started using laundry volunteers regularly to help us keep up with the barrels and barrels of laundry that our pets create daily. We had a wonderful photographer day where we closed the shelter dovrn for a few hours and rotated through photographers and videographers to come in and capture whatever they could of our in-house pets for us to use on social media. We had so many people show up that we got the entire shelter photographed and we even had one of our volunteers end up adopting one of the dogs! We have started letting senior volunteers train new volunteers which has been a huge help to the staff. We have a new volunteer greeter position to help with the door traffic before we open, and it has already been a huge help! We have had volunteers show up to help with some of our heavy-liftinB proiects too...from movinB hundreds of pounds of rocks into dog play yards to cleaning up around our outdoor rabbit huts to trimming trees and pulling weeds. Every minute of volunteer help is appreciated. Fostering pets is part of our voiunteer program and we could not be more thrilled with how many people stepped up in 2022 to help house dogs, cats, kittens, and puppies in their homes until they were ready for adoption I ln 2022, 1,124 cats and kittens, 85 dogs and puppies, and 24 hamsters/guinea pigs,/rabbits/other exotics were fostered by 234 foster families! We are hoping to increase that exponentially in 2023! And who could forget our AMAZING boy scout who build/created our agility course for the dogs outsidel! Our BET (behavior, enrichment, training) program officially started in 2C22 and recently added the help of volunteers with our BET Buddies programl And...here is some WAGS "housekeeping" items that we are pretty proud of ! We've had more S-star reviews on Google than we have ever had beforel Thanks to everyone who left a review (keep'em coming)! WAGS has some new swag that we are offering for purchase...a WAGS embroidered backpack and a wearable dog treat bag! WAGS started something called "managed intakes", which means that we have better control over what we take into our care. This allows us to provide better care for the pets on property/in foster homes because we are not overwhelmed by the unending number of stray and owner surrenders that are presented to us daily. Managed intake allows us to schedule days/times for owners to drop off their pets for adoption as well as be a little more particular about what we take in as strays...only taking what needs to come in and letting the health)- community cats stay put. We opened the doors back up to the public and allowed walk-ins again for adoptions! This has not only increased adoptions, but our community was happy to be back in the building.
WAGS has trained more of our staff to be Vet Assistants/Surgical Assistants to be able to help our vets with exams, surgeries, etc. We have also added more Veterinarians and Vet hours to our schedule making sure that all medical cases get looked at promptly. Let's ist the surgery cases WAGS was able to have done internally or with a specialist coming to WAGS to perform W6GS"
S.A.U.E.O.
the surgery. These are more extreme surgical cases that shelters do not always perform based on aftercare and cost.
We were given a Return to Owner 6rant by UC Davis in the hopes that, by removing the financial aspect of the impound process, more pets would be able to go back home and not sit in the shelter. The program started rn october 2022 anci has helped wrth the 171 pets that were returned home! Owners have appreciated this program! WAGS created QR codes for efficiency regarding adoption applications, easy access to our social media pages, our Petfinder list, etc.
This has been a huge help for both staff and guests to move through the processes more quickty.
We had our first brochure created (for those events that still need paper marketing). WAGS passed our state inspection for our x-ray machine, remained compliant with our DEA-controlled substance tracking, and was 10o% paperless with our shelter computer program for adoptions! We also created infographics for the public regarding cat colonies and had them translated into Spanish and Vietnamesel
Lastly, our TNR (trap/neuter/release) program is still going strong for Westminster and Stanton! ln 2022, WAGS performed spay/neuter surgery on 379 community cats and, with the help of Westminster Animal Control Officers, were able to return them to their colonies/neighborhoods to live their lives without fear of creating more kittens!
EXHIBIT C
WAGS Contracted Monthly Services Fee Details dated
June 22, 2023
Westminster Adoption Group and Services, Inc
6621 Westminster Blvd, Westminster CA 92683
714-887-6156
[email protected]
www.wagspetadoption.org 501(c)(3)
45-2740601
WAGS CONTRACTED MONTHLY SERVICES FEE DETAILS
June 22, 2023
Line item #1- Monthly fee of $6,000.00 - What services included in this fee?
1. WAGS is compliant with all CA Veterinary Medical Board rules and protocols. WAGS complies with all OSHA, Drug Enforcement Agency, California Department of Health regarding radiation exposure, and the City of Westminster ordinances and licensing. Shelterluv is a cloud-based software system used to collect all animal related and adoption information. WAGS delivers a service of animal care that exceeds accepted standards and care. WAGS strives to build a strong community with the citizens within the city we service. WAGS prides itself on compassionate care, community connections and animal welfare.
2. There are 3 ways a pet comes to WAGS.
a. ACO brings in the animal except wildlife. ACO can also bring in deceased animals, which they will tag and bag the animal to be placed in the cremation freezer in the backyard. ACO will be given a key to enter the backyard with ease. ACO bringing in a living or deceased pet will enter all the pertinent data into Shelterluv.
b. Over the Counter animals are brought in by Seal Beach citizens are entered into Shelterluv by WAGS employees
c. Relinquished/Surrendered animals that are brought in by the pet’s owner will be entered into Shelterluv by WAGS employees.
3. All animals except wildlife are brought to WAGS through ACO, Owner Surrender, and Over the Counter. Just for a point of reference- WAGS will try to schedule owner surrenders for when there is space allowed by using a managed intake system. This reduces over-population, especially of dogs.
If the owner needs to relinquish the animal immediately, WAGS will assist them. There is no limit to how many animals are allowed to be brought to WAGS in these three categories. This is covered by the monthly fee of $6K.
a. The monthly fee includes an intake exam by a veterinarian upon arrival or within 24 hours.
Suppose the pet is not cooperative and needs medication to help with anxiety or aggressive behavior. Veterinarians decide on all medicines and dosages following the Veterinary Board Medical (VMB) protocols and rules. Once an exam is completed, the veterinarian documents all findings in the Shelterluv software program. This software complies with all medical, vaccines, exams, a picture for identification, euthanasia details when deemed necessary, and diagnostic and surgical information regarding each animal brought to WAGS. Each animal is given a specific identification number and record. This record will also include behavioral, intake, holding, adoption, return to owner, fees charged, legal documents, and applications that the owner relinquishes and surrender information such as bite history and euthanasia details as required by law. Animal Control will have access to all the data and field services components in Shelterluv software to record intakes and data findings regarding the animals and pet owners. This data is available offsite and is cloud-based. WAGS pays the monthly service fee and does not charge the city for using this data program.
Westminster Adoption Group and Services, Inc
6621 Westminster Blvd, Westminster CA 92683
714-887-6156
[email protected]
www.wagspetadoption.org 501(c)(3)
45-2740601
b. All animals are processed with a picture, exam, vaccines, flea meds, microchip check, and a beginning profile to share via social media and many national lost animal websites like Petco Lost Pets, Petfinder, Pawboost, and Nextdoor.
c. WAGS maintains contact with the public via social media, phone, and texting. Our goal is to get this pet back to the family.
d. Housing, daily care, and medical oversite are included in the monthly fee. WAGS meets and exceeds all Guidelines for Standards of Care in Animal Shelters written by the Association of Shelter Veterinarians. Housing is appropriate, safe, and warm. Veterinary services are available daily at WAGS or Westminster Veterinary Group across the street. After hours, WAGS has an active Orange County Emergency Pet Clinic account. Dogs are given the opportunity several times daily and could be involved in our Behavior Enrichment Training (BET). Cats are enriched with activities and children reading to them. Constant Stimulation change. Soon kittens will have portal living in kennels, considered the highest quality of life for kenneled care. e. There are four outcomes for any animal in WAGS care: adoption, transfer to a partner organization, euthanasia, or death in care. Adoption is always the first choice and the leading mission. All outcomes are documented in ShelterLuv, and records are kept indefinity. f. Euthanasia protocols are followed and deemed necessary for quality of life or are too dangerous if placed back into the community.
4. Euthanasia Training for ACO’s – WAGS will cover the cost for the class taught by WAGS veterinarian.
5. WAGS overhead and supply costs are all internal costs. These costs are not passed onto contracted cities. These include medical equipment, animal supplies, medicine, drugs, vaccines, utilities, insurances and so forth.
Line item #2- Monthly fees in addition to the $6000.00
1. Medical Care
a. During the first 72 hours of care, the pet is considered the property of Seal Beach until either the owner is found, or the pet dies. Seal Beach covers the medical costs if the animal is or has to be brought to any veterinary hospital or emergency clinic other than WAGS in the first 72 hours. Pets are transported to and from the emergency hospital by Seal Beach ACO’s. THEN on the 73rd hour, the pet becomes the property of WAGS which is responsible for all care costs, including medical. In most cases, animals are brought to WAGS, and there are no additional fees because they are stray or homeless, not injured requiring medical care. CARE AFTER 72 hours is COVERED BY THE MONTHLY FEE.
*Before Seal Beach ACO’s transport a sick and injured animal to a designated hospital they should first contact WAGS for veterinarian on duty status. Then if there is no veterinarian scheduled to be onsite then Seal Beach transports the animals to the emergency hospital and is billed directly by the veterinary emergency hospital for the care given to the injured animal.
Westminster Adoption Group and Services, Inc
6621 Westminster Blvd, Westminster CA 92683
714-887-6156
[email protected]
www.wagspetadoption.org 501(c)(3)
45-2740601
b. When WAGS does not have a veterinarian on staff and WAGS has to transport the animal to an external veterinary hospital for care because within the first 72 hours of care because the pet has dramatically declined in health status. The upper limit of allowed care is $350.00.
WAGS will authorize the care based on the animal's medical presentation and treatment plan.
If the quality of life is low and the prognosis is terrible- WAGS will have the animal put to sleep (PTS). If pain control and diagnostics are needed and do not exceed $350.00 per animal, WAGS will permit the external hospital, for example, Westminster Veterinary Group, to perform the required medical care.
Often, WAGS administers try to keep the cost to $150.00 for minimal care and stabilization to transfer it back to WAGS for a veterinarian to follow up on it the next day. All invoices to Seal Beach for this type of medical care happen monthly per pet incidence and net 30. All documentation is kept in Shelterluv.
2. TNR
a. California does not mandate TNR programs, but if Seal Beach wants to have feral cats brought to WAGS and not euthanized, a Trap, Neuter, and Release Program (TNR) is an option. This refers to only cats. Fees are Male TNR $20/cat and female $50/cat. There is no dog TNR program. WAGS bills 1
st of the month with a 30-day net. All TNR are
recorded in Shelterluv like any other animal. TNR cats are brought in ACO and Over counter citizens with proof of license reflecting a Seal Beach address. All TNR are tagged by location found and returned by ACO to that location. This is community cat population control. This is the standard Koret Animal Shelter Medicine recommends. b. Currently, the city of Westminster pays for the TNR program by putting money aside that was collected for fees for licensing pets in the city. This gives them a fund to draw from for the year. They inform WAGS that we must limit the program if the funds run low. In addition, WAGS suspends the TNR program when there is an overwhelming number of kittens. An example is in the kitten season June-September—the TNR program ebbs and flows. This is only an idea. Seal Beach can fund it vis grants and funds help aside.
WAGS will communicate to the citizens the program you choose.
Line item #3- Monthly Billing
1. 1
st of the month - $6000.00
2. 1
st of the month- reimbursement for medical care in the first 72 hours if it was transported by WAGS
3. 10th of the month – TNR totals for the previous month
4. 10th of the month – Reconciled fees charged by WAGS for Seal Beach for Return to Owner (RTO) incidences of the prior month.
a. A report is first sent to ACO officers between the 1st – 7 th to ensure the accuracy of
Shelterluv accounting for all animals returned and fees collected at WAGS. b. WAGS does not have the authority to forgive fees assigned by Seal Beach. This is between the animal owner and Seal Beach officials. Seal Beach ACOs keep track of this information.
Westminster Adoption Group and Services, Inc
6621 Westminster Blvd, Westminster CA 92683
714-887-6156
[email protected]
www.wagspetadoption.org 501(c)(3)
45-2740601
c. All changed or reduced fees must be communicated to WAGS by a Seal Beach ACO before the lowering costs can be permitted on a case-by-case basis. d. Once the report is approved, the check is sent to Seal Beach. c. WAGS collects its own fees related to medical care while in custody, microchipping as required by California law, and other related care costs. And this money is not reported to Seal Beach. If WAGS reduces its fees or uses a sliding scale, there is no billing back to the city for the lost revenue. Additionally, if WAGS receives a grant for removing the fees to Return to Owner, it is the discretion of WAGS to cover the city fees with said grant. If the grant does not cover the fees, the owners would have too, unless the fees were forgiven by Seal Beach authorities and communicated to WAGS. e. If an animal received emergency care while at an emergency hospital and survived within the first 72 hours, the fees for the emergency service given would be collected and reimbursed to the city during the Return to Owner billing by WAGS. The owner needs to re-pay the city for the hospital care. WAGS will include these collected fees as reimbursement during the monthly reconciliation. (This is a rare occurrence) f. If an owner is found while the pet is at the hospital, the owner and the attending hospital are to work out the billing independent of WAGS. (This is why we don’t exceed $350).
Then the owner can decide what more care they want to give their pet based on their financial situation.
g. WAGS does not do owner-requested euthanasia unless the pet is transported in by ACOs as an owner relinquish.
5. 1
st of the month billing for requested purchases.
i. If WAGS needs to make purchase for ACO’s use, WAGS will bill Seal Beach for the purchase of the medication or item. For example, euthanasia drugs must be purchased thru WAGS because WAGS holds the DEA licensing for purchases.
6. Hoarding Cases fees listed below-Net 30 after intake day. * It is rare to have a hoarder case but can be costly on the front end due to emergency veterinary care that needs to be done within the first few days. as a one-time payment to cover increased staff and vet costs.
a. More than 25 animals: $5000.00 Stipend
b. More than 50 animals $10,000.00 Stipend
c. More than 75 animals $15,000.00 Stipend
d. More than 100 animals $25,000.00 Stipend
Sincerely,
Dr. Michelle Russillo
WAGS Pet Adoption
CEO/President