HomeMy WebLinkAbout07 - CC-8 - Animal Shelter Services - 1/20/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: January 20, 2015 ITEM NUMBER: CC -8
SUBJECT: ANIMAL SHELTER SERVICES
DATE: December 17, 2014
FROM: CHIEF EXECUTIVE OFFICE / POLICE DEPARTMENT — ADMINISTRATION DIVISION
PRESENTATION BY: GREG SCOTT, LIEUTENANT
FOR FURTHER INFORMATION CONTACT: GREG SCOTT 714-754-5265
RECOMMENDATION
Award the animal shelter and related services contract to the Orange County Humane
Society (OCHS), 21632 Newland St., Huntington Beach, California, in the amount of
$75,000 with automatic annual adjustments as specified in the Professional Services
Agreement.
2. Authorize the Mayor and the City Clerk to execute the Professional Services Agreement
for the contract.
BACKGROUND
At the December 9, 2008 study session, City Council directed staff to pursue a Professional
Services Agreement with the Orange County Humane Society (OCHS) for animal shelter
services. This agreement was entered into January 20th, 2009 between the City of Costa Mesa
and the Orange County Humane Society (OCHS). This agreement continued for three (3)
years and five (5) months, ending on June 30th, 2012. The City subsequently exercised its
option to renew the agreement for two (2) successive one (1) year periods through June 301h
2014. The City entered into an interim agreement for animal shelter services with the Orange
County Humane Society (OCHS) through January 31St, 2015, allowing the City to consider
alternative viable animal shelter services.
ANALYSIS
The City of Costa Mesa requires animal shelter services which accommodate the needs of
Costa Mesa Animal Control staff and the City. A Request for Proposal (RFP) was distributed
for animal shelter services on October 2nd, 2014 to the following six (6) service providers:
■ WAGS Pet Adoption
■ Orange County Community Resources
■ City of Irvine
■ Orange County Humane Society
■ Laguna Beach Animal Shelter
■ Seal Beach Animal Care Center
Respondents were able to provide proposals by the October 24th, 2014 deadline. Emails of the
RFP for animal shelter services were directly sent to the listed service providers. In addition,
the RFP was posted on the City website and legal notice was provided to the City Clerk's office.
By the listed deadline, only one proposal was returned; this was provided by the Orange County
Humane Society (OCHS).
Term and Termination
OCHS's proposed agreement includes a one-year agreement with an automatic renewal for two
additional one-year periods (unless the City provides written notice otherwise prior to the
expiration of a term).
Compensation and Billing
OCHS's proposed agreement lists payment in accordance with the fee schedule set forth in the
Professional Services Agreement, i.e. not to exceed $75,000.00 for the initial term of the
agreement. If the agreement is renewed pursuant to conditions in the agreement, the service
provider shall be entitled to an increase in compensation of three percent (3%) for each
renewal.
ALTERNATIVES CONSIDERED
The City of Costa Mesa has fulfilled its due diligence obligation seeking an available service
provider prepared to provide accommodating animal shelter services for the City of Costa
Mesa. Only one (1) respondent, i.e. OCHS, Costa Mesa's current animal shelter services
provider, responded to the RFP process.
The City's alternative to accepting OCHS's proposed agreement is to continue a temporary
month-to-month interim agreement with OCHS, while evaluating alternative animal shelter
service providers in further outlying locales.
FISCAL REVIEW:
$115,000 has been allocated for the FY 14-15 Animal Control budget (maintenance and
operations). This budgeted amount, maintained in the proposed FY 15-16 Animal Control budget,
would cover operating expenses under the proposed agreement if the listed Professional Services
Agreement with the Orange County Humane Society (OCHS) is approved by the City Council.
LEGAL REVIEW
The City Attorney's office has reviewed and approved the attached Professional Services
Agreement as to form.
CONCLUSION
It is recommended that City Council award animal shelter services to the Orange County
Humane Society (OCHS) in the amount of $75,000 per year with the automatic annual
adjustments specified in the Professional Services Agreement, and authorize the Mayor and the
City Clerk to execute the Professional Services Agreement.
FA
GREG P. SCOTT
Police Department — Lieutenant
Costa Mesa Special Services Bureau
STEPHEN DUNIVENT
Interim Director of Finance
DISTRIBUTION:
RICHARD L. FRANCIS
Assistant Chief Executive Officer
TOM DUARTE
City Attorney
ATTACHMENTS: 1. Professional Services Agreement with
OCHS
2. California Department of Public Health -Local Rabies Control
Activities Annual Report, 2011
3
ATTACHMENT 1
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
ORANGE COUNTY HUMANE SOCIETY
THIS AGREEMENT is made and entered into this 21st day of January, 2015 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
ORANGE COUNTY HUMANE SOCIETY, a California nonprofit corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to provide animal shelter services, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized
expertise contemplated within California Government Code Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for the specific services
described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in
connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of Sections 1090-1092 of the California Government Code, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described
in the City's Request for Proposal ("RFP"), attached hereto as Exhibit "A," and Consultant's
Response to City's RFP (the "Response") attached hereto as Exhibit "B," both incorporated
herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement.
1.3. Performance to Satisfaction of Citv. Consultant agrees to perform all the work to
the complete satisfaction of the City and within the hereinafter specified. Evaluations of the
work will be done by the City's Chief Executive Officer ("City CEO") or his or her designee. If
the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and
safety in employment; and all other Federal, State and local laws and ordinances applicable to
the services required under this Agreement. Consultant shall indemnify and hold harmless City
from and against all claims, demands, payments, suits, actions, proceedings, and judgments of
every nature and description including attorneys' fees and costs, presented, brought, or
recovered against City for, or on account of any liability under any of the above-mentioned laws,
which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of
the Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior
written consent of City. Consultant may engage a subcontractor(s) as permitted by law and
may employ other personnel to perform services contemplated by this Agreement at
Consultant's sole cost and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization
by City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant's covenant under this
Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
21. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit B. Consultant's total compensation shall not exceed Two Hundred Thirty -One
Thousand Eight Hundred Seventeen Dollars and Fifty Cents ($231,817.50) for the term of this
Agreement. This total reflects a compensation amount of $75,000 for the first year of services
and a three percent (3%) increase for each subsequent year of services within the term of this
Agreement, as follows: Year 1 - $75,000; Year 2 - $77, 250; Year 3: 79,567.50.
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Consultant's Proposal unless the City or
the Project Manager for this Project, prior to Consultant performing the additional services,
2 ORANGE COUNTY HUMANE SOCIETY
approves such additional services in writing. It is specifically understood that oral requests
and/or approvals of such additional services or additional compensation shall be barred and are
unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than two times a month. Said invoice shall be based on the
total of all Consultant's services which have been completed to City's sole satisfaction. City shall
pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to
this Agreement shall be designated.as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue
work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such
acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance
with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable
control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of three years, ending January 21, 2018, unless previously terminated as provided herein
or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
prorated based on the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
ORANGE COUNTY HUMANE SOCIETY
4.4. Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, rated
"A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by
City:
(a) Commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence. If such
insurance contains a general aggregate limit, it shall apply separately to
this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence for bodily injury
and property damage.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers'
compensation insurance policy against the City, its officers, agents,
employees, and volunteers arising from work performed by Consultant for
the City and to require each of its subcontractors, if any, to do likewise
under their workers' compensation insurance policies.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Architects' and engineers'
coverage shall be endorsed to include contractual liability. If the policy is
written as a "claims made" policy, the retro date shall be prior to the start
of the contract work. Consultant shall obtain and maintain, said E&O
liability insurance during the life of this Agreement and for three years
after completion of the work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, officials, agents, employees, and volunteers
are additional insureds with respect to: liability arising out of activities
4 ORANGE COUNTY HUMANE SOCIETY
performed by or on behalf of the Consultant pursuant to its contract with
the City; products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant; automobiles owned, leased,
hired, or borrowed by the Consultant."
(b) Notice: "Said policy shall not terminate, be suspended, or voided, nor
shall it be cancelled, nor the coverage or limits reduced, until thirty (30)
days after written notice is given to City.
(c) Other insurance: "The Consultant's insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers. Any other insurance maintained by
the City of Costa Mesa shall be excess and not contributing with the
insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not
affect coverage provided to the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self-insured retention to provide such coverage, the amount of such deductible or
self-insured retention shall be approved in advance by City. No policy of insurance issued as to
which the City is an additional insured shall contain a provision which requires that no insured
except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement. The
certificates of insurance shall be attached hereto as Exhibit "C" and incorporated herein by this
reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City CEO or his or her designee shall be the representative
of City for purposes of this Agreement and may issue all consents, approvals, directives and
agreements on behalf of the City, called for by this Agreement, except as otherwise expressly
provided in this Agreement.
5 ORANGE COUNTY HUMANE SOCIETY
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT:
Orange County Humane Society
21632 Newland St.
Huntington Beach, CA 92646
Tel: (714) 536-8480
Fax: (714) 536-4541
Attn: Samir Botros, DVM
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 754 -
Fax: (714) 754-
Attn:
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"D" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant
of Consultant's obligation to perform all other obligations to be performed by Consultant
ORANGE COUNTY HUMANE SOCIETY
hereunder for the term of this Agreement
6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify,
hold free and harmless the City, its elected officials, officers, agents and employees, at
Consultant's sole expense, from and against any and all claims, actions, suits or other legal
proceedings brought against the City, its elected officials, officers, agents and employees
arising out of the performance of the Consultant, its employees, and/or authorized
subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation
provided for hereunder shall apply without any advance showing of negligence or wrongdoing
by the Consultant, its employees, and/or authorized subcontractors, but shall be required
whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors,
omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors,
and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected
officials, officers, agents and employees based upon the work performed by the Consultant, its
employees, and/or authorized subcontractors under this Agreement, whether or not the
Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise
asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the
defense or indemnification of the City for claims, actions, complaints or suits arising out of the
sole active negligence or willful misconduct of the City. This provision shall supersede and
replace all other indemnity provisions contained either in the City's specifications or Consultant's
Proposal, which shall be of no force and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an
agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any
of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any
time, or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Consultant and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant 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, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant 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, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
7 ORANGE COUNTY HUMANE SOCIETY
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.
6.12. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or
information shall not be made available to any individual or organization without the prior
consent of City. Any use of such documents for other projects not contemplated by this
Agreement, and any use of incomplete documents, shall be at the sole risk of City and without
liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from
all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting
from City's use of such documents for other projects not contemplated by this Agreement or use
of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings,
reports, documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential
all information obtained by it that is designated as a trade secret. The City shall not, in any way,
be liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the
Political Reform Act (Government Code Sections 81000, et seq.) and Government Code
Section 1090. During the term of this Agreement, Consultant and its officers, employees,
associates and subconsultants shall not, without the prior written approval of the City
Representative, perform work for another person or entity for whom Consultant is not currently
performing work that would require Consultant or one of its officers, employees, associates or
subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest
statute.
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
8 ORANGE COUNTY HUMANE SOCIETY
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and
any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the
extent this Agreement incorporates by reference any provision of any document, such provision
shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the
terms and conditions of this Agreement and those of any such provision or provisions so
incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized
representative of the party against whom enforcement of a waiver is sought. The waiver of any
right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right
or remedy in respect to any other occurrence or event, nor shall any waiver constitute a
continuing waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this
Agreement, based upon the substantial benefit of the bargain for any party, is materially
impaired, which determination made by the presiding court or arbitrator of competent jurisdiction
shall be binding, then both parties agree to substitute such provision(s) through good faith
9 ORANGE COUNTY HUMANE SOCIETY
negotiations.
6.26. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and
shall constitute one agreement.
6.27. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
Date:
Mayor
CONSULTANT
Date: IZJZ3��
- �igrrr re
��r • ck KYN I f - e�CT- -r-0,5
Name and Title
RS—ZzZ-5C)0s
Social Security or Taxpayer ID Number
ATTEST:
City Clerk and ex -officio Clerk
of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
Date:
10 ORANGE COUNTY HUMANE SOCIETY
APPROVED AS TO INSURANCE:
Risk Management
APPROVED AS TO CONTENT:
Project Manager
DEPARTMENTALAPPROVAL
Name:
Title: CrMT*+,.t r'h �P
Date:
Date: ('Z /,1-3 / 7.o I �--
Date: 1 Z 1231)`i
11 ORANGE COUNTY HUMANE SOCIETY
EXHIBIT A
REQUEST FOR PROPOSALS
12 ORANGE COUNTY HUMANE SOCIETY
REQUEST FOR PROPOSAL 15-005
FOR
ANINLAL SHELTER SERVICES
—
Police Department
CITY OF COSTA MESA
Released on October 2, 2014
ANINIA-L SHELTER SERVICES
REQUEST FOR PROPOSAL (RFP) 15-005
Dear Proposers:
2
The City of Costa Mesa (hereinafter referred to as the "City") is requesting proposals from a
qualified public entity or private firm, to establish a contract for animal shelter services. The
term is expected to be for three (3) years with two (2) one-year options to renew. Longer initial
and extended terms will be considered depending upon the Proposer's submission regarding use
of City facilities and equipment.
1. BACKGROUND
The City of Costa Mesa is a general law city, which operates under the council/manager form of
government with a General Fund budget of over $109 million and a total of over $140 million in
fiscal year 2014-2015.
The City of Costa Mesa, incorporated in 1953, has an estimated population of 110,757 and has a
land area of 16.8 square miles. It is located in the southern coastal area of Orange County,
California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach,
Fountain Valley and Irvine.
The City is a "full service city" and provides a wide range of services. These services include:
police and fire protection; animal control; emergency medical aid; building safety regulation and
inspection; street lighting; land use planning and zoning; housing and community development;
maintenance and improvement of streets and related structures; traffic safety maintenance and
improvement; and full range of recreational and cultural programs.
The City of Costa Mesa is home of the Segerstrom Center for the Arts, Orange County
Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which
is the single largest commercial activity center in the City. The volume of sales generated by
South Coast Plaza, secures its place as the highest volume regional shopping center in the nation.
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule:
Release of RFP October 2, 2014
Deadline for Written Questions October 13, 2014
Responses to Questions Posted on Web October 20, 2014
Proposals are Due October 24, 2014
Approval of Contract November 18, 2014
All dates are subject to change at the discretion of the City
SCOPE OF WORK
A. Project PuMose
The City of Costa Mesa is seeking proposals from qualified organizations for furnishing animal sheltering
services to the City of Costa Mesa. The initial tern of this agreement is intended to be for three (3) years
with two one-year options for renewal. The successful Contractor shall provide shelter facilities for all
animals that are impounded or quarantined by Costa Mesa Animal Control Officers for animals subject to
the 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 governmental statutes, ordinances,
rules and regulations and in conformity with established standards for humane animal care.
B. Background
The Costa Mesa Animal Control staff includes two authorized full-time Animal Control Officers. The
Animal Control Detail is supervised by a Police Department Sergeant as part of a collateral assignment.
Based on the statistics for Activities Annual Report, 2013, the Costa Mesa Animal Control Detail
impounds the following average number of animals per month:
Based on Year 2013
Number of Animals per mo.
Dogs
38
Cats
37
*Other
7
* (inchides exotics, wildlife, rabbits & birds)
Of these, approximately 20 are redeemed by owners and another 24 are adopted.
The total average daily number of animal impounds is 5 (various species).
C. Scope of Services
The objective of this RFP is to find the best provider available that can offer animal shelter services for
the City of Costa Mesa. The following is a list of requirements for the Contract in providing the City of
Costa Mesa shelter service needs:
Acceptance of Animals The provider shall accept animals on behalf of the City of Costa Mesa
that are brought in by Costa Mesa Animal Control Officers. This includes live strays, deceased
animals for disposal, and owner -releases for adoption or euthanasia.
2. Drop -Off Procedures. The Contractor shall provide a procedure whereby animals may be
delivered to the shelter. The procedure shall provide Animal Control Officers with flexibility in
chop off times for animals. Numerous drop-offs per clay shall be permitted.
3. Facility Requirements. The shelter shall have an adequate number of dog kennels and cat cages,
isolation facilities for quarantined animals and access to large animal housing. The animal shelter
shall be maintained in a clean and sanitary condition. The kennel shall comply with the standards
set forth in the Humane Society's Uniform Standards Guidelines (HSUS) for the operation of the
animal shelter. The Costa Mesa Animal Control staff reserve the right to enter and inspect the
premises during regular business hours for the purpose of inspecting the facilities for the
conditions mentioned above.
4. Special Handling. The Contractor 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, Costa Mesa 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 Costa Mesa
Animal Control.
5. Other Animals. The provider must ensure that the shelter would accept all animals including
exotics, birds and livestock.
6. Adoption. The Contractor shall be responsible for making every reasonable effort to prepare and
present animals for adoption by the public and to facilitate the same. The contractor shall, prior
to euthanasia, release the animal to an animal rescue or adoption organization if requested by the
organization or rescue. Costa Mesa Animal Control Officers reserve right to deem vicious
animals unsuitable for adoption (i.e. Animal with history of vicious behavior).
Disposal of Unclaimed Animals. The Contractor shall provide for the humane disposal of
unclaimed animals after holding them for no fewer than 7 days, 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 Kann them without the consent and approval from Costa
Mesa Animal Control. The Contractor shall be responsible for maintaining animals beyond the
minimum 7 days as may be required for the completion of any judicial process or to the extent
required by law. Contractor must make all reasonable attempts to reunite animal with 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.
S. Euthanasia. Arrange and/or provide for the humane euthanization and disposal of unwanted
animals. This shall be accomplished in a manner approved by Federal or State regulations, which
shall not subj ect such animals to any unnecessary pain.
Collection of Fees. The Contractor shall be responsible for collecting all fees (Examples: license
fees, 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 within 10 working days following
the end of the prior month.
10. 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
provider should have veterinary services available during normal business hours. Owners would
remain responsible for all routine/emergency veterinary care costs.
11. Records. The Contractor shall keep comprehensive records and submit regular monthly reports to
Costa Mesa Animal Control. The Contractor shall be required to develop its own 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 member of impounds, disposition of animals, and fees
collected that are payable to the City.
12. Emergency Veterinary Care. The City may choose to have the Contractor 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 Costa Mesa Animal Control staff. Please provide a flat fee basis
for this service in your proposal for consideration.
The following is a more comprehensive list of the desired information in monthly report.
**Please indicate in your proposal what 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, 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 and when
• 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
13. Suouly Controlled Substance. The Contractor needs to be licensed to dispense and supply the
Animal Control Officers employed by the City of Costa Mesa with the controlled substances
necessary for performance of field captures and euthanasia.
The following is a current list of controlled substances and the estimated amounts needed:
Telozol (class III drug, 100 rng/ml concentrate, used primarily in dog capture)
Current usage 2 bottles per Animal Control Officer per month
Ketamine (class III drug, 100 mg/ml for cats and subhuman primates, also used
in clog capture) Current usage 2 bottles per Animal Control Officer per year
Sodium Pentobarbital (class II drug, 250 ml bottle, for euthanasia only)
1-250 lul bottle per Animal Control Officer per year
4. PROPOSAL FORMAT GUIDELINES
Interested entities or contractors are to provide the City of Costa Mesa with a thorough proposal
using the following guidelines:
Proposal should be typed and should contain no more than 20 typed pages using a 12 -point font
size, including transmittal letter and resumes of key people, but excluding Lidex/Table of
Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order
and content of sections. Proposal should be straightforward, concise and provide "layman"
6
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 terns of teclnical
commitments, lack of technical competence or are indicative of failure to comprehend the
complexity and risk of this contract may be rejected. The following proposal sections are to be
included in the Proposers response:
• Vendor AnnEcation Form and Cover Letter
Complete Appendix A, `Request for Proposal -Vendor Application Foran" and attach this
fonn to the cover letter. A cover letter, not to exceed three pages in length, should
summarize key elements of the proposal. An individual authorized to bind the consultant
must sign the letter. The letter must stipulate that the proposal price will be valid for a period
of at least 180 days. Indicate the address and telephone number of the contractor's office
located nearest to Costa Mesa, California and the office from which the project will be
managed.
• Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the
City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work of
this RFP.
• lV'lethodologv Section
Provide a detailed description of the approach and methodology to be used to accomplish the
Scope of Work of this RFP. The Methodology Section should include:
1. An implementation plan that describes in detail (i) the methods, including controls
by which your firm or entity manages projects of the type sought by this RFP; (ii)
methodology for soliciting and documenting views of internal and external
stakeholders; (iii) and any other project management or implementation strategies
or techniques that the respondent intends to employ in carrying out the work.
2. Detailed description of efforts your firm or entity will undertake to achieve client
satisfaction and to satisfy the requirements of the "Scope of Work" section.
3. Detailed project schedule, identifying all tasks and deliverables to be performed,
durations for each task, and overall time of completion, including a complete
transition plan. Include your plan to deaf with fluctuation in service needs and
any associated price adjustments.
4. Detailed description of specific tasks you will require from City staff. Explain
what the respective roles of City staff and your staff would be to complete the
tasks specified in the Scope of Work.
5. Proposers are encouraged to provide additional innovative and/or creative
approaches for providing the service that will maximize efficient, cost-effective
operations or increased performance capabilities. In addition, the City will
consider proposals that offer alternative service delivery means and methods for
the services desired.
6. Proposers are also requested to identify any City owned facilities or property
which Proposer would propose to use or lease, purchase, or rent from the City in
connection with the services to be performed, including information about the
terns of any proposed lease, purchase or use of such equipment and facilities, and
how this proposed structure affects the overall cost proposal to the City.
• Staffing
Provide a list of individual(s) who will be working on this project and indicate the functions
that each will perform and anticipated hours of service of each individual. t Include, a resume
for each designated individual.
Upon award and during the contract period, if the contractor chooses to assign different
personnel to the project, the Contractor must submit their names and qualifications including
information listed above to the City for approval before they begin work.
• Qualifications
The information requested in this section should describe the qualifications of the firm or
entity, Ivey 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:
Names of key staff that participated on named projects and their specific responsibilities with
respect to this scope of work.
A summary of your firm's or entity's demonstrated capability, including length of time that
your firm has provided the services being requested in this Request for Proposal.
For private Proposers, provide at least three references that received similar services from
your firm. The City of Costa Mesa reserves the right to contact any of the organizations or
individuals listed. Information provided shall include:
o Client Name
o Project Description
o Project start and end dates
o Client project manager name, telephone number, and e-mail address.
Hourly rates for the proposed personnel shall beset forth on Appendix D.
I
Any public entity which submits a proposal should describe in detail how it currently
performs services like those identified in the scope of work within its or other jurisdictions,
including photographs, written policies and/or video of services provided. If you have
performed these services under contract for another public entity, please provide references
for those entities as set forth above for private Proposers.
• Financial Capacity
Provide the Proposer's latest audited financial statement or other pertinent information such
as internal unaudited financial statements and financial references to allow the City to
reasonably formulate a determination about the financial capacity of the Proposer. Describe
any administrative proceedings, claims, lawsuits, or other exposures pending against the
Proposer.
• Fee Proposal
All Proposers are required to use the form in Appendix D to be submitted with their proposal.
Pricing instructions should be clearly defined to ensure fees proposed can be compared and
evaluated. Proposals shall be valid for a minimum of 180 days following submission.
Disclosure
Please disclose any and all past or current business and personal relationships with any
current Costa Mesa elected official, appointed official, City employee, or family member of
any current Costa Mesa elected official, appointed official, or City employee. Any past or
current business relationship may not disqualify the farms from consideration.
• Sample Agreement
The funi selected by the City will be required to execute an Agreement for Services
(Agreement) with the City. The form of the Agreement is enclosed as Appendix B, but may
be modified to suit the specific services and needs of the City. If a Proposer has any
exceptions or conditions to the Agreement, these must be submitted for consideration
with the proposal. Otherwise, the Proposer will be deemed to have accepted the form of
Agreement. See Section 13, below.
• Checklist of Forms to Accompany Proposal
As a convenience to Proposers, following is a list of the forms, included as appendices to this
RFP, which should be included with proposals
(1) Vendor Application Form
(2) Ex Pat -to Connnunications Certificate
(2) Price Proposal Form
(3) Disclosure of Government Positions
I
(4) Disqualifications Questionnaire
(5) Animal Shelter Services Supplemental Questionnaire
5. PROCESS FOR SUBMITTING PROPOSALS
• Content of Proposal
The proposal must be submitted using the format as indicated in the proposal format
guidelines.
• 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.
• Number of Proposals
Submit one original, Five (5) hard copies plus one disk copy of your proposal in
sufficient detail to allow for thorough evaluation and comparative analysis. In the event
of a conflict between the original and any hard copy or disk copy, the original shall
control.
• Submission of Proposals
Complete written proposals must be submitted in sealed envelopes marked and received
no later than 4:00 pan. (RS.T) on October 24, 2014 to the address below. Proposals
will not be accepted after this deadline. Faxed or e-mailed proposals will not be
accepted.
City of Costa Mesa
City Hall
Office of the City Clerk
77 Fair Drive
Costa Mesa, CA 92628-1200
RE: ANIMAL SHELTER SERVICES
RFP 15-005
• Inquiries
10
Questions about this RFP must be directed in writing, via e-mail to:
Rick Amadril, Interim Buyer
Richard.amadril@costamesaca.gov
The City reserves the right to amend or supplement this RFP prior to the proposal due
date. All amendments, responses to questions received, and additional information will
be posted to the Costa Mesa Procurement Registry, Costa Mesa - Official City Web Site -
Business - Bids & RFP's; Proposers should check this web page daily for new
information. The City will endeavor to answer all written questions timely received no
later than October 13, 2014. The City reserves the right not to answer all questions.
From the date that this RFP is issued until a firm or entity is selected and the selection is
announced, finns or public entities are not allowed to communicate outside the process
set forth in this RFP with any City employee other than the contracting officer listed
above regarding this RFP. The City reserves the right to reject any proposal for violation
of this provision. No questions other than written will be accepted, and no response other
than written will be binding upon the City.
• Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs incurred for any
services. 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(s), or to
cancel this RFP in part or in its entirety. The City may waive any irregularity in any
proposal. All proposals will become the property of the City of Costa Mesa, USA. If any
proprietary information is contained in the proposal, it should be clearly identified.
6. EVALUATION CRITERIA
The City's evaluation and selection process will be conducted in accordance with Chapter V,
Article 2 of the City's Municipal Code (Code). In accordance with the Code, the lowest
responsible bidder will be determined based on evaluation of qualitative factors in addition to
price. At all times during the evaluation process, the following criteria will be used. Sub -criteria
are not necessarily listed in order of importance. Additional sub criteria that logically fit within a
particular evaluation criteria may also be considered even if not specified below.
t. Qualifications of Entity and Key Personnel -------25%
Includes ability to provide the requested scope of services, the Proposer's financial
capacity, recent experience conducting work of similar scope, complexity, and magnitude
for other public agencies of similar size, references.
2. Approach to Providing the Requested Scope of Services -------10%
I1
Includes an understanding of the RFP and of the project's scope of services, knowledge of
applicable laws and regulations related to the scope of services.
3. Price Proposal -----50%
Price Proposals will be evaluated on the basis of the Total Estimated Annual Price
submitted in Appendix D.
4. Innovative and/or creative approaches to providing the services that provide
additional efficiencies or increased performance capabilities. Condition of service
facilities. ----15%
7, EVALUATION OF PROPOSALS AND SELECTION PROCESS
In accordance with its Municipal Code, the City will adhere to the following procedures in
evaluating proposals. An Evaluation/Selection Committee (Committee), which may include
members of the City's staff and possibly one or more outside experts, will screen and review all
proposals according to the weighted criteria set forth above. While price is one basic factor for
award, it is not the sole consideration.
A. Responsiveness Screenina
Proposals will first be screened to ensure responsiveness to the RFP. The City may reject
as non-responsive any proposal that does not include the documents required to be
submitted by this RFP. At any time during the evaluation process, the City reserves the
right to request clarifications or additional information from any or all Proposers
regarding their proposals.
B. Initial Proposal Review
The Committee will initially review and score all responsive written proposals based
upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's
references. Proposals that receive the highest evaluation scores may be invited to the
next stage of the evaluation process. The City may reject any proposal in which a
Proposer's approach, qualifications, or price is not considered acceptable by the City. An
unacceptable proposal is one that would have to be substantially rewritten to make it
acceptable. The City may conclude the evaluation process at this point and recommend
award to the lowest responsible bidder. Alternatively, the City may elect to negotiate
directly with one or more Proposers to obtain the best result for the City prior to making a
reconunendation or selection.
C. Reference Checks, Revised Proposals Discussions
Following the initial screening and review of proposals, the Proposers included in this
stage of the evaluation process may be invited to participate in an oral interview.
Interviews, maybe held and will be conducted at City of Costa Mesa City Hall, 77 Fair
Drive, Costa Mesa, CA 92625. You will be notified of the date if an interview is to take
place and/or a pre -award facilities inspection. The individual(s) from Proposer's firm or
12
entity that will be directly responsible for carrying out the contract, if awarded, should be
present at the oral interview. The oral interview may, but is not required to, use a written
question/answer format for the purpose of clarifying the intent of any portions of the
proposal.
In addition to conducting an oral interview, the City may during this stage of the
evaluation process also contact and evaluate the Proposer's references, contact any
Proposer to clarify any response or request revised or additional information, contact any
current users of a Proposer'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.
Following conclusion of this stage of the evaluation process, the Committee will again
rank all Proposers according to the evaluation criteria set forth above. The Committee
may conclude the evaluation process at this point, and make a recommendation for
award, or it may request Best and Final Offers from Proposers. The City may accept the
proposal or negotiate the terms and conditions of the agreement with the highest ranked
firm, which shall be detennined to be the lowest responsible bidder. The City may
recommend award without Best and Final Offers, so Proposers should include their best
proposal with their initial submission.
Recommendation for award is contingent upon the successful negotiation of final
contract terms. Negotiations shall be confidential and not subject to disclosure to
competing Proposers runless an agreement is reached. If contract negotiations cannot be
concluded successfully within a time period determined by the City, the City may
terminate negotiations and commence negotiations with the next highest scoring Proposer
or withdraw the RFP.
8. PROTEST PROCEDURES
Failure to comply with the riles set forth herein may result in rejection of the protest. Protests
based upon restrictive specifications or alleged improprieties in the proposal procedure which are
apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in
writing with the RFP Facilitator at least 10 calendar clays prior to the deadline for receipt of
proposals. The protest must clearly specify in writing the grounds and evidence on which the
protest is based.
Protests based upon alleged improprieties that are not apparent or which could not reasonably
have been discovered prior to submission date of the proposals, such as disputes over the staff
recommendation for contract award, shall be submitted in writing to the RFP Facilitator, within
forty-eight hours from receipt of the notice from the City advising of staffs recommendation for
award of contract. The protest roust clearly specify in writing the grounds and evidence on which
the protest is based. The 'RFP Facilitator will respond to the protest in writing at least three days
prior to the meeting at which staffs recommendation to the City Council will be considered.
Should Proposer decide to appeal the response of the RFP Facilitator, and pursue its protest at
the Council meeting, it will notify the RFP Facilitator of its intention at least two days prior to
the scheduled meeting.
13
9. CONFIDENTIALITY
The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public
access to government records. Therefore, unless information is exempt from disclosure by law,
the content of any request for explanation, exception, or substitution, response to this RFP,
protest, or any other written communication between the City and Proposer, shall be available to
the public. The City intends to release all public portions of the proposals following the
evaluation process at such time as a recommendation is made to the City Council.
If Proposer believes any communication contains trade secrets or other proprietary information
that the Proposer believes would cause substantial injury to the Proposer's competitive position
if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary
information by marking each page containing such proprietary information as confidential.
Proposer may not designate its entire proposal as confidential nor designate its Price Proposal as
confidential.
Submission of a proposal shall indicate that, if Proposer requests that the City withhold from
disclosure information identified as confidential, and the City complies with the Proposer's
request, Proposer shall assume all responsibility for any challenges resulting from the non-
disclosure, indenmify and hold harmless the City from and against all damages (including but
not limited to attorney's fees that may be awarded to the party requesting the Proposer
information), and pay any and all costs and expenses related to the withholding of Proposer
information. Proposer shall not make a claim, sue, or maintain any legal action against the City
or its directors, officers, employees, or agents concerning the disclosure, or withholding from
disclosure, of any Proposer information. If Proposer does not request that the City withhold from
disclosure information identified as confidential, the City shall have no obligation to withhold
the information from disclosure and may release the information sought without any liability to
the City.
10. EX PARTE COMMUNICATIONS
Proposers and Proposers' representatives should not communicate with the City Council
members about this RFP. In addition, Proposers and 'Proposers' representatives should not
communicate outside the procedures set forth in this RFP with an officer, employee or agent of
the City, including any mernber of the evaluation panel, with the exception of the RFP
Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives
are not prohibited, however, from making oral statements or presentations in public to one or
more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers,
directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's
proposal, and any individual or entity who has been requested by the Proposer to contact the City
on the Proposer's behalf. Proposers shall include the Ex Parte Communications form (Appendix
C) with their proposals certifying that they have not had or directed prohibited connmunications
as described in this section.
14
11. CONFLICT OF INTEREST
The Proposer warrants and represents that it presently has no interest and agrees that it will not
acquire any interest which would present a conflict of interest under California Government
Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under
any Agreement awarded. The Proposer further covenants that it will not knowingly employ any
person having such an interest in the performance of any Agreement awarded. Violation of this
provision may result in any Agreement awarded being deemed void and unenforceable.
12. DISCLOSURE OF GOVERNMENTAL POSITION
In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the
City, the City requires that all Proposers disclose in their proposals any positions that they hold
as directors, officers, or employees of any governmental entity. Additional disclosure may be
required prior to contract award or during the term of the contract. Each Proposer shall disclose
whether any owner or employee of the firm currently hold positions as elected or appointed
officials, directors, officers, or employees of a governmental entity or held such positions in the
past twelve months using the attached "Disclosure of Government Positions Form." (See
Appendix F.)
13. CONDITIONS TO AGREEMENT, IF ANY.
The selected Proposer will execute an Agreement for Services with the City describing the Scope
of Services to be performed, the schedule for completion of the services, compensation, and
other pertinent provisions. The contract shall follow the sample form of Agreement provided as
Appendix B to this RFP, which may be modified by City. All Proposers are directed to
particularly review the indemnification and insurance requirements set forth in the sample
Agreement.
The terms of the agreement, including insurance requirements have been mandated by the
City and can be nrodifed only if extraordinary circumstances exist. Submittal of a proposal
shall be deemed acceptance of all the terns set forth in this RFP and the sample Agreement for
Services unless the Proposer includes with its proposal, in writing, any conditions or exceptions
requested by the Proposer to the proposed Agreement. In accordance with the Municipal Code,
the City may consider the scope and number of conditions in evaluation proposals and
determining the lowest responsible bidder.
14. DISQUALIFICATION QUESTIONNAIRE
Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire
inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has
a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise
prevented from proposing on, or completing a federal, state, or local government project because
of a violation of law or safety regulation and if so, to explain the circumstances. A proposal may
be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been
15
disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state,
or local project because of a violation of law or a safety regulation. See Appendix E.
15. STANDARD TERMS AND CONDITIONS
Amendments
The City reserves the right to amend or supplement this RFP prior to the proposal due date. All
amendments and additional information will be posted to the Costa Mesa Procurement Registry,
Costa Mesa - Official City Web Site - Business - Bids & RFP's; Proposers should check this web
page daily for new information.
Cost for Preparine Proposal
The cost for developing the proposal is the sole responsibility of the Proposer. All proposals
submitted become the property of the City.
Insurance Requirements
City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not
a declaration or policy) or proof of legal self-insurance on File with the City for the issuance of a
permit or contract. Within ten (10) consecutive calendar days of award of contract, successful
Proposer must furnish the City with the Certificates of Insurance proving coverage as specified
within Appendix B.
IX
16
APP
IX
16
17
TYPE OF APPLICANT:
REQUEST FOR PROPOSAL
ANIAIAL SHELTER SERVICES
VENDOR APPLICATION FORM
❑ NEW ❑ CURRENT VENDOR
Legal Contractual Naive of Corporation:
Contact Person for Agreement:
Corporate Mailing Address:
City, State and Zip Code:
E -Mail Address:
Phone:
Contact Person for Proposals:
Title:
Business Telephone:
Is your business: (check one)
❑ NONPROFIT CORPORATION
Is your business: (check one)
Fax:
E -Mail Address:
Business Fax:
❑ FOR PROFIT CORPORATION
❑
CORPORATION
❑
LIMITED LIABILITY PARTNERSHIP
❑
INDIVIDUAL
❑
SOLE PROPRIETORSHIP
❑
PARTNERSHIP
❑
UNINCORPORATED ASSOCIATION
W.
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Naives
Federal Tax Identification Number:
City of Costa Mesa Business License Number:
Title Phone
(If none, you must obtain a Costa Mesa Business License upon award of contract.)
City of Costa Mesa Business License Expiration Date:
1�
19
20
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
THIS AGREEMENT is made and entered into this _ day of , 20_ ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
, a [state] [type of corporation] ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to , as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized
expertise contemplated within California Government Code Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for the specific services
described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in
connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of Sections 1090-1092 of the California Government Code, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described
in the City's Request for Proposal ("RFP"), attached hereto as Exhibit "A," and Consultant's
Response to City's RFP (the "Response") attached hereto as Exhibit "B," both incorporated
herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to
the complete satisfaction of the City and within the hereinafter specified. Evaluations of the
work will be done by the City Manager or his or her designee. If the quality of work is not
satisfactory, City in its discretion has the right to:
21
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and
safety in employment; and all other Federal, State and local laws and ordinances applicable to
the services required under this Agreement. Consultant shall indemnify and hold harmless City
from and against all claims, demands, payments, suits, actions, proceedings, and judgments of
every nature and description including attorneys' fees and costs, presented, brought, or
recovered against City for, or on account of any liability under any of the above-mentioned laws,
which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of
the Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior
written consent of City. Consultant may engage a subcontractor(s) as permitted by law and
may employ other personnel to perform services contemplated by this Agreement at
Consultant's sole cost and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization
by City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant's covenant under this
Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule").
Consultant's total compensation shall not exceed Dollars ($ .00).
22
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Consultant's Proposal unless the City or
the Project Manager for this Project, prior to Consultant performing the additional services,
approves such additional services in writing. It is specifically understood that oral requests
and/or approvals of such additional services or additional compensation shall be barred and are
unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than two times a month. Said invoice shall be based on the
total of all Consultant's services which have been completed to City's sole satisfaction. City shall
pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to
this Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein
by this reference. The Project Schedule may be amended by mutual agreement of the parties.
Failure to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such
acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance
with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable
control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of months, ending on 20_, unless previously terminated as
provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
23
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
prorated based on the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, rated
"A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by
City:
(a) Commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence. If such
insurance contains a general aggregate limit, it shall apply separately to
this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence for bodily injury
and property damage.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers'
compensation insurance policy against the City, its officers, agents,
employees, and volunteers arising from work performed by Consultant for
the City and to require each of its subcontractors, if any, to do likewise
under their workers' compensation insurance policies.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
24
single limits, per occurrence and aggregate. Architects' and engineers'
coverage shall be endorsed to include contractual liability. If the policy is
written as a "claims made" policy, the retro date shall be prior to the start
of the contract work. Consultant shall obtain and maintain, said E&O
liability insurance during the life of this Agreement and for three years
after completion of the work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, officials, agents, employees, and volunteers
are additional insureds with respect to: liability arising out of activities
performed by or on behalf of the Consultant pursuant to its contract with
the City; products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant; automobiles owned, leased,
hired, or borrowed by the Consultant."
(b) Notice: "Said policy shall not terminate, be suspended, or voided, nor
shall it be cancelled, nor the coverage or limits reduced, until thirty (30)
days after written notice is given to City.
(c) Other insurance: "The Consultant's insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers. Any other insurance maintained by
the City of Costa Mesa shall be excess and not contributing with the
insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not
affect coverage provided to the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self-insured retention to provide such coverage, the amount of such deductible or
self-insured retention shall be approved in advance by City. No policy of insurance issued as to
which the City is an additional insured shall contain a provision which requires that no insured
except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement. The
certificates of insurance shall be attached hereto as Exhibit "E" and incorporated herein by this
reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
25
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as
otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: Tel: (714) 754 -
Fax: Fax: (714) 754-
Attn: Attn:
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"F" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
26
6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant
of Consultant's obligation to perform all other obligations to be performed by Consultant
hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify,
hold free and harmless the City, its elected officials, officers, agents and employees, at
Consultant's sole expense, from and against any and all claims, actions, suits or other legal
proceedings brought against the City, its elected officials, officers, agents and employees
arising out of the performance of the Consultant, its employees, and/or authorized
subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation
provided for hereunder shall apply without any advance showing of negligence or wrongdoing
by the Consultant, its employees, and/or authorized subcontractors, but shall be required
whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors,
omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors,
and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected
officials, officers, agents and employees based upon the work performed by the Consultant, its
employees, and/or authorized subcontractors under this Agreement, whether or not the
Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise
asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the
defense or indemnification of the City for claims, actions, complaints or suits arising out of the
sole active negligence or willful misconduct of the City. This provision shall supersede and
replace all other indemnity provisions contained either in the City's specifications or Consultant's
Proposal, which shall be of no force and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an
agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any
of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any
time, or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Consultant and its officers,
27
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant 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, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant 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, Consultant 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.
6.12. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or
information shall not be made available to any individual or organization without the prior
consent of City. Any use of such documents for other projects not contemplated by this
Agreement, and any use of incomplete documents, shall be at the sole risk of City and without
liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from
all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting
from City's use of such documents for other projects not contemplated by this Agreement or use
of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings,
reports, documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
28
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential
all information obtained by it that is designated as a trade secret. The City shall not, in any way,
be liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the
Political Reform Act (Government Code Sections 81000, et seq.) and Government Code
Section 1090. During the term of this Agreement, Consultant and its officers, employees,
associates and subconsultants shall not, without the prior written approval of the City
Representative, perform work for another person or entity for whom Consultant is not currently
performing work that would require Consultant or one of its officers, employees, associates or
subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest
statute.
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and
any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the
extent this Agreement incorporates by reference any provision of any document, such provision
shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the
terms and conditions of this Agreement and those of any such provision or provisions so
incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
29
interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized
representative of the party against whom enforcement of a waiver is sought. The waiver of any
right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right
or remedy in respect to any other occurrence or event, nor shall any waiver constitute a
continuing waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this
Agreement, based upon the substantial benefit of the bargain for any party, is materially
impaired, which determination made by the presiding court or arbitrator of competent jurisdiction
shall be binding, then both parties agree to substitute such provision(s) through good faith
negotiations.
6.26. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and
shall constitute one agreement.
6.27. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
Date:
[Mayor or Chief Executive Officer]
CONSULTANT
Date:
Signature
e and Title
Social Security or Taxpayer ID Number
ATTEST:
City Clerk and ex -officio Clerk
of the City of Costa Mesa
APPROVED AS TO FORM:
Date:
City Attorney
APPROVED AS TO INSURANCE:
Date:
Risk Management
APPROVED AS TO CONTENT:
Date:
Project Manager
30
31
EXHIBIT A
REQUEST FOR PROPOSALS
32
EXHIBIT B
CONSULTANT'S PROPOSAL
Proposal for Animal Control Services
City of Costa Mesa
Orange County Humane Society has been providing Animal Control service since 1989.
Our facility has provided care and shelter for each animal that has come in stray,
unwanted or seized. Every anhual 'brought in through animal control or has been dropped
off from a residence has been accepted by our facility.
We take care of them medically and provide them with shelter until adopted. Each of the
animals are provided for until adopted unless vicious, terminally ill or deemed
unadoptable.
Our facility has a veterinarian available 7 days a week. Our computer program enables
our staff to provide up to date information about each of the animals brought in and
provide monthly reports on each animal.
We provide medications and sedatives for your Animal Control officers as needed.
Fee Proposal
Detailed Description
Cost
Annual Cost
Animal shelter services for 800 animals per year
Additional animals over 800 per year*
$20.00/
additional pet
_
Extension of 5 day holding period
$9.00/dog
$7.00/cat each
additional day
• Maximum of $75000.00 per year.
• Cost of controlled substances provided to your department is NOT included in'
this Fee proposal
The proposal is for a contract term of Three year, commencing November 1, 2014, and
terminating October 30, 2017 with one option year renewals. Each option year renewal
will be at a price increase of 3.5% per one year extension.
Please let me know what you think,
714-642-5722(C)
1
B (signature) BY: -------------------------
Chief
-----------------------
Chief
33
EXHIBIT C
FEE SCHEDULE
34
PROJECT SCHEDULE
35
EXHIBIT E
CERTIFICATES OF INSURANCE
JI/ Ub/2dib UO: iS /1gH42IJ2Ub AMH FRESTIGE INC PAGE 01/01
FTOM :Veterinary Insurance Services
---N4l
AC"J?"
9169212286 01/06/2015 15:38
#211 P,002/004
A.AAAN-1 UH IU; AU
Ift� VtKfiFICATE OF LIABILITY INSURANCE
B CERTIFICATE I6 s/zgls
AS A MATTER OF INFORMATION ONLY
NOTAND CONFERS NO .RIGHTS UPON THE CERTIFICDER, THIS
AF
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY
AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEDPOLICIES
LOW. THIS CERTIFICATE OF INSURANCE DOE$ NOT CONSTITUTE
A CONTRACT BEIVVEEN THE ISSUING INSURETHORIZED
PRESENTATIVF OR PRODUCER, AND THE CERTIFICATE HOLDER,
FIRI,F
ORTANT: If the certificate holder Is an ADDITIONAL INSURED, the Pvllcy(las) must be endorsed. If SUBROGATION I$ subjELl to
terms and eond1CORS of the pollcy, cartel, poll,/®, may
require an endorsement. A btatamP.nt on this certificate does nothts to the
lica/e holder in Ileu of such endoreemenl s
CER
nary Inc. Sel'vlcos Co, z�CIC -VP
'J•MI4a
91VE
ense #0564180 P.HON9 '— _.,De
River Park Drive, #100 .lII EpJ
la cNP1-2266686•%6Y31Sacramento,
CA 95915 nsoRaRIIc
Arthur J. Cru2, CIC •VRff^^--...__._—
INSURED go Counfy Humane $OCleiy .. _...,_.._........ _... ... , INIUREpA Fl rCman;e FUnq lD9 Uran La CO.__.....NAIcn _,
I,
AAA Animal Clinic Nauasg a; _---_..,.....-- ---
16J2Newland 3t., LNHUMER C:
untl ngton @each, CA 92646 Ix9uRER o '
INauRER s
COVERAGES
THIS
INDICATED
IS TC CERTIFv rHA7 THE POLICIES
NOTWITHSTANDING ANY REOLJIREMENNUMRM
OF
INSURANCt
US7E0 BELOW HAVE SEEN ISSUED TO
OR CONDITION OF ANY
THE INSURED
REVNUMBER:
NAMED ABOV
THE PDLICY PERIOD
CERTIFICATE
EXCLUSIONS
MAY EE ISSUED OR MAY
PERTAIN,
CONTRACT
THE INSURANCE AFFORDED BY THE POLICIES
OR OTHER
OESCRIeFO
,OR
OCUlMENIT� WI
HEREIN
THIS
AND CONOITION$ OF SUCH
POLICIES,
LIMITS SPIOWN MAY HAVE BEEN REDUCED BY
PAID CLAIMS.
I$ 9U9JECT�ESFTO
ALL HHICH
E TERMS,
INSR
rvPR OP INEUMNCE
A
.9
POLICY NUMBER PBLI E
— - YYY
ODn9YXP
MMID°IY
LIMBS
A
X COMMERCIAL (SENER�gy�4 LIABILITY
-- CLAIMS MADE n OCCUR
X
AIC90897082 07!0112014
0710112015eMlsea
EACH OOCURRENCE
F 1,000,00
rtN �gmrnncA
® 100,000
MEO ExR lAm une
/ 10,000
'— --
PERSONAL& ADV INJURY
e
--'
GENT AGGPEOAYE LIMIT APPUC9 PFR;
OCNERAL AGGREOATF
0 2,000,000
X POLICY PE LDC
0 I1ER.
PRODUCTS -COMPAQ P_AG_ll
.,..
& 1,000,000
AUTO
Em Em Ben.
_
a 1,000,00
A
ALL
AZCA0897082
CO OINZLl a,oLE LIMIT
FNNL'ae
s DOB,oB
EDODV INauRY liter Parson)
ALL04NEAUTO
NED Al-7XDS ULEO
07/01/2014
07/0112016
•'"` X NON OWNED
5
9OOLY IN IVRY (PR,oad
I.X HIRED AUTOS
-FgaPERtyDAFfd2fE"
m
P-'slAsnL _..-.-.
___
II'Aaml! AUna OCCUR
LIAR
EACH OCCUAPENCE
S
OED RETENTIOVE
g
,AGGREGATE
WORKeno
Neno COMPEN6A Y'O.
"'�•-'-'
p
A
AND ENPLOYa RF' MA WU1
ANY PRORRIF.YpN/PARTNERrE%ECUTIVF YIN
OPPIOERIMEMaEA f%f.LUOf_C>
NIA
581020946 07(61(2019
07l011Z015
E. L EACH ACGIOENT
1,000,000
IMentle Hl
t
E.L. OIRCn3C' ,CA EMPLOYE:
01,1
E AP dn!TION OF 0
RIPTION Or Gx�---
s 1000,00
_ ,
Pmfessional LIAb
E 1,000,00
A
I
AZC80897DOZ 07(0112014
07 )J12015
E.L. OISEP9E-POLICY LIMIT
Occumanc
1,000,00
Aggregate
2,080,00
OEGCNPTION DF ePER4n0 ryE r LOCATION® / VEXICLEB (gcox0lP t, gegRlqa Pl MmarhP EaneuPle, Tqy ea Rggohlq a mero EpenR to nnRlryC)
The certificate holder is
named as additional ineurmd
30 Daym Notice of Cancellation
10 -goy NOC ED. non-Pgyvlpnt
CERTIFICATE HOLDER
CANCELLATION
C17YCOS
SHOULD ANY Or THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE
The City of Costa Mesa 8 its
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
elegteq &appointed boards,
Officers, agents 8 employees
AVTHORR REPREBENTATW
77 FaIr Drive
Arthur J., r CIC ••Vp
A Mesa CA 926 6
' --•-•. ..
ACORD 25 01A/01 -'"""-1'wA`111Ln"NAIAUPJ, All rlghb renarved,
12 ) The ACORD name and logo ere regiefemO marks of ,ACORD
36
EXHIBIT F
CITY COUNCIL POLICY 100-5
37
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they
will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee
of Federal funds under a variety of programs, is required to abide by this Act. The City Council
has expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and
other activities in support of a drug-free community. This policy is intended to extend that effort
to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in
the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see
that the following provisions are included in all contracts and agreements entered into by the
City of Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
38
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
b. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or
local health agency, law enforcement, or other appropriate agency;
39
SUBJECT POLICY EFFECTIVE:[3
AGE
NUMBER DATE
DRUG-FREE WORKPLACE 100-5 8-8-89 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been
convicted of violations of criminal drug statutes for violations occurring in the
workplace as to indicate that the contractor and/or sub -grantee has failed to
make a good faith effort to provide a drug-free workplace.
3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted.
Upon issuance of any final decision under this section requiring debarment of a
contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for
award of any contract, agreement or grant from the City of Costa Mesa for a period
specified in the decision, not to exceed five (5) years. Upon issuance of any final
decision recommending against debarment of the contractor and/or sub -grantee, the
contractor and/or sub -grantee shall be eligible for compensation as provided by law.
40
41
EY PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.
I certify that Proposer and Proposer's representatives have not had any communication with a
City Councilmember concerning the CONTRACTOR Services RFP at any time after October 2,
2014
OR
I certify that Proposer or Proposer's representatives have communicated after October 2, 2014
with a City Councilmember concerning the Animal Shelter Services RFP. A copy of all such
communications is attached to this form for public distribution.
X42
ApP
X42
43
PRICING PROPOSAL FORM
ANIMAL SHELTER SERVICES
The fee information is relevant to a determination of 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. Amounts paid to the successful Contractor shall be based on a fall twelve months of
operation; however payments will be on a monthly basis. Payments made on operation of less than one
month shall be pro -rated accordingly.
Please provide detailed cost information of animal shelter services on a monthly basis, include
all costs associated for the scope of work provided and for required controlled substances for
use by Animal Control Officers.
Detailed Description Monthl Annual Cost
Animal Shelter Set -vices:
Special Notes: Not t0
Exceed
Total
(Please attach an additional sheet if needed to provide detailed summary of all itemized costs
and services that will be provided by the Contractor as a result of this service contract. Please
provide a flat fee cost for Emergency Veterinary Care for consideration. This fee should not be
included in the cost of the one-year contract.)
Not to Exceed Total for One -Year Contract: $
Not To Exceed Total for One -Year Contract Amount Written in Words:
Amount Written in Words. Where there is a discrepancy between words and figures, WORDS WILL
GOVERN. Where there is a discrepancy between item unit price and extended total, unit price will
govern.
Please check your calculations before submitting your Proposal; the City of Costa Mesa will not be
responsible for Contractor miscalculations.
IX
44
App
IX
44
45
DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has
proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
46
47
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of the firm currently hold
positions as elected or appointed officials, directors, officers, or employees of a governmental
entity or held such positions in the past twelve months. List below or state "None."
48
49
Animal Shelter Services Supplemental Questionnaire
1. What is your current euthanasia rate?
2. What is the distance of your facility from the Costa Mesa Police Department?
3. Please describe your company's philosophy on adoption and euthanasia.
4. Will you be able to issue animal licenses on behalf of the City? If yes, please indicate
how this service
will be facilitated and processing fee if any.
5. The City is requesting at least two drop off tunes per day. Please provide additional
information on what your expectations of drop-offs are.
6. Will you accept owner relinquished animals? If so, explain the process
50
7. Do you offer on-site veterinary services? If so, explain.
8. Are you licensed to dispense and supply the controlled substances (Telozol, Ketaunine,
and Sodium Pentobarbital) required by the Animal Control Officers for field captures and
euthanasia per the usage shown on page 5? When will the controlled substances be available
after a request is made?
9. What other services can you provide that can benefit the City of Costa Mesa, the
community and Animal Control?
10. Can you provide the community with Public Education with regards to Pet Health
and Safety?
11. Can you hold Public Adoption events?
EXHIBIT B
CONSULTANT'S PROPOSAL
13 ORANGE COUNTY HUMANE SOCIETY
EXHIBIT C
CERTIFICATES OF INSURANCE
14 ORANGE COUNTY HUMANE SOCIETY
JI/ Ub/2U10 UP., 13 /14U43U2Ub
From: Veterinary Insurance Services 9169212266
A !`T111rT A
AMH PRESTIGE INC
PAGE 01/01
01/06/2015 15:38 8211 P,002/004
AAAAN-1 UH IU: AU
---- CERTIFICATE OF LIABILITY INSURANCE DAi61MMODIYYYYI
I
THIS CERTIFICATE 16 ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS2015
NO GHTS UPON THE CERTIFICATE HOLDER. R. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN
THE ISSUING INSURERIS), AUTHORIZED
REpRESENTATIVF- OR PRODUCER, AND THE CERTIFICATE HOLDER,
PORTANT: It the certiflcate holder Is an ADDITIONAL INSURED, the pollcy(las) must he endorsed. It SUBROGATION 1$ WAIVED, subJett to
terms and conditions of the poiicy, certain policies may requlm
an endorsmment. A statemant on this certlllcate does not confer rights to the
llNcaEa holder In Ileu of such endorsements ,
nary Ins. Services Co,
F4R
VP
iver Park Devp,.1180Ao
rH°`NBCP„ppArthur
, 688•f62.3143C
Cq 95915r
pEae.ecrUx Isc•Ins.comm®nto,
J. Cruz, CIC •VP
-”-- ---""
NSUREPIsI_prPOR01Na coV6RAOE NAIL e
---^--._..._._ _
NSUR6D OrdOga C00nt)' HDmane SOC181}m-._.-_...,
INaUREp4 Flreman'e Fund Insurance Co,
_...
AAA Animal CIInIC-�-
INeuneR c;
21602 Nawla nd 3t.,
Huntington Bosch, CA 92666
INauPSRD
INaOgEP 6
INBURpR r;
COVERAGES CERTIFICATE NUMBER:
REVISION NUMBER
THIS IS TO CERTI Fv THAT THC POLICIES OF INSURANCE LISTED BELOW HAVE
BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NO7VV THSTAJNDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT
OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
br$CRIBEO HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONOITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCCO 3Y
NEP ...."„. PAID CLAIMS,
ivPE OF INSUMNCE P0 WE DL�'K$p_ ._..._ __-_._.,.......,__
�0 __ eOUCY NUMaER IYYYY MMIe DIY LIMBS
Q X CONAIERCIAL QENENAL LIAEILITY
EACH CCCURfl ENCE } 1,000,00
L". CLAIMS -MAD[ X OCCVR X A2C80897082 0710112014 07/01/201s --`
,�EMlses leo ncNlmnRn ® 100,000
"'— -- MEO EXP (AM use ,Am 9 10,000
--' PERSONAL 8 ACV INJURY g
EMLACGPEOATE LIMIT APPLICS PEA: _..
dENCRAL AGGREGATE 1 2,000,000
X rao _..__
LOC
DUI1�`R . -. .IECi
PRODUCTS -CON IOP AGI; B 1,DOO,000
Em Ben, a 1,000,00
AUTONdmLC LARIUTY
CO OINEU,INDLE LINt a 1,OOD,OD
p� EP eecidP
_
ANY AUTO AZC80897082 07/01/2014 07/01/2016 60DLLY IrvauRYlner DAr]pn) e
OWNEDALL
-X_. AUTOS AUTOS
- NON BODILY INJURY (Per ycc,dmnl} S
X
HIREU AUT09 AUTOOWNED Pq"OPEfiI%DAAi'"'__ g.,..._. ..'_•.,. ........
UMaRELLA UAO
OCCUR
a11759 LIAa
CLAIMS
EACH OCCUAAENCE
-
A
-.........__ _.
OEO ROTENnONe
4
AGGREGATE g
--.._.. _..._...._..__-...
W(DrI covPENAa Ya,N
•"
A
A
AND EMPLOY910' LII
YIN
ANY PROPRIRrORI 4XCLIJR,Execunve
OFFKiF.R/M f: RCLVOfm
NIA
P$1020946
07101/2014
071D112015
07h -
-x.. .SSp7U TE EN_ ,......, .,.,...
E. L. EACH 4cP0ENT 1 1,000,000
1,NH,
IMnntll re LIS
If w
_
E. L DISEASC I. EMPLOYE[ 4 1,000,00
_
PIPTIOe OFF
RIPTora Ux� N
AZC8089708207101/7014
0701/2015
E.L, DIEEASC POLICYLIMT $ 1,000,00
Otcurtanc
A
Pmra9slOnal Llao
11000,00
1
L
I
Aggregate 21000,00
OaOCRIPnON eR OPEM11L1N91 LeGATIDNB / VEXCL29 RLOpp 101, A EgtlIPnAI RomaM1e BaPe Eulo, p,Ay p0 WlpOhltl N mPM Equ,le to ngVIry PI
Th® certifioete holdor is named as addiltional incur®d
30 Days Notion of Cancellation
10 -Day WOO for don -payment
CITYCOB
The City of Costa Mesa 8 its
elected Siappointed boards,
officara, agent's 8 employees
71 Fair Drive
SHOUW ANY OF THE ABOVE OESCRIOCO POLICIES nE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
Arthur/J.I,-rXrYCIC •Vp
1988-2014
-' -- r L Flu On name dna iogo are registered marks of ,;CORD
rinhm reoo.,r.,d
EXHIBIT D
CITY COUNCIL POLICY 100-5
15 ORANGE COUNTY HUMANE SOCIETY
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they
will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee
of Federal funds under a variety of programs, is required to abide by this Act. The City Council
has expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and
other activities in support of a drug-free community. This policy is intended to extend that effort
to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in
the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see
that the following provisions are included in all contracts and agreements entered into by the
City of Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
16 ORANGE COUNTY HUMANE SOCIETY
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
o. cstaousning a urug-rree Awareness Frogram to intorm employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or
local health agency, law enforcement, or other appropriate agency;
17 ORANGE COUNTY HUMANE SOCIETY
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been
convicted of violations of criminal drug statutes for violations occurring in the
workplace as to indicate that the contractor and/or sub -grantee has failed to
make a good faith effort to provide a drug-free workplace.
3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted.
Upon issuance of any final decision under this section requiring debarment of a
contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for
award of any contract, agreement or grant from the City of Costa Mesa for a period
specified in the decision, not to exceed five (5) years. Upon issuance of any final
decision recommending against debarment of the contractor and/or sub -grantee, the
contractor and/or sub -grantee shall be eligible for compensation as provided by law.
18 ORANGE COUNTY HUMANE SOCIETY
ATTACHMENT 2
Cratifornio DeporPlri of of ym;"
Public I 1'l l
Local Rabies Control Activities Annual Report, 2011
Reporting Jurisdiction
County ( 2..A.)\}; -. _.k._ _,.._.__. __....n.__ Individual citylspeclfy)
Does the jurisdiction: A Ma'SA L`�M-Mbr.'rS u✓'^rrH'7_-14Z"0"NdE `'°VN!:�-Numnw
Require cats to belicensed? Y❑N®4_WAcLVra co Sq ^`u"rN�wt'an7C.� uicS Aa�E
Have breed specific spay & neuter laws? Y ® N CS 11gf-ayc? G14�+ ! ,fl 4' • U Sq -u n e%A e"t`" �ZN.t arab t`' W'-WMMr
W -o Pao+ -m ¢rParss' rN 't-r-nts� c�irrrie.&r Ovt— �S,r . an�5K. kiwi✓Hr car�r'+r'trou. kno^�.n*._.._.._. NUMBER_
wnr requr m4rz pmrA, Dogs
Stolen, escaped, etc.
Transferred to another shelter
Dead dogs & cats collected (excluding those counted above)
Held by the shelter on December 31, 2011 (carried over to 201
Vaccinated and licensed _
Vaccinated only, not licensed -�
Animal Bite Neither licensed or vaccinated, but owned
Reports Strays, unowned
Other domestics animals (excluding dogs & cats)
Wild animals
quarantines
Initiated for vaccinated dogs & cats exposed to potentially rabid animals
6 -month Animal initiated for unvaccinated dogs & cats exposed to potentially rabid animals
...----___...,. _. ..�_._.m.
Quarantine 0 -month quarantines initiated for domestic livestock exposed to potentially rabid animals
Quarantines of any duration not completed because animals were euthanlzod
11
0
Actual cost rabies vaccination clinics hold
> ` * 'rr V,
Rabies
VOConated in actual cost vaccination clinics
S'
Vaccination &
l clinics
tt vaccination c
Licensed in acuacosvl�._.....�..._�_.m__ ....W�
0
Licensing....__
._____._._..._____...._....._,.._�_......_.,.�.,.....w.ww,
Total number licensed In Jurisdiction _
Animal control citations issued for rabies vaccination and licensing violations
l C
Held by the shelter on January 1, 2012 (carried over from 2011)
Collected by Animal Control Officers
Surrendered by owners (not Including those surrendered for quarantine or by the public)
Surrendered by the public (not including those surrendered for quarantine or by owners)
Impounded for animal bite quarantines
_......,._..___�..,�_,_.. ...._..._. ._,„..... ..........__ ........,,,____.,__ ._.__. . e.,.,.. _._.._.
Transferred from another shelter
Canine $
Reclaimed by owner (moluding animals released from quarantine)
_
Feline Rabies,
—e--._ _._
Control
Adopted by naw owners
a_.....,........,.._.,_.__.__........._.__,._.__....,.,,_�... ..__...._. ,. ._
.w,._...,
Euthanized
Stolen, escaped, etc.
Transferred to another shelter
Dead dogs & cats collected (excluding those counted above)
Held by the shelter on December 31, 2011 (carried over to 201
Vaccinated and licensed _
Vaccinated only, not licensed -�
Animal Bite Neither licensed or vaccinated, but owned
Reports Strays, unowned
Other domestics animals (excluding dogs & cats)
Wild animals
quarantines
Initiated for vaccinated dogs & cats exposed to potentially rabid animals
6 -month Animal initiated for unvaccinated dogs & cats exposed to potentially rabid animals
...----___...,. _. ..�_._.m.
Quarantine 0 -month quarantines initiated for domestic livestock exposed to potentially rabid animals
Quarantines of any duration not completed because animals were euthanlzod
11
0
Local Rabies Control Activities Annual Report, 2012
' 4�telatf,M4Ntritli
\ eporting Jurisdiction: Please send the completed report to your appropriate county representative. All local Jurisdiction reports will be compiled Into a single
`..� comprehensive report for submission to CDPH,
This report represents (check one): County: _-„,,__,_, _•
A, ❑ County comprehensive report (final)
n-ropoilingbirl4d1otior _
B '.Local lurladiolion (ptaase ward the
Repprling jurisdictions•”{
Non -reporting jurisdictions:..,
Require cats to be licensed? Y
Breed -specific spay/neuter laws? Y
N MANWIlol
N rNff Jurisdictlons(s):
Rabies Vaccination 8r LlcOnsln _ _
Actual cost rabies vaccination clinics held '°C �• �_��m
Vadot natad In aatual cost vaoolnat1on atInies
Licensed In actual cost vacalnalion cllrncs .m__-,�
Totalnumber licenped In Jurisdiction
Animal control citations Issued for rebles vaccination and Ildonsing vlolatlons
Canine and Feline Rabies Control
Held by the shelter on January 1, 2012 (carried over from 2011)
Collected by Animal Control Ofncers
Surrendered by owners (not Including those surrendered for quarantine or by the
ur
Srendered by the public (not Inciuding those surrandored For quarantine or by c
Impounded for animal bile quarantines _ __-_.,._...,...,_.,...
Transferred from another shelter
Reclaimed by owner (Including animals released from
Adopted by now owners
Stolen, escaped, etc.
Transferred to another shelter-__..,......._._„...-,_..__r..._.-._.m_____�_......__
Dead dogs & cats collected (excluding those counted above)
Held y the shelter on December 31, 2012 (carried over to 2013)
Animal Bite Reports
Vaccinated and licensed
Vaccinated only, not licensed �__ „_._..,.__,..,m.......,...._._,_..„._........_-___-.—
Neither licensed or vaccinated, but owned
Strays, unowood
Other domestic animals (excluding dogs & cats)
Wild animals
Animal Quarantine ._ _ .,_.... _...-...
30 -day quarantines Initiated for vaccinated dogs & cats exposed to potentially rabid animals.. ............ .. ......... ..._.._........ , .. .....- ....._......._.,_,_.._._,_,
6-rnonth quarantines Initialed for unvaccinated dogs & cats exposed to potentially rabid animals
6 -month quarantines initiated for domestic livestock exposed to potentially rabid animals
Quarantines of any duration not completed because animals were euthanlzed or died
Agency Administration
Number of full-time Animal Control Officers employed
.., Number of pad time Animal Cont al Officers employed
CDPH-VPHS
NUMBER
®1M
tits T)
LRCA 2012
Local Rabies Control Activities Annual Report, 2013
DCAL HEALTH JURISDICTION: Please send the completed report to your appropriate county representative. Data will he compiled into a
countywide report for submission to CDPH.
COUNTY HEALTH DEPARTMENT: Please compile the countywide data for submission by March fit, 2014.
County: Orange
1, Reporting Jurisdictions: City of Costa Mesa, California
2,
3, Require oats to be licensed? Y ❑ N []✓ Jurisdlctlons(s):
4. Breed -specific spay/neuter laws? Y [] NF,-,] Breeds(s): ,,,,i1Otl,Oi1441A4i,,,µ__ M
Jurl.9ecllons(s):.
Rabies Vaccination & Licensing
Actual coat rabies vaccination clinics held
Vacolnated In actual coat
C_an.d__._......___.._..v..acltl__»_,_._........_..._...._...._
n.._._........,...,...._.._,._._.._.._._.__._.�____'-
actual cost vaccination clinics
Total number licensed In jurisdiction ...__...._._._...._.....�
Ar lmal control citallens Issued for rabies vaccination and ildenaing violations w._.
Canine and rolins Rabies Control
Held by the shelter on January 1, 2013 (carried over from 2012)
Collected by Animal Control Officers
Surrendered by owners (not Including those surrendered for quarantine or by the
Suen
rrdered by the public (not Including those surrendered for quarantine or by c
Impounded for animal bite quarantines
Transferred from another shelter
Reclaimed by owner (including animals released from quarantine)
Adopted by new owners.._.._.__....__,._....,............_..._,„...,...,.,..<„_.,_,-.._.,.
Stolen, escaped, ate.
Transferred to another shelter
_..._.._...._____..-,._.--.._._.....____.____ ._,.,,._,._,.,....__.._.____.---
...-
Dead dogs &tela collected (excluding those counted above)
Hold by the shelter on December 31, 2013 (carried over to 2014)
Animal Site Reports
Vaccinated and licensed
Vaccinated only, not licensed _
Neither licensed or vaccinated, but owned<...._.�..�...._._,._.m..._..._..._.
Strays, unownad_....,___...,._„„„.-'__._......_....�___,_......,.,e.
Other domestio animals (excluding dogs & cats)
Wild animals
Animal Quarantine
10 -day quarantines initiated for biting dogs & cats
30 -day quarantlnos Initlatad Por vaccinated dogs & cats exposed to potentially rabid animals
8 -month quarantines Initlated for unvaccinated dogs & cats exposed to potentially rabid stir
0 -month quarantines initiated for domestic livestock exposed to potentially rabid animals
Quarantines of any duration not completed because anlmals were euthanlzed or died
Agency Administration
Number of full-time Animal Control Officers employed
Number of part time Animal Control Officers employed
Dogs
City cont
who prov
rabies
4,137
17
43
464
49
108
20 ^
270 ..._...
cats
w/Hum Sockd
low cost
chilies _
N/A.-,.._.....-._
NIA_..,___._._.
27
57
139
9
0,,.
21
70
6
2
0
0
2
0
CDPH.VPHS Page 1 of 2 LRCA 2013
2014
JAN
FEB
MAR
APR
MAY
JUNE
JULY
AUG
SEPT
OCT
NOV
DEC
TOTAL
DISPATCHED CALLS
190
161
186
221
266
236
268
247
216
218
172
158
2539
ON VIEW CALLS
54
59
71
67
67
53
94
87
71
74
61
75
833
DOGIMPOUNDS
35
15
30
29
33
38
46
33
23
31
21
33
367
CATIMPOUNDS
14
7
6
26
19
24
22
19
16
18
7
10
188
OTHERIMPOUNDS
24
16
24
38
40
30
57
37
30
36
18
20
370
DEAD DOGS
2
1
3
5
7
1
3
11
3
3
0
1
40
DEAD CATS
16
9
6
7
10
6
13
18
10
21
13
7
136
DEAD OTHERS
39
32
32
42
58
43
52
49
58
50
46
40
541
WARNINGS(excl. 905N
38
41
36
22
31
45
57
55
35
46
30
28
464
CITATIONS excl. 905N
1
1
2
4
2
1
0
1
2
0
2
1
17
WRITTEN REPORTS
15
18
18
10
16
14
15
17
13
20
9
20
185
WNV PICKUPS
0
0
0
0
0
2
1
1
7
5
1
0
17
PARK PC's
46
35
29
22
24
35
29
16
26
17
21
29
329
905N VERBAL
22
15
19
24
19
17
42
35
25
34
18
14
284
905N WRITTEN
1
1
3
7
5
9
10
3
2
0
3
0
44
905N CITE
0
1
1
1
2
1
1
1
2
1
0
1
12
TOTAL # LICENSES
PROCESSED
-
TOTAL LICENSE FEES
PROCESSED
# MAILERS SENT BY
VOLUNTEER
# LIC'S GENERATED
FROM MAILERS
FEES GENERATED BY
MAILERS
NON -NEUTER FEES TO
CITY