Loading...
HomeMy WebLinkAbout11 - NB-1 - Animal Shelter Services - 12/5/2017CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 5, 2017 ITEM NUMBER: NB -1 SUBJECT: ANIMAL SHELTER SERVICES DATE: NOVEMBER 21, 2017 FROM: COSTA MESA POLICE DEPARTMENT PRESENTATION BY: VICTOR M. BAKKILA, LIEUTENANT FOR FURTHER INFORMATION CONTACT: VICTOR M. BAKKILA, LIEUTENANT, AT (714) 754-4812 RECOMMENDATION Staff is requesting that City Council: 1. Approve Amendment Number One to the Professional Services Agreement with the City's animal shelter services provider, Orange County Humane Society (OCHS), extending the Agreement for a period of six (6) months from the conclusion of the current term on January 21, 2018, through July 20, 2018, and providing the option to extend the Agreement for two (2) additional six (6) month periods (Attachment 1). 2. Authorize the City Manager to execute the Amendment. 3. Authorize the City Manager to accept and execute future amendments to extend the term of the Agreement for up to (2) two additional six (6) month periods following a memorandum from the Police Department to the Animal Services Committee and City Council providing a status update on animal shelter operations. 4. Authorize the City Manager to execute a short-term contract with another animal shelter services provider, as needed. 5. Approve budgeting of one (1) new full-time Management Aide position under the Police Department to provide administrative support to the Police Department Animal Control Unit staff, OCHS staff, and the Animal Services Committee. 6. Approve budgeting for four (4) part-time General Aide II positions to work in a Kennel Assistant capacity to assist Animal Control Unit and OCHS staff with care and accounting of Costa Mesa animals. BACKGROUND Term and Termination and Compensation of Present OCHS Agreement In October of 2014, the City of Costa Mesa fulfilled its due diligence obligation seeking available service providers to provide animal care services. Only one (1) respondent, OCHS, which was already providing services to the City, responded to the RFP process at that time. On January 20, 2015, City Council approved the proposed Professional Services Agreement with OCHS, continuing service for three (3) years, ending January 21, 2018 (Attachment 2). The City Council also approved $75,000 for the first year of services and a three percent (3%) increase for each subsequent year of services during the agreement: Year 1-$75,000; Year 2-$77,250; Year 3- $79,567.50. OC Animal Care (OCAC) as a Prospective Service Provider for Costa Mesa The County announced its plan to begin building a new animal shelter at the former Tustin Marine Corps Air Station in June 2016. OC Animal Care's (OCAC) planned animal shelter was considered a prospective animal care services provider for Costa Mesa. The County's animal shelter was scheduled to begin operation beginning October 2017. As of this date, the County's new animal shelter is not yet operational. The County's funding model being used to cover costs for the County's new $35 million shelter presumed the 18 cities currently contracting with the County would elect to renew their agreements to help fund the new shelter. Garden Grove has since discontinued its contract with the County and contracted with OCHS. The final deadline for cities to join the County contract was April 5, 2016. OCAC placed a three-year moratorium on cities to contract for its services. This moratorium sunsets in April 2019. Due to the City accepting a contract with OCHS and not contracting with OCAC, the City has to wait until April 2019 before it can revisit the possibility of contracting with OCAC. Below are the initial projected costs from 2016 for each member city to share OCAC's new construction costs. Capital Cost of Planned OC Animal Care Shelter City Distribution of Member Cities' Share of Maximum Construction Costs (does not include annual service costs) Anaheim $7,017,529 23.39% Brea $367,454 1.22% Cypress $568,874 1.90% Fountain Valley $777,973 2.59% Fullerton $2,240,317 7.47% Garden Grove* $4,142,755 13.81% Huntington Beach $1,829,954 6.10% Laguna Hills $222,122 0.74% Lake Forest $555,539 1.85% 2 Orange $2,467,472 8.22% Placentia $548,846 1.83% Rancho Santa Margarita $209,618 0.70% San Juan Capistrano $270,168 0.90% Santa Ana $6,867,112 22.89% Stanton $612,821 2.04% Tustin $791,152 2.64% Villa Park $46,853 0.16% Yorba Linda $463,442 1.54% Total Contracting Cities Funding Share $30,000,000 100.00% County Contribution $5,000,000 Maximum Construction Costs $35,000,000 Garden Grove contracted with OCHS in January 2016 ANALYSIS OCHS has been the City's contract animal shelter since 2009. In January 2017, the City of Garden Grove became the second municipality to contract with OCHS. Over the past two years, concerns have been brought to the City's attention regarding the care of animals. Both OCHS and the Police Department have evaluated and continue to evaluate the care of animals at the facility, and OCHS has taken corrective measures, as needed. While the volume of animals passing through the shelter has increased significantly since January with the addition of Garden Grove, the Police Department has been confident in the responsiveness of OCHS in addressing concerns and partnering to enhance services to the public. However, because of the increased volume and workload, OCHS began in late 2016 to look for a second animal shelter facility that would handle the exclusive intake of Costa Mesa animals. In July 2017, OCHS ownership started escrow on a facility location at 642 W. Baker Street. Details of the Construction of OCHS's New Animal Shelter at 642 W. Baker St. Architectural plans show that the proposed new shelter has a 3,700 square foot building, and other property including an outdoor exercise area and parking lot. There are proposed 40 temperature -controlled individual kennels, 40 temperature -controlled individual catteries, a dedicated bathing station for animals, and a dedicated interactive exercise area described above. Unlike the current Huntington Beach shelter, this new shelter will have available office space dedicated for Police Department Animal Control personnel, allowing them to be on- site on a regular basis to assist in the care and accountability of Costa Mesa animals. It is anticipated that this animal shelter will be operational by early 2018. OCHS can provide general animal care services at the 642 W. Baker St. facility, to include the retention of impounded Costa Mesa animals to be reclaimed by owners. Any veterinarian services beyond the standard impound intake examinations will continue to be provided at the Huntington Beach location. This may be subject to change as OCHS ownership evaluates the ability to expand on-site services to the Costa Mesa shelter location, such as pre -adoption vaccinations and minor surgical procedures. The following services will continue to be provided at the OCHS Huntington Beach shelter 3 location: adoptions, other animal placement, rescue group coordination, public education, euthanasia, veterinary services, and spay/neuter surgeries in accordance with established professional standards. Additional Requirements for OCHS Pursuant to the Proposed Amendment • OCHS will maintain at least one dedicated full-time shelter manager and at least one part- time shelter manager in order to provide adequate facility oversight. One shelter manager is required to be on-site during operating shelter hours, seven days a week. • A minimum of two paid kennel attendants on-site at any time during operating hours, seven days a week. • Annual third -party customer service training for all full-time and part-time animal shelter staff members. • A detailed staffing plan in compliance with the Guidelines for Standards of Care in Animal Shelters (The Association of Shelter Veterinarians 2010). This will include the minimum daily required staffing for paid and volunteer shelter employees. • A detailed sanitation plan in compliance with the Guidelines for Standards of Care in Animal Shelters (The Association of Shelter Veterinarians 2010). This will include required daily duties and responsibilities by paid and volunteer shelter employees in order to maintain an adequately sanitized facility. • If a facility is opened within Costa Mesa, OCHS will provide a securable office space dedicated solely for use by City of Costa Mesa personnel, to include Costa Mesa Police Department Animal Control Officers and volunteers, and any other designated City personnel. Office space must be able to accommodate a City computer, dedicated telephone line, and any other reasonable necessities required by ACO staff. • An operating industrial wet/dry cleaning unit must be utilized for shelter sanitation equal to the Aqua -Air (Portable Wet/Dry Unit) or equivalent industrial quality unit used in the animal care industry. • Ensure adequate webmaster services in order to maintain a current inventory of adoptable animals on the animal shelter website. Approval of Management Aide and General Aide 11 Positions The Animal Control Unit currently has two (2) full-time Animal Control Officers and one (1) part- time Animal Control Officer. These officers provide citywide animal control services seven days a week. The animal control workload, to include animal impounds, other animal related calls -for - service, animal investigations (e.g. dog bite reports), etc., has incrementally increased over time. With sharing these duties and covering shifts due to vacations and time -off, the increased oversight and collaboration with the OCHS shelter has created workload challenges. With the recent creation of the Animal Services Committee, in order to provide necessary administrative support to the committee, Animal Control Unit personnel, and the OCHS shelter, the Police Department recommends the addition of a full-time Management Aide position to the E Department's budget. This position would compile weekly, monthly and annual animal control statistics, perform on-site audits of animal shelter operations, help update Police Department website information pertaining to animal services, and liaison between all of the above-mentioned stakeholders. Further, in order to assist the Animal Control Unit and OCHS staff with the daily care of Costa Mesa sheltered animals, the Police Department recommends the addition of four (4) part-time General Aide II positions to work exclusively at OCHS under the direction of the Animal Control Unit. These General Aide II positions would serve as kennel attendants and be responsible for working closely with the Animal Control Unit and OCHS staff to provide additional kennel sanitation and care services for Costa Mesa animals. ALTERNATIVES CONSIDERED The Department has reviewed other animal shelter options throughout the County that provide similar animal services which may be able to manage the Costa Mesa animal workload. No alternative facilities were located at this time. During the last RFP process for contract animal shelter services in 2014, OCHS was the only interested vendor. The new OC Animal Care (OCAC) shelter in Tustin remains under construction. Due to the three- year moratorium for cities to opt in to the County's animal shelter contract, this animal shelter services option will not be available until April 2019. FISCAL REVIEW The proposed OCHS contract extension would cost the City $75,000 for each six-month extension period. The annual cost of one (1) full-time Management Aide with Tier 2, Step 7 benefits is $112,017. The Step 7 hourly wage for one (1) part-time General Aide II is $12.44. The anticipated annual cost of four (4) General Aide II's at 25 hours/week each is approximately $64,688. LEGAL REVIEW The City Attorney's Office has reviewed the proposed amendment and approved it as to form. CONCLUSION It is recommended that City Council approve Amendment Number One to the current contract with OCHS, extending OCHS's animal care services for the City for a 6 -month period through July 20, 2018, and providing the option to extend the contract for two (2) additional six (6) month periods. The amended contract includes the ability to utilize the new animal shelter facility at 642 W. Baker St. to shelter Costa Mesa animals, if such facility is opened. The amended contract also includes additional requirements to enhance services provided by OCHS. During the period of the contract extension, staff would continue to evaluate OCHS as a contract vendor, as well as consider other possible animal shelter options, including the OC Animal Care (OCAC) shelter in Tustin in 2019. 5 VICTOR M. BAKKILA ROBERT N. SHARPNACK Lieutenant Chief of Police STEPHEN DUNIVENT THOMAS HATCH Interim Finance Director City Manager ATTACHMENTS: 1. Proposed Amendment 2. Professional Services Agreement with OCHS AMENDMENT NUMBER ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ORANGE COUNTY HUMANE SOCIETY This Amendment Number One ("Amendment") is made and entered into this 5th day of December, 2017 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and the ORANGE COUNTY HUMANE SOCIETY, a California nonprofit corporation ("Consultant"). WHEREAS, City and Consultant entered into an agreement on January 21, 2015 for Consultant to provide animal shelter services (the "Agreement"); and WHEREAS, Section 4.1 of the Agreement provides for a term of three (3) years, ending on January 21, 2018; and WHEREAS, City and Consultant desire to extend the term of the Agreement for six (6) months, through July 20, 2018, and to provide for the option to extend the term of the Agreement for two (2) additional six (6) month periods; and WHEREAS, City and Consultant desire to amend the Scope of Services to include the additional services set forth in Exhibit 'A," attached hereto and incorporated herein by this reference; and WHEREAS, City and Consultant desire to set forth Consultant's compensation accordingly. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: The term of the Agreement shall be extended through July 20, 2018. The term of the Agreement may be extended for two (2) additional six (6) month periods upon mutual written agreement of both parties. 2. The Scope of Services shall be amended to include the additional services set forth in Exhibit A. 3. For the period commencing January 21, 2018 and ending July 20, 2018, Consultant's total compensation shall not exceed Seventy -Five Thousand Dollars ($75,000.00). If City and Consultant agree to further extend the term of the Agreement, Consultant's total compensation shall not exceed Seventy -Five Thousand Dollars ($75,000.00) per six (6) month extension period. 4. All terms not defined herein shall have the same meaning and use as set forth in the Agreement. 5. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect. [Signatures appear on following page.] Orange County Humane Society Amendment One IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above. CITY OF COSTA MESA 2 Orange County Humane Society Amendment One Date: City Manager CONSULTANT Date: Signature Name and Title ATTEST: City Clerk APPROVED AS TO FORM: Date: City Attorney APPROVED AS TO INSURANCE: Date: Risk Management APPROVED AS TO CONTENT: Date: Project Manager 2 Orange County Humane Society Amendment One DEPARTMENTALAPPROVAL Police Chief APPROVED AS TO PURCHASING: Interim Finance Director Date: Date: Orange County Humane Society Amendment One EXHIBIT A ADDITIONAL SERVICES The Scope of Services shall be amended to include the following: (1) Staffing and Training Requirements (a) Shelter Staffing. Consultant shall adhere to the staff schedule set forth in the Shelter Schedule, attached hereto as Attachment 1" and incorporated herein by this reference. Consultant's staff at the animal shelter facility shall include: (i) At least one (1) full-time shelter manager and one (1) part-time shelter manager to provide adequate facility oversight. At least one (1) shelter manager shall be on-site at all times during animal shelter operating hours, seven (7) days a week. (ii) At least two (2) paid kennel attendants, who shall be on-site at all times during shelter operating hours, seven (7) days a week. (b) Police Department Volunteers. Consultant shall permit Police Department volunteers to assist City staff in the performance of their duties at the animal shelter. (c) Training. Consultant shall, on an annual basis, provide, at Consultant's sole cost and expense, customer service training for all animal shelter staff members. Such training shall be provided by a company experienced in providing customer service training. Consultant shall provide written proof to City that such training has been provided. (2) Facility Operations (a) Sanitation Guidelines. Consultant shall adhere to the sanitation requirements set forth in the Sanitation Guidelines, attached hereto as Attachment "2," and the Costa Mesa Animal Control Infection Control Checklist, attached hereto as Attachment "3," both incorporated herein by this reference. (b) Cleaning Cages/Runs. Consultant shall clean cages and runs utilizing an industrial wet/dry cleaning unit for shelter sanitation, equal to the Aqua -Air Portable Wet/Dry Unit or an equivalent industrial quality unit. (c) Compliance with All Laws. Consultant shall comply with all applicable laws and regulations, including but not limited to all laws applicable to animal shelters. (3) Inventory of Animals Available for Adoption Consultant shall maintain a current inventory of animals available for adoption on the animal shelter website. (4) Facility Location Consultant shall provide animal shelter services from its location located at 21632 Newland Street, Huntington Beach, CA 92646. If Consultant opens an animal shelter facility within the City of Costa Mesa, such location will be the primary location for animal shelter services for animals from the City of Costa Mesa, unless otherwise agreed to in writing by the parties. (5) Office Space If Consultant opens an animal shelter facility within the City of Costa Mesa, Consultant shall provide to City a securable office space within the animal shelter facility dedicated exclusively for use by City of Costa Mesa personnel, including Costa Mesa Police Department Animal Control Officers and volunteers and any other personnel designated by City. The office space must be able to accommodate a City computer, a dedicated telephone line, and any other reasonable necessities required by Costa Mesa Animal Control staff. ATTACHMENT 1 SHELTER SCHEDULE OCHS(Costa Mesa) Shelter Schedule Kennel Staff Schedule Kennel Attendants # Sunday Monday Tuesday Wednesday Thursday Friday Saturday Attendant 800AM-50OPM 800AM-60OPM 800AM-60OPM 800AM-60OPM 800AM-60OPM 800AM-60OPM 800AM-50OPM Attendant 800AM-50OPM 800AM-60OPM 800AM-60OPM 800AM-60OPM 800AM-60OPM 800AM-60OPM 800AM-50OPM Office Staff Schedule Office Staff Sunday Monday Tuesday Wednesday Thursday Friday Saturday Office Manager(FT) N/A 900AM-60OPM 900AM-60OPM 900AM-60OPM 900AM-60OPM 900AM-60OPM N/A Office Manager(PT) 800AM-50OPM N/A N/A N/A N/A N/A 800AM-50OPM ATTACHMENT 2 SANITATION GUIDELINES Sanitation Guidelines OCHS (Costa Mesa) In providing animal shelter services to the City of Costa Mesa, OCHS shall adhere to the following Sanitation Guidelines, as established by The Association of Shelter Veterinarians' Guidelines for Standards of Care in Animal Shelters (2010). Good sanitation is an integral part of humane animal housing. Proper cleaning and disinfection practices help reduce the transmission of infectious diseases to both animals and people, and result in a cleaner and healthier environment (Cherry 2004; Hoff 1985; Lawler 2006; Weese 2002). A clean shelter also has the added benefits of increasing the comfort level of the animals and presenting a positive image of the shelter to the public. These are guidelines to be used in conjunction with our daily sanitation checklist. 1. Cleaning and Disinfection Physical cleaning is defined as the removal of urine, fecal matter, and other organic material from the environment (Gilman 2004; Smith 2005). Cleaning should result in a visibly clean surface, but may not remove all of the harmful pathogens. Disinfection is the process that will kill most of the contaminants in a given area (Gilman 2004). Sanitation, for the purposes of this document, is defined as the combination of cleaning and disinfection, and is a requirement for all shelters. Whether or not infectious disease occurs is dependent on several factors: the host (exposed animal), the virulence of the pathogen, the amount of the pathogen present, and the duration of exposure (Lawler 2006). Infectious dose defines a threshold amount of a pathogen required to cause infection and disease. By cleaning and using disinfectants properly, the number of pathogens in the environment is decreased, reducing the dose delivered if an animal is exposed. Sanitizing with the proper frequency decreases the duration of exposure. In the event of a disease outbreak, sanitation protocols and practices should be reviewed to determine if there are problems with the products or practices. (a) Sanitation Procedures An assessment of the facility, animal population, training, equipment and procedures to be employed must be considered when developing sanitation protocols. Ideally, sanitation protocols should be developed and periodically reviewed in consultation with a veterinarian experienced in shelter medicine. While information about shelter sanitation may be extrapolated from many sources, protocols must be based on current knowledge and recommendations developed specifically for animal shelters, and must include specific methods and agents for achieving the goals of both cleaning and disinfection. An increasing number of resources exist providing guidelines tailored to the shelter environment (Dvorak 2009; Miller 2004b; Peterson 2008; UC Davis 2009). Enough staff must be assigned to complete sanitation tasks promptly each day so that animals spend the majority of their time in sanitary conditions. As an example, out of the total of 15 minutes recommended per animal for daily sanitation. A 10 -minute disinfectant contact time in each kennel because other activities or tasks (e.g., cleaning other kennels, laundry) can be accomplished while the disinfectant sits. Selection of proper cleaning and disinfecting products is essential. Detergents and degreasers must be used as needed to maintained clean surfaces free of visible dirt and debris. Disinfectants must be chosen that will be effective under the conditions. Present in a given environment (e.g., presence of organic matter), and with demonstrated activity against the pathogens for which the animals are at risk (Etrepi 2008). Unenveloped viruses such as parvovirus, panleukopenia, and feline calicivirus are of particular concern, but other disinfection - resistant agents such as coccidia and Microsporum canis may also be problematic. Some disinfectants have been shown by independent studies not to be effective against these durable pathogens (e.g., quaternary ammonium compounds against unenveloped viruses), in spite of EPA -approved labeling by manufacturers (Eleraky 2002; Kennedy 1995; Moriello 2004; Scott 1980). Products that have not been independently validated against unenveloped viruses and other pathogens of concern should not be used as the sole disinfectant. The facility should be cleaned in order of animal susceptibility to disease and potential risk to the general population, starting with the most susceptible animals and ending with those who carry the highest risk of transmitting infectious disease. Separate cleaning supplies should be designated for each area. Appropriate protective clothing (gloves, gowns, and/or boots), should be used in each area, and removed before proceeding to care for other animals in the population. In general, the order of cleaning and care, from first to last, should be: (1) healthy dogs and cats; (2) healthy adult animals; (3) unhealthy animals. Thorough sanitation of primary enclosures before a new animal enters is essential. Sanitation protocols must include removal of gross organic matter, pre -cleaning of surfaces with a detergent or degreaser, application of a disinfectant at the correct concentration and for sufficient time, rinsing, and drying. When water or cleaning and disinfecting products will be sprayed in or near the area of the primary enclosure, animals must be removed from the cage or kennel, or separated from the area being cleaned by guillotine doors to prevent splatter, soaking of the animals and stress. It is an unacceptable practice to spray down kennels or cages while animals are inside them. Improper cleaning may increase pathogen transmission (Curtis 2004). Practices that track pathogens from one enclosure to another put animals at risk. Mopping should be avoided if possible. When mopping cannot be avoided (e.g., when hosing is not possible) a disinfectant with good activity in the presence of organic matter must be used, and contaminated mop water should not be used from one housing area to another. Acceptable sanitation cannot be accomplished using water alone, nor using only a disinfectant (e.g., bleach) with no detergent properties. Care should be taken when mixing cleaning products as the resulting mixture could be ineffective or even toxic. Alternative methods of disinfection such as ultraviolet (UV) light or reliance on freezing during cold weather are not sufficient for sanitation in shelters or rescue facilities. (b) Fomite Control A fomite is an object that may be contaminated with pathogens and contribute to transmission of disease. The human body and clothing may serve as fomites. As apparently healthy animals as well as those who are obviously ill may be shedding pathogens, any complete sanitation protocol must address proper hygiene of shelter staff, volunteers, and visitors, including signage, supervision, and hand sanitation. Adequate hand sanitation is one of the best ways to prevent disease transmission and should be required before and after handling animals and fomites. Hand sanitation is achieved through hand washing, use of hand sanitizers, and proper use of gloves. Sinks should be available in all animal housing and food preparation areas, and must be equipped with soap and disposable paper towels. Hand sanitizer dispensers should be provided in all animal handling areas. It should be noted that hand sanitizers are ineffective against some of the most dangerous pathogens found in shelter settings (e.g., parvoviruses, caliciviruses) and cannot be relied on as the sole means of hand sanitation. Hand sanitizers should be used only on hands that appear clean (Boyce 2002) and should contain at least 60% alcohol. Clothing, even if visibly clean, may still carry pathogens. Protective garments (e.g., gowns, gloves, and boots or shoe covers) should be worn during cleaning or other intensive animal -handling activities (such as treatment of sick animals or euthanasia) and changed before going on with other activities of the day. Fresh protective garments should be worn when handling vulnerable populations, including puppies and kittens and newly admitted animals. Garments must be changed after handling an animal with a diagnosed or suspected serious illness such as parvovirus. All equipment that comes in contact with animals (e.g., muzzles, medical and anesthetic equipment, humane traps, gloves, toys, carriers, litterboxes, food bowls, bedding) including cleaning supplies should be either readily disinfected or discarded after use with a single animal. Items that cannot be readily disinfected, such as leather gloves and muzzles, represent a risk to animals. Their use should be voided especially for animals who appear ill and during disease outbreaks. For example, ringworm has been cultured from leather animal handling gloves in shelter settings. Mobile equipment such as rolling trash cans, shopping carts, and food or treatment carts (including their wheels) may also serve as fomites and should be sanitized accordingly. Scratched and porous surfaces are difficult or impossible to completely disinfect and should be used with caution or discarded (e.g., plastic litterpans, airline carriers, plastic and unglazed ceramic water bowls). Transport cages and traps, as well as vehicle compartments used for animal transport must be thoroughly disinfected after each use. All clothing and bedding used at the shelter must be laundered and thoroughly dried before reuse. Organic debris (e.g., feces) should be removed from articles before laundering. Articles that are heavily soiled should be laundered separately or discarded. Bedding and other materials heavily contaminated with durable pathogens such as parvoviruses should be discarded rather than risk further spread of disease (Peterson 2008). Food and water bowls should be kept clean and must be disinfected prior to use by a different animal. Use of commercial dishwasher is an excellent way to thoroughly clean food and water bowls (Gilman 2004; Lawler 2006). The mechanical washing action and high temperatures attained in dishwashers will destroy the majority of pathogens but may not destroy unenveloped viruses such as parvoviruses. If these viruses are a problem a disinfectant should be applied to the dishes before or after going through the dishwasher. When dishes are sanitized by hand, they must be thoroughly washed and rinsed prior to disinfection. Ideally, food and water receptacles should be cleaned in an area separate from litter boxes or other items soiled by feces. At minimum, litterpans and dishes must not be cleaned at the same time in the same sink, and the sink should be thoroughly disinfected between uses. Footbaths are inadequate to prevent infectious disease spread and should not be relied on for this purpose. Poorly maintained footbaths may even contribute to the spread of disease. Achieving adequate contact time (e.g., 10 minutes) is impractical, and footbaths require frequent maintenance because the presence of organic debris inactivates many disinfectants. Dedicated boots that can be disinfected or disposable shoe covers are more effective and should be used in contaminated areas (Morley 2005; Stockton 2006). It is unacceptable for animals to walk through footbaths. 2. Other Cleaning Outdoor areas around the shelter must be kept clean, recognizing it is impossible to disinfect gravel, dirt, and grass surfaces. Access to areas that cannot be disinfected should be restricted to animals who appear healthy, have been vaccinated and dewormed, and are 5 months or older. Ideally, feces should be removed immediately from outdoor areas, but at minimum must be removed at least daily. Standing water should not be allowed to accumulate in areas around the shelter because many pathogens thrive and mosquitoes breed readily in these moist environments. 3. Rodent/Pest Control Many rodents and insects harbor bacteria and other pathogens that can contaminate food products, resulting in food spoilage or direct transmission of disease to the animals (Urban 1998). Areas of food storage are particularly vulnerable to infestation. All food should be kept in sealed bins or containers that are impervious to rodents and insects (New Zealand 1993). Food should be removed from runs at night if rodents and insects are present. If a shelter is experiencing a problem, solutions must be humane, safe, and effective. By using the guidelines above in conjunction with the daily sanitary checklist will allow us to better care for and house our animals in a safe and clean environment. ATTACHMENT 3 COSTA MESA ANIMAL CONTROL INFECTION CONTROL CHECKLIST Costa Mesa Animal Control Infection Control Checklist TASK WHEN PROCEDURE PERSONAL PROTECTIVE EQUIPMENT (PPE) Wear required PPE Always ❑ Put on gloves and scrubs/smock/apron before all cleaning tasks ❑ Wear rubber boots when cleaning runs or large floor areas and clean and disinfect boots afterward ❑ Wear masks when changing dusty kitty litter, caring for sick birds, or other tasks that create dust ❑ Wear shoe covers in isolation areas DOG AREAS -try to keep dogs in the same kennel/cage throughout their stay Runs Use standard cleaning/disinfection Daily ❑ Disinfect run before placing new animal in it procedures for runs that are ❑ Move dog to a clean cage or separate holding area occupied by dogs and in between Between ❑ Remove all items; replace w/ clean ones (dishes, towels, bedding) different dogs animals and ❑ Remove all solid waste and large debris when dirty ❑ Scrub the floor and walls ❑ Rinse all surfaces with clean water ❑ Spray disinfectant on all surfaces and rinse if needed Allow the disinfectant solution to sit for recommended time ❑ Routinely use a degreaser to remove build-up of oils and debris Kennels/crates Use standard cleaning and Daily ❑ Disinfect kennel/crate before placing new animal in it disinfection procedures for kennels ❑ Remove all items; replace w/ clean ones (dishes, towels, bedding) and crates that are occupied by Between ❑ Scrub inside and outside of kennels/crates with cleaning solution animals and in between different animals and ❑ Spray disinfectant in cage and rinse if needed animals when dirty Allow the disinfectant solution to sit for recommended time ❑ Routinely use a degreaser to remove build-up of oils and debris Common play areas Indoor ❑ Spot clean urine and feces throughout the day ❑ Vacuum hair from floors before cleaning ❑ Thoroughly clean and disinfect floors mid-day and at end of day Daily ❑ Allow floors to dry before allowing dogs back into area Outdoor ❑ Remove feces throughout the day ❑ For washable surfaces, clean with a biodegradable soap solution, rinse with clear water, apply bleach solution and allow to dry ❑ Make sure wastewater doesn't drain into storm drains CAT AREAS - try to keep cats in the same kennel/cage throughout their stay Cat cages- spot cleaning Use standard cleaning procedures Daily ❑ Shake out cage liner; replace if dirty for cages that are occupied by the ❑ Clean food and water dishes if dirty same cat and are not very dirty ❑ Clean litter pan ❑ Wash bedding/toys if soiled ❑ Use clean paper towels for spilled food or waste ❑ Wipe all surfaces with clean rag/paper towel dipped in clean water ❑ Clean and disinfect cage surfaces where customers touch them Cat cages— cleaning & disinfecting Use standard cleaning and Between cats ❑ Remove cat and all items from cage disinfection procedures for cages or when dirty ❑Clean litter pans, bedding/toys, and food and water dishes ❑ Use clean paper towels for spilled food or waste ❑ Use soap or detergent with hot water and a scrub brush or clean rag for cleaning ❑ Rinse/wipe surfaces with clean water and dry ❑ Disinfect the cage Allow the disinfectant solution to sit for recommended time TASK WHEN PROCEDURE Litter pans If pans are disposable, simply empty Daily ❑ Scoop feces from pan on a daily basis litter and pan directly into garbage Between cats El Gently dump litter from pan directly into garbage and use a new pan or when dirty ❑ If dusty, carefully wet litter with disinfectant first ❑ Clean the pan with soap or detergent and hot water using a scrub brush or a clean rag ❑ Rinse with clean water and dry ❑ Disinfect the pan Allow the disinfectant solution to sit for recommended time Cat trees and scratching posts Discard if used by a cat with Daily, ❑ vacuum to remove hair and debris when visibly dirty ringworm or when worn/dirty between cats ❑ Clean between groups of cats with a hot steam cleaner or or when dirty disinfectant spray and allow to dry GENERAL CLEANING Grooming tools - blades, scissors, ❑ Remove hair and debris from tools brushes and combs ❑ Soak used tools in a disinfectant solution or barbacide ❑ Spray or soak clipper blades in a disinfectant cleaner or sanitizing blade wash/spray Tables — grooming, exam, treatment Daily,❑ vacuum or sweep all hair and nail debris off of the table between ❑Clean and disinfect table animals Allow the disinfectant solution to sit for recommended time Tubs ❑ Rinse tub free of debris and clean hair trap ❑ Apply disinfectant to all tub surfaces Allow the disinfectant solution to sit for recommended time Food and water bowls ❑ Clean dishes and plastic items in dishwasher, or with soap and hot Plastic toys water and air dry; items must be dry before using or storing Tethers and leads Daily, ❑ Wash tethers and leads in washer or soak in a disinfectant solution between ❑ Items that cannot be disinfected or washed should be thrown away Laundry - towels, bedding, fabric animals, ❑ Pre -clean heavily contaminated objects by shaking off or soaking toys, smocks, rags and mops when dirty ❑ Wash dirty bedding and fabric toys in washer, dry in hot dryer ❑ Use laundry detergent, hot water, and %: to 1 cup bleach per load Kitchen areas and bathrooms ❑ Clean and disinfect food prep areas and all sinks ❑ Clean bathrooms, including sinks and toilets Daily, as Floors, walls, shelving/storage, and needed ❑ vacuum or sweep up hair and dirt (don't vacuum in bird areas) any other areas ❑ Clean floors with a disinfectant at end of the day ❑ Clean and disinfect surfaces where hair, dirt or debris accumulate Garbage Daily, ❑ Store garbage in pest proof containers with a tight fitting lid weekly ❑ Remove garbage at least weekly ISOLATION AREAS Isolation areas should be Daily when ❑ PPE used in the isolation area should not be used in other areas of cleaned/disinfected last occupied or the facility or with animals not in isolation when animal ❑ Use separate cleaning supplies for the isolation area is moved out ❑ Dogs and cats should have separate isolation areas SMALL ANIMAL ENCLOSURES Small animal bedding contaminated with urine and feces may spread harmful germs. Make sure to wear appropriate PPE when cleaning small animal cages. Deep cage cleaning Weekly or ❑ Move small animal(s) to a clean cage or holding area more often if ❑ Remove and sanitize cage items (food and water bowls, toys, Days between cleaning cages will needed nesting huts, etc.) vary depending on the number and ❑ Spray bedding and cage down with a disinfectant spray to reduce type of animals in the cage and size dust and scoop out bedding of the enclosure ❑ Spray entire enclosure and lid w/ cleaning solution & remove debris with paper towel or clean towel- use a clean towel for each cage ❑ Spray entire enclosure and lid with disinfectant solution Allow the disinfectant solution to sit for recommended time ❑ Rinse enclosure with clear water to remove disinfectant residue ❑ Dry enclosure with a clean paper towel ❑ Add fresh bedding, food and water, toys ❑ Return animal(s) to cage- avoid overcrowding REPTILE/AMPHIBIAN (HERP) ENCLOSURES Reptiles and amphibians often carry harmful germs but don't appear sick. Wear appropriate PPE when handling animals and cleaning enclosures & practice good hand washing. Aquatic environments need to be Semi -aquatic environments should be spot Land environments should be spot cleaned when the water is dirty or cleaned daily & have a partial water change cleaned daily to remove feces & have a weekly during the week and a full water change full substrate and tank breakdown and substrate removal weekly or bi-weekly weekly or bi-weekly Deep cleaning or full tank changes Weekly to bi- ❑ Move herp(s) to a clean cage or holding area weekly ❑ Remove and sanitize enclosure items (food and water bowls, toys, Cleaning herp enclosures will vary nesting huts, etc.) depending on the needs of the species, ❑ Remove substrate (artificial turf, shavings, sand, moss, etc.) size of the enclosure and the number ❑ Spray entire enclosure and lid w/ cleaning solution & remove debris of herps in the enclosure with paper towel or clean towel- use a clean towel for each cage ❑ Spray entire enclosure and lid with disinfectant solution Allow the disinfectant solution to sit for recommended time ❑ Rinse enclosure with clear water to remove disinfectant residue ❑ Dry enclosure with a clean paper towel ❑ Add clean substrate, food and water, toys ❑ Return herp(s) to cage BIRD CAGES Aerosolized bird feces can spread harmful germs. Make sure to wear appropriate PPE when cleaning bird cages. Bird cages- spot cleaning Use standard cleaning procedures Daily ❑ Remove and sanitize soiled cage items (food & water dishes, toys) for cages that are occupied by the ❑ Remove cage tray, newspaper, bedding, and any debris same bird(s) and are not very dirty ❑ Wipe down cage exterior/interior with a rag that is soaked in disinfectant solution to remove feces ❑ Add fresh food and water, clean bedding/newspaper, and toys Bird cages- deep cleaning Use standard cleaning and Weekly ❑ Move bird(s) to a clean cage disinfection procedures for cages ❑ Remove and sanitize cage items (food and water dishes, toys, perches, etc.) ❑ Remove cage tray, newspaper, bedding and any debris ❑ Scrub entire cage with cleaning solution ❑ Rinse surfaces with clean water (squeegee Plexiglas or plastic enclosures) ❑ Spray disinfectant in cage and wipe with a clean paper towel Allow the disinfectant solution to sit for recommended time ❑ Add fresh water, food, bedding and toys ❑ Return bird(s) to cage- avoid overcrowding CITY OF COSTA MESA PROFESSIONAL. SERVICES AGREEMENT WITH ORANGE COUNTY HUMANE SOCIETY THIS AGREEMENT is made and entered into this 211 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 speclalized 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: 11.0. 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. Consuitant also warrants that it is familiar with all lags 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 Cit . 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 CECT") 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 2.1, 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. 3 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 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. 5A, 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. 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, andlor 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 Consullant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claimsor 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, at 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 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. 6.99. 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. Severabilitu. 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 ORANGE COUNTY HUMANE SOCIETY negotiations, 6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shalt 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 offloers, as of the date first above written, CITY sron r..::. R y ` Date: CONSULTANT Signa ure Name and Title 2-- 5 00 rorTaxpayer ID ATTEST; of the City of Costa Mesa APPRO A T CRM:' City Att rney Date: t Z-� -Z-F, ) 4 Date:. U G flI 10 ORANGE COUNTY HUMANESOCfETY APPRO ED AS 7 RANGE: c Date:: Risk Ma gement APPROVED AS TO CONTENT: Project Manager DEPARTMENTAL APPROVAL 1 i5 i 5 Date: 12 /11, / 2,0 f �— } ---- Date: i7, j?Sj 114 Name: Title: ( Fra- ,) ACCP ORANGE COUNTY HUMANE SOCIETY Ic