HomeMy WebLinkAboutCC-9 - - Animal Control Services RFP - 10/4/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: October 4, 2011 ITEM NUMBER: ! CC -9
SUBJECT: ANIMAL CONTROL SERVICES REQUEST FOR PROPOSAL
DATE: SEPTEMBER 27, 2011
FROM: OFFICE OF THE CEO
PRESENTATION BY: THOMAS R. HATCH, CEO
FOR FURTHER INFORMATION CONTACT: THOMAS R. HATCH @ (714) 754-5328
RECOMMENDATION:
Staff recommends that the City Council authorize staff to release the Request for Proposal
(RFP) for Animal Control Services (Attachment 3) based upon the analysis provided by both the
Animal Control Services Contracting Committee and the Police Department.
BACKGROUND/ANALYSIS:
Council Policy 100-6 provides guidelines for evaluating the potential contracting of on-going City
services on a long-term or permanent basis. As set forth in the policy, a committee was formed
and comprised of three segments: Project Responsibility, Department Representative and
Employee Representative. The committee was tasked with the following:
- Hearing a presentation from department representatives and asking questions about the
specific proposal under consideration;
- Working together to outline how to evaluate a comparable City effort to provide the same
or similar service;
- Having the project facilitator draft an analysis addressing the available alternatives for
service delivery as outlined by the committee; and,
- Determining if outside comparative data would be useful.
On August 23, 2011 the Animal Control Services Contracting Committee met to discuss the
duties and responsibilities of the Animal Control program and determine "the available
alternatives for service delivery." After hearing a presentation by department staff and asking
questions, the Contracting Committee determined the following alternatives for the Animal
Control program:
1. Contract with the County of Orange.
2. Contract with other Orange County cities.
3. Lower level of service at a lesser cost.
4. Higher/prior level of service for a higher cost.
5. Contract with a private provider.
On August 30, 2011 and September 8, 2011, the Contracting Committee met to discuss, clarify
and finalize the alternatives/options and the draft RFP. The following is an explanation of the
attachments.
Attachment 1, a memo from the Contracting Committee to the City CEO Tom Hatch, provides
identification and analysis of each alternative and survey information provided by other
agencies.
Attachment 2, a memo from Police Chief Tom Gazsi to the City CEO Tom Hatch, provides a
written evaluation (including pros and cons) of each option addressed by the Contracting
Committee.
Attachment 3, the draft RFP for Animal Control Services, prepared by the Police Department
and reviewed and finalized by the Contracting Committee.
Based on the attached information it appears that the most viable alternatives are to retain the
existing service level but at a lower cost through reorganization or contracting with either a
public entity or private company for services. It is difficult to determine which of these
alternatives would provide the highest level of service at the lowest cost without issuing an RFP
so that appropriate cost analysis and comparisons in level of service can be made.
A few items should be noted with regard to the draft RFP. While we have identified in the draft
RFP the current level of expected service in terms of calls for service and impounding, we have
done so on the assumption that the Council wishes to retain the existing level of service,
whoever provides it. However, the draft also includes a specific request to proposers to identify
"innovative and/or creative approaches for providing the service that will maximize efficient,
cost-effective operations or increase performance capabilities." This would allow the Council to
evaluate either a different level of service, method of delivery, or other alternative that could
maintain or enhance service levels at a lower overall cost. The RFP also requests proposers to
offer information about hiring existing city employees and possible acquisition of City equipment
currently used to perform the service.
Also note, that employees or groups of employees, who wish to submit a proposal in response
to the RFP, will be permitted to do so. Staff recommends that employees who wish to submit
bids or responses to RFPs as contract providers should be advised to do so in compliance with
the RFP requirements and at the same time as other bidders
As directed under Council Policy 100-6, the above is an analysis addressing the available
alternatives for service delivery as outlined by the Animal Control Services Contracting
Committee.
ALTERNATIVES CONSIDERED:
The City Council may decide not to release the RFP and direct the CEO to evaluate other
alternatives identified by the Animal Control Services Contracting Committee.
FISCAL REVIEW:
The fiscal impact for outsourcing the identified City service is unknown at this time. If the City
Council directs staff to release the RFP a complete analysis of the proposals and the costs for
each will be provided to the City Council at that time.
2
CONCLUSION:
Staff recommends
provided by both
Department.
releasing the RFP for Animal Control Services based upon the analysis
the Animal Control Services Contracting Committee and the Police
wow , %
Thomas R. Hatch
Chief Executive Officer
11304-�
Bobby Y un
Finance a I Director
Attachment: Attachment 1 Contract Committee Analysis Memo
Attachment 2 Departmental Analysis
Attachment 3 Draft Request for Proposal
3
ATTACHMENT 1
CITY OF COSTA MESA
_ DEPARTMENT OF FINANCE
INTEROFFICE MEMORANDUM
TO: THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER
FROM: BOBBY YOUNG, FINANCE AND IT DIRECTOR
DATE: SEPTEMBER 8, 2011
SUBJECT: ANIMAL CONTROL CONTRACTING COMMITTEE
Council Policy 100-6, provides guidelines for evaluating the potential contracting of on-going City
services on a long-term or permanent basis. As set forth in the policy, a committee should be formed
and comprised of three segments: Project Responsibility, Department Representative and Employee
Representative. The committee is tasked with:
- hearing a presentation from department representatives and asking questions about the specific
proposal under consideration,
- working together to outline how to evaluate a, comparable City effort to provide the same or
similar service,
- having the project facilitator draft analysis addressing the available alternatives for service
delivery as outlined by the committee,
- determining if outside comparative data would be useful.
On August 23, 2011 the Animal Control Contracting Committee met to discuss the duties and
responsibilities on the Animal Control program and determine "the available alternatives for service
delivery". After hearing a presentation about the draft RFP by department staff and asking questions,
the Committee determined alternatives for the Animal Control program.
On August 30, 2011 the Committee met to further discuss and clarify the draft RFP and
alternatives/options. The following are alternatives for the Animal Control services provided by the City.
The Committee met again on September 8, 2011 to review a draft of this memo and to discuss the
options, RFP and comparative data.
1. Contract with the County of Orange.
The City could contract all animal control services to the County of Orange. As seen on the
attached survey of Orange County cities, there are many cities which currently contract with the
County. The Committee does believe this option would be a reduction in services when
compared to the service provided by city staff. Since the City currently provides 2 full time
employees and it is likely the County will not designate employees completely to the City, a
reduction in comparable services is a possibility. In addition, current City Staff receives training
under California Penal Code section 832 which allows them to issue Penal Code, Health and
Safety Code and Fish and Game Code citations, and County staff is not able to do this. This
means that sworn officers would have to issue such citations if the City contract with Orange
County for animal control services.
2. Contract with other Orange County cities.
Page 1 of 3
ATTACHMENT 1
The City could contract other local agencies to determine the desire to form a JPA to provide
animal control services under a common/shared staffing agreement and/or a common/shared
facility/shelter. Unfortunately there are no examples of this option available, however the
committee recognizes the possibility exists. The committee also determined that the location of
participating agencies could be a large factor in reducing operational impacts and response
times. The further away a shelter facility is, the longer the period an animal control officer would
be out of service for normal duties. Another option would be to seek proposals from other
adjacent Cities which have in-house animal control staff and shelter facilities, such as Irvine, to
contract with the City. There may be limited opportunities to offer adjacent smaller cities animal
control services if we retained or expanded existing staff.
3. Lower level of service at a lesser cost.
The City could chose to reduce the current level of services provided to the community. This
reduction could be by a further reduction in staffing levels. Currently the City staffs 2 Animal
Control Officers (ACO) and that could be reduced to reduce costs, but would likely result in
longer response times and reduced level of services. Some of the current services provided by
staff are not legally required but are considered desirable by the department and the
community, such as picking up deceased animals, responding to wild animal calls, and
maintaining reports on every call.
4. Higher/prior level of service for a higher cost.
If the City desires to obtain a higher level of service (as previously provided), the City could
increase the total staffing from 2 ACOs to 3 ACOs. This would likely result in an increased cost
of the animal control program.
5. Contract with a private provider.
The City could contract with a private provider for animal control services. Unfortunately there
are no examples of this option available in Orange County, however the committee recognizes
the possibility exists, as there is one private provider known to be located in Los Angeles
County. Therefore an RFP may provide information about the availability of this possibility.
As directed under Council Policy 100-6, the above is analysis addressing the available alternatives for
service delivery as outlined by the Animal Control Contracting Committee. Attached is a drafted
Request For Proposal (RFP) prepared by Police Department staff, reviewed and approved by the
Committee, should you desire to present it to City Council.
The Animal Control Contract Committee is available should you have any questions or request more
information.
Attachment — Survey of other cities
Page 2 of 3
Animal Control Comparative Data ATTACHMENT 1
Respondent
City of Costa Mesa
City of Newport Beach
City of Irvine
Representative
Phil Myers
Valerie Schomburg
Kimberly Cherne
What is the number of Animal Control
Officers working foryou?
2
3
5 Full-time, 1 Supervisor
What is the total number of calls for services
per year?
4360
5505
Between 8,000 - 9,000
What are the number of impounds of dog?
511
240
535
What are the number of impounds for cats?
497
205
349
What are the number of impounds for
others?
434
25
569
What hours do you provide coverage for
Animal Control Services?
0700-1900 M -F and
0700 to 1700 Sat - Sun
Varies 1 ACO 08-18 2
ACO 06-20
0700-2100 7 -days a
week.
What types of services do you provide
within Animal Control?
Awesome service!
Citations, enforce
Federal, State and City
laws, investigate animal
cruelty, wildlife,
impounds of animals,
trapping wild animals,
barking dog complaints,
marine mammals and
birds, chemical capture
animals, investigate
dog/cat bites, adoption
events and educational
events.
We are a full-service
agency. We provdie
response to any issue,
violation or concern
involving animals,
humans and their safety
and welfare. We
investigate crimes, take
reports and file cases.
The only services we do
not provide are pest
control and animal
trapping (although we
will service resident's
traps).
What is the total budget for Animal Control?
$453,424
$494,561 (includede
$99,745 shelter
services
Approximately $730,006-
Are your ACO 832 trained?
Yes
Yes
Yes
The following cities currently contract with
the County of Orange
for Animal Control services:
Anaheim, Brea, Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Laguna Hills,
Lake Forest, Orange, Placentia, Rancho Santa Margarita, San Juan Capistrano, Stanton, Tustin, Villa
Park and Yorba Linda. Additionally, all unincorporated areas of cites not listed above are serviced by
Orange County Animal Control.
Page 3 of 3
ATTACHMENT 2
COSTA MESA POLICE DEPARTMENT
OFFICE MEMORANDUM
To: Tom Hatch, Chief Executive Officer
From: Tom Gazsi, Chief of Police
Date: September 28, 2011
RE: RESPONSE IN COMPLIANCE WITH CITY COUNCIL POLICY
100-6
Per City Council Policy 100-6 guidelines, the Department's Chief of Police is to
provide the Chief Executive Officer with a response to alternatives proposed by
the Contracting Committee.
Outlined in the Animal Control Contracting Committee Memorandum, Finance
Director Bobby Young identified the Committee's five alternatives for Animal
Control services, which are as follows:
1. Contract with the County of Orange
2. Contract with other Orange County cities
3. Lower level of service at a lesser cost
4. Higher/prior level of service at a higher cost
5. Contract with a private provider
The following is a brief assessment of alternatives, from the perspective of the
Department.
Alternative 1: Contract with the County of Orange
Pros:
Communities have successfully contracted with the County for Animal Control
Services.
Employee salary and benefits would be eliminated. The City's Animal Control
assets (i.e., specialized equipment, vehicles, etc.) would likely be sold or
eliminated.
The expanded services with Orange County could augment local services in
Costa Mesa and the other surrounding participating communities of Huntington
Beach, Fountain Valley, Midway City, and Sunset Beach. A larger program could
enhance equipment, training and availability, assuming a commensurate service
1
Page 1 of 3
ATTACHMENT 2
increase. This model could improve the available hours of service and reduce
police officers from handling emergency humane calls.
Cons:
County Animal Care Services costs could be higher than current services
provided by the City.
It is probable that the wide-ranging services currently provided by the City's
Animal Control program could be reduced. County personnel typically enforce
County ordinance. By contrast, City personnel enforce a wider breadth of codes
to include Agriculture, Fish and Game, and Health and Safety and Penal code.
Local Animal Control has traditionally provided high service care related to
injured and sick animals.
1k,
Contracting with the County could place Costa Mesa in line for services and
cause delays.
This model could eliminate established City personnel who are trained and
dedicated in. this field.
Alternative 2: Contract with other Orange County cities
Pros:
The City's responsibility of salary and benefits could be reduced as well as
equipment stock and maintenance.
A contract with one or more cities could increase the City's access to additional
resources and services. This program could enhance overall services by
participating agencies.
Cons:
The fiscal impact of another City's services is unknown at this time.
There are no examples of an Animal Control JPA (Joint Powers Agreement) in
place locally.
The proximity of the host source of services could detract from the program and
cause service delays.
Alternative 3: Lower level of service at a lesser cost
Pros:
Reducing staff by one would drop overall operational and personnel costs. Fiscal
impact would reduce the personnel costs by fifty percent as well as equipment
and support costs.
2
Page 2 of 3
ATTACHMENT 2
Cons:
The reduction of personnel will significantly reduce the scope and availability of
services. A fifty percent reduction of the program could not meet traditional
service expectations. Much of this demand could be moved to on -duty police
officers for emergency humane calls, which is not a viable alternative.
Alternative 4: Higher/prior level of service at a higher cost
Pros:
This model would likely enhance field services and provide expanded hours of
coverage and services. Extra assistance will not be required from field police
personnel. This higher level of service could improve response and service
levels.
This could greatly improve service to the Community as well as quality of life
issues related to Animal Services.
Cons:
This enhancement would increase overall operational costs by $98,612.11. This
represents total compensation of a third Animal Control Officer, as specified in
the City of Costa Mesa 2010 Compensation Report.
- Alternative 5: Contract with a private provider
Pros:
The City's responsibility of personnel costs and benefits would be reduced. The
City's Animal Control assets (i.e., equipment, vehicles, etc.) would likely be sold
or eliminated.
This could create interest of a local source to meet this service need.
Cons:
There are no known local examples of this service. As such, evaluation is not
difficult at this time.
This model could eliminate established City personnel who are trained and
dedicated in this field.
3
Page 3 of 3
ATTACHMENT 3
REQUEST FOR PROPOSAL
FOR
ANIMAL CONTROL SERVICES
Police Department
CITY OF COSTA MESA
Released on -------------------, 2011
ANIMAL CONTROL SERVICES
REQUEST FOR PROPOSAL (RFP)
Dear Proposers:
2 ATTACHMENT
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 Control 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.
i�:�ri]�eT�tiiij►`i��
On March 1, 2011, the City Council agreed to move forward with.a comprehensive review and
analysis of outsourcing 18 City services, one of which is Animal Control Services, as outlined in
the Outsourcing of City Services Council Agenda Report, dated February 24, 2011.
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 $94 million and a total of over $107 million of
fiscal year 2010-2011.
The City of Costa Mesa, incorporated in 1953, has an estimated population of 116,479 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.
The City of Costa Mesa provides animal control services to the Costa Mesa community through
the police department's Animal Control Unit. The Animal Control Unit is responsible for the
regulation, control, and prevention of rabies in the wild and domesticated animal population of
the City. It is further responsible for the impoundment of animals found at large or unlicensed
and the enforcement of those laws and ordinances applying to animals within the City.
A police lieutenant and sergeant oversee animal control operations. The Animal Control Unit is
currently staffed with two (2) full-time Animal Control Officers (ACOs), who provide coverage
seven (7) days a week, excluding holidays, through a 4-10 schedule. Animal Control coverage is
Monday through Friday (0700 to 1900 hours) and Saturday through Sunday (0700 to 1700
3 ATTACHMENT 3
hours). Until June 30, 2011, the City had three (3) full-time Animal Control Officers. These
officers provided 6,350 hours of services in fiscal year 2010-11. Current ACO's are Penal Code
section 832 certified.
The duties assigned to the Animal Control Unit include all aspects of animal control; animal
welfare, criminal investigations, quarantines, and community education. Shelter services are
contracted through the Orange County Humane Society in Huntington Beach.
Based on 2010 statistics, Animal Control handled the following number of calls for service and
impounds during the calendar year 2010:
Statistics - 2010
Total Number
Calls for Service (dispatched)
3,148
Calls for Service (self -initiated)
1,212
Release of RFP
4,360
Impounds (dog)
511
Impounds (cat)
497
Impounds (other)
434
Interview (if held)
1,442
Year to Date statistics for calendar year 2011 are attached as Exhibit 1.
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule:
Release of RFP
, 2011
Deadline for Written Questions
, 2011
Responses to Questions Posted on Web
, 2011
Proposals are Due
, 2011
Interview (if held)
, 2011
Approval of Contract TBD
4 ATTACHMENT 3
All dates are subject to change at the discretion of the City.
3. SCOPE OF WORK
The objective of this RFP is to identify qualified public entities and/or private firms and receive
competitive proposals for the outsourcing of animal control services on behalf of the City of
Costa Mesa. Proposals shall identify how Proposers can provide the following:
I. Staffing Services
Adequate staff levels must be met to ensure all services outlined in the contract are provided in
an efficient and professional manner; ACOS available for after hour call -outs; and all staff
members to be uniformed and carrying identification cards acceptable to the City of Costa Mesa.
II. Animal Control Services
Animal Control Services include, but are not limited to, emergency response service (including
response to after hours calls for emergencies and special circumstances calls); patrolling;
impounding of stray animals and of owner -released animals; active enforcement of local statutes
(Costa Mesa Municipal Codes Title 3: Chapters I -VIII, Orange County Ordinances, State
statutes, and Federal regulations) associated with Animal Control; animal cruelty investigations;
animal bite investigations; citation issuance; field release to owner and impound fee collection
for impounded animals; quarantine activities including home checks of animals involved in bites;
site inspections required to comply with vicious dog ordinances; emergency transportation of
injured, impounded animals to a veterinarian; impounding of deceased animals for disposal;
responses to requests for assistance from law enforcement and city officials regarding suspected
criminal activities or zoning violations related to animals; advice to residents regarding wildlife
management or other animal concerns; injured wildlife pick-up; impounding of nuisance
wildlife; and assistance to residents regarding potentially dangerous and/or vicious animals;
impound data entry; reporting to Rabies Control (Orange County Animal Control).
III. Special Services
Animal Control Special Services include, but are not limited to, animal license issuance
and renewal; fee collection and payment services; customer support regarding animal
licensing; animal license billing; delinquent animal license follow-up; animal field
canvassing to locate and license unlicensed 'animals; inspection of animal -related
businesses in the jurisdiction of Costa Mesa in response to complaints; and when
applicable, issuance of animal permits for private homes; and maintain accurate records
of all activities (i.e., license fees, impound fees, boarding fees, adoption fees, spay/neuter
fees, destruction fees, number and type of complaints received, number of dogs
impounded, number of dogs claimed, number of dogs sold, number of dogs destroyed and
number of any other animals processed). Costa Mesa has a spay/neuter program
designed to reduce the number of unwanted animals and provide financial assistance to
low income Costa Mesa citizens desiring to spay or neuter their pet. The citizens submit
5 . ATTACHMENT 3
an application for a voucher to Animal Control, which is redeemed at O.C. Humane
Society for payment of the procedure. They must show proof of low income status. The
cost of the program is paid for with State mandated. fines collected for impounded
unsterilized pets. ACO's process voucher applications for this program.
IV. Shelter Services
Animal Control Shelter Services include, but are not limited to, retention of impounded animals
at an aminal care shelter agreed upon by the City of Costa Mesa and proposer (currently
contracted with Orange County Humane Society); public display of animals to allow owner
identification; owner notification when animals are wearing identification and/or are
electronically tagged; sale or release of impounded animals to residents; animal evaluation for
adoption; retention of animals associated to criminal investigations; reasonable effort toward
animal placement; public education; euthanasia and disposal of animals that are neither
redeemed nor adopted; veterinary services and spay/neuter surgeries consistent with standards
established by the California Veterinary Medical Board; and necropsies on animals that die
under suspicious circumstances or at the request of law enforcement. Current city staff spend
approximately 20 hours per year interfacing with County Animal Control on various matters.
Interaction with various other entities and private companies is required from time to time,
including Orange County Vector Control, State Fish and Game, private veterinarians, etc.
V. Barking Dog Complaint Services
Barking Dog Complaint Services include, but are not limited to, receipt of barking dog
complaints from residents, customer assistance regarding barking dog complaints, issuance of
citations, and preparing for and testifying in administrative hearings in response to complaints
received for barking dogs within the jurisdiction of Costa Mesa. Costa Mesa Municipal Code
Sections 3-8, 3-113, & 3-114. There may be instances where animal control officers are required
to attend court in connection with appeals of administrative citations. This historically occurs
about twice per year.
VI. Administrative/Clerical Services
The following clerical services will be required:
■ Follow-up/Prepare/Process all aspects of the barking dog complaints
■ Liaison with Finance Department to determine if barking dog citation has
been paid
■ Process permits for non-domestic (exotic) animals, such as Monitor
Lizards
■ Process spay and neuter voucher requests
■ Maintain monthly statistical data for Animal Control calls for seivice
■ Maintain monthly animal shelter stats for monthly billing
■ Annual Rabies report
■ Obtain euthanasia and tranquilizer gtui drugs
6 ATTACHMENT 3
■ Maintain kennel room and supplies
■ Answer lost and found pet inquiries
■ Handle animal control phone inquires
■ Maintain Animal Control office fles
■ .Process service animal license requests
■ Process County rabies certificate license requests
■ Contact outside agencies regarding possible lost and found pets
■ Order Animal Control supplies
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 Index/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"
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 terms of technical
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 Proposer's response:
• Vendor Application Form and Cover Letter
Complete Appendix A, "Request for Proposal -Vendor Application Form" and attach this
form 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 Proposer 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 Proiect 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.
• Methodoloev 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:
7 ATTACHMENT
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 deal with fluctuation in service needs and
any associated price adjustments. If your plan would be to contract for animal
shelter services with someone other than the Orange County Humane Society in
Huntington Beach, identify what shelter contractor you would use or how you
would provide animal shelter services and how you would transition to another
shelter provider.
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. If your proposed staff are not Penal Code
section 832 certified, explain in your proposal how you will handle situations
involving arrests, animal cruelty charges, service of warrants, need for use of
firearms and tranquilizer guns, etc.
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. Finns, public entities and individuals wishing to be considered shall include in their
submissions the steps they will, if selected, implement and adhere to for the recruitment,
hiring and retention of former employees of the City who have been or may be displaced
due to layoff or outsourcing of functions and services formerly provided by the City.
7. 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 terms 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. The City currently owns three specialized
animal control vehicles.
• Staffin
8 ATTACHMENT 3
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.' 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, key staff and sub -contractors performing projects within the past five years that are
similar in size and scope to demonstrate competence to perform these services. Information
shall include:
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.
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 Canacit
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.
1 Hourly rates for the proposed personnel shall be set forth on Appendix D.
9 ATTACHMENT 3
• 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 firm from consideration.
• SamDle ALYreement
The firm 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 Parte Communications Certificate
(2) Price Proposal Form
(3) Disclosure of Government Positions
(4) Disqualifications 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
10 ATTACHMENT 3
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 p.m. (P.S.T) on , 2011 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
Attention: Kimberly Hall Barlow
City Attorney's Office
77 Fair Drive
Costa Mesa, CA 92626
RE: ANIMAL CONTROL SERVICES
• Inquiries
Questions about this RFP must be directed in writing, via e-mail to:
Richard Amadril, RFP Facilitator
/r,,iinadril(cdci.costa-mosa.ca.us
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 & RF.P'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 , 2011. 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, firms 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.
11 ATTACHMENT 3
• 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.
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%
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. ----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 Screening
12 ATTACHMENT 3
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
recommendation or selection.
C. Interviews, 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, if held, are tentatively scheduled for , 2011 and will be
conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626. This
date is subject to change. The individual(s) from Proposer's firm or 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
from, which shall be determined 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.
13 ATTACHMENT 3
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 unless 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 rules 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 fled in
writing with the RFP Facilitator at least 10 calendar days 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 staff's recommendation for
award of contract. The protest must 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 staff's 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.
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, indemnify and hold harmless the City from and against all damages (including but
14 ATTACHMENT 3
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 member 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 communications
as described in this section.
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.
15 ATTACHMENT 3
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 modified only if' extraordinary circumstances exist. Submittal of a proposal
shall be deemed acceptance of all the terms 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
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 Cite Web Site - Business - Bids & RFP's; Proposers should check this web
page daily for new information.
Cost for Preparing 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) calendar days of award of contract, successful Proposer must
furnish the City with the Certificates of Insurance proving coverage as specified within
Appendix B.
16 ATTACHMENT
17 ATTACHMENT 3
REQUEST FOR PROPOSAL
Animal Control Services
VENDOR APPLICATION FORM
TYPE OF APPLICANT: ❑ NEW ❑ CURRENT VENDOR
Legal Contractual Name 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:
Fax:
E -Mail Address:
Business Fax:
Is your business: (check one)
❑ NON PROFIT CORPORATION ❑ FOR PROFIT CORPORATION
Is your business: (check one)
❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP
❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP
❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
18 ATTACHMENT 3
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names
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:
lg ATTACHMENT
20 ATTACHMENT 3
PROFESSIONAL SERVICES AGREEMENT
CITY OF COSTA MESA
THIS AGREEMENT is made and entered into this _ day of , 2011 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
consultant, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant as described herein below;
and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
necessary to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (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 California Government Code, Sections 1090-1092, 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
Consultant's Proposal (the "Proposal"). A copy of said Proposal is attached hereto as Exhibit
"A" and 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. It is understood that in the exercise of every aspect of its role, within the
scope of work, consultant will be representing the City, and all of its actions, communications, or
other work, during its employment, under this contract is under the direction of the City.
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. . No personnel providing services to the City under this
Agreement shall be allowed to work under this agreement unless he/she is approved by the City.
City also has the right to require Consultant to remove personnel from service under this
Agreement upon demand of the City based on performance deficiencies or misconduct of any
kind.
21 ATTACHMENT 3
1.3. 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.
1.4. 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. Violation of this provision may result in the imposition of penalties referred
to in Labor Code, Section 1735.
1.5 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.
1.6. Delegation and Assignment. anent. 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.
2.0. COMPENSATION AND BILLING
2.1. Compensation. [TBD]
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the 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 City's affected supervisor
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 Consultants' 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 and the
associated time for completion. Any additional services approved and performed pursuant to this
22 ATTACHMENT 3
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.
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4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of three year, unless previously terminated as provided herein or as otherwise agreed to in
writing by the parties. At the end of the term period, the City may determine, in its sole
discretion, to exercise an option to renew the contract for up to two periods of one (1) year each.
The City shall give notice to Consultant of its intention to exercise such option at least 30 days
prior to expiration of the base, or option, term.
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.
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, inmate
intake reports and logs shall be delivered to the City within ten (10) days of delivery of
23 ATTACHMENT 3
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 and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than Five Million Dollars ($5,000,000.00), combined
single limits, per occurrence and aggregate.
(b) 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 and aggregate.
(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 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 ($1,000,000.100), combined .. comment [ail: should this also be $5
single limits, per occurrence and aggregate. Consultant shall obtain and M'
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 comprehensive general liability insurance 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, agents, and employees are additional insureds
with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
24 ATTACHMENT 3
(c) Other insurance: "Any other insurance maintained by the City of Costa
Mesa shall be excess and not contributing with the insurance provided by
this policy."
5.3 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.
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 Manager or his 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.
25 ATTACHMENT 3
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 snail 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:
Consultant City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: Tel: 714-754-5156
Fax: Fax: 714-754-5330
Attn: Attn: Purchasing
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
"B" 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
26 ATTACHMENT 3
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:
To the fullest extent permitted by law, the Consultant assumes liability for and shall save
and protect, hold harmless, indemnify, and defend the City and its elected and appointed
officials, officers, and employees (all the foregoing, hereinafter collectively, "Indemnitees")
from and against all claims, suits, demands, damages, losses, expenses, and liabilities ofiany kind
whatsoever (all the foregoing, hereinafter collectively "Claims") including, without limitation,
attorneys' fees, arising out of, resulting from, relating to, or claimed to have arisen out of,
resulted from or related to the engagement of Consultant or the performance of this Agreement
by the Consultant (including its subcontractors and suppliers)
It is expressly intended by the parties that Consultant's indemnity and defense obligations shall
apply, and Indemnitees shall be fully indemnified without offset, deduction or contribution,
regardless of any negligence or other fault of Indemnitees, or any of them, and whether or not
such Indemnitee negligence or other fault caused or contributed to the arising of the Claims.
"Claims" as used in this section shall include, without limitation, those for personal injuries,
wrongful death, mental or emotional distress, loss of consortium, damage to or loss of use of
real, personal or intangible property of any kind, loss of income, loss of earning capacity, and
business, financial, commercial or pecuniary losses of any kind whatsoever, and attorneys fees,
and costs and expenses of any kind whatsoever.
Consultant's indemnity and defense obligations shall cover the acts or omissions of any of
Consultant's subcontractors, and suppliers, and the employees of any of the foregoing.
The Consultant's indemnity and defense obligation under this Section includes, without
limitation, any claims, suits, demands, damages, losses, expenses, and liabilities arising from
allegations of violations of any federal, State, or local law or regulation, and from allegations of
violations of Consultant's or its subcontractor's personnel practices or from any allegation of an
injury to an employee of the Consultant or subcontractor performing work or labor necessary to
carry out the provisions of this Contract.
The indemnification obligations in this Section shall not be construed to negate, abridge or
otherwise reduce any other obligation of indemnity the Consultant may have with respect to the
City which may otherwise exist. If any judgment is rendered against the City or any of the other
individuals enumerated above in any such action, the Consultant shall, at its expense, satisfy and
discharge the same. This indemnification shall survive termination or expiration of this
Agreement.
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 secure, at his expense,
27 ATTACHMENT 3
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.
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. 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.
6.13. Confidentiality: Any City materials to which the Consultant has access,
information that reasonably might be construed as private or containing personal identifiable
information, or materials prepared by the Consultant during the course of this Agreement
(collectively referred to as "confidential information") shall be held in confidence by the
Consultant, who shall exercise all reasonable precautions to prevent the disclosure of
confidential information to anyone except the officers, employees and agents of the Consultant
as necessary to accomplish the rendition of services set forth in this Agreement. Consultant shall
not release any reports, information, private or promotional information or materials, whether
deemed confidential or not, to any third party without the approval of the City.
28 ATTACHMENT 3
6.14. 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.
6.15. Prohibited Employ: Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.16. 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 the Proposal, 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 Proposal.
6.17. 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.
6.18. 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.
6.19 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.
6.20. 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.
6.21. Amendments: Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.22. 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
29 ATTACHMENT 3
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.
6.23. Severability: If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any party is materially
impaired, which determination as made by the presiding court or arbitrator of competent
jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good
faith negotiations.
6.24. 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.
6.25. 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:
City Manager of Costa Mesa
CONSULTANT
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Date:
City Attorney
APPROVED AS TO INSURANCE:
Date:
Risk Management
30 ATTACHMENT 3
APPROVED AS TO CONTENT:
Date:
Project Manager
31 ATTACHMENT 3
32 ATTACHMENT 3
EXHIBIT A
CONSULTANT'S PROPOSAL
33 ATTACHMENT 3
EXHIBIT B
CITY COUNCIL POLICY 100-5
34 ATTACHMENT 3
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;
b. Establishing a Drug -Free Awareness Program to inform employees about:
35 ATTACHMENT 3
1. The dangers of drug abuse in the workplace;
36 ATTACHMENT 3
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
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;
37 ATTACHMENT 3
3. Making a good faith effort to maintain a drug-free workplace through
implementation of subparagraphs 1 A through 1 F, inclusive.
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.
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.
38 ATTACHMENT 3
EXHIBIT C
CERTIFICATES OF INSURANCE
39 ATTACHMENT3
40 ATTACHMENT 3
EX 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 Animal Control Services RFP at any time after
. 2011.
OR
I certify that Proposer or Proposer's representatives have communicated
after , 2011 with a City Councilmember concerning the Animal Control
Services RFP. A copy of all such communications is attached to this form for public
distribution.
V
4l AT
41
42 ATTACHMENT 3
PRICING PROPOSAL FORM
ANIMAL CONTROL SERVICES
Provide hourly rates, along with estimated annual pricing in accordance with the City's current
requirements, as set forth in section 3 Scope of Work. Also provide your firm's proposed Staffing
Plan on a separate sheet of paper. Proposer should use a separate form to state pricing for any
added value.
Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for
follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the
contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics
Consumer Price Index (CPI) data for Los Angles -Riverside -Orange County, CA, All Items, Not
Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in
the subsequent year. (This information may be found on the U.S. Department of Labor's website at
www.bls.xov.)
Employee
Hourly Rate
Hours worked
Total Cost
Overtime rate
Please state the estimated annual price for any contract for shelter services which Proposer intends to
contract for with a vendor other than the Orange County Humane Society. $
Total Estimated Annual Price $
pi
43 ATTACHMENT
44 ATTACHMENT 3
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.
45 ATTACHMENT 3
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45 ATTACHMENT 3
46 ATTACHMENT 3
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."