HomeMy WebLinkAboutRegents of the University of CA - Animal Shelter Evaluation - 2012UCD13-Q0801
ANIMAL SHELTER EVALUATION
AGREEMENT
(City of Fresno)
THIS AGREEMENT FOR ANIMAL SHELTER EVALUATION is effective as of the date last
signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,a
California educational corporation (University),acting on behalf of its Davis campus School of
Veterinary Medicine's Koret Shelter Medicine Program (Koret Program),and the CITY OF
FRESNO,a California municipal corporation (City).
WHEREAS,the Koret Program has been established and is maintained to support University's
pursuit of its constitutional objectives of instruction,research, and public service; and
WHEREAS,the services of the Koret Program may be extended to non-University users only
when,in the sole judgment of University,'such action wiIl serve purposes consistent with
University's objectives and wiIl not adversely affect the conduct of University activities; and .
WHEREAS,the University has determined that providing City with the services described in this
agreement on the terms set forth below is consistent with University objectives and wiIl not
adversely affect the conduct of other University activities;and
WHEREAS,City has determined that the services in question cannot be adequately performed
by other agencies or commercial firms;
NOW,THEREFORE,University agrees to furnish to City certain services of the Koret Program,
on the terms and conditions contained in this agreement: City)agrees that no other terms and
conditions,including those of any purchase order issued by the-City, shall apply unless explicitly
.incorporated herein.
I.Services Provided.The services of the Koret Program that shall be furnished to City are fully
.itemized in that certain document entitled Scope of Consultation,attached to this document and
.by this reference made a part of this agreement as "Attachment A."Additional work will be
performed only if agreed to in advance by written amendment.
2.Tenn;Timeline .•The term of this agreement shall be from the date of the last execution below
through December 31, 2012. The timeline for the various components of the consultation shall
be as set forth in that certain document entitled Consultation Timeline,attached to this document
.and by this reference made a part of this agreement as "Attachment B."
3.Termination,This agreement may be terminated for cause by either party upon ten (10) days
advance written notice to the other party following such party's failure to cure the breach within
20 days foIlowing notice by the other party -ofsaid breach.This agreement may be terminated
without cause by either party upon ten (10) days advance written notice to University.
4.Amendment.This agreement may be amended at any time but only upon the signed,Written
',.agreement of the parties .
•
5. Compensation. City agrees to pay The Koret Program for services provided in accordance
with the terms set forth in that certain document entitled Fees,Costs,Invoicing.Payment,
attached to this document and by this reference made a part of this agreement as "Attachment
C."The parties may modify this agreement to increase or decrease the Scope of Consultation or
provide for the rendition of services not required by this agreement, which modification shall
include an adjustment to University's compensation. Any change in such Scope must be made
by written amendmentto the agreement signed by an authorized representative for each party.
University shall not be entitled to any additional compensation if services are performed prior to
a signed written amendment.
6. Disclaimer of Warranty and Professional Standard.
6.1. Disclaimer. UNIVERSITY MAKES NO WARRANTY AS TO RESULTS TO BE
OBTAINED BY CITY FROM the SERVICES PROVIDED BY UNIVERSITY UNDER
THIS AGREEMENT. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE.
6.2. Professional Standard.Notwithstanding paragraph 6.1, above, it is further mutually
understood and agreed by and between the parties hereto that inasmuch as University
represents to City that University and its subcontractors,if any, are skilled in the
profession and shall perform in accordance with the standards of said profession
necessary to perform the services agreed to be done by it under this agreement, City relies
upon the skill of University and any subcontractors to do and perform such services in a
skillful manner and University agrees to thus perform the services and require the same
of any subcontractors. Therefore, any acceptance of such services by City shall 'not
operate as a release of University or any subcontractors from said professional standards. ,
6.3. '
7. Indemnification.
7.1. By City. City shall indemnify, defend, and hold harmless University, its officers,
employees, students, and agents, from and against any and all liability, loss, expense,
attorneys' fees, or claims for injury or damages arising out of or in connection with the
activities arising from this agreement, but only in proportion to and to the extent such
liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or
result from the negligent or intentional acts or omissions of City, its officials, officers,
agents,volunteers or employees; provided nothing herein shall constitute a waiver by
City of governmental immunities including California Government Code section 810 et
seq ..
7.2. By University. University shall defend, indemnify, and hold harmless City, its
officials, officers, employees, volunteers and agents, from and against any and all
liability, loss, expense, attorneys' fees, or claims for injury or damages arising out of or in
connection with the activities arising from this agreement, but only in proportion to and
to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages
are caused by or result from the negligent or intentional acts or omissions of University,
its officers, agents, students or employees.
The City of Fresno Animal Shelter Evaluation
UCD13-00801
page 2 of7
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7.3. University agrees that this agreement shall in no way act to abrogate or waive any
immunities available to Cityunder the Tort Claims Act of the Stateof California.
7.4.'Survival. This section shall survive expiration or termination of this Agreement.
8. Insurance. Each party warrants that it shall maintain, during the term hereof, policies of
insurance or programs of self insurance containing the coverages and minimum limits described
in the following subsections. Such coverages shall provide for thirty (30) days advance written
notice to the other party of any policy modification, change, or cancellation. The coverages
described in subsections 9.1. and 9.2. must name the other party as an additional insured (or
other covered party in the case of self-insurance) and shall apply in proportion to and to the
extent of the negligent acts or omissions of the mimed insured party or any person or persons
Under the named insured party's direct supervision and control. Each party shall provide the
otherparty with a certificate of insurance evidencing the insurance requirements.
8.1. General Liability: Comprehensive or commercial form general liability.If this
coverage is written on a claims made form, it shall continue for three (3) years following
termination of the agreement.The coverage shall provide for a retroactive date of
placement prior to or coinciding with the effective date of the agreement.'
a. each occurrence $1,000,000
b. products/completed operations aggregate $1,000,000
c. personal and advertising injury ,$1,000,000
d. general aggregate $2,000,000
8.2, Business Automobile Liability: Business automobile liability for
owned, scheduled, non-owned, or hired automobiles with a combined
single limit of not less than, per occurrence:$1,000,000
8.3. Workers' Compensation in accordance with California law and containing a waiver
of subrogation as to the other party and each of its officers, officials, agents, employees
and volunteers.
9. Confidentiality ofInformation.University shall use its best efforts, consistent with applicable
,law and its established policies and procedures, to protect the confidentiality of any information
furnished to it by City in connection with this agreement and designated by City, in writing, as
confidential.The City agrees, however, that University shall have no obligation to comply with
any such request of the City. This section shall survive expiration or termination of this
Agreement.
10. Document Ownership and University's Right to Use Data. Any and all final writings and
documents prepared or provided by University pursuant to this agreement are the' property of
City at the time of preparation and shall be turned over to City upon expiration or termination of
the agreement. University grants City a, copyright license to use such final writings and
documents. University shall have the unrestricted right to use for its own purposes, including
publication, any data or information which it may develop in connection with or as a result of
performing services pursuant to this agreement.'
The City of Fresno Animal Shelter Evaluation
UCD13-Q0801
page 3 of7
II.Use of Other Party's Name.Neither party shall use any name,servicemark or trademark of
the other party in any form or manner in advertisements,reports,or other information released to
the public without the prior written approval of the other party.
12.ContractorRelationship of the Parties.The actions of the parties shall at all times be
consistent with the parties being independent contractors as to each other.It is not the intention
of either party to be considered,for any purpose,the employee,agent,representative,or sponsor
of the other in their relationship under this agreement..
This agreement does not evidence a partnership or joint venture between University and
City.Neither party shall have any authority to bind the other party absent the other
party's express written consent.
13.Notice.Any notice,request,or inquiry regarding the provisions of this agreement,its
termination,or similar matters shall be directed to the appropriate party at the address indicated.
City's correspondence or inquiries regarding the substance and progress of work to be performed
under this agreement or bills for services provided should be directed to the Koret Program.
UNIVERSITY Citv
Michael Bannasch Bruce Rudd,Assistant City Manager
c/o Koret Shelter Medicine Program City of Fresno
Department of Veterinary Medicine 2600 Fresno Street
University of California Fresno,CA 93721
One Shields Avenue
Davis,CA 95616
telephone:530-752-1052
e-mail:mjbannasch@ucdavis.edu
telephone:559-621-7770
e-mail:bruce.rudd@fresno.gov
14.Whole Agreement.This agreement constitutes the entire understanding of the parties
respecting the subject matter hereof and supersedes any prior understanding or agreement
between them,written or oral,regarding the same subject matter.
15.References.All references made in this agreement to sections,subsections,paragraphs,
subparagraphs,or other locations shall refer to this document,exclusive of incorporated
materials,unless otherwise specifically stated and identified.Section and subsection headings
are solely for the convenience of the reader and are not to be substantively construed.'
·16.Ambiguities.Each party .has participated fully in the review and revision"of this
agreement.Any rule of construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in interpreting this agreement.The language in this agreement
'.shall be interpreted as to its fair meaning and not strictly for or against any party.
17.Attorneys'Fees.If any action at law or equity is brought to enforce or interpret the terms of .
this Agreement,including collection of delinquent payment,the prevailing party shall be entitled
to reasonable attorney's fees,costs and necessary disbursements in addition to any other relief to
which it may be entitled..
The City of Fresno Animal Sheller Evaluation
UCDl3-00801
page 4 of?
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18. Force Majeure. Neither party shall be liable to the other for a failureor delay of performance
hereunder due to acts of nature, including, but not limited to, earthquakes, flood, or storm,
governmental action, war, terrorism, insurrection, fire, labor conditions,or any other cause
beyond the reasonablecontrol of such party.
19. Governing Law and Venue. This agreement shall be governed by, and construed and
enforced in accordancewith,the laws of the State of California,excluding,however, any conflict
of laws rule which wouldapplythe law of anotherjurisdiction.
20. Severability. The provisions of this agreement are severable. 'The invalidity, or
unenforceability of anyone provisionin this agreementshall not affectthe otherprovisions.
21. Nondiscrimination. To the extent required by controlling federal, state and local law,
University shall not employdiscriminatorypractices in the provisionof services, employment of
personnel, or in any other respect on the basis of race, religious creed, color, national origin,
ancestry, physical disability,mental disability,medical condition,marital status,sex,age, sexual
orientation, ethnicity,status as a disabledveteran or veteran of the Vietnamera.
22. Conflict of InterestandNon-Solicitation.
23.1. Prior to City's execution of this agreement, University shall complete a City of
Fresno Conflict of Interest Disclosure Statementui the form attached to this document
and by this reference made a part of this agreement as set forth in "Attachment D."
During the term of this agreement, University shall have the obligation and duty to
immediately notify City in writing of any change to the information provided by
University in suchstatement.
23.2. University shall Comply with all applicable (i)professional canons and
.requirements governingavoidance of impermissibleclient conflicts; and (ii) federal, state
and local conflict of interest laws and regulations including,without limitation, California
Government Code Section 1090 et. seq., the California Political Reform Act (California
Government Code Section 87100 et. seq.) and the regulations of the Fair Political
Practices Commission concerning disclosure and disqualification (2 California Code of
,Regulations Section 18700 et. seq.). Upon discovery of any facts giving rise to the
appearance of a conflict of interest, University shall immediately notify City of these
facts in writing.
23. Maintenance of Records. Records of University's expenses pertaining to this agreement
,shall be kept on a generally recognized accounting basis and shall be available to City or its
authorized representatives upon request during regular business hours throughout the life of this
agreement and'for a period .of three years after finai payment or,if longer, for any period
required by,law. In addition, all books, documents;papers, and records of University pertaining
to this agreement shall be availablefor the purpose of making audits, examinations,excerpts, and
transcriptions for the same period of time.If any litigation, claim, negotiations, audit or other
action is commenced before the expiration of said time period, all records shall be retained and
'made available to City until such action is resolved, or until the end of said time period
,The City of Fresno Animal Shelter Evaiuation
,UCDl3-0080l
page 5 of7 '
whichevershall later occur.If University should subcontract all or any portion of the services to
be performed under this agreement, University shall cause each subcontractor to also comply
with the requirements of this section. This section shall survive expiration or termination of this
agreement.
24. Binding and Assignment.
25.1. Subject to paragraphs 25.2 and 25.3, below, once this agreement is signed by all
parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants, employees and
representatives.
25.2. This agreement is personal to University and there shall be no assignment by
University of its rights or obligations under this agreement without the prior written
approval of the City Manager or his/her designee. Any attempted assignment by
University, its successors or assigns, shall be null and void unless approved in writing by
the City Mim~er or hislher designee..
25.3. University hereby agrees not to assign the payment of any monies due University
from City under the terms of this agreement to any other individual(s), corporation(s) or
entity(ies). City retains the right to pay any and all monies due University directly to
University..
25. Compliance With Law.In providing the services required under this agreement, University
shall at all times comply with all applicable laws of the United States, the State of California and
City, and with all applicable regulations promi.llgated by federal, state, regional, or local
administrative and regulatory agencies, now in force and as they may be enacted, issued;. or
amended during the term of this agreement.
. 26. Waiver. The waiver by either party of a breach by the other of any provision of this
agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either
the same or a different provision of this agreement. No provisions of this agreement may be
waived unless in writing and signed by all parties to this agreement. Waiver of anyone'
provision herein shall not be deemed to be a waiver of any other provision herein.
27. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall,
wherever possible, be cumulative with all other remedies at law or in equity.
28. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this
agreement are intended for the specific parties hereto as identified in the preamble of this
agreement.Notwithstanding anything stated to the yontrary in this agreement, it is not intended
that any rights or interests in this agreement benefit or flow to the interest of any third parties.
1/1
III
The City of Fresno Animal Shelter Evaluation
ucn 13-0080 I
page 6 of7
IN WITNESS WHEREOF, the parties have executed this agreement on the dates set forth below.
CITY OF FRESNO,
a California municipal corporation
bya:~,.
.Bruce Rudd,Assistant City Manager
date:ff4;/!:z.-
THE REGENTS OF THE UNIVERSITY
~CA~I~ORNIA,a calif21 educational
bymn~K-cL.-
DeboraJlF¥ecker
Associate Director, Contracting
Services,~C 'is
.date:~$~.>_
Attachments:
Attachment A -Scope ofConsultation
Attachment B -Consultation Timeline
.Attachment C -Fees, Costs, Invoicing,Payment
Attachment D -Conflict ofInterest Disclosure Statement
The City of Fresno Animal Shelter Evaluation
UCD13-00801
page 7 of7
Attachment D
CONFLICT OF INTEREST DISCLOSURE STATEMENT
Animal Shelter Evaluation
PROJECT TITLE
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its 0 01agents?
u2 Do you represent any firm, organization or person who is in 0 Lflitigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do 0 jJbusinesswith the City of Fresno?
4 Are you or any of.your principals, managers or professionals,vowners or investors in a business which does business with the OJ 0City of Fresno, or in a business which is in litigation with the City of
Fresno?
5 Are you or any of your principals, managers or professionals,
.:v~
related by blood or marriage to any City of Fresno employee who ~0hasanysignificant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any /0interest,.direct or indirect, in any other contract in connection with 0.this Profect?..
• If the answer to any question is yes, please explain infull below.
Explanation:_
..0 Additional page(s) attached.
Deborah Fraga-Decker
(name)
UC Davis
{company}
One ShieldsAvenue
(address)
.Davis. CA 95616
(city state zip)
:I.H.fp1ngsmrtre,.Help AnlmcI,
~KO RET
SHELTER
.",MEDICINE
.PROGRAM
Attachment A:Scope of Services City of Fresno Agreement
Intake,outcome by month for three years (2009 -present)
Analyze this data to help develop an understanding of the past and current trends of the shelter
population and predict current and future needs for care and housing;identify areas for potential
savingsand improvement,including reduction of intake and increase in positive outcomes.Compare
data and trends to other california community data.
Intake and outcome condition/subcategories
Analyze this data (to the extent available)to evaluate the past and current success of the program in
maintaining animal health and attaining optimal outcomes.
Length of stay to outcome
Analyze this data combined with intake and outcome data to determine housing requirements for
sub-populations (e.g. stray versus ownersurrendered animals, dogsversuscats, puppies versus'
kittens)and identify potential strategies to decrease the length of stay (LOS),which decreases
housing requirements and costs.
Number and type of field calls
Analyze this data to determine the scope of field services that are occurring in Fresno and staffing
levels needed to respond to the field calls.
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Budget information for past and current contract
Analyze the budget compared to activitles to determine if expenditures are cost efficient and
whether there are opportunities for additional revenues.
Stakeholder and community resource overview
Gather information regarding resources in Fresno that can playa role in meeting the animal
control/sheltering needs of the community,in order to tailor recommendations regarding an
appropriate and efficient role for the city/county.
Stakeholder input
,Gather community stakeholder input related to the operation of a new program and/or modification,
of the existing program (and/or review stakeholder input that hasalready been gathered,if
available);determine community priorities and values.'
Other task force findings,meeting minutes if available
Review minutes and efforts of the advisory committee/task force if available
'County/city 'animal control ordinances
Review the ordinances for consistency with contract and current practices and recommending'
changes for effective and efficient improvements for future operations.
Current contract
Review the current contract between the Fresno city/county and CCSPCA to understand what
services have been provided by the CCSPCA.
August 20, 2012 Attachment A Page 1
RFP
Attachment A:Scope of Services City of Fresno Agreement
Reviewthe RFP to have an understanding of what the city/county hopes to find in a vendor.
Proposals
Review all submitted RFP proposals to determine if there is a qualified vendor to provide services.
CCSPCA and field services
Observe the day to day activities and evaluate current practices and facility issuesat the CCSPCA and
field services.The focus of this visit will be on "big picture"practices that directly impact daily
population levels, costs and risk for euthanasia. The goal will be to identify areas for possible
improvement (reduction in euthanasia); areas for possible reduction in costs; and identify possible
strategies for handling various aspects of the contract should a continued relationship with the
CCSPCA be desired/possible.A detailed follow up visit to review specific practices (suchascleaning,
feeding, and veterinary services) could be scheduled at a later date.
~(ij~:~~[~i!§t~~~~!!~~i1~'~~isrpil(qntf~~iti~~i~~'~:~~\::~·~·'~;;::~W0gis~~g~).W~5tf~~Jil~1~-~-~:;f1r~l.::·~~tNi.}~~~Ji.:~f{~~,~~:~i:1W~lt~~~~}i~~~~·1~;;~:~jl
With CCSPCA leadership and County/City
Prepare preliminary recommendations for possible solutions,hold private discussions asneeded with
.CCSPCA leadership and County/City officials,facilitate round table discussion and provide real time
feedback and follow up recommendations based on consensus discussion
With CCSPCA,County/City,and rescue group stakeholders
As above,including rescue group stakeholders to facilitate solution-oriented discussion to resolve
short term needs and develop long term plan for community animal control and sheltering program
~Ho~.k~lgp_?R~i-~i;,cif,:ffl~~~~~ifc!~I~t~,~l?#ffi~~;.f,~r~~~_~j~~::pr~yj_~,~~~~fJli~¥~~y!~r~%~£ft,t~t;:1~ifif~~j~t~1~~~lb~~&~~~~~~~~~
Review current measurable outcomes
To.determine value and recommend new or additional desired outcomes from stakeholders'input.
(What are people most interested in -what is valuable to each group to determine what outcomes
should be)
.Evaluate capability of shelter software to generate data for additional outcome measurement·
Evaluate current shelter software and how to run reports to extract data for use.Development of
reports to get data if needed.
Recommend best practices for measurable outcomes,including specific requirements for data entry and
output
Develop a plan for data integrity for future operations/vendor to track shelter outcomes
0.;~~~~!Ir9~r91il~·~~uu~~~~_~~tf]·E~~!li1fm:~!mti~(~~·.n.if~llr!9H~f!l~%~Wi~f~t~~DRhF~~¥~:Kt:j~~0j\~~~~1rt{~t~~'~1~~i?1D~[~~~~~~
Task force
City couneil
County Board of Supervisors
Prepare brief written reports and/or powerpoint presentations summarizing the current status of animal .
control and sheltering,including private resources and public obligations,and recommendations for short,
medium and long term solutions.
August 20,2012 Attachment A Page 2
~~veDA".'<.~VETERINARY MEDICINE
.ATTACHMENT B
(The City of Fresno Animal Shelter)
Consultation Timeline
August 22,2012:Data Collection and Analysis begins
September 2012: Site visit,Information and Document review
October 2012: Roundtable meeting and development of measurable outcomes
November -December:.2012 Education of elected official on animal control priorities.
~~KO 'ET
.-.~'\SHElTER'Ill J MEDICINE
,)PROGRAM
City of Fresno
ATTACHMENTC
(The City of Fresno)
Fees,Costs,Invoicing,Payment
August 20, 2012
1.Professional Fees. The professional fees charged by the University are at the following rates:
1.1.Preparation and follow-up $150.00 per hour
1.2. On site evaluation $750.00 per day of consultant person time
2.Travel Expense.The University will charge its actual,out-of-pocket costs for transportation,lodging,meals,and
miscellaneous travel expenses.
3.Invoicing and Payment.
3.1.Invoicing.The University will invoice on a the 1st of the month in arrears for work
completed during the prior month.
3.2.Payment.All invoices shall be paid within thirty (30) days of invoice date.
4.Additional Details.
4.1.Evaluation Team (size).It shall be within the University's sole discretion to determine the
minimum size and professional make-up of the evaluation team required to adequately provide the
services described in Attachment A.Among the factors considered are the number of
programmatic areas to be evaluated,the number of species included,and the number of facilities
evaluated.
4.2.University Mission.Where beneficial to the University's mission of teaching,research,and
public service,additional personnel,environmental sampling,and analysis may be provided at no
extra charge.Provision of such additional personnel and services shall be in the sole discretion of
University.
4.3.Consultant Day. The term "Consultant Day"as used in the itemization on page 2 of this
attachment shall mean the maximum unit of time,measured in working days,that it will take the
University to adequately evaluate the aspect of the shelter described.(For example,to adequately
evaluate the shelter's population management,it will take one consultant a maximum of three
days; two consultants a maximum of }·1/2 days; or three consultants a maximum of}day.)
4.4. The not-to-exceed cost of the consultation described by this agreement is as set forth on page
2 of this attachm
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Attachment D -
CONFLICT OF INTEREST DISCLOSURE STATEMENT
-Animal Shelter Evaluation
PROJECT TITLE
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its 0 0
agents?<l _.
_.....''''
u2 Do you represent any firm,organization or -person who is in 0 0
litigation with the City of Fresno?I.__L
-,'"
3 Do you currently represent or perform work for any clients who do 0 0
business with the City of Fresno?-..~,.,
4 Are you or any of your principals,managers or professionals,
owners or investors in a business which does business with the 0 0City of Fresno, or in a business which is ln litigation with the City of
Fresno?.,~,-.,....
5 Are you or any of your principals,managers or professionals,
related by blood or marriage to any City of Fresno employee who 0 0has any significant role in the subject matter of this service?I -..""'.....
6 Do you or any of your subcontractors have, or expect to have, any
interest,direct or indirect, in any other contract in connection with 0 g/
this Project?
*If the answer to any question is yes, please explain in full below.
Explanation:_
o Additional page(s)attached.
Signature
Date
Deborah Fraga-Decker
(name)
UC Davis
(company)
One Shields Avenue
(address)
Davis, CA 95616
(city state zip)