HomeMy WebLinkAbout2008/06/10 Item 4
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL
AGENDA STATEMENT
6/10/08, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL SELECTION PROCESS
AND APPROVING AGREEMENTS WITH DR. BISCHEL, DVM
FOR PROVISION OF A VETERINARY PREMISE PERMIT AND
VETERINARY SERVICES AND WITH DR. JIANNUZZI, DVM
FOR ON-SITE VETERINARY SERVICES AT THE CHULA VISTA
ANIMAL CARE FACILITY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENTS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008
BUDGET BY TRANSFERRING $142,800 FROM
UNANTICIPATED ANIMAL CARE FACILITY PERSONNEL
SALARY SAVINGS TO SERVICES AND SUPPLIES FOR
CONTRACTUAL VETERINARIAN SERVICES
DIRECTOR OF PUBLIC WORKS' ~
W
CITY MANAGER
ASSISTANT CITY MANAGER
4/5 HS VOTE: YES C8J NO 0
SUMMARY
Adoption of the first resolution approves an agreement with Dr. Kendra Jiannuzzi for the
provision of on-site Monday through Friday veterinary services and an agreement with Dr.
Ginny Bischel to provide the California Veterinary Premise Permit and facility management in
the absence of a permanent Animal Control Manager. The second resolution authorizes the
transfer of salary savings from the Animal Control Manager's vacant position to offset
veterinarian expenditures in the amount of $142,800 to be incurred December 28, 2007 through
June 30, 2008.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that there is no possibility
that the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
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RECOMMENDATION
Council adopt both resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On December 28,2007, the City's Animal Control Manager, Dr. Dorothy York DVM, elected to
participate in the City's early retirement program leaving the Animal Care Facility with no
California licensed veterinary doctor who would agree to place his/her name on the City's
Veterinary Premise PerDIit.
A Veterinary Premise PerDIit is required by the State of California in order for the City to
continue to operate the Animal Care Facility and provide basic medical services to the animals at
the shelter. In order to secure such a perOIit, a licensed veterinarian needs to place their name
and license on our perDIit. Since Dr. York was a licensed veterinarian, she was on the City's
perDIit. With her departure, the City needed to find a veterinarian who would be willing to place
their name and license on the p=it.
While Dr. York was employed with the City, there were a number of relief veterinarians who
came into the facility and provided medical services on an hourly basis. Staff attempted to
ascertain whether any of these veterinarians would be willing to license our facility without
success. During the week prior to Christmas, Dr. Ginny Bischel, DVM, approached the City and
offered to license the facility and assist staff in reviewing the operations of the facility as well as
finding a perDIanent 10ng-terDI solution for the provision of veterinarian services and a premise
perDIit. Dr. Bischel operates a private veterinary facility in the Eastlake Village shopping center
at the intersection of Otay Lakes Road and Eastlake Parkway. She has over 14 years of
municipal shelter experience as a previous employee of the County of San Diego and has
supported the Chula Vista Animal Care Facility for over 10 years.
Dr. Bischel was tasked with the responsibility of finding a 10ng-terDI solution for the provision of
veterinary care and a premise perDIit for the Animal Care Facility. After months of evaluating
various alternatives including: continuing to retain hourly relief veterinary services, contracting
veterinarian services to private veterinarians, outsourcing services to local veterinary practices
and creating a full-time City veterinary position, staff and Dr. Bischel are recommending an
agreement for on-site Monday through Friday veterinary services including the option to provide
the Veterinary Premise PerDIit with Dr. Jiannuzzi. Staff hopes to transfer the Veterinary Premise
PerDIit during the course of Dr. Jiannuzzj's agreement. Until such time as the Veterinary Premise
PerDIit is transferred to Dr. Jiannuzzi and a p=anent Animal Control Manager is hired, it is
proposed that Dr. Bischel continue to license the facility and assist in the management of the
facility.
The State of California requires all municipal shelters to retain a Veterinary Premise PerDIit.
Difficulties finding a veterinarian that will place his/her name on the premise are not unique to
Chula Vista. The State Veterinarian Board has indicated that many municipalities have elected
to contract these services out in order to comply with the State regulations.
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6/10/08, ItemL
Page 3 of6
After an extensive search for a permanent solution for on-site veterinarian services, staff has
negotiated a reasonable responsible agreement for veterinarian services including the retention of
a Veterinary Premise Permit. The first resolution authorizes the agreement with Dr. Jiannuzzi
for the provision of on-site Monday through Friday veterinary services and an agreement with
Dr. Bischel's to provide the Veterinary Premise Permit and facility management in the absence
of a permanent Animal Controll Manager. Both Dr. Bischel and Dr. Jiannuzzi have been
instrumental in managing the veterinarian care at the Animal Care Facility since Dr. York's
departure. The quality and consistency of service delivery has improved significantly as a result
of their efforts.
The agreement for Dr. Jiannuzzi becomes effective July 1, 2008 and may be extended on an
annual basis for up to 3 years upon mutual consent. The agreement with Dr. Bischel becomes
effective July 1, 2008 through December 31, 2008 with an option to terminate or extend
contingent on the transfer of the Veterinary Premise Permit to Dr. Jiannuzzi.
The second resolution authorizes the transfer of salary savings from the Animal Control Manager
vacant position to offset veterinarian expenditures in the amount of $142,800 to be incurred
December 28,2007 through June 30, 2008. Dr. Bischel and Dr. Jiannuzzi are providing current
veterinarian services on a contractual basis.
Al!reements
Staff is recommending approving agreements with Dr. Bischel and Dr. Jiannuzzi based on the
following findings:
. The six hourly relief veterinarians on City payroll and contacted by City staff have
declined to provide full-time veterinarian services and retain a Veterinary Premise
Permit.
. Staff and Dr. Bischel have contacted over a dozen veterinarians using the Veterinarian
Association Intercom system to retain the services of a full time veterinarian who have
declined to provide the services and license the facility.
. Local privately owned veterinarian businesses in Chula Vista have declined to provide
the services beginning July 1, 2008.
. Other veterinarians are willing to provide services on a daily rate basis, but have declined
to retain the California Veterinary Premise Permit due to the potential liability involved
with the use of their private license for a municipal facility, which must take in all strays.
. Dr. Bischel followed up on over a dozen leads and interviewed various interested
veterinarians which did not meet minimum qualifications and service requirements.
. The cost of retaining a full-time veterinarian as City staff is not cost effective. The
market rate for a veterinarian is $75 an hour. Step E of the City Veterinarian
classification is $53 an hour.
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6/10/08, Item~
Page 4 of 6
. Staff has negotiated a reasonable responsible bid for on-site veterinarian services with
both Dr. Bischel and Dr. Jiannuzzi including retention of a Veterinary Premise Permit.
. These proposed agreements enable the City to retain a Doctor of Veterinary Medicine
from 8 am to 5 pm Monday through Friday and on Saturdays for special veterinarian
vaccine clinics to be held periodically throughout the year, excluding holidays observed
by the City ofChula Vista.
. The combination of Dr. Bischel and Dr. Jiannuzzi will enable the City to provide services
in accordance with State and Federal Drug Enforcement Agency regulations related to the
care and treatment of animals.
. Dr. Bischel will continue to assist in the administration of the Animal Care Facility until
such time as a full time Animal Control Manager is hired and Dr. Jiannuzzi is ready to
retain the Veterinary Premise P=it. The recruitment for the manager position is
currently open.
. Dr. Bischel will assist in the training of Animal Care Facility employees as required by
providing ongoing education materials and demonstration of appropriate medical
procedures including, but not limited to euthanasia certification and sedation of animals.
Cost of Fiscal Year 2008/09 A!!reement- Dr. Jiannuzzi
Dr. Jiannuzzi has agreed to provide the required on-site veterinarian services for a daily rate of
$500; an estimated annual cost of $117,500 for 235 workdays. The agreement also provides for
an additional $100 per day in compensation upon the transfer of the Veterinary Premise Permit
and responsibilities from Dr. Bischel to Dr. Jiannuzzi. Based on a $600 daily rate, the estimated
annual cost is $144,000 to provide both the on-site Monday through Friday veterinary services
and retain the Veterinary Premise Permit. Dr. Jiannuzzi has been working at the Animal Care
Facility since February 5, 2008.
Staff estimates that the cost of retaining a full-time veterinarian plus vacation and sick leave
coverage would cost in excess of$198,750 based on the daily rate of$650.
Term of A!!reement
The term of the agreement is for a one-year period with the option to administratively extend on
an annual basis for up to an additional 3 years. The agreement requires the contract veterinarian
to provide a 90-day advance notice before the effective date of termination. The 90-day period is
required to give the City a transitional period to secure veterinary services. The initial one-year
agreement period will give both the City and Contract Veterinarian the opportunity to evaluate
the effectiveness of the agreement and make necessary adjustments.
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Cost of A2reement - Dr. Bischel
Dr. Bischel has agreed to continue to assume the responsibility and retain the Veterinary Premise
Permit until such time as Dr. Jiannuzzi is ready to assume the responsibility and a permanent
Animal Control Manager is hired. The cost to retain the Veterinary Premise Permit and Dr.
Bischel's services on a part-time basis (20 hours per week) is $24,000 every 3 months.
Significant progress has been made to ensure compliance with State and Drug Enforcement
Agency regulations that govern the care of animals at the facility. All related medical inventory
controls and systems have been implemented. Dr. Bischel has been instrumental in developing
medical protocols, training medical and kennel staff and establishing medical policies and
procedures related to the care of the animals. Of paramount importance, Dr. Bischel has
improved the overall health and welfare of animals by eliminating cross contamination. Prior to
Dr. Bischel's arrival, 80% of all cats at the facility had mild to moderate clinical signs of upper
respiratory infection. Shelter animals currently receive a medical exam upon intake, before
sterilization surgery and adoption. Additionally, Dr. Jiannuzzi and a Registered Veterinary
Technician conduct two treatment rotations through the kennels on a daily basis. Combined with
the completion of the medical treatment and isolation room, it is estimated that cross
contamination will be eliminated. Cats are being tested for FEL V /FIV infection prior to
adoption. Appropriate cleaning and disinfecting products are also now used to maintain the
facility and its grounds. Animal Care Assistants (kennel staff) have been trained in the proper
use of products, medical treatments and euthanasia.
Prior to Dr. Bischel's arrival, the focus at the facility was solely on spaying and neutering
animals prior to adoption. Often the animals were returned to the facility within the 14-day
return policy due to illness. Due to the continuous workload and competing priorities, the lesson
learned is that the administration of the facility and the veterinary care of animals is best
accomplished by two separate positions. The City Manager has approved the hiring of an
Animal Control Manager at the senior management level in addition to the proposed contractual
on-site Veterinarian position.
Scooe of Work
Dr. Bischel's assistance is needed while we transition to the new structure and Dr. Jiannuzzi
assumes responsibility for the premise permit. During this time period, Dr. Bischel's focus will
be to:
. Review and implement a customer friendly adoption process from beginning to end; and
. Implement a policy and procedures manual for other aspects of shelter operations, the
business office, adoptions, volunteer, rescue and foster programs and field operations;
and
. Assist Interim Animal Care Facility Supervisor in the daily operations of the Animal
Care Facility; and
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6/10/08, ItemL
Page 6 of6
· Train the new Registered Veterinary Technician and on-site veterinarian Dr. Jiannuzzi
on shelter medicine and protocols; and
. Provide veterinarian relief as needed; and
· Assist in the hiring of an Animal Care Facility Manager.
Dr. Jiannuzzi has expressed willingness to license the facility when these tasks have been
accomplished.
Interim Veterinarv Services
A transfer of $142,800 from salary saving associated with vacancies at the Animal Care Facility
is required to pay for veterinarian expenses to be incurred between December 28, 2007 and June
30, 2008 for this fiscal year. In an effort to comply with State and Federal regulations related to
the care, spaying and neutering of animals at the Chula Vista Animal Care Facility, several on-
site veterinarians and agreements with local veterinarians including Dr. Bischel and Dr.
Jiannuzzi had to be retained after Dr. York's departure. A summary of vendors and services
rendered is attached.
DECISION MAKER CONFLICT
Staffhas reviewed the property holdings of the City Council and has found no property holdings
within 500 feet ofthe boundaries of the property, which is the subject of this action.
FISCAL IMPACT
The annual Fiscal Year 2008/09 cost of the agreement with Dr. Jiannuzzi is $117, 500 without
the license and $144,000 with the license, which is partially offset by the deletion of the hourly
veterinarian budget. The cost for Dr. Bischel's contract is $24,000 for every 3 months.
Sufficient funds are budgeted in the Fiscal Year 2008/09 budget to pay for contractual
veterinarian services.
The cost of interim veterinary services from December 28, 2007 through June 30, 2008 is
estimated at $142,800. Staff is recommending the funds be transferred from the current year
Animal Care Facility salary savings associated with the Animal Control Manager's position and
the previously vacant Registered Veterinary Technician resulting in no impact to the General
Fund.
ATTACHMENTS
Summary of Vendors and Services
Prepared by: Iracsema Qui/antan, Deputy Director, Engineering and General Services Department
M:IGeneral ServiceslGS AdministrationlCounci/ AgendalACFIFY08\Vet contracts All 36-1 0-08REV2.doc
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Vet Services Cost Estimate
December 29, 2008 thru June 30, 2008
Req"d
Purchase Add'tl
Order Funds thru
Purchase Original AmQunt Balance 6-30-08 Purchase
Vendor Description of Services Order IPOl Amount Paid 5/15/08 IEstimatel . Order Total
Eastlake VillaQe Veterinarv / Dr. Ginnv Bischel Consultant Services P35202 $ 22,500 $ 22,500 $ - $ 25,000 $ 47,500
Eastlake VillaQe Veterinary OutsourcinQ Soav/Neuter P35169 $ 11,000 $ 9,640 $ 1,360 - $ 11,000
Michelle Gilbertson, DMV Veterinarv Services P35218 $ 14,775 $ 13,475 $ 1,300 $ - $ 14,775
Kendra Jiannuzzi, DMV Veterinary Services P35494 $ 49,225 $ 29,400 $ 19,825 $ - $ 49,225
South Bav Veterinary Hospital OutsourcinQ Soav/Neuter P35278 $ 3,000 $ 1,885 $ 1,115 $ 3,000
TeleQraoh Canyon AMC OutsourcinQ Spay/Neuter P35280 $ 6,000 $ 4,590 $ 1,410 - $ 6,000
PelEmerQencv & Specialty Center South Countv Emeraencv Services P35283 $ 500 $ 391 $ 109 $ 500 $ 1,000
VOA Ememencv Animal Hosoital & Referral Center EmerQencv Services P34602 $ 1,000 $ 675 $ 325 $ 300 $ 1,300
Soav Neuter Action Project (SNAP) OutsourcinQ Soav/Neuter P35528 $ 9,000 $ 4,500 $ 4,500 $ 9,000
Totals $ 117,000 $ 87,056 $ 25,800 $ 142,800
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RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL SELECTION
PROCESS AND APPROVING AGREEMENTS WITH DR.
BISCHEL, DVM FOR PROVISION OF A VETERINARY
PREMISE PERMIT AND VETERINARY SERVICES AND
WITH DR. JIANNUZZI, DVM FOR ON-SITE VETERINARY
SERVICES AT THE CHULA VISTA ANIMAL CARE
FACILITY AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENTS
WHEREAS, Dr. Dorothy York, DVM, the Animal Control Manager at the City's Animal
Care Facility ("Facility"), left City service on December 29,2007; and
WHEREAS, the State of California requires all municipal animal shelters to retain a
Veterinary Premise Permit; and
WHEREAS, the State Veterinarian Board has indicated that many municipalities have
elected to contract these services out in order to comply with the State regulations; and
WHEREAS, on December 29, 2007, the City entered into an agreement with Dr. Ginny
Bischel, DVM, in which Dr. Bischel agreed to place her name on the Veterinary Premise Permit
for the Facility, assist staff in reviewing the operations of the Facility, and find a permanent long-
term solution for the provision of veterinarian services and a Veterinary Premise Permit, among
other duties; and
WHEREAS, on February 7, 2008, the City entered into an agreement with Dr. Kendra A.
Jiannuzzi, DVM, in which Dr. Jiannuzzi agreed to provide veterinary services and treatment at
the Facility; and
WHEREAS, both agreements will expire on June 30, 2008; and
WHEREAS, staff suggests that the term of Dr. Jiannuzzi's agreement be for a one-year
period with the option extend the term for a three additional one-year terms upon approval of the
City Manager; and
WHEREAS, staff recommends the City Council waive the formal consultant selection
process outlined in Municipal Code section 2.56.110 for both Dr. Bischel and Dr. Jiannuzzi
because Dr. Bischel and Dr. Jiannuzzi have been providing excellent service to the Facility and
the scope of work for these agreements is a natural extension of their on-going work for the City,
making it impractical to solicit proposals.
H:\ENGINEER\RESOS\RcsoslOO8\06-IQ..08\Vet agreemcllts award revised by ec.doc
4-8
Resolution No. 2008-
Page 2
NOW, THEREFORE BE IT RESOLVED by the City Council of the City ofChula Vista
that it waives the formal selection process and approves agreements with Dr Bischel, DVM for
provision of a Veterinary Premise Permit and veterinary services and with Dr. Jiannuzzi, DVM
for on-site veterinary services at the Chula Vista Animal Care Facility and authorizes the City
Manager to execute the Agreements.
Presented by:
Approved as to form by:
Jack Griffin
Director of Public Works
I...-CR~. It- k ~ ~ j~
Ann Moore
City Attorney
H:\ENGINEER\RESOS\RCf01l2008\06-lo-08\Vel agreements award revised by ec.doc
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
(~~ !k-f~F
City Attorney ,
Dated: 6 ! '/! dY
Agreement between
City of Chula Vista
And
Dr. Ginny Bischel
4-10
P arti es and Recital P age( s)
Agreement between
City of Chula Vista
and
Dr. Ginny Bischel, DVM
for Veterinarian Care at the Chula Vista Animal Care Facility
This agreement (Agreement), dated July 1, 2008, for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such (City), whose business form is set forth on Exhibit A, Paragraph 3,
and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose
business form is set forth on Exhibit A, Paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A, Paragraph 6 (Consultant), and is made with
reference to the following facts:
Recitals
Whereas, City owns and operates the Chula Vista Animal Care Facility, a municipal
animal care facility (the "Facility"); and
Whereas, Dr. Dorothy York, DVM, the Animal Care Facility Manager retired on
December 29, 2007; and
Whereas, the State of California requires all municipal animal shelters to retain a
Veterinary Premise License; and
Whereas, upon Dr. York's retirement, the City needed to retain the services of a
licensed California vetellnary doctor and have that doctor agree to place his/her name on
the City's veterinary premise permit; and
Whereas, on December 29, 2007, the City entered into an agreement with Consultant
in which Consultant agreed to place her name on the State Veterinary Premise License
for the Facility, assist staff in reviewing the operations of the Facility, and find a
pemlanent long-term solution for the provision of veterinarian services and a premise
license, among other duties; and
Whereas, the term of that agreement expires on June 30, 2008; and
Whereas, Consultant warrants and represents that she is experienced and staffed in a
manner such that she can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of
this Agreement.
(End of Recitals. Next Page starts Obligatory Provisions.)
VA((lln,ey',ELlSA"AN1MAL CARE FAC1LITYIDr Biscbcl.",!!\rce'IlCnl)'1-5.0S W~-111
Obligatory Provisions Pages
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties," ConsUltant shall
also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of
Work and Schedule," not inconsistent with the General Duties, according to, and within
the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables
as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time
being of the essence of this agreement. The General Duties and the work and deliverables
required in the Scope of Work and Schedule shall be herein referred to as the "Defined
Services." Failure to complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce
the Defined Services to be performed by the Consultant under this Agreement. Upon
doing so, City and Consultant agree to meet in good faith and confer for the purpose of
negotiating a corresponding reduction in the compensation associated with said
reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
(Additional Services), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph IO(C), unless a
separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this Agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
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F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages
to property that may arise from or in connection with the performance of the work under
the contract and the results of that work by the Consultant, his agents, representatives,
employees or subcontractors and provide documentation of same prior to commencement
of work. The insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
(2) Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
(3) Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(4) Professional Liability or Errors & Omissions Liability insurance appropriate
to the Consultant's profession. Architects' and Engineers' coverage is to be
endorsed to include contractual liability.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as
applicable)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
ElTors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability insurance with a general aggregate limit is used,
either the general aggregate limit must apply separately to
this project/location or the general aggregate limit must be
twice the required occurrence limit.
$1,000,000 per accident for bodily mJury and property
damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$1,000,000 each occurrence
J "AtI1'11IcyIELISAIANIMAl. CARE FACILlT'fIOr aisellel A!lI'~I1ICl\l b.5-l1S <klc 4:;-1 3
. - )
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
City, At the option of the City, either the insurer will reduce or eliminate such deductibles
or self-insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the Consultant will provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's
compensation policies are to contain, or be endorsed to contain, the following provisions:
(l) The City of Chula Vista, its officers, officials, employees, agents, and
volunteers are to be named as additional insureds with respect to liability
arising out of automobiles owned, leased, hired or borrowed by or on behalf
of the Consultant, where applicable, and, with respect to liability arising out of
work or operations performed by or on behalf of the Consultant, including
providing materials, parts or equipment furnished in connection with such
work or operations. The general liability additional insured coverage must be
provided in the form of an endorsement to the contractor's insurance using
ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not
exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers, Any insurance or self-in'surance maintained by the City, its
officers, officials, employees, or volunteers is wholly separate from the
insurance of the contractor and in no way relieves the contractor from its
responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days'
prior written notice to the City by certified mail, return receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence
of the additional insured in any case where an agreement to indemnify the
additional insured would be invalid under Subdivision (b) of Section 2782 of
the Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage during the life of this contract.
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If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors &
Omissions coverage are written on a claims-made form:
(1) The "Retro Date" must be shown, and must be before the date of the contract
or the beginning of the contract work.
(2) Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract work.
(3) If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a "Retro Date" prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a minimum of
five (5) years after completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City for
revIew.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the
State of California with a current A.M. Best's rating of no less than A V. If insurance is
placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than
A X. Exception may be made for the State Compensation Fund when not specifically
rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should be on
insurance industry forms, provided those endorsements or policies conform to the
contract requirements. All certificates and endorsements are to be received and approved
by the City before work commences. The City reserves the right to require, at any time,
complete, certified copies of all required insurance policies, including endorsements
evidencing the coverage required by these specifications.
Subcontractors
Consultants must include aU subconsultants as insureds under its policies or furnish
separate certificates and endorsements for each subconsultant. AU coverage for
subconsultants are subject to all of the requirements included in these specifications.
G. Security for Performance
(1) Performance Bond
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In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond), then Consultant
shall provide to the City a performance bond in the form prescribed by the City and by
such sureties which are authorized to transact such business in the State of California,
listed as approved by the United States Department of Treasury Circular 570,
httD://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond," in said
Exhibit A, Paragraph 18.
(2) Letter of Credit
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable Letter of Credit callable by the City at their
unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The Letter of
Credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in said Exhibit A, Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the subparagraph entitled
"Other Seclllity"), then Consultant shall provide to the City such other security therein
listed in a form and amount satisfactory to the Risk Manager or City Attorney.
H. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
2. Duties ofthe City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress
of the Defined Services and Schedule therein contained, and to provide direction and
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guidance to achieve the objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the term of the agreement. In
addition thereto, City agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the
provision of these materials beyond thirty (30) days after authorization to proceed, shall
constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall
compensate Consultant for all services rendered by Consultant according to the' terms and
conditions set forth in Exhibit A, Paragraph 10, adj acent to the' governing compensation
relationship indicated by a "checkmark" next to the appropriate arrangement, subject to
the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall
compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 11.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals (Contract Administrators) indicated on Exhibit
A, Paragraph 12, as said party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term
This Agreement shall terminate upon City's receipt of all Deliverables listed in
Exhibit A, section 8.C., or December 31, 2008, whichever is later. This Agreement may
be extended for one six-month period until June 30, 2009 upon written approval by the
City Manager.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 13.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
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Failure to complete the Defined Services within the allotted time period specified in
this Agreement shall result in the following penalty: For each consecutive calendar day in
excess of the time specified for the completion of the respective work assignment or
Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the
sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated
Damages Rate).
Time extensions for delays beyond the Consultant's control, other than delays caused
by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when granted,
will be based upon the effect of delays to the work and will not be granted for delays to
minor portions of work unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer,"
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined
by the City Attorney.
B. Decline. to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to
influence a governmental decision in which Consultant knows or has reason to know
Consultant has a financial interest other than the compensation promised by this
Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of
Consultant's economic interests, as the term is used in the regulations promulgated by the
Fair Political Practices Commission, and has determined that Consultant does not, to the
best of Consultant's knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic
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interest during the tenn of this Agreement which would constitute a conflict of interest as
prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City
if Consultant learns of an economic interest of Consultant's that may result in a conflict
of interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees' or agents (Consultant
Associates) presently have any interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in any property within 2
radial miles from the exterior boundaries of any property which may be the subject matter
of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph
14.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to
Consultant or Consultant Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such promise that may be made
during the Term of this Agreement, or for twelve months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of.this Agreement, or for twelve months after the expiration of
this Agreement, except with the written pennission of City.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under this
Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold hannless the City, its. elected
and appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged by
third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other
persons, agencies or finns for whom Consultant is legally responsible in connection with
the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
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to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) except for those claims arising
from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, its officers, agents or employees in defending against
such claims, whether the same proceed to judgment or not. Consultant's obligations
under this Section shall not be limited by any prior or subsequent declaration by the
Consultant. Consultant's obligations under this Section shall sUrvive the termination of
this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects,
landscape architects, surveyors and engineers), the following indemnification provisions
should be utilized:
(1) Indemnification and Hold Harmless Agreement
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or claimed
to be caused by the acts or omissions of the Consultant, or Consultant's employees,
agents, and officers, arising out of any services performed involving this project, except
liability for Professional Services covered under Section 7.2, the Consultant agrees to
defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees
from and against all liability. Also covered is liability arising from, connected with,
caused by, or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Consultant, its employees, agents or officers,
or any third party. The Consultant's duty to indemnify, protect and hold harmless shall
not include any claims or liabilities arising from the sole negligence or sole willful
misconduct of the City, its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under Section Exhibit A to this
Agreement.
(2) Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or
relate to the negligence, recklessness or willful misconduct of Consultant and its agents in
the performance of services under this agreement, but this indemnity does not apply
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liability for damages for death or bodily injury to persons, injury to property, or other
loss, arising from the sole negligence, willful misconduct or defects in design by City or
the agents, servants, or independent contractors who are directly responsible to City, or
arising from the active negligence of City.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of
the City, become the property of the City, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in
expense to City greater than would have resulted ifthere were no such negligence.. errors,
omissions, Consultant shall reimburse City for any additional expenses incurred by the
City. Nothing herein is intended to limit City's rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof,
at least thirty (30) days before the effective date of such termination. In that event, all
finished and unfinished documents and other materials described hereinabove shall, at the
option of the City, become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall be entitled to receive
just and equitable compensation for any satisfactory work completed on such documents
and other materials to the effective date of such termination. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement
except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or notation), without prior written consent of City.
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City hereby consents to the assignment of the portions of the Defined Services
identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as
"Permitted Subconsultants."
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the
sole and exclusive property of City. No such materials or properties produced in whole or
in part under this Agreement shall be subject to private use, copyrights or patent rights by
Consultant in the United States or in any other country without the express written
consent of City. City shall have unrestricted authority to publish, disclose (except as may
be limited by the provisions of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or
other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon
by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
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.....,..
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers
and cost in dollar amounts of all contracts and subcontracts relating to the preparation of
the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed real
estate broker or salesperson. Otherwise, Consultant represents that neither Consultant,
nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any
party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid, registered
or certified, with return receipt requested, at the addresses identified herein as the places
of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody 'the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this
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Agreement, and that all resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of
the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
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Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Dr. Ginny Bischel, DVM
for Veterinary care at the Chula Vista Animal Care Facility
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
comp lete consent to its terms: -
Dated:
City of Chula Vista
By:
David R. Garcia, City Manager
Attest:
Donna Norris, Interim City Clerk
Approved as to form:
City Attorney
Dated:
Exhibit List to Agreement
(X) Exhibit A.
(X) Agreement with Dr. Bischel, DVM, dated December 29, 2007
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Exhibit A
to
Agreement between
City of Chula Vista
and
Dr. Ginny Bischel, DVM
for Veterinary care at the Chula Vista Animal Care Facility
1. Effective Date of Agreement: July 1,2008
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State ofCaliforrua
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
form]
, a [insert business
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
Dr. Ginny Bishel, DVM
5. Business Form of Consultant:
(X) Sole Proprietorship
( ) Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Eastlake Village Veterinary Clinic
Eastlake Village Shopping Center
2260 Otay lakes Road, Suite 113
I
I
I
I
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Chula Vista, California 91915
Voice Phone: (619) 482-9100
Fax: (619) 470-1188
7. General Duties:
Consultant shall work as the City's Licensee for its Veterinary Premises Permit at the
Chula Vista Animal Care Facility and shall oversee all veterinary medical activities and
procedures at the Chula Vista Animal Care Facility. Consultant shall also undertake a
comprehensi ve analysis of the business activities and practices of the Chula Vista Animal
Care Facility and shall prepare written recommendations on the effectiveness of the
City's operation of the facility and any changes to its practices that the Consultant feels
would increase the services the City provides to the public and the animals in its care.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Consultant services shall include, but are not limited to the following:
(l) Consultant shall use her veterinary license for the City's Veterinary Premises
Permit for the Chula Vista Animal Care Facility. Consultant agrees to give
the City ninety (90) days written notice of her intent to withdraw her
veterinary license for the Veterinary Premises Permit.
(2) Consultant shall oversee all veterinary medical activities at the Facility.
(3) Consultant shall approve the use of any drugs and medications utilized or
purchased for use at the Facility or by staff based at the Facility.
(4) Consultant shall undertake a comprehensive review of the Facility's operation
and business practices under the direction of the City's Contract
Administrator. This review shall include:
a. Review of current organizational structure and divisional alignment
b. Review of all Facility policies and procedures
c. Review of all Facility expenses and budgets
d. Review of Facility protocols for maintenance, cleaning and disinfecting
activities
e. Review of current medical protocols
f. Review of and oversee all outsourcing expenses and contracts
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g. Review of and inventory all medical supplies (drugs, vaccines, etc.) and
equipment, kennel supplies and equipment, office supplies and equipment
(5) Consultant shall develop a work plan with Interim Facility Manager and
Facility staff to address issues affecting the Facility including animal care
issues, public inquiry and complaints and regulatory agency issues.
(6) Consultant shall meet with the City's Contract Administrator or their
representative to discuss and issues or changes to current protocols as
necessary
(7) Consultant shall develop a manual outlining the policies and procedures for
the Facility.
(8) Consultant shall develop a manual outlining, step-by-step, the adoption
process at the Facility.
(9) Consultant shall provide a fmal report assessing the effectiveness of the
Facility and recommending any proposed changes.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. I: Manual outlining the policies and procedures for the Facility
by September 30, 2008
Deliverable No.2: Manual outlining, step-by-step, the adoption process at the
Facility by September 30, 2008
Deliverable No.3: Final report assessing the effectiveness of the Facility and
recommending any proposed changes by September 30, 2008.
D. Date for completion of all Consultant services:
Upon receipt of all Deliverables or December 31, 2008, whichever is later. This
Agreement may be extended for one six-month period until June 30, 2009 upon written
approval by the City Manager.
9. Materials Required to be Supplied by City to Consultant:
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. ~ '......
10. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City
shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: $48,000, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase only
the compensation for that phase has been paid. Any payments made hereunder
shall be considered as interest free loans that must be returned to the City if
the Phase is not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation due for that
phase. The retention amollnt or percentage set forth in Paragraph 19 is to be
applied to each interim payment sllch that, at the end of the phase, the full
retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the
City, or such other person as the City Manager shall designate, but only upon
sllch proof demanded by the City that has been provided, bllt in no event shall
sllch interim advance payment be made unless the Contractor shall have
represented in writing that said percentage of completion of the phase has
been performed by the Contractor. The practice of making interim monthly
advances shall not convert this agreement to a time and materials basis of
payment.
B. (X) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant
as are separately identified below, City shall pay the fixed fee associated with each phase
of Services, in the amounts and at the times or milestones or Deliverables set forth.
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless City shall have issued a notice to proceed to Consultant
as to said Phase.
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.
Phase
Fee for Said Phase
1. July 1, 2008 through September 30, 2008 .$24,000
2. October 1, 2008 through December 31, $24,000
2008
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase only
the compensation for that phase has been paid. Any payments made hereunder
shall be considered as interest free loans that must be returned to ihe City if
the Phase is not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation due for that
phase. The retention amount or percentage set forth in Paragraph 19 is to be
applied to each interim payment such that, at the end of the phase, the full
retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the
City, or such other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no event shall
such interim advance payment be made unless the Contractor shall have
represented in writing that said percentage of completion of the phase has
been perfoffiled by the Contractor. The practice of making interim monthly
advances shall not convert this agreement to a time and materials basis of
payment.
C. ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall
pay Consultant for the productive hours of time spent by Consultant in the performance
of said Services, at the rates or amounts set forth in the Rate Schedule herein below
according to the following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of Consultant
for $ including all Materials, and other
"reimbursables" (Maximum Compensation).
(2) ( ) Limitation without Further Authorization on Time and Materials
Arrangement
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J ,AtlUlllcyIELIS.....'.ANIMAL ('ARE FAC'ILlTY\Dr. Bischel Ag~CIT\COI_IJ.~.(}8 o.k>t: 20
At such time as Consultant shall have incurred time and materials equal to
(Authorization Limit), Consultant shall not be
entitled to any additional compensation without further authorization issued in
writing and approved by the City. Nothing herein shall preclude Consultant from
providing additional Services at Consultant's own cost and expense.
Category of Employee
Rate Schedule
Name of Consultant
Hourly Rate
$
$
$
$
$
) Hourly rates may increase by 6% for services rendered after [month], 20_,
if delay in providing services is caused by City.
II. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth
below:
(X) None, the compensation includes all costs.
Cost or Rate
$
$
$
$
$
$
exceed $
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Deli very, not to exceed $
() Long Distance Telephone Charges, not to
$
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
$
$
$
4-31
l\Att<.ln'cyIEllSA\ANIMAl. CARE FAC"lI.JTY\Dr Bisehcl A~rcel11cnt_6.5-llll du~ 21
12. Contract Administrators:
Clty:
Jack Griffin, Director 0 f Pub lic Works
Consultant:
Dr. Ginny Bischel, DVM
l3. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments and sources of income.
( ) Category No.2. Interests in real property.
) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, pem1it or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income that
engage in land development, construction or the acquisition or sale of real
property.
( ) Category No.5. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with the City of Chula
Vista (Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( ) Category No. 7. Business positions.
) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
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r.Att0l11ey'EL1SA\ANIi....IAL CARE FACILlTY\Or. Sisdu:1 Agrt;ell1enU'l-5.nl.l_Uo~ 22
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
1 7. Bi II Processing:
A. Consultant's Billing to be submitted for the following period oftime:
( ) Monthly
(X) Quarterly
( ) Other:
B. Day of the Period for submission ofConsultai1t's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C. City's Account Number: 10821-6301
18. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
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Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
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hAtl'.1Illl:y\F.L1SAlANIMAL CARE FAC'ILITY\Dr Bischel Agr~~nl~n(_b.~.()S do.; 24
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~L,'/--Il /~ '
City Attorney r--
Dated: (; / I.[ / () 1
~' ,
Agreement between
City of Chula Vista
And
Dr. Kendra A. Jiannuzzi
4-35
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Dr. Kendra A. Jiannuzzi, DVM
for Veterinarian Care at the Chula Vista Animal Care Facility
This agreement (Agreement), dated July 1, 2008, for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such (City), whose business form is set forth on Exhibit A, Paragraph 3,
and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose
business form is set forth on Exhibit A, Paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A, Paragraph 6 (Consultant), and is made with
reference to the following facts:
Recitals
Whereas, City owns and operates the Chula Vista Animal Care Facility, a municipal
animal care facility (the "Facility"); and
Whereas, Dr. Dorothy York, DVM, the Animal Care Facility Manager retired on
December 29,2007; and
Whereas, the State of California requires all municipal animal shelters to retain a
Veterinary Premise License; and
Whereas, on December 29, 2007, the City entered into an agreement with Dr. Ginny
Bischel in which Dr. Bischel agreed to place her name on the State Veterinary Premise
License for the Facility, assist staff in reviewing the operations of the Facility, and fmd a
permanent long-term solution for the provision of veterinarian services and a premise
license, among other duties; and
Whereas, Consultant is a licensed California Veterinarian; and
Whereas, the City entered into an agreement with Consultant dated Febnlary 7, 2008
to provide veterinarian care, treatment and perform spay and neuters at the Animal Care
Facility; and
Whereas, the telm ofthat agreement expires on June 30, 2008; and
Whereas, the City, Dr. Bischel, and Consultant anticipate that the California
Veterinary Premise Permit will be transferred from Dr. Bischel to Consultant; and
Whereas, Consultant warrants and represents that she is experienced and staffed in a
manner such that she can prepare and deliver the services required of Consultant to City
JAnC\l11cy\ELlSA\ANIMAL. CARE FAC'ILlTY\Or Jiunlluni Alln:Il111cnUI.S-03A 136
within the time frames herein provided all in accordance with the terms and conditions of
this Agreement.
(End of Recitals. Next Page starts Obligatory Provisions.)
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-~.._~
Obligatory Provisions Pages
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties," ConsUltant shall
also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of
Work and Schedule," not inconsistent "vith the General Duties, according to, and within
the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables
as are identified in Exhibit A, Paragraph 8, vvithin the time frames set forth therein, time
being of the essence ofthis agreement. The General Duties and the work and deliverables
required in the Scope of Work and Schedule shall be herein referred to as the "Defined
Services." Failure to complete the Defmed Services by the times indicated does not,
except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce
the Defined Services to be performed by the Consultant under this Agreement. Upon
doing so, City and Consultant agree to meet in good faith and confer for the purpose of
negotiating a corresponding reduction in the compensation associated with said
reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
(Additional Services), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set fOlih in the "Rate Schedule" in Exhibit A, Paragraph lO(C), unless a
separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this Agreement, whether Defined
Services or Additional Services, shall perform in a marmer consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
J-IAnomcyI,ELlSAIANIMAL. CARE FACILlTY\Dr. Jinl'llluui ^S,'eemcnUI-5-0S w~33 8
.
F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages
to property that may arise from or in connection with the performance of the work under
the contract and the results of that work by the Consultant, his agents, representatives,
employees or subcontractors and provide documentation of same prior to commencement
of work. The insurance must be maintained for the duration of the contract.
Minimum Scope ofInsurance
Coverage must be at least as broad as:
(l) Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOOl).
(2) Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
(3) Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(4) Professional Liability or Errors & Omissions Liability insurance appropriate
to the Consultant's profession. Architects' and Engineers' coverage is to be
endorsed to include contractual liability.
Minimum Limits ofInsurance
Contractor must maintain limits no less than:
I. General Liability:
(Including operations,
products and completed
operations, as
applicable)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability insurance with a general aggregate limit is ~lsed,
either the general aggregate limit must apply separately to
this project/location or the general aggregate limit must be
twice the required occurrence limit.
$1,000,000 per accident for bodily lilJury and property
damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$1,000,000 each occurrence
4-39
hA~tl"l\.:ylEUSA\ANIMALCAR.E FACll.lTYiDr Jiannutz; Agrccrrtcnc_Q-S,OS,doc 4
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of the City, either the insurer will reduce or eliminate such deductibles
or self-insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the Consultant will provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's
compensation policies are to contain, or be endorsed to contain, the following provisions:
(l) The City of Chula Vista, its officers, officials,' employees, agents, and
volunteers are to be named as additional insureds with respect to liability
arising out of automobiles owned, leased, hired or borrowed by or on behalf
of the Consultant, where applicable, and, with respect to liability arising out of
work or operations performed by or on behalf of the Consultant, including
providing materials, parts or equipment furnished in connection with such
work or operations. The general liability additional insured coverage must be
provided in the form of an endorsement to the contractor's insurance using
ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not
exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers is whOlly separate from the
insurance of the contractor and in no way relieves the contractor from its
responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state that
coverage wiIl not be canceled by either party, except after thirty (30) days'
prior written notice to the City by certified mail, refilm receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence
of the additional insured in any case where an agreement to indemnify the
additional insured would be invalid under Subdivision (b) of Section 2782 of
the Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage during the life of this contract.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors &
Omissions coverage are written on a claims-made form:
J '.Arl~"'I~y\EL(SA':ANr"'IAL CARE FAelLI rv\Dt' Ji~nnuui Ag,,<:cm<:l1t),l-~,osdu:l54 0
(1) The "Retro Date" must be shown, and must be before the date of the contract
or the beginning of the contract work.
(2) Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract work.
(3) If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a "Retro Date" prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a minimum of
five (5) years after completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City for
review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the
State of California with a current A.M. Best's rating of no less than A V. If insurance is
placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than
A X. Exception may be made for the State Compensation Fund when not specifically
rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should be on
insurance industry forms, provided those endorsements or policies conform to the
contract requirements. All certificates and endorsements are to be received and approved
by the City before work commences. The City reserves the right to require, at any time,
complete, certified copies of all required insurance policies, including endorsements
evidencing the coverage required by these specifications.
Subcontractors
Consultants must include all subconsultants as insureds under its policies or fi.1rnish
separate certificates and endorsements for each sub consultant. All coverage for
subconsultants are subject to all of the requirements included in these specifications.
G. Security for Performance
(1) Performance Bond
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond), then Consultant
shall provide to the City a performance bond in the form prescribed by the City and by
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J \Allul11eylE.LlSA\ANIMAL. CARE FACII.ITY\Dr Jiannazzi A!lreel11enl_t>-~-08 <1uc 6
...,..'
such sureties which are authorized to transact such business in the State of California
,
listed as approved by the United States Department of Treasury Circular 570,
http://www.tins.treas.\(ovic570, and whose underwriting liinitation is sufficient to issue
bonds in the amount required by the agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond," in said
Exhibit A, Paragraph 18.
(2) Letter of Credit
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable Letter of Credit callable by the City at their
unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The Letter of
Credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in said Exhibit A, Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to
provide security other than a Perfomlance Bond or a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the subparagraph entitled
"Other Security"), then Consultant shall provide to the City such other security therein
listed in a form and amount satisfactory to the Risk Manager or City Attorney.
H. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
2. Duties ofthe City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress
of the Defined Services and Schedule therein contained, and to provide direction and
guidance to achieve the objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the term of the agreement. In
addition thereto, City agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the
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J "Allllmo:y\ELlSAIANIMAL CARE FACIL1TY\Or. Jiunnuni Ag~l1Ien(_().5.(J8 dl,lC 7
provision of these materials beyond thirty (30) days after authorization to proceed, shall
constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall
compensate Consultant for all services rendered by Consultant according to the terms and
conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate arrangement; subject to
the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall
compensate Consultant for out of pocket expenses as provided in Exhibit A, 'Paragraph
II.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals (Contract Administrators) indicated on Exhibit
A, Paragraph 12, as said party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. TelID
The term of this Agreement is one year. However, the Parties can agree to extend the
term of this Agreement for an additional three one-year terms upon written approval by
the City Manager. If the term of this Agreement is not extended, it shall terminate on
June 30, 2009.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 13.
lt is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amOtmt to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in
this Agreement shall result in the following penalty: For each consecutive calendar day in
excess of the time specified for the completion of the respective work assignment or
4-43
J 'All"mey\ELISA\ANliVIAL.CARE FAC'Il.lTY\Dr JiIU\l1uz:ri A!;recl11em_{>.~..1l8 d..><: 8
Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the
sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated
Damages Rate).
Time extensions for delays beyond the Consultant's control, other than delays caused
by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when granted,
will be based upon the effect of delays to the work and will not be granted for delays to
minor portions of work unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer,"
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined
by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to
influence a governmental decision in which Consultant knows or has reason to know
Consultant has a financial interest other than the compensation promised by this
Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of
Consultant's economic interests, as the telm is used in the regulations promulgated by the
Fair Political Practices Commission, and has determined that Consultant does not, to the
best of Consultant's knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic
interest during the term of this Agreement which would constitute a conflict of interest as
prohibited by the Fair Political Practices Act.
J \All~\I1I~y\El1SA\ANIMAI.. CARE FACILITY\Or Jial1l1uui Agr~ment_I.>.5.()\l .4-944
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City
if Consultant learns of an economic interest of Consultant's that may result in a conflict
of interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents (Consultant
Associates) presently have any interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in any property within 2
radial miles from the exterior boundaries of any property which may be the subject matter
of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph
14.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, grahlity or other reward or gain has been made to
Consultant or Consultant Associates in cOJll1ection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such promise that may be made
during the Term of this Agreement, or for twelve months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Tenn of this Agreement, or for twelve months after the expiration of
this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under this
Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected
and appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged by
third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other
persons, agencies or firms for whom Consultant is legally responsible in connection with
the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
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-~--
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) except for those claims arising
from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, its officers, agents or employees in defending against
such claims, whether the same proceed to judgment or not. Consultant's obligations
under this Section shall not be limited by any prior or subsequent declaration by the
Consultant. Consultant's obligations under this Section shall survive the termination of
this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects,
landscape architects, surveyors and engineers), the following indemnification provisions
should be utilized:
(I) Indemnification and Hold Harmless Agreement
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or claimed
to be caused by the acts or omissions of the Consultant, or Consultant's employees,
agents, and officers, arising out of any services performed involving this project, except
liability for Professional Services covered under Section 7.2, the Consultant agrees to
defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees
from and against all liability. Also covered is liability arising from, connected with,
caused by, or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Consultant, its employees, agents or officers,
or any third party. The Consultant's duty to indemnify, protect and hold harmless shall
not include any claims or liabilities arising from the sole negligence or sole willful
misconduct of the City, its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under Section Exhibit A to this
Agreement.
(2) Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or
relate to the negligence, recklessness or willful misconduct of Consultant and its agents in
the performance of services under this agreement, but this indemnity does not apply
liability for damages for death or bodily injury to persons, injury to property, or other
J Atlul1l~y\EI.ISA\ANlto.IAL CARE FACILlTY\D! Ji~l\lluzzi Agr~~lnellt_I).~.(l8 dI.'~ii4 6
loss, arising from the sole negligence, willful misconduct or defects in design by City or
the agents, servants, or independent contractors who are directly responsible to City, or
arising from the active negligence of City.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of
the City, become the property of the City, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in
expense to City greater than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional expenses incurred by the
City. Nothing herein is intended to limit City's rights under other provisions of this
agreement.
lO. Temlination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof,
at least thirty (30) days before the effective date of such termination. In that event, all
finished and unfinished documents and other materials described hereinabove shall, at the
option of the City, become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall be entitled to receive
just and equitable compensation for any satisfactory work completed on such documents
and other materials to the effective date of such tennination. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement
except as set forth hereill,
II. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or notation), without prior written consent of City.
.. 4-47
J,\AltuI1'CyIEl.ISA\ANIMAL CARE FAC1LITY\Or. )1;J.nm,lUI Ailreel1l1:I1l_("'~-1J8 doc 12
. u,,',
City hereby consents to the assignment of the portions of the Defmed Services
identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as
"Permitted Subconsultants."
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the
sole and exclusive property of City. No such materials or properties produced in whole or
in part under this Agreement shall be subject to private use, copyrights or patent rights by
Consultant in the United States or in any other country without the express written
consent of City. City shall have unrestricted authority to publish, disclose (except as may
be limited by the provisions of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or
other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits; worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon
by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
pllrpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
j'All\!111CyIELISA\ANIMAl.CARE FAC'lLITY\Or Jillnnuzzi Aftlcement ()-5-0liUo~1~4 8
- ~
.
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that. Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers
and cost in dollar amounts of all contracts and subcontracts relating to the preparation of
the report or document.
l 7. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed real
estate broker or salesperson. Otherwise, Consultant represents that neither Consultant,
nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provlded for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any
party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid, registered
or certified, with return receipt requested, at the addresses identified herein as the places
of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this
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J\ACll"",,yIELISAIANIMAL (AR.E FAC1L1TYIDr, Jiannunl A~"menl_6.5.0S 00<; 14
.....',.,
Agreement, and that all resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
F. Governing Law/Venlle
This Agreement shall be governed by and construed in accordance with the laws of
the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego COlmly, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
4-50
J ..'\ttlll1leyIELlSA\ANIMAL CARE FAC'lL1TY\Dr Jianlluzzi Allr<<111cllt_o-5.nS <.toe 15
Parties and Recital Pagels)
Agreement between
City ofChula Vista
and
Dr. Kendra A. Jiannuzzi, DVM
for Veterinarian Care at the Chula Vista Animal Care Facility
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood san1e, and indicate their full and
complete consent to its terms:
CityofChula Vista
Dated:
By:
David R. Garcia, City Manager
Attest:
Donna Norris, Interim City Clerk
Approved as to fonu:
City Attomey
Dated:
c.ls/o%
Dr. Kendra A. Jiannuzzi, DVM
J(-~ ~ ();t-....
Dr. Kendra A. Jiannuz ,DVM
Exhibit List to Agreement
(X) Exhibit A.
(X) Agreement between the City and Dr. Jiannuzzi dated February 7, 2008
J Am'nI;)' 1:1.15,\ ,'Nl~lAt. fAkfi FA("lLlTY Ill" Ji:mIMI:i..li ^~r~'l:1'~ .(>.~.1I11 ,k,~ 16
4-51
Exhibit A
to
Agreement between
City of Chula Vista
and
Dr. Kendra A. Jiannuzzi, DVM
for Veterinarian Care at the Chula Vista Animal Care Facility
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a mlmicipal chartered corporation of the State of California
) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of Cali fomi a
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
form]
, a [insert business
(City)
3. Place of Business for City:
Ctty of Chula Vista
276 Fourth Avenue
Chula Vista, CA91910
4. Consultant:
Dr. Kendra A. Jiannuzzi, DVM
P.O. Box 3122
Ramona, CA 92065
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
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L"'AltumeylEl.ISA\ANIMAI. CARE F"AC1LITY\Or Ji:ml1uzzi A~I'eel11enf_t>-5-08 due 17
6. Place of Business, Telephone and Fax Number of Consultant:
1543 Weekend Villa Road
Ramona, CA 92065
Voice Phone: (760) 788-1061
Fax: (760)
7. General Duties: Veterinarian care at the Chula Vista Animal Care Facility
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Consultant's services shall include, but are not limited to the following:
(1) Consultant shall perform daily rounds for entire kennel to check for any signs
of disease.
(2) Consultant shall isolate and medicate all sick animals.
(3) Consultant shall perform daily treatment for all sick and injured animals.
(4) Consultant shall revise current medical protocols and procedures.
(5) Consultant shall perform medical procedures using sedation and anesthesia.
(6) Consultant shall supervise other assigned medical staff at the Facility.
B. Date for Commencement of COil suit ant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Ongoing
D. Date for completion of all Consultant services:
The term of this Agreement is one year. However, the Parties can agree to extend
the term of this Agreement for an additional three one-year terms upon written approval
by the City Manager for each successive term. Consultant agrees to give the City ninety-
days (90) written notice prior to the expiration of the initial term, or any successive terms,
of her intent to terminate this Agreement. In addition, once Consultant agrees to put her
veterinary license on the Veterinary Premise Permit, Consultant agrees to give the City
ninety-days (90) written notice of her intent to withdraw her veterinary license on the
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J ',A(t~1M'<:ylEl.ISA\ANIMAL. CARE FACILlTY,Dr Jinnnuni A~<:m<:m_iJ-5..(l1l dl.>e 18
. / '..~
Veterinary Premise Permit. If the term of this Agreement IS not extended, it shall
terminate on June 30, 2009.
9. Materials Required to be Supplied by City to Consultant:
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City
shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase only
the compensation for that phase has been paid. Any payments made hereunder
shall be considered as interest free loans that must be returned to the City if
the Phase is not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation due for that
phase. The retention amount or percentage set forth in Paragraph 19 is to be
applied to each interim payment such that, at the end of the phase, the full
retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the
City, or such other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no event shall
such interim advance payment be made unless the Contractor shall have
represented in writing that said percentage of completion of the phase has
been performed by the Contractor. The practice of making interim monthly
advances shall not convert this agreement to a time and materials basis of
payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant
as are separately identified below, City shall pay the fixed fee associated with each phase
of Services, in the amounts and at the times or milestones or Deliverables set forth.
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, lmless City shall have issued a notice to proceed to Consultant
as to said Phase.
J ." 4-54
,.~ul'n1.:0ELlSA\ANtj\.IAL (ARE FAC'lUTY\Or J'Ullll\lZ2:1 Asre.:IlI<:"l}"~.j)S due 19
Phase
1.
Fee for Said Phase
2.
$
$
$
,
.Y.
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase only
the compensation for that phase has been paid. Any payments made hereunder
shall be considered as interest free loans that must be returned to the City if
the Phase is not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation due for that
phase. The retention amount or percentage set forth in Paragraph 19 is to be
applied to each interim payment such that, at the end of the phase, the full
retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the
City, or such other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no event shall
such interim advance payment be made unless the Contractor shall have
represented in writing that said percentage of completion of the phase has
been performed by the Contractor. The practice of making interim monthly
advances shall not convert this agreement to a time and materials basis of
payment.
C. (X) Daily Rate Arrangement
For perfonnance of the Defined Services by Consultant as herein required, City shall
pay Consultant per day or per half day, a minimum of three days per week of time spent
by Consultant in the performance of said Services, at the rates or amounts set forth in the
Rate Schedule herein below according to the following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of Consultant
for $ including all Materials, and other
"reimbursables" (Maximum Compensation).
(2) (X)Limitation without Further Authorization on Time and Materials
Arrangement
J \Atll;Il11eylELlSA\ANI,'vIAl. CARE FACILITY\Or Ji;u1n\lzzi Agleel11enl}I.~.08 d~'~O 55
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At such time as Consultant shall have incurred time and materials equal to
$144,000 (Authorization Limit), Consultant shall not be entitled to any additional
compensation without further authorization issued in writing and approved by the
City. Nothing herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense.
Category of Employee
Rate Schedule
Name of Consultant
Dr. Kendra A. Jiannuzzi
Hourly Rate
$ 500.00 for an 8-hour
dav without Veterinarv
Premise Permit
Dr. Kendra A. Jiannuzzi
Half-Dav Rate:
$300.00 for 4 hours/
dav
$600.00 for an 8-hour
dav with Veterinarv
Premise Permit
Dr. Kendra A. Jiannuzzi
) Hourly rates may increase by 6% for services rendered after [month], 20_,
if delay in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set fOl1h
below:
(X)None, the compensation includes all costs.
Cost or Rate
$
$
$
$
$
$
exceed $
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to
$
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
$
$
$
J '.Alt<Jl1I<:y\ELISAIANI,....rAL CARE FACILITY\Dr. j;unnuzzi Airftme1ll_6-~.()8r.l1..9-215 6
12. Contract Administrators:
City: Jack Griffin
Director of General Services
Consultant:
Dr. Kendra A. Jiannuzzi, DVM
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments and sources of income.
) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business' entities and sources of income that
engage in land development, construction or the acquisition or sale of real
property.
( ) Category No.5. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with the City of Chula
Vista (Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( ) Category No.7. Business positions.
) List "Consultant Associates" interests in real property within 2 radial miles of
Proj ect Property, if any:
1. .All,lI'lo:y'eUSAV,NIMAI. CAR~ FAC1L1TYlDr Ji~nnuzzi Ayro:cnh:l1l_tl-~.lIS dJ..'~22 57
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Bi-weeklv
B. Day of the Period for submission of Consultant's Billing:
(X) First of the Month
(X) 15th Day of each Month
( ) End ofthe Month
( ) Other:
C. City's Account Number: 10821-6301
18. Security for Performance
( ) Perfonnance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
J .-AIWn\~y,ELISA\ANIMAL CARE rACIl.1TY\Dr Ji.mnuui Agreel11l:'l( b_5.08,dQ<:4?~ 5 8
- _0
) Retention Percentage:
) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other: .
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J 'Attl'l1leyIELJSAIANIMAL CARE FACILrTY\Dr. jiannuui Ave~1l1ltllt_O.~-08 dt.'l; 24
<
,.",,".
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008
BUDGET BY TRANSFERRING $142,800 FROM
UNANTICIPATED ANIMAL CARE FACILITY PERSONNEL
SALARY SAVINGS TO SERVICES AND SUPPLIES FOR
CONTRACTUAL VETERINARIAN SERVICES
WHEREAS, Dr. Dorothy York, DVM, the Animal Control Manager at the City's Animal
Care Facility ("Facility"), left City service on December 29, 2007; and
WHEREAS, the State of California requires all municipal animal shelters to retain a
Veterinary Premise Permit; and
WHEREAS, the State Veterinarian Board has indicated that many municipalities have
elected to contract these services out in order to comply with the State regulations; and
WHEREAS, the City currently has agreements with Dr Bischel, DVM for provision of a
Veterinary Premise Permit and veterinary services and with Dr. Jiannuzzi, DVM for on-site
veterinary services at the Chula Vista Animal Care Facility; and
WHEREAS, a transfer of $142,800 from salary saving associated with vacancies at the
Animal Care Facility is required to pay for veterinarian expenses to be incurred between
December 28,2007 and June 30, 2008, for the 2007/2008 Fiscal Year.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City ofChula Vista
that it amends the Fiscal Year 2007/2008 budget by transferring $142,800 from unanticipated
Animal Care Facility Personnel salary savings to Services and Supplies for contractual
veterinarian services.
Presented by:
Approved as to form by:
Jack Griffin
Director of Public Works
..~ I:UC.~ I?r-
" {I
City Attorney
H ',ENGINEERIRESOSIRi:Sos2IlO8\Or,.\O.n8\Vet lmllsfer rUl1ds l1:vised by c:c dl'<:
4-60