HomeMy WebLinkAbout2008/06/17 Item 4
ITEM 4
Item 4 was continued from 6/1 0/08. The attached agenda
statement, dated 6/17/08, was revised to incl ude the addendum on
page 6, along with two new attachments: 1) Summary of Vendors,
and 2) Services and Volunteer Questions/1ssues Addendum
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CITY COUNCIL
AGENDA STATEMENT
~J~ CITY OF
~CHUlA VISTA
6/17/08, Jtem~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST A WAIVING THE FORMAL SELECTION PROCESS
AND APPROVING AGREEMENTS WITH DR. BISCHEL, DVM
FOR PROVISION OF A VETERINARY PREMISE PERMlT 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
CITY MANAGER
ASSISTANT CITY MANAGER
4/STHS VOTE: YES [8J NO 0
SUBMITTED BY:
REVIEWED BY:
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's to provide the California Veterinary Premise Pennit and facility management in
the absence of a pennanent Animal Control Manager. The second resolution authorizes the
transfer of salary savings from the Animal Control Manager's vacant position to offset
veterinarian cxpenditures 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
l5061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
6/17/08, Iteml
Page 2 of 7
RECOMMENDATION
Council adopt both resolutions.
BOARDS/COMMISSION RECOMlVlENDA nON
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 Permit.
A Veterinary Premise Permit 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 permit, a licensed veterinarian needs to place their name
and license on our permit. Since Dr. York was a licensed veterinarian, she was on the City's
permit. With her departure, the City needed to find a veterinarian who would be willing to place
their name and license on the permit.
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 statT in reviewing the operations of the facility as well as
finding a permanent long-term solution for the provision of veterinarian services and a premise
permit. 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 long-term solution for the provision of
veterinary care and a premise permit 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 Permit with Dr. Jiannuzzi. Staff hopes to transfer the Veterinary Premise
Pern1it during the course of Dr. Jiannuzzi's agreement. Until such time as the Veterinary Premise
Permit is transferred to Dr. Jiannuzzi and a permanent 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 Permit.
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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6/17/08, Item L
Page 3 of7
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.
Agreements
Staff is recommending approving agreements with Dr. Bischel and Dr. Jiannuzzi based on the
following findings:
o 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.
o 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.
o 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.
o Dr. Bischel followed lip 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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6/17/08, Item ~
Page 4 of 7
o Staff has negotiated a reasonable responsible bid for on-site veterinarian services with
both Dr. Bischel and Dr. Jiannuzzi including retention ofa Veterinarv 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 of Chula 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.
o 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 Permit. 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 Agreement
The term of the agreement is for a one-year period with the option to administrati vely 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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6/17/08, Item~
Page 5 of7
Cost of Agreement - 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 staft) 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.
Scope 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:
e Review and implement a customer friendly adoption process from beginning to end; and
c 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
c Assist Interim Animal Care Facility Supervisor in the daily operations of the i\nimal
Care Facility; and
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6/17/08, Item~
Page 6 of 7
· Train the new Registered Veterinary Technician and on-site veterinarian Dr. Jiannuzzi
on shelter medicine and protocols; and
o 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.
Addendum
At the June 10,2008 City Council meeting, Council continued this meeting for one week and
directed staff to meet with members of the volunteer group that had raised issues via emails and
at the June 10th meeting. On June 12, 2008, staff met with the volunteer group and addressed
those issues. A written response to those questionslissues is attached.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the 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
Volunteer Questions/Issues Addendum
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6/17/08, Iteml
Page 7 of7
Prepared by: lracsema Quilantan, Deputy Director, Engineering and General Services Department
M:IGeneral Sen;iceslGS AdministrationlCouncil Agendal4CFIFY081Vet contracts Al13 6-10-08REV2.doc
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Volunteer Questions/Issues Addendum
Background
At the June 10,2008 City Council Meeting the Council directed staff to delay the item as
a result of the comments of two citizens at the meeting and emails that some, possibly all,
of the Council members had received. Council further directed staff to meet with the
volunteers in an effort to further answer the questions that they raised.
Discussion
On Thursday, June 12,2008 staff and its contract veterinarian, Dr. Ginny Bischel, DMV,
met with the volunteer group. This meeting was in lieu of the previously scheduled
meeting of June 17, 2008. The primary purpose of the meeting was to address a list of
questions that Ms. Jean Spafford, 1161 Pas eo Sarina, Chula Vista, CA 91910, had sent to
a variety of people during the week of June 2nd For the purposes of this discussion, those
questions are repeated below with staffs responses in italics.
Question I. How many times have we taken advantage of $ I 0 xrays offered by Dr.
Feinswog (per Dr. Bischel at a previous meeting)?
Dr. Fienswog accepted Dr. Bischel '.I' request to do x-rays for $ 1 O. 00 whenever we would
have an animal brought in that would require x-rays. It was not meant to be something
we would need to take "advantage" of It is in the emergency contract and is part of the
scope of services provided As far as 1 know, Dr. Kendra has had only 2 or 3 cases that
have been transported to the Pet Emergency Center (PEC) for x-rays. We send animals
for x-rays as it is needed
A complete inventory of all Medical Supplies and equipment was done in January of
2008. There had previously been a donation of an old x-ray machine and developer tank
that was seldom being used due to lack of cases requiring x-rays and the poor quality x-
rays it produced It was Dr. Bischel '.I' recommendation to return the x-ray machine and
developer to the donor or send it to salvage due to the high maintenance costs associated
with it.
As an option, Dr. Bischel proposed to have x-rays included in the emergency and after
hours services that the PEC will now be providing for CVACF. Dr. Feinswog accepted
and will do our x-rays at his facility in Chula Vista. His fee per x-ray is $10.00. A total
of 41 x-rays were taken at CVACF from March of2006 through Decemeber of 2007 and
the city spent $2,334.04 on service, permits, chemicals, etc. Those same 41 x-rays would
have cost the city $410.00 at our emergency contract price and the quality of the x-rays
ji-om the PEC would have been significantly better.
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The removal and disposal of the x-ray machine and developer tanks was approved and
we are currently sending any impounded animals requiring x-rays to PEe.
As of this date, we've received no bills for elective x-rays from P EC, however, we believe
we've ordered three. Assuming the SlOper x-ray charge, our costs would be S30. Based
on the costs per x-ray that we had experienced prior to our agreement with the PEC, our
costs would have been S170. 78. The change resulted in a savings ofS140. 78, assuming
that P EC sends us a bill. 1t is also noteworthy that the old x-ray machine took up
valuable space in our medical "isolation room" and the City's Risk J'vfanagement staff
had expressed concern over its condition and potential safety issues that staff may have
been subjected to.
Question 2. How many free blood panels (5 per month allowed) have we taken
advantage of (per Dr. Bischel at a previous meeting)?
In an effort to add to the quality of care of the animals at ACFwithout necessarily
incurring more costs to the city, Dr. Bischel contacted her representative (for her private
practice clinic) at Antech Laboratories and asked her if she 'would be able to provide the
City with any complimentary blood panels in the event they would be needed for shelter
animals. She replied by saying she would happily donate 5 blood panels a month.
Dr. Bischel mentioned this generous offer at a previous volunteer meetings in case there
was a need to use it on older rescue animal and as far as we know, only one volunteer,
Penny Adams, made use of a voucher for an older Chihuahua that she rescuedfrom the
shelter.
It's important to note that these panels are intended for older dogs (generally over 8
years of age) that are deemed adoptable. Typically, rescue organization;; are involved
with dogs that age and the volunteers were directed to work through our adoption staff to
fully utilize this benefit.
Question 3. You have said that the shelter rotates spays and neuters between three
clinics in the South Bay area. Since 1/1108, how many were done in each clinic, and at
what cost per animal? Different price for cat vs. dog? Extra work, other than spays and
neuters, done at any of these clinics for extra charges (surgeries, teeth cleaning, etc.)?
The three clinics that participate in the outsource program are: Telegraph Canyon,
South Bay and Eastlake (Dr. Bischel's). Each clinic keeps track of animals done and
bills according to low cost contract price. The breakdown for the periodfrom January of
2008 through June 12, 2008 is:
Clinic Number of Animals Towl Amount Paid Cost Per Animal
Eastlake 213 SIO,745 $50.45
Telegraph Canyon 102 S5,585 $54.75
South Bay 45 $2,780 S6I.78
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Eastlake is the only clinic that does not have a limit and Dr. Bischel takes them twice a
week. The other two clinics have limits. One takes no more than 4 animals and the other
no more than 6 and only small dogs and cats. Other clinics in the South Bay area were
contacted but were not interested in participating.
Additional procedures requested by adopter at the time of spay or neuter are between
owner and clinic and has no bearing on the city contract. Volunteers may choose to call
the individual clinics for this information but the clinic would not be obligated to disclose
any information.
The decision to outsource animals for spaying/neutering was made because of the high
number of animals that were sick or breaking with clinical signs of disease on a daily
basis in the shelter. The lack of space to isolate these sick animals (especially cats and
small dogs) was and still is a serious problem (hopefully to be somewhat alleviated with
the new isolation room). In the past, veterinarians hired by the city on a relief basis were
coming in to only perform spays/neuters and other surgical procedures. Diagnosing,
isolating and treating sick or contagious animals did not seem to be a priority and this
was confirmed when relief vets were contacted and asked if they could come in to help
with "medicals" and not one accepted.
In addition to lack of medical attention, there was the lack of space. Sicklcontagious
animals were being housed in the vet's office (surgery prep area). Naturally, many of
these animals would be adopted after surgery and a week or so later come back sick!
Adopters would be asked by staff to come back for antibiotics or treatments and
medications were often dispensed increasing costs for the City and negatively reflecting
on the shelters reputation with potential adopters.
Dr. Bischel inquired about the County low cost program, contacted several vets in the
South Bay area (to see if there would be any interest) and then presented a proposed
contract with prices to the city. Unlike the county contract, Dr. Bischel suggested the
contract include correcting umbilical hernias at no additional charge, doing dogs and
cats in heat at no additional charge and doing cryptorchid dogs at no additional charge.
The County low cost program has additional fees for all of the above. Dr. Bischel
contacted several local vets that had in the past helped the city with spays/neuter.
Several did not return calls, Amazon Vet Clinic was not interested (they had helped in the
past) and the only ones that accepted were the ones mentioned above.
There are a number of reasons why private practice veterinarians may set limits or
decline to help altogether. Thefollowing are some of those reasons and, obviously, each
private practice may have other reasons unique to them that would affect their decision
as to being willing to help. We certainly don't hold any grudge or negative view of any
vet that doesn't participate and we seek ways to work with them in any way we can.
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1. Animals coming from shelter are many times harboring disease. Clinic owners
need to be concerned with the potential of infecting incoming hospital patients.
2. In the past, shelter animals were delivered soiled with urine and feces requiring
clinic staff time to clean or bath before surgery.
3. Occasionally shelter animals are wet (from enhanced cleaning activitie>j upon
arrival at the clinic. The clinic sometimes has to deal with unpleasant odors and
the effect it has on clients.
4. A/any animals are infested with external parasites and clinics have to be
concerned with exposing their client's pets in common or shared areas.
5. The amount of paperwork that is handled by clinic staff is time consuming and
requires careful attention since animals are not tagged as a means of
identification.
6. Clinic veterinarian has to review all medical notes written by shelter vet in case
other procedures are necessary.
7. Clinics have their own scheduled appointments and surgeries in addition to the
shelter animals. The workload and late pick-ups many times are a problem.
8. Shelter animals take up kennel space for most of the day, reducing the clinic's
ability to provide space for their client's animals.
9. Dealing with adopters. Some have very little knowledge about owning a pet,
there is little client compliance with regard to after-care instructions, they decline
to take E. Collars so the pet does not lick the incision, they come back because the
pet chewed out the sutures (after declining the collar) and expect the clinic to re-
suture at no charge, etc.
As far as what additional services clinics provide that they charge for, as stated above,
the volunteers are fi'ee to contact those clinics directly, however, the clinic is not
obligated to disclose the information since it is a transaction between an adopter and the
clinic. Dr. Bischel has indicated that Eastlake does not charge for additional minor
procedures that are required and are noted in the medical history of the animal.
Procedures such as skin scrapes, tooth extractions, ear cleanings are done and rejlected
on the invoices sent to the City as "no charge". In addition to that Eastlake grooms
three shelter animals at no charge every other week and that offer has been in place since
March of this year. Eastlake also offers adopters follow-up vaccines, de-wormings,
heartworm testing, etc. at the time of suture removal and they are offered a 20% discount
(per shelter discount program that was implemented).
Question 4. How many spays and neuters have been done by the Neuter Scooter, and
at what cost per cat/dog?
The City has engaged with the Neuter Scooter for 4 clinics. We have paid ajlatfee of
$1,500 per clinic and have averaged 30 - 35 animals per clinic.
Question S.
Why can't Dr. Kendra license the facility now?
The proposed contract with Dr. Kendra contains provisions that enable her to license the
facility. She has indicated that she would prefer that some of the administrative issues
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that we are still working on such as developing a comprehensive package of policies and
procedures be completed. She also would prefer that the fidl-time manager position be
filled as well before she would consider licensing the facility. There could be other
reasons of a more personal nature that are her business. Staff is comfortable with the
proposed contracts with both Dr. Bischel and Dr. Kendr"a and the manner in which we
are licensing the facility and the flexibility those contracts provide should we transfer the
licensing to Dr. Kendra in the fitture.
Question 6. How can we hire a manager in 2008 if we are paying for a "consultant"
thru 2008?
Based on staff's recommendation, the City },/[anager authorized the recruitment for the
jidl-time manager, which is now underway. Quite obviously, the City kfanager is aware
of the costs of a full-time manager and the contract veterinarians.
Question 7. Please furnish statistical information for April and May 2008 re:
a. Intake of animals - cats/dogs/etc.
b. Euthansia
c. Adoptions
Euthanization Owner Transfers
April (excluding
Impounds Relinquishments Redemptions Adoptions Requested to Other
2008 Owner
Reauests) Euthanizations Shelters
Dogs 230 45 87 107 65 19 2
Cats 345 24 3 99 181 6 12
Others 281 8 8 45 15 6 33
Total 856 77 98 251 261 31 47
Euthanizations Owner Transfers
May (excluding
2008 Impounds Relinquishments Redemptions Adoptions Owner Requested to Other
Requests) Euthanizations Shelters
Dogs 221 44 69 115 61 23 7
Cats 499 67 5 81 366 11 2
Others 50 9 0 16 25 0 5
Total 770 120 74 212 452 34 14
Note: There have been zero euthansias of healthy adoptable dogs or cats.
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Question 8.
What is causing the delay in the opening/use of the medical room?
As stafland the City lvfanager indicated at the June 10'h City Council meeting, the
creation of a medical room is not typical construction and issues such as HVAC systems
are more specialized and more difficult to install where they were not already planned to
be.
Question 9. Rumor has it that the Neuter Scooter is being "retired" or "discharged"
from doing the wonderful job that it has done for the shelter animals, including spaying,
neutering, trimming matted dogs and cats, removing foxtails, cryptorchid surgery,
surgery on late pregnancies, etc., whenever called for, at the remarkable price to the city
of Chula Vista of about $40 per animal, regardless of the size, species, or additional
service( s) rendered.
Is this true, and if so, please explain why, since this seems like the best possible service
that is available to the City ofChula Vista and the Animal Care Facility. If the Neuter
Scooter service is no longer acceptable to the shelter, you must have an extremely valid
reason why. Please explain.
The Neuter Scooter has also fixed animals at NO CHARGE, space available, at their
regular clinics.
What more could the City of Chula Vista ask for than what this organization does and has
done for the Chula Vista Animal Care Facility?
City staff is not interested in speculating on rumors that are circulating. It is our
understanding that the Spay Neuter Action Project (SNAP) intends to relocate the Neuter
Scooter ji-om the A CF parking lot and the parking lot across ji-om Fuddruckers on Third
A venue to the parking lot of the Petco store on Broadway. Obviously, they have made
that decision based on what they see are the best interests of their organization.
With respect to the City's relationship with the Neuter Scooter, we hope to continue to
utilize their services when it makes sense for both entities. SNAP has indicated that their
agreement with us and, in particular Dr. Bischel, was to spay or neuter 30 - 35 of our
shelter animals, with a reasonable mix of species, male, female and size per visit and that
the City has not adhered to that agreement SN4P has stated that the vast majority of
animals presented have been dogs with preponderance toward female and larger species.
From staff's perspective, our initial interaction with the Neuter Scooter this year was
very favorable, though the following sessions were less so. We have had internal
discussions regarding only providing the neuter scooter with elective (i.e. animals we
have that have not yet been adopted) and outsource all adopted animals to community
vets. We in no way, nor do we have the power or desire to "retire" the Neuter Scooter as
it is not a City entity. Anyone who says anything like that is misinformed.
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We certainly appreciate the work that the Neuter Scooter does and the very valuable
service that they provide to the community. Where it makes sense for us to partner
together, we hope to still do so.
In addition to the email from Ms. Spafford, an additional email was received from
Ms. Debbie Martin, 830 Carlsbad Street, San Diego, CA 92114. The email was sent to
the Mayor and Council and the City Manager just prior to the Council meeting on June
10th. Mayor Cox provided it to staff on Tuesday night following the Council Meeting.
The email is not structured like Ms. Spafford's email but makes a number of comments
and accusations. [don't intend to deal with them individually, but would like to note a
few items.
First, we have had a nwnber of volunteer meetings this year (January 29th, March 4th,
April I st and May I st). In the minutes of the May I st meeting, we told the group that our
initial plan for a veterinarian to license the facility long-term was on hold. That plan was
to have the PEC under contract to license the facility and provide veterinarian services.
The PEC decided not to pursue that option at this time, though it remains a possibility in
the future. We further indicated that Dr. Kendra had expressed a desire to stay with the
ACF and that we were working on the details of the vet contracts. Ms. Martin's
innuendo that we were trying to hide something by "held this information flOm us" is
utterly ridiculous and offensive.
Ms. Martin then opines as to the item in the Council Agenda statement that discusses the
reduction in incidences of cats with respiratory infections. It is simply a fact that we are
doing better now that we had in the past in reducing the number of such cases. Ms.
Martin then intimates that the reason the incidents have gone down is that we are now
killing cats and that the animals were better cared for under Dr. York. The notion that
our statistics are better because we are killing cats is patently untrue.
We would agree that we have seen an increase in cat euthansias. A major cause of that is
that one of our contract cities, National City, has started to actively trap feral cats and
bring them to the shelter. This is a practice that Chula Vista, Imperial Beach nor Lemon
Grove engage in. This change causes an increase.in the number of feral cats coming into
the facility and only a very small percentage of feral cats are considered adoptable which
naturally drives up the euthanasia rate as well. We will be renegotiating our contract with
National City and intend to discLlss this new procedure.
Summary
The Chula Vista Animal Care Facility is staffed by a dedicated group of employees
whose primary goal is the care of the animals in their charge. Our management team
attempts to support them the best we can given the resources at our disposal. The City
determined to offer early retirement packages that were accepted by our permanent
facility manager in December of2007 and by our interim facility manager in June of
4-14
2008. We also have had to manage through two significant budget cutting exercises. In
both of those exercises, we made the decision to spare the Animal Care Facility from its
proportionate share of the Department's cut targets and passed on those shares to other
activities. At the same time we have been navigating through a citywide hiring freeze
and the City Manager has been willing to lift it to allow us to recruit for l-\nimal Care
Assistants and Animal Control Officers. We have done the very best we can and we
believe, have made significant improvements in the cleanliness and appearance of the
facility. We also believe that we have made improvements in the general health of the
animals in our care and made their difficult lives more livable. It must be remembered
that we are a municipal shelter and are required by state law to take in every animal that
arrives at our gates and doors. It is a sad fact that there are far more animals looking for
homes than there are homes to take them, but we continue to do our best to bridge that
gap.
The issue of Dr. Bischel should also be addressed. As the Council is aware from past
correspondence and this agenda statement, the City did not have very many options
available to it with respect to licensing the facility. Dr. Bischel stepped forward, put her
license and insurance on the line and agreed to help us. The emails discussed by this
supplement clearly contain an insinuation that Dr. Bischel is somehow making a lot of
money in her relationship with the City. That notion is laughable. We have no doubt
whatsoever that Dr. Bischel has provided far more hours of service to us than her contract
calls for and has not asked to be compensated for those hours. Furthermore, she has
agreed to perform spays and neuters for us at the very low rate that the County of San
Diego receives from its outsource vets and provides additional services at no cost. We
would be more than happy to spread our outsourcing out more evenly to local vets, but
those local vets have to be willing to take on a greater amount of work. They have not
expressed a willingness to do so. We're quite sure Dr. Bischel would welcome that as
well as it would free up her private practice more time for far more profitable customers.
4-15
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL
AGENDA STATEMENT
~I!f: CIlYOF
~CHUIA VISTA
~(L7ItJfJ I
6/1l1r\l.l~.l.,.ltem~
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 ANTI WITH DR. JIANNUZZI, DVM
FOR ON-SITE VETERINARY SERVICES AT THE OlliLA VISTA
ANlMAL CARE FACILITY AND ATJTHORIZING 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 . ~
CITY MANAGER ;)/.4< /
ASSISTANT CITY MANAGER ' WW'-
4/5 HS VOTE: YES ~ 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
l506l(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
4-1
6/10/08, Item~
Page 2 of 6
RECOMMEl'l'DATION
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 hislher name on the City's
Veterinary Premise Permit.
A Veterinary Premise Permit 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 permit, a licensed veterinarian needs to place their name
and license on our permit. Since Dr. York was a licensed veterinarian, she was on the City's
permit. With her departure, the City needed to find a veterinarian who would be willing to place
their name and license on the permit.
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 permanent long-term solution for the provision of veterinarian services and a premise
permit. 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 long-term solution for the provision of
veterinary care and a premise permit 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 Permit with Dr. Jiannuzzi. Staff hopes to transfer the Veterinary Premise
Permit during the course of Dr. Jiannuzzj's agreement. Until such time as the Veterinary Premise
Permit is transferred to Dr. Jiannuzzi and a permanent 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 Permit.
Difficulties finding a veterinarian that will place hislher 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.
4-2
6/10/08, ItemL
Page 3 of 6
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 Cantrall 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 I, 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 I, 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.
A!!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.
o 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.
o Local privately owned veterinarian businesses in Chula Vista have declined to provide
the services beginning July I, 2008.
o 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.
4-3
6110/08, 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 Permit. 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 Al!: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 Al!: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.
4-4
6/10/08, Item~
Page 5 of 6
Cost of Ae:reement - 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 Pennit 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 /FrY 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.
Scone 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
o 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
4-5
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
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the 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:\General ServiceslGS AdministrationlCouncil AgendalACFIFY08\Vet contracts A 1136-1 0-08RE V2. doc
4-6
Vet Services Cost Estimate
December 29, 2008 thru June 30, 2008
Keqo
Purchase Add'tl
Order Funds thru
Purchase Original Amount Balance 6-30-08 Purchase
Vendor Descrlotion of Services Order (PO) Amount Paid 5/15/08 (Estimate) , Order Total
Eastlake Village Veterinarv 1 Dr. Ginny Bischel Consultant Services P35202 $ 22,500 $ 22,500 $ - $ 25,000 $ 47500
Eastlake VillaQe Veterinary Outsourcino Spay/Neuter P35169 $ 11,000 $ 9,640 $ 1,360 - $ 11 000
Michelle Gilbertson, DMV Veterinarv Services P35218 $ 14,775 $ 13,475 $ 1,300 $ - $ 14775
Kendra J iannuzzi DMV Veterinary Services P35494 $ 49,225 $ 29400 $ 19,825 $ - $ 49,225
South Bay Veterinary Hospital Outsourcino Spay/Neuter P35278 $ 3,000 $ 1,885 $ 1,115 $ 3,000
Teieoraoh Canyon AMC Outsourcin~ Spay/Neuter P35280 $ 6,000 $ 4590 $ 1,410 - $ 6,000
P6l..EmerQency & Specialty Center South County Emeroency Services P35283 $ 500 $ 391 $ 109 $ 500 $ 1,000
VOA Emeroency Animal Hospital & Referral Center Emeroencv Services P34602 $ 1,000 $ 675 $ 325 $ 300 $ 1,300
Spay Neuter Action Project (SNAP) Outsourcino Spay/Neuter P35528 $ 9,000 $ 4,500 $ 4,500 $ 9,000
Totals $ 117,000 $ 87,056 $ 25,800 $ 142,800
)>
~
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2'
-l
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVJ:J\fG THE FORMAL SELECTION
PROCESS AND APPROVING AGREEMENTS WITH DR..
BISCHEL, DVM FOR PROVISION OF A VETERINARY
PREMISE PERMIT A.ND 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 2.56.1 10 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:\ENGINEE;<.\RESOS\Res0s2008\06-II}.O&\Vet ayeements award rc..iscC: ~l' cc.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 Pennit 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 Griffm
Director of Public Works
\-<!i~tt- k~~i~
Ann Moore
City Attorney
H:\ENGINEeR.\RESOS\RC100l2008\06-!O-08\Ycl ""~<:f1U awud reviled ~ <:o:.d=
4-9
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
ANTI APPROVED AS TO FORM BY THE CITY
ATTOlU-i:EY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
(-!:~ fk- ~~~i~
City Attorney ,
Dated:
6/'f!dY
Agreement between
City of Chula Vista
And
Dr. Ginny Bischel
4-10
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Dr. Ginny Bischel, DVM
for Veterinarian Care at the Chula Vista Animal Care Facility
Tbis agreement (Agreement), dated July I, 2008, for the purposes of reference only,
and effective as of the date last executed unless another date is othetwise specified in
Exbibit A, Paragraph I, is bet'Neen the City-related entity as is indicated on Exbibit A,
Paragraph 2, as such (City), whose business form is set forth on Exbibit 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 Consultarlt
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 pIOvision of veterinarian services and a premise
license, among other duties; and
Whereas, the temi ofthat agreement expires on June 3D, 2008; and
Vlhereas, 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 pIOvided all in accord3<-:lce with the terms and conditions of
this Agreement.
(End of Recitals. Next Page starts Obligatory Provisions.)
V.Auu",ey',ELlSA',AN1MAL CARE FAClLITY\'" aLschel Al!-r~nl~nl_6-"-il~ Ju<:4111
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 v.ithi..Tl
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 0 ffered 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 Defmed
Servlces or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession CUl'Tently practicing
lmder similar conditions and in similar locations.
. 4-12
J IA,nnn,,,y.EUSA\Ai'<!.,.;AL. ('ARE FA('lLlTY\Dr 8;1~I'cl AY....",l1"'l\l_I.>-~-1J~ <.l,,~ 2
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 me 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:
(l) Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
(2) Insurance Services Office Form Number CA 0001 covenng 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
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 used,
either me genera! aggregate limit must apply separately to
this proj ectllocation or the general aggregate limit must be
twice me 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 eacb occurrence
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. - ,
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:
(I) 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
ofthe 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 Subdi vision (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 andlor Asbestos Pollution Liability andlor Errors &
Omissions coverage are written on a claims-made form:
(l) 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 rriiI'imum 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 shaH 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 Ciry 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 furnish
separate certificates and endorsements for each subconsultant. All coverage for
subconsultants are subject to all of the requirements included in these specifications.
G. Security for Performance
(l) Performance Bond
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In the event that Exhibit A, at Pa..ragraph 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,
http://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 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 of the 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
J \,.I.Cttln>ey\El..lSA',.....NIMAL CARE r,l.,('lUTy\Or -8is(~i AIIJ""..nlCllt4t>-:\...1S,-""e 46'1 6
guidance to achieve the objectives of this agreement. The City shall pennit access to its
office facilities, files and records by Consultant throughout the term of the agreement. In
addition thereto, Ciry agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 9, and with If:1e 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, adjacent to the'governing compensation
relationship indicated by a "checkmark" next to the appropriate arrangement, subject to
tbe 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,
Paragrapb 11.
An 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 iII
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 ofthis
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have llsed tbeir 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 term 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 agems (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 connectioa 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 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 ia 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 Dr 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 willfi.ll 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 ofticers, 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 passi ve 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 agamst 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, inju..ry to property, or other
toss, arising from the so \e 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,
drawirlgs, 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
[n 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 wOLlld 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
wai ves any and all claims for damages or compensation arising under this Agreement
except as set forth herein.
11. Assignability
The services of Consu],ant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer a.'lY interest in the same (whether by
assignment or notation), without prior written consent of City.
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j-'.Aw.>n,<:y\E:US.AIA.NlMAL (ARE FAC"lLlTY\Dr, Bis<:hel AF~Itn"'II~_~.5-0~ dl,,, 1 1
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
l'1 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 S tate 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~ embody1he 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 ofFarties
Each signatory and party hereto hereby "varra.TJts and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into tbis
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hAI'.1"1..:y\E.t.:SA'.ANIMAL CARE FAClU,"i\Dr aj~cnel A~~'':tt:"I_(l.5.:13 ti.,<; 1-;
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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J \At\""I..",EL.lSA\ANtMAL CARE FAC'ILITY\01 g,schd .....g'=","m_b-5-rJS,w,1l: 14
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 WITi'iESS WHEREOF, Clty and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their fun and
complete consent to its terms: .
Dated:
City ofChula 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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J Altc'''',,~\ELlS.'''\Ai'<lo\<lAL (" AP.: F....(IU,Y\Dr Bi:l..-nel Agr~"m"m_~5..~~.:1o...; 1 S
Exhibit A
to
Agreement between
City of Chula Vista
and
Dr. Ginny Bischel, DVM
for Veterinary care at the Chula Vista .A.oimal 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 ofCalifomia
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
form]
, a [insert business
("City")
3. Place of Business for City:
City ofChula 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
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l .....It,.r:Ic:]'ISllS..........NI,VlAl CAR" F'ACI!..ITY',Or 8u-el",1 ^~I~~:=nl_!).5-oa.d"..: 16
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
pllrchased for use at the Facility or by staff based at the Facility.
(4) Consultant shall wldertake 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
4-27
J.\AIW"'..yIE!.!S....\.<\,...,M....l.. C....R1: FA('IUTY\Or a;.~ho::l A!,:'''e1''':n(_bo~_O~ doe 1 7
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 Clty'S Contract Administrator or their
representative to discuss and issues or changes to current protocols as
necessary
(7) Con.sultant 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 ftnal 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 ofDeliverables:
Deliverable No. 1: Manual outlinlng 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 Clty to Consultant:
4-28
J "AUum"ylE.U;')A'.AI'IIMAL C'ARE F....C1UTY\Or 6i1~l1c! "'gr""n1e1'll_u.5-Oli.doc 18
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 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. (Xl 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 corrunence Services tinder any Phase, and shall not be entitled to the
compensation for a Phase, unless City shall have issued a notice to proceed to Consultmt
2S to sald Phase.
4-29
I "......._....\~, .""-"",,...,.1' ,"'I>~C"""l rTV\fl,. l'I",.-I,~IA"Ttttl\",n' !>.~_<l~d,.... , n
Phase
Fee for Said Phase
I. 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 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 perfoffiled by the Contractor. The practice of making interinl 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 Ammgement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximl\m 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
4-30
~ .A:llHll~y\:;:lIS""\;''''''\MAL C...RE FACILlTY\Dr. B;,~h~1 AS'I"!:",,,,,,:>/_("'~";l8 ~:>t; 20
At such tille as Consultant soall have incurred time and materials equal to
(Autftorization Limit), Consultant shall not be
entitled to any additional compel'..sation wimout further aumorization 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
HomIy Rate
$
$
$
$
$
) Hourly rates may increase by 6% for services rendered after [month], 20_,
if delay in providing services is caused by City.
1 I, Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in me 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
$
() Omer-Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
$
$
$
J.\A:lur1\<:yIEi../SA\,.l"NJMAl. CARE F.'LlI,.17Y\Dr Bisehel A;rc~m..m_b.5";1~ :ir..,~ 421 31
12. Contract Administrators:
City:
Jack Griffin, Director 0 f Pub lic Works
Consultant:
Dr. Ginny Bischel, DVM
l3. Llquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
[nterest 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, constmction 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 S01.lrces 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:
4-32
J:'Al(U,,,ey,EL1SA\ANIMAl CARE FA('IUTy\O... ai~che: Agr"~m,,nl_t>-5-m;,<luc 22
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
(X) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant'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 t.'1e payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
4-33
} 'Atl<'''lc)',E.L1~A\ANI,'.(AI_ CARE ~ACIUI'\'~Or 6iscl,d A~r.:c"'C"'_t>_~ns o.kn:: 23
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
( ) Retention Percentage:
( ) Retention AmOli.'lt: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
4-34
hAt!"l1\ey\~lISAtANIMAL(ARE f'ACIUTYlDr 3isc~1 Ag:"e"!1len{.I)-~.ns Q(IC 24
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FOR.1\1 BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~L,__ll /~ ~
City Attorney
Dated:
(yIlt/oJ
~. I
Agreement between
City of Chula Vista
And
Dr. Kendra A. Jiannuzzi
4-35
Parties and Recital Pagers)
Agreement between
City af Chula Vista
and
Dr. Kendra A. Jiannuzzi, DVM
far Veterinarian Care at the Chula Vista lvumal Care Facility
This agreement (Agreement), dated July l, 2008, for the purposes of reference only,
and effective as af the date last executed unless anather date is otherwise specified in
Exhibit A, Paragraph 1, is between the City-related entity as is in.dicated on Exhibit A,
Paragraph 2, as such (City), whose business farm is set farth an Exhibit A, Paragraph 3,
and the entity indicated an the attached Exhibit A., Paragraph 4, as Cansultant, whase
business farm is set farth an Exhibit A, Paragraph 5, and whose place af business and
telephane numbers are set forth an Exhibit A, Paragraph 6 (Cansultant), and is made with
reference to. the fallowing facts:
Recitals
Whereas, City awns and aperates the Chula Vista Animal Care Facility, a municipal
animal care facility (the "Facility"); and
Whereas, Dr. Darathy Yark, DVM, the AJ.1imal Care Facility Manager retired an
December 29, 2007; and
Whereas, the State af Califarnia 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 an the State Veterinary Premise
License far the Facility, assist staff in reviewing the aperatians af the Facility, and find a
permanent long-term salutian far the provisian af veterinarian services and a premise
[icense, amang ather duties; and
Whereas, Cansultant is a licensed California Veterinarian; and
Whereas, the City entered into. an agreement with Cansultant dated February 7, 2008
to. pravide veterinarian care, treatment and perform spay and neuters at the Animal Care
Facility; and
Whereas, the term afthat agreement expires an June 30, 2008; and
Whereas, the City, Dr. Bischel, and Consultant anticipate that the Califarnia
Veterinary Premise Permit will be trfu"1sferred fram Dr. Bischel to Consultant; and
Vlhereas, Cansultant warrants and represents that she is experienced and staffed in a
manner such that she can prepare fu"1d deliver the services required of ConsuHant to. City
J 'AU<~"ci-El.lSA\ANIMALCARE FACll.ITY\Or Hanlluni A!P"='I,,:~[_t>-~-Os'~13 6
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.)
4-37
J "Au.onlCf.E1..JSA'AN1MAL C,,",,RE FAC1LJTY\Or Ji"',,",uui Ai'e"",o:n(_t!-5.08 d<Je 2
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 frc.mes 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,
excepr 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 Defmed 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 1O(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.
J-\All0mcy',EL1SAIA.NfMAL CAR.E FA('ILJTY\Dr. }i::n>r'uai ^s:'.~~m"'1r tl.)_os w~ ~ 3 8,- 0
F. Insurance
Consultant must procure insurance agail'..st 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 co=encement
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:
(I) Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOOI).
(2) Insurance Services Office Form Number CA 0001 covenng Automobile
Liability, Code I (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 mllst 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 used,
either the general aggregate limit must apply separately to
this project/location or the general aggregate linlit must be
twice the required occurrence limit.
$1,000,000 per accident for bodily injury 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
J--.A~tl'''\~ylEUSA\ANIMAL. ("'~.E FACIUfYiDr J;~lInu:t; A~rce-lnenc_/>.5.(JS,du(' 11
~
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option oftlJ.e City, either the i!lSUrer 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 Enancial 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, t.'16 worker's
compensation policies are to contain, or be endorsed to contain, the following provisions:
(1) 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 prinlary
insurance as it pe11ains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-irisurance 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, rehllll 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 ofthis contract.
If General Liability, Pollution andlor Asbestos Pollution Liability andlor Errors &
Omissions coverage are written on a claims-made form:
4-40
J '.':"'I""'~y\ELlSA':AN(MAL CAR::: F^CtT...J rY"Dr l;~""\llli Al>,';Cml:l1t~l.l-.i.O$ due ')
(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
fi ve (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 nlrnish
separate certificates and endorsements for each subconsultant. 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 "Perforrna..TJ.ce Bond), then Consultant
shall provide to the City a performance bond in the form prescribed by the City and by
1\ IE' .. 4-41
Au...."ey Ll A\.ANIMA(,.CARE FACIL.ITY\Dr J,annacl A!;reern~nl_I>-5-03 d<.><;: 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.iiTIS.treas.~ov;c570, 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
Exhiblt A, Paragraph 18.
(2) Letter of Credit
In the event tbt 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 LlTevocable Letter of Credit callable by t.lJ.e 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 Perfornlance 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 Defmed 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 understandiing that delay in the
4-42
i "All1.",,,,,y\ELlS,t.,\AN1MAL C....~E FACtl.r.Y\Dr. Jiunnlltti A~l""n(_().~.(Jg doc 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 al1d
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
11.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the Ctty to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account nun1ber indicated
orr 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
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.
It is acknowledged by both parties that tin1e 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 amolmt to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in
this Agreement shall result in the foilowing penalty: For each consecutive calendar day in
excess of the time specified for the completion of the respective work assignment or
J '-':mr=1,EL.ISA'ANli\lIAL C'ARE.fA('l1.1TY\Dr )imullIzzi .l.,l<re~"'~U.."5-l1ll d.r..4i43
Deliverable, the Consullam shall pay to the City, or have withb.eld from monies due, the
sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated
Damages Rate).
Time extensions for delays beyond me Consultant's control, omer man delays caused
by the City, shall be requested in wTiting to me 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 me work and will not be gr~-:!ted 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 govemmental 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 telID 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
ConsLtltant'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
prohiblted by the Fair Political Practices Act.
. 4-44
J '.An,,",~,...E~tSA\ANIMAI. (A":' ;:"AC"II..ITYiOr J;i1'lIIUa! Asr...mcnt_I>-5.(ni.:oc 9
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant Willer
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 Ln. 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, wharsoever 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 SLlch Prohibited
Interest witl1in the Tean 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 Cons1.lltant 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,
4-45
J:\Attr"l11'C"yIEUSA"ANIMAL.CARE FAC1UTY\Dr. J~nllllcj ^sre~cnr_b-5..cg i.Ioc 10
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agems or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, inderrm.ify, protect and hold harmless the City, its elected and
appointed officers arid employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) except for those claims arismg
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, lts 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. ConsLlltant's obligations under this Section shall survive the terrrination 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) Inderrmification 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, conIlected 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) Inderrmification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, ll],e Consultant agrees to inderrmify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, includL'1g 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
llability for damages for death or bodily injury to persons, injury to property, or other
1 Au..,,,u:l"El.IS....V..Nlfo<IAL CARE FAC1Ll,Y\D' Ji~",,~zz; AF~~(rwnl-,.>.~.(l~ o.k.j;~ 4 6
loss, arising from the sole negligence, willfcl! 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 fcI.!fill 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. Tem1ination 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 docmnents
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 hereil,.
II. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not tram fer any interest in the same (whether by
assignment or notation), without prior written consent of City.
J,'.Al(UnM:y\EUSA\ANIMAL CARE FAC'lLITY\Or. J;;J.nnuni A,r-eeJ1O:I1I_("'~-OSdo1124 7
City hereby consents to the assignment of the portions of the Defmed Services
identified in Exhibit .A., Paragraph 16 to the subconsultams identified t'1ereat as
"Permitted S ubconsultants."
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, inforrnc.tion, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreemem shall be the
sole arId exclusive property of City. No such materials or properties produced in whole or
in part under t.'1is Agreement shall be subj ect 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 COlltractor
City is interested only in the results obtained and Consultant shall perform as an
indepelldent cOlltractor 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
ConsultaIlt'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 all 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,
retiremellt 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 SUtt 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 ofthe 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
4-48
)..,.l.:tu,"'.c~\ELISA\ANIMAL CARE FAC'lLIT':,Or Jinnnuzri A!;'com<l\I_U-5-0S <.Iuc II
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.
1 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 blnd 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 relatlng 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
4-49
'"\Art'ml1:')'IELI$AIANIMAL. CARE FAC1L1TY\Dr. Jiannut%i A.[I:l"eellleru_6.5..i)S 0.".; 14
Agreement, and that all resolutions or other actions have been ta.\cen so as to enable it to
enter into this Agreement.
F. Governing Law/Venue
Thjs Agreement shall be governed by and construed in accordance with the laws of
tile State or California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego COlmty, 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 ofChu]a Vista.
(End of page. Next page is signature page.)
4-50
J ,AttUI11<,:<IEUSA\ANIMA!.. CARE FAClL.ITY'.Or_ Jiollmu.::;:i Aj,lre<:Il,..m_l>-5-I\S <l<.>c 1 ')
Parties and Recital Pagels)
Agreement between
City ofChu]a 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 Lmderstood same, and indicate their full and
complete consent to its terms:
Dated:
CityofChula Vista
By:
David R. Garcia, City Manager
Attest:
Donna Norris, Interim City Clerk
Approved as to fonll:
City Attomey
Dated:
~/s/og
Dr. Kendra A. Jiannuzzi, DVM
/1 ~ ~ W"--
Dr. Kendra A. Jiannuz ,DVM
Exhibit List to Agreement
(X) Exhibit A.
(Xl Agreement between the City and Dr. Jiannuzzi dated February 7, 2008
J Al\"nl~Y EU5,\ .\Nl:>.tAl..("AkE FA('1UTY Dr Ja.,"":L.li .....t,:r='ldlt.....~.II11 J.,~ 16
4-51
Exhibit A
to
Agreement between
City of Chula Vista
a.'1d
Dr. Kendra A. Jiannuzzi, DVi\iI
for Veterinarian Care at the Chula Vista Animal Care Facilitv
.
I. Effective Date of Agreement:
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State ofCalifomia
) Redevelopment Agency of the City of Chula Vista, a political Sl.lbdivision of the
State ofCalifomia
) 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
PO. Box 3122
Ramona, CA 92065
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
4-52
J.",Al:l,",<%=l.ISA'<At'iiMA[.C'A.!<.: FACll.IT"i\Or Ji;m~lIdA~..ee'I>e'1f_('I.5.0S ciuc 17
6. Place of Business, Telephone and Fax Number of Consultant:
\ 543 Weekend Villa Road
Ramona, CA 92065
Voice Phone: (760) 788-\061
Fax: (760)
7. General Duties: Veterinarian care at the Chula Vista Animal Care Facility
8. Scope of Work and Schedule:
A. Detailed Scope of'vVork:
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 Consultant 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
4-53
J '.A((\",~SU::;"\AI'lIMAL. CARE F....C'ILlTy\Dr Jiu~rw1:Zi "'~m"\lt_o-~-Cl! ~'< 18
Veterinary Premise Permit. If the t= of tills Agreemeut 15 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 Senrices 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
( ) l. 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 fL111
retention has been held back from the compensation due for that phase.
Percentage of completlon of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the
City, or suer. 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 t':1e times or milestones or Deliverables set forth.
Consultant shall not commence Services under any Phase, and shall not be entitled to t.~e
compensation for a Phase, lmless City shall have issued a notice to proceed to Consultant
as to said Phase.
4-54
J ,.~u~~-:,~ELlSA\....Nlf\.IAL (ARE FAC'lUTY,Or J;anl,,,ci ....S'.o:e,,'<:!l(_(..5-l1H due 19
Phase
1.
Fee for Said Phase
$
$
$
2.
"
.),
( ) 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 convel1 this agreement to a time and materials basis of
payment.
c. (X) Daily Rate Arrangement
For perfonnance ofthe 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)Lirnitation without Further Authorization on Time and Materials
Arrangement
I' -, ",4-55
'Atwll1..ylo:.USA\ANUvIAl. (AR.E FAC'IL.rTY\Dr JI;mnUUI A"lll"1l1enl_Cl.~.Og lll,'l; 20
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 furt.her authorization issued in writing and approved by Lhe
City. NoLi1ing herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense.
Rate Schedule
Category of Employee
Name of Consultant
Dr. Kendra A. Ji&Jllllzzi
Dr. Kendra A. Jiannuzzi
Hourly Rate
$ 500.00 for an 8-hour
day without Veterinary
Premise Permit
Half-Dav Rate:
$300.00 for 4 hOllrs/
day
$600.00 for an 8-hour
day with Veteri.narv
Premise Perrnit
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
servLces herein required, City shall pay Consultant at the rates or amounts set forth
below:
(X)None, the compensation lncludes 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 $
$
$
$
) 'Anu"''''f.eLlSAI....NIo\lIAl. CARE FAC"lL.;,Y'.Cl~. j",n~lI.::::ti ).,F"'m:l,,_e:.~.rlS:.k.g215 6
12. Contract Administrators:
City: Jack Griffin
Director of General Services
Consultant:
Dr. Kendra A. Jla."1lluzzi, 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
Project Property, if any:
J,.AII\'m:y"=Ll5AV,NI.\<lAI.. CAR~ rACiLlTY\Dr Ji.!mwni A!....=rl!1;nl_!)-~.llS W.~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 ofthe Month
(X) 15th Day of each Month
( ) End ofthe 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 entitied to relain, at their option, either the folloVoing "Retention
Percentage" or "Retention lunount" until the City determines that the Retention
Release Event, lisled below, has occurred:
l"All1.lnl~y'.E.L1SA'.ANIMAL CARE FACI'~,Y\Or Jian""ai ....iJ~'"O:'!( b_~.mtdl.'(;4?~ 58
- _.J
) Retention Percentage:
) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other: .
4-59.
J 'Ar,,,,,,o:y'lEl..J$.J,IANIMAL CARE FACILrTY\Dr. Ji;mnuai A~O:"'ltur_e>.~~"J8 <h.'1; 24
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA At\1ENDlNG THE FISC.A.L YEAR 2007/2008
BUDGET BY TRANSFERRING $142,800 FROM
UNANTICIPATED ANIMAL C.ARE FACILITY PERSONNEL
SALARY SAVINGS TO SERVICES AND SUPPLIES FOR
CONTRi\CTUAL 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 of Chula 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:
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City Attorney
Jack Griffin
Director of Public Works
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