HomeMy WebLinkAboutAgreement A-15-429-1 with FHAS.pdfCOUNTY OF FRESNO
Fresno, CA
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AMENDMENT I TO AGREEMENT
THIS AMENDMENT, hereinafter “Amendment I”, is made and entered into this _____ day of
________________, 2017, by and between the COUNTY OF FRESNO, a political subdivision of the
State of California, hereinafter "COUNTY", and FRESNO HUMANE ANIMAL SERVICES, a
California Non-Profit Public Benefit Corporation, hereinafter ”FHAS”. Reference in this Amendment
I to “parties” shall be understood to refer to COUNTY and FHAS, unless otherwise specified.
WHEREAS, the parties entered into that certain Agreement, identified as COUNTY Agreement
No. 15-429, (hereinafter “Agreement”) whereby FHAS agreed to provide animal control, shelter,
sheltermaster, and emergency veterinary services for animals and to enforce the COUNTY’s dog
licensing and control ordinance from the unincorporated areas of the COUNTY.
WHEREAS, the parties desire to amend the Agreement regarding changes as stated below and
restate the Agreement in its entirety.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the parties agree as follows:
1.That beginning on Page Seven (7), Line Seven (7) with the word “For” and ending on
Page Seven (7), Sixteen (16) with “($1,247,034)” be deleted and the following inserted in its place:
“For year two (October 1, 2016 through September 30, 2017), in no event shall all
Services performed under this Agreement be in excess of One Million, One Hundred
Seventy-Five Thousand, Four Hundred Fifty and No/100 Dollars ($1,175,450). For year
three (October 1, 2017 through September 30, 2018), in no event shall all Services
performed under this Agreement be in excess of One Million, Four Hundred Twenty-
Two Thousand, Nine Hundred Twenty-Five and No/100 Dollars ($1,422,925). Each
twelve-month auto renewal period shall increase at a rate of three percent from the prior
year compensation as follows: for year four (October 1, 2018 through September 30,
2019), in no event shall all Services performed under this Agreement be in excess of
One Million, Four Hundred Sixty-Four Thousand, Three Hundred Ninety-Three and
No/100 Dollars ($1,464,393); for year five (October 1, 2019 through September 30,
12th
December
Agreement No. 15-429-1
COUNTY OF FRESNO
Fresno, CA
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2020), in no event shall all Services performed under this Agreement be in excess of
One Million, Four Hundred Sixty-Six Thousand, Four Hundred Fifty-Five and No/100
Dollars ($1,466,455).”
2.That the following be inserted beginning on Page Seven (7), Line One (1):
“In addition to the equipment listed above, the COUNTY shall, as compensation for the
services FHAS provides herein, provide to FHAS the sum of $67,500 for FHAS to
purchase one (1) Ford F250 Pickup truck equipped with animal containment unit(s), or
other comparable vehicle as approved by COUNTY in writing prior to FHAS
purchasing the vehicle. FHAS shall hold title to this vehicle and shall be solely
responsible for any and all initial purchase, and ongoing, taxes, licenses, and registration
costs for this vehicle. Additionally, FHAS shall be solely responsible for any and all
insurance coverage(s) for this vehicle, which insurance coverage(s) shall be approved in
writing by COUNTY prior to FHAS obtaining the insurance coverage(s).
Notwithstanding any provision(s) to the contrary in this Agreement, upon termination of
this Agreement pursuant to Section V. 1. subdivisions (i), (iii), (iv), (v), (vi) or (vii)
herein, FHAS shall transfer title to this vehicle to COUNTY without any set-off
whatsoever.”
3.That “Exhibit A” is deleted in its entirety. All references to “Exhibit A” shall be changed
to read “Revised Exhibit A,” attached hereto and incorporated herein by reference.
4.That “Exhibit B” is deleted in its entirety. All references to “Exhibit B” shall be changed
to read “Revised Exhibit B,” attached hereto and incorporated herein by reference.
COUNTY and FHAS agree that this Amendment I is sufficient to amend the Agreement; and
that upon execution of this Amendment I, the Agreement, and Amendment I together shall be
considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement, and not amended herein, shall remain
in full force and effect. This Amendment I shall become retroactively effective October 1, 2017.
///
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Revised Exhibit A
Page 1 of 7
SCOPE OF WORK
Animal Control Services Program
The contractor is fully responsible for operation of the County’s animal shelter, providing animal control
services required by and in accordance with the laws, regulations, ordinances and codes of the State of
California and County of Fresno. The contractor is required to provide services in a manner that provides
for the protection of persons from wild and dangerous animals while providing humane care and
treatment of animals while they are in the County’s animal shelter or in custody of contractor’s field
personnel.
The contractor must establish protocols and procedures in accordance with the Guidelines for Standards
of Care in Animal Shelters published by The Association of Shelter Veterinarians; and perform its
contracted duties and responsibilities in a manner that ensures the following:
Provide safety to the public by handling vicious, stray, and lost animals,
Provide safe shelter for animals impounded
Have a process for residents to report lost or found animals and return as many animals as
possible to their rightful owners,
Work cooperatively with animal rescue organizations, and humane societies for permanent
placement of unclaimed adoptable animals, and
Minimize the number of healthy adoptable animals required to be euthanized.
The contractor shall provide a comprehensive service model that includes an adequate number of
qualified shelter and field personnel, animal containment vehicles and all necessary equipment to fulfill
the duties, responsibilities, and services set forth herein.
Service area shall be limited to animals from the unincorporated areas of the County
Administration and Personnel
The contractor is responsible for the operation and maintenance of a safe and adequate shelter for the
confinement, handling and disposal of animals picked up by or delivered to the County shelter, as
hereinafter provided, together with any and all apparatus and equipment, services, supervision, and labor
necessary in order to perform said shelter services.
Administrative Requirements
The contractor must designate a director or administrator with authority to oversee the administrative
requirements of the contract, ensure the delivery of all contracted services, and serve as the primary
contact to the County contract administrators. Such duties include, but are not limited to, recruitment,
staffing, data gathering and reporting, financial monitoring, policy and procedure development,
coordination of on‐site and off‐site services, and other management duties.
Revised Exhibit A
Page 2 of 7
a. The animal shelter will operate according to a program budget within the amount specified in
the contract.
b. Comprehensive recordkeeping and tracking of individual animals in the animal shelter will be
maintained and regularly reported to the County.
c. Financial accounting of the animal shelter and adoption program will be separate from other
financial activity of the contractor.
d. The contractor will coordinate with the County to achieve seamless and efficient data
management across shelter, adoption, enforcement and licensing programs.
e. Contractor shall maintain well defined, up‐to‐date written policies, procedures, protocols and
reference manuals consistent with the Guidelines for Standards of Care in Animal Shelters
published by the Association of Shelter Veterinarians
f. The contractor will be required to meet with County monthly or more frequently as requested by
the County to evaluate statistics, program needs, issues, or problems.
g. The contractor shall ensure adequate supplies, including pharmaceuticals, are available on site to
guarantee that the sheltered animals are properly cared for.
h. The contractor shall promptly investigate and respond to all complaints regarding animals, shelter
services, or field services. All complaints received by contractor shall be documented,
investigated, and when appropriate corrective actions taken to resolve concerns. Documentation
of complaints shall be logged using a County approved format.
i. The contractor will cooperate fully with the County appointed Ombudsman and process in the
investigation of any concern or complaint received.
j. The contractor must provide written response to any finding or inquiries resulting from the County
audit process, and must promptly develop and implement corrective actions as indicated.
k. The contractor must engage in an open, collaborative, and communicative working relationship
with contract administrators and other County officials.
Personnel Requirements
a. The contractor shall hire qualified and trained staff appropriate to their positions to assist and
carry out the duties and obligations of services described in this scope of work.
b. The contractor’s agents and employees shall treat the public with courtesy, tact, and due respect
at all times in performing all duties and obligations under contract with the County.
c. Contractor shall perform an adequate criminal and DMV background check on each employee to
ensure staff is suitable for contact with the public and fit to perform the assigned tasks entrusted
to them.
d. The number of shelter staff on duty shall be at a level sufficient to provide service to the public via
phone as well as in‐person at the front desk at all times during regular business hours.
e. At all times, a reasonable number of animal field service officers qualified and capable of
performing and enforcing animal control law relating to domestic animals in the unincorporated
areas of the County.
f. The animal field service officers hired by the contractor shall be duly qualified service officers.
They will not carry handguns in the performance of their duties but may carry less‐than‐lethal
weapons.
Revised Exhibit A
Page 3 of 7
g. Comply with personnel policies and procedures that conform to federal and state laws with
respect to hiring and firing practices.
Animal Control Services
Animal Intake
Every incorporated city within the County of Fresno is mandated to provide its own animal control
program within its jurisdiction. The contractor is responsible for receiving animals found within the
unincorporated boundaries of the County.
a. Basic information about the location of an animal being dropped off and the person dropping the
animal of shall be completed for all animals at intake using a County approved format.
b. Each animal’s physical condition, medical needs, and behavior will be assessed upon arrival at the
shelter.
c. Immediately, or as soon as practical, dogs will be vaccinated for Parvo and Distemper and, if
necessary, treated for fleas, ticks and worms.
d. A dog that is dangerous or potentially carrying highly infectious disease that may threaten the
health and safety of other animals or humans may only be accepted if suitable quarantine areas
are available. If no suitable space is available, the veterinarian shall be consulted to determine
appropriate options.
e. Animals in medical distress at the time of pick‐up will be treated by a veterinarian and will be in a
medically stable condition before being brought to the shelter.
f. Animals will be assigned housing with consideration for species, sex, medical condition, behavior
and temperament.
g. The contractor shall keep comprehensive records of shelter intake, including visible kennel cards
with pertinent information.
h. The contractor will not be required to accommodate after‐hour drop offs.
Shelter Operation
The contractor will operate the County’s animal shelter and provide services in accordance with the
provisions of Fresno County Ordinance Code Chapter 9.04, including but not limited to Section 9.04.020
thereof; and California Food and Ag Code Section 31105 and Title 17, California Code of Regulations.
a. Animals in the shelter will be treated with care and respect. The contractor will maintain a clean
and safe facility for the confinement of animals handled by the shelter.
b. The shelter facilities shall be kept secure.
c. The contractor will establish public hours for animal drop off, reclamation, and adoption. The
shelter shall be open to the public from 10:00 a.m. to 6:00 p.m. on weekdays, and from 1:00 p.m.
to 4:00 p.m. on Saturdays. The shelter is not required to be open to the public on County
recognized holidays.
d. The contractor will develop and follow a clear set of protocols regarding shelter admission and
intake procedures, care and welfare of animals, employee conduct and shelter and adoption
operations.
Revised Exhibit A
Page 4 of 7
e. Animals shall be held the requisite time period as required by applicable law prior to adoption,
release to animal rescue, or being euthanized.
f. Contractor shall release dogs to owners only after having been properly vaccinated and licensed.
Unvaccinated shall only be released to dogs to owners in extraordinary circumstances and upon
the written approval of the Department of Public Health.
g. The Contractor shall not receive donations for the provision of services provided herein.
Quarantine services
a. Pick up, accept, care for and quarantine dangerous animals in individual kennels in an isolated
section of the shelter. Animals that have bitten humans must be held and observed for ten (10)
days.
b. The contractor may be required to hold animals related to criminal prosecutions or reasons other
than animal control regulations.
c. Remove and deliver to the Department of Public Health the head of any animal which dies while
being held in observation. The contractor will not be responsible for associated lab costs.
Adoption, Placement or Transfer of Animals
a. Every reasonable effort shall be made to identify each animal’s rightful owner and return the
animal to its owner prior to release of the animal through adoption, placement with a rescue
agency or transfer to an animal rescue organization.
b. Adoption will be promoted through a variety of outreach strategies including internet, advertising
and offsite events.
c. When possible animals will be released to non‐profit animal rescue or adoption organizations at
the request of the non‐profit organization in accordance with the County’s established criteria and
guidelines.
d. Partnerships with rescue groups, community organizations, and other animal welfare agencies will
be developed and maintained by the contractor.
e. Litters of puppies will be made available for release to rescue organizations as soon as possible.
f. Dogs are to be spayed or neutered, and micro‐chipped as a condition of adoption.
g. Dogs adopted to individuals residing in the unincorporated County boundaries shall be licensed as
a condition of adoption.
h. An animal that has been released from the animal shelter through adoption will no longer be the
responsibility of the contractor or the County.
Euthanasia
a. Contractor should make every effort not to euthanize any healthy animal including making
reasonable attempts relocate or place the animal with a rescue agency.
b. The contractor shall develop and follow a clear protocol on the use of euthanasia.
c. Animals which have been declared vicious, terminally ill, or contagious may be considered for
euthanasia at the discretion of the veterinarian.
d. The contractor shall provide for the euthanasia of domestic animals, if warranted, once the
applicable hold period is completed in compliance with Food and Agriculture Code Sections 31108
and 31752, no animal rescue or foster options are available, and no shelter space is available.
However, adoptable animals must first be made available to other entities for adoption.
Revised Exhibit A
Page 5 of 7
e. Destroying of animals shall be in the most advanced and humane manner, and in accordance with
any federal, state and local law or regulation now or hereinafter in effect that regulate the
destruction of animals.
Field Services
The contractor shall dedicate at a minimum four (4) full‐time equivalent Animal Control Officers along
with four (4) animal control vehicles to the unincorporated of Fresno County.
Priority of Response during Field Service Hours
The contractor shall have four animal control offers respond to calls for Animal Field services between the
hours of 8:00 AM and 5:00 PM daily (“Field Service Hours”) according to the three (3) priorities listed
below.
Priority One Responses: A prompt essential emergency response shall be provided for the following:
a. Any law enforcement agency requesting immediate emergency assistance or a call at the direction
of the Health Officer or his designee.
b. Animal bite, where the animal continues to pose an immediate threat.
c. Any animal either known to be dangerous or vicious by previous determination or that is
perceived to be a threat or menacing to those individuals reporting the event.
d. Any live domestic animal, which is presenting an immediate hazard to humans, such as live
domestic animal in traffic lanes of a major thoroughfare or highway.
e. Any domestic animal that is sick, injured, or in immediate danger.
f. Any domestic animal that is at immediate risk due to animal cruelty or neglect.
Priority Two Responses: A prompt response, if not preempted by Priority One calls during Field Service
Hours:
a. Any domestic animal bite, where the animal is contained.
b. Any dog running at large where a violation is in progress but where the dog is not posing a threat
to itself or the public.
c. Any law enforcement agency requesting non‐emergency assistance.
d. Pick‐up of a confined stray dog.
e. Pick up of dead animals. Pick‐up or arrange for the disposition of dead animals found upon a
public street or place within the unincorporated Fresno Metropolitan area defined by the County
Ordinance as soon as practically possible, but not exceed (48) hours in the unincorporated areas
from the receipt of a call for pick up. All other dead animal pick‐up on a public street or place in
the unincorporated area shall be provided as soon as is practically possible. Assist with arranging
proper disposal of said animal on private property only when such constitutes a threat to public
health, and in accordance with federal or state law or County Ordinance Code.
Priority Three Responses: An Animal Field Service Officer will always follow up as soon as reasonably
possible. Repeated offenses will be served as Priority One calls when staffing allows.
a. Dog running at large when the violation is not in progress.
Revised Exhibit A
Page 6 of 7
b. Education calls, i.e. leash‐law, animal license, services provided.
c. Special requests to address a specific area or neighborhood that needs additional monitoring.
This will be done on a case‐by‐case basis.
d. Non‐emergency calls not defined above.
Priority of Response After Hours
The contractor will provide one on‐call duty officer to provide emergency responses to Priority One
Responses during Non‐Field Service Hours. Non‐Field Service Hours are defined from 5:00 PM to 8:00 AM
Monday through Friday and on weekends from 8:00 AM Saturday through 8:00 AM Monday.
Leash Law Enforcement
The contractor shall enforce the County’s Leash Law Ordinance under Chapter 9.04 of the County
Ordinance Code (which is now in effect or hereafter amended from time to time) requiring dogs to be kept
on a leash or under the immediate control of their owners when not on said owner’s property.
Contractor agrees to provide properly trained animal control officers to enforce County ordinances.
Specified staff requirements may vary from year to year as mutually agreed upon by both the contractor
and the County.
a. Provide patrolling activities within the unincorporated Fresno Metropolitan Area to pick‐up
licensed dogs running at large and/or cite their owners for violation of the County’s Ordinance
prohibiting animals running at large.
b. Pick‐up of unlicensed dogs and other animals, excluding domesticated livestock, when notified by
the general public or property owners, be scheduled as soon as is practically possible when the
animal is reasonably confined and accessible.
c. Promptly pursuing and capturing animals running freely when the animal is a threat to public
health, as determined by appropriate County health officials, or the animal is an immediate threat
to public safety, as determined by law enforcement officers.
d. Provide patrolling activities to pick‐up unlicensed dogs running at large in the unincorporated area
of the County in response to extraordinary animal control problems identified by the County.
The contractor shall perform any other minor tasks that are requested by the County provided that they
are directly and reasonably related to the performance of its obligations under the Agreement.
Emergency Veterinary Care of Injured Animals
A California Licensed Veterinarian shall be responsible for all veterinary care, including the following:
1. Arrange for the appropriate veterinary care of injured animals found running at large.
2. Provide emergency veterinary services, including diagnosis and treatment, which may be rendered
to injured dogs or cats found without their owner in public places.
3. Make a determination as to any other emergency veterinary services that may be rendered in
unusual emergency circumstances if deemed absolutely essential.
4. Take all reasonable measures to recover all costs incurred for veterinary services, emergency or
otherwise, from animal’s owners.
Revised Exhibit A
Page 7 of 7
Pet Licensing
Implement the County dog licensing program including the issuance and renewal licensing.
a. Manage the daily operations of animal licensing including, but not limited to the processing of
licensing mail from pet owners, processing license sales, tags and vaccination reports, entering
licensing, vaccination data and citations.
b. Assume the invoicing and annual renewal of licenses.
c. Issue replacement tags to citizens whose license tags have been lost, stolen or damaged.
d. Process rabies vaccination certificates and mail notices to those pet owners who vaccinated their
pet(s) against rabies, but did not purchase license(s).
e. Deposit all receipts collected for license fees and citations, with the exception of those payments
made via credit card into County bank account.
f. Provide a monthly report of animals licensed in a mutually agreeable format.
g. Communicate with citizens by phone, mail or email as needed.
h. Comply with all state and local laws governing animal licensing.
Community Cat Program
Implement a community cat program to address the feral cat population.
a. Implement a trap/neuter/release (TNR) program.
b. Trapped cats that exhibit friendly temperaments may be accepted into the FHAS adoption
program.
c. Injured or diseased cats will not be returned to the colony, reducing the spread of feline diseases.
d. Cats are to be spayed or neutered as a condition of adoption.
e. Implement an education and outreach program to reduce the unwanted cat population.
COMPENSATION SCHEDULERevised Exhibit BPage 1 of 2Year 1 Year 2 Year 3(Oct 1, 2018 ‐ Sep 30, 2019)Year 4(Oct 1, 2019 ‐ Sep 30, 2020)Year 5Salaries 446,000$ 446,000$ 507,200$ 522,416$ 538,088$ Benefits 89,200$ 89,200$ 104,400$ 107,532$ 110,758$ Services & Supplies 254,500$ 252,750$ 329,025$ 338,896$ 349,063$ Vehicle Costs & Equipment 57,500$ 10,500$ 10,500$ 10,815$ 11,139$ Other 14,250$ 14,250$ 14,250$ 14,678$ 15,118$ TOTAL 861,450$ 812,700$ 965,375$ 994,336$ 1,024,166$ Salaries 182,000$ 182,000$ 217,300$ 223,819$ 230,534$ Standby & Overtime 15,200$ 15,200$ 15,200$ 15,656$ 16,126$ Benefits 38,800$ 38,800$ 47,650$ 49,080$ 50,552$ Services & Supplies 5,600$ 5,600$ 12,500$ 12,668$ 5,941$ Vehicle Costs & Equipment 222,850$ 33,650$ 67,400$ 68,410$ 35,699$ Other 2,500$ 2,500$ 2,500$ 2,575$ 2,652$ TOTAL 466,950$ 277,750$ 362,550$ 372,207$ 341,504$ Services & Supplies TOTAL 35,000$ 35,000$ 45,000$ 46,350$ 47,741$ Contingency Fund ** TOTAL50,000$ 50,000$ 50,000$ 51,500$ 53,044$ Year 1 Year 2 Year 3 Year 4 Year 51,413,400$ 1,175,450$ 1,422,925$ 1,464,393$ 1,466,455$ Compensation for renewal periods (years 4 & 5) shall increase at a rate of three percent (3%) from the prior year compensation, less one time purchase of new vehicle and tasers amortized in years 3 and 4.Auto renewal Periods * Emergency veterinary costs are paid by COUNTY upon approval of invoice remitted by FHAS in accordance with Agreement provisions. ** Contingency Funds shall provide for unforeseen expenses required of FHAS by COUNTY. Anticipated expenditures should be approved by County in advance and requests for payment shall be invoiced. Shelter OperationsEmergency Veterinary Services *GRAND TOTALField Services
COMPENSATION SCHEDULE Revised Exhibit B
Page 2 of 2
Amount
Startup Payment September, 2015 23,850
Vehicle Payment
12 Monthly Payments
(Oct, 2015 - Sep, 2016)
TOTAL 1,328,400
Emergency Vet (paid by invoice) 35,000
Contingency (paid by invoice) 50,000
YEAR 1 BUDGET 1,413,400
1 Payment October, 2016 90,869
11 Monthly Payments November, 2016 - September 2017 90,871
TOTAL 1,090,450
Emergency Vet (paid by invoice) 35,000
Contingency (paid by invoice) 50,000
YEAR 2 BUDGET 1,175,450
1 Payment October, 2017 90,865
11 Monthly Payments November, 2017 - September 2018 112,460
TOTAL 1,327,925
Emergency Vet (paid by invoice) 45,000
Contingency (paid by invoice) 50,000
YEAR 3 BUDGET 1,422,925
1 Payment October, 2018 113,874
12 Monthly Payments October, 2018 - September 2019 113,879
TOTAL 1,366,543
Emergency Vet (paid by invoice) 46,350
Contingency (paid by invoice) 51,500
YEAR 4 BUDGET 1,464,393
1 Payment October, 2019 113,804
11 Monthly Payments November, 2019 - September 2020 113,806
TOTAL 1,365,670
Emergency Vet (paid by invoice) 47,741
Contingency (paid by invoice) 53,044
YEAR 5 BUDGET 1,466,455
Monthly Payment Schedule
Paid upon receipt of valid purchase order for vehicles
and animal containment units
Calculated as: ($1,328,400, less Startup Payment, less
Vehicle payment)/12