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HomeMy WebLinkAboutGOOD BIRD, INC. (BARBARA'S FORCE FREE ANIMAL TRAINING)INSURANCE ON FILE WORK MAY PROCEED ZL th URANCE EXPIRE$ cI �1-14--12�L� �- DArE: ACT 17 1025 N-2025-260 Mary tong (D2) AGREEMENT WITH BARBARA'S FORCE FREE ANIMAL TRAINING DBA GOOD BIRD, INC. TO PROVIDE ANIMAL TRAINING CONSULTING SERVICES TO THE SANTA ANA ZOO THIS AGREEMENT is made and entered into on this 1st day of October, 2025 by and between Barbara's Force Free Animal Training dba Good Bird, Inc., a Texas corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of force free animal training techniques for the City's Zoo. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference. The total amount to be expended during the term of this Agreement shall not exceed $13,000.00. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance Page 1 of 10 #2099453vl set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2026, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages: Minimum Scope and Limit of Insurance. Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Page 2 of 10 #2099453vl • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers' Compensation (WC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. "This requirement can be waived if Consultant has no employees. • Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. • If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: • CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. • CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City. • All required insurance policies: For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with. it. • All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. • Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City forpolicy cancellation or non -renewal due to non-payment. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: PRCSA - Zoo 1801 EChestnutAve., M-90 Santa Ana, CA 92701 • The name and location of the projector event should be included in the Description of Operations section of each certificate. Page 3 of 10 #2099453vl Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. basis: Claims Made Policies. If any of the required policies provide coverage on a claims -made The retroactive date must be shown and must be before the date of the contract or the beginning of work. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Consultant must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors. Consultant shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub -contractors. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) Page 4 of 10 #2099453v1 from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any Page 5 of 10 #2099453v1 information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, Page 6 of 10 #2099453vl promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or Page 7 of 10 #2099453vl remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses -of this Agreement shall be determined and governed by the laws of the State of California. Both patties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23)` P.O. Box 1988 Santa Ana, California 92702 Page 8 of 10 #2099453v1 To Consultant: Barbara Heidenreich President Barbara's Force Free Animal Training DBA Good Bird, Inc. 6904 Cherrydale Dr. Austin, TX 78745 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures appear on following page] Page 9 of 10 #2099453vl SIGNATURE PAGE TO AGREEMENT WITH BARBARA'S FORCE FREE ANIMAL TRAINING, DBA GOOD BIRD, INC. TO PROVIDE ANIMAL TRAINING CONSULTING SERVICES TO THE SANTA ANA ZOO ' IN WITNESS WHEREOF; the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: onathan T. Martine Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY O S TA AN Alvaro Nufiez City Manager CONSULTANT: $arbara eidenreich President Hawk Scott Executive Director Parks, Recreations, and Community Services Agency Page 10 of 10 #2099453vl EXHIBIT A SCOPE OF SERVICES • • AUGUST 29, 2025 PREPARED FOR: Santa Ana Zoo PREPARED BY: Barbara's Force Free Animal Training 6904 Cherrydale Dr Austin, TX 78745 USA www.AnimalTrainingFundamentals.com BarbH@AnimalTrainingFundamentals.com Phone: +1 512-423-7734 AnimalTrainingFundamentals. co m Thank you for your interest in animal training consulting services provided by Barbara's Force Free Animal Training and the virtual learning platform AnimalTrainingFundamentals.com. The following document describes the services I provide and my credentials. My goal is to help caregivers of all species of animals learn how to successfully apply evidence -based training technology. I focus on force free methodologies with an emphasis on reinforcement training techniques to ensure high standards in animal welfare. I teach information learned from the experimental analysis of behavior. However my primary objective is to facilitate practical application. My goal is for animal caregivers to apply what they learn and fine tune their technique to ultimately provide the best care possible for the animals they steward. A�IMALTRAIN[NGFUNDAMENT....- ,-.[NGFUNDAMENT....- ,-... ANIMAL TRAINING GOALS Animal training goals typically fall under the following headings. *Training to cooperate in medical care and routine preventative health care procedures. *Training to facilitate husbandry procedures and make day-to-day animal care easy and stress free. *Training to address and prevent undesired behavior. *Training for educational presentations, interpretive exhibits, keeper talks, and guest interaction. *Training for conservation, breeding and/or to enhance scientific knowledge. *Training to support safety for stakeholders involved in animal care. I will work with you to help identify and prioritize behavioral objectives within your collection. I also provide materials to help staff members organize, track, and facilitate training programs and monitor progress. STAFF DEVELOPMENT GOALS Staff development is also a primary focus as this is critical to achieving animal training goals. For an initial on -site visit I recommend a combination of classroom learning and one-on-one coaching during training sessions. I have numerous presentations on specific topics from introductory material to advanced for the experienced trainer. Due to animal care needs it is often helpful to break these lectures into short sessions over the course of the visit. For example, one hour of lecture per day is often easily accommodated by most facilities. This can be open to all staff members interested in learning about training or refreshing their current knowledge. Classroom time can also be devoted to watching/discussing videos of training accomplished during the visit. PRACTICAL APPLICATION SKILLS COACHING Coaching during training sessions offers the most intimate and customized learning opportunities for staff members. One-on-one coaching sessions allows for a better understanding of the specific needs of each individual staff member (or team) in terms of practical application skills development and learning processes comprehension. Direct observation, opportunities to give instruction, and having staff members implement information with immediate feedback offers the quickest path to improvement. Training sessions are recorded for future reference and continued learning opportunities. The following sample schedules can be used as reference for your planning. Schedules can be adjusted to meet the needs of the facility. Day 2 Time Adhity 8:30-10:30 Lecture (ofuaiaingsmio ) 10:30-11:30 Training Session (1) 11:30-12:30 Break 12:30 - 4:00 Training Sessions (4) Day 1 Time ActNlty 8:30-10:30 Lecture 10:30 -11:30 Training Session (1) 11:30-12:30 Break 12:30 - 4:00 Training Sessions (4) Day 3-5 Time Activity 8:30-11:30 Training Sessions (3) 11:30-12:30 Break 12:30 - 4:00 Training sessions (4) 910 let*] 10 M&O1 91:AU01mak AN I MALTRAI N I N G FUN DAME NTALS.COM I am very pleased your team is already a part of the virtual education program AnimalTrainingFundamentals.com. Benefits to using the program in conjunction with onsite consulting include convenient resources to reference repeatedly and easy access to video examples in the program via phone when you need them (for example right before a training session.) The program also provides short user-friendly snippets of content for busy professionals. It also includes in-depth online courses, mini lessons on specific topics, problem solving, shaping plans, private chat groups, Q & A sessions, downloads, and much more. It has a growing library of content. The greatest benefit about this program is it provides ongoing support beyond the site visit and continuous opportunities for growth and development. It is also very helpful for developing a zoo wide animal training program. Staff members can also earn verifiable badges for each course completion and for levels in our credentialing_program to add to their performance evaluations. .` I .. _,� �t Access • + Resource •" �t r'" �': ake the,"'S of � IWrainingFtm damentals.com i� 11147 animalTrainingFundamentals.com provides a pigthora of resources for animal professionals seeking to address behavior problems and reach desired training goals. The desired response is for professionals to engage with these resources. This is more likely if the environment )lakes it easy for this to occur and this results in desired outcome%This document providesLL ome ideas to help deilitate this goal. FEES ON -SITE CONSULTATION: I have outlined the estimated fees below should you choose to employ my services to help you attain your current staff and animal training goals. Fees usually involve coach round trip airfare, hotel or AirBnB accommodations, and ground transportation. Airfare expenses are shared with other clients whenever possible. Please note this is an estimate. Exact final invoice may differ slightly. Proposed Fees for 8-Days of On -Site Consultation (2 visits) Description Consulting Fees Estimated Cost Amount $950/da $7600 Airfare Estimated (shared) $400 $400 Rental Car Estimated $570 $570 Accommodations Estimated 10 nights $1700 Other Expenses —meals, etc. waived $0 Administrative Costs $900 Total Estimated Expenses $11,170 CREDENTIALS Barbara Heidenreich is an animal training consultant specializing in exotic species and wildlife. She consults worldwide working with zoos, universities, veterinary rb professionals, private facilities, and conservation projects. ..e She has worked onsite with over 90 facilities in 30 countries. She is an adjunct instructor at Texas A & M University. She has authored two books and contributed to four veterinary textbooks. She is a co-author of two Fear Free® Avian Certification Courses. Much of her work focuses on training species in managed care to improve animal welfare. Y She operates the online education program www.AnimalTrainingFundamentals.com. This virtual learning service features award winning courses, a comprehensive credentialing program, tracks to guide professional development, verifiable badges to share and prove course completion, community, and more. Barbara is an advisor for the Animal Training Working Group and the Parrot Taxon Advisory Group for the European Association of Zoos and Aquaria. She also serves as Co -Chair of the Zoological Association of America's Animal Training Committee and is a founding committee member. She has provided her expertise onsite to conservation projects, The Kakapo Recovery Program, and The Borneo Orangutan Survival Foundation. I AVAILABILITY yyyyr `i Y�i"�. i of0. 4"�'y' L!• L.. � YA � �'•. i'i 'A1R tyy ± w ANIMALTRAININGFUNDAM ENTALS.COM PAGE 10 In summary animal training consulting services can: *Provide a foundation in animal training for new staff members or for those just getting started. * Add structure and organization to behavioral programs and facilitate achieving behavioral goals. *Motivate staff members to incorporate training into their day-to-day animal care *Reinvigorate an existing animal training program. *Provide regular educational opportunities to facilitate continued staff development. *Provide support for behavior management staff members already in place and enhance existing training programs. *And most importantly improve animal welfare. Please do not hesitate to contact me if you have any questions. Yours truly, Barbara Heidenreich Barbara's Force Free Animal Training EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Proposed fees for eight (8) days of on -site consultation (two visits) Description Estimated Cost Extended Amount Consulting fees $950 per day $7600 Airfare $200 per visit $400 Rental car $285 per visit $570 Accommodations _ $170 per night for 10 nights $1700 Other expenses — meals, etc. Waived $0 Administrative costs $900 Total $11,170 Ak. 1' CERTIFICATE OF LIABILITY INSURANCE D08/18/2025 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER SHAHINIAN INSURANCE SERVICES, INC. 801 PARKCENTER DR. #101 SANTA ANA CA 92705 PHONE (800) 457-2231 / INSURANCECU)SHAHINIAN.COM CONTACT AE nI°c No E.'512-423-7734 me No: nGOREss: BARB GOODBIRDINC. M BARB BARBARA FFAT.COM INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: SCOTTSDALE INSURANCE COMPANY 41297 INSURED GOOD BIRD, INC. BARBARA'S FORCE FREE ANIMAL TRAINING 6904 CHERRYDALE DR, AUSTIN TX 78745 INSURER B: INSURER C: INSURER D: INSURERS: INSURER F: COVERAGES GFRUFICAIE NUMBER: 308413 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSD SUBR MD POLICY NUMBER POLICY EFF MMIDDNYYY POLICY EXP MMIDDIYYVv LIMITS A X I COMMERCIAL GENERAL LIABILITY OCCUR X CPS8265540 8/17/25 8/17/26 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea $ 250,000 MED EXP (Any one Person) $ 5,000 TCLAIMS-MADE PERSONAL 6 ADV INJURY $ EXCLUDED AGGREGATE LIMIT APPLIES PER: POLICY jECT ] LOC GENERAL AGGREGATE $ 2,000,000 GENT X PRODUCTS-COMPIOPAGG $ EXCLUDED $ OTHER: AUTOMOBILE LIABILITY (Ea amdennt) INGLE LIMIT $ BODILY INJURY (Par Person) $ ANY AUTO AUTOSNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PERTY OAMAG Per accident) _ -- — $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN E EL. EACH ACCIDENT $ 5 ANY PROPRIETOWPARTNER/EXECUTIVE❑ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under NIA E.L. DISEASE - EA EMPLOYEE E.L. DISEASE -POLICY LIMIT --- — $ DESCRIPTIONOFOPERATIONSbelm Dlgirallysigned Tu Tr byTNguyen Tan APPROVED DESCRIPTION OF OPERATIONS I LOCATIONS; VEHICLES (ACORD 101, Additional Remarks Schedule, maybe aeac .rrersp e;ye noWned) By Tu Tran Nguyen at 7:32 am, Oct 07, 2025 LOCATION: SANTA ANA ZOO, SANTA ANA, CALIFORNIA, 92701. CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY 30 DAY NOTICE OF CANCELLATION --EXCEPT FOR NON-PYMT. 10 DAY NOTICE FOR NON -PYMT OF PREMIUM. CITY OF SANTA ANA ATTENTION: SANTA ANA ZOO 1801 E. CHESTNUT AVE. SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. o I ne ACURU name and logo are registered marks of ACORD A, SCOTTSDALE INSURANCE COMPANY'S' CHANGE ENDORSEMENT NO. 1 Policy No. CPS8265540 Effective Date 09/3 0/202 5 12:01 A.M. Standard Time GOOD BIRD, INC :DBA BARBARA'S Named Insured FORCE FREE AN Agent No, 040BK COVERAGE PART INFORMATION —Coverage parts affected by this change as indicated by® below: ❑ Commercial Property ® Commercial General Liability o0 ❑ Commercial Crime ❑ Commercial Inland Marine ❑ Commercial Liquor Liability ❑ OCP Liability CHANGE DESCRIPTION In consideration of no change in premium, it is hereby understood and agreed that the following amendments have been made to this policy. Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) added with CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLENTEERS RISK MANAGEMENT DIVISION,20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA CA 92702 Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) - CITY OF SANTA ANA RISK MANAGEMENT DIVISION changed to CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLENTEERS RISK MANAGEMENT DIVISION,20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA CA 92702 All other terms and conditions remain unchanged. Form CG 24 04, 12-19, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) is changed PREMIUM CHANGE Additional $ . oo Return $ . oo IBM AUTHORIZED REPRESENTATIVE UTS-244L 06-92 / BH 10/612025 DATE SMTTSDALE INSURANCE COMPANY'E' --]I SCHEDULE OF TAXES, SURCHARGES OR FEES Policy No. CPS8265540 Effective Date: 0 9 / 3 0 / 2 0 2 5 12:01 A.M., Standard Time GOOD BIRD, INC :DBA BARBARA'S Named Insured FORCE FREE AN Agent No. 040BK POLICY FEE (Taxable) .00 SURPLUS LINES TAX .00 STAMP FEE .00 ---------------------- TOTAL TAXES, SURCHARGES OR FEES: .00 UTS-126L 10-93 Policy No. CPS8265540 , ,SCOTTSDALE INSURANCECOIAPA.NY:' SCHEDULE OF FORMS AND ENDORSEMENTS Effective Date 09/30/2025 12:01 A.M. Standard Time GOO➢ BIRD, INC :DBA HARBARA'S Named Insured FORCE FREE AN Agent No. 040BK COMMON POLICY UTS-244L 06-92 UTS-126L 10-93 UTS-SP-2 12-95 COMMERCIAL LIABILITY CG 24 04 12-19 UTS-SP-2 (12-95) CHANGE ENDORSEMENT FORM SCHEDULE OF TAXES, SURCHARGES OR FEES SCHEDULE OF FORMS AND ENDORSEMENTS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) POLICY NUMBER: CPS8265540 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): CITY OF SANTA ANA,ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLENTEERS RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA CA 92702 I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: CPS8265540 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF SANTA ANA, RISK MANAGEMENT, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND VOLUNTEERS 20 CIVIC CENTER PLZ # 4 SANTA ANA CA 92701-4058 t0 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or arganization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The Insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contractor agreement to provide for such additional Insured. B. With respect to the insurance afforded to these additional insureds, the following Is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of Insurance; whichever is less. This endorsement shall not Increase the applicable limits of insurance. CG 20 26 1219 0 Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontrlbutory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 0112 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 September 23, 2025 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Re: WORKERS' COMPENSATION DECLARATION Dear City of Santa Ana, WORKERS' COMPENSATION DECLARATION I, Barbara Heidereich, hereby affirm under penalty of perjury, the (Name/Title) following declaration: 1 certify on behalf of Good Bird Inc DBA Barbara's Force Free Animal Training that during the term of my contract for Animal Training Consulting services with the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. P'WMWW,6AVM Barbara Heidenreich President Good Bird Inc. DBA Barbara's Force Free Animal Training 512-423-7734 512-423-7734 V 6904 Cherrydale Dr. Austin, TX USA IM 5 BarbH@AnimalTrainingFundamentals.com €vo GoodBirdlnc.com and AnimalTrainingFundamentals.com September 23, 2025 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Re: Auto Insurance Requirement Dear City of Santa Ana Good Bird Inc. DBA Barbara's Force Free Animal Training has the intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, Good Bird Inc. DBA Barbara's Force Free Animal Training attests to the following: 1. Good Bird Inc. DBA Barbara's Force Free Animal Training will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. 2. Good Bird Inc. DBA Barbara's Force Free Animal Training will not use any owned/rented/leased vehicles during the course and scope of the services provided in the agreement/contract. 3. Good Bird Inc. DBA Barbara's Force Free Animal Training consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and, if applicable, carry their own automobile insurance. By signing below, I, Barbara Heidenreich attest that I possess the legal authority to enter into an agreement with the City of Santa as well as the legal authority to attest to the statements above.If at any time it is found that [company namelis not adhering to any/all statements in this document and has not provided the minimum Auto liability insurance coverage of $1 million per occurrence, the contract will be considered null and void and the company will be held fully liable for any and all damages. Barbara Heidenreich President Good Bird Inc. DBA Barbara's Force Free Animal Training 512-423-7734 t, , 512-423-7734 9 6904 Cherrydale Dr. Austin, TX USA Q BarbH@aAnimalTrainingFundamentals.com y GoodBirdlnc.com and AnimalTrainingPundamentals.com CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action ` AFFIDAVIT OF EXEMPTION FOR PROFESSIONAL LIABILITY INSURANCE I Barbara Heidenreich ("Representative"), attest that I am an authorized (Name and Title of Vendor Representative) Barbara's Force Free Animal Training DBA Good Bird, Inc representative of ("Company"), and (Consultant(Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana, agreement number ("Agreement") to provide Animal Training Consulting Services ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company will not use the services of an expert necessitating professional liability/errors & omissions liability insurance coverage in the performance of Services to, for, or on behalf of City of Santa Ana. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum professional liability insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. 10/7/2025 Date Barbara Heidenreich President 512-423-7734 BarbH@AnimalTrainingFundamentals.com Contact Information, i.e., Telephone Number and/or Email Address Affidavit of Exemption for Professional Liability Insurance 11.12.2024