HomeMy WebLinkAbout25C - AGMT - ANIMAL LICENSE FEE COLLECTIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 5, 2013
TITLE:
AGREEMENT WITH CIVIC COLLECTIONS,
INC. FOR ANIMAL LICENSE FEE
COLLECTION PROGRAM
CI MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2ntl Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute an agreement with Civic
Collections, Inc. for collection of new and delinquent dog license fees and penalties, for a two
year period with an option to renew up to three additional two-year periods, subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Finance and Management Services Agency (FMSA) is responsible for the processing of
applications and fees for dog licenses. The State Health and Safety Code (Sections 121575-
121710) require local agencies implement a program that provides for the control of rabies. The
collection of dog license fees is provided for this effort.
Community field inspection and collection efforts are a critical component of the dog licensing
program. The field inspections and collections program was previously administered by Santa
Ana Police Department Animal Control Unit which was not proven to be effective. As such, the
City is reverting to the original structure of FMSA administering the field inspection and collection
efforts to achieve a higher rate of revenue recovery.
In 2012 the Police Department and FMSA released a request for proposal in which CCI was the
sole responder. Staff recommends entering into an agreement with CCI to perform field
inspection and collection of dog licenses. The Police Department and FMSA will continue to
analyze the feasibility of acquiring said services through the County of Orange. As such, the
agreement provides for discontinuation of field inspection and collection services immediately for
cause or without cause with 30 days written notice. CCI will be compensated in the amount of
fifty percent for each dog license fee collected, fifty cents for each new dog license sold, and fifty
cents for each rabies vaccination certificate issued. CCI is projected to generate $200,000 in
revenues to the City.
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Agreement with CCI for Animal License Fee Collections
August 5, 2013
Page 2
FISCAL IMPACT
Funds for the CCI agreement are to be paid from dog license revenue account (no. 01110002-
51003).
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
I
Carlos Rojas
Acting Chief of Police
Police Department
Exhibit 1 Consultant Agreement
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CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this day of August, 2013 by and
between Civic Collections, Inc., a California corporation (hereinafter "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 (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
dog license fee collections.
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 collect delinquent dog license fees and penalties, and license fees for
new dogs. Consultant will also canvas the City of Santa Ana and collect dog license fees at the
dog owner's door. The Consultant will encourage the dog owner to pay by check made payable
to the "City of Santa Ana". Consultant will collect dog license fees at rabies clinics if requested
by the City. Consultant will verify rabies certificates in connection with the collection of dog
license fees. This scope of services is intended to cover all labor, material and standards of
workmanship to be employed for in this work plan or reasonably implied by terms of same.
Work or materials of a major nature which may not be specifically mentioned, but which may be
reasonably assumed as necessary for the completion of this work, shall be provided by the
Consultant.
2. CONSULTANT RESPONSIBILITIES
Consultant shall hire, train and supervise its employees who will perform services
pursuant to this agreement. Consultant shall provide uniforms and I.D. cards for its employees
working on the dog license collection project. Consultant shall provide daily remittance reports
to the City. Consultant will account for receipt books provided by the City and utilized by its
collection employees. At the end of each day, the Consultant will receive all fees collected by its
employees. These fees will be deposited each day in an assigned City drop box.
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Consultant and Consultant's employees will be required to have City of Santa Ana
Patches on the uniforms at all times while performing services under this agreement. Such
Patches shall be worn in a professional manner and maintained neat in appearance, and easily
identifiable. Such Patches will be provided by the City of Santa Ana.
The Consultant shall exercise caution at all times for the protection of persons and
property. All fines, penalties and/or repair charges resulting from the Consultant actions shall be
the sole responsibility of the Consultant.
Consultant's service shall be courteous, responsive, timely, equitable and given in the
spirit of professionalism and mutual respect. All Consultant personnel are a reflection of the
City of Santa Ana and as such are expected to:
• Interact with customers and City officials, whether in person or on the phone, in a
pleasant, respectful and professional manner.
• Give full attention to each customer's needs by asking questions. Provide
information, products and service in an accurate, organized and complete manner.
Determine that the customer's request has been fulfilled.
• Comply with all federal, state, county, and city laws and regulations.
• Use adequate equipment that is kept clean and neat at all times.
• Train other Contract employees to be polite and courteous during public contact.
• Employ truth and accuracy in reporting customer service records.
3. CITY'S RESPONSIBILITIES
The City of Santa will provide a listing of homes that have delinquent dog licenses or
make available the City's data base (Dog License System) to the consultant as the City may
determine is necessary. Monthly, the City's Finance Department will prepare a collection report.
This report will include money collected and number of licenses purchased, as reported by the
Consultant, and will be utilized to determine the amount of compensation to be paid to the
Consultant as described in section 4 of this agreement.
4. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, the
following sum:
a. fifty percent (50%) of all dog license fees collected,
b. fifty cents (.50¢) for each new license fee collected from unlicensed dogs, and
c. fifty cents (.50¢) for every rabies vaccination certificate collected.
Payment by City shall be made within sixty (60) days following receipt of proper invoice,
subject to City accounting procedures.
In the event funding is not allowed for license collection services during the annual
budget approval process, the City shall notify the provider of such occurrence in writing at least
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thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last
day of current fiscal period without penalty or expense to the City.
5. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2015, unless earlier terminated as set forth in Section 14, below. City is granted an option to
renew up to three additional two-year periods. Said options shall be exercised in writing at least
thirty (30) days prior to the end of the initial term or any extension thereof.
6. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor 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 its
employees and shall be responsible for all applicable withholding taxes.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as additional
insured(s); (b) be primary and not contributory with respect to insurance or self-insurance
programs maintained by the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
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c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement in a form approved by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
8. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
and employees from liability: (1) for personal injury, damages, just compensation, restitution,
judicial or equitable relief arising out of claims for personal injury, including health, and claims
for property damage, which may arise from the direct or indirect operations of the Consultant or
its contractors, subcontractors, agents, employees, or other persons acting on their behalf which
relates to the services described in section 1 of this Agreement; and (2) 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.
9. 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
25C-6
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 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.
10. CONFLICT OF INTEREST CLAUSE
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.
11. 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 telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Christine Duarte,
Treasury Manager
City of Santa Ana
20 Civic Center Plaza (M14)
P.O. Box 1968
Santa Ana, CA 92702-1968
Fax 714-647-5304
Email: cduarteL&santa-ana.oru
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To Consultant:
Civic Collections
1565 Eldertree Drive
Diamond Bar, CA 91765
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
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 telefacsimile, any notice, tender, demand, delivery, or
other 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.
12. 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 nor
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 are not embodied herein.
13. 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.
14. TERMINATION
This agreement may be terminated immediately for cause, or without cause upon thirty
(30) days written notice delivered to the Consultant either personally or by mail. Upon
termination City shall pay to Consultant that portion of compensation specified in the Agreement
this is earned and unpaid prior to the effective date of termination.
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In the event Consultant fails or refuses to timely perform any of the provisions of this
Agreement in the manner required, or if Consultant violates any provision of this Agreement,
Consultant shall be deemed in default. City shall provide written notice of such default to
Consultant. Consultant shall cure said default within a period of seven (7) working days. If such
cure is not completed in a timely manner, City may terminate the Agreement forthwith by giving
written notice to Consultant. City may, in addition to the other remedies provided in this
Agreement or authorized by law, terminate this Agreement by giving written notice of
termination. Consultant shall be responsible for all costs incurred by City, including replacement
costs of equipment and labor required to provide service during Consultant's default.
The Consultant may request termination of the contract when conditions during the
contract make it impossible to perform or when prevented from proceeding with the contract by
act of God, by law or official action of a public authority or in the event on nonpayment by the
City. Such request will require one-hundred and eighty (180) days written notice prior to
contract termination date requested. In the event of nonpayment of undisputed sums by the City,
Consultant shall give the City thirty (30) working days to cure the alleged breach.
15. NONDISCRIMINATION AND COMPLIANCE WITH APPLICABLE LAWS
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
Consultant shall perform all requirements under this contract in strict observance of and
in compliance with all applicable environmental, traffic, safety and any other laws, regulations,
ordinances, codes and any other legislative or statutory requirements. Consultant warrants that
the performance of services under this contract shall be compliant with the current requirements
of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated
throughout the term of this contract.
16. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. 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 parties 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.
17. 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
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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 her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
18. MISCELLANEOUS PROVISIONS
Each undersigned represents and warrants by their signature herein below that they have 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Jose Sandoval
Chief Assistant City Attorney
CITY OF SANTA ANA
KEVIN O'ROURKE
City Manager
RECOMMENDED FOR APPROVAL: CONSULTANT
Francisco Gutierrez
Executive Director of Finance
and Management Services
(NAME)
Employer ID # or Individual SS #
25C-10