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HomeMy WebLinkAbout20B - AA - ZOO VETREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE AN AGREEMENT WITH DR. SCOTT WELDY DBA SERRANO ANIMAL AND BIRD HOSPITAL TO PROVIDE VETERINARY SERVICES FOR THE SANTA ANA ZOO AND AGREEMENT AMENDMENT WITH FRIENDS OF THE SANTA ANA ZOO TO INCREASE FINANCIAL CONTRIBUTION FOR VETERINARY EXPENSES {STRATE IC PLAN NO. 2,2E) I/ G ClMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Dr. Scott Weldy, dba Serrano Animal and Bird Hospital to provide veterinary services for the Santa Ana Zoo in an annual amount not -to -exceed $137,280, which includes a 10% contingency, for a term from September 1, 2017 through August 31, 2019, with two, one- year renewal options for a total amount not -to -exceed $549,120, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Friends of the Santa Ana Zoo to increase the financial contribution by $40,000 to $60,000 to be used for veterinary expenses, effective August 16, 2017 through the term of the agreement, February 28, 2019, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment recognizing revenue in the amount of $40,000 in the Friends of the Santa Ana Zoo Vet Contribution revenue account (no. 01113002 57380) and appropriating the same amount to the Zoo Operations expenditure accounts (no. 01113220 62300). DISCUSSION The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture (USDA) to provide veterinary services for the collection of animals maintained at the Zoo in order to maintain its USDA Class C Exhibitor's License. 20B-1 Agreement with Dr. Scott Weldy, dba Serrano Animal and Bird Hospital for Veterinary Services for the Santa Ana Zoo And Agreement amendment with Friends of the Santa Ana Zoo August 15, 2017 Page 2 On May 25, 2017, the Parks, Recreation and Community Services Agency (PRCSA) issued a Request for Proposal (RFP) for veterinary services. Despite the fact that the RFP was posted on PlanetBids and City staff contacted various veterinarians, the City only received one proposal from the current firm providing the service. An evaluation committee consisting of three representatives from PRCSA-Zoo reviewed and rated the proposal. The proposal was evaluated according to the criteria listed in the RFP, which included experience, understanding, and fee. Dr. Weldy is currently the zoo veterinarian and has extensive exotic animal veterinary experience and has established a comprehensive animal health program to monitor the wellness of the animals residing at the Zoo. Through routine, weekly zoo -facility visits to examine the animals' health and sanitation and maintenance of medical history records for each animal, Dr. Weldy is able to provide preventative and curative medical care for the entire zoo collection. Staff recommends entering into a new agreement with Dr. Weldy for a two-year term with two, one-year renewal options. The scope of the agreement is an increase from the current agreement and therefore the cost has also increased. The new agreement calls for the veterinarian to visit the zoo two days a week while the current agreement only provides for one visit per week. The need for this increase was noted on the Zoo's last Association of Zoos and Aquariums inspection report. In order to accommodate the additional cost, the Board of Directors of Friends of the Santa Ana Zoo have voted to increase the financial contribution to the City for veterinary expenses by $40,000 to a total $60,000 per year for the term of the agreement, which ends on February 28, 2019 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 — Youth, Education, Recreation, Objective #2 (Expand Youth Programming), Strategy E (Partner with outside agencies and secure funding to rehabilitate zoo exhibits and expand the Santa Ana Zoo.). FISCAL IMPACT An appropriation adjustment to recognize funds and appropriations to the respective accounts and fiscal year is shown below. Accounting Unit FY 17/18 Revenue Friends of the Santa Ana Zoo Vet Contribution (no. 01113002 57380) $40,000 Expenditure Zoo Operations (no. 01113220 62300) 20B-2 Agreement with Dr. Scott Weldy, dba Serrano Animal and Bird Hospital for Veterinary Services for the Santa Ana Zoo And Agreement amendment with Friends of the Santa Ana Zoo August 15, 2017 Page 3 Funds are available in the following account for the specified years: Accounting Unit FY17/18 FY 18/19 FY 19/20 PRCSA-Zoo (no. 01113220-62300) $114,400 $137,280 $137,280 Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency FY20/21 FY21/22 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez -�rm Executive Director Finance and Management Services Agency EXHIBIT: 1. Agreement - Serrano Animal and Bird Hospital 2. Agreement Amendment - FOSAZ r�- AGREEMENT TO PROVIDE VETERINARY SERVICES AT THE SANTA ANA ZOO THIS AGREEMENT is made and entered into this 15th day of August, 2017 by and between Scott Weldy, DVM, dba Serrano Animal and Bird Hospital, (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. On May 25, 2017, the City issued Request for Proposal ("RFP") No. 17-059, by which it sought proposals from qualified firms for veterinary services for the Santa Ana Zoo. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services to the City described in the attached scope of work that is attached to this Agreement and identified as Exhibit A. 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 firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subj ect to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform veterinary services for the Santa Ana Zoo as set forth in Exhibit A, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein, 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total amount to be expended for services during the tern of this Agreement, including any extension period exercised under Section 3, shall not exceed $549,120. The total annual amount shall not exceed $137,280. This amount is comprised of the sum of $124,800 and (2) a 10% contingency of up to $12,480 for services, including but not limited to, service fees associated with veterinary specialist services (i.e. MRI, specialty ultrasound/diagnostics, specialty dental surgery, and specialty surgery), outside laboratory services, and outside pharmaceutical services/products (i.e. compounding), as may be retained by Exhibit i Page 1 of 11 i►l- Consultant, with prior City approval, to assist with providing necessary veterinary services or performed by Consultant at the sole discretion of City. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on September 1, 2017 and terminate on August 31, 2019, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to two (2) one year extensions upon a writing executed by the City Manager and the City Attorney. 4. 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 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. Page 2 of 11 PKI- 6. 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, with $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 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. C. Worker's Compensation Insurance. In accordance with the California 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. 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 and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior written notice to the City. Page 3 of 11 20B-% (iv) Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant faits 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 affect 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 perfonned prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, 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 or its Consultants, 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 terns 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 terns 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 inftingerment, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 4 of 11 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 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 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. 12. 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: Page S of 11 KO • 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 Fax 714- 647-6956 With courtesy copies to: and Gerardo Mouet 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 Fax 714- 647-4211 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Consultant: Scott Weldy, DVM Serrano Animal and Bird Hospital 21771 Lake Forest Dr., Ste. I I I Lake Forest, CA 92630 Fax: 949-855-1070 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 Page 6ofII 20B-10 any attachments hereto, the terns 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 are 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 ternination, 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 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. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, 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 or in eormection with any activities 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. 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 Page 7ofII 20B-11 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. 18. PROFESSIONAL LICENSES Consultant shall, throughout the tern 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 cause for termination of this Agreement. 19. 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. --Remainder afpage intentionally left blank; signature page to follow -- Page 8 of 11 20B-12 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, CA'RVALHO City Attorney By:�Vl 1. Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director, Parks, Recreation and Community Services Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager SERRANO ANIMAL AND BIRD HOSPITAL Scott Weldy, DVM Page 9 of I I 20B-13 EXHIBIT A SCOPE OF SERVICES Page 10 of 11 20B-14 Exhibit A - Consultant Agreement with Serrano Animal and Bird Hosptial Appendix ATTACHMENT I SCOPE OF WORT{ CITY OF SANTA ANA REQUEST FOR PROPOSALS RFP NO.: 17-059 Introduction and Background: Santa Ana Zoo The Santa Ana Zoo at Prentice Park's mission is to instill a passion of the natural world through conservation, recreation, and education. The Zoo first opened in 1952 on land donated to the City of Santa Ana by a local businessman, Joseph Edward Prentice. His conditions on the grant deed stated the land must always be a City park, the park be named Prentice Park, and the City maintain a zoo with at least 50 monkeys. The Zoo is owned and operated by the City of Santa Ana and gets additional financial support from the zoo society, Friends of Santa Ana Zoo, a private 5010 non-profit entity. The Zoo is open to the public 10;00 AM to 5:00 PM 4Q days a -year seven days a week and averages about 250,000 visitors a year. The Zoo Animal Collection The Zoo maintains a diverse collection of animals, The Zoo has 80 different species and 270 individual animals. There is a strong emphasis on primate species. The Zoo's collection includes (but is not limited to) domestic and wild hoofstock, xenarthrans, carnivores, assorted small mammals, psittacines, birds of prey, waterfowl, ratites, and various reptiles and amphibians, and invertebrates. The current zoo master plan focuses on the animals of Central and South America. Despite the emphasis on the Neotropics, the Zoo features animals from Africa, Asia, Europe and North America. Veterinary Facilities The Zoo has an on-site animal hospital with surgery, radiography, and recovery rooms. A separate pathology building is used to perform necropsies. There are two dedicated quarantine facilities for large and small animals. Description of Work: 1. Contractor's Obligations; A. Contractor shall be experienced with wild, exotic (meaning non -domesticated) animals including, but not limited to, primates, ungulates, carnivores, xenarthrans, birds, reptiles, amphibians, and invertebrates. B, Contractor shall perform the City's required veterinary services for the Santa Ana. Zoo. Contractor shall be available on a seven-day per week, twenty-four hour basis to perform all emergency and normal routine veterinary services, including but not be limited to: 1. The contractor shall be on site a minimum of two (2) days a week for a minimum of sixteen hours weekly at mutually agreed upon intervals; 2. Routine and emergency consultations, as needed, by City personnel; 3. Blood tests and parasite checks; 4. Monitor the effect of prescribed treatments; 5. Establish procedures and practice for disease containment, quarantine, parasite control City of Santa Ana RFP 17-059 Page 10 20B-15 vaccination programs, tuberculin testing, dental prophylaxis, routine physicals; 6. Perform periodic reviews of dietary and husbandry techniques; 7. Use proper euthanasia procedures as established in the "AVMA Guidelines for the Euthanasia of Animals: 2013 Edition", with method of euthanasia not interfering with postmortem examinations; 8. Perform or have exam performed by another agency at the request of the City, postmortem examinations as soon as possible on all animals inclusive of wild or feral animals found dead on the zoo grounds to ascertain the cause of death; 9. Assist with the maintenance of medical records on paper and electronically in Zoological Information Management System (ZfMS), which shall indicate treatment received, surgical procedures, anesthesia, any test/lab results, immunization records, etc.; 10. Prepare all necessary and appropriate health certificates required for shipment of animals. 11. Safely perform all examinations and treatments by staying up-to-date on Capture/restraint techniques for exotic animals as well as flight or fight signals. 12. Administration of all appropriate medications C. In the event that the primary veterinarian is not available the Contractor shall supply an on-call veterinarian with equivalent exotic animal experience and expertise of the primary veterinarian. D. Contractor shall conduct fecal examinations at least annually on all individuals or groups in the collection, and more frequently on those groups recognized to be most susceptible, to facilitate the detection and treatment of parasites before clinical signs appear. E. Contractor must be licensed in California and shall be in practice locally at time of award. P. Contractor shall arrive on site in response to notification for the need for emergency services within 60 minutes of notification. An emergency is defined as a situation in which an animal is sick or injured and in need of immediate treatment in order to relieve pain or sustain life. G. Contractor must be able to obtain DEA Controlled. Substance Certification within 60 days. H. Radiology: Contractor must be able to read x-rays and run x-ray equipment: I. Contractor shall be willing to correspond with USDA Officials in regards to a case or scenario involving an individual or species at the zoo. J. Contractor shall provide a signature as City's consulting/attending veterinarian, for necessary and required certificates, license, permits, or other documents. K. May be required to professionally represent the Santa Ana Zoo on camera, in print, or online with the media concerning health related conditions and or concerns of any animal within the Zoo's collection. L. Contractor shall provide an electronic copy of a usage report to the Zoo Curator. The report shall be sent monthly. The report shall provide complete information on the services rendered and a cost breakdown of procedures, M. Contractor shall have knowledge of exotic animal medicine resources such as; St. Louis Contraception Center, San Diego Zoo Institute for Conservation Research, Cincinnati Zoo Center for Conservation and Research of Endangered Wildlife CREW, and Primate Testing Labs. City of Santa Ana RFP 17-059 Page 11 20B-16 N. Contractor shall obtain at his/her cost, medical malpractice insurance. Reimbursable Expenses (Subject to Prior City Approval) - Specialty tools and supplies not available in the Zoo hospital - Specialist diagnostic services (Le. radiograph, dental, surgical consultations) - After-hours emergency care (i.e. animals needing 24 hour care) - Off --site clinic visits (Le. animals taken to contractor's clinic for emergency treatment) TI. City Obligations In Order to assist Contractor in execution of the Contractor's obligations and to enhance the care of animals in the collection, the City agrees to do the following: A. Maintain a pharmaceutical safe for the storage of all controlled drugs and narcotics. B. Maintain a facility for the use in surgery and/or treatment of the collection with recovery and holding cages and related equipment as necessary at the Zoo. C. Provide Contractor with staff support from Zoo personnel. D. Purchase equipment, biological, drugs, narcotics, pharmaceuticals and/or other medical supplies upon reasonable request of Consultant, as needed. E. Provide staff assistance for the capture and treatment of animals. P. Maintain a copy of the diagnostic and treatment notes at the Zoo. O. Pay for all outside laboratory expenses incurred as a result of Contractor's supervision of animals in the collection. H. Pay for all other expenses necessary for the care of the animal collection when reasonably recommended by Contractor and approved by the Zoo Manager or their designated representative. City of Santa Ana RFP 17-059 Page 12 20B-17 EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES Page 11 of I I pKilauge Exhibit B - Consultant Agreement with Serrano Animal and Bird Hospital FEE PROPOSAL The following fee proposal includes all costs, both direct and indirect, including office staff, phones, vehicles, mileage and hospitalization/care expenses at Serrano Animal and Bird Hospital. Predicting anticipated future fee increases are based on collection growth, cost of living increases, and complexity of zoo function and management. These variables are difficult, at best, to predict with a single monetary value, and can range from 3-10% each year. This should be an area of open discussion at each renewal. We would invoice a flat fee of $100/hour for 24 hours/week ($2400/week), totaling $124,800/year. MATERIALS/SERVICES EXCLUDED FROM PROPOSAL The proposal will Include all veterinary services required to properly maintain the zoo collection. The fee schedule outlined will cover all services with the exception of: 1. Fees associated with veterinary specialist services (i.e. MRI, specialty ultrasound/diagnostics, specialty dental surgery, specialty surgeon) 2. Outside laboratory services 3. Outside pharmaceutical services/products (compounding, non -vendor approved companies) 20B-19 20B-20 FIRST AMENDMENT TO AGREEMENT FOR FOR THE BENEFIT AND SUPPORT OF THE SANTA ANA ZOO AT PRENTICE PARK THIS FIRST AMENDMENT to the above -referenced agreement is entered into this _ day of July, 2017, by and between Friends of Santa Ana Zoo, a California non-profit public benefit corporation, organized for the purpose of supporting the operation, maintenance and expansion of the Santa Ana Zoo at Prentice Park through charitable fund-raising ("FOSAZ"), 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 parties entered into Agreement #A-2016-035, dated. March 1, 2016 ("Agreement"), by which City and FOSAZ outlined their agreement to support the operation, maintenance and expansion of the Santa Ana Zoo at Prentice Park through charitable fundraising. B. The Agreement provides for, among other items, the remittance of $20,000 each year from FOSAZ to be used by the City for veterinary expenses. C. The parties wish to amend the Agreement to increase the amount of funds received each year from FOSAZ to be used by the City for veterinary expenses. The Parties therefore agree: Section 3.G.i. - Financial Contribution & Concession Revenue Sharing, is amended to read as follows: On or before December 31 of each year, FOSAZ shall remit the sum of sixty thousand dollars ($60,000) to the City to be used for veterinary expenses. These fiends shall be deposited into a City revenue account with the City General Fund. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full farce and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA CYNTHIA J. I URTZ Interim City Manager Exhibit 2 -- Signatures continue on next page -- Page t oft 20B-21 APPROVED AS TO FORM SONIA R. CARVALHO FRIENDS OF SANTA ANA ZOO City Attorney By: da"', N 'Rs. LAURA A. ROSSINI Senior Assistant City Attorney FOR APPROVAL GERARDO MOUET Executive Director, Parks, Recreation and Community Services Agency Name: Title: Page 2 o£2 20B-22