HomeMy WebLinkAboutSAVE OUR STRAYS OF HUNTINGTON BEACH - 2003-04-21 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
May 6, 2005
Save-Our-Strays
Attn. Karen Chepeka
P. O. Box 4083
Huntington Beach, CA 92648
Dear Ms. Chepeka:
Enclosed is a duly executed copy of Amendment#1 to the Agreement between
the City of Huntington Beach and Save-Our-Strays of Huntington Beach for Low
Cost Animal Care Services.
Sincerely,
oan L. Flynn
City Clerk
Enclosure: Agreement
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CITY OF HUNTINGTOP� CH
MEETING DATE: May 2, 2005 DEPARTMENT ID NUMBER: PD-05-006
Council/Agency Meeting Held: mod- D
D ferred/Continued to:
pproved ❑ Conditionally Approved ❑ Denied ,z. Ity erkfi Sig t re
May 2, 2005 Depart Number: PD-05-006
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYO AND CITY C UNCIL MEMBERS
SUBMITTED BY: DR. P �ELOPULBRETH-GRAFT, City trator
PREPARED BY: KENNETH W. SMALL, Chief of Police (Acn44)
SUBJECT: Approve Grant Addendum for the Save Our Strays-Huntington Beach
Program to provide Animal Microchip and Spay/Neuter Services.
[statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of issue:
In 2003, the City Council of Huntington Beach granted $15,000 to the Save Our Strays
(SOS) Program of Huntington Beach. The SOS program has used the funds to sponsor
low/no cost, spay/neuter and microchip services for Huntington Beach animals. The SOS
program has used the majority of the funds provided in 2003. The current balance is
approximately $1600. The Save Our Strays Group is requesting a new grant of $15,000 to
continue the animal services.
Funding Source:
The total grant amount of $15,000 is within the 2004-2005 non- departmental General Fund
budget, account number 10040101. These funds are available as a result of savings from
the City's contract with the County of Orange Animal Care Services for animal control. No
additional appropriations are necessary.
Recommended Action:
1. Approve and authorize the Mayor and City Clerk to execute the additional
funding addendum to the original grant agreement between the City of
Huntington Beach and Save Our Strays for the provision of low/no cost animal
microchipping and spay/neuter services; and
2. Approve the funding of a $15,000 grant to the Save Our Strays Program to
provide the supplies and services for the animals.
RCA-Save our Strays 5-2-05.doc -2- 4/19/2005 10:42 AM
l
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 2, 2005 DEPARTMENT ID NUMBER: PD-05-006
Alternative Actions):
1. Do not approve and authorize the Mayor and City Clerk to execute the additional
funding addendum to the original grant agreement between the City of
Huntington Beach and Save Our Strays and direct staff accordingly.
Analysis:
Save Our Strays-Huntington Beach provides low/no cost spay/neutering and microchip
services for local dogs and cats. At the April 21, 2003 City Council meeting, the SOS
program requested a $15,000 grant to fund the spaying/neutering/microchipping of
animals. The direct costs associated with the program are supplies and veterinary services
for the animals. The program is promoted and administered by the Save-Our-Strays group
and the services are provided by various local pet hospitals/veterinarians.
Since receiving the original disbursement of $15,000 in 2003, the SOS Program has
provided over 600 spaying/neutering/microchipping services to approximately 400 animals
in the Huntington Beach Area. The existing grant agreement authorized funding the SOS
Program to provide the low/no cost animal microchipping and spay/neuter services. It also
established participant eligibility criteria and created program activity and financial reporting
obligations. The existing agreement does not have an expiration date. Since no other
information has changed in the contract, the only requirement to grant the additional
$15,000 disbursement is an addendum to the existing agreement. No other changes to the
original grant agreement are needed.
The funding for the grant is established in the 2004-2005 non- departmental General Fund
budget, account number 10040101. This account is budgeted for animal controllcare
services, which is contracted through the County of Orange Animal Care Services.
Historically, the invoiced amount has been less than the budgeted amount due to credits
from revenue offsets from the County of Orange Animal Care Services. No additional
appropriations are necessary for this program.
Attachment(s]:
City Clerk's
Page Number No. Description
1 Addendum to grant Agreement with the Save-Our-Strays Huntington
Beach Strays for Micro-Chip and Spay/Neuter Clinics
2 Copy of original grant agreement between the City of Huntington
Beach and the Save Our Strays with current insurance certificate.
RCA-Save Our Strays 5-2-05 -3- 4/21/2005 8:07 AM
ATTACHMENT # 1
AMENDMENT NO. 1 TO GRANT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND SAVE-OUR-STRAYS OF HUNTINGTON BEACH
FOR LOW COST ANIMAL CARE SERVICES
THIS AMENDMENT is made and entered into by and between the City of Huntington Beach,
a California municipal corporation, hereinafter referred to as "City", and Save-Our-Strays of
Huntington Beach, Inc., a California corporation, hereinafter referred to as "Grantee".
WHEREAS, City and Grantee are parties to that certain agreement, dated April 21, 2003,
entitled "Grant Agreement Between the City of Huntington Beach and Save-Our-Strays of Huntington
Beach For Low Cost Animal Care Services"which agreement shall hereinafter be referred to as the
"Original Agreement," and
City and Grantee wish to amend the Original Agreement to extend the term thereof, and
provide additional grant funding to Grantee,
NOW, THEREFORE, it is agreed by City and Grantee as follows:
1. EXTENSION OF TERM
The Term of the Original Agreement is hereby extended for an additional period up to
and including March 30, 2006.
2. GRANT OF ADDITIONAL FUNDS
City hereby grants to Grantee the additional sum of$15,000 for the extended term set
forth herein.
REST OF PAGE INTENTIONALLY UNUSED
1
05agree/amend Save Our Strays
RLS 2005-133
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers on
GRANTEE: CITY:
Save-Our-Strays of Huntington Beach, Inc., a City of Huntington Beach, a municipal
California corporation corporation of the State of California
0 1
By: CG
Mayor
print nam
ITS: (circle one) Chairma Presiden ice President
AND City0ferk 54
By:-j&"M-
ce, APPROVED AS TO FORM:
name
ITS: (circle on Secreta hief Financial
Officer/Asst. Secretary-Treasurer ' y"Attome�
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REVIEWED AND APPROVED:
/fCity Adm' 'strator
INITIATED AND APPROVED:
A61 L
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Polic Chief
2
05agree/amend Save Our Strays
RLS 2005-133
ATTACHMENT # 2
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GRANT AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND SAVE-OUR-STRAYS OF
HUNTINGTON BEACH FOR LOW COST ANIMAL CARE SERVICES
THIS AGREEMENT is made and entered into this �/ day of
2003, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and SAVE-
OUR-STRAYS OF HUNTINGTON BEACH, a California corporation, hereinafter referred to as
"GRANTEE."
WHEREAS, CITY desires to grant funds to GRANTEE to perform low cost animal care
services in the City of Huntington Beach; and
GRANTEE has agreed to accept such funds and to perform such services;
NOW,THEREFORE, it is agreed by CITY and GRANTEE as follows:
I. GRANT OF FUNDS
CITY hereby grants to GRANTEE the sum of Fifteen Thousand Dollars ($15,000) for the
2003 calendar year.
2. PUBLIC PURPOSES LIMITATIONIDURATION OF AGREEMENT
All funds granted herein shall be used only for the provision of low cost animal care service
in the City of Huntington Beach, and to specifically perform all services as set forth in the Scope of
Services attached hereto as Exhibit"A" and incorporated by this reference as though fully set forth
herein. These services of the GRANTEE are to commence as soon as practicable after the
execution of this Agreement.
3. RECORDS: CITY STAFF LIAISON
GRANTEE shall maintain separate accounting records for all funds received from CITY
under this Agreement.. All expenditures by GRANTEE of all funds received from CITY shall be
subject to review and approval of the City Administrator of CITY. GRANTEE further agrees that
03agreelanimal care/3/12103 I
all of its records, including those pertaining to funds received from CITY and all other funds
received by GRANTEE,must be maintained in accordance with standard accounting procedures
and principles. GRANTEE further agrees that within sixty(60) days after termination of this
Agreement, GRANTEE shall submit to CITY, a final financial statement detailing all expenditures
of grant funds made during the effective period of this Agreement.
All accounting records and evidence pertaining to all costs of GRANTEE shall be kept
available at GRANTEE'S office, or place of business for a period of not less than three (3) years
after funds are granted to GRANTEE. GRANTEE shall make all of its records available to CITY
during regular business hours for the purpose of auditing and shall furnish reasonable assistance for
this purpose to CITY's auditor as required. GRANTEE shall furnish copies of all records to CITY
on request. GRANTEE agrees to implement all recommendations made by CITY's auditor, if any.
In the event GRANTEE does not make its books and financial records available within the
City of Huntington Beach, GRANTEE agrees to pay all necessary and reasonable expenses incurred
by CITY in conducting any audit at the location where said records and books of account are
maintained.
4. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, GRANTEE acknowledges awareness of
section 3700 et seq, of said Code, which requires every employer to he insured against Iiability for
workers compensation; GRANTEE covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
GRANTEE shall maintain workers compensation insurance in an amount of not less than
One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence,One
Hundred Thousand Dollars ($100,000)bodily injury by disease,each employee, Two Hundred Fifty
Thousand Dollars ($250,000)bodily injury by disease,policy limit.
03agreelanima!care/3/12/03 2
GRANTEE shall require all subcontractors to provide such workers compensation insurance
for all of the subcontractors' employees. GRANTEE shall furnish to CITY a certificate of waiver of
subrogation under the terms of the workers compensation insurance and GRANTEE shall similarly
require all subcontractors to waive subrogation.
5. INSURANCE
In addition to the workers' compensation and employer's liability insurance and
GRANTEE'S covenant to indemnify CITY, GRANTEE small obtain and furnish to CITY, a policy
of general public liability insurance, including motor vehicle coverage covering the activities to be
funded by the Grant monies as set forth herein. This policy shall indemnify GRANTEE, its
officers, employees and agents while acting within the scope of their duties,against any and all
claims arising out or in connection with the performance of the activities to be funded by the Grant
monies as set forth herein, and shall provide coverage in not less than the following amount:
combined single limit bodily injury and property damage, including blanket contractual liability, of
One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which
includes a designated general aggregate limit,the aggregate limit must be no less than One Million
Dollars ($1,000,000)for the activities to be funded by the Grant monies as set forth herein. This
policy shall name CITY, its officers, elected or appointed officials, employees, agents, and
:volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage
which may be applicable to any claim shall be deemed excess coverage and that GRANTEE'S
insurance shall be primary.
Under no circumstances shall said above-mentioned insurance contain a self-insured
retention, or a"deductible" or any other similar form of limitation on the required coverage.
03agreefanimal care/3!17103 a
b. - CERTIFICATES OF INSURANCE;ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder,GRANTEE shall furnish to CITY
certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance
coverages as required by this Agreement; said certificates shall:
1. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force; and
3. shall promise to provide that such policies will not be canceled or
modified without thirty(30)days' prior written notice of CITY.
GRANTEE shall maintain the foregoing insurance coverages in force until the performance
of the activities to be funded by the grant monies as set forth herein, is fully completed and accepted
by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate from the
provisions for indemnification of CITY by GRANTEE under this Agreement. CITY or its
representative shall at all times have the right to demand the original or a copy of all the policies of
insurance. GRANTEE shall pay, in a prompt and timely manner, the premiums on all insurance
hereinabove required.
GRANTEE shall provide a separate copy of the additional insured endorsement to each of
GRANTEE'S insurance policies, naming CITY, its officers.. elected and appointed officials,
employees, agents and volunteers as Additional Insureds,to the City Attorney for approval prior to
any payment hereunder.
7. INDEPENDENT CONTRACTOR
GRANTEE is, and shall be, acting at all times in the performance of the services of this
Agreement as an independent contractor. GRANTEE shall secure at its expense, and be responsible
03agredanimal caref3/12103 4
for any and all payment of taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for its officers, agents and employees
and all business Iicenses, if any,in connection with the services to be performed hereunder.
8. CITY EMPLOYEES AND OFFICIALS
GRANTEE shall employ no CITY official nor any regular CITY employee in the work
performed pursuant to this Agreement. No officer or employee of CITY shall have any financial
interest in this Agreement in violation of the applicable provisions of the California Government
Code.
9. HOLD HARMFSS
GRANTEE hereby agrees to protect,defend,indemnify and hold harmless CITY,its
officers, elected or appointed officials, employees, agents and volunteers from and against any and
all claims, damages, losses, expenses,judgments, demands and defense costs (including, without
limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of
or in connection with GRANTEES (or GRANTEES subcontractors, of any) perfonnance of this
Agreement or its failure to comply with any of its obligations contained in this Agreement by
GRANTEE,its officials,agents or employees except such loss or damage which was caused by the
sole negligence or willful misconduct of CITY in enforcing this obligation. GRANTEE will
conduct all defense at its sole cost and expense and CITY shall approve selection of GRANTEE'S
counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as limitation upon the amount of
indemnification to be provided by GRANTEE.
10. NON-DISCRIMINATION
In the performance of this Agreement GRANTEE shall not discriminate against any
employee or applicant for employment on the basis of race,sex, color,religion, ancestry,national
03agredanima!carel3/12/43 5
origin, age or as an otherwise qualified handicapped individual. This prohibition shall pertain to
employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates
of pay and other forms of compensation; selection for training, including apprenticeship; and any
other action or inaction pertaining to employment matters, and shall also apply to proscribe
discrimination in any program or activity funded in whole or in part with funds made available
under this Agreement.
11. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work hereunder shall not
be delegated by GRANTEE to any other person or entity without the consent of CITY.
12. COPYRIGHT/PATENTS
CITY shall own all rights to any patent or copyright on any work,time or material produced
as a result of this Agreement.
13. IMMIGRATION
GRANTEE shall be responsible for full compliance with the immigration and naturalization
laws of the United States and shall, in particular, comply with the provision of the United States
Code regarding employment verification.
14. LEGAL SERVICES SUBCONTRACTING PROHIBITED
GRANTEE and CITY agree that CITY is not liable for payment of any subcontractor work
involving legal services, and that such legal services are expressly outside the scope of services
contemplated hereunder. GRANTEE understands that pursuant to Huntington Beach City Charter
§309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for
payment of any legal service expenses incurred by GRANTEE.
43agrecianimal care/3/12/03 6
15. ATTORNEY'S FEES
Except as specifically set forth in Section 9 hereof,in the event suit is brought by either
party to enforce the terms and provisions of this agreement or to secure the performance hereof,
each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its
attorney's fees from the non-prevailing party.
16. ENTIRETY
The foregoing sets forth the entire Agreement between the parties.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day,month and year first above written.
SAVE-OUR-STRAYS OF HUNTINGTON CITY OF HUNTINGTON BEACH,A
BEACH, a California corporation: municipal corporation of the State of
California
By.
Kure
print nam Mayor
ITS: (circle one) Chairma residen ice President
ATTEST:
AND
BY '1_�9_o 3 rty CIerk
APPROVED AS TO FORM:
ITS:(circle onA;;nei
hef Financial Officer/Asst.
Secretary-Tre e,
iO3 ity Attorney . titi.o3
INITIATED, REVIEWED AND APPROVED: r�63
Ci drninistrator
03agne/animal Carer!]2/03 7
15. ATTORNEY'S FEES
Except as specifically set forth in Section 9 hereof, in the event suit is brought by either
party to enforce the terms and provisions of this agreement or to secure the performance hereof,
each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its
attorney's fees from the non-prevailing party.
16. ENTIRETY
The foregoing sets forth the entire Agreement between the parties.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day, month and year first above written.
SAVE-OUR-STRAYS OF HUNTINGTON CITY OF HUNTINGTON BEACH, A
BEACH,a California corporation: municipal corporation of the State of
California
By.
Karen
print nam Mayor
ITS: (circle one)Chairma residen ice President
ATTEST:
AND
By: '7� 9-03 ity Clerk
arne APPROVED AS TO FORM:
ITS: (circle one Secretary hief Financial Officer/Asst.
Secretary-Treasur v
4t�qit
y Attorney
� 03
11"
INITIATED, REVIEWED AND APPROVED: fi�e
Cit dministrator
03a;redanimal carer112/03 7
EXHIBIT "A"
Save Our Strays of Huntington Beach
Low-Cost Spay/Neuter and Microchipping Programs
Proposal
December 30, 2002
A. Statement of Work
1. Low-Cost Spay/Neuter Program-Save Our Strays is to implement and
manage a program to provide low-cost, standard spay and neuter
surgeries for dogs and cats. Only residents of Huntington Beach are
eligible to participate and veterinarians who receive reimbursement from
the program must practice in Huntington Beach. All dogs must have a
current, valid, County issued dog license.
2. Low-Cost Microchipping Program-Save Our Strays is to implement and
manage a program to provide low-cost microchipping identification for
dogs and cats. This may be administered at a veterinarian office and/or
through conducting a local clinic. Only residents of Huntington Beach are
eligible to participate and veterinarians who receive reimbursement from
the program must practice in Huntington Beach. All dogs must have a
current, valid, County issued dog !Icanse.
B. Save Our Strays Duties and Responsibilities
1. Provide all staffing, material, accounting and reporting required to
successfully conduct activities described in Section A.
2. SOS shall not use any of the city's funding to provide salaries, stipends or
any other compensation, except reimbursement for materials purchased
and cost of services provided to perform the activities described in Section
A, to any person.
I Report to the city, on a quarterly basis, the following information: funds
expended to date, including a detailed accounting of total funds paid to
veterinarians, spent on materials, and on administration, advertising, and
other costs; and the total number of animals served including, dogs and
cats spayed/neutered, dogs and cats microchipped.
4. SOS shall record the following information from program participants:
resident's name and address, pet's name, sex and breed, owner's
telephone number and identification shown to prove residency in
Huntington Beach and eligibility for low-cost spay/neuter and microchip.
SOS shall produce this information at any time, if requested by the city.
SOS shall not use this information for fundraising or advertising without
the participant's permission.
C. City's Duties and Responsibilities
1. Provide guidance and direction regarding the city's expectations for the
Program, including participant eligibility and acceptable expenditures.
2. Provide funding for eligible expenditures.
3. Provide assistance/referrals with internal city departments, as needed.
D. Work Program/Project Schedule
This program does not involve a fixed schedule. Save Our Strays may
continue to provide services using the city's funding until such time as the
funding is exhausted, or the city requests any unexpended funds to be
returned.
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2000 Main Street, Huntington Beach, CA 92648
Declaration of Non-Employer Status
In order to compfy with the City Council Resolution No. 6277, you are required
to provide proof of Workers' Compensation Insurance. If you have no
employee. UHN form must to signed and returned to:
City of-
Huntington Beach
Risk Management Division
2000 Alain Strcct
Huntington Beach. CA 92648
I certify that in the performance of the activity or work for which this permit is
issued, 1 shall not eMploy any person in any manner so as to become subject to
California Workers' Compensation Insurance requirements_
I authorize the City of Huntington Beach to immediately and retroactively
revoke the license or permit issued under this declaration if I hire any
employee(s) or become subject to the provision of the laws requiring Workers'
Compensation Insurance.
Applicant/Company Name_
Address. PC)
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Applicant's Signatune:
Title_ Q ��
i Location Signed:
Telephone Number: 21q
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RCA ROUTING SHEET
INITIATING DEPARTMENT: Police Department
SUBJECT: Approve Grant Addendum for the Save Our Strays-
Huntington Beach Program to provide Animal Microchip and
Spay/Neuter Services
COUNCIL MEETING DATE: May 2, 2005
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbud et, over $5,000) Not Applicable
Bonds If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
. .....:..:..... .
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator (Initial) }
-City Administrator Initial
—City Clerk ( }
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: Lt.T. Donnelly/Shang Bawa
8 - 0 "
�, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
April 30, 2003
Karen E. Chepeka
Save Our Strays
P.O. Box 4083
Huntington Beach, CA 92648
Dear Ms. Chepeka:
Enclosed is a duly executed copy of an Agreement between the City of
Huntington Beach and Save-Our-Strays of Huntington Beach for low cost
Animal care Services, a copy of your Certificate of Insurance is also attached.
Sincerely,
4X6� ocw�
Connie Brockway CIVIC
City Clerk
Enclosure: Agreement and a copy of insurance certificate.
('telephone:714.536-5227)
r
�t4 *n5 e,-W,d°Zs
C OF HUNTINGTON BEACH 31 P �-
MEETING DATE: April 21, 2003 DEPARTMENT ID NUMBER: 03-10
Council/Agency Meeting Held: . �} 4 _
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatul
April 21, 2003 Department ID Number: ,__, 0�I0
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS_�T�
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORAAf -p /
PREPARED BY: PETER GRANT, PRINCIPAL ADMINISTRATIVE ANALYST..„�
SUBJECT: Approve Grant Agreement with Save Our Strays for Animal Microchip
and Spay/Neuter Clinics
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
Should the City Council approve a grant agreement with Save Our Strays to provide low/no
cost microchip and spay/neuter clinics?
Funding Source:
Sufficient funds are included in the city's budget (General Fund, non-departmental,
10040101). Moneys for the $15,000 grant are available as a result of the city's contract
with the County for animal care services costing less than the city had budgeted.
Subcommittee Recommendation:
The City Council's Animal Care Services ad-hoc subcommittee has reviewed the grant
contract terms and proposed scope of work and voted unanimously to recommend it to the
City Council.
Recommended Action:
Motion to:
1. Approve the grant agreement with the Save—Our-Strays of Huntington Beach for
low/no cost animal microchipping and spay/neuter clinics and authorize the
Mayor and City Clerk to execute.
RCA to Approve Grant Agreement -2- 4/1/2003 11:04 AM
R EST FOR COUNCIL ACTIC9
MEETING DATE: April 21, 2003 DEPARTMENT ID NUMBER: 03-10
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. Do not approve the agreement and provide staff with appropriate direction.
Analysis:
At its October 7, 2002 meeting, the City Council approved an H-Item submitted by Council
Member Houchen that:
1. Allocated $15,000 to provide low/no cost micro-chipping and spay/neuter clinics to
Huntington Beach residents; and
2. Directed staff to invite the Orange County Animal Care Services department and
Save Our Strays to develop, promote, and administer the programs.
This grant agreement authorizes funding Save Our Stray's program to provide the low/no
cost animal microchipping and spay/neuter clinics, establishes participant eligibility criteria
and creates program activity and financial reporting obligations. City staff's obligations in
the scope of work include providing guidance and direction to Save Our Strays regarding
the program.
Save Our Strays first micro-chipping clinic took place on March 29, 2003 at Lake Park.
Save Our Strays reports ten cats and 16 dogs that were microchipped. In addition, seven
dog licenses were sold (to be eligible to participate in the program, dogs must have a
current license issued by County Animal Care Services). A second microchipping event is
planned for later this month.
Attachment(s):
City Clerk's
Page Number I No. Description
L
Grant Agreement with the Save-Our-Strays Huntington Beach Strays
for Micro-Chip and S a /Neuter Clinics
RCA to Approve Grant Agreement �3- 411/2003 11:04 AM
a
3
GRANT AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND SAVE-OUR-STRAYS OF
HUNTINGTON BEACH FOR LOW COST ANIMAL CARE SERVICES
Table of Contents
1 Grant of Funds 1
2 Public Purposes Limitation/Duration of Agreement 1
3 Records 2
4 Workers Compensation 3
5 Professional Liability Insurance 3
6 Certificates of Insurance 4
7 Independent Contractor 5
8 City Employees and Officials 5
9 Hold Harmless 6
10 Non-Discrimination 6
11 Assignment and Subcontracting 7
12 Copyright/Patents 7
13 Immigration 7
14 Legal Services Subcontracting Prohibited 7
15 Attorney's Fees 7
16 Entirety 8
GRANT AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND SAVE-OUR-STRAYS OF
HUNTINGTON BEACH FOR LOW COST ANIMAL CARE SERVICES
THIS AGREEMENT is made and entered into this / day of
2003, by and between the CITY OF HUNTINGTON BEACH a
.3
municipal corporation of the State of California, hereinafter referred to as"CITY," and SAVE-
OUR-STRAYS OF HUNTINGTON BEACH, a California corporation,hereinafter referred to as
"GRANTEE."
WHEREAS, CITY desires to grant fields to GRANTEE to perform low cost animal care
services in the City of Huntington Beach; and
GRANTEE has agreed to accept such funds and to perform such services;
NOW, THEREFORE, it is agreed by CITY and GRANTEE as follows:
1. GRANT OF FUNDS
CITY hereby grants to GRANTEE the sum of Fifteen Thousand Dollars ($15,000) for the
2003 calendar year.
2. PUBLIC PURPOSES LIMITATION/DURATION OF AGREEMENT
All funds granted herein shall be used only for the provision of low cost animal care service
in the City of Huntington Beach, and to specifically perform all services as set forth in the Scope of
Services attached hereto as Exhibit"A" and incorporated by this reference as though fully set forth
herein. These services of the GRANTEE are to commence as soon as practicable after the
execution of this Agreement.
3. RECORDS; CITY STAFF LIAISON
GRANTEE shall maintain separate accounting records for all funds received from CITY
under this Agreement. All expenditures by GRANTEE of all funds received from CITY shall be
subject to review and approval of the City Administrator of CITY. GRANTEE further agrees that
03agree/animal care/3/12/03 1
all of its records, including those pertaining to funds received from CITY and all other funds
received by GRANTEE, must be maintained in accordance with standard accounting procedures
and principles. GRANTEE further agrees that within sixty(60) days after termination of this
Agreement, GRANTEE shall submit to CITY, a final financial statement detailing all expenditures
of grant funds made during the effective period of this Agreement.
All accounting records and evidence pertaining to all costs of GRANTEE shall be kept
available at GRANTEE'S office, or place of business for a period of not less than three (3) years
after funds are granted to GRANTEE. GRANTEE shall make all of its records available to CITY
during regular business hours for the purpose of auditing and shall furnish reasonable assistance for
this purpose to CITY's auditor as required. GRANTEE shall furnish copies of all records to CITY
on request. GRANTEE agrees to implement all recommendations made by CITY's auditor, if any.
In the event GRANTEE does not make its books and financial records available within the
City of Huntington Beach, GRANTEE agrees to pay all necessary and reasonable expenses incurred
by CITY in conducting any audit at the location where said records and books of account are
maintained.
4. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, GRANTEE acknowledges awareness of
section 3700 et seq. of said Code, which requires every employer to be insured against liability for
workers compensation; GRANTEE covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
GRANTEE shall maintain workers compensation insurance in an amount of not less than
One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One
Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty
Thousand Dollars ($250,000)bodily injury by disease, policy limit.
03agree/animal care/3/12/03 2
GRANTEE shall require all subcontractors to provide such workers compensation insurance
for all of the subcontractors' employees. GRANTEE shall furnish to CITY a certificate of waiver of
subrogation under the terms of the workers compensation insurance and GRANTEE shall similarly
require all subcontractors to waive subrogation.
5. INSURANCE
In addition to the workers' compensation and employer's liability insurance and
GRANTEE'S covenant to indemnify CITY, GRANTEE shall obtain and furnish to CITY, a policy
of general public liability insurance, including motor vehicle coverage covering the activities to be
funded by the Grant monies as set forth herein. This policy shall indemnify GRANTEE, its
officers, employees and agents while acting within the scope of their duties, against any and all
claims arising out or in connection with the performance of the activities to be funded by the Grant
monies as set forth herein, and shall provide coverage in not less than the following amount:
combined single limit bodily injury and property damage, including blanket contractual liability, of
One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which
includes a designated general aggregate limit, the aggregate limit must be no less than One Million
Dollars ($1,000,000) for the activities to be funded by the Grant monies as set forth herein. This
policy shall name CITY, its officers, elected or appointed officials, employees, agents, and
volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage
which may be applicable to any claim shall be deemed excess coverage and that GRANTEE'S
insurance shall be primary.
Under no circumstances shall said above-mentioned insurance contain a self-insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
03agree/animal care/3112/03 3
6. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, GRANTEE shall furnish to CITY
certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance
coverages as required by this Agreement; said certificates shall:
1. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force; and
3. shall promise to provide that such policies will not be canceled or
modified without thirty (30) days' prior written notice of CITY.
GRANTEE shall maintain the foregoing insurance coverages in force until the performance
of the activities to be funded by the grant monies as set forth herein, is fully completed and accepted
by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate from the
provisions for indemnification of CITY by GRANTEE under this Agreement. CITY or its
representative shall at all times have the right to demand the original or a copy of all the policies of
insurance. GRANTEE shall pay, in a prompt and timely manner, the premiums on all insurance
hereinabove required.
GRANTEE shall provide a separate copy of the additional insured endorsement to each of
GRANTEE'S insurance policies, naming CITY, its officers, elected and appointed officials,
employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to
any payment hereunder.
7. INDEPENDENT CONTRACTOR
GRANTEE is, and shall be, acting at all times in the performance of the services of this
Agreement as an independent contractor. GRANTEE shall secure at its expense, and be responsible
03agreelan6al care/3/12/03 4
for any and all payment of taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for its officers, agents and employees
and all business licenses, if any, in connection with the services to be performed hereunder.
8. CITY EMPLOYEES AND OFFICIALS
GRANTEE shall employ no CITY official nor any regular CITY employee in the work
performed pursuant to this Agreement. No officer or employee of CITY shall have any financial
interest in this Agreement in violation of the applicable provisions of the California Government
Code.
9. HOLD HARMESS
GRANTEE hereby agrees to protect, defend, indemnify and hold harmless CITY, its
officers, elected or appointed officials, employees, agents and volunteers from and against any and
all claims, damages, losses, expenses,judgments, demands and defense costs (including, without
limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of
or in connection with GRANTEE'S (or GRANTEE'S subcontractors, of any) performance of this
Agreement or its failure to comply with any of its obligations contained in this Agreement by
GRANTEE, its officials, agents or employees except such loss or damage which was caused by the
sole negligence or willful misconduct of CITY in enforcing this obligation. GRANTEE will
conduct all defense at its sole cost and expense and CITY shall approve selection of GRANTEE'S
counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as limitation upon the amount of
indemnification to be provided by GRANTEE.
10. NON-DISCRIMINATION
In the performance of this Agreement GRANTEE shall not discriminate against any
employee or applicant for employment on the basis of race, sex, color, religion, ancestry, national
Magree/animal care/3/12/03 5
origin, age or as an otherwise qualified handicapped individual. This prohibition shall pertain to
employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates
of pay and other forms of compensation; selection for training, including apprenticeship; and any
other action or inaction pertaining to employment matters, and shall also apply to proscribe
discrimination in any program or activity funded in whole or in part with funds made available
under this Agreement.
11. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work hereunder shall not
be delegated by GRANTEE to any other person or entity without the consent of CITY.
12. COPYRIGHT/PATENTS
CITY shall own all rights to any patent or copyright on any work, time or material produced
as a result of this Agreement.
13. IMMIGRATION
GRANTEE shall be responsible for full compliance with the immigration and naturalization
laws of the United States and shall, in particular, comply with the provision of the United States
Code regarding employment verification.
14. LEGAL SERVICES SUBCONTRACTING PROHIBITED
GRANTEE and CITY agree that CITY is not liable for payment of any subcontractor work
involving legal services, and that such legal services are expressly outside the scope of services
contemplated hereunder. GRANTEE understands that pursuant to Huntington Beach City Charter
§309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for
payment of any legal service expenses incurred by GRANTEE.
03agree/animai care/3/12/03 6
15. ATTORNEY'S FEES
Except as specifically set forth in Section 9 hereof, in the event suit is brought by either
party to enforce the terms and provisions of this agreement or to secure the performance hereof,
each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its
attorney's fees from the non-prevailing party.
16. ENTIRETY
The foregoing sets forth the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day, month and year first above written.
- TRAY F BEACH A
SAVE OURS S O HUNTINGTON CITY OF HUNTINGTON
BEACH, a California corporation: municipal corporation of the State of
California
By. .1
r
print nam Mayor ^�
ITS: (circle one)Chairm residen ice President
ATTEST:
AND
By: y.. 1tyClerk
iix@m APPROVED AS TO FORM:
ITS: (circle one Secretary hief Financial Officer/Asst.
Secretary-Treasur A
1 �3 ity Attorney
INITIATED, REVIEWED AND APPROVED: ei/��a3 \ e;
Cit dministrator
03agree/animal care/3/12/03 7
! i
EXHIBIT "A"
Save Our Strays of Huntington Beach
Low-Cost Spay/Neuter and Microchipping Programs
Proposal
December 30, 2002
A. Statement of Work
1. Low-Cost Spay/Neuter Program-Save Our Strays is to implement and
manage a program to provide low-cost, standard spay and neuter
surgeries for dogs and cats. Only residents of Huntington Beach are
eligible to participate and veterinarians who receive reimbursement from
the program must practice in Huntington Beach. All dogs must have a
current, valid, County issued dog license.
2. Low-Cost Microchipping Program-Save Our Strays is to implement and
manage a program to provide low-cost microchipping identification for
dogs and cats. This may be administered at a veterinarian office and/or
through conducting a local clinic. Only residents of Huntington Beach are
eligible to participate and veterinarians who receive reimbursement from
the program must practice in Huntington Beach. All dogs must have a
current, valid, County issued dog license.
B. Save Our Strays Duties and Responsibilities
1. Provide all staffing, material, accounting and reporting required to
successfully conduct activities described in Section A.
2. SOS shall not use any of the city's funding to provide salaries, stipends or
any other compensation, except reimbursement for materials purchased
and cost of services provided to perform the activities described in Section
A, to any person.
3. Report to the city, on a quarterly basis, the following information: funds
expended to date, including a detailed accounting of total funds paid to
veterinarians, spent on materials, and on administration, advertising, and
other costs; and the total number of animals served including, dogs and
cats spayed/neutered, dogs and cats microchipped.
4. SOS shall record the following information from program participants:
resident's name and address, pet's name, sex and breed, owner's
telephone number and identification shown to prove residency in
Huntington Beach and eligibility for low-cost spay/neuter and microchip.
SOS shall produce this information at any time, if requested by the city.
J
SOS shall not use this information for fundraising or advertising without
the participant's permission.
C. City's Duties and Responsibilities
1. Provide guidance and direction regarding the city's expectations for the
Program, including participant eligibility and acceptable expenditures.
2. Provide funding for eligible expenditures.
3. Provide assistance/referrals with internal city departments, as needed.
D. Work Program/Project Schedule
This program does not involve a fixed schedule. Save Our Strays may
continue to provide services using the city's funding until such time as the
funding is exhausted, or the city requests any unexpended funds to be
returned.
INSURANCE AND INDEMNIFICATION WAIVER
3
Hun. $eadr®_'
MODIFICATION REQUEST
1. Requested by: Pete Grant -City Administrator's Office
2. Date: March 12, 2003
3. Name of contractor/permittee: Save Our Strays - Huntington Beach
4. Description of work to be performed: No/low cost pet micro-chipping and spay and neuter
clinics
5. Value and length of contract: $15,000, 1 year
6. Waiver/modification request: Waiver auto insurance requirements
7. Reason for request and why it should be granted: Contractor claims limited exposure
volunteers should not be driving for ci s onsored reasons and inabili to acquire
insurance.
8. Identify the risks to the City in approving this waiver/modification: Only volunteers'
personal auto insurance would be in place to protect the cily were a SOS volunteer
involved in an auto accident as part of staffing the clinics
Department Head Signature ate:
APPROVALS
Approvals must be obtained in the order listed on this form. Two:; pprovals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney'. Office disagree.
1. Risk Management
kApproved ❑ Denie
Signature Date
2. City Attorney's Office
Approved ❑ Denied
Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the complete:d waive rlmodification:request is to be submitted to the
City Attormey's Office along with the contract for appro►ral. Once the contract has been approved,
this form is to be filed with the Risk ManagernentDivision of Administrative Services
Insurance& Indemnification Waiver 3/12/2003 5:21 PM
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DECLAKATION of NON-LMPLOYLK 5TAT05
In order to comply with City Council Resolution No. 4277, you arc required to Provide Proof of
Workers'Compensation insurance. Ifyou have no employees,this form must be signed and returned to:
City of Huntington beach
Risk Management Division
2000 Main Street
Huntington beach,CA 926+8
I certify that in the performance of the activity or work for which this Permit is issued, I shall not employ
any person to any manner so as to 6ccome su6ject to California Workers' Compensation insurance
requirements.
I authorize the City of Huntington gjeach to immediately and retroactively revoke the license or permit
issued under this declaration if I Dire any employee(s) or 6ccome sub ect to the provisions of the laws
requiring Workers'Compensation Insurance.
ApplicanVCompany Name:
Address: _f 0 . )5 oX �& t 3ell �z k a 0�3
Applicant's Signature: 1)ate:
31L Z03
Title: ezv�
Location Signcd- j
Telephone Num6en T ?4P0— VOf?
PROV FOI�
..R WGRATH,City Attorney
G1RiskMgmtlCert-1ns1WG-Wvr.Doc (Rev. 9/1212002)
0
RCA ROUTING SAEET
INITIATING DEPARTMENT: City Administrator's Office
SUBJECT: Grant Agreement with Save Our Strays for Animal Microchip
and S a }Neater Clinics
16 COUNCIL MEETING DATE: Aril 21 , 2003
. . .............. . .... ..
:RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if a licable Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney Attached
Subleases, Third Party Agreements, etc.
Ap roved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbud et, over$5,000) Not Applicable
Bonds if applicable Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report If applicable Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED
Administrative Staff
Assistant City Administrator Initial
City Administrator initial
City Clerk
EXPLANATION FOR:RETURN OF ITEM:
(Below • Only)
RCA Author: