HomeMy WebLinkAboutContracts & Agreements_107-2023AGREEMENT TO PERFORM VETERINARIAN SERVICES
This agreement for the provision veterinary services and medical supplies ("Agreement")
is made and entered in this 20th day of June, 2023, with an effective date of July 1, 2023
("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and
Pet Land Inc., a California corporation DBA Highland Village Pet Hospital, ("Contractor"). City
and Contractor are sometimes individually referred to herein as a "Party" and, together, as the
"Parties." In consideration of the mutual promises contained herein, City and Contractor agree as
follows:
ARTICLE 1— ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to provide veterinary services and medical supplies for
City's Animal Services (the "Services").
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONTRACTOR
2.1 The specific Services that Contractor shall perform are to provide veterinary services,
medical supplies, and spay/neutering, on an as needed and requested basis by City and as
more particularly described in Exhibit "A," which is attached hereto and incorporated
herein by reference.
2.2 Contractor shall comply with applicable federal, state, and local laws and regulations in
the performance of this Agreement.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City designates Facilities and Community Services Sr. Manager, Don Craw, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret, and define City's
policies and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 The term of this Agreement shall be for three (3) years, commencing upon the Effective
Date of this Agreement (the "Initial Term"). The City shall have the option to extend the
Initial Term of this Agreement by two (2) one-year additional terms (each, an "Extended
Term"), on the same terms and conditions, by providing written notice to Contractor at
least thirty (30) days prior to the expiration of the Initial Term or any Extended Term.
The Initial Term and the Extended Terms are hereby collectively, referred to herein as the
"Term" of this Agreement.
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ARTICLE 5 — PAYMENTS TO CONTRACTOR
5.1 The annual compensation for Contractor's performance of the Services shall not exceed
the amount of Two Hundred Twenty -Five Thousand ($225,000) for the initial twelve
month period after the Effective Date of this Agreement. Not to exceed annual
compensation shall increase by Five percent (5%) for each subsequent year of service.
Total compensation shall not exceed the amount of One Million Two Hundred Forty -
Three Thousand Two Hundred Sixty -Seven Dollars ($1,243,267) for the Term of this
Agreement. City shall pay Contractor on a time and materials basis up to the not to
exceed amount, based upon the rates shown in Exhibit "A."
5.2 Contractor shall submit monthly invoices by the 10a' day of the following month to City
describing the Services performed during the preceding month. Contractor's invoices
shall include a brief description of the Services performed and the dates the Services were
performed. City shall pay Contractor no later than thirty (30) days after receipt and
approval by City of Contractor's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section:
City
City of Redlands
Animal Services Division
35 Cajon Street, Suite 222
P.O. Box 3005 (mailing)
Redlands, CA 92373
Contractor
Pet Land Inc.
DBA Highland Village Pet Hospital
7257 Boulder Ave
Highland, CA 926346
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services. Contractor shall not
perform any Services unless and until the required insurance listed below is obtained by
Contractor. Contractor shall provide City with certificates of insurance and endorsements
evidencing such insurance prior to commencement of the Services. Insurance policies
shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
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statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self -insured or exempt from the workers' compensation laws
of the State of California. Contractor shall execute and provide City with Exhibit "B,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required. City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
C. Contractor shall secure and maintain professional liability insurance throughout the
term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim
made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability. This coverage shall include all Contractor owned vehicles
used in connection with Contractor's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City.
E. Contractor is expressly prohibited from assigning or subcontracting any of the
Services without the prior written consent of City. In the event of mutual agreement
by the Parties to assign or subcontract a portion of the Services, Contractor shall add
such assignee or subcontractor as an additional insured to the insurance policies
required hereby and provide City with the insurance endorsements prior to any
Services being performed by the assignee or subcontractor.
6.2 Contractor shall defend, indemnify and hold harmless City, and its elected officials,
employees and agents, from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by and negligent act, omission or failure to act by Contractor, or its officers, employees
and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Contractor's Services. Contractor further covenants and
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represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor:
A. Does not make or participate in:
(i) the making or any City governmental decisions regarding approval of a
rate, rule or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of City permits, licenses,
applications, certifications, approvals, orders or similar authorization or
entitlements;
(iii) authorizing City to enter into, modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and to
which City is a party, or to the specifications for such a contract;
(v) granting City approval to a plan, design, report, study or similar item;
(vi) adopting, or granting City approval of, policies, standards or guidelines for
City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making
a governmental decision or otherwise perform the same or substantially the same
duties for City that would otherwise be performed by an individual holding a position
specified in City's Conflict of interest Code under Government Code section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, result in City's immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent Contractor and shall
perform the Services as an independent Contractor. Neither City nor of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth. Contractor shall supply necessary tools and instrumentalities required to
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perform the Services. Assigned personnel employed by Contractor are for its account
only, and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to
bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Contractor of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Contractor at the time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Contractor. Upon
receipt of a termination notice, Contractor shall immediately discontinue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City, copies (in both hard copy and electronic form, where
applicable) of project related data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Contractor in performing the Services. Contractor shall be compensated
on a pro-rata basis for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor pursuant o this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Contractor.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, an
amendment to this Agreement shall be in writing, approved by City and signed by City
and Contractor.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed
in confirmation of this Agreement.
CITY OF REDLANDS
By:
dd4Tqjjea.,Mayor
ATTEST:
e e Donaldson, City Clerk
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PET LAND INC.
HIGHLAND VILLAGE PET HOSPITAL
B
Y:
Dr. Han T. Yuhan, D.V.M.
EXHIBIT "A"
SCOPE OF SERVICES
1. Provide board certified veterinarians, licensed to practice veterinary medicine in the
state of California. Veterinarians shall be available to the Redlands Animal Shelter
from 8:00 am to 5:00 pm, Monday- Friday and 8:00 am to 12:00 pm on Saturdays.
Provide veterinary technicians to support animal examinations, medical treatments.
surgical preparation, and post -surgery care.
Provide full -service health examinations, medical treatments, and surgical
procedures for animals identified by Animal Services staff.
4. Provide spay/neuter surgical services for canines and felines (includes appropriate
anesthesia and pain medications).
5. Provide all necessary and required medications, equipment, supplies and materials
to accomplish full -service delivery of health assessment examinations, medical
treatments, and surgical services. Provide sedation and euthanasia supplies for use
by trained Animal Services staff.
6. Provide injury and illness examinations, medical treatments, and/or surgical services
to restore animals to good health and body conditions so animals can be made
available for adoption as soon as practical. Services shall include urine analysis,
fecal analysis, blood analysis, X-rays, and/or other diagnostic tests necessary to
assess the health and condition of animals, as requested and pre -approved by the
Redlands Animal Services Supervisor or designee.
Provide full wellness check evaluation of any animal prior to adoption, including
rabies vaccination, as requested by Animal Services staff.
8. Submit monthly invoices for veterinary services. All requests for payment shall be
accompanied by medical records and other relevant supporting data.
9. Participate with Animal Services staff to develop policies, procedures, and practices
to reduce the spread of infectious disease in the animal population.
10. Provide guidance to Animal Services staff on follow up treatment and Euthanasia.
11. Professional assistance for cruelty/neglect investigations. The service provider may
be asked to provide professional evaluation and advice to Animal Services staff
concerning the medical and health conditions of animals suspected to be the object
of cruelty or neglect and perform autopsy examinations when required.
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12. Provide professional testimony in court for criminal or civil litigation and
administrative hearings, when necessary and at the request of Animal Services staff.
13. Provide training to Animal Control staff in the areas of euthanasia, animal first aid,
evaluations, vaccinations, microchips, and infectious disease control when
necessary and at the request of Animal Services.
14. Provide after-hours phone consulting services twenty-four hours per day and seven
days per week for medical emergencies or disasters.
15. Provide part-time Veterinary Technician and/or Park Time Kennel Attendant to
support the Redlands Animal Services Department.
Veterinary Technician - Estimated 4 hours daily Tuesday — Saturday
➢ Typical duties to include:
• Evaluations, Follow Ups, Medications, Vaccines,
Wound Care, Disease Control/Monitoring, Vet
Coordination, Other services as required/qualified for.
o Kennel Attendant - Estimated 4 hours daily Tuesday — Saturday
➢ Typical duties to include:
• Cleaning and Sanitation of kennels and other shelter
facilities, animal feeding, animal socialization and
enrichment, other activities as required/qualified for.
16. Provide staff (Veterinary Technician) for annual low-cost rabies vaccination clinic
event for the purpose of dog licensing for the City of Redlands.
o Annual event date will be determined and coordinated between Animal
Services staff and Veterinarian.
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Service
FEESCHEDULE
Cost Year Cost Year
One Two
Cost Year Cost Year Cost Year
Three Four Five
Monthly Doctor Fixed Cost
$85
$89
$94
$98
$103
Wellness Exam
$25
$27
$29
$30
$32
Injury / Illness Exam
$25
$27
$29
$30
$32
After Hours Emergency Service Call
$130
$137
$143
$150
$158
X-Rays (Per View)
$50
$53
$56
$59
$62
Lab Test (Per Panel)
$50
$53
$56
$59
$62
Additional Procedures and Treatment
(Discount From Current Hospital Rate)
20%
20%
20%
20%
°
20%
Vaccinations
Distemper, Parvovirus
$20
$21
$22
$23
$24
DHPP
1 $10
$11
$12
$13
$14
Rabies
$10
$11
$12
$13
$14
Vet Technician (Hourly Rate)
$27
$28
$30
$31
$33
Kennel Attendant (Hourly Rate)
$18
$19
$20
$21
$22
Medical Supplies and Medications 5%
5%
5%
5%
5%
(Markup from Cost)
SPAY and NEUTER SERVICES
Spay Feline
$59
$62
$65
$68
$72
Tattoo Marking
$5.0
$5.5
$6.0
$6.5
$7.0
In Heat Charge
$55
$58
$61
$64
$67
Pregnancy (Stage 1)
$100
$105
$110
$116
$122
Pregnancy (Stage 2)
$200
$210
$221
$232
$243
Pregnancy (Stage 3)
$300
$315
$331
$347
$365
Pregnancy (Stage 4)
$400
$420
$441
$463
$486
Neuter Feline
$44
$47
$50
$53
$55
Retained Testicle
(Inguinal Approach)
$50
$53
$55
$58
$61
Retained Testicle
(Midline I Approach)
$200
$210
$221
$232
$243
Spay Canine
0-30lbs.
$69
$73
$77
$81
$85
In Heat Charge
$55
$58
$61
$64
$67
31-50lbs.
$89
$94
$99
$104
$109
In Heat Charge
$65
$68
$72
$75
$79
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51-75lbs.
$104
$110
$116
$122
$128
In Heat Charge
$75
$79
$83
$87
$91
76-100lbs.
$124
$131
$138
$145
$152
In Heat Charge
$85
$89
$94
$98
$103
100lbs.and above
$144
$152
$160
$168
$176
In Heat Charge
$95
$100
$105
$110
$115
Additional Spay Charge (All Weights)
Pregnancy (Stage 1)
$150
$158
$165
$174
$182
Pregnancy (Stage 2)
$250
$263
$276
$289
$304
Pregnancy (Stage 3)
$350
$368
$386
$405
$425
Pregnancy (Stage 4)
$450
$473
$496
$521
$547
Tattoo Marking
$5.0
$5.5
$6.0
$6.5
$7.0
Neuter Canine
0-30lbs.
$59
$62
$65
$68
$72
31-50lbs.
$79
$83
$88
$92
$97
51-75lbs.
$94
$99
$104
$109
$115
76-100lbs.
$114
$120
$126
$132
$139
100lbs.and above
$134
$140
$147
$154
$162
Retained Testicle (All Weights)
(InguinalApproach)
$100
$105
$110
$116
$122
Retained Testicle (All Weights)
(Midline I Approach)
$250
$263
$276
$289
$304
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more
insurers duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of
consent to self -insure, either as an individual employer, or as one employer in a
group of employers, which may be given upon fiirnishing proof satisfactory to the
Director of Industrial Relations of ability to self -insure and to pay any
compensation that may become due to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the informati n
and representations made in this certificate are true and correct.
PET LAND INC. Date: /
DBA HIGHLAND VILLAGE PET HOSPITAL
By:
-Y----
Dr. Han T. Yuhan, D.V.M.
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