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HomeMy WebLinkAboutC24202 - 2nd AMND to MOU - Animal Control Field Svcs CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: By Minute Motion, approve the Second Amendment to the Memorandum of Understanding (MOU) between Riverside County Department of Animal Services, Riverside, California, and the City of Palm Desert, providing Field Animal Control Services, and appropriate additional funding to compensate for these services. This MOU provides services for five years — July 1, 2007 to June 20, 2012. SUBMITTED BY: Hart Ponder, Jr., Code Compliance Manager CONTRACTOR: Riverside County Department of Animal Services 5950 Wilderness Avenue Riverside, CA 92504 DATE: August 27, 2009 CONTENTS: Second Amendment to the Memorandum of Understanding (Exhibit A) MOU Between County Department of Animal Services and the City of Palm Desert Contract C24202 (Exhibit B) Animal Control Services Agreement— Field Services (Exhibit C) Professional Services Amendment No. 2 (Exhibit D) Summary of Contract (Exhibit E) Recommendation: That the City Council, by Minute Motion: (1) approve the Second Amendment to the MOU between Riverside County Department of Animal Services and the City of Palm Desert (Exhibit A), and the City of Palm Desert — FY 09/10 Budget Field Services (Exhibit C) with Riverside County, Department of Animal Services; (2) authorize the Mayor to execute same; and (3) appropriate $20,583.70 from unallocated General Fund reserves to account No. 110-4230-442-3090. The MOU's term of services is for five years — July 1, 2007 to June 20, 2012, (Contract No. C24200) and is based upon the estimated cost of $119,077 for FY 09/10, with a ten percent contingency ($11,907.70) added to address overtime and mileage estimates, for a total amount not to exceed $130,984.70. Executive Summary: Based on the County's ongoing efforts to provide the best possible service to the City of Palm Desert, the City agreed to enter into a MOU for Field Animal Control Services commencing July 1, 2007. The period is for five years, renewable on an annual basis, Staff Report Riverside County Department of Animal Services Contract Extension Page 2 August 27, 2009 with the agreed costs to be considered and reviewed each fiscal year, with an emphasis on the City's needs related to Animal Control. Last year's actual costs were $99,379.44, and the increase to FY 09/10 is $19,697.56. The current contract for services in FY 09/10 is based on actual costs, which are expected to be $119,077, with a 10% contingency added to address overtime, such as animal endangering health or safety of the community, police department requests for emergency service, sick or injured stray animals, humane investigations — life threatening, etc., and mileage estimates, for a total amount of $130,984.70. In addition, the Shelter Services contract ($109,599) is included in the same budget allocation of $220,000, therefore creating a deficit of $20,583.70. Discussion: Staff has retained in the MOU the very successful low cost rabies clinic with the County, to be conducted twice a year, which will allow the citizens of Palm Desert to conveniently obtain rabies shots and licensing for their animals, while providing educational materials for responsible animal care. This cost is included in the total cost for Animal Control Services. The Scope of Services (SOS) under this agreement includes working with the Code Compliance Division to address any detailed cases or situation that may be presented, and assuring the City's policies related to customer service are followed. The SOS provides one field service person, performing general animal control functions and enforcing all pertinent City ordinances, i.e. routine patrols, rescues, investigations of cruelty complaints, court appearances, impounds of dangerous, wild injured or loose animals, and the removal of dead animals. The assigned person will provide these services primarily during normal work hours; however, service is available 24 hours a day, seven days a week, as needed. The FY 2009/10 budget was based upon actual costs from FY 2007/08 plus anticipated escalation. However, the increase in costs has outpaced expectations. Therefore, the appropriation of an additional $20,583.70 to Account No. 110-4230-442-3090 is required for this contract modification. Submitted By: Review and Concur: � Hart Ponder, Jr., Code Compliance Manager Lauri Aylaian, Director Community Development Community Development Approval: Approval: Jo . Wohlmuth, City Manager Paul Gibson, Director of Finance r G:I Sl�nningWanine JudylWord FileslCode Animal ServiceslSR Anima/Control Services FY2009-2070 Amendment 2 081709.doc REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 27, 2009 XVI. OLD BUSINESS B. REQUEST FOR APPROVAL OF THE SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES AND THE CITY OF PALM DESERT FOR ANIMAL CONTROL FIELD SERVICES AND APPROPRIATION OF ADDITIONAL FUNDING RELATED THERETO (CONTRACT NO. C24202) Rec: By Minute Motion: 1) Approve the Second Amendment to the subject MOU between County of Riverside Department of Animal Services and the City of Palm Desert for Animal Control Field Services — term of MOU is July 1 , 2007, to June 30, 2012; authorize the Mayor to execute same; 3) appropriate $20,583.70 from unallocated General Fund Reserves to Account No. 110-4230- 442-3090 for this purpose — estimated cost of $119,077 for FY 2009-2010, with 10% contingency ($11,907.70) to address overtime and mileage estimates, for a total amount not to exceed $130,984.70. CtTY COUNCILACTION APPROVED � DENTED RECEIVED OTHER MEFTI G DAT� " 7 AYF,S. � i�' �7G�I" n i� NOES: L� �.. , ABSENT: ��6�,- ..,.�_.����� ABSTAIN: VERIFIED BY: � ��' Original on File with Ci erk's Office Exhibit A - MOU #C24202 1 SECOND AMENDMENT 2 TO THE MEMORANDUM OF UNDERSTANDING 3 BETWEEN 4 RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES s AND 6 CITY OF PALM DESERT � (Field Services to City) s That certain Agreement between the County of Riverside through its Community 9 Health Agency, Department of Animal Services (COUNTY) and City of Palm Desert lo (CITY), approved on January 15, 2008, Item 3.6, is hereby amended for the second 11 time, effective July 1, 2009, as follows: 12 ➢ To increase the amount of compensation for Fiscal Year 09/10 from 13 ninety-one thousand, three-hundred eighty-seven ($91,387) to one- hundred nineteen thousand dollars, seventy-seven dollars ($119,077); 14 ➢ To amend section IV. "Comqensation," to include the following sentence 15 at the end of the first paragraph: `The billable mileage rate shall reflect the current IRS rate and shall be adjusted as necessary." 16 ➢ To delete the language of section VIII. `Termination" and replace it with 1� the following language: `The CITY may terminate this contract upon 60 days written notice to the COUNTY and the COUNTY may terminate this 18 contract with the same 60 days written notice to the CITY stating the extent and effective date of termination. COUNTY shall be entitled to 19 compensation for all services rendered prior to and including the termination date." 2� ➢ To delete "Exhibit A— Scoqe of Service" in its entirety and replace it with 21 the new "Exhibit A— Scoqe of Service", attached hereto; ➢ To delete "Exhibit C - Fiscal Year BudpeY' in its entirety and replace it with 22 the new"Exhibit C - Fiscal Year BudaeY', attached hereto; 23 ➢ All other terms and conditions of this Agreement are to remain 24 unchanged. 25 City of Palm Desert - Second Amendment - Page 1 Exhibit A - MOU #C24202 1 IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized a representatives to execute this Amendment. 3 COUNTY OF RIVERSIDE CITY 4 City of Palm Desert 5 By By Chairman, Board of Supervisors Robert A. Spiegel, Mayor 6 � Attest Attest 8 gy; gy: 9 Date: Date: 10 11 PMG: mecc 12 13 14 15 16 17 18 19 20 21 22 23 24 25 City of Palm Desert - Second Amendment - Page 2 CONTRACT NO. C24202 MEMORANDUM OF UNDERSTANDING 07-065 E�hibit B BETWEEN RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES AND CITY OF PALM DESERT This Memorandum of Understanding (MOU), inciuding all Exhibits and Attachments, is made and entered into by and between the CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and the COUNTY OF RIVERSIDE, DEPARTMENT OF ANIMAL SERVICES, hereinafter referred to as "COUNTY", to be effective on the date approved by both parties. RECITALS: WHEREAS, on August 25, 2005 the CITY awarded a contract to the COUNTY to provide and perform a broad range of animal control activities for the purpose of safeguarding the health and safety of its domestic and wild animals, promoting the humane treatment of animals and for enforcing CITY and County ordinances relating to animal control per the Scope of Service (Exhibit A) and Operating Procedures (Exhibit B); and, WHEREAS, the COUNTY has the personnel and experience to provide such animal control services, and is willing to enter into a MOU with the CITY for the provision of such services, subject to the terms and conditions and for the compensation as hereinafter set forth. WHEREAS, the CITY and COUNTY agree to now enter into, this Memorandum of Understanding for a period of five (5) years, renewable on an annual basis, with agreed cost of services as noted. NOW THEREFORE, in consideration of the mutual promises, covenants and condition contained herein, the parties mutually agree as follows: �h}ri�.ti i'H"k � .v1F;`v l `i f'�.:' I 'r' t-.''i(�l;'(';:O ??E'"1'(;R�� 1 i_'L1:IZ��.":`; ( `�;�;'�; _ � � . .,,n tiT _ t) . . , r , . . fi... ��;.1 ..,/ lll:, � , �� �..�iti\ �i7_j. ��� �� � �nnR ���. CONTRACT NO. C242�'2 : 07-065 I. TERM ' '' --� Exhibit B The term of this MOU shall be from July 1, 2007 through June 30, 2012, renewable on an annual basis, or such later date as may be agreed between parties. II. CITY'S OBLIGATION For furnishing animal control services, as specified in this MOU, CITY will pay and COUNTY shall receive in full compensation based on the budgeted amount of the actual program costs and expenses, a total annual sum not to exceed the amount set forth in Exhibit C as mutually agreed upon in writing, for Fiscal Year 2007/2008. "Fiscal Year" as used herein, shall mean from July 1 St of one year through June 30�' of the following year. For each subsequent Fiscal Year of the term of the MOU, as well as any renewals; the budgeted amount may be adjusted and shall be based upon actual program costs and expenses to be mutually agreed upon in writing by CITY and COUNTY. III. COUNTY'S OBLIGATIONS For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, COUNTY agrees with CITY to furnish animal control services and to do everything required by this MOU and the said Scope of Service attached hereto as Exhibit A, as well as Animal Control Operating Procedures attached hereto as Exhibit B and incorporated herein by this reference. IV. COMPENSATION CITY and County agree that the costs for animal control services provided under this MOU shall be based on CITY's budgeted amount and billed at the actual program costs and expenses pursuant to this MOU. The budget for Fiscal Year 2007/2008 is attached hereto as and incorporated herein as Exhibit C. For each subsequent Fiscal _ Year of the term of the MOU, as well as any renewals, the budgeted amount may be adjusted and shall be based upon actual program costs and expenses to be mutually agreed upon in writing by CITY and COUNTY. 2 CONTRACT NO. C24202 07-065 Fxhibit 8 Special or unanticipated costs, such as animal cruelty cases or wild fires, shall be billed at the COUNTY's actual cost to provide such services to CITY. CITY will be notified of any and all special circumstance calls at the time of the incident. If such costs are apportioned by the COUNTY pursuant to this MOU, the rate of such apportionment may be recalculated at the end of the first fiscal year or earlier and readjusted as necessary, with mutual consent by a written supplement to this contract. The COUNTY shall, at request of CITY, furnish customized reports regarding such costs. It is further understood by both CITY and COUNTY that the budgeted and appropriated amount for animal control services will not be increased during the Fiscal Year unless mutually agreed by the parties in writing. Therefore, if line item costs are higher than anticipated, the total budgeted amount shall govern and services may be reduced or eliminated or line item adjustments made following mutual consultation between the CITY and COUNTY. For each Fiscal Year, COUNTY shall provide to CITY as soon as possible, but not later than March 15"', a fiscal projectioNbudget of revenues, expenditures and appropriations for the upcoming Fiscal Year. Commencing within one (1) month following execution of this MOU, CITY shall remit to COUNTY by the twenty-fifth (25th) day of each month CITY's actual cost of the operation of the animal control services as budgeted for the previous month, less revenue collected by the COUNTY from CITY fees during that same time period. This MOU shall be budgeted utilizing the performance based contract method for which said budget will be based upon the number of estimated hours, types and levels of services required by CITY. The number of staff and supplies shall be at the discretion of the COUNTY in order to accomplish the service hours performed by COUNTY and billed monthly in arrears. CITY shall pay COUNTY upon presentation of 3 � CONTRACT NO. C24202 . � 07-065 such billing and accounting by the twenty-fifth (25�') day of each month. �xhibit s � ' V. MUTUAL HOLD HARMLESS A. CITY shall indemnify and hold harmless all Agencies, Districts, Special Districts and Departments of the County of Riverside — its respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability whatsoever, based or asserted upon any services of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of CITY, its officers, agents, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of CITY, it's officers, agents, employees, subcontractors, agents or representatives from this MOU. CITY shall defend at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts, and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any claim or action based upon such alleged acts or omissions. B. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or 4 Exhibit B CONTRACT NO. C24202 circumscribes CITY'S indemnification to COUNTY as set forth herein. CITI('S obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at CITY'S expense, for the defense or settlement thereof. CITY'S obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. C. The specified insurance limits required in this MOU shall in no way limit or circumscribe CITY'S obligations to indemnify and hold harmless the COUNTY herein from third party claams. D. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CITY from indemnifying the COUNTY to the fullest extent allowed by law. E. COUNTY shall indemnify and hold harmless all Agencies, Districts, Special Districts and Departments of the CITY — its respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability whatsoever, based or asserted upon any services of COUNTY its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of COUNTY, its officers, agents, emptoyees, subcontractors, agents or representatives from this MOU, COUNTY shall defend at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the CITY, their 5 Exhibit B � . CONTRACT NO. C2'420z 07-065 respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any claim or action based upon such alleged acts or omissions. F. With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY'S indemnification to CITY as set forth herein. COUNTY'S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at COUNTY'S expense, for the defense or settlement thereof. COUNTY'S obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved. G. The specified insurance limits required in this MOU shall in no way limit or circumscribe COUNTY'S obligations to indemnify and hold harmless the CITY herein from third party claims. H. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civif Code 2782. Such interpretation shall not retieve the CITY from indemnifying the COUNTY to the fullest extent allowed by law. VI. INSURANCE A. Liabilitv Insurance. The COUNTY shall procure and maintain for the duration of the MOU 6 Exhibit B CONTRACT NO. C24202, ' 07-065 commercial general liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the COUNTY, its agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the COUNTY. The COUNTY shall maintain generai commercial liability of not less than One Million Dollars ($1,000,000.00) per occurrence for all covered losses and not less than Two Million Dotlars ($2,000,000.00) general aggregate. Any deductibles or self-insured retention must be declared to the CITY and approved by the Risk Manager. The self- insured commercial liability and automobile liability are to contain the following provisions: 1. COUNTY shall maintain a self-insured program of commercial general liability to protect the COUNTY and the CITY, its officers, officials, employees, agents and volunteers from liability arising out of activities performed by or on behalf of the COUNTY, products and completed operations of the COUNTY, premises owned, occurred or used by the COUNTY, including automobile liability insurance on owned, leased, hired or borrowed by the COUNTY. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees, agents or volunteers. 2. For any claims related to the COUNTY'S insurance coverage the COUNTY'S coverage shall be primary insurance as respect to the CITY, its officers, employees, agents and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, employees, agents and volunteers shall be excess of the COUNTY'S insurance and shall not contribute with it. 3. Any failure to comply with the reporting or other provisions of the policies including breach of warranties shall not affect coverage provided the 7 CONTRACT NO. C24702 . 07-Of5 CITY, its officers, officials, employees, agents or volunteers. �xhibit B 4. COUNTY'S self-insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Any change to the items listed above must be brought to CITY'S attention, with thirty (30) days prior written notice. Insurance shall be placed with current A.M. Best's rating of not less than A:VII. B. Automobile Insurance. During the term of the contract, and any extension thereof, the COUNTY shatl procure and maintain automobile liability insurance of not less than One Million Dollars ($1,000,000.00) per accident for all covered losses. C. Worker's Com�ensation Insurance. The COUNTY shall procure and maintain Worker's Compensation insurance as required by the State of California and Employer's Liability fnsurance. The Employer's liability policy shall be not less than One Million Dollars ($1,000,000.00) for all covered losses. D. Verification of Coveraae. The COUNTY shall furnish the CITY with original endorsements affecting coverage required by this clause. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be provided on standard ISO forms. All endorsements are to be received and approved by the Risk Manager. E. Independent COUNTY 8 Exhibit B CONTRACT NO. C24202 07-065 COUNTY shall perform all services required herein as an independent COUNTY of CITY and shall remain at all times as to CITY a wholly independent COUNTY. VII. AMENDMENTS Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon mutual approval by the City Council of the CITY and the Board of Supervisors of COUNTY. VIII. TERMINATION CITY reserves the right to terminate this MOU at any time, with or without cause, upon written thirty (30) day notice to COUNTY. Upon receipt of any notice of termination from CITY, COUNTY shall immediately cease all services hereunder except such as may be specifically approved in writing by CITY. COUNTY shall be entitled to compensation for all services rendered prior to receipt of CITY'S notice of termination and for any continued services authorized in writing by CITY thereafter. COUNTY resenres the right to terminate this MOU at any time, with or without cause, upon written thirly (30) day notice to CITY, but will continue to provide animal control services pursuant to the Scope of Senrice (Exhibit A), for the contracted fee until the CITY is able to obtain a suitable replacement, provided that the replacement services are in-place within three (3) months of the termination date, at which time the COUNTY may cease providing such services to the CITY, unless otherwise agreed to in writing. IX. COMPLETE MEMORANDUM OF UNDERSTANDING This written MOU, including all writings specifically incorporated hereby in reference, shall constitute the complete MOU between the parties hereto. No oral MOU, agreement or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral MOU, agreement or representation be binding upon the parties hereto. 9 CONTRACT NO. C2�2�2 � 07-06� . X. RECORDS AND REPORTS Exhibit B � Upon request by CITY, COUNTY shall prepare and submit to CITY records and reports concerning COUNTY'S performance of the services rendered under this MOU. CITY shall have access, upon reasonabie notice, to the books and records of COUNTY related to COUNTY'S performance of this MOU in the event any audit is required. XI. NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: OFFICE OF THE CITY CLERK COUNTY CITY of Palm Desert County of Riverside 73-510 Fred Waring Drive Community Health Agency Palm Desert, CA 92260 Department of Animal Services 5950 Wilderness Avenue Riverside, CA 92504 Attention: Palge Hamtil, Administrative Services Division Director XI1. LITIGATION COSTS In the event an action is filed by either party to enforce any rights or obligations under this MOU, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. XII1. AUTHORITY TO EXECUTE MEMORANDUM OF UNDERSTANDING Both CITY and COUNTY do covenant to each individual executing this MOU on behalf of each party is a person duly authorized. 10 Exhibit B CONTRACT NO. C2420 2 07-065 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first herein above written. CITY OF PALM DESERT COUNTY OF RIVERSIDE A Municipal Corporation COMMUNITY HEALTH AGENCY Department of Animal Services RICHARD KELLY, MAYO ROY WILSO CITY OF PALM DESERT, CALIFORNIA CHAIRMAN OF THE ao OF SUPERVISORS ATTEST: ATTEST: NANCY ROMERO, CLERK , B RACHELLE KLASSElV, CITY CLERK DEPUTY CITY OF PALM DESERT, CALIFORNIA �OR PROVED COUNTY COUNSE �Y: �° 3l ��� ; � ; 11 :��� � �� �00� 3.�, County of Riverside, Community Health Agency Department of Animal Senrices (With carpool expense and animal control box) EXHIBIT C CITY OF PALM DESERT- FY09/10 Budget Field Services Personnel 1 FTE Animal Control Officer Salary $39,423 Benefits $19,613 Worker's Compensation $1,160 Sub-total Salaries/Benefits $60,196 "*Stand-by Animal Control Officer Time; @17 hours/mo, x $55.00/hour x 12 mos, $11,220 Mileage; @,55/mile x 300 miles/mo. X 12 mos, $1,980 Sub-total Standby Expense $13,200 Total Personnel Expense -Field Services $73,396 Supplies and Other Charges Supplies and Other Charges $30,098 (Uniforms,communication equipment, hand tools, pharmaceuticais,over head,etc.) Carpool Expense (fruck Lease/Maintenance) $6,970 Animal Licensing Fee (1250 x $5.85) $7,313 Trap Rentals (65 x $20) $1,300 Total Supplies/Other Char es - Fieid Services S45,680 Veterinary Services Charges Vaccine Clinic (2 times annually @ 5885,00 per clinic) $1,770 Totai Veterinary Services Char es: $1,770 Grand Total - Field Services $119,077 Comments: "Amounts are estimates and may change depending on actual use. as of 6/10/09 PMG Exhibxt D CI1'Y OF PAI,M DESERT Contract#/P.O.# c242o2 PRUFESSIONAL SERVICE AMENDMENT AmendmenU Change Order No. 2 Contingency: YES X NO Contract Purpose Animal Services Field Contract Account No. 110-4230-442-3090 ConsultanYs Name County of Riverside Community Health Agency Project No. Address: Post OffiCe Box 7849, Riverside, CA 92513-7849 vendor rvo. 11137 You are hereby requested to comply with the following changes from the contract plans and specifications: DECREASE INCREASE DESCRIPTION OF CHANGES In Contract Price In Contract Price Expenditure increases in the Field Contract for Fiscal Year 2009-2010 associated with Exhibit C of the Second Amendment to MOU #C24202 County of Riverside Department of Animal Service contract Total contract budget is $199,077. Original contract budget was $91,387 The increase to FY 09/10 is $27,690 27,690.00 10% contigency is $11,907.70 11 ,907.70 Total contract budget is $130,984.70 TOTALS: - 39,597.70 NET CHANGE IN CONTRACT PRICE: 39,597.70 JUSTIFICATION: TOTAL BUDGET FOR PROJECT: + 130,984.70 CONTINGENCY: Less: Expend. & Encumb. To Date: - - Amount Approved by Council: + - Less: This Change Order Amount: - - Less: Prior Amendment(s): - - BALANCE OF BUDGET Less: This Amendment: - - REMAINING FOR PROJECT: 130,984.70 Balance Remainin of Contin enc : - The amount of the Contract will be increased by the sum of: Thirty-nine thousand, five hundred and ninety- seven dollars, and seventy cents ($39,597.70.) G:\Planning\Janine Judy\Word Files\Code ScansWnimal Services\Contract Information\Contract C24202 Amendment No 2(2)081209.doc Continued on reverse ... Fxhibit D Contract C24202 Amendment No. Z Continued from front This Contract Amendment covers changes to the subject contract as described herein. The consultant shall perform all work as necessary or required to complete the Contract Amendment items for a lump sum price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension 30 Days. Revised Contract Total $130,984.70. The undersigned Consultant approves the foregoing Contract Amendment # 2 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Contract Amendment # 1 . The Consultant agrees to furnish all labor and materials and perForm all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Contract Amendment items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Contract Amendment shall be effective when approved by the Owner. Execution of this Contract Amendment by the Consultant constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Contract Amendment, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of productivity, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. 1. REQUESTED BY: 2. ACCEPTED BY: DEPARTMENT HEAD CONSULTANT 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: FINANCE DIRECTOR ROBERT A. SPIEGEL, MAYOR Date Approved NOTE: No payments will be made prior to City Manager and Council approval CITY MANAGER Date Approved G:\Planning\Janine Judy\Word Files\Code Scans�Animal Services\Contract Information\Contract C24202 Amendment No 2(2)081209.doc Continued on reverse ... 0 0 o cn o V� O Q M � O V � � T ,� c� I— � C� � � N Z ''' c,.) O � � O � v c� Z V m _ � � U Z o .� � v) ° LL c 2 F- � � � � o � U V •� 0 � � � � Q � � � � Z C � a �' U � O ,-. Q OV (�C C � .� fl" � � fA � O f� � cn a �o a � �o .'' W � T � � � O N � �� � � OHM � O O � U T .� W o a Q N o° o *,, = V U � � � � O � T T � H o U N N V � � � Z � Za o0 0 0 0 m aV � a� � � rn o rn � � rn � � � Op � � � or� .- aS � � � V U U � aN r co � � Q � W O � � � Z o N V � U � � o c � � U H Z � U Q � � � L � � � � Q � � �, Z Z � � Q � � � � � � � L.L � Z Q Q Q � �� c OZ Z Z U � U Q � C7 C7 C'� � � F- a O O O � o O � Q r N M � ln U