HomeMy WebLinkAbout _ 4.1(b)--Contract with Haven Humane Society � � �' � � �
� � � ' � �' � � ' � ` CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: June 17,2025 FROM: Barry Tippin, City Manager
ITEIVI NO. 4.1(b)
***APPROVED BY***
btippin@cityofredding.org
"S' �p�an,�`i K i�r� � C�„'[�1����
btippin@cityofredding.org
SUBJECT: 4.1(b)--Consider approval of Contract with Haven Humane Society (C-1618) for
the enforcement of Reddin Munici al Code Title 7 (Animals).
Recommendation
Approve contract (C-1618) with Haven Humane Society for the enforcement af Redding
Nlunicipal Code Title 7 (Animal Regulation) through June 30, 2027, in the amount of
$1,036,304.76 for Fiscal Year 2025-26 and 2026-27 pending approval of the Fiscal Year 2025-
27 Biennial Budget with an annual Consumer Price Tndex adjustment effective July l, 2025, and
July 1, 2026.
Fiscal Impact
The total cost of the proposed contract with Haven Humane Society is a General Fund
expenditure in the amount of$1,036,304.76 per year for Fiscal Years (FY) 2025-26 and 2026—
27 pending City Council's (Council) approval of the Ci2y's FY 2025-27 Biennial Budget. This
amount will be paid in twelve monthly installments of$86,358.73. Beginning July l, 2025, and
annually thereafter for the duration of the contract, the annual payment amount will be adjusted
based on the Consumer Price Tndex for"Pacific Cities" as measured from the previous year.
Alternative Actions
The Council could decline to approve the proposed contract and give staff alternate direction
with regard to continuing negotiations with Ilaven Humane Society on the contract. As animal
regulation services are an essential function of a healthy and safe community, declining to enter
into an agreement for animal regulation could be detrimental to City of Redding (City)residents.
Background
Since 1982, the City has contracted with Haven�Iumane Society(I�aven), a charitable non-profit
corporation, to provide animal regulation and shelter services within the City limits. During that
time, the City has benefitted from Ilaven's expertise and operational assets as a regional humane
society. In October 2009, Haven also assumed dog licensing services which were formerly
Report to Redding City Council June 10,2025
Re: 4.1(b)--Contract with Haven Humane Society Page 2
handled by the City Clerk's office. These services were incorporated into the existing contract
and remain part of the scope of service in the proposed contract.
Population growth, construction of new subdivisions, City parks, and the trail system have a11.
played a role in expanding the expectations of animal regulation and the needs of the citizens of
Redding.
Haven representatives and City staff have worked to keep a11 existing services, while containing
costs. Under the proposed contract, Haven would continue to provide around-the-clock Animal
Regulation patrol and/or on-ca11 services, a we11-maintained City shelter, administrative services,
licensing, and expertise and assistance with administrative citation appeals and dangerous dog
designation hearings. Haven also has a good working relationship with the Redding Police
Department and benefits from mutual field support when situations arise.
The proposed contract continues the provisions of the existing contract, which has served the
City and its citizens' well, and essentially extends services for two years through June 2027. Tt
should be noted that while not mandated under the contract, Haven operates a fully staffed
veterinary clinic adjacent to its shelter site which provides additional service benefits in cases of
emergency animal care. Haven also operates an adoption center to safely rehome animals that are
in its care.
Key elements of the proposed contract include:
o Respond to all animal-related calls 24/7 based on priority, with emergencies
receiving immediate response;
o Provide sheltering services;
o Conduct patrols of the City;
o Retrieve and impound stray animals;
o Investigate and administer quarantines in bite cases;
o Pick up and dispose of dead animals on roadways, and in some cases private
property;
o Investigate alleged animal cruelty;
o Assist the City in preparing dangerous dog designation cases for administrative
review and ensuring that disposition in those cases is met, including monitoring or
possible euthanasia; and
o Provide dog licensing services, including renewal mailings, advertising, and the
purchase of all supplies;
• Additional elements of the contract include:
o Administration of the Trap Neuter Release Program, including providing traps and
altering services for feral cats at an average rate of 8 cats per week (roughly 415
cats per year);
o Distribution of vouchers to the citizens of Redding who need financial assistance
with the alteration, vaccination, and licensing of pets;
o Providing two annual low-cost vaccination clinics;
o Online dog license purchase and renewal options;
o Regular dispatch and patrol hours for animal regulation officers (8:00 am — 5.00
pm; Monday through Friday); and
o Educate the public through marketing and educational campaign that promotes
healthy and responsible pet ownership in the City.
Report to Redding City Council June 10,2025
Re: 4.1(b)--Contract with Haven Humane Society Page 3
The contract is approved as to form by the City Attorney.
Environmental Review
This is not a project defined under the California Environmental quality Act, and no further
action is required.
Council PNiorities/City Manager Goals
• Budget and Financial M�anagement — "Achieve balanced and stable 10-year Financial
Plans for all funds."
• Public Safety — "Work to improve a11 aspects of public safety to help people feel secure
and safe where they live, work, and play in the City of Redding."
• Government of the 21st Century — `Be relevant and proactive to the opportunities and
challenges of today's residents and workforce. Anticipate the future to make better
decisions today."
Attachments
Contract with Haven Humane 2025-27 (C-1618)
Ilaven Humane Contract 2021-25 (C-1618)
CQ►NTRACT BETWEEN THE CITY C}F REDDING
ANI? HAVEIY HUMANE SOCIETY,INC.
THIS Ct�NT£�ACT is entered into by the CITY UF REDDING, a municipal corparatian, herein
referred to as "the City'> and HAVEN HUMANE SOCIETY, a charitable non�rafit carporation
du�y organized and exis�ing under and by virtue of the laws af the State of �alifornia, herein
referred to as"the Society,"
WITNESSETH:
E�AS, the City Council of the City of Redding is empowered by the State of California to
appropriate and expend money from City funds for Animal Regulation and Shelter Services zn the
R:edding area, and
WHE AS; the City desires to provide Animal Regulation and Shelter Services within the
incarparated areas of P,edding fc�r the purpc�se of enforcing the provisic�ns of Title'7 of the Reddiz�g
Municipal Code and applicable sections of State Code,and
WHE AS, the City has far rnany years cr�ntracted with the Society to serve as the City's
appointed ageney tc� provide animal regulatian services, and the City does not have sufficient
personnel to perforrn the functions herein, and
WHE AS, the City desires to use the administrative services, physical plant, equiprnent,
faciliti�s,and supplies of the Sc�ciety in the enforcement of anirnal regulations within the corporate
city limits, and the City further desires that the Soci�ty exercise the powers and duties for animal
regulation services as set fortb in Title '7 of Redding Municipal Cade ("Code"} as amended from
time to time, and
WHE' AS, the Society has performed and sha11 cr�ntinu� to perform its regular functions of
prevention of cruelty to animals {as cantemplated by �orporations Code Sectian 145fl1, et seq,},
protection of animals from suff�ring and fear, and promoting animal welfare by the followi�g
means, amc�ng others:
a> Sy educ�tion of the public on matters concerning the needs and care of animals;
b. By the investigatian of alleg�d cases of abuse or neglect of animals and their
prosecution when necessary;
c: By rehabilitatian of hQmeless or unwanted animals thrc�ugh supervised and
screened adoption placements;
d. By researching and recommending ordinance augmentations and changes; and
e. By the promotion of sterilization spaying and neutering ta reduce the
overpopulati�n of cats and dogs.
These functians are apart from and separat� fram the functians the Society shall perform under
this contract except where such functions may�verlap or may for eanvenience be joined, and
WHE AS, the Society represents itself as qualified and able to pravide required services and
desire5 to continue prc�viding services, supplies; materials, and use of its plant equipment and
facilities in the enfc�rcement a�d perfc�rmance of said pawers and duties fc�r the remuneration herein
stated:
NOW,THEREFCIRE,the parties hereta agree as fallaws:
1. Anirnal Re�ulatian Services. The City hereby authorizes, directs, and empowers the
Saciety to perform all the powers and duties ct�nfirmed and imposed b� local ordinance
and applicable state laws as they may be amended frc�m time to time during the terrn of this
Contract. The Society shall act and provide animal regulatian services pursuant t� the
powers set forth in fiitle 7 of the Redding Municipal Cade. Further, the 5ociety agrees to
perform the animal regulation related work and shall educate the public an respc�nsible pet
ownership guidelines and actively provide educational marketing to address common
violations and aberrant behaviors associated with pets in the cammunity.
2. `Term.The services prt�vided pursuant to this Contract shall begin an Ju1y l,2025,and end
June 30, 2027, B+�th parties agree to meet to review contract costs and scope prior to the
expiratic�n date of the contract. It is agreed that the Society or City may request changes at
that time tc� both the scope of services and/or costs. Costs of any madifications or added
services ar reduction in servic�s shall b� negatiated in gc�od faith. The Society agrees ta
prc�vide sheltering services to the City c�f Redding thrc�ugh the expiration of this cc�ntract.
3. Consideratian for Services. In consideration of the cc�ntracts and understandings to be
performed by the Society,the City agrees to pay the Society in the following man�er;
a. In year one {July 1, 2025 —June 30, 20�6),a total sum of�1,03b,304.'76 to
be paid�n twelve(12}monthly installments of$86;35$.73, on or befc�re the
15th of each manth for services rendered the month prior;
b. In year two(July l, 2026—June 30, 2027);a tc�tal sum of$1,036,304.�6 tc�
be paid in twelve {12}monthly installment�af�86;358:73, an or befare the
15th of each month for services rendered the month prior.
c: The annual payment described herein skall be adjusted each year as
measured on July 1, by the United States Bureau af Labor Statistics
Consulner Price Index(CPI}for"Pacific Cities,A11 Urban Ctrnsumers West
B1C"based on the previaus year's change.Ar�y adjustments vvill begin with
the cc�ntract year eammencing on July 1, 2025, and be applicable annually
on that date in subsequent years thraugh the duration of this cantract.
d. If far any r�asan the paym�n� is ta be dela�ed beyond the l5th of each
month, the City shali provide the Society prior notice and indicate a firm
date for receipt c�f payment,
e. Services include the foilc�wing e�ements
Contract Between the City of Redding Contract#1618
And Haven Humane Society,Inc. 2
1. Animal regulation and eontrol — enforcement of Title 7 c�f the
Redding Municipal Code, including the issuing of citations f�r
violatit�ns.
2. Sheltering— use of the Animal Shelter for animals impaunded in
the City af`Redding;
3. Trap-l�leut�r-Rel��tse—fully outlined in item b af this�ontract; and
4. Pubiie vouchers program — for spaying/neutering/vaceinatian far
City of Redding residents anly— 15{� vc�uchers valued at $5t1 each
and 125 vouchers ualue� at $75 each.
4. Animal Fte�ulatian and +Cantral.
a. Narmal business hours for anirnai regulation services shall include, at a minimum,
a period of ten hours each day, severi days per week. During times of emergency
when a declaration of emergency has been issued, the hours and terms may b�
amended. The Society and the Ci�y shall mutually agre� an appropriate beginning
and ending tirnes as well as any adaptatians ft�r times when the City or County has
declared an ernerge�cy.
b. The Society shall maintain a place of business which is within ten(10}miles of the
City of Redding city limits and which can be easil� accessed by the public. The
Society skall also establish and maintain a telephane number for the public t� call
and request service.
c. The Society shall maintain a set +�f records regarding dail� activities {etg., number
of calls received, numb�r of animals impc�unded, etc.}. The So�iety and the City
shall mutually agree on the content af these recc�rds.
d. T�e Saciety shall lbe responsible for providing all p�rsonnel and materials required
�o perform this Contract including, but not limited to; patrc�l persqnnel, shelter
persannel, dispatch personnel„ office pers�nnel, vehicl�s, equipment, cages,
uniforms,and other c�perating materials and supplies.The City agrees to furnish the
Society with a sufficient quantity of citation fc�rms to perform this service.
5, Cit� Shelter Functionm The Society agrees ta furnish and maintain during the term af this
contract} a building or enclosure tc� serve as the �City sh�lter which shall be suitable for the
keeping and safe holding therein c�f alI animals which are by law subject to impound. The
�ociety wi11 provide adequate shelter care and emergency vet�rinary services at the City
Shelter on behalf of the residents of th� City of Redding. The Society shall maintain a
sanitary; secure, and hurnane shelter for all animals duly accepted inta th� shelter. Sh�lter
visiting hours shall include, at a rzz�inimum, a period of six hcrurs each day, five days per
week, one of which musC be a Saturday, but need not include holidays observed by the
City. During tiimes of emergency wh�n a declaratic�n of emergency has been issued, the
visiting hours an�l terrns may be amended. The Society and th� City shall mutually agree
Contract Between the City afRedding Contract#161$;
And Haven Humane Society, Inc. 3
on appropriate beginning and ending times as well as any adaptations for times when the
City ar County has declared an emergency.
6. Trap Neuter Release(TNl2), The Saciety shall designat�e a single agent to b�the lead for
the TNR program. This agent shall be able fo answer questions and direct the public on
how tc�participate in the TNR pragram,The agent shall educate feral cat caretakers�n best
outdoor feeding practices,�ow to trap, what traps to use,the spay/neuter process, and how
best to return feral cats to their habitat. The agent shall ensure the spay/neuter surgery
schedule operates in conjunctian with priv�te patients such that the nurnber of feral cats
altered adheres ta expectations.It is expected that the Society shall alter an average of eight
feral cats per week. The 5ociety shall consult with the City regularly regarding the Trap
Neut�r Release Program, and provide semi-annual reporting of haw many cats have been
altered through the pragram and cc�sts assaciated with the program. It is expected for the
Saciety to communicate marketing strategies, rnaterials, and social media campaigns with
the City to ensure the messages are spread as vastly as possibl�.
7. Publie Vancher Pro�ram. The Society shall be responsible far the distribution of
vauchers to responsible pet owners who reside within the City of Redding to defray costs
associated with a�tering pets.
�. Pavm�nt for Ern�r�ency Veterinary Gare. The City agrees to directly r�imburse the
S�ciety fc�r costs asso�iated ivith emergency veterinary car� that are attributable to City
animals ofunlcnawn awnership as pr�scribed by California law. The Society�hall�rovide
apprapriate dc�cumentation and invc�ice the City for su�h expenses,which s�a1l apply solely
for irnmediate treatment necessary for sustaining the animal's life and/or comfort:
9. Da�Licensin�. The Society shall sell dog licenses for an amaunt'approved by Resolution
of the City Council and�ublished on the City of Redding Sch�dule of Fees. Every effort
shall be made to encaurage owners c�f dogs to lic�ns�and vaccinate dogs per Tit�e 7 of the
Redding Municipal Code.The Society shall send a reminder notice to knc�wn licen�ed dog
oumers one month prior to the expiration trf the dog license.`Upon ex�iration of the license,
a Notiee c�f Delinquent License sha�l be mailed to the last knawn address including a late
fee in addition ta the approved license fee along with notification c�f intention to cite far
expired license. A Secand Notice of I)elinquent License sha11 be sent no rnore than two
months after the license has expired, again notifying the licens� holder c�f the late £'ee in
additian to the license fee,and shall also alert license halderthat a�Animal Cantrol(Jfficer
will perform a door-to-door check with intenticrn to cite far expired lic�nse. When an
Animal Control Officer makes contact at the licen�e halder's address, a citation shall be
served tc�the holder of the expired license unless proc�f can be provided they are no lor�ger
in possession of the animal.
10. Animal Boardin�Surchar�e Extraordinarv�Circumstances. This section shall apply to
special and/c�r unforeseen expenses incurred by the Soc�ety in the perfarmance of l�ong-
term baarding services such as multiple animal impoundrrient pursuant to this contract,
which are in the process crf litigatian or are in other tu�usual circumstances outside the
scope of what th� Society shall deem to be its regular obligatians autlined above. These
expenses include,but are not limited to,charges for long-term and specific quarantir�e,bite
�ontract Between the City of Reddinb Contract#lbl$
And Haven Humane Society, Inc. 4
cases, and animals involved in an investigatian of charges af cruelty tc� animals. The
Saciety sha11 prc�vide such animal boarding services ta the City Mayor,c�r designee, basec�
an the following conditions.
a. Seven dollars {$7.00}per animal per day c�r any part thereof.
b; Notwithstanding Subdrvision a, no charge shall be made tcr the City for the
first three {3) days of such impaundment, but the Sr�ciety is not precluded
frarn recc�vering said charges from c�therwise responsible persons.
e: Where the Society has aecepted animals for boarding for which it feels it is
er�titled to fee� allawed hereunder an:d has not obtained City authorization
for whatever reasan, it shall give twa(2)days written notice to the City that
it intends to terminate the boarding af these animals. Absent notification,
within twa (2) days fram the receipt of the notice by the City, thz Society
may proceed t� disp�se c�f the animals withc�ut any further respansibility
and/or abligatian to the City and/ar any City r�sident.
d: Where the�ociety;through its authorized personnel,reasanably determines
that an animal board�d under the authority of this section is in need of
immediate v�terinary care, the cost of such car� shall be billed to the City.
Any charges accrued under this section shall b� docurnented, subrnitted to
the �ity, and added to the next regular monthly payment.
11. Patrol Services. The Society r�cagnizes the importance o'f bath responding to calls �crr
service and proactive approaches to animal regulation problems. The Saciety agrees to
provide st�ff and equipment as needed to address specific animal regulation prab�ems
within the City. This shall include d�rected patrol at lacatians identi�'ied by either the City
or the Sc�ciety as presenting issues relevant to animal regulation and public safety.
Moreaver, Society agrees that a certain amount of time each w�ek shall be spent in
patralling the City. Th� S�ciety and the City sha11 agree upon a reasonable aznc�unt of tin7e
and rnanner af patrol�ing. The Society re�ognizes the value and impc�rtance of
neighborhoad officer recc�gnitian and public confidence: The Saciety will endeavor to
foster positive public relat�ons and officer familiarity thrc�ughout the City.
�2, II7`ist�atch. Requests for animal regulation service may be received directly at the Society
dispatch center Monday t�irough Friday between the haurs of 8:(}0 a.rn. ancl 5:00 p.m.
Requests for aften c��urs and weekend services rnay be received thraugh a locai answering
service or a separate business enterprise selecfied by the Society t� act in such capacity.
13.Resnon�e Tir�ne, Both the City and the Society rec�rgnize the importance of a prompt
response time structure within limited resources. The Society shall respond tcr each request
for service in a pr�mpt and courte�us fashion. The Saciety shail determine first if the
requ�st for service is within the scope of this Contract. Tf it is,the Society shall classify the
r�quest for service as emergency, priority, or routine: The request for service shall be
deemed a�x emergency request if human ar animal safety is imm�diately threatened or
already accurred. A priority request is characterized by the potential for human or animal
Contract Between the City c�f Redding Contraet#16I 8
And Haven Humane Saciery,inc. 5
safety. All other requests for service which are not classified as an emergency or priority
shall be deemed ta be a routine request.
a. The Society shall make �very effort to res�ond on-site to emergency calls
within thirty-five (35} ;minutes of receipt of such calls during regular
busine�s hours. After haurs and 'weekends emergency calls shall be
responded ta as quickly as possible,but not later than forty{45}minutes in
elapsed time.
b. The Society shall xespond tc� priority calls within one h�ur {6t?minutes) of
receipt of such calls during regular business hours, After hours and
weekends emergency calls shall be responded to as quickly as possible;but
not later than three hours in elapsed time.
c. The Society shall use its best efforts to respond to rautine, non-emergency
iequests within four (4) hours during normal business haurs or by
scheduling an appointment with the requesting party. The Society is not
required to respond tc� routine,non-emergency requests for service outside
narmal business haurs, but must log the request and respond the next day
during normal business hours. Routine, non-emergency requests include,
but are not limited to,barking dogs,stray animals,nuisance camplaints,and
other vio�ations of Title 7 of the Redding Municipal Code�which do not pose
an irnmediate threat to human t�r animal safety.
d: The Society and the City recognize that in the event of a natural disaster,
acts of God, declaration�c�f emergency, or any ather significant emergeney
situatian, these times may be expanded as the Society functions as the
ernergency operations organization f�r animal control services.
14. Piek-u�Service, The Society agrees to pick up and impound stray animals,to pick up and
imperund any other ani�nal within th� City that may be lawfully impaunded upon the
request of any resident acting in good faith, and tc� enforce all Code provisions and state
laws pertaining ta impounding of animals by court proce�dings if necessary. The Saciety
shall retain each impounded stray animal for not less than the minimum period prescribed
by lavv. Society shall use its best efforts to contact t�ie owner of the animal before any
disposition flf the animal.The disposition ofill and injured animals of ui�k.nawn ownership
may be made pursuant to the provisions of Section 597 (�} andlar 59`7.1 of the Califarnia
Penal Code.
15. Fick-u� Servi�e Hours.In additian to pick-up services incidental trr rc�utine patrol service,
the Society agrees tc�provide the following service in response to telephone or t�ther verbal
requests:
a. Emergency pick up service 24 hc�urs per day, se�en days per week, far sicle
or injured animals r�r animais involved in bifing cases, that the Saciety
belieues to be strays;
b. To pick up any stray animal at any time pursuant to a request from a Police
Officer or City Official;
Contract Between the City vf Redding Contract#l f l 8
And Haven Humane Saciety,Inc, 6
c. Pick up stray animals of unknawn ownership {that are sick c�r injured)
during the time �f regular scheduled �atrcrl or after hours by fhe on-call
officer upon request of residents acting in gaad faith w`rthin the corporate
city Iimits served by th�s Contract; and
d. I'ick up sick or injured animals during times of regular seheduled patral or
after ht�ur�b�the on-call afficer upon tihe rec�uest af animal owners without
transportatian c�r any means of abtaining veterinary medical care.
16. An�mal Re�ulatian Officers andl Citations. The Society shall app4int and pay for the
services of animal regulatian officers who may issue Administrative Citations or nc�tices
to appear in court a� prescribed by state law for any violations of state or lacal animal
regulation laws occurring within the City, including but not limited to violations of Title 7
of the Municipai Code. The Cxty agrees t4 furnish th� Society with a sufficient quantity of
citation f�rrns to perf�rrrn this service.
11. Animal Sites �nd Dan�erous Da�Determinations.
a. With respect to known animal bites, the Society agrees ta investigate and, where
apprapriate, quarantine animals at the owner's residenc�, or pick up and hc�ld in
quarantine animals involved in biting incidents. Officers shall ex�rcise discretion
as to whether the animal(s) will be properly quarantined at the awner's residence
ar taken into custc�dy and quarantined in the interest of public safety: The Society
shall prepare and submit paperwork as necessary st� as to comply with City and
C�unty guidelines as it pertains ta animal bites.
b. The Society shall be responsible far making dangerc�us dag recomrnendations based
upon the dispc�sitic�n of dogs and ourners �ither in the fielcl c�r in the shelter prior to
releasing the dog to its owner.
c, The City shall be responsible far scheduling and c�nducting I7angerous Uag
Hearin�s in a timely manner pursuant to an administrative hearing process as
prescribed by Section 7.13.080 of the Redding Municipal Cade. The Sc�ciety shall
provide assistance to the City in regard ta facts, findings, and recommendations to
be considered in said hearings. All required communicatic�ns and administrative
procedures necessary tc� the due process of dangerc�us dag hearings shall be
undertaken by and b�the sole responsibility af the City. The Society shall provide
field follaw-up and monitoring services related ta compliance with any mandates
re�ulting from dangerous dog hearin;s.
18,Inv�sti�ations. The Society agrees to investigate all complaints of animal cruelty c�r
neglect brc�ught to the attentian af the Society by any City r�sident, as well as complaints
far barking and or excessive nuisance naise relating to dogs and ather atiimals.The Society
also agrees to investigate complaints af excessive keeping t�f pets and ather pet situations
that canstitute a vialatian of the Redding Municipal Code,
a. Upan re�uest,,the City shall provide the Saciety with reasonable law enforcement,
code enforcement; and technical assistance as may be required tc� carry out its
animal xeguiation enforeement respansibilities,
Contract Between the City 4f Redding Contract#1618
And Haven Humane Society„Inc: 7
b» In order to pravide animal regulatian and sh�lter services in the most efficient and
cost effective manner possible, the City and the Society agree that it is desirable to
consistently share pertin�nt informatic�n including property-related inft�rmatic�n
maintained by the City and violation information maintained by the Sc�ciety. To
that end, the City sk�all to the fullest extent allawable by law provide the �aciety
with the informatian in its{sIS mapping files; The Society shall to the fullest extent
allowable by Iaw provide the City v�ith violation inforznation in its files upan
request. The City and th�Society sha11 work togeth�r to develc�p an efficient methc�d
ta share this information�lectronically.
19. Deceased Animals; The �ociety agrees to dispc�se of carcasses of all anirnals which come
into its possessic�n in the performance of the powers conferred and the duties imposed by
the Code. The Society alsc� agrees to pick up and dispose of any dead animal of Linknown
flwnership found on public streets and raadways within the corporate city lirnits. I�nown
owners shall be respc�nsible for disposition of dead animal(s} from private property within
the �ity. The Saciety may, at its discretion, ma1�e a reas�nable charge ta the owner of a
dead animal for picking up and disposing of said animal from private properly:The�ociety
wil� pick up arid prc�p�rly dispose of a11 dead wild animals from public streets and public
or private property within the corporate city limits.
20. I�ealth Deqartment Quarantine. The Sc�ciety agrees to pick up, accept, care for; and
maintain in eustady any animal frc�m within corporate city limits to be held for observation
by the City or County Health Department and to rnaintain such anirr�al{s) in an individual
k�nnel away frc�m public cantact t�r contact with other animals during the time sa held or
as the City dr County Health Officer may direct,
21. �o�lection af F�es.
a. Before delivering an impounded animal inta the hands of its alleged owner,
the Sc�ciety wi11;
1: �atisfy itself as t�the�wner's idenfity and right�f claim; an�
2. Collect and prc�vide a receipt for the redernption and maintenance
fees as prescribed by City {7rdinance and/or 5tate Law.
b. Any anirnal impounded pursuant to this �ontract and found without a
current l�cense (and therefc�re presumed to be withaut an effective anti-
rabies vaccination) shall not be released ta any persan, including the owner
thereof,residing in the City e�ccept pursuant to City Policy, City Oxdinance,
andlor State Law,
c. Not later tl�an the l Sth tivorking day of eaeh month, the Society will deliver
to the City Treasurer all City license, redernption, and mainter�ance fees
actually cc�llected during the prior m�nth. Such fees include the following
costs collected fram owners upon the redemption of impaunded animals:
$10.00 per impounded animal, ��.5(} per day of'boarding costs assc�ciated
with impaunded animals.A1so remanded to the City will be license fees(fihe
Scrciety shall reta�n $2 per lice�se fee): The Society shall account for same
�antract Between the City af Redding Contract#1618
And Haven Humane Society, Inc. 8
ta the City monthly in a report in a form provided by the City Treasurer.
Nt�twithst�.nding Section 21(a}{2} abt�ve, if in the best judgment of the
Society the collection of fees wauld create a danger to S�ciety staff t�r give
rise ta an ofFice incident by hostile or unreasonable individuals, said fees
will be deterrnined ta be non-collectable, The Society will provide
inforrnatian rega�ding non-collectable fees ta the City f+�r disposition
according to City policy.
22. Vaccination �linics. The �trciety holds at Ieast two low=cost vaccination clinic events
during the caurse of the year. The Society agrees to provide staffing,including at least ane
Anirnal Regulation Officer to assist during the clinic,
23. �pa�in� or Neut�rin�. In the event that the City enacts an amendment to its Cade
imposing requirements tc� guarantee spaying or neutering of impounded animals, the
�ociety agrees that it wil� not release such an animal to a City resident unless there has
been compliance with the applicable Code prc�visio�.
24. Insurance.
a. Unless modified in writing by City's Risk Manager, Society shall maintain
the fallowing noted insurance during tl�e duration afthe Contract:
�avera�e Requir�d Not Required
Commercial General Liability x
Coinprehensive Vehic�e Liability x
W�rkers' Campensatic�n and Employers' Liability x
Professianal Liability Errors and Omissions x
b. Cov�rage sh�ll be at least as broad as;
1: Insurance Servic�s Office form number �G-0001, Commercial
General Liability Insurance �n an amount not le�s than $],000,04U
per accurrence and $2,000,044 general aggregate for bodily injury,
personal injury,and praperty damage;
Z. Insurance Services Office form number CA-0Q01 {Ed, 118'7},
Comprehensive Autamabile Liability Insurance which provides far
total limits of not less than $1,000,000 combined single limits per
accident applicable to all t�wned, nan-owned, and hired v�hicles;
3. Statutory Wr�rkers' Compensation required by the Labor Code of
the State of +�alifc,rnia and Employers' Liabili�y Insurance in an
amount not less than$1;d00,400 per accurrence.Both the Warkers'
Cantract Between the Crry of Redding Contract#1618
And Haven Humane Saciety,Inc: 9'
Cornpensation and Emplc�yers' Liability policies sha11 contain the
insurer's waiver c�f subrr�gation in favor of City, its elected afficials,
officers, employees, agents, and volunteers;
�: Professional Liability{Errc�rs and Omissions Insurance} appropriate
ta Society's profession against loss dt�e tt� error or omissit�n or
malpractice in an amaunt not less than $1,(}00,000. Architects' and
Engineers' caverage is to be endorsed to include cantractual
liability;
c: Any deductibles or self-insur�d retentians must�e declared tc�and approved
by City.At the option of the City, either the insurer shall reduce or eliminate
such deductibles ar self-insured retentions as respects the City, its elected
officials, afficers, employees, agents, and volunteers, or the Saciety sha11
procure a bond guaranteeing payment of losses and related investigations
claims administration and de�`ense expenses.
d. The General Liability and t�utomabile Liability pc�licies are to contain or be
endorsed tcr cc�ntain the following pravisions;
l: City; its �lected officials; afficers, employees, agents, and
volunteers are to be cc�ver�d as additic�nal insured as respects
liability arising out of w�rk or operations performed by ar an behalf
of Society, premises owned, leased or used by Saciety, or
automobil�s owned, leased, hired, t�r borrowed by Society. The
coverage shali contain ncr special limitations an the scope c�f
protection affc�rded to City its elected officials, c�fficers;employees,
agents, and volunteers.
2. The insurance co�erage of Society shall be primary insurance as
respects City, its elected officials, afficers, employees, agents; and
volunteers. Any insurance c�r self insuran�e maintained by �ity, its
elected�afficials,officers, employees,agents,and volunteers shall be
in excess of Society's in�urance and shall not contribut�with it.
3. Coverage shall state that the insurance af Society shall applY
separately to each insured against whom �laim is mad� ar suit is
brought except with respect to the limits of the insurer's liabilaty.
4: Each insurance policy required by this Contract sha11 be endorsed to
state that coverage shall not be canceled except after thirty �30)
days' prior written notice has been given to City. In additian,
Society agrees that it shall not reduce its coverage or limits on any
such palicy except after thirty (30) days' prior written notice has
been given to City:
e: Insurance is to be placed with insurers �vith a �urrent AM Best's rating flf
no �ess than A-VII.
Contract Between the City of Redding �antract#lb i 8
And Haven Humane Society, Inc: 1�
f. Society shall designate the City of Redding as a Certificate Holder of the
insurance. Sc�ciety shall furnish City with certificates of insurance and
original endorsements effecting the coverages required by this clause:
Certificates and endorsements shall be furnished tc� Risk Management
Division, City of Redding, 777 Cypress Avenue, Redding CA �6001. The
certificates and endorsements for each insurance pc�licy are tc�be signed by
a person authorized by the insurer to bind caverage on its behalf A11
endorsements are to be received and approved by the City's Risk Manager
pric�r ta the commencement of cantracted service�. �ity may witihhold
payments to Society if adequate certificates t�f insuranc�and endorsements
required have not been pravided or nat been pravided in a timely manner.
g. The requirements as to the types and limits 4f insuranee cc�verage to be
maintained by Society as r�quired by this Contract and any approval r�f said
insurance by City are not intended to and will not in any manner limit or
qualify the lzabiIities and obligations otherwise assumed by Society
pursuant to this Cantract, including without limitatian pravisions
concerning indemnification.
h. If any policy of insurance required by this Section is a"claims made"palicy
pursuant to Code of Civil Procedure 5ection 342 and Cravernment Cade
Section 945,6, Society shall keep said insurance in effe�t fc�r a �ez�iod of
eighteen(18}mc�nths after the termination of this Cantract.
i: Ifany damage, including death,pe�sonal injury,or property damage,occurs
in connection with the performanee af this Contract, Society shall
immediately notify City's Risk Manager by telephone at 530-225-4387.No
later than three (3) calendar days after the event, Society shall submit a
writt�n report ta City's Risk Manag�r containing the following information
as applicahle: (1) name and address of injured or deceas�d persc�n(s}, (2}
narne and address ofwitnesses; (3}name and address c�f 5aciety's insurance
company;and(4)a detailed desc�ription ofthe damage ar�d whether any City
property was in�olved.
2S, Ind�mnifica�tion and Hoid Harmless.
a. Society shall defend, indemnify, and hold harmless City; 'its el�cted
4fficials, afficers, employees, ag�nts; and valunteers, and each and every
one of them, fram and against all actions, damag�s, costs� liability, claim�,
losses, penalties, and expenses (including but not limited to reasonable
attomey's fees af the City Attarney ar legal counsel retained by City,expert
fees, litigation costs, and investigation costs) of every type and description
to which any or all ofthern may be subjected by reason of}or resulting frc�rn,
directly or indirectly,the negligent performance of this Contract by Society;
whether oz not caused in part by passive negligence of the Party indemnified
hereunder. Society will c�nduct all defense at its sole cost and expense and
City sha11 have the right to approve o� dssapprove �ociety's legal counsel.
Contract Between the City af Reddirtg Contract#1618
And Haven Humane Society, Inc. l t
City shall be reimbursed for all costs and attarney's fees incurred by City in
enforeing this obligatic�n.
b. Society shall als� defend, indemnify, and hold harmless City for any
adverse determination made by the Internal Revenue S�rvice or the State
Franchis�Ta�Baard and/or any other taxing or regulatc�ry agency and shall
defend, indemnify; and hold harmless City with respect to Society's
"ind�pendent cantractt�r" status that would establish a liability �n City for
failure t�r make social security deductians or contributions ar income tax
withholding payments or any ather legally mandated payment.
c. The obligation to defend, indemnify; and hold harmless set farth in this
Section applies to all claims and liability regardless c�f whether any
insurance policies are applicable. The policy limits of said insurance
policies da not act as a limitation upan the amount of indemnificati�n to be
provided by Sc+ciety.
26. Subsequent Events. In the event that compliance with subsequent statutes, ordinanees,
and/or rules and regulations,�rr response to emergencies ancl acts of God,r�sults in changes
in operating costs or in the event that increased services are required due to populatic�n
grawth or significant growth in the number of stray animals, the parti�s hereto agree to
make a gc�c�d faith effort to renegotiate this c�ntract sc� that the compensation herein shall
reflect such change,
27. Animal Re�ulat�on Governance. The Society agrees to cooperate fully �uith the City
inciuding the attendance at all scheduled meetings ta provide data and ensure open
communication, To evaluate tke animal regulation program and determine necessary
modificatians or addition�l services provided by this cantract, the City and the Society
shall conduct an annual evaluation c�f the contract on or before lanuary 31 st of each year.
28. l�Totic�s. In addition tc� alI other notices prc�vided for herein, City agrees that it shall give
Saciety written notice c�f any c�rdinances, resolutions, or any regulation changes
contemplated by it relating to any matters affecting Society's performance and/or functians
under tihe terms and canditions of this Contract:
Written notices to the City shall be given by registered or certified mail, postage prepaid,
and addressed ta:
City Manager
City of Redding
77'7 Cypress Avenue
Redding, CA 9b049-b071
Written notices to the Society shall be given by registered or certified mail, pastage
prepaid,;and addressed tc�:
Chief Executive Offzcer
Haven Humane Socieiy
P.t�. Box 992202
Contract Between the City of Redding Contract#1618
And Haven Humane Soccety, Inc: 12
Redding, CA 96099-2202
29, Ret�orts:
a. The Society shall report monthly to the City a detailed report af the services
provided. This shall include the number of strayJd�ceased animals picked
up, the number of ca11s responded to, the locations, the time/nurnber of
animals held by the Saciety, and identification of any problem areas �r
issues identified by the'�aciety in providing the �ervice required pursuant
to this Contract.
b. The �ociety shall prc�vide to the City Manager copies of its annual audited
financi�l reports covering the period af this Cantract. if the Saciety fails to
submit an annual audited financial report,then the preparer af the unaudited
report shall satisfy the City's Finance Officer as to the reasonaY�leness,
accuracy, and completeness of said unaudited re�ort.
c. The Society will keep atimely;complete,and accurate set of books sh�,wing
the revenues, expenses, and 'related financial transactions pertinent to
contractecl animal regulation and sh�lter services. �uch records and
acco�nts will be made available at the Saciety''s place of busine�s for
examinatic�n at all reasonable times by autharized representatives of the
City. Nothing in this Contract is intended, c�r shall be construed,to prevent
the Society from sc�liciting or accepting donatir�ns frorn any person �r
ar�anization taward defraying the costs of the Society's charitable
activities.
30. Maint�nance and Inspection of Recar�ls.
a. The City shall have access to and the right to audit; ea;cept, reproduce, and
transcribe an� of the Society°s recards to the extent the City d�ems
necessary to insur� it has received or is recei�ing all money to which it is
entitted under the contract or for €�ther purpases directly relating to the
Cantract. The City agrees ta maintain ��nfidentiality and shall not make
such audit or records public without�vritten agreement by the Saciety.
b. The Society shall maintain and preserve all such recc�rds for a period af at
least three years after termination�f the contract or until an audit has been
cc�rnpleted and accepted by the highest governmental autharity in��lvecl and
all questions and disputes arising from the auciit have been resolved.
c. Upon written notice by City, the Society shall promptly make all s�uch
records availabie ta auditors or other representatives of the City. The
Sc�ciety shall also co�perate with such auditors and representatives in
auditing, excerpting, reproducing, anci transcribing the reeards.
31. +C�mt�laints:
Confiract Between the City of Reddin; ContracG#1618
And Haven Hum�ne Society,Inc. I3
a. The Society and tlne City agree that all camplaints about service pr�vided
by the Society pursuant to this contract sha11 b� directed immediately to
Society's Chief Executive C7fficer. It shall be the respansibility of the
Saciety tc� conduct such investigations as may be necessary and ta take
apprc�priat� action to resalve complaints and provide follow up to the City.
b: The Society agrees that as part of the mflnthly repart tc�the City,the number
af written complaints received frc�m City resi�ents,the types c�f complaints;
and the resc�lution af those complaints shall be included. All citizen
complaints must be received in writing. The Saciety and the City recognize
the requirements t�f State law regarding cc�nfidentiality of personnel r�cords
and agree that th�se reports shall not violate such laws.
32, Cancellations;Not�ithstanding Section 36,this Contract may be canc�lled without cause,
by either party by giving nt�t less than 180 days written natice to the other party. The nQtice
shall state the cancellatic�n date.Notice ta th�City shall be addressed to the City Manager;
Return Receipt Requested.Notic�to the Sc�ciety sh�ll be addressed to the Chief Executive
Officer, Return Reeeipt Requested, with a copy tc�the President of the Board of Directors.
If this Contract is cancelled pursuant ta this Section, the consideration prc�vided fi�r in
Section 21of this Cantract shall be app�rtioned in the ratio that the time to the stated
cancellation date bears to the full servic�year of thi� Contract.
33. Nan-Assi�nment�lause. The Society cannot assign c�r delegat�or otherwise transfer this
Contract or the rights or du�ies contained herein to any individual, person, or Iegal entity
otherwrse withaut the written consent of the City.
34. Amendment. This Contract may be madified and amended at any time during its term t�r
any extension thereof by written mutual agreement of the parties. The City and the Society
understand and agree that thi� Ca�ntr�ct may not be altered, amentied, modified, or
otherwi�e changed in any respect�r any particular way whatsc�ever,except in writing,duly
executec�by the authorized representatives af the City and the Society.
35. Society Inde�endent Contractor. Nathing in this Contract shall be deemed�r construed
ta create or constitute a partnership c�r joint venture or an�gency relationship between the
parti�s hereto.Further, �ociety is,with respect to City,its officers, agents, and ernploy�es,
an independent cc�ntractor and not an officer, agent, or employee c�f the City or any of its
officers, agents, c�r employees.
36. Terminations. In the event the Society or City violates the provisions of this Contract for
any reason other than the occurrence of circumstances over which it can exercise no
effective c�ntrol, and such violation sha11 not be cured c�r remedied within sixty (b0} days
after notice therec�f by the Saciety or the City, in addition to any other r�medies provided
for in the Cc►ntract, the Society or the City shall have the right tc� terminate tihis Contract
for cause by written nc�tice duly served upon the Society c�r the �ity. AlI provisions af this
contract shall be considered material.
37. Advice af Counsel. The City and the Society each warrants, represents; and agr�es that in
executing this Cc�ntract, the same is done with fi.ill knowledge c�f any and all rights whi�h
Contract Between the City of Redding Gontract#1618
And Haven Humane Society,Inc. 14
such party has or may have, with respect to the terms of this Cantract, and that such party
has received independent legal advice from disinterest�d attorneys at law with respect ta
the matt�rs set farth herein,and with respect to al1 the rights and claims arising out of ar in
connection with this Cantract.
3$. +Governin� Larv. This Cantract shall be interpreted, construed; gaverned, and enforced
under, atid pursuant to the laws of the State of Calif�rnia.
39.�'ravisians Severable. The provisions of this Contract ar� �c�ntractual� not mere recitals,
and shall be considered severable such that if any provision or part thereof shall at any time
be held under any law t�r ruling to�e invalid,such provision ar part thereof shall rernain in
force tc� the extent allc�wed by iaw, and all4ther pravisions shall remain in full �'arce and
e�fect and enforceable,
40, Fees antl Costs. If either the City t�r the Sc�ciety comr�ences any action or other proceeding
to enfr�rce ar interpret this Contract, including any actic�n to reform, rescind, or in any
manner affect the provisions of this Contract, or in the event a dispute arises c�ut of the
duties and obligations s�t farth herein, the prevailing party sh�ll be entitled to all costs
incurrecl in connection therewith including, but not limited to, reasonable attarney's fees.
41. Time of the Essenc�. Time is of the essence in the performance of each �nd every term
and condition af this Contract.
4�. �aptions, The captions and headings of this �ontract are for convenience only and shall
not in any wa�limit or be deemed tc� construe or interpret the terms and prc�visions hereof
43. Authori , The undersigned hereby represent and warrant tc�each other that they have the
legal capacity and a�thority ta enter into this Cc�ntract, and that the undersigned have the
sole right and exclusive authority to exec�te this Contract.
44.Entire Con#ract. This Cantract cc�ntains the �ntire contract between the City and the
Sc�eiety and supersedes any ar�d all prior c�ral and/ar written Contracts and/or drafts �f
Cc�ntracts. It is expressly agreed between the City and the Society that no infer�nce of any
kind may be made or drawn, nar evidence introduced, in any subsequent prc�ceeding ta
�nforce any provision hereaf from any prit�r oral or written contracts t�r drafts of contracts.
45. 13indin� A�reement. This Contract ancl all c�f its terms and conditic�ns shall inure tc� the
benefit of, and be binding upc�n, all of the parties hereto their successc�rs and/ar assignees,
46. CE�}A. The City has determined that this matter is not subject to the provisic�ns of the
Califarnia Environmental Quality Act.
47. Date of Cc�ntiract. The date c�fthis contract is the date that the City signs.
ContractBetween the�ity ofRedding Contract#1618
And Haven Humane Society,Inc. 15
IN WITNE�S WHEREOF, the parties hereto have executed this C�ntract on the day and year
indicated:
Dated:
CONSULTANT C�TY OF REDDING
HAVEN HUMANE SOCIETY A Municipal Corp�ratian
]By $y
MARI� STC7RItEY, Chxef Executive Offic�r .IACK MITNNS, Mayar
Taxpayer IT�N�: {on file with Finance)
ATTEST:
APPROVEI) AS T4 �'C?RM:
By•
SHARLENE TIPTOI�t, City Clerlc CHRISTIAN M. CURTIS; City Attorney
Gontract Between the City of Redding Contraat#1618
And Haven Hurnane Society,Inc, 1&
�`' ��'- �`� ���;,
�;n
���"'e. `�,�z /���� CITV O�' �2EC)D9tVG
O'a s��� 777 CYPRESS AVENUE, REDDING, CA 96001
_ � � � I��/.�
_ � ��,/��� R O. B o x 4 9 6 0 7 1, R E�o i N G, C A 9 6 0 4 9-6 0 7 1
PAMELA MIZE,CITY CLERK
SHARLENE TIPTON,ASSISTANT CITY CLERK
530.225.4447
530.225.4463 FAX
January 25, 2021
Haven Humane Society
Attn: Mark Storrey
P.O. Box 992202
Redding, CA 9609�
SUBJECT: Service Agr�eYnent, C-1f�I$''
Dear Mr. Storrey,
Enclosed please find the fully executed original `of the �bove referenced Service Agreement by
and between the City of Redding and Ha�en Humane Sc�ciety Enterprise regarding animal
control regulation services in the City of Redding,
This agreement was approved by the Reddin�City Council at its regular meeting on January 19,
2021.
If you have any questions regarding this agreement, or if we can be of assistance, please contact
the Office of the City Clerk at (530) 225-4044.
Sincerely,
, `�L
�� � �
Joan Twomey
Executive Assistant
Enclosure
cc: Galbraith
Grannis
I
CONTRACT BETWEEN THE CITY OF REDDING
AND HAVEN HUMANE SOCIETY, INC.
THIS CONTRACT is entered into by the CITY OF REDDING, a municipal corporation, herein
referred to as "the City" and HAVEN HUMANE SOCIETY, a charitable nonprofit corporation
duly organized and existing under and by virtue of the laws of the State of California, herein
referred to as "the Society."
� WITNESSETH:
WHEREAS, the City Council of the City of Redding is empowered by the State of California to
appropriate and expend money from City funds for Animal Regulation and Shelter Services in the
Redding area, and
WHEREAS, the City desires to pro�ide Animal Regulation and Shelter Services within the
incorporated areas t�f Redding for the purpose of enforcing the provisions of Title 7 of the Redding
Municipal Code and applicable sections t�f State Code, and
WHEREAS, the City has for many years contracted with the Society to serve as the City's
; appointed agency Ya �rovide animal regulation services, and the City does not have sufficient
personnel to perfonn the functions her�in, and
WHEREAS, the City desires to 'use the admianistrative services, physical plant, equipment,
facilities, and supplies of the Soci�ty in the enforcement of animal regulations within the corporate
city limits, and the City further des%res that the �t�ciety ex�rcise the powers and duties for animal
� regulation services as set forth in Title 7 c�f Redding 11�unici�al Code ("Code") as amended from
time to time, and �
WHEREAS, the Society has perforined and shall continue tc� perform its regular functions of
prevention of cruelty to animals (as contemplated by Corpc�ratrons �t�de Section 14501, et seq.),
protection of animals from suffering and fear, and �arc�rnc�ting anirnal welfare by the following
means, among others:
a. By education of the public on matters concerning the needs and care of animals;
� b. By the investigation of alleged cases €�f abuse or neglect of animals and their
prosecution when necessary;
c. By rehabilitation of hoineless or unwanted animals through supervised and
screened adoption placements;
d. By researching and recommending ordinance augmentations and changes; and
e. By the promotion of sterilization spaying and neutering to reduce the
overpopulation of cats and dogs.
These functions are apart from and separate from the functions the Society shall perform under �
this contract except where such functions may overlap or may for convenience be joined, and �
�—
�
I ����'�!�'�� � � �`�`� J
i
I
WHEREAS, the Society represents itself as qualified and able to provide required services and �
desires to continue providing services, supplies, materials, and use of its plant equipment and
facilities in the enforcement and performance of said powers and duties for the remuneration herein
stated.
NOW, THEREFORE, the parties hereto agree as follows:
1. Animal Regulation Services. The City hereby authorizes, directs, and empowers the
Society to perform all the powers and duties confirmed and imposed by local ordinance
and applicable state laws as they inay be amended from time to time during the term of this
Contract. The Society shall act and provide animal regulation services pursuant to the
powers set forth in Title 7 of the Redding Municipal Code. Further, the Society agrees to ;
perform the animal regulation related work and shall educate the public on responsible pet
ownership guidel�n�s;and actively provide educational marketing to address common �
violations and aberrant behavic�rs associated with pets in the community. �
2. Term. The services provided pursuant to this Contract shall begin on January 1, 2021, and '
end June 3(}, 2'025. Both parties agree to meet to review contract costs and scope prior to I
the expiration date of the contract, It is agreed that the Society or City may request changes
at that time tc�both the scope of services andlor costs. Costs of any modifications or added '�
services or rcduction in services shall be negotiated in good faith. The Society agrees to �
provide sheltering s�rvices��to tk��City c�f Redding through the expiration of this contract. �
3. Consideration for Services. I�n consideration of the contracts and understandings to be �
performed by the Society, the City agrees tt�pay the Society in the following manner: ;
a. In year one (January 1, 2(}21 —June 30, 2021), a total sum of$402,816 to
be paid in six (6j n�anthly installrnent�before the 15th of each month for
services rendered the month priar;
b. In year two (July 1, 2021 �:-June 30, 2022); a total sum of$829,801 to be
paid in twelve (12) mt�nthly installmen�s before th� 15th of each month for �
services rendered the rnonth�trior. �
c. The annual payment described herein shall be adjusted each year as
measured on July 1, by the United States Bureau c�f Labor Statistics
Consumer Price Index(CPI)for"Pacific Giti�s,All Urban Consumers West �
B/C"based on the previous year's change.Any adjustments will begin with
the contract year commencing on July 1, 2022, and be applicable annually
on that date in subsequent years through the duration of this contract. The
first CPI will be increased b two ercent 2% to account for the additional
Y p � )
State mandated changes to the minimum wage policy. Subsequent years '
will follow adjustments strictly per the CPI.
d. If for any reason the payinent is to be delayed beyond the 15th of each �
month, the City shall provide the Society prior notice and indicate a firm
date for receipt of payment.
e. Services include the following elements
Contract Between the City of Redding Contract#1618 �
And Haven Humane Society, Inc. 2 Approved: ,2020 �
i
1. Animal regulation and control — enforcement of Title 7 of the
Redding Municipal Code, including the issuing of citations for
� violations.
� 2. Sheltering — use of the Animal Shelter for animals impounded in
the City of Redding,
�
3. Trap-Neuter-Release—fully outlined in item 6 of this contract, and
4. Public vouchers program — for spaying/neutering/vaccination for
! City of Redding residents only— 150 vouchers valued at $50 each
i and 125 vouchers valued at$75 each.
�
. nima e�u ation an ontro .
� a. Normal business hours for anunal regulation services shall include, at a minimum,
'! a periad of ten hours each day, seven days per week. During times of emergency
� when a declaration of emergency has been issued, the hours and tenns may be
amended. The Society and the City shall mutually agree on appropriate beginning
and ending times as well as any adaptations for times when the City or County has
declared an emergency.
i
b. The Society shall iriaintain a pl�c�of business which is within ten (10)miles of the
; City of Redding city�limits and v�luch can be easily accessed by the public. The
�,
Society shall also establish and maintain a telephone number for the public to call
� and request service.
i
� c. The Society shall maintain a set of recc�r�s regarding daily activities (e.g., number
; of calls received, number af animals impounde�,,etc.). The Society and the City
, shall mutually agree on the content c�f these recar�s.
d. The Society shall be responsibl���r,providing�l�persannel and materials required
to perform this Contract including, but nat limited;tt�, patrol personnel, shelter
personnel, dispatch personnel, office personnel, uehicles, equipment, cages,
uniforms, and other operating materials and supplies.The City a�;rees to furnish the
Society with a sufficient quantity of citation forms t��perf�txn this�service.
5. Citv Shelter Function. The Society agrees to furnish and maintain during the term of this
, contract, a building or enclosure to serve as the City Shelter which shall be suitable for the
keeping and safe holding therein of all animals which are by law subject to impound. The
Society will provide adequate shelter care and emergency veterinary services at the City
Shelter on behalf of the residents of the City of Redding. The Society shall maintain a
sanitary, secure, and humane shelter for all animals duly accepted into the shelter. Shelter
� visiting hours shall include, at a minimum, a period of six hours each day, five days per
� week, one of which must be a Saturday, but need not include holidays observed by the
City. During times of emergency when a declaration of emergency has been issued, the
visiting hours and terms may be amended. The Society and the City shall mutually agree
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on appropriate beginning and ending times as well as any adaptations for times when the
City or County has declared an emergency.
6. Trap Neuter Release (TNR). The Society shall designate a single agent to be the lead for �
the TNR program. This agent shall be able to answer questions and direct the public on
how to participate in the TNR prograin. The agent shall educate feral cat caretakers on best
outdoor feeding practices, how to trap, what traps to use,the spay/neuter process, and how '
best to return feral cats to their habitat. The agent shall ensure the spay/neuter surgery �
schedule operates in conjunction with private patients such that the number of feral cats
altered adheres to expectations. It is expected that the Society shall alter an average of eight
feral cats per week. The Society shall consult with the City regularly regarding the Trap
Neuter Release Program, and provide semi-annual reporting of how many cats have been
altered through the program and costs associated with the program. It is expected for the
Society to communicat�marketing strategies, materials, and social media cainpaigns with �
the City to ensure the messag�s are spread as vastly as possible. '
7. Public Voucher Program. The .Society shall be responsible for the distribution of
vouchers to responsible pet own�rs who reside within the City of Redding to defray costs �
associated with altering pets.
8. Payment for lEmergencv Veterinary Care. The City agrees to directly reimburse the :
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Society for costs assc�ciated with etnergency veterinary care that are attributable to City '
animals of unknown c�wnership as prescribed by California law. The Society shall provide �
appropriate documentation and invoice the�ity for such expenses,which shall apply solely �
for immediate treatment necessary for sust��riing the animal's life and/ar comfort. ��
9. Do�Lieensing. The Society shall sell dc��license� for an amount approved by Resolution
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of the City Council and published t�n the City c�f Rc�t�ding Schedule of Fees. Every effort
shall be made to encourage owners of dogs ta license and vaccinate dogs per Title 7 of the
Redding Municipal Code. The Society shall send a remintier notice to known licensed dog ;.
owners one month prior to the expiratic�n c�fthe dog license. Upon expiration of the license,
a Notice of Delinquent License shall be mailed to the last knawn�address including a late ��
fee in addition to the approved lic�nse fee alon� with�notification of intention to cite for
expired license. A Second Notice of Delinquent License shall be sent no more than two ;
months after the license has expired, again notifying the license hc�lde� o�the late fee in I�
addition to the license fee, and shall also alert license holder th�t�n Animal Control Officer �
will perform a door-to-door check with intentic�n to cite for expired license. When an
Animal Control Officer makes contact at the licenst Holder's address, a citation shall be
served to the holder of the expired license unless proof can be provided they are no longer
in possession of the animal.
10. Animal Boarding Surchar�e Extraordinarv Circu�stances. This section shall apply to
special and/or unforeseen expenses incurred by the Society in the performance of long-
term boarding services such as multiple animal impoundment pursuant to this contract,
which are in the process of litigation or are in other unusual circumstances outside the
scope of what the Society shall deein to be its regular obligations outlined above. These �
expenses include,but are not liinited to, charges for long-term and specific quarantine,bite �
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cases, and animals involved in an investigation of charges of cruelty to animals. The
Society shall provide such animal boarding services to the City Mayor, or designee, based
on the following conditions.
a. Seven dollars ($7.00)per animal per day or any part thereof.
b. Notwithstanding Subdivision a, no charge shall be made to the City for the
first three (3) days of such impoundment, but the Society is not precluded
from recovering said charges from otherwise responsible persons.
; c. Where the Society has accepted animals for boarding for which it feels it is
entitled to fees allowed hereunder and has not obtained City authorization
�; far whatever reason, it shall give two (2) days written notice to the City that
j it intends to terminate the boarding of these animals. Absent notification,
� within twc� (2) days from the receipt of the notice by the City, the Society
rn�� proceed tc� dispose of the animals without any further responsibility
and/or obligation tc� the City and/ar any City resident.
d. Where the Society,through its authorized personnel,reasonably determines
that an animal boarded under the authority of this section is in need of
immediate veterinary care, the cost of such care shall be billed to the City.
Any charges accrued under this section shall be documented, submitted to
the Giky, and adde�i tc� the next regular monthly payment.
11. Patrol Services. The Society recognizes the importance of both responding to calls for
service and proactive apprc�aches to anirnal regulation problems. The Society agrees to
provide staff and equipment as needed t� address specific animal regulation problems
within the City. This shall in�lude directed patral at locations identified by either the City
or the Society as presenting issues relevant 'tt� animal regulation and public safety.
Moreover, Society agrees that a certain arnount of time each week shall be spent in
' patrolling the City. The Society and the�ity�shall agre�upon a reasonable amount of time
� and manner of patrolling. The St�ciety recogniz�s the ualue and importance of
neighborhood officer recognition and puUlic confidence. The Society will endeavor to
foster positive public relations and officer familiarity throughc�ut the City.
12. Dispatch. Requests for animal regulation service may be�'eceived directly at the Society
dispatch center Monday through Friday between the hc�urs c�f 8:�0 a.m. and 5:00 p.m.
Requests for after hours and weekend services may be received through a local answering
service or a separate business enterprise selected hy the Society to act in such capacity.
13. Resuonse Time. Both the City and the Society recognize the importance of a prompt
response time structure within limited resources. The Society shall respond to each request
far service in a prompt and courteous fashion. The Society shall determine first if the
request for service is within the scope of this Contract. If it is, the Society shall classify the
request for service as emergency, priority, or routine. The request for service shall be
deemed an emergency request if human or animal safety is immediately threatened or
already occurred. A priority request is characterized by the potential for human or animal
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safety. All other requests for service which are not classified as an einergency or priority
shall be deemed to be a routine request. I
a. The Society shall make every effort to respond on-site to emergency calls �.
within thirty-five (35) minutes of receipt of such calls �uring regular '
business hours. After hours and weekends emergency calls shall be �
responded to as quickly as possible, but not later than forty (45) minutes in
elapsed time.
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b. The Society shall respond to priority calls within one hour (60 minutes) of �
receipt of such calls during regular business hours. After hours and �
weekends emergency calls shall be responded to as quickly as possible, but '
not later than three hours in elapsed time.
c. The Sc�ci�ty shall use its best efforts to respond to routine, non-emergency
r�quests within four (4) hours during normal business hours or by
scheduling an appt�intment with the requesting party. The Society is not
required to respond to routine, non-emergency requests for service outside
normal business hc�urs, but must log the request and respond the next day �
during normal business hours. Routine, non-emergency requests include,
but are not limited to,barking dogs, stray animals,nuisance complaints, and i
c��her vit�lations of T3tl�7 of the Redding Municipal Code which do not pose ;
an im�n�diate threat'to hu�nan or animal safety.
d. The Society and the City rec�gnize that in the event of a natural disaster,
acts of God, declarations of emergency, or any other significant emergency
situation, th�se times rna� be eXpar�ded as the Society functions as the �
emergency operatic�ns c�rganizatibn ft�r�nimal control services.
14. Pick-up Service.The Society agrees to pick up and impc��nd stray aniinals, to pick up and
impound any other animal within the �ity that may b� lawfully impounded upon the �
request of any resident acting in gocad faith�.and to �iifc�rce all Code provisions and state
laws pertaining to impounding of anirnals by cQurt prt�ceedings if necessary. The Society
shall retain each impounded stray animal for nat less than the minimum period prescribed '
by law. Society shall use its best efforts to contact the owner of the an�nal before any �
disposition of the animal. The disposition of ill and injured�nirnals c�funknown ownership �
may be made pursuant to the provisions of Sec�ion 597 (� andlor�597.1 of the California l
Penal Code. �
15. Pick-uq Service Aours. In addition to pick-up services incidental to routine patrol service,
the Society agrees to provide the following service in response to telephone ar other verbal �
requests:
a. Emergency pick up service 24 hours per day, seven days per week, for sick �
or injured animals or animals involved in biting cases, that the Society �
believes to be strays;
b. To pick up any stray animal at any time pursuant to a request from a Police ;
Officer or City Official;
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c. Pick up stray animals of unknown ownership (that are sick or injured)
during the time of regular scheduled patrol or after hours by the on-call
officer upon request of residents acting in good faith within the corporate
city limits served by this Contract; and
d. Pick up sick or injured animals during times of regular scheduled patrol or
after hours by the on-call officer upon the request of animal owners without
; transportation or any means of obtaining veterinary medical care.
16. Animal Re�ulation Officers and Citations. The Society shall appoint and pay for the
services of animal regulation officers who may issue Administrative Citations or notices
� to appear in court as prescribed by state law far any violations of state or local animal
� regulation laws occurring within the City, including but not limited to violations of Title 7
of the Municipal Code. The City agrees to furnish the Society with a sufficient quantity of
citation forms to per�€�rrn this service.
17. Animal Bites and Dangerous I�c�g Determinations.
a. Wit�t respect to known anitnal bites, the Society agrees to investigate and, where
apprapriate, quarantine animals at the owner's residence, or pick up and hold in
quarantine animals involved in biting incidents. Officers shall exercise discretion
� as to whether the animal(s) will be properly quarantined at the owner's residence
� or taken i�tc� c`stc�dy and c�uarantined in the interest of public safety. The Society
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shall prepare and sulami# paperwc�rk as necessary so as to comply with City and
i County guidelines as'it pertains to animal bites.
b. The Society shall be responsible ft�r making dangerous dog recommendations based
upon the disposition�f dogs anc�ciwners either in the field or in the shelter prior to
; releasing the dog to its owne�.
� c. The City shall be responsible fc�r scheduling and conducting Dangerous Dog
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Hearings in a timely manner pursuant to an administrative hearing process as
� prescribed by Section 7.13.Q8� of the Redding���MunicipaT Code. The Society shall
' provide assistance to the City in regard tc� facts, findings, and recommendations to
be considered in said hearings. All required comrnunications and administrative
; procedures necessary to the due process of dangerous dt�� hearings shall be
undertaken by and be the sole responsibility of the C�ty. The Society shall provide
field follow-up and monitoring services related tc� ctimpliance with any mandates
resulting from dangerous dog hearings.
18. Investi�ations. The Society agrees to investigate all complaints of animal cruelty or
neglect brought to the attention of the Society by any City resident, as well as complaints
� for barking and or excessive nuisance noise relating to dogs and other animals. The Society
also agrees to investigate complaints of excessive keeping of pets and other pet situations
that constitute a violation of the Redding Municipal Code.
a. Upon request, the City shall provide the Society with reasonable law enforcement,
code enforcement, and technical assistance as may be required to carry out its
animal regulation enforcement responsibilities.
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b. In order to provide animal regulation and shelter services in the most efficient and �
cost effective manner possible, the City and the Society agree that it is desirable to
consistently share pertinent infonnation including property-related information
maintained by the City and violation information maintained by the Society. To
that end, the City shall to the fullest extent allowable by law provide the Society
with the information in its GIS mapping files. The Society shall to the fullest extent
allowable by law provide the City with violation information in its files upon
request.The City and the Society shall work together to develop an efficient method
to share this infonnation electronically.
19. Deceased Animals. The Society agrees to dispose of carcasses of all animals which come
into its possession in the performance of the powers conferred and the duties imposed by
the Code. The Society also agrees to pick up and dispose of any dead animal of unknown �
ownership found on public streets and roadways within the corporate city limits. Known ;
owners shall be resp�nsible far disposition of dead animal(s) from private property within '
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the City. The Sc�ciety may, at its discretion, make a reasonable charge to the owner of a �
dead animal far picking up and di�posing of said animal from private property. The Society �
will pick up �nd properly dispos� of all dead wild animals from public streets and public �
or private prc�perty within the corporate city limits.
20. Health Department Quarantine. The Society agrees to pick up, accept, care for, and ;
maintain in custody any�nimal from within corporate city limits to be held for observation �
by the City or County�Health Departinent �nd to maintain such animal(s) in an individual
kennel away from public cc�ntact or contact with other animals during the time so held or I
as the City or County Health'Officer may direct. �
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21. Collection of Fees. �
a. Before delivering an impounded animal intc�the hands of its alleged owner, '
the Society will: �
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1. Satisfy itself as tt�the owner's identity and;:right of claim; and
2. Collect and provide a receipt for the redemption and inaintenance
fees as prescribed by City Ordinance and/ar State Law. !
b. Any animal impounded pursuant to this �ontract and found without a '
current license (and therefare presumed tc� b� without an effective anti-
rabies vaccination) shall not be relea�ed tc� any person, including the owner
thereof, residing in the City except pursuant to City Policy, City Ordinance, '
and/or State Law.
c. Not later than the 15th warking day of each month, the Society will deliver
to the City Treasurer all City license, redemption, and maintenance fees
actually collected during the prior month. Such fees include the following
costs collected froin owners upon the redemption of impounded animals:
$10.00 per impounded animal, $3.50 per day of boarding costs associated �
with impounded animals.Also remanded to the City will be license fees(the �
Society shall retain $2 per license fee). The Society shall account for same �
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' to the City monthly in a report in a form provided by the City Treasurer.
Notwithstanding Section 21(a)(2) above, if in the best judginent of the
Society the collection of fees would create a danger to Society staff or give
rise to an office incident by hostile or unreasonable individuals, said fees
' will be detennined to be non-collectable. The Society will provide
� information regarding non-collectable fees to the City for disposition
� according to City policy.
22. Vaccination Clinics. The Society holds at least two low-cost vaccination clinic events
during the course of the year. The Society agrees to provide staffing, including at least one
� Animal Regulation Officer to assist during the clinic.
23. Spavin� or Neutering. In the event that the City enacts an amendment to its Code
imposing requirements tc� �uarantee spaying or neutering of impounded animals, the
Society agrees that it will not release such an aniinal to a City resident unless there has
been compliance with the applic�ble Code provision.
24. Insurance�
a. Unless modified in writing by City's Risk Manager, Society shall maintain
the following noted insurance during the duration of the Contract:
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Coverage Required Not Required
, Commercial General Liability x
Comprehensive Vehicle Liability' x
�� Workers' Compensation and Employers' Liab�lity �x
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� Professional Liability Errors and Omissions x
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b. Coverage shall be at least as broad as:
1. Insurance Services Office form number �C-0001, Commercial
General Liability Insurance in an arnou�nt not less than $1,000,000
per occurrence and $2,0�{1,4fl0 g�neral aggregate for bodily injury,
personal injury, and property c�amage;
2. Insurance Services Office form number CA-0001 (Ed. 1/87),
Comprehensive Automobile Liability Insurance which provides for
total limits of not less than $1,000,000 combined single limits per
' accident applicable to all owned, non-owned, and hired vehicles;
3. Statutory Workers' Compensation required by the Labor Code of
the State of California and Employers' Liability Insurance in an
amount not less than $1,000,000 per occurrence. Both the Workers'
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Compensation and Employers' Liability policies shall contain the ��
insurer's waiver of subrogation in favor of City,its elected officials, ,
officers, einployees, agents, and volunteers;
4. Professional Liability(Errors and Omissions Insurance) appropriate
to Society's profession against loss due to error or omission or
malpractice in an amount not less than $1,000,000. Architects' and �
Engineers' coverage is to be endorsed to include contractual ��
liability.
r lf-in r r tentions lnust be declared to and a roved
c. An deductibles o se su ed e
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by City. At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its elected �
officials� officers, employees, agents, and volunteers, or the Society shall
prc�cur� a bc�nd guaranteeing payment of losses and related investigations
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ci�ims adininist�ation and defense expenses.
d. The General Liabili�y and Automobile Liability policies are to contain or be
endorsed to contain the following provisions:
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1. City, its elected officials, officers, employees, agents, and
vo��nteers are to be covered as additional insured as respects �
�i�bility arising aut of work or operations performed by or on behalf '
of Society; premises owned, leased or used by Society; or �
autornabiles owned, leased, hired, or borrowed by Society. The
cover�ge shall contain no special limitations on the scope of
protectiQn afforded to City its elected officials, officers, employees,
agents, and vc�lunteers.
2. The insurance coverage of Society; shall be primary insurance as i
respects City, its elecfed officials, ��fficers, employees, agents, and �
volunteers. Any insurance or self-insuran�� inaintained by City, its ,
elected officials,officers,emplt�yees,ag�nts,and volunteers shall be �
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in excess of Society's insurance and shall not contribute with it. i
3. Coverage shall state that the insurance o� Sc�ciety shall apply �
separately to each insured against uvhc�m claim is made or suit is I
brought except with respect to the lirnits of the insurer's liability.
4. Each insurance policy required by this Contract shall be endorsed to
state that coverage shall not be canceled except after thirty (30)
days' prior written notice has been given to City. In addition,
Society agrees that it shall not reduce its coverage or limits on any
such policy except after thirty (30) days' prior written notice has �'
been given to City.
e. Insurance is to be placed with insurers with a current AM Best's rating of
no less than A-VII.
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f. Society shall designate the City of Redding as a Certificate Holder of the
; insurance. Society shall furnish City with certificates of insurance and
original endorsements effecting the coverages required by this clause.
Certificates and endorsements shall be furnished to Risk Management
Division, City of Redding, 777 Cypress Avenue, Redding CA 96001. The
certificates and endorsements for each insurance policy are to be signed by
' a person authorized by the insurer to bind coverage on its behalf. All
endorsements are to be received and approved by the City's Risk Manager
' prior to the commencement of contracted services. City may withhold
I payments to Society if adequate certificates of insurance and endorsements
required have not been provided or not been provided in a timely inanner.
g. The requirements as to the types and liinits of insurance coverage to be
! maintained by Society as required by this Contract and any approval of said
� ii�surance by City are not intended to and will not in any inanner liinit or
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� gualify the liabilities and obligations otherwise assumed by Society
{ pursuant to this Contract, including without limitation provisions
� � concerning indernnification.
h. If any policy of insurance required by this Section is a"claims made"policy
pursuant to Code of Civil Procedure Section 342 and Government Code
, Sect�t��� 945`.6, Saciety shall keep said insurance in effect for a period of
' eighteen (18)mc�nths after'.the termination of this Contract.
' i. If any dainage,including d�ath,personal injury,or property damage,occurs
; in connectic�r� with the ��,�erformance of this Contract, Society shall
� immediately nc�tify �ity's Risk Ntanagex,by telephone at 530-225-4387. No
, later than three (3} calendar days after the event, Society shall submit a
� written report to City's Risk Manager containing the following infonnation
as applicable: (1) name and��address of injured or deceased person(s); (2)
; name and address of witnesses; (3)name and address of Society's insurance
' company; and(4)a detailed d�scri�tic��of the darnage and whether any City
property was involved.
; 25. Indemnification and Hold Harmless.
� a. Society shall defend, indemnify, and hc�ld harmless City, its elected
� officials, officers, employees, ag�nts, anc� volunteers, and each and every
, one of them, from and against all actions, damages, costs, liability, claims,
� losses, penalties, and expenses (including but not limited to reasonable
attorney's fees of the City Attorney or legal counsel retained by City, expert
fees, litigation costs, and investigation costs) of every type and description
to which any or all of thein may be subjected by reason of,or resulting from,
directly or indirectly,the negligent performance of this Contract by Society,
whether or not caused in part by passive negligence of the Party indemnified
hereunder. Society will conduct all defense at its sole cost and expense and
City shall have the right to approve or disapprove Society's legal counsel.
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City shall be reimbursed far all costs and attorney's fees incurred by City in �
enforcing this obligation.
b. Society shall also defend, indemnify, and hold harmless City for any
adverse detennination made by the Internal Revenue Service or the State �
Franchise Tax Board and/ar any other taxing or regulatory agency and shall �
defend, indemnify, and hold harmless City with respect to Society's
"independent contractor" status that would establish a liability on City for
failure to make social security deductions or contributions or income tax
withholding payments or any other legally mandated payment. I
c. The obligation to defend, indeinnify, and hold harmless set forth in this
Section applies to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits of said insurance
policies dc��c�t act as a limitation upon the amount of indemnification to be
prc�vided by Sa�iety. �
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26. Subsequent Events. In the event that compliance with subsequent statutes, ordinances,
and/or rules�nd regulations,or response to emergencies and acts of God,results in changes
in operating costs or in the event that increased services are required due to population ��
growth or significant growth in the number of stray animals, the parties hereto agree to
make a good faith effort to renegQtiate this contract so that the coinpensation herein shall !
reflect such change. i
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27. Animal Regulation Governance. The Sc�ciety agrees to cooperate fully with the City ,
including the attendance at all scheduled meetings to provide data and ensure open
communication. To evaluat� the animal regulati�tn program and determine necessary �
modifications or additional services provided �y this����contract, the City and the Society !
shall conduct an annual evaluation of the cantract on or t�efore January 31 st of each year. �
28. Notices. In addition to all other notices prc�vided for herein, City agrees that it shall give
Society written notice of any ordinances, resolutic�ns, or any regulation changes
contemplated by it relating to any matters affecti�g Sc�ciety's p�rformance and/or functions �
under the terms and conditions of this Contract.' �
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Written notices to the City shall be given by registered or certified mail, postage prepaid, ;
and addressed to: '
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City Manager '
City of Redding ��
777 Cypress Avenue
Redding, CA 96049-6071
Written notices to the Society shall be given by registered or certified mail, postage �
prepaid, and addressed to: i
Chief Executive Officer !
Haven Humane Society �
P.O. Box 992202 '
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29. Reports.
a. The Society shall report monthly to the City a detailed report of the services
; provided. This shall include the number of stray/deceased animals picked
up, the number of calls responded to, the locations, the time/number of
animals held by the Society, and identification of any problem areas or
issues identified by the Society in providing the service required pursuant
to this Contract.
b. The Society shall provide to the City Manager copies of its annual audited
financial reports covering the period of this Contract. If the Society fails to
i submit an annual audited financial report,then the preparer of the unaudited
rept�rt shall s�tisfy the Ciry's Finance Officer as to the reasonableness,
accuracy, and'ccarnpleteness of said unaudited report.
c. The Society will k�ep a timely,complete,and accurate set of books showing
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the revenues, expenses, and related financial transactions pertinent to
contracted aniinal' regulation and shelter services. Such records and
accounts will be made available at the Society's place of business for
cxami�atic�n at all zeasonable times by authorized representatives of the
; City. Nothing in t�tis Contract is intended, or shall be construed, to prevent
the Society �rc�m soliciting or accepting donations froin any person or
organization toward defraying the costs of the Society's charitable
� activities.
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� 30. Maintenance and Inspection �f Records.
' a. The City shall have access tc� and the right;to audit, except, reproduce, and
�� transcribe any of the Sc�ciety's records to the extent the City deems
necessary to insure it has r�ceived or is receiving all money to which it is
entitled under the ��ntract �r for ather purpc�ses directly relating to the
Contract. The City agrees to rn�intain confideritiality and shall not make
such audit or records public without written agreement by the Society.
, b. The Society shall maintain and preserve all sucl�records for a period of at
least three years after terminatia� af the ct�ntract or until an audit has been
completed and accepted by the highest governmental authority involved and
� a11 questions and disputes arising from the audit have been resolved.
c. Upon written notice by City, the Society shall promptly make all such
� records available to auditors or other representatives of the City. The
� Society shall also cooperate with such auditars and representatives in
auditing, excerpting, reproducing, and transcribing the records.
� 31. Complaints.
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a. The Society and the City agree that all complaints about service provided
by the Society pursuant to this contract shall be directed immediately to i
Society's Chief Executive Officer. It shall be the responsibility of the
Society to conduct such investigations as inay be necessary and to take
appropriate action to resolve complaints and provide follow up to the City. �
b. The Society agrees that as part of the monthly report to the City,the nuinber
of written complaints received froin City residents, the types of complaints,
and the resolution of those complaints shall be included. All citizen
complaints inust be received in writing. The Society and the City recognize '
the requirements of State law regarding confidentiality of personnel records
and agree that these reports shall not violate such laws. �
32. Cancellations.Notwitl�standing Section 36,this Contract may be cancelled without cause,
by either party by giving nc�t l�ss than 180 days written notice to the other party. The notice �
shall state the c���ellation date,Notice to the City shall be addressed to the City Manager, '
Return Receipt Requested. Notice to the Society shall be addressed to the Chief Executive
Officer, Return Receipt Requesteti, with a copy to the President of the Board of Directors.
If this Contract is cancelled pursuant to this Section, the consideration provided for in �
Section 21�f this Contract shall be apportioned in the ratio that the time to the stated �
cancellation d�te bears ta the full service year of this Contract. i
33. Non-Assi�nment Cl�use. The Sc�ciety cannot assign or delegate or otherwise transfer this
Contract or the rights or dutz�s contained h�rein to any individual, person, or legal entity
otherwise without the writte� consent of the+City.
34. Amendment. This Contract rnay be mt�di�ied axd atnended at any tiine during its tenn or
any extension thereof by written lnutual agreement c�fthe parties. The City and the Society
understand and agree that this Contract m�y not be altered, amended, modified, or ;
otherwise changed in any respect or any particular whatsoever, except in writing, duly
executed by the authorized representative�c�f the City and the Sc�ciety. �
35. Societv Independent Contraetor� Nothing in this Contract shall be deemed or construed I
to create or constitute a partnership or joint venture or an ageney relationship between the
parties hereto. Further, Society is, with respect to City, its c�f�cers, agents� and employees, ,
an independent contractor and not an officer, agent, or ernployee c�f the City or any of its j
officers, agents, or employees. �
36. Terminations. In the event the Society or City vi�lates the provisions of this Contract for '
any reason other than the occurrence of circumstances over which it can exercise no �
effective control, and such violation shall not be cured or remedied within sixty (60) days �
after notice thereof by the Society or the City, in addition to any other remedies provided
for in the Contract, the Society or the City shall have the right to terminate this Contract '
for cause by written notice duly served upon the Society or the City. All provisions of this
contract shall be considered material.
37. Advice of CounseL The City and the Society each warrants, represents, and agrees that in �
executing this Contract, the same is done with full knowledge of any and all rights which
Contract Between the City of Redding Contract#1618 i
And Haven Humane Society,Inc. 14 Approved: ,2020 ;
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such party has or may have, with respect to the terms of this Contract, and that such party
has received independent legal advice froin disinterested attorneys at law with respect to
the matters set forth herein, and with respect to all the rights and claiins arising out of or in
connection with this Contract.
38. Governing Law. This Contract shall be interpreted, construed, governed, and enforced
under, and pursuant to the laws of the State of California.
� 39. Provisions Severable. The provisions of this Contract are contractual, not mere recitals,
and shall be considered severable such that if any provision or part thereof shall at any time
be held under any law or ruling to be invalid, such provision or part thereof shall remain in
� force to the extent allowed by law, and all other provisions shall remain in full force and
� effect and enforceable.
; 40. Fees and Costs. If either the City or the Society commences any action or other proceeding
to enforce or interpret this Cantract, including any action to reform, rescind, or in any
' manner affect the provisions af this Contract, or in the event a dispute arises out of the
duties and abligations set forth h�rein, the prevailing party shall be entitled to all costs
incurred in cc�nnection therewith including, but not limited to, reasonable attorney's fees.
; 41. Time of the Essence. Tiine is of the essence in the performance of each and every tenn
and condition af this Contract.
,; 42. Captions. The captit�n� and h�adings c�f this Contract are for convenience only and shall
not in any way limit or be deemed to construe or interpret the terms and provisions hereof.
43. Authority. The undersign�d hereby represent and warrant to each other that they have the
legal capacity and authority t� enter intc� this Coniract, and that the undersigned have the
sole right and exclusive authority tc� execute this �ontract.
� 44. Entire Contract. This Contract contain�s the��entire ct�n;tract between the City and the
! Society and supersedes any and all pric�r oral and/or written Contracts and/or drafts of
,
, Contracts. It is expressly agreed between th� City and the Society that no inference of any
,
, kind may be made ar drawn, nor �videnc� intrc�duced, in any su�sequent proceeding to
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enforce any provision hereof from any prior oral ar written cc�ntracts or drafts of contracts.
45. Bindin� Agreement. This Contract and all of its terms and� condi�ic�n's s'�all��inure to the
� benefit of, and be binding upon, all of the parties hereto t�eir s�ccessors and/or assignees.
,
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� 46. CE A. The City has determined that this matter is �c�t subject �o the provisions of the
California Environmental Quality Act.
47. Date of Contract. The date of this contract is the date that the City signs.
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� Contract Between the City of Redding Contract#16l 8
And Haven Humane Society, Inc. 15 Approved: ,2020
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IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year �
indicated. '
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Dated: !
CONSULTANT CITY OF REDDING
HAVEN HUMANE SOCIETY A Municipal Corporation
r; F C"�'--
By ��`%�'� --�-..�.. - By C
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MARK STORREY, �hief Executive O�ficer ERIN RESNER, Mayor i
Taxpayer ID No: (t�n file with Finance) ;
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ATTEST:
A�'PROVED AS TO FORM:
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By: �. � ,
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PAMELA MIZE, City Clerk BARRY E. I7eWALT, City Attorney
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Contract Between the City of Redding Contract#1618
And Haven Humane Society,Inc. 16 Approved: ,2020
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