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HomeMy WebLinkAboutAgenda Report - January 18, 2023 C-07CITY OF r its l 10 t CALIFORNIA AGENDA ITEM Ca7 COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute a Five -Year Professional Services Agreement for Animal Services Veterinary Oversight with Elaine M. Dornton DVM of Acampo, California in the amount of $100,000. MEETING DATE: January 18, 2023 PREPARED BY: Chief of Police RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Contract for Animal Services veterinary oversight with Elaine M. Dornton, DVM of Acampo, California. BACKGROUND INFORMATION: The City of Lodi Animal Shelter provides shelter services for more than twelve hundred animals each year. Veterinary services are required to comply with state law while meeting community expectations of quality care provided to shelter animals. Having an on-site licensed veterinarian demonstrates greater fiscal responsibility and reduces the costs of off-site veterinary care. With the increasing success of adoptions, on-site veterinary services must be performed on a day-to-day basis to ultimately reduce an animal's length of stay and lowers overall cost for extended boarding and care. Dr. Dornton's on-site veterinary services are crucial to continue to sustain the health and wellness of shelter animals that are in the care of City of Lodi. Ensuring that shelter animals are up-to-date on vaccines and healthy enough to go to a new home helps the save rate of shelter animals rise and the euthanasia rate decline. FISCAL IMPACT: Veterinary oversight costs included in the 22/23 budget. No additional funding needed. FUNDING AVAILABLE: Animal Services Misc. Professional Services — 10031002.72450 Qtr Xv�obj Andrew Keys Deputy City Manager/Internal Services Director _Z� &9Zt9eW ^ �p SeVh? EricVerSteeg-For ,icia(Jan6,202312:04PST) Sierra Brucia Chief of Police APPROVED: amjy P "'�� Stephen Schwabauer, City Manager AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2023, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and ELAINE M. DORNTON, DVM (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Animal Shelter Veterinary Oversite and Services (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall Page 1 of 14 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on January 1, 2023 and terminates upon the completion of the Scope of Services or on January 1, 2028, whichever occurs first. Page 2 of 14 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. Page 3 of 14 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Page 4 of 14 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Andrea Morales To CONTRACTOR: Elaine M. Dornton, DVM 22584 N. Dustin Road Acampo, CA 95220 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of Page 5 of 14 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Page 6 of 14 Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Page 7 of 14 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. Page 8 of 14 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: Pamela Farris Assistant City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney 13 CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager Elaine M. Dornton, DVM By: �p[l�1 61As� Name: Elaine M. Dornton, DVM Title: Doctor of Veterinary Medicine Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 10031002.72450 (Business Unit & Account No.) Doc ID: CA:Rev.02.2022.LT Page 9 of 14 OVA :Ily1r_1 SCOPE OF SERVICES Veterinary Services: Contractor shall provide medical evaluation and treatment for animals in the care and custody of the Lodi Animal Services at the shelter facility. Animals may include, but not limited to, domestic and exotic. Services for the treatment of animals may include, but are not limited to, routine and emergency calls during normal working hours. In addition to the treatment of animals, the Contractor shall provide consultation services to the Lodi Animal Services. Contractor shall perform routine visits and trainings at the animal shelter. Specifications: Contractor shall provide the below services, including administering drugs as necessary, drugs involved in the medical care of sick and injured animals, the chemical capture of loose or aggressive animals, and for humane euthanasia. Services may include, but are not limited to the following: Veterinarian Services- Contractor shall provide during regular business hours veterinarian services. The City shall bear no additional cost for phone consultations. Veterinarian services may include, but no limited to, examining, diagnosing, and treating sick or injured stray animals brought in to the shelter facility by Animal Services staff or designee of the City, providing guidance to City staff on follow-up treatments, and euthanasia. Basic triage- Contractor shall provide basic medical care for all animals brought into the shelter facility by Animal Services staff, or designee of the City. Treatment shall include but is not limited to full examination, fluid therapy, injectable medications, and basic bandaging in order to stabilize the animal, and necessary euthanasia to prevent further suffering. Professional Assistance for Cruelty (Neglect Investigations) - Contractor shall provide professional evaluation and advice to Animal Services staff concerning the medical and health conditions of animals suspected to be the object of cruelty or neglect. This may, by necessity, require prompt shelter visits at the shelter facility by a licensed veterinarian along with written documentation of the condition and treatment of the animal. Contactor Page 10 of 14 OVA :11:31r_1 shall provide detail reports with supporting documents and photographs of any abused animals within 5 business days of the service, or as may otherwise be required by the City. Co-sign for the City's Controlled Drugs- Contractor shall be licensed to act as co-signer for the purchase of controlled drugs. These drugs may include, but are not limited to, tranquilizers and euthanasia. All drugs used shall be kept in a locked storage in the Animal Services office or in the locked box in the Animal Services trucks assigned out for the work shift. All Animal Services Officers shall be properly trained and qualify to use the dart gun by the City and be certified prior to administrating any controlled drug. Veterinarian of Record for Veterinary Premise License- Contractor shall be the veterinarian of record for the purpose of maintaining a current Veterinary Premise License with the State of California. A copy of the veterinarian's current license shall also be posted. Training of Shelter Staff- Contractor shall provide a 4 -hour training course when necessary to Animal Services staff at the request of the City. Training areas may include, but are not limited to, euthanasia, animal first aid, neglect, infectious diseases, shelter vaccine protocol, shelter medical treatments and drug dose usage for the dart gun. Veterinary Assistance for Rabies Vaccinations- Contractor shall partner with Lodi Animal Services to provide reduced cost rabies vaccination programs/ clinics for the community. Professional Testimony in Court- Contractor shall give professional testimony in court for criminal or civil litigation, and for administrative hearings, when necessary at the request of the City. • Contractor shall be a California licensed Veterinarian (must submit copy of license) • Contractor shall be licensed to perform euthanasia. • Contractor shall hold a DEA license (must submit copy of license). • Contractor shall maintain all required certifications and license. • Contractor shall maintain all records Page 11 of 14 0:/:11:312: FEE PROPOSAL Fee Proposal, compensation shall be at an hourly rate of $110.00 per visit for full examination, medical care and trainings as outlined in the scope of services at the shelter facility. A minimum of 2 hours per visit to be paid for the veterinarian services provided at the shelter facility. Compensation shall not exceed: $20,000.00 annually. The Contractor shall be paid monthly for the said amount upon submittal of a monthly invoice showing completion of the tasks that month, including the services rendered, the costs incurred for materials, the person(s) rendering performed services, the amount time spent by such person(s), and the applicable hourly rate at the shelter facility. If Contractor's performance is not in conformity with the Scope of Services, payments may be delayed or denied, unless otherwise agreed to by the City. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this contract. Page 12 of 14 EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Professional Services for Animal Veterinary Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services. Other Insurance Provisions: NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (a) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (b) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled without 30 days' prior written notice of such cancellation to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. (c) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (d) Failure to Comply Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (e) Verification of Coverage Consultant shall furnish the City with a copy of the insurance certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. (f) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Risk: rev. 3/1/2018 Page 13 of 14 (g) Insurance Limits EXHIBIT C The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (h) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (i) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Q) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Risk: rev. 3/1/2018 Page 14 of 14 RESOLUTION NO. 2023-13 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH ELAINE M. DORNTON, DVM, OF ACAMPO, FOR ANIMAL SERVICES VETERINARY OVERSIGHT WHEREAS, the Lodi Animal Shelter houses approximately twelve hundred animals each year. To ensure potential adopters that a shelter animal is healthy and up-to-date on vaccines, each animal that is housed by City of Lodi must be evaluated by a licensed veterinarian; and WHEREAS, with the increasing success of adoptions, on-site veterinary services must be performed on a day-to-day basis to ultimately reduce an animal's length of stay and lower the overall cost for extended boarding and care; and WHEREAS, in order to contain the costs of outside care and better manage fiscal resources, an on-site licensed veterinarian will assist in basic triage, neglect investigations, co-sign for controlled drugs, and train shelter staff when necessary; and WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with Elaine M. Dornton, DVM, of Acampo, in an amount not to exceed $100,000 over a five-year period. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Elaine M. Dornton, DVM, of Acampo, California, in an amount not to exceed $100,000 over a five-year period; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: January 18, 2023 I hereby certify that Resolution No. 2023-13 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023, by the following vote: AYES: COUNCIL MEMBERS — Craig, Khan, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Bregman and Hothi ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2023-13