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2024/02/27 City Council Resolution 2024-012 RESOLUTION NO. 2024-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)WITH THE CITY OF COTATI FOR ANIMAL LICENSING SERVICES WHEREAS; the City of Rohnert Park currently provides animal services to the City of Cotati; and WHEREAS,managing animal licensing services is a labor intensive program that consumes resources in both labor and opportunity costs; and WHEREAS,the City Council of the City of Rohnert Park authorized an agreement for third party animal licensing services with DocuPet Corporation on December 12, 2023; and WHEREAS,the City of Rohnert Park desires to collaborate with the City of Cotati to provide animal licensing services in order to streamline operations, reduce costs, and improve service delivery for both cities; and WHEREAS,the proposed MOU outlines the terms and conditions for the partnership between the City of Rohnert Park and the City of Cotati. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve an MOU by and between the City of Cotati, and the City of Rohnert Park for animal licensing services. BE IT FURTHER RESOLVED that the City Manager, is hereby authorized and directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the agreement attached hereto as Exhibit"A," subject to minor modifications by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 27th day • -e. ary, 2024. CI�1 ' RO ERRTT PARK Susan H. Adams, Mayor ATTEST: Elizabet Machado, Assistant City Clerk A P OV A TO FORM: , _ Michelle Marchetta Kenyon, City Attorney ELWARD: 4t.4 RODRIGUEZ:Pa-ie SANBORN: 4Lie. GIUDICE: e ADAMS: A ES: (5 ) NOES: (0 ) ABSENT: ( 0 ) ABSTAIN: ( 0) I DocuSign Envelope ID: 63742794-C548-48C6-BA21-EB6C8A0CO8A9 I Me orandum of Understanding Between the C ty of Rohnert Park and the City of Cotati t r Animal Licensing Services This Memorandum of Understanding ("MO ") is entered into between the City of Rohnert Park ("Rohnert Park") and the City of Cotati ("Cotati") (collectivel , the "Parties") effective this day of January 26, 20'.MJ24. Recitals A. Rohnert Park currently pr vides animal services to Cotati, including but not limited to animal control, collection and sheltering of stray a imals found in Cotati; the Parties currently perform their own animal licensing services consistent with their resp ctive city fee schedules; B. The Parties acknowledge th t managing animal licensing services is a labor-intensive program that is costly to each city in both labor and pportunity costs, which resources could be more effectively used elsewhere; C. The Parties further ackno ledge that independent, third-party venders can provide animal licensing services in a very cost-effective w y, whereby it would only be necessary to dedicate minimal staff time to animal licensing, and contracting with a hird-party vender can continue to provide a revenue stream to each city from animal licensing without the need to dedicate significant staff resources to the program; D. The Parties have identified third-party vender, DocuPet Corporation ("DocuPet"), that offers an online animal licensing service that can e tailored to each city's fee schedule; will receive and use animal vaccination data to promote an animal lice sing program in each jurisdiction; and will keep a modest portion of the licensing fee ($1.50) per transaction an remit the remainder to the respective jurisdiction; E. DocuPet only offers its se ices to jurisdictions that can meet a minimum threshold number of licensing transactions in a single year. Rohn rt Park meets the minimum threshold for DocuPet's services and has contracted with the company; Cotati does ot meet the threshold on its own, but the Parties and DocuPet have agreed that the Parties can combine their l"censing transactions for purposes of meeting the threshold; and F. The Parties wish to comb ne their animal licensing transactions in a cooperative purchasing arrangement for the purpose of contractin with DocuPet. NOW, THEREFORE, for the good an valuable consideration offered herein, the Parties agree as follows: I. Terms and Conditions: A. Service Provider: / The Parties agree that Ro~nert Park will engage DocuPet as the service provider for managing animal licensing processes ("Services"). Co ati shall not be a party to the Agreement between Rohnert Park and DocuPet; however, Cotati will coordinate ith Rohnert Park's implementation and configuration of the services to meet the needs of both Parties. DocuSign Envelope ID: 63742794-C548-48C6-BA21-EB6C8A0CD8A9 B. Fees and Revenue Sharing: i) The animal licensing fees submitted to DocuPet for Rohnert Park and Cotati shall be consistent with each Party's master fee schedule, including any discounted or waived fees. Any updates or changes to the fees for the Services shall be maintained by each Party in their respective master fee schedule. ii) DocuPet shall deliver all fees for animal licensing services and merchandise purchases to Rohnert Park. Rohnert Park shall remit all animal licensing fees received from DocuPet for animals in Cotati to Cotati quarterly. Cotati shall provide wiring instructions to Rohnert Park for electronic transfer of funds, and Rohnert Park shall provide a copy of the report generated from the DocuPet system which confirms the appropriate allocation and distribution of the licensing fees along with the payment. iii) To the extent citizens choose to upgrade their animal license tags or purchase other good and merchandise from DocuPet, all revenue received from DocuPet for those upgrades will be distributed to Rohnert Park to subsidize its animal control and sheltering services. iv) The Parties anticipate that, on occasion, DocuPet may be unable to contact animal owners for purposes of encouraging animal licensing. In that event, Rohnert Park agrees to perform additional outreach on behalf of both Parties to animal owners using data obtained from Sonoma County to encourage them to license their pets. Rohnert Park agrees to perform this outreach for Cotati unless Cotati requests termination of this additional service in writing. Cotati hereby designates Rohnert Park as its agent for the sole purpose of requesting and receiving adoption and licensing data from Sonoma County. Rohnert Park may bill Cotati an additional two dollars and fifty cents ($2.50) per animal for these services, not to exceed five hundred dollars ($500) per year. Such fees shall be billed annually to the following address: C. Data Sharing: City of Cotati Department of Administrative Services/Accounts Payable 201 W. Sierra Ave. Cotati, CA 94931 AccountsPayable@cotaticity.org i) The Parties agree to cooperate, including but not limited to, sharing necessary and reasonable data with DocuPet, for the effective administration of the Services. ii) The Parties additionally commit to taking all reasonable efforts to secure each other's data within the DocuPet systems while still permitting required access to support customer service for animal registration, lost animal search, and fiscal reporting. As an example, to facilitate data access, Cotati should have at least three DocuPet access accounts, including access to DocuPet customer support, as needed. All accounts must have the ability to access the data for customer service and run reports as needed, and at least one of the accounts for each Party shall be able to update fees or fee waivers. D. Duration: This MOU shall be effective from the date of signing and shall remain in force unless otherwise terminated by either Party in accordance with the terms herein. Rohnert Park is required to maintain an active 2 4883-3977-3588 v.2 DocuSign Envelope ID: 63742794-C548-48C6-BA21-EB6C8A0CD8A9 I DocuPet subscription in good standing and t facilitate Cotati's access to the DocuPet system throughout the term of this MOU. E. Termination: i) Either Party may t rminate this MOU with sixty (60) days' written notice to the other Party . ii) Should Rohnert Par~ breach its obligations under this MOU and that breach continues for a period of more than thirty (30) days following written notification of such breach, or if such breach cannot be remedied within thirty (30) days and Rohnert Park has not di ligently commenced steps to remedy the breach within thirty (30) days, Cotati may, at its oJtion and w ithout prejudi ce to any other rights or remedies it might have, immediately terminate this MOU. F. Amendments: Any modifications or amend ents to the terms and co nd itions of this MOU shall be agreed upon by both Parties in writing. II. Indemnification Each Party hereto ("I ndemnifying Party") shall in demnify, defend and hold harmless the other Party, its elected officials, officers, agents, employees! and volunteers against any loss, cost, damage, expense, claim, suit, demand, or liability of any kind or character, incl ud ing but not limited to reasonable attorneys' fees, arising from or relating to any negligent or wrongful act or omission of the Indemnifying Party, its elected officia ls, officers, agents or emp loyees, which occu r s in the pe formance of, or otherwise i n connection w ith, thi s MOU , but on ly in proportion to and to the extent such loss, co st , damage, exp ense, cla im, su it , demand, or liability of any kind or character, including reasonable attorneys' ~ees, is caused by or results from the negligent or wrongful act or omission of the Indemnifying Party, its elected officia ls, officers, agents, or employees. Ill. Insurance Requirements I Both Parties are members of the California Intergovernmental Risk Authority ("CIRA") and maintain adequate coverage to pay for cla ims as they [el ate to the services contemplated in this MOU. IV. Relationship of the Parties Rohnert Part and DocuPet are performing the Services as independent contractors. Rohnert Park and DocuPet have the sole right and obligation tol supervise, manage, direct, and pe rform all work to be performed by its personnel under this MOU. The persons :'(.ho perform the Services are emp loyees of Rohnert Park or DocuPet (or its subcontractors) and Rohnert Park and 1 oocuPet shall be solely responsib le for payment of comp ensation to such persons and for any injury to them in thEj course of their employment. Rohnert Park and Do cuPet wi ll assume ful l responsibility for payment of all taxe s, withho ldings and contributions required w i th respect to their employees in their performance of the Serv ices . V. Governing Law: This MOU shall be governed by andl con strued in ac cordan ce with the laws of the State of California , w ithout regard to its conflict of law principles. Any proceedings to enforce the terms and conditions of this MOU shal l be brought in the County of Sonoma. 1 3 4883-3977-3588 v .2 DocuSign Envelope ID: 63742794-C548-48C6-BA21-EB6C8A0CD8A9 VI. Entire Agree m e nt: Thi s MOU contains the entire understanding between the Parties and supersedes all previous agreements and understandings regarding this subject matter, whether oral or written. By sign ing below, each Party rep resents they have proper authority to execute the MOU and acknowledge their agreement to the terms and conditions outlined above. Signatures: For the City of Rohnert Park: Date: ____________ _ Attest: Date: ____________ _ Approved as to form: Michelle Marchetta Keny on City Attorney, Rohnert Park For the City of Cotati: Date: ____________ _ Attest: Date: ____________ _ Approved as to form: [N~~~.c City Attorney, Cotati 4883-3977-3588 v.2 Marce la Piedra City Manager Sylvia Lopez Cuevas City Clerk [Name]Damien O'Bid [Tit le ] Cit y Manager [Name] ~ .. -." ""'-\te-r>bA City Clerk 4 Certificate Of Completion Envelope Id : 63742794C54848C6BA21EB6C 8A0CD8A9 Subject: MO U Between Rohnert Park & City of C otati -Animal Licensing Services Sou rce Envelope: I Document Pages: 4 Signatures: 1 Certificate Pages: 2 Auto N av: Enabled Envelopeld Stamping : Enabled Initials: 0 I Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original January 26, 2024 I 09:36 Security Appli ance Status : Con nected Storage Appliance Status: Connected Signer Events Damien O'Bid dobid@cotaticity.org City Manage r City of Cotati Security Level: Email, Account Authenticatio n (None) Electronic Record and Si gnature Di sclos ure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Kevin Patterson ke patterson@cot aticity .org Deputy City C lerk City of Cotati Security Level: Email , Account Authentica tion (None) El ectroni c Record and Signature Di sclosure: Not Offered via DocuSign Angela Courter acourter@cotaticity.org Director of Administrative Servi ces City of Cotati Security Level: Emai l, Account Authentication (None) Electro ni c Record a nd S ignature Disclosure: Not O ffered via DocuSig n Holder: Rosie Speranza rsReranza@cotaticity .org Pool: Statiocal Pool: Cara\ .soft 080 City of Cotati Signatu~e jn0o<us'9 ..Jt,y. L2:~L~1 Signature t doption: Pre-selected Style Using IP A ddress: 174.194.137.152 Sig ned usij g mobile Signatu t Status I Status I Status Status Status C PIED cdPIED Status: Completed Envelope Originator: Rosie Speranza rsperanza@cotaticity.org IP Address: 71 .6.9 4.254 Loca tion: DocuSign Location : DocuSign Timestamp DocuSign Sent: January 26, 2024 I 09:36 V iewed: January 26, 2024 I 09:47 Signed: January 26, 2024 I 09:47 Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: January 26, 2024 I 09:47 Sent: January 26, 2024 I 09:47 Carbon Copy Events Rosie Speranza rsperanza@cotaticity .org Accountan t Security Level: Email, Account Authenticat ion (N one) Electroni c Record a nd Signature Di sclos ure: Not Offered via Docu Sign Mickey Zeldes mzeldes@rpcity.org Security Level: Ema il, Accou nt Authe nticat ion (N one) Electroni c Record and Signature Di sclosure: Not O ffered v ia DocuSign Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delive red Si gning Compl ete Completed Payment Events Status COPIED COPIED Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Status Timestamp Sent: Janua ry 26, 2024 I 09:47 Resent: Jan uary 26, 2024 I 09:47 Sent: Janua ry 26, 2024 I 09:47 Viewed: January 26, 2024 1 15:02 Timestamp Timestamp Timestamps January 26, 2024 I 09 :36 January 26, 2024 I 09 :47 January 26, 2024 I 09:4 7 January 26, 2024 I 09 :4 7 Timestamps