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HomeMy WebLinkAboutC24201 MOU County Department of Animal ServicesContract No. C24201 REQUEST: CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT By Minute Motion, approve the Memorandum Of Understanding (MOU) between Riverside County Department of Animal Services, Riverside, California, and the City of Palm Desert, to provide field animal control services. This MOU extends the term of services for five years — July 1, 2007 to June 20, 2012. SUBMITTED BY: Hart Ponder, Jr., Code Compliance Manager CONTRACTOR: Riverside County Department of Animal Services 5950 Wilderness Avenue Riverside, CA 92504 DATE: December 13, 2007 CONTENTS: Scope of Services (Exhibit A) Animal Services Operating Procedures Agreement (Exhibit B) MOU between County Department of Animal Services and the City of Palm Desert (Exhibit B1) Fiscal year 2007/2008 Budget (Exhibit C) Recommendation: That the Council, by Minute Motion: (1) approve the MOU between the Riverside County Department of Animal Services and the City of Palm Desert (Exhibit B1), and the Animal Services Operating Procedures Agreement (Exhibit B) with Riverside County Department of Animal Services, Riverside, California; and (2) authorize the Mayor to execute same. This MOU extends the term of services for five years — July 1, 2007 to June 20, 2012, Contract No. C24200 and shall not exceed $91,387.00, unless approved otherwise. Executive Summary Approval of the staff recommendation will approve the MOU between the Riverside County Department of Animal Services and the City of Palm Desert. The period is for five years and renewable on a annual basis. The cost for the service is $91,387 for year one. Staff Report MOU OF UNDERSTANDING Animal Services and Field Contract Services Page 2 December 13, 2007 Background: Based on the County's onging efforts to provide the best possible service to the City of Palm Desert, the City has agreed to enter into a MOU for Field Animal Control Services. The period is for five years, renewable on an annual basis, with the agreed costs to be considered and reviewed each fiscal year, with an emphasis on the City's needs related to animal control. The current contract for services in Fiscal Year 2007/2008 shall not exceed $91,387.00, unless approved otherwise. Staff has also negotiated with the County for a low cost rabies clinic to be conducted twice a year, which will allow the citizens of Palm Desert to conveniently obtain rabies shots and licensing for their animals, while providing educational materials for responsible animal care. This cost is included in the total cost for animal control services. The Scope of Services (SOS) under this agreement includes working with the Code Compliance Division to address any detailed cases or situations that may present themselves, assuring that the City's policies related to customer service are followed. The SOS provides one field service person, performing general animal control functions and enforcing all pertinent City ordinances, (i.e. routine patrols, rescues, investigations of cruelty complaints, court appearances, impounds of dangerous, wild injured or loose animals, and the removal of dead animals) is also included in the agreement. The assigned person will provide these services primarily during normal work hours, however, service is available 24 hours a day, seven days a week, as needed. Funds are available in Account No. 110-4230-442-3090. G \Code1Code Shared Fdes'Memorandums170071Staff Report An,mal Control Serv,ces doc Staff Report MOU OF UNDERSTANDING Animal Services and Field Contract Services Page 2 December 13, 2007 Submitte• B Review and Concur: Hart Ponder, Jr., Code Compliance Manager Approval: David J. Erwin, City Attorney Approval: Paul Gibson, Director of Finance Approval: Carlos Orteg�',/City Manager -7 auri Aylaian Director of Community Development omer Cro , sistant City Manager Develop nt S rvices CITY COUNCIL ACTION: APPROVED ✓ DENIED RECEIVED OTHER MEETING DATE /v( / S -p'/ AYES : ' , kOI/c/r ��/�/�l,�f Q7Y' , of 1Sl1. NOES : V ABSENT: /nP,/-A ABSTAIN: Air r%. VERIFIED BY: /'/W/na-) Original on File wit$ City Clerk's Office G ICodelCode Shared FdeslMemorandums120071Staf Report Animal Control Services doc 07-065 MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES AND CITY OF PALM DESERT This Memorandum of Understanding (MOU), including all Exhibits and Attachments, is made and entered into by and between the CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and the COUNTY OF RIVERSIDE, DEPARTMENT OF ANIMAL SERVICES, hereinafter referred to as "COUNTY", to be effective on the date approved by both parties. RECITALS: WHEREAS, on August 25, 2005 the CITY awarded a contract to the COUNTY to provide and perform a broad range of animal control activities for the purpose of safeguarding the health and safety of its domestic and wild animals, promoting the humane treatment of animals and for enforcing CITY and County ordinances relating to animal control per the Scope of Service (Exhibit A) and Operating Procedures (Exhibit B); and, WHEREAS, the COUNTY has the personnel and experience to provide such animal control services, and is willing to enter into a MOU with the CITY for the provision of such services, subject to the terms and conditions and for the compensation as hereinafter set forth. WHEREAS, the CITY and COUNTY agree to now enter into, this Memorandum of Understanding for a period of five (5) years, renewable on an annual basis, with agreed cost of services as noted. NOW THEREFORE, in consideration of the mutual promises, covenants and condition contained herein, the parties mutually agree as follows: 1 07-065 I. TERM The term of this MOU shall be from July 1, 2007 through June 30, 2012, renewable on an annual basis, or such later date as may be agreed between parties. II. CITY'S OBLIGATION For furnishing animal control services, as specified in this MOU, CITY will pay and COUNTY shall receive in full compensation based on the budgeted amount of the actual program costs and expenses, a total annual sum not to exceed the amount set forth in Exhibit C as mutually agreed upon in writing, for Fiscal Year 2007/2008. "Fiscal Year" as used herein, shall mean from July 1 S' of one year through June 30th of the following year. For each subsequent Fiscal Year of the term of the MOU, as well as any renewals, the budgeted amount may be adjusted and shall be based upon actual program costs and expenses to be mutually agreed upon in writing by CITY and COUNTY. III. COUNTY'S OBLIGATIONS For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, COUNTY agrees with CITY to furnish animal control services and to do everything required by this MOU and the said Scope of Service attached hereto as Exhibit A, as well as Animal Control Operating Procedures attached hereto as Exhibit B and incorporated herein by this reference. IV. COMPENSATION CITY and County agree that the costs for animal control services provided under this MOU shall be based on CITY's budgeted amount and billed at the actual program costs and expenses pursuant to this MOU. The budget for Fiscal Year 2007/2008 is attached hereto as and incorporated herein as Exhibit C. For each subsequent Fiscal Year of the term of the MOU, as well as any renewals, the budgeted amount may be adjusted and shall be based upon actual program costs and expenses to be mutually agreed upon in writing by CITY and COUNTY. 2 07-065 Special or unanticipated costs, such as animal cruelry cases or wild fires, shall be billed at the COUNTY's actual cost to provide such services to CITY. CITY will be notified of any and all special circumstance calls at the time of the incident. If such costs are apportioned by the COUNTY pursuant to this MOU, the rate of such apportionment may be recalculated at the end of the first fiscal year or earlier and readjusted as necessary, with mutual consent by a written supplement to this contract. The COUNTY shall, at request of CITY, furnish customized reports regarding such costs. It is further understood by both CITY and COUNTY that the budgeted and appropriated amount for animal control services will not be increased during the Fiscal Year unless mutually agreed by the parties in writing. Therefore, if line item costs are higher than anticipated, the total budgeted amount shall govern and services may be reduced or eliminated or line item adjustments made following mutual consultation between the CITY and COUNTY. For each Fiscal Year, COUNTY shall provide to CITY as soon as possible, but not later than March 15th, a fiscal projection/budget of revenues, expenditures and appropriations for the upcoming Fiscal Year. Commencing within one (1) month following execution of this MOU, CITY shall remit to COUNTY by the twenty-fifth (25th) day of each month CITY's actual cost of the operation of the animal control services as budgeted for the previous month, less revenue collected by the COUNTY from CITY fees during that same time period. This MOU shall be budgeted utilizing the performance based contract method for which said budget will be based upon the number of estimated hours, types and levels of services required by CITY. The number of staff and supplies shall be at the discretion of the COUNTY in order to accomplish the service hours performed by COUNTY and billed monthly in arrears. CITY shall pay COUNTY upon presentation of 3 07-065 such billing and accounting by the twenty-fifth (25�`') day of each month. V. MUTUAL HOLD HARMLESS A. CITY shall indemnify and hold harmless all Agencies, Districts, Special Districts and Departments of the County of Riverside — its respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liabiliry whatsoever, based or asserted upon any services of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of CITY, its officers, agents, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of CITY, it's officers, agents, employees, subcontractors, agents or representatives from this MOU. CITY shall defend at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts, and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any claim or action based upon such alleged acts or omissions. B. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or 4 07-065 circumscribes CITY'S indemnification to COUNTY as set forth herein. CITY'S obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at CITY'S expense, for the defense or settlement thereof. CITY'S obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liabiliry for the action or claim involved. C. The specified insurance limits required in this MOU shall in no way limit or circumscribe CITY'S obligations to indemnify and hold harmless the COUNTY herein from third party claims. D. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CITY from indemnifying the COUNTY to the fullest extent allowed by law. E. COUNTY shall indemnify and hold harmless all Agencies, Districts, Special Districts and Departments of the CITY — its respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liabiliry whatsoever, based or asserted upon any services of COUNTY its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of COUNTY, its officers, agents, employees, subcontractors, agents or representatives from this MOU, COUNTY shall defend at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the CITY, their 5 07-065 respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any claim or action based upon such alleged acts or omissions. F. With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY'S indemnification to CITY as set forth herein. COUNTY'S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at COUNTY'S expense, for the defense or settlement thereof. COUNTY'S obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved. G. The specified insurance limits required in this MOU shall in no way limit or circumscribe COUNTY'S obligations to indemnify and hold harmless the CITY herein from third party claims. H. In the event there is conflict between this c4ause and California Civi{ Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CITY from indemnifying the COUNTY to the fullest extent allowed by law. VI. INSURANCE A. Liabilitv Insurance. The COUNTY shall procure and maintain for the duration of the MOU 6 07-065 commercial general liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the COUNTY, its agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the COUNTY. The COUNTY shall maintain general commercial liability of not less than One Million Dollars ($1,000,000.00) per occurrence for all covered losses and not less than Two Million Dollars ($2,000,000.00) general aggregate. Any deductibles or self-insured retention must be declared to the CITY and approved by the Risk Manager. The self- insured commercial liability and automobile liability are to contain the following provisions: 1. COUNTY shall maintain a self-insured program of commercial general liability to protect the COUNTY and the ClTY, its officers, officials, employees, agents and volunteers from liability arising out of activities performed by or on behalf of the COUNTY, products and completed operations of the COUNTY, premises owned, occurred or used by the COUNTY, including automobile liability insurance on owned, leased, hired or borrowed by the COUNTY. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees, agents or volunteers. 2. For any claims related to the COUNTY'S insurance coverage the COUNTY'S coverage shall be primary insurance as respect to the CITY, its officers, employees, agents and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, employees, agents and volunteers shall be excess of the COUNTY'S insurance and shall not contribute with it. 3. Any failure to comply with the reporting or other provisions of the policies including breach of warranties shall not affect coverage provided the 7 07-065 CITY, its officers, officials, employees, agents or volunteers. 4. COUNTY'S self-insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Any change to the items listed above must be brought to CITY'S attention, with thirty (30) days prior written notice. Insurance shall be placed with current A.M. Best's rating of not less than A:VII. B. Automobile Insurance. During the term of the contract, and any extension thereof, the COUNTY shall procure and maintain automobile liability insurance of not less than One Million Dollars ($1,000,000.00) per accident for all covered losses. C. Worker's Comqensation Insurance. The COUNTY shall procure and maintain Worker's Compensation insurance as required by the State of California and Employer's Liabiliry Insurance. The Employer's liability policy shall be not less than One Million Dollars ($1,000,000.00) for all covered losses. D. Verification of Coveraae. The COUNTY shall furnish the CITY with original endorsements affecting coverage required by this clause. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be provided on standard ISO forms. All endorsements are to be received and approved by the Risk Manager. E. Indeqendent COUNTY. 8 07-065 COUNTY shall perform all services required herein as an independent COUNTY of CITY and shall remain at all times as to CITY a wholly independent COUNTY. VII. AMENDMENTS Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon mutual approval by the Ciry Council of the CITY and the Board of Supervisors of COUNTY. VIII. TERMINATION CITY reserves the right to terminate this MOU at any time, with or without cause, upon written thirry (30) day notice to COUNTY. Upon receipt of any notice of termination from CITY, COUNTY shall immediately cease all services hereunder except such as may be specifically approved in writing by CITY. COUNTY shall be entitled to compensation for all services rendered prior to receipt of CITY'S notice of termination and for any continued services authorized in writing by CITY thereafter. COUNTY reserves the right to terminate this MOU at any time, with or without cause, upon written thirty (30) day notice to CITY, but will continue to provide animal control services pursuant to the Scope of Service (Exhibit A), for the contracted fee until the CITY is able to obtain a suitable replacement, provided that the replacement services are in-place within three (3) months of the termination date, at which time the COUNTY may cease providing such services to the CITY, unless otherwise agreed to in writing. IX. COMPLETE MEMORANDUM OF UNDERSTANDING This written MOU, including all writings specifically incorporated hereby in reference, shall constitute the complete MOU between the parties hereto. No oral MOU, agreement or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral MOU, agreement or representation be binding upon the parties hereto. 9 07-065 X. RECORDS AND REPORTS Upon request by CITY, COUNTY shall prepare and submit to CITY records and reports concerning COUNTY'S performance of the services rendered under this MOU. CITY shall have access, upon reasonable notice, to the books and records of COUNTY related to COUNTY'S performance of this MOU in the event any audit is required. XI. NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: OFFICE OF THE CITY CLERK COUNTY CITY of Palm Desert County of Riverside 73-510 Fred Waring Drive Community Health Agency Palm Desert, CA 92260 Department of Animal Services 5950 Wilderness Avenue Riverside, CA 92504 Attention: Paige Hamtil, Administrative Services Division Director XII. LITIGATION COSTS In the event an action is filed by either party to enforce any rights or obligations under this MOU, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. XIII. AUTHORITY TO EXECUTE MEMORANDUM OF UNDERSTANDING Both CITY and COUNTY do covenant to each individual executing this MOU on behalf of each party is a person duly authorized. 10 07-065 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first herein above written. CITY OF PALM DESERT COUNTY OF RIVERSIDE A Municipal Corporation COMMUNITY HEALTH AGENCY Department of Animal Services RICHARD KELLY, MAYOR (Signature must be notarized) CITY OF PALM DESERT, CALIFORNIA ATTEST: ATTEST: NANCY ROMERO, CLERK By RACHELLE KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA FOR PROVED UNTY'6 U SE BY: , � 3l 0 11 EXHIBIT A SCOPE OF SERVICE COUNTY hereby agrees to operate and provide a broad range of animal control activities for the purpose of safeguarding its domestic and wild animals, promoting the humane treatment of animals, and for enforcing CITY Ordinances and State laws relating to animal control. 1. Enforcement of Requlations Enforce all provisions of CITY regulations pertaining to animals, including the issuing of warning notices or citations as appropriate for violation of said regulations in accordance with the powers and authority set forth in State law and CITY ordinances, including nuisance and noise violations. 2. Operatinq Hours and Field Services COUNTY shall assign one field service person per day in the performance of the functions specified in this paragraph. Routine field services will be performed during the regular working hours of 8:00 a.m. and 4:00 p.m., five (5) days a week. These hours may be adjusted by mutual agreement in writing between the COUNTY and CITY due to changing daylight hours or service conditions throughout the year. The field service activities include but are not necessarily limited to: routine patrols, rescues, investigation of cruelty complaints, court appearances, impoundment of dangerous, wild, injured or loose animals and removal of dead animals. COUNTY shall assign employees, as necessary, to duty at all times to meet the specified field service levels and animal care standards of this MOU. 3. Prioritv of Calls Field service personnel shall respond to prioriry/emergency calls for service within twenty (20) minutes during normal field service hours. If there are conflicts created by the volume of calls, field service personnel shall respond in accordance with the 1 of 8 priorities listed in A and B below. A good faith effort shall be made to respond to all service calls within the same day. Late-in-the-day non-emergency calls may be handled the following day. A. Emeraencv Resqonse Durinq Regular Business Hours: 1. Police Department Assist. 2. Dangerous or suspicious animal endangering the health or safety of the community. 3. Sick or injured animals - life threatening to humans by animals. 4. Humane investigations — life threatening to animals. 5. Large domestic animal at large. B. Routine Calls During Reaular Business Hours: 1. Stray, confined or loose animals. 2. Animal quarantine and release. 3. Leash law and nuisance complaints. 4. License inspections. 5. Owner turn-in of animals. 6. Animal related calls not listed above. 4. "After Hour" Emerqencv Response COUNTY will provide field service personnel on call for emergency response before and after regularly scheduled hours to capture vicious animals and to pick up injured animals. Such emergency service will be provided twenry-four (24) hours per day, seven (7) days a week through on-call personnel. If response is being made to a prior emergency when notice of a new emergency is received, COUNTY shall respond to the new emergency after the cessation of the prior emergency. Emergency "after hour" responses are further described below: A. Police Department request to impound animals on arrest of owner(s). 2 of 8 B. Dangerous or suspicious animal endangering health or safery of the community. C. Sick or injured stray animals. D. Humane investigations — life threatening to animals and/or life threatening to humans by animals. E. Large domestic animal at large. F. Removal of live animals creating a hazard, from public property. 5. Trappinq Provide advice and assistance in setting a humane trap for an animal at large or a wild animal on public or private property, utilizing a CITY or COUNTY trap or the resident's private trap. COUNTY shall not be required to move belongings or maintain on-premises surveillance, unless in the opinion of the Director of Animal Services or the responding Animal Control Officer there is a direct, clear and present danger to human life. COUNTY will provide traps for the above mentioned purposes to CITY residents and/or the CITY may purchase traps for the above mentioned purposes to be used only for CITY residents. Traps will be available to CITY residents on a first come, first served basis. COUNTY will provide CITY residents with traps at no charge and will bill the CITY monthly for trap rental at the cost of twenty dollars ($20.00) per week and two dollars ($2.00) for each additional day. Billing for said trap service will be submitted to the CITY monthly in arrears. COUNTY is not required to provide vector control services under the provisions of this contract. 6. Shelter Care and Disposition Services All shelter care and disposition services, as listed below, shall be conducted at the County/Ciry Animal Campus located at 72-050 Pet Land Place, Thousand Palms, California. Impound, care, quarantine and disposal of domestic, wild and vicious animals will be provided as follows: A. Holding Period — Except for acutely injured or diseased animals, COUNTY shall 3of8 hold all owner turned-in and stray animals in accordance with State Law. B. Adoqtion/Redemption Services — COUNTY shall provide animal adoption and redemption services for animals during normal business hours except when personnel are required to provide field services and volunteers are not available. Business hours open to the public are Monday through Friday from 10:00 a.m. to 7:00 p.m. and Saturday 10:00 a.m. - 3:00 p.m. C. Euthanasia Services — Provide humane euthanasia to acutely sick and injured animals and other animals that are not suitable for adoption after the holding period has expired. Euthanasia will be accomplished in a humane manner by injection of a painless, fast-acting drug. Euthanasia will be performed by certified staff members. D. Missina Animals — File a report with the approved law enforcement agency within twenty-four (24) hours if an impounded animal in the custody of the COUNTY at the animal shelter is missing or suspected to have been stolen. E. Animal Disqosal — County shall prohibit any animal, whether dead or alive, which has been impounded, in custody, or in quarantine at the shelter, to be given away, disposed of, traded, sold or in any manner given over t� another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable laws. 7. Collection of Fees. Revenues and Donations The COUNTY shall collect all revenues, fees and donations. All fees collected shall belong to the COUNTY unless otherwise stated in this MOU. All fines and forfeitures received by the CITY shall belong to the CITY. Donations received 4 of 8 become the property of the COUNTY and will be used for the treatment and care of all animals impounded. All fees collected by the COUNTY will be applied by the COUNTY to offset the costs incurred to conduct animal control services within the CITY. The COUNTY shall maintain and keep records of all expenditures and obligations incurred pursuant to this contract and all income and fees received thereby according to generally recognized accounting principles on a daily, weekly and monthly basis. Fees may be charged, as set by resolution of the CITY, for the following services: A. Dog Licenses — The COUNTY will be the duly appointed agent to collect all fees related to the CITY'S animal control licensing program. The COUNTY will sell dog licenses at the animal shelter and in the field, provide for license renewal by mail and provide and service a license renewal base at Palm Desert CITY Hall. All dog license fees collected, with the exception of a $5.85 administrative fee, shall be returned to the CITY on a monthly basis following the month that they were collected. An accounting report showing the amount of licensing fees collected will be provided to the CITY on a monthly basis to keep an accurate account balance. B. Sqav/Neuter Deposits — In accordance with the Food and Agriculture Code, Sections 30503 and 31751, the COUNTY shall spay or neuter every dog and cat adopted from the animal shelter. Deposits will be held by the COUNTY and reimbursed directly to those who obtain valid releases within the allotted time. C. Rabies Vaccination Deqosit D. Imqound Fees 5of8 E. Kennels and Catteries F. Licenses and Penalties - Revenues may be collected by cash or check. Receipts shall be provided to all individuals making such payment. Copies of such receipts shall be recorded and inventoried, and such receipts numbered sequentially. 8. Veterinary Services COUNTY will utilize veterinary services for the care of impounded, injured and sick animals. 9. Local Vaccine Clinics COUNTY shall conduct two (2) vaccination clinics per year within CITY limits as determined by CITY staff. Each vaccination clinic will consist of one (1) Veterinary Surgeon, one (1) Registered Veterinary Technician, one (1) License Inspector and one (1) Office Assistant II for a total of six (6) hours of service (5 hours at the clinic and one (1) hour driving time). Additional vaccination clinics within CITY limits may be provided at said rate and upon mutual agreement between CITY and COUNTY. Cost of said clinics will be outlined in the annual budget (Exhibit C) for each Fiscal Year. 10.Shelter Maintenance The COUNTY agrees to operate the shelter in conformance with Humane Society of the United States standards. The CITY Manager or his designated representative shall have the right to inspect the shelter during normal shelter business hours. The shelter is to be maintained at all times in a clean and sanitary condition and assurance that the shelter is secure from unauthorized entry. 6 of 8 11.Educational Materials and Proqrams COUNTY will provide animal care and other information, literature and programs at no charge to the general public. Upon request of CITY Service Clubs and other organizations, such information shall be provided for a nominal fee not to exceed the amount of one hundred dollars ($100.00). Said fee will be used to cover any costs associated with the printing, development and distribution of said material. 12.Qualifications and Traininq for Animal Control Officer(s) and Animal Care Technician(s) Any persons employed by the COUNTY for performance of animal control services under this MOU are not employees of the CITY nor are they entitled to any of the rights and benefits associated with CITY employment. But, in the event and to the extent that COUNTY employees may legally require official CITY status or deputization in order to carry out their duties under this contract including enforcement of laws pertaining to animal control, the CITY hereby bestows upon them such limited official status. All COUNTY employees shall be fingerprinted and photographed, and a background check shall be made by the CITY upon request. Animal Control Officer and Animal Care Technician job descriptions shall be provided to CITY upon request. All Animal Control Officer and Animal Care Technicians must possess and hold the following licenses and certificates: A. California Driver's license. B. Animal Control Officers must be certified by the Commission on Peace Officer Standards and Training (POST) pursuant to Penal Code section 832. (PC832) 7of8 C. Attend twenty (20) hours of classroom training covering animal regulations, animal handling and animal care within six (6) months of employment. 8 of 8 EXHIBIT B ANIMAL SERVICES OPERATING PROCEDURES The purpose of these Animal Services Operating Procedures is to establish an open form of communication and an efficient and productive working relationship between the CITY and COUNTY. By accomplishing this objective, we will provide the highest attainable level of animal control services to the residents of Palm Desert. The general goal of the COUNTY is to obtain voluntary compliance and educate the public on CITY animal control issues related to Chapter 6.28 of the Palm Desert Municipal Code and enforce when necessary to improve the quality of life for both animals and humans within the CITY. The following criteria should be followed when working within the Palm Desert city limits: 1. The Animal Control Officer shall report to the Code Compliance Department on a regular basis to provide any relevant feedback that may have been discussed at their morning briefings. 2. The Animal Control Officer shall obtain the advice of the Code Compliance Manager, or designee, and any necessary direction as may be needed from time to time when handling delicate animal control issues within the CITY to ensure the highest quality of service is provided. 3. The Animal Control Officer shall notify the Code Compliance Manager, or designee, of any incident that may generate a negative feedback or require special attention at the City level to ensure that the highest level of customer services is provided. 4. The Animal Control Officer shall provide the CITY with a monthly activity report that clearly outlines all activity within the CITY in reference to service calls, dog bites, barking dog complaints, quarantines, notices and citations issued, animals impounded, leash law violations, loose dog violations, and any other animal control related incidents. Said report will be sent to the CITY beginning upon execution of contract. 5. The Animal Control Officer shall follow the procedures outlined in Chapter 6.28 of the Palm Desert Municipal Code while performing animal control enforcement within the CITY. Chapter 6.28 covers procedures on dog licensing, biting, impoundment, and offenses. 1 of 2 6. The Animal Control Officer shall follow the procedures outlined in the "Scope of Service" items 1 thru 12, attached as Exhibit A to the Memorandum of Understanding. 7. The COUNTY shall provide a drop box in the lobby of the Development Services Building that would allow citizens to drop-off fees for license renewals. The drop box shall be checked no less than twice a week to ensure the prompt issuance of licenses. 8. The COUNTY shall provide the citizens of Palm Desert with two (2) vaccination clinics per year as outlined in the "Scope of Service" item 9, attached as Exhibit A to the Memorandum of Understanding. 9. The Animal Control Officer assigned to the CITY shall provide a contact phone number or direct connect Nextel number to the CITY to ensure prompt communication between the CITY and said Animal Control Officer. 10.A11 court citations that are issued shall be turned in to the Code Compliance Division for filing with the court. The terms of these Operating Procedures are subject to revision and modification as needed to ensure and retain an effective policy that meets the needs of the CITY and its residences. 2of2 EXHIBIT 61 MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES AND CITY OF PALM DESERT EXHIBIT C FISCAL YEAR 2007/08 BUDGET See attached . EXHIBIT C County of Riverside, Community Health Agency Department of Animal Services (With carpool expense o�d animal control box) CITY OF PALM DESERT- FY07/08 Proposed Budget Field Services Personnel � �E 'Animal Control Officer Salary S33,972 Benefits S17,050 Worker's Compensation S 1,160 Sub-total Salaries/Benefits S52,182 "Stand-by Animal Control Officer Time: @10 hours/mo. x S47.00/hour x 12 mos. 55,640 Mileage: @.42/mile x 100 miles/mo. X 12 mos, S504 Sub-total Standby Expense 56,144 Total Personnei Ex ense -Field Senrices S58,326 Supplies and Other Charges Supplies and Other Charges S26,091 (Uniforms, communication equipment, hand tools, phormaceuticals,over head, etc.) Carpool Expense (fruck Lease/Maintenance) 56,970 Total Su lies/Other Char es - Field Services $33,061 Veterinary Services Charges Vaccine Clinic (2 times annually @ 5885.00 per clinic) 51,770 Total Veterina Services Char es: S1,770 Grand Total - Field Services S91,387 Comments: "Amounts are estimates and may change depending on actual use. as of 1/05/07 PMH