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HomeMy WebLinkAboutC31310 Fiscal Year 2011 / 2012 to 2014 / 2015 for Animal Shelter ServicesCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Approval of Contract No. C- 31310 in the amount of $296,173 over four fiscal years for animal shelter services with the Riverside County Community Health Agency, Department of Animal Services. SUBMITTED BY: Lauri Aylaian, Director of Community Development DATE: 27 October 2011 CONTENTS: Contract No. C- 31310 / Riverside County Contract No. 11-118 Recommendation By Minute Motion, that the City Council approve Contract No. C 31310 with the County of Riverside Community Health Agency Department of Animal Services for the provision of animal sheltering services from 16 January 2012 to 30 June 2015, and be subject to termination by either party with 180 days notice. The base contract amount for 16 January 2012 to 30 June 2012 is $45,580; and for each of fiscal years 2012/13 to 2014/15 it is $83,531. Executive Summary This action would continue through 30 June 2015 the contractual relationship under which Riverside County provides to Palm Desert animal shelter services at the Coachella Valley Animal Campus. Due to changes in the methodology for distributing costs between valley cities, the new contract amount will be considerably lower (40%) than the current contract amount. Background The City of Palm Desert joins with other Coachella Valley cities and Riverside County in sheltering lost, abandoned, and unwanted animals at the Coachella Valley Animal Campus, which is operated by Riverside County's Department of Animal Services. The animal campus first opened in January 2006, at which time a new contract for animal shelter services was commenced. The cost of that contract increased over time from $109,599 to $117,103; it will expire on 16 January 2012. Animal Shelter Service Contract 27 October 2011 Page 2 of 2 The animal campus facility has now been successfully operating for over five years, and the County has had the opportunity to track the costs of its operation and the services required by each jurisdiction. Consequently, they have restructured their rate schedule for each city based upon actual operating costs and the number of animals turned in from the particular city. Because Palm Desert has a high percentage of their animals licensed, many animals are returned to the proper owner without first having to be impounded at the shelter; this leads to a lower cost for shelter services. The outcome is that the rates under the new contract will be approximately 40% lower than the rates under the current contract. The rates will be adjusted each year of the contract according to the prior year impound rates for animals from Palm Desert. Environmental Review The Director of Community Development has determined that award of this contract is a Class 1 categorical exemption for the purposes of CEQA, and that no further review is necessary. Fiscal Analysis Money for the portion of this contract covering Fiscal Year 2011/12 has already been budgeted, and no additional appropriation is required. Funding for subsequent fiscal years (2012/13 through 2014/15), if available, will be appropriated with the annual budget. The contract also provides for termination by the City in the event that funding is no longer available to reimburse the County for services provided. Submitted by: Lauri Aylaian Director of Community Development Revi d by: Paul S. Gibson, Finance Director Wohlmuth, City Manager CITY C0IJNCM AC0N APPROVED nFNIFD RECEIVED OTHER MEETING DATE -�-1 , a-7-Zot AYES: �.i�►l� f Kt'rnr�r� . S�i�' NOES: Cl ABSENT: ABSTAIN: - VERIFIED BY: K-Cl I Yr) Original on File with City Clerk's Office G:\Planning\Lauri Aylaian\Staff Reports\2012 Animal Control Contract 10-27-11.doc COUNTY OF RIVERSIDE COMMUNITY HEALTH AGENCY 41 �— \Y 9, a9� FOR COUNTY USE ONLY COUNTY DEPT/DIVISION: Department of Animal Services CONTRACT NO. 11-118 RFP NO. ---- FUND: t0000 DEPARTMENT ID: 4200600200 PROJECT -GRANT: ACCOUNT: 773220 CLASS/LOCATION: 8602 CONTRACT AMOUNT: $296,173 PERIOD OF PERFORMANCE: January 16, 2012 through June 30, 2015 COUNTY CONTACT: Robert Miller (951) 358-7442 CONTRACTOR REPRESENTATIVE: John M. Wohlmuth (760) 346-0611 PROGRAM NAME: Animal Shelter Services This agreement is made and entered into by and between the County of Riverside, a political subdivision of the State of California, through its Community Health Agency, Department of Animal Services, hereinafter referred to as COUNTY, and City of Palm Desert, hereinafter referred to as CITY. WITNESSETH: WHEREAS, the CITY is desirous of contracting with COUNTY to provide a broad range of animal shelter services pursuant to this contract for the purpose of safeguarding the health and safety of the population of the City of Palm Desert, and the health and safety of its domestic animals for the purpose of promoting the humane treatment of animals; and WHEREAS, the CITY wishes to comply with state mandates regarding animal control; and WHEREAS, COUNTY has the personnel and experience to provide such animal shelter services and is willing to enter into a contract with CITY for the provision of such services subject to the terms and conditions and for the compensation as hereinafter set forth. NOW THEREFORE in consideration of the mutual promises, covenants and conditions hereinafter contained, the Parties hereto mutually agree as provided on pages Ithrough 5, Exhibit A consisting of 5 pages, and Exhibit B consisting of 1 page, attached hereto and incorporated herein. COUNTY CITY By By. Bob Buster, Chairman, Board of Supervisors Date B y Print Name ATTEST: Kecia Harper-Ihem, Clerk By Date 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. COUNTY OBLIGATIONS: 11-1 COUNTY shall provide all services as outlined and specified in EXHIBIT A, SCOPE OF ANIMAL SHELTER SERVICES attached hereto and by this reference incorporated herein 2. PERIOD OF PERFORMANCE: This Agreement shall be effective on January 16, 2012 through June 30, 2015, unless tenninated as specified in Section 7, TERMINATION. 3. COMPENSATION: In consideration of services provided by COUNTY pursuant to EXHIBIT A, COUNTY shal be entitled to receive payment as specified in EXHIBIT B, PAYMENT PROVISIONS, attached hereto and incorporated herein by this reference. 4. AVAILABILITY OF FUNDING: It is mutually agreed and understood that the obligation of the CITY is limited by and contingent upon the availability of CITY funds for the reimbursement of COUNTY's fees. In the event that such funds are not forthcoming for any reason, CITY shall immediately notify COUNTY in writing. COUNTY shall be entitled to reimbursement of costs for work perfonned, in accordance with EXHIBIT B. 5. HOLD HARMLESS/INDEMNIFICATION: 5.1 CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, 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 actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. 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 such action or claim or action based upon such alleged acts or omissions. 5.2 With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at its sole cost, have the right to use counsel of its 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 circumscribes CITY's indemnification to COUNTY as set forth herein. CITY's obligation to defend, 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 indemnify and hold harmless COUNTY shall be subject to COUNTY having giveftl-11 CITY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at CITY's expense, for the defense or settlement thereof. CITY's obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. 5.3 The specified insurance limits required in this Agreement shall in no way limit or circumscribe CITY's obligations to indemnify and hold harmless COUNTY herein from third party claims. 5.4 COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, governing bodies, elected and appointed officials, employees, agents and representatives from any liability whatsoever, based or asserted upon any negligent or willful misconduct of COUNTY its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance by COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. 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 respective directors, officers, governing body, elected and appointed officials, employees, agents and representatives in any claim or action based upon such negligent or omissions. 5.5 With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at its sole cost, 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. 5.6 The specified insurance limits required in this Agreement shall in no way limit or circumscribe COUNTY's obligations to indemnify and hold harmless the CITY herein from third party claims. 6. INSURANCE_ COUNTY agrees to maintain the following insurance coverage's during the tern of this Agreement: 6.1 Workers' Compensation: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY shall maintain Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. 6.2 Commercial General Liability: COUNTY shall maintain Commercial General Liability insurance coverage for claims which may arise from or out of COUNTY's performance under this Agreement. This coverage shall have a limit of liability not less than $1,000,000 per occurrence combined single limit. 6.3 Vehicle Liability: COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement. This coverage shall have a limit of liability of not less than $1,000,000 combined single limit. 6.4 General Insurance Provisions - All lines: 6.4.1 Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A: 8). 6.4.2 The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance. 6.4.3 COUNTY shall provide CITY with a properly executed Certificate(s) of Insurance naming the CITY as additionally insured. It is understood and agreed to by the parties here to that the COUNTY's insurance shall be construed as primary insurance, and the CITY's insurance and/or deductibles and/or self -insured retention's or self -insured programs shall not be construed as contributory. 7. TERMINATION: CITY and COUNTY reserve the right to tenninate this Agreement at any time, with or without cause, upon one hundred eighty (180) days advance written notice stating the extent and effective date of termination. 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 and COUNTY. COUNTY shall be entitled to compensation for all services rendered prior to termination and for any services authorized in writing by CITY thereafter. 8. FORCE MAJEURE; 8.1 In the event the COUNTY is unable to comply with any provision of this Agreement due to causes beyond their control such as acts of God, acts of war, civil disorders, or other similar acts, COUNTY will not be held liable to CITY for such failure to comply. 8.2 In the event CITY is unable to comply with any provision of this Agreement due to causes beyond their control such as acts of God, acts of war, civil disorders, or other 3 similar acts, CITY will not be held liable to COUNTY for such failure to comply. 11-11 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. ALTERATION; No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, as authorized by their respective governing bodies, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 10. SEVERABILITY: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 11. RECORDS: 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. Such records and/or animal control operations of COUNTY shall be open to inspection and audit by CITY or its authorized representative as is deemed necessary by the CITY Manager or the authorized representative of the CITY Manager upon reasonable notice to COUNTY. 12. NO THIRD PARTY BENEFICIARY: This contract between CITY and COUNTY is intended for the mutual benefit of the two signing parties only. No rights are created under this contract in favor of any third party or any party who is not a direct signatory to this contract. 13. NONDISCRIMINATION: During the performance of this contract, COUNTY agrees that it shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the Government Code of the State of California. Further, COUNTY agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this contract. 14. VENUE: Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this contract shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to any other county. In the event either party hereto shall bring suit to enforce any tenn 1 t-1 of this contract to recover any damages for and on account of the breach of any tenn or condition of this contract, it is mutually agreed that the prevailing party in such action shall recover all costs thereof including reasonable attorneys' fees to be set by the court in such action. 15. ASSIGNMENT: It is mutually understood and agreed that this contract shall be binding upon COUNTY and its successors. Neither this contract nor any part thereof nor any moneys due or to become due hereunder may be assigned by COUNTY without the prior written consent and approval of CITY. CITY and COUNTY hereby agree to the full performance of the covenants contained herein. 16. AMENDMENTS: Any amendments, including any supplements, to this contract shall be in writing and shall have the approval of the Board of Supervisors of COUNTY and the CITY Council. This is the entire contract for Animal Shelter Services and supersedes any prior written or oral contract inconsistent herewith. Any amendment will be presented to the City Manager prior to CITY Council approval. 17. NOTICES: All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted one day after their deposit in the United States mail, postage prepaid: COUNTY: Community Health Agency Procurement/Contracts Administration 4065 County Circle Drive Riverside, CA 92503 (951) 358-5097 CITY: City of Palm Desert City Manager 73 -5 10 Fred Waring Dr. Palm Desert, CA 92260 (760) 346-0611 Additional Copy COUNTY: Department of Animal Services Director of Animal Services 6851 Van Buren Boulevard Riverside, CA 92509 (951) 358-7442 or to such other address (es) as the parties may hereafter designate in writing. M to 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF PALM DESERT EXHIBIT A SCOPE OF ANIMAL SHELTER SERVICES The County of Riverside, hereinafter referred to as COUNTY, agrees to operate and provide the following Animal Shelter Services for the City of Palm Desert, hereinafter referred to as CITY: 1. Shelter Location: The COUNTY will house the CITY's animals at the Coachella Valley Animal Campus Shelter located at 72-050 Petland Place, Thousand Palms CA 92276 ("Shelter"), or at other shelter operated by the County of Riverside at County's discretion. The handling of these animals will comply with the terms of this contract. The county is responsible for the maintenance and operation of the shelter, and the care of the animals on a 24-hour basis. 2. Contract Performance: COUNTY's Director of Department of Animal Services, or appointed designee, shall meet as necessary to discuss contract performance with the CITY's City Manager or appointed designee. 3. Shelter Services: 3.1 Treatment of Animals: Adequate care and treatment of animals while in custody at the Shelter to ensure that animals impounded are provided with humane and appropriate levels of care including a clean environment, fresh water, adequate nutrition and appropriate medical care. 3.2 Spay and Neuter: Ensuring that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if adopted animal is unable to receive spaying or neutering due to a medical condition. In accordance with California Food and Agricultural Code Sections 30503 and 31751.3, if a veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from said adopter or purchaser and said deposit will be deposited into a segregated sub -fund, which will be maintained by the COUNTY. Such deposit will be fully refunded to the adopter or purchaser if proof of sterility is provided within 30 business days from the date of surgery, at which the deposit is forfeited in accordance with the CA Code 30503 and 31751. Accordingly spay and neuter deposits may only be used by the COUNTY for programs to spay or neuter dogs and cats. 3.3 Volunteer Pro;Jram: COUNTY shall maintain a program to provide for the participation of Volunteers in programs relating to animals. 3.4 Enforcement: COUNTY shall enforce all relevant provisions of County of Riverside Title 6, ANIMALS, and State law as may be applicable to animals housed, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 kept or maintained at the Shelter. 11-1 1 3.5 Incoming Animal Identification: Incoming animals shall be checked immediately for collar tag, and scanned for microchip by qualified Shelter staff within one hour o arrival to the Shelter. Shelter staff shall make all attempts to notify owners within twenty-four (24) hours of the animal impound by COUNTY. 3.6 Quarantine: COUNTY shall quarantine, as prescribed by law, all animals suspectec of being rabid, or involved in a bite investigation. 3.7 Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter. 3.8 Incoming Animal Examinations/Assessments: A cursory exam shall be perfonnec within twelve (12) hours, except after regular business hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessment will include the following: 3.8.1 A physical examination to detennine if a medical condition exists which requires a veterinarian's attention 3.8.2 Routine vaccinations and de -worming, as needed 3.8.3 External parasite treatment, as necessary 3.8.4 Document the animal's incoming weight 3.8.5 Scan for microchip identification 3.8.6 Establish unique identifier for the animal 3.8.7 Document any identifying features or abnormalities. The COUNTY shall properly document on an animal -by -animal basis that an examination/assessment is performed. 3.9 Behavioral Assessments: Behavioral Assessments of Shelter animals will be conducted in accordance with guidelines established by the Department of Animal Services. 3.10 Adoption: Animals identified as being available for adoption shall be placed in adoptable areas of the Shelter. 3.11 Community Adoption Partners: California Food & Agricultural Code, Sections 31108(b) and 31752(b) state any stray dog/cat "that is impounded pursuant to this division shall, prior to the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c) (3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal organization or adoption organization. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released." 3.12 Foster Care Placement: The COUNTY shall maintain a foster care placement program that assists the Shelter by improving animal care, giving certain animals a better chance of adoption, and lifting the spirits and morale of staff and volunteers. 3.13 Vicious Dogs: Any dog declared or determined to be vicious/dangerous and in 7 2 3 4 5 6 7 R 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 custody of the Shelter either under impoundment or quarantine shall be deemed 1 1-1 1 unsuitable for adoption and shall not be released except as required by law or at the Director's discretion. 3.14 Euthanasia: COUNTY shall provide humane euthanasia service as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by said animal's owner and is deemed to be not adoptable by COUNTY. Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption. Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal including the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found: method of euthanasia and reason for use of method. 3.15 Drug Enforcement Agency (DEA): Additionally, the COUNTY shall comply with all Drug Enforcement Agency (DEA) regulations regarding storage, record - keeping, inventory, use, and disposal of all controlled substances. 3.16 Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs. 3.17 Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary and other areas of the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter -related activities. Personnel employed at the Shelter in the performance of Shelter -related activities shall be designated as COUNTY employees and any and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY on behalf of CITY. 3.18 Holding Periods: COUNTY shall hold all stray impounded animals, not otherwise owner identifiable, for holding periods as required by law. 3.19 Missing Animals: COUNTY shall notify police immediately of any animal found to be missing from the Shelter that had previously been impounded and/or in protective custody. 3.20 Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access for the animals, to the extent possible. 3.21 Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY's policies and procedures in this area may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the following: Humane Society of the United Society of the United States, American Humane Association and American Veterinary Medical Association. 3.22 Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, R 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 78 materials, medication, pharmaceuticals, and equipment, including forms and repkirtA to perform all aspects of the Shelter Services program. 3.23 CITY Access: COUNTY shall provide access to the authorized representatives of CITY to the entire Shelter during nonnal business hours, and at such other times upon reasonable notice. 3.24 Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location when such animals cannot be cared for at the Shelter. Costs of housing any livestock or fowl, regardless of shelter location shall be charged to the owner of the animal, if known. If the animal's owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only then, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing where said expenses reach the amount of $5,000 or greater per incident. Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY. 3.25 Animal Disposal: 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 to 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. 3.26 Level of Service Provided: COUNTY shall provide Shelter Services as defined in this contract. COUNTY's policies and procedures for Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to the following: Humane Society of the United States, American Humane Association and American Veterinary Medical Association. 4. Compensation: 4.1 Compensation for Sheltering: Compensation for shelter services shall be based upon established rate for shelter service at specified primary shelter location and prior year impounds of dogs and cats. An annual rate shall be established based on these factors and payable monthly in 1/121h increments. Additional costs for large animal sheltering are incurred at $20 per animal per day for horses and cattle and $12 per animal per day for swine, goats and sheep in accordance with ordinance and will be billed based on actual sheltering on a monthly basis. 4.2 Compensation for Operations and Maintenance: Compensation for Operations and maintenance shall be based upon rate for shelter service at a specified primary shelter location and prior year impounds of dogs and cats. An annual rate shall be established based on these factors and payable monthly in 1/121h increments. 4.3 License Processing: Compensation for License processing shall be based upon actual licenses processed and licensing processing rate. License processing costs 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be billed monthly and total resulting compensation may vary from estimat4&1 i contract cost. 4.4 Outreach Activities: Daily flat rates for educational outreach and shot clinics will bf billed based on actual outreach days scheduled. Compensation accounts for full staff time to provide service for one day. The maximum time possible will be afforded for actual outreach activity; however actual outreach activity time will be reduced by travel and preparation time the day of the event. 5. Definitions: 5.1 "Shelter Services," as used in this contract shall include, but is not limited to, the 5.2 following activities: 5.1.1 Impoundment, admittance, receiving, care, custody and feeding of any and all stray domestic animals. Livestock, exotics and the impoundment of wildlife as may be delivered and/or received at the Shelter until an appropriate wildlife agency can be contacted and the wildlife then transfers into their custody. 5.1.2 Redemption, treatment, sale, adoption, and/or disposal of any and all animals. 5.1.3 Counseling and advising animal owners. 5.1.4 Individual identification and photographing of all newly impounded animals shall be posted on the Shelter website. 5.1.5 Ensuring that all dogs, four months and older, released from the Shelter to a resident of Riverside County are licensed and, if not licensed, to sell license to the owner or other person taking custody of each such dog. In accordance with COUNTY ordinances, require the micro -chipping of released animals at the owner's expense. 5.1.6 Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing those animals that are euthanized and the reasons for such euthanasia on an animal -by -animal basis. This log shall further state whether the animal was unhealthy and unsuitable for adoption. 5.1.7 Proper disposal of dead animals. 5.1.8 Care and maintenance of the Shelter facility, including land and buildings. "Care" includes, but is not limited to routine and capitol facility maintenance, plus providing a safe, temporary refuge for any animal impounded, and providing needed medical services for injured/sick animals or transfer of animal to the appropriate agency. "Adoptable Animal," shall mean those animals eight weeks of age or older that, at or subsequent to the time the animals are impounded or otherwise taken into possession,' have manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal's health in the future. Dogs declared as "vicious" under State and/or local laws and unadoptable. 10 l 5.3 "Treatable," shall mean an animal with a medical condition such as skin problenig, I I bad flea or skin infestations, a broken limb, abscess, or problems that may be treated 2 with appropriate resources, holding space, treatment and/or time. "Treatable" shall 3 also mean an animal with behavioral conditions that may be corrected with time and proper training, such as chasing animals/objects, food aggression, etc. 4 5.4 "Untreatable Animal," shall mean any animal that is irremediably suffering from a 5 serious illness or physical injury or behavioral condition and shall not be held for owner redemption or adoption. 6 7 // // 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF PALTVI DESERT EXHIBIT B PAYMENT PROVISIONS CITY shall pay to COUNTY on a monthly basis in arrears, with a monthly billing and accounting thereof by COUNTY to CITY those fees as established in the Department of Animal Services Amended Service Rate Study of March, 2011; relative to the services to be performed under this Agreement as follows: 1. Animal Sheltering Services: 1.1 Animal Sheltering Services: = $69,001/year Flat rate based on prior year impounds x $115/cat or dog sheltering rate. 1.2 Large Animal Sheltering of horses and cattle at $20 per animal per day of sheltering (additional cost billed on actual use). 1.3 Large Animal Sheltering swine, goats and sheep and $12 per animal per day of sheltering (additional cost billed on actual use) 1.4 Operational and Maintenance (O&M) Costs: $6,273/year. 1.5 Estimated License services: 1,411 x 5.85 = $8,257/year. The administrative handling fee to sell city dog licenses. Estimated total based on past experience. The scheduled compensation payable to COUNTY for all services as set forth in this agreement is two hundred ninety-six thousand one hundred seventy-three dollars ($296,173) for the period commencing January 16, 2012 through June 30, 2015. Service 11/12 12/13 13/14 14/15 Totals *Shelter Service $31,050 $69,001 $69,001 $69,001 $238,053 O & M Costs $6,273 $6,273 $6,273 $6,273 $25,092 **License Processing $8,257 $8,257 $8,257 $8,257 $33,028 Total $45,580 $83,531 $83,531 $83,531 $296,173 *Shelter Services for Fiscal Year 2011/2012 adjusted for contract expiration of January 15, 2012. This amount is in addition to amount due under current contract. The City will be provided with prior year impound rates by March 31" each year, contract rate will be adjusted for each year of contract by the following formula: Prior year dog/cat impounds x sheltering rate/impound. This formula establishes a fixed rate that will be payable in 1/12`h monthly increments. **License processing costs may fluctuate based on actual number of licenses processed. 12