2012/07/01 Animal Friends of the Valley Animal Control Services ANIMAL FIELD SERVICES AGREEMENT
BETWEEN THE CITY OF MENIFEE
AND ANIMAL FRIENDS OF THE VALLEY
THIS AGREEMENT is made and effective as of July 1, 2012, between the City of
Menifee, a municipal corporation ("City") and Animal Friends of the Valley, Inc. a California
nonprofit corporation ("Contractor").
WHEREAS the City desires CONTRACTOR to provide a full range of animal control
activities for the purpose of safeguarding the health and safety of the population of the City of
Menifee and the health and safety of its domestic animals, and for the purpose of promoting the
humane treatment of animals and the stimulation of public support for enforcement of City
ordinances relating to animal control; and
WHEREAS, CONTRACTOR has the ability to provide such services:
In consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM. This Agreement shall commence on July 1, 2012, and shall remain in
effect until June 30, 2014, unless sooner terminated pursuant to the provisions of this
Agreement.
2. SERVICES. Contractor shall perform the services and tasks described and set
forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor
shall complete the tasks according to the schedule of performance which is also set forth in
Exhibit A.
3. PERFORMANCE. Contractor shall at all times faithfully, competently and to the
best of its ability, experience, and talent, perform all tasks described herein to the sole
satisfaction of the City. Contractor shall employ, at a minimum, generally accepted standards
and practices utilized by persons engaged in providing similar services as are required of
Contractor hereunder in meeting its obligations under this Agreement.
4. ASSIGNMENT OF PERSONNEL. Consultant shall assign only competent
personnel to perform services pursuant to this Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the reassignment of any such
persons, Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
5. PAYMENT.
a. The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed $26,500.00 per month with
CONTRACTOR retaining license and citation fees. In no event this amount shall exceed
$318,000.00 annually for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless
such additional services are authorized in advance and in writing by the City Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner
as agreed to by City Manager and Contractor at the time City's written authorization is given to
Contractor for the performance of said services and pursuant to the hourly/other rates set out on
Exhibit B/C. The City Manager may approve additional work up to Ten Thousand Dollars and
No Cents ($10,000.00) annually pursuant to such rates. Any additional work in excess of this
amount shall be approved by the City Council.
c. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the tenth and twentieth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of
each invoice as to all non-disputed fees. If the City disputes any of contractor's fees it shall give
written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth
on the invoice.
Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.,
• The beginning and ending dates of the billing period;
• Number of licenses issued and fees applied to billed amount under contract
• Receipts for expenses to be reimbursed;
• The Consultant's signature.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, without cause, terminate this
Agreement, or any portion hereof, by serving upon the contractor at least forty-five (45) days
prior written notice. City may suspend performance under this Agreement upon 10 days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work
under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall
pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to
this Section, the Contractor will submit an invoice to the City pursuant to Section 4.
7. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor shall have (10) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In
the event that the Contractor fails to cure its default within such period of time, the City shall
have the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. DEFAULT OF CITY. If the Contractor determines that the City is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the City with
written notice of the default. The City shall have (10) days after service upon it of said notice in
2
which to cure the default by rendering a satisfactory performance. In the event that the City fails
to cure its default within such period of time, the Contractor shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or under this
Agreement.
9. OWNERSHIP OF DOCUMENTS.
a. Contractor shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Contractor shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts there from as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Contractor. With respect to computer files containing data generated for the
work, Contractor shall make available to the City, upon reasonable written request by the City,
the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
10. INDEMNIFICATION. Consultant shall indemnify, defend with counsel selected
by the City and hold harmless the City and its officials, officers, employees. agents and
authorized volunteers from and against any and all losses, liability, claims, suits, actions,
damages and causes of action arising out of any personal injury, bodily injury, loss of life or
damage to property, or any violation of any federal, state or municipal law, regulation or
ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or
omissions of Consultant or its employees, subcontractors or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property or violation of
law arises wholly from the negligence or willful misconduct of the City or its officers, employees,
agents or authorized volunteers and (2) the actions of Consultant or its employees,
subcontractors or agents have contributed in no part to the injury, loss of life, damage to
property, or violation of law. It is understood that the duty of Consultant to indemnify and hold
harmless includes the duty to defend as set forth in California Civil Code Section 2778. C
Acceptance by City of insurance certificates and endorsements required under this Agreement
does not relieve Consultant from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for
I
damages whether or not such insurance policies shall have been determined to apply. By
execution of this Agreement, Consultant acknowledges and agrees to the provisions of this
Section and that it is a material element of consideration.
11. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure the types and amounts of insurance
checked below and provide Certificates of Insurance, indicating that Consultant has obtained or
currently maintains insurance that meets the requirements of this section and which is
satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required
by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's compensation. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein
for the subcontractor(s) and provided evidence thereof to City. Verification of the required
insurance shall be submitted and made part of this Agreement prior to execution.
11.1 Workers' Compensation. Consultant shall, at its sole cost and expense,
maintain Statutory Workers' Compensation Insurance and Employer's Liability
Insurance for any and all persons employed directly or indirectly by Consultant. The
Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS
($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease
per employee, ONE MILLION DOLLARS ($1,000,000.00) disease per policy . In
the alternative, Consultant may rely on a self-insurance program to meet those
requirements, but only if the program of self-insurance complies fully with the
provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the Labor Code shall be solely in the discretion of
the Contract Administrator. The insurer, if insurance is provided, or the Consultant,
if a program of self-insurance is provided, shall waive all rights of subrogation
against the City and its officers, officials, employees, and authorized volunteers for
loss arising from work performed under this Agreement.
11.2 Commercial General Automobile Liability Insurance.
11.2.1 General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage, for risks associated with the work
contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00)
general aggregate, TWO MILLION DOLLARS ($2,000,000.00) products/completed
operations aggregate. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to the work to be performed under
this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under this
Agreement, including the use of hired, owned and non-owned automobiles.
11.2.2 Minimum scope of coverage. Commercial general coverage shall be at
least as broad as Insurance Services Office Commercial General Liability
occurrence form CG 0001 or GL 0002 (most recent editions) covering
comprehensive General Liability and Insurance Services Office form number GL
0404 covering Broad Form Comprehensive General Liability. Automobile coverage
shall be at least as broad as Insurance Services Office Automobile Liability form CA
0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the
coverage.
11.2.3Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident
basis, and not on a claims-made basis.
4
b. Any failure of Consultant to comply with reporting
provisions of the policy shall not affect coverage provided to City and its officers,
employees, agents, and volunteers.
11.3 All Policies Requirements.
11.3.1 Acceptability of insurers. All insurance required by this section
is to be placed with insurers with a Bests' rating of no less than
A:VII and admitted in California.
11.3.2 Verification of coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with Certificates of
Insurance, additional insured endorsement or policy language
granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements.
All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage
on its behalf. The Certificate of Insurance must include the
following reference: Animal Control Services. The name and
address for Additional Insured endorsements, Certificates of
Insurance and Notice of Cancellation is: City of Menifee, 29714
Haun Road, Menifee, CA 92586. The City must be endorsed as
an additional insured for liability arising out of ongoing and
completed operations by or on behalf of the Consultant.
11.3.3 Notice of Reduction in or Cancellation of Coverage. A certified
endorsement shall be attached to all insurance obtained pursuant
to this Agreement stating that coverage shall not be suspended,
voided, canceled or materially changed by either party, or reduced
in coverage or in limits, except after thirty (30) days' prior written
notice by certified, mail, return receipt requested, has been given
to the City. In the event that any coverage required by this section
is reduced, limited, cancelled, or materially affected in any other
manner, Consultant shall provide written notice to City at
Consultant's earliest possible opportunity and in no case later than
ten (10) working days after Consultant is notified of the change in
coverage.
11.3.4 Additional insured; primary insurance. City and its officers,
employees, agents, and authorized volunteers shall be covered as
additional insureds with respect to each of the following: liability
arising out of activities performed by or on behalf of Consultant,
including the insured's general supervision of Consultant; products
and completed operations of Consultant, as applicable; premises
owned, occupied, or used by Consultant; and automobiles owned,
leased, or used by the Consultant in the course of providing
services pursuant to this Agreement. The coverage shall contain
no special limitations on the scope of protection afforded to City or
its officers, employees, agents, or authorized volunteers. The
insurance provided to the City as an additional insured must apply
on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by the City.
Additional insured status shall continue for (1) year after delivery
of product(s).
i
5 4
A certified endorsement must be attached to all policies stating that
coverage is primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be called upon
to contribute to a loss under the coverage.
11.3.5 Deductibles and Self-insured Retentions. Consultant shall
obtain the written approval of City for the self-insured retentions
and deductibles before beginning any of the services or work
called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express
written authorization of Contract Administrator, Consultant may increase such deductibles or
self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense expenses that is
satisfactory in all respects to each of them.
11.3.6 Subcontractors. Consultant shall include all subcontractors as
insureds under its policies or shall furnish separate certificates
and certified endorsements for each subcontractor. All coverages
for subcontractors shall be subject to all of the requirements
stated herein.
11.3.7 Variation. Contract Administrator may approve in writing a
variation in the foregoing insurance requirements, upon a
determination that the coverage, scope, limits, and forms of such
insurance are either not commercially available, or that the City's
interests are otherwise fully protected.
11.4 Remedies. In addition to any other remedies City may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and within the
time herein required, City may, at its sole option, exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and
withhold any payment, until Consultant demonstrates compliance with the
requirements hereof; and/or
• Terminate this Agreement.
12 INDEMNIFICATION.
(a) Indemnification for Other than Professional Liability. Other than in the performance
of professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest,
6
defense costs, and expert witness fees), where the same arise out of, are a consequence of, or
are in any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable, including but not
limited to officers, agents, employees or sub-contractors of Consultant.
(b) The provisions of this section do not apply to claims occurring as a result of
City's sole or active negligence. The provisions of this section shall not release City from liability
arising from gross negligence or willful acts or omissions of City or any and all of its officials,
13. INDEPENDENT CONTRACTOR.
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES.
The Contractor shall keep itself informed of all local, State and Federal
ordinances, laws and regulations which in any manner affect those employed by it or in any
way affect the performance of its service pursuant to this Agreement. The Contractor shall at
all times observe and comply with all such ordinances, laws and regulations. The City, and its
officers and employees, shall not be liable at law or in equity occasioned by failure of the
Contractor to comply with this section.
15. RELEASE OF INFORMATION.
a. All information gained by Contractor in the performance of this Agreement
shall be considered confidential and shall not be released by Contractor without City's prior
written authorization. Contractor, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Contractor gives City notice of such court
order or subpoena.
b. Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Contractor and/or be present at any
deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Contractor. However, City's right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response.
7 v�
16. NOTICES. Any notices which either party may desire to give to the other party under
this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery
by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party
as set forth below or at any other address as that party may later designate by Notice. Notice
shall be effective upon delivery to the addresses specified below or on the third business day
following deposit with the document delivery service or United States Mail as provided above.
To City: City of Menifee
29714 Haun Rd.
Menifee, CA 92586
ATTN: City Manager
To Contractor:Animal Friends of the Valley
33751 Mission Trail
Wildomar, CA 92595
(951) 674-0618
ATTN: Willa Bagwell
17.ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon
termination of this Agreement, Contractor's sole compensation shall be payment for actual
services performed up to, and including, the date of termination or as may be otherwise agreed
to in writing between the City Council and the Contractor.
18. LICENSES. At all times during the term of this Agreement, Contractor shall have
in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
19. GOVERNING LAW. The City and Contractor understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with geographic jurisdiction over the City of Menifee. In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing party, as
determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation
expenses for the relief granted.
20. PROHIBITED INTEREST. No officer, or employee of the City of Menifee shall
have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or
employee of the City of Menifee has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-
contractors on this project. Contractor further agrees to notify the City in the event any such
interest is discovered whether or not such interest is prohibited by law or this Agreement.
21. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and upon
each party's own independent investigation of any and all facts such party deems material.
9 g
22. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Contractor warrants and represents that he or she has
the authority to execute this Agreement on behalf of the Contractor and has the authority to bind
Contractor to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
Attest: CITY OF ENIFEE
kELf �.
Kathy Bennett, City Clerk Jo V. Denver, Mayor
Approved to orm:
Jos ep� Fletcher, City Attorney
ANIMAL FRIENDS OF THE VALLEY
I
Kristine Anderson, President
9
EXHIBIT A
Scope of Services
1. Services To Be Provided. Contractor shall operate a complete animal control
program for the City consisting of field services and licensing. Animal Friends of the Valleys will
provide two Animal Control Officers and two fully equipped vehicles for the City of Menifee's
animals. Each Animal Control Officers will be serving the City of Menifee 8 hours per day, 5 days
per week, as well as emergency calls after hours, on week-ends and holidays.
In the conduct of this program, CONTRACTOR shall perform the following specific functions:
(a) Enforcement. Enforce all applicable provisions of the Menifee Municipal Codes
(Animal Control) as it exists on the date of this Agreement pertaining to animals, including
the issuing of warning notices or citations as necessary for violations of such Ordinances.
In the event the Municipal Code is amended and the amendments would substantially
alter the duties and responsibilities of CONTRACTOR under this Agreement, the parties
hereto agree to meet and in good faith renegotiate those terms and conditions of this
Agreement affected by such amendments.
(b) Impound. Impound all animals caught at large and collect all impound fees assessed
on behalf of the City; accept stray animals brought in by private citizens.
(c) Quarantine. Quarantine as prescribed by law all animals suspected to be rabid.
(d) Complaint Investigation & Resolution. Investigate and pursue action on complaints
and/or reports of potential violations of Municipal Code relating to animals, including
unnecessary noise, in accordance with such procedures adopted by the City; respond to
requests from the County Fire Department and contract law enforcement provider for
assistance with animal related situations.
(e) Dead Animals. Remove dead animals from the public right-of-way within City limits
and from other areas upon request.
(f) Potentially Dangerous/Vicious Animals. In accordance with the Menifee Municipal
Code, identify potentially dangerous and/or vicious animals and initiate the administrative
or legal process for their control.
(g)Trapping & Removal. Respond to requests for assistance in the trapping and removal
of domestic or wild animals, including coyotes and skunks, from public or private
property. CONTRACTOR will offer advice in setting a trap in any enclosed space and will
remove an animal caught in a trap, but shall not be required to move belongings, climb
trees, crawl under houses, or so forth, or to maintain on-premises surveillance unless in
the Officer's or his or her supervisor's opinion there is a direct, clear and present danger
to human life or injury. CONTRACTOR will provide traps but will not be required to
provide vector control. CONTRACTOR shall charge a fee for traps as set out in
CONTRACTORS Fee Schedule.
10
(h) Dog Licensing_
(i) CONTRACTOR shall implement a comprehensive licensing program including
conducting dog license inspections. Area-wide canvassing will be conducted as
part of the field service activity. CONTRACTOR shall administer the current
licensing provision of the Menifee Municipal Code.
(ii) Dog licenses shall be issued by mail, at the Animal Shelter, at AFV's
administrative office, at vaccination clinics and by Animal Control Officers in the
field. CONTRACTOR shall send renewal notices by mail to owners of currently
licensed dogs, and shall send an application for licensing when requested by
owners.
(iii) CONTRACTOR shall, at Contractor's expense, provide the forms and tags for
such licenses, and shall affix a professionally prepared sign at the Animal Shelter,
stating applicable fees for licensing for the City.
(iv) CONTRACTOR shall collect all license fees and penalties on behalf of the
City, issue receipts for all such fees collected and keep copies thereof.
CONTRACTOR shall retain $6.00 for each dog license sold.
(v) CONTRACTOR shall pursue collection and/or prosecution, if appropriate, to
recover any fraudulent, delinquent or worthless payment received as payment for
dog licenses issued, including penalties.
(vi) CONTRACTOR shall cancel any dog license issued for which invalid
payment was received, and give notice of such cancellation to the licensee.
(vii) CONTRACTOR shall maintain such records in such form as required by the
City's Director of Finance so as to provide for proper cash management and for
review and audit of the monies collected. CONTRACTOR shall furnish the City a
monthly report detailing the licensing activities.
(viii) CONTRACTOR shall bill the City for the balance owing for Animal Control
Services after crediting the amounts collected for license, penalty fees and
citation fines.
(i) Animal Bites. Investigate reported animal bites. CONTRACTOR may initially
receive animal bite reports by telephone, but also shall respond in person to all
reported bites by dogs or other suspected rabid or wild animals. CONTRACTOR
shall take appropriate steps consistent with the circumstances of each separate
incident to locate and quarantine the suspected animal(s) and/or assist the
complained and/or injured party or parties to trap the suspected animal(s).
(j) Disposition of Unclaimed Animals. After notice and hearing as required, provide
euthanasia service in a humane manner in accordance with procedures approved
by the City Manager for unlicensed animals held for five (5) days and licensed
animals held ten (10) days or more, if these animals are not reclaimed by their
owner and are deemed unsuitable by CONTRACTOR for adoption.
11
(k) Clinics. Make all necessary arrangements and conduct at least two (2) one-day
clinics for "at cost" rabies vaccinations and licensing of dogs each year which are
open to City residents.
(1) Field Services. Assign two field service officers appointed as Animal Control
Officers or Humane Officers. Routine field services will be provided as necessary
within the hours limitation of this Agreement. The number of hours per week
include, but are not necessarily limited to routine mobile patrols, investigative and
rescue time, court appearances and impoundment of dangerous, wild, injured or
loose animals. CONTRACTOR shall assign a sufficient number of field service
employees to duty at all times to meet the needs of this Agreement.
CONTRACTOR shall provide service of five (16) hours per day during such hours
as approved by the City Manager. Telephone service for members of the public
shall be not less than eight (8) hours per day on a schedule approved by the City
Manager. The Shelter shall be open from 10:00 a.m. to 4:00 p.m. Monday through
Saturday. Emergency response shall be available 24 hours per day; seven days
per week as described in subparagraph (m). CONTRACTOR shall advise fire and
law enforcement authorities serving the City of Menifee of the telephone numbers
to access its services and shall cooperate with such authorities in developing the
procedures necessary to provide after hours services.
(m) After-Hours. Provide a field service person on call after regular hours as
necessary to respond to emergency calls. The City and CONTRACTOR agree that
any incident reported to CONTRACTOR or City staff, through the fire or law
enforcement provider involving a dangerous, wild or stray injured animal,
constitutes an emergency and requires immediate action by CONTRACTOR.
When the City Manager or his or her designee has reason to believe that an
animal control emergency exists, the Manager or his or her designee shall notify
CONTRACTOR and request a prompt response. If CONTRACTOR fails to
respond to such request within a reasonable time or fails to respond at all, the City
shall request in writing that CONTRACTOR send to the City a written explanation
giving the reason(s) for the delay in responding or the failure to respond.
Contractor's written explanation shall be submitted to the City Manager within two
(2) working days from the date of the request for emergency service. This
Agreement and the provisions herein shall not be construed to limit the
interpretation of what constitutes an emergency and/or the need for a priority
response. The following examples are illustrative of the need for an immediate
response from CONTRACTOR.
(1) Requests to remove a wild, dangerous or injured animal or animals
from an inhabited place or vehicle;
(2) Reported animal bites involving loose animals; and,
i
(3) Livestock, fowl or game birds being attacked or killed by dogs or other
animals.
(n) Public Relations. Provide service to the public on matters covered in this
Agreement consistent with established policies and procedures that promote
courteous and efficient service and good public relations. Other policies and
V f
12
procedures notwithstanding, CONTRACTOR in processing any type of complaint
or request for service will indicate to the caller when a response can be expected
from CONTRACTOR and how CONTRACTOR will respond. In the event an in--
person response is appropriate to the specific situation, CONTRACTOR shall
make such response by the end of the following business day. This provision shall
be subordinate to shorter time limits specified elsewhere in this Agreement.
(o) Complaints Regarding Service. Cooperate with the City to resolve any and all
complaints filed with CONTRACTOR and/or the City pertaining to services
provided under this Agreement. The City shall submit to CONTRACTOR in writing
all complaints filed with the City concerning services provided by CONTRACTOR
under this Agreement. CONTRACTOR shall report monthly in writing to the City
the number of complaints received by CONTRACTOR directly or indirectly through
the City pertaining to quality of service(s) provided under this Agreement.
(p) Legal. Coordinate with City and City Attorney any inspection warrants
impounds or potential dangerous/vicious animal hearings or court actions.
(q) Records. Maintain and keep timely, complete and accurate records of the
receipt and disposition of all animals delivered into its custody.
(r) Communications Equipment. CONTRACTOR agrees to provide radio
equipment and frequency as necessary for effective performance of its obligations
hereunder and in order to provide law enforcement backup for its field personnel.
(s) Other Equipment. CONTRACTOR shall provide all vehicles and equipment
necessary for the performance of this Agreement and shall be responsible for
maintenance of such vehicles and equipment, including the installation and
removal of the paging or radio equipment described in Paragraph (q) of this
Section. CONTRACTOR shall be responsible for all costs relating to theft,
vandalism, or destruction of said equipment by fire, accident or intentional acts.
(t) Personnel & Supplies. CONTRACTOR shall provide all personnel, supplies, and
equipment necessary for the efficient and effective operation of the animal control
services and programs provided for herein, including, but not limited to Animal
Control Officers, Humane Officers, clerical staff, license tags and forms, citation
forms, notices and all necessary envelopes and postage. Animal Control
Officers/Humane Officers will complete the required animal control training
program, or its equivalent, and such other training as may be required by law, q
before being issued a badge and given the authority to perform Animal Control
duties. CONTRACTOR shall provide citations and door tags.
(u) Attendance at Meetings. Provide input and coordination on amendment of City
animal control fees and ordinances and shall attend City Council and other City
meetings as required or requested to do so.
2. Coordination. Contractor's Executive Director and the City Manager or their designee
shall meet as agreed to discuss Agreement performance.
13 I
3. Reporting.
(a) CONTRACTOR shall furnish the City monthly reports detailing field, licensing
and identification activities, including a summary of the utilization of field service
employees' hours required in Section 1 above and the records required by Section
1(P).
(b) CONTRACTOR shall maintain and keep records of all expenditures and
obligations incurred pursuant to this Agreement and all income and fees received
according to generally recognized accounting principles. Such records shall be
maintained by CONTRACTOR for a minimum of four (4) years following the
termination of this Agreement unless a lesser period is approved in writing by the
City Manager. The records and/or animal control operations of CONTRACTOR
shall be open to inspection and audit by the City or its authorized representative as
is deemed necessary by the City upon reasonable notice to CONTRACTOR.
CONTRACTOR shall provide the City a copy of Contractor's full Annual financial
statement immediately upon completion thereof, but in no case later than six (6)
months after the close of each fiscal year.
4. CONTRACTOR shall also implement the following programs on a continuing basis:
(a) Public School presentations
(b) Spay/neuter subsidy programs for low income persons (when funds are
available)
(c) Ordinance review and changes aimed at ending pet overpopulation
(d) Animal Rescue Plan for domestic animals during disaster
(e) State Humane Officer services
5. In addition, CONTRACTOR will consult with the City and on any policy/procedure that
affects Menifee animals, which shall be approved by the City Manager prior to
implementation.
I
i
I
i
14
EXHIBIT A
Scope of Services
1. Services To Be Provided. Contractor shall operate a complete animal control
program for the City consisting of field services and licensing. Animal Friends of the Valleys will
provide two Animal Control Officers and two fully equipped vehicles for the City of Menifee's
animals. Each Animal Control Officers will be serving the City of Menifee 8 hours per day, 5 days
per week, as well as emergency calls after hours, on week-ends and holidays.
In the conduct of this program, CONTRACTOR shall perform the following specific functions:
(a) Enforcement. Enforce all applicable provisions of the Menifee Municipal Codes
(Animal Control) as it exists on the date of this Agreement pertaining to animals, including
the issuing of warning notices or citations as necessary for violations of such Ordinances.
In the event the Municipal Code is amended and the amendments would substantially
alter the duties and responsibilities of CONTRACTOR under this Agreement, the parties
hereto agree to meet and in good faith renegotiate those terms and conditions of this
Agreement affected by such amendments.
(b) Impound. Impound all animals caught at large and collect all impound fees assessed
on behalf of the City; accept stray animals brought in by private citizens.
(c) Quarantine. Quarantine as prescribed by law all animals suspected to be rabid.
(d) Complaint Investigation & Resolution. Investigate and pursue action on complaints
and/or reports of potential violations of Municipal Code relating to animals, including
unnecessary noise, in accordance with such procedures adopted by the City; respond to
requests from the County Fire Department and contract law enforcement provider for
assistance with animal related situations.
(e) Dead Animals. Remove dead animals from the public right-of-way within City limits
and from other areas upon request.
(f) Potentially Dangerous/Vicious Animals. In accordance with the Menifee Municipal
Code, identify potentially dangerous and/or vicious animals and initiate the administrative
or legal process for their control.
(g)Trappinq & Removal. Respond to requests for assistance in the trapping and removal
of domestic or wild animals, including coyotes and skunks, from public or private
property. CONTRACTOR will offer advice in setting a trap in any enclosed space and will
remove an animal caught in a trap, but shall not be required to move belongings, climb
trees, crawl under houses, or so forth, or to maintain on-premises surveillance unless in
the Officer's or his or her supervisor's opinion there is a direct, clear and present danger
to human life or injury. CONTRACTOR will provide traps but will not be required to
provide vector control. CONTRACTOR shall charge a fee for traps as set out in
CONTRACTORS Fee Schedule.
i
in
(h) Dog Licensing.
(i) CONTRACTOR shall implement a comprehensive licensing program including
conducting dog license inspections. Area-wide canvassing will be conducted as
part of the field service activity. CONTRACTOR shall administer the current
licensing provision of the Menifee Municipal Code.
(ii) Dog licenses shall be issued by mail, at the Animal Shelter, at AFV's
administrative office, at vaccination clinics and by Animal Control Officers in the
field. CONTRACTOR shall send renewal notices by mail to owners of currently
licensed dogs, and shall send an application for licensing when requested by
owners.
(iii) CONTRACTOR shall, at Contractor's expense, provide the forms and tags for
such licenses, and shall affix a professionally prepared sign at the Animal Shelter,
stating applicable fees for licensing for the City.
(iv) CONTRACTOR shall collect all license fees and penalties on behalf of the
City, issue receipts for all such fees collected and keep copies thereof.
CONTRACTOR shall retain $6.00 for each dog license sold.
(v) CONTRACTOR shall pursue collection and/or prosecution, if appropriate, to
recover any fraudulent, delinquent or worthless payment received as payment for
dog licenses issued, including penalties.
(vi) CONTRACTOR shall cancel any dog license issued for which invalid
payment was received, and give notice of such cancellation to the licensee.
(vii) CONTRACTOR shall maintain such records in such form as required by the
City's Director of Finance so as to provide for proper cash management and for
review and audit of the monies collected. CONTRACTOR shall furnish the City a
monthly report detailing the licensing activities.
(viii) CONTRACTOR shall bill the City for the balance owing for Animal Control
Services after crediting the amounts collected for license, penalty fees and
citation fines.
(i) Animal Bites. Investigate reported animal bites. CONTRACTOR may initially
receive animal bite reports by telephone, but also shall respond in person to all
reported bites by dogs or other suspected rabid or wild animals. CONTRACTOR
shall take appropriate steps consistent with the circumstances of each separate
incident to locate and quarantine the suspected animal(s) and/or assist the
complained and/or injured party or parties to trap the suspected animal(s).
(j) Disposition of Unclaimed Animals. After notice and hearing as required, provide
euthanasia service in a humane manner in accordance with procedures approved
by the City Manager for unlicensed animals held for five (5) days and licensed
animals held ten (10) days or more, if these animals are not reclaimed by their
owner and are deemed unsuitable by CONTRACTOR for adoption.
(k) Clinics. Make all necessary arrangements and conduct at least two (2) one-day
clinics for "at cost" rabies vaccinations and licensing of dogs each year which are
open to City residents.
(1) Field Services. Assign two field service officers appointed as Animal Control
Officers or Humane Officers. Routine field services will be provided as necessary
within the hours limitation of this Agreement. The number of hours per week
include, but are not necessarily limited to routine mobile patrols, investigative and
rescue time, court appearances and impoundment of dangerous, wild, injured or
loose animals. CONTRACTOR shall assign a sufficient number of field service
employees to duty at all times to meet the needs of this Agreement.
CONTRACTOR shall provide service of five (16) hours per day during such hours
as approved by the City Manager. Telephone service for members of the public
shall be not less than eight (8) hours per day on a schedule approved by the City
Manager. The Shelter shall be open from 10:00 a.m. to 4:00 p.m. Monday through
Saturday. Emergency response shall be available 24 hours per day; seven days
per week as described in subparagraph (m). CONTRACTOR shall advise fire and
law enforcement authorities serving the City of Menifee of the telephone numbers
to access its services and shall cooperate with such authorities in developing the
procedures necessary to provide after hours services.
(m) After-Hours. Provide a field service person on call after regular hours as
necessary to respond to emergency calls. The City and CONTRACTOR agree that
any incident reported to CONTRACTOR or City staff, through the fire or law
enforcement provider involving a dangerous, wild or stray injured animal,
constitutes an emergency and requires immediate action by CONTRACTOR.
When the City Manager or his or her designee has reason to believe that an
animal control emergency exists, the Manager or his or her designee shall notify
CONTRACTOR and request a prompt response. If CONTRACTOR fails to
respond to such request within a reasonable time or fails to respond at all, the City
shall request in writing that CONTRACTOR send to the City a written explanation
giving the reason(s) for the delay in responding or the failure to respond.
Contractor's written explanation shall be submitted to the City Manager within two
(2) working days from the date of the request for emergency service. This
Agreement and the provisions herein shall not be construed to limit the
interpretation of what constitutes an emergency and/or the need for a priority
response. The following examples are illustrative of the need for an immediate
response from CONTRACTOR.
(1) Requests to remove a wild, dangerous or injured animal or animals
from an inhabited place or vehicle;
(2) Reported animal bites involving loose animals; and,
(3) Livestock, fowl or game birds being attacked or killed by dogs or other
animals.
(n) Public Relations. Provide service to the public on matters covered in this
Agreement consistent with established policies and procedures that promote
courteous and efficient service and good public relations. Other policies and
U
procedures notwithstanding, CONTRACTOR in processing any type of complaint
or request for service will indicate to the caller when a response can be expected
from CONTRACTOR and how CONTRACTOR will respond. In the event an in--
person response is appropriate to the specific situation, CONTRACTOR shall
make such response by the end of the following business day. This provision shall
be subordinate to shorter time limits specified elsewhere in this Agreement.
(o) Complaints Regarding Service. Cooperate with the City to resolve any and all
complaints filed with CONTRACTOR and/or the City pertaining to services
provided under this Agreement. The City shall submit to CONTRACTOR in writing
all complaints filed with the City concerning services provided by CONTRACTOR
under this Agreement. CONTRACTOR shall report monthly in writing to the City
the number of complaints received by CONTRACTOR directly or indirectly through
the City pertaining to quality of service(s) provided under this Agreement.
(p) Legal. Coordinate with City and City Attorney any inspection warrants
impounds or potential dangerous/vicious animal hearings or court actions.
(q) Records. Maintain and keep timely, complete and accurate records of the
receipt and disposition of all animals delivered into its custody.
(r) Communications Equipment. CONTRACTOR agrees to provide radio
equipment and frequency as necessary for effective performance of its obligations
hereunder and in order to provide law enforcement backup for its field personnel.
(s) Other Equipment. CONTRACTOR shall provide all vehicles and equipment
necessary for the performance of this Agreement and shall be responsible for
maintenance of such vehicles and equipment, including the installation and
removal of the paging or radio equipment described in Paragraph (q) of this
Section. CONTRACTOR shall be responsible for all costs relating to theft,
vandalism, or destruction of said equipment by fire, accident or intentional acts.
(t) Personnel & Supplies. CONTRACTOR shall provide all personnel, supplies, and
equipment necessary for the efficient and effective operation of the animal control
services and programs provided for herein, including, but not limited to Animal
Control Officers, Humane Officers, clerical staff, license tags and forms, citation
forms, notices and all necessary envelopes and postage. Animal Control
Officers/Humane Officers will complete the required animal control training
program, or its equivalent, and such other training as may be required by law,
before being issued a badge and given the authority to perform Animal Control
duties. CONTRACTOR shall provide citations and door tags.
(u) Attendance at Meetings. Provide input and coordination on amendment of City
animal control fees and ordinances and shall attend City Council and other City
meetings as required or requested to do so.
2. Coordination. Contractor's Executive Director and the City Manager or their designee
shall meet as agreed to discuss Agreement performance.
VI 9
3. Reporting.
(a) CONTRACTOR shall furnish the City monthly reports detailing field, licensing
and identification activities, including a summary of the utilization of field service
employees' hours required in Section 1 above and the records required by Section
1(P).
(b) CONTRACTOR shall maintain and keep records of all expenditures and
obligations incurred pursuant to this Agreement and all income and fees received
according to generally recognized accounting principles. Such records shall be
maintained by CONTRACTOR for a minimum of four (4) years following the
termination of this Agreement unless a lesser period is approved in writing by the
City Manager. The records and/or animal control operations of CONTRACTOR
shall be open to inspection and audit by the City or its authorized representative as
is deemed necessary by the City upon reasonable notice to CONTRACTOR.
CONTRACTOR shall provide the City a copy of Contractor's full Annual financial
statement immediately upon completion thereof, but in no case later than six (6)
months after the close of each fiscal year.
4. CONTRACTOR shall also implement the following programs on a continuing basis:
(a) Public School presentations
(b) Spay/neuter subsidy programs for low income persons (when funds are
available)
(c) Ordinance review and changes aimed at ending pet overpopulation
(d) Animal Rescue Plan for domestic animals during disaster
(e) State Humane Officer services
5. In addition, CONTRACTOR will consult with the City and on any policy/procedure that
affects Menifee animals, which shall be approved by the City Manager prior to
implementation.
p�
is
d"
EXHIBIT B
PAYMENT SCHEDULE
1. CONTRACTOR shall bill the city the balance owing of $26,500.00 per month after crediting
the amounts collected for license, penalty fees and citation fines. In no event this amount
shall exceed $318,000.00 for the term of the Agreement.
2. Contractor shall charge License Fees for dogs within the City as follows:
a. Altered dogs $8.00 for 1 year
b. Altered dogs $15.00 for 2 years
C. Altered dogs $19.00 for 3 years
d. Unaltered dogs $50.00 for 1 year
e. Unaltered dogs $100.00 for 2 years
f. Unaltered dogs $150.00 for 3 years
g. Senior Citizen's dogs-altered $6.00 for 1 year (60 yrs. plus)
h. Senior Citizen's dogs-altered $7.00 for 2 years (60 yrs. plus)
i. Senior Citizen's dogs-altered $8.00 for 3 years (60 yrs. plus)
j. Late penalty of$20.00 per license
k. Senior Citizen's Late Penalty-altered dog $15.00 (60 yrs. plus)
n