2009/07/01 Riverside, County Animal Control Services Department ofAnimal Services
DEPARTMENT OF Robert Millet-, Director
VA'mNIMAL SERVICES
Riverside County Community Health Agency
August 18, 2009
Gary Thompson
29683 New Hub Drive, Suite C
Menifee, CA 92586
Re: Animal Services Contract#10-001
Dear Mr. Thompson,
Enclosed please find a fully executed copy of the new Field and Shelter contract
for animal services for your files. Should you have any questions, please do not
hesitate to contact me.
Sincer7
,
PaigG� M. Garnor
Administrative a ger
Department of Animal Services
DEPARTMENT OF ANIMAL SERVICES
5950 Wilderness Avenue, Riverside, CA 92504
(951) 358-7387 phone; (951) 358-7300 fax
COUNTY OF RIVERSIDE
COMMUNITY HEALTH AGENCY FOR COUNTY USE ONLY
COUNTY DEPT/DIVISION CONTRACT NO. RFP NO.
O * It/VF Animal Services 10-001 ----
%P FUND DEPARTMENT ID PROGRAM/PROJECT CLASS/LOCATION
p * 1 * Q 10000 4200600200 ---- 2296-
CONTRACT AMOUNT PERIOD OF PERFORMANCE
$393,221.75 July 1,2009 through June 30,2010
COUNTY CONTRACT
qg Robert Miller (951)358-7442
4y9, � 8,
CONTRACTOR REPRESENTATIVE
Gary Thompson(951) 672-6777
PROGRAM NAME
Animal Field and Shelter for City of Menifee
This contract is made and entered into this &k day of J v t v , 20_P3, 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 Menifee, a California
Charter City and Municipal Corporation of the State of California, hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS,the COUNTY currently provides Animal Field Services for the unincorporated
area of the County of Riverside, including the region knows as the Southwestern Valley;
WHEREAS,the COUNTY has the personnel and experience to provide such service 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; and
WHEREAS, the CITY and COUNTY wish to enter into this Agreement designating the COUNTY
as the Animal Field Services provider for the CITY, and Ramona Humane Society as the Animal Shelter
Services provider for the CITY, by providing a broad range of services to safeguard the health and safety of
the population of CITY and of its domestic animals, to promote the humane treatment of animals and to
stimulate public support for enforcement of CITY ordinances relating to animal control (collectively,
"Services").
Page I of 21
,� i JUL 212009
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
hereinafter contained,the Parties mutually agree as provided on pages 3 through 21, and
Exhibits A and B, attached hereto and incorporated herein, and execute this contract by their
authorized officers on the day and year written above.
COUNTY OF RIVERSIDE, CITY OF MENIFEE,
A political subdivision a municipal corporation
B B
Y Y
f
'rm Board of Supervisors Mayor
JEFF STONE
Attest: Clerk of the Board Attest
*iMLtt/-
KECIA HARPER-THEM City Clerk
Bate
Deputy
Approved as to Form: Approved as to Form:
BY BY EL4& QL t6 c
Depugy ounty( ouunsel ` City Attorney
Page 2 of 21
10-001
1 CONTRACT FOR ANIMAL CONTROL FIELD SERVICES
2 CITY OF MENIFEE
3
4 The Parties hereto mutually agree as follows:
5 1. Retention of County. City hereby retains County and County hereby agrees to
6 operate an animal control field services program for City within the corporate limits of
7
City for the compensation, and subject to the terms and conditions, as hereinafter set
8
forth.
9
2. Term. The initial term of this contract shall be from July 1, 2009 through June
10
30, 2010 and renewable for three (3) additional years through the annual renewal
11
process. Notwithstanding this renewal provision, the City may terminate all or part of
12
13 this contract upon 45 days written notice to the County and the County may terminate
14 all or part of this contract with the same 45 days written notice to the City provided that
15 each contain written notice stating the extent and effective date of termination. County
16 shall be entitled to compensation for all services rendered prior to and including the
17 termination date.
18 3. Definition of Field Services. The Animal Field Services to be provided by
19 County for City within the corporate limits of City shall include but not be limited to the
20 following activities:
21 (a) Field Service Assistance. Respond to all calls for field service assistance
22 pursuant to the priority of calls as described in Exhibit A, attached hereto
23 and incorporated herein by this reference.
24 (b) Impoundment. Impound all Animals picked up at large and collect such
25 impound fees as may be established from time to time by resolution of the
26
City Council.
27
28
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1 (c) Proper Care and Treatment. Provide care and treatment to any stray or
2 abandoned Animal in accordance with the provisions of Section 597.1,
3 597e, and 597f of the Penal Code of the State of California.
4 (d) Animal Bites. Investigate reported bites by Animals. County shall respond
5 in person to all reported bites by dogs or by suspected rabid or wild
6 Animals. As part of this response, County shall contact and interview the
bite victim (or the victim's parent(s) or guardian(s) in the case of a minor)
8
as part of the bite investigation procedure. Bite reports shall indicate who
9
reported the bite incident to County. County will also issue to City's
10
Community Development Director a copy of all animal bite reports within
11
one week of completion.
12
13 (e) Quarantine. Quarantine, as prescribed by State law and County
14 Ordinances as codified under Riverside County Code Title 6, or any
15 successor thereto (hereinafter referred to as "Riverside County Code Title
16 6") all Animals suspected to be rabid and/or that have bitten a person or
17 other animal. All such Animals shall receive proper veterinary care and
18 proper nutrition for their condition.
19 (f) Stray and Barking Animal Complaints. Respond to and process stray and
20 barking animal complaints as referenced in Riverside County Code Title 6,
21 section 6.08.160 "Stray and Barking Dogs".
22 (g) Dead Animals. Remove dead Animals from the public right-of-way except
23 in such cases where the Animal is on a state highway within City limits. In
24 such cases, County shall immediately (or as soon as reasonably
25 practicable) notify by telephone, facsimile, electronic mail transmission or
26
other means the State of California's Department of Transportation. .
27
(h) Trapping. Assist City residents in removal of domestic or wild Animals
28
from privately owned traps within twenty four (24) hours of being so
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1 notified. Depending upon trap availability, assist City residents in the
2 setting of, trapping and removal of domestic and wild Animals from public
3 and private property within seven (7) days.
4 (i) Return of Impounded Animals. Encourage the return of any lost/stray
5 Animal (impounded by field personnel) to the rightful owner in the field,
6 subject to the payment of impound fees.
Q) Traps. Advise and assist in setting a trap for an Animal at large or a wild
8
Animal on public or private property. County shall not be required to move
9
belongings or maintain on-premises surveillance, unless in the opinion of
10
the Director of Animal Services or the responding Animal Control Officer
11
12 there is a direct, clear and present danger to human life. County may
13 provide traps for the above-stated purposes with a rental fee to City
14 residents or the City may purchase traps for the above-mentioned
15 purposes to be used only for City residents. Traps will be available to City
16 residents on a first come, first served basis. County is not required to
17 provide vector control services under the provisions of this contract.
18 (k) Licenses for Dogs, Kennels and Catteries. County shall issue dog
19 licenses, licenses to operate dog kennels and catteries within City, subject
20 to approval of the City for land use and zoning requirements for said
21 facilities, and collect fees in connection therewith for dogs within City.
22 County shall provide its own forms and tags for such licenses. All fees for
23 licenses to operate dog kennels and catteries shall be retained by County.
24 All fees collected for dog licenses shall be accounted for by County, and
25 credited against the cost of the contract and reflected on each invoice for
26
services on a monthly basis, provided, however, that County shall retain
27
the sum of$5.85 for each dog license issued hereunder.
28
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1 County shall verify dog license status when responding to requests for
2 service or when responding to complaints about Animal behavior. The
3 Animal Control Officer, as part of said officer's regular animal control
4 duties as defined by, but not limited to, the terms of this contract, shall
5 conduct license inspection activities during animal control investigations
6 so as to ascertain the number of unlicensed dogs, to license such dogs
and to foster compliance with Riverside County Code Title 6. County shall
8
also provide an automated or manual verification system whereby owners
9
can verify the status of their Animal's license by telephone.
10
(1) Issuance of Warnings and Citations. Enforce all appropriate provisions of
11
Riverside County Code Title 6 including the issuance of warning notices or
12
13 citations as necessary for violations of the provisions of said Riverside
14 County Code Title 6 or State law.
15 (m) Service to Public. Provide service to the public on matters covered in this
16 contract consistent with established policies and procedures that promote
17 courteous and efficient service and good public relations. Other policies
18 and procedures notwithstanding, County, in processing any type of
19 complaint or request for service, will indicate to the caller that a response
20 can be expected as per Exhibit A. Should a second call be received after
21 the response time has lapsed (according to Exhibit A), the on-duty
22 supervisor will be notified and take appropriate action. In the event an in-
23 person response is appropriate to the specific situation, County shall make
24 such response within 24 hours. This provision shall be subordinate to
25 shorter time limits specified elsewhere in this contract, if applicable. A log
26 of such activities must be maintained on a call-by-call basis ("Log") and
27
made available to the City monthly. Log shall include:
28
1. Date and time of call
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1 2. Caller information
2 3. Description of request
3 4. Expected response time
4 5. Date/time of response
5 6. Outcome
6 (n) Complaints. The City and County shall designate a primary and alternate
7 contact person for the purpose of addressing complaints. As used herein,
8
"Complaint" shall mean any dissatisfaction or problem in the performance
9
of services under this contract. All complaints received by the City that
10
require a response from County shall be made by telephone and/or
11
electronic mail to the designated contact persons for the Parties. An
12
electronic mail response will be made by County within two (2) business
13
14 days as to the resolution or ongoing response on the matter. If a
15 response is not received within the time allotted, the City will forward a
16 request for response to County's Director of Animal Services and in turn
17 he/she will respond within two (2) business days. County may refer any
18 complaint to the City's Community Development Director as deemed
19 necessary. The County shall designate a person to assure prompt
20 reporting to the City in this regard.
21 4. Personnel. City hereby appoints the Director of Animal Services as the
22 Animal Control Director for City with all the powers, duties and obligations of Animal
23 Control Director as set forth in Riverside County Code Title 6 and under State law.
24 5. Hours of Service. Field service activities will be performed daily, based upon
25 the priority ranking described in Exhibit A. Any City requests involving imminent danger
26 to the public will be forwarded by telephone and by electronic mail directly to County's
27
Director or Deputy Director of Animal Services. All calls involving imminent danger
28
scenarios will be responded to within 60 minutes if reasonably possible, subject to
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I considerations involving the time of day, traffic conditions, or other uncontrollable
2 circumstances.
3 County shall provide a means for responding to calls for service that take
4 place during limited service periods (as defined below) which are of an emergency
5 nature pursuant to Exhibit A. Field service personnel shall be assigned to patrol and
6 other field service tasks as defined by County and City.
7
8
The following definitions of"regular service hours," "limited service" and
9 "holidays" are intended to identify the broad time frames during which specific levels of
10 service will be provided. "Regular Service Hours" shall be deemed to mean between the
11 hours of 7:30am and 5pm, Monday through Friday, holidays excepted. "Limited service"
12 is defined as providing essential services defined in Exhibit A of this contract from 5pm
13 to 7:30am, Monday through Friday, all day Saturday, Sunday and on holidays.
14 "Holidays" as herein shall be those as established by the County and the City. The
15 County shall answer all telephone calls for Field Services during phone center
16 operational hours. Calls shall be received by the County answering service after hours
17 and on holidays, as noted above. Calls answered by the answering service will be
18 handled on an emergency basis as outlined in Exhibit A. The dispatcher and/or clerical
19 support staff shall maintain a detailed record of all requests for service, both emergency
20 and routine, received during regular service hours and after regular service hours,
21 including time and date, when the calls were answered and the disposition of those
22
calls. Records of these calls shall be maintained for at least ninety (90) days. The City
23
and County agree that any incident reports to the County by residents or through
24
emergency services involving a dangerous, aggressive, wild, injured or sick animal
25
constitute an emergency and require immediate action by the County pursuant to this
26
27 contract. When the City Manager or designee of the City has reason to believe that an
28 Animal Control emergency exists consistent with the Priority of Field Services, attached
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1 hereto as Exhibit A, the City Manager or his/her designee shall notify the County and
2 request a prompt response.
3
Calls for service received after normal business hours that are not of an
4
emergent nature shall be answered by an answering service and referred to call back
5
on the next business day during phone center operational hours. These calls will then
6
be scheduled for response in accordance with the Priority of Field Services, set forth in
7
Exhibit A.
8
9 6. Shelter Care and Disposition Services. The County will house City's animals
10 at the Ramona Humane Society located at 690 Humane Way, San Jacinto, CA 92583
11 until the end of the Fiscal Year or such time as the San Jacinto Valley Animal Campus
12 is built and ready to shelter animals. At which time, the shelter portion of this agreement
13 will terminate and be replaced by an agreement to shelter animals at the San Jacinto
14 Valley Animal Campus, or another shelter service provider designated by City. City will
15 be responsible for engaging a new shelter service provider under separate contract if
16 the San Jacinto Valley Animal Campus is not designated. The handling of these animals
17
at Ramona Humane Society will comply with the terms of the contract between the
18
County of Riverside and Ramona Humane Society.
19
The County's expectations as they relate to the sheltering services provided by
20
Ramona Humane Society are as follows:
21
22 A. Ramona Humane Society shall be responsible for the maintenance and
23 operation of the Shelter and the care of the animals on a 24-hour basis.
24 The Animal Shelter shall be open to the public on the following minimum
25 basis: Monday through Thursday and Saturday, 8am to 5pm, Friday and
26 Sunday, 8am to 3:30pm. Hours of service provided to the public may be
27 changed by the Ramona Humane Society with thirty (30) days notice to
28 the City provided the hours of service to the public do not cause violation
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1 of State of California Food and Agricultural Code Section 31108, as
2 amended. Facilities may be closed to the public on holidays as prescribed
3 by County Ordinance 358, as amended.
4 B. Prevent and control the spread of disease among the animals housed at
5 the Shelter.
6 C. At least once daily, inspect and examine all animals in custody at the
7
Shelter to determine the presence of disease and/or injury and to apply
8
first aid to injured animals and treatment as necessary.
9
D. Keep and maintain accurate records of the receipt and disposition of all
10
I animals delivered to its custody and complete monthly reports of all
shelter activities.
12
13 E. Provide animal adoption and redemption services for animals during the
14 hours that the Shelter is open to the public.
15 1) Adhere to current Ordinances or state laws regarding the holding
16 (impoundment) period for animals will be adhered to.
17 2) Provide humane euthanasia of acutely sick and injured animals and for
18 other animals not suitable for adoption after expiration of the holding
19 period as determined by state laws or County ordinances as adopted
20 by the City. Euthanasia shall be performed by staff person(s) certified
21 by senior staff as having been trained and capable of performing these
22 procedures. Staff person(s) shall receive euthanasia certification, with
23 annual refresher training received thereafter.
24 F. All dogs and cats over the age of four (4) months and placed for adoption,
25 will be delivered to the new owner only after the animal has been
26
vaccinated, and has been spayed/neutered. These services shall be at the
27
owner's expense and shall be paid at the time of adoption.
28
G. Take in stray/owner turn-in animals.
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1 H. Hold stray and owner unidentifiable animals for a period as prescribed by
2 California Food and Agriculture Code 31108 and referencing California
3 Food and Agriculture Code 17006.
4 I. Insure that all dogs have valid rabies inoculations prior to issuance of a
5 license in accordance with law.
6 J. Maintain a complaint log regarding the disposition of all written and oral
7
complaints received by staff.
8
K. Animal disposal.
9
7. Veterinary Services. The City shall be responsible for the payment of
10
veterinarian fees incurred as a result of the enforcement of any humane enforcement
11
12 including, but not limited to the enforcement of Penal Code 597. All attempts will be
13 made to recover these funds from the animal owner; however, all unrecovered funds
14 shall be paid by the City and be added to the monthly billing. The City reserves the right
15 to attempt collection directly from the animal owner of any unrecovered funds that have
16 been billed and paid by the City.
17 8. Fee Schedule. City agrees to adopt the County fee schedule, as amended,
18 and gives County permission to offer payment plans or waive fees for City residents on
19 a case by case basis as approved by the Director or his/her designee. No payment plan
20 or waiver of fees shall be given for rabies vaccinations, animal licenses or State
21 mandated fees.
22 9. Contract Performance. County's Director of Animal Services or the
23 designated representative of said Director and City's City Manager or his/her designee
24 shall meet as necessary, to discuss contract performance.
25 City shall notify County in writing of any material failure to perform under the
26
terms of this contract and shall request County to correct such deficiencies within ten
27
(10) calendar days or such longer period as City deems reasonable under the
28
circumstances. A "material failure" shall be defined as the inability or unwillingness to
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1 perform the services outlined in this Agreement related to public health and safety or
2 required recordkeeping.
3 10.Monthly Reports. County shall furnish to the City Manager, or the designated
4 representative of the City Manager, monthly reports including invoices detailing field
5 services by the 25th day of the following month. The monthly reports shall contain the
6 following data for field services of the prior month:
(a) Number of dogs surrendered by owners in the field.
8
(b) Number of stray dogs impounded in the field.
9
(c) Number of dead dogs impounded in the field.
10
(d) Number of cats surrendered by owners in the field.
11
12 (e) Number of stray cats impounded in the field.
13 (f) Number of dead cats impounded in the field.
14 (g) Number of livestock, birds and other animals surrendered by owners in
15 the field.
16 (h) Number of livestock, birds and other animals impounded alive in the
17 field.
18 (i) Number of livestock, birds and other dead animals impounded in the
19 field.
20 These monthly reports shall provide a summary of the utilization of field
21 service employees' hours. Upon reasonable notice to County, City may inspect any
22 facility or records to verify the data contained in the reports.
23 11. Compensation. City and County agree that the costs for services provided
24 under this contract shall be based on the budgeted amount of the actual program costs
25 and expenses. Special or unanticipated costs shall be billed at the actual cost to
26
provide such services to City. The rate of apportionment of costs may be recalculated,
27
upward or downward at the end of the first fiscal year or earlier and readjusted as
28
necessary, with mutual consent by a written supplement to this contract.
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1 County shall submit a billing to City, on a monthly basis, for costs incurred
2 during the immediately preceding month and said billing shall include the hours of such
3 services provided, the nature of such services and the mileage incurred and City shall
4 pay County upon such billing and accounting.
5 The maximum amount payable by City to County under this Agreement for
6 the initial one year period shall not exceed $393,221 as outlined in Exhibit B.
Should the amount set above be insufficient to cover the expenses of the
s
Fiscal Year, County shall notify City at least sixty (60) days in advance. Upon such
9
notification, County shall discontinue services unless City provides written assurance
10
that funds are available to defray further expenses incurred by County.
11
For contract renewals, County shall provide to City as soon as possible, but
12
not later than March 15th, a fiscal budget commencing July 1 St of the following year.
13
14 12. Missing or Stolen Animals. County shall file a report with the Riverside
15 Sheriff's Department within 24 hours if an impounded Animal is missing or suspected to
16 have been stolen from an animal control vehicle or while in County custody. County
17 shall indicate on the police report the circumstances of the Animal's disappearance.
is 13. Personnel, Supplies and Equipment. County shall provide all personnel,
19 supplies, medications and pharmaceuticals, and equipment necessary for the efficient
20 and effective operation of the Animal Field Service program provided for herein,
21 including, but not limited to, Animal Control Officers, clerical staff, vehicles, license tags
22 and forms, citation forms, notices and all necessary envelopes and postage as
23 budgeted.
24 14.Training of Field Personnel. County, shall assign, train and supervise all field
25 service personnel assigned to the corporate limits of City to perform duties under this
26 contract. All personnel shall be trained, qualified and authorized to administer and/or
27
enforce all laws, rules and regulations; operate all necessary equipment, have the ability
2s
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1 to recognize animal breeds, diseases and injuries, and shall be competent to administer
2 first aid to animals in the field.
3 15.Provision of Vehicles and Radio Equipment. County shall provide, at City's
4 expense, two (2) animal control vehicles with the appropriate animal control boxes
5 mounted on the truck chassis and with an air conditioning unit mounted on the animal
6 control truck boxes for use by the City Animal Control Officers. The County shall equip,
fuel and maintain said vehicles. When vehicles reach 150,000 miles or are 5 years old,
8
whichever comes first, City and County shall make a good faith determination, based on
9
the condition of the vehicle(s), on whether replacement of the vehicle(s) are reasonably
10
necessary. If the vehicle(s) are determined by both parties to be in good working order,
11
the vehicles will remain in service and thereafter reviewed annually, or sooner if
12
13 necessary. The replacement cost of said vehicles shall be at City's expense, prorated
14 by the existing mileage and condition of vehicles at the time they are placed in service
15 under this contract. County shall provide and maintain the radios installed in all field
16 service vehicles and the equipment for dispatch.
17 16.Records. County shall maintain and keep records of all expenditures and
18 obligations incurred pursuant to this contract and all income and fees received thereby
19 according to generally recognized accounting principles. Such records shall be
20 maintained by County for a minimum of three (3) years. The records and/or animal
21 control operations of County shall be open to inspection and audit by City or its
22 authorized representative as is deemed necessary by the City Manager or the
23 authorized representative of the City Manager upon reasonable notice to County.
24 17.Indemnification. County shall defend, indemnify and hold harmless City, its
25 officers and employees, from any and all claims, demands and liability for damages for
26
personal injury or property damage suffered by reason of any act or omissions of
27
County or County's employees, agents or contractors, or by reason of any dangerous or
2s
defective condition caused or permitted by County or by County's employees, agents or
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1 contractors, which may arise out of, or be connected with, the performance by County o
2 its duties and obligations pursuant to this contract, excepting such matters as may arise
3 from the sole negligence or willful misconduct of City or its officers and employees.
4 Any payments, attorneys' fees, costs or expenses City incurs or makes to or
5 on behalf of any injured employee under its self-administered workers' compensation
6 program which arises out of or is the result of any such act or omission of County, its
employees, agents, contractors or subcontractors done or made in the performance of
8
its duties and obligations hereunder, is included as a loss, expense or cost for the
9
purposes of this paragraph.
10
City shall defend, indemnify and save harmless County, its officers and
11
employees, from any and all claims, demands and liability for damages for personal
12
13 injury or property damage suffered by reason of any act or omissions of City or City's
14 employees, agents or contractors (exclusive of County employees and volunteers under
15 this contract), or by reason of any dangerous or defective condition caused or permitted
16 by City or by City's employees, agents or contractors (exclusive of County employees
17 and volunteers under this contract), which may arise out of or be connected with the
18 performance by City of its duties and obligations pursuant to this contract, excepting
19 such matters as may arise from the sole negligence or willful misconduct of County or
20 its officers and employees.
21 Any payments, attorney fees, costs or expenses County incurs or makes to or
22 on behalf of any injured employee under its self-administered workers' compensation
23 program which arises out of or is the result of any such act or omission of City, its
24 employees, agents, contractors or subcontractors (exclusive of those County
25 employees and volunteers under this contract) done or made in the performance of its
26
duties and obligations hereunder, is included as a loss, expense or cost for the
27
purposes of this paragraph.
28
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1 The provisions of this Paragraph 16 shall survive the expiration or early
2 termination of this contract.
3 18.Insurance. County shall secure public liability and property damage insurance
4 or maintain self-insurance reserves as shall protect it from claims for damages for
5 personal injury, including accidental death, as well as from claims for property damage
6 which may arise from operations under this contract. Said insurance shall be maintained
in full force and effect during the term of this contract or renewals or extensions thereof.
8
Such policy of insurance or self-insurance shall be for not less than $1,000,000 per
9
occurrence, $2,000,000 aggregate for liability purposes. Additionally, County shall
10
maintain a policy of insurance or self-insurance which policy shall be for not less than
11
12 $1,000,000 combined single limit for injuries, including accidental death, to any person
13 and property damage arising for automobile usage. Any policy of insurance shall be
14 placed with a company authorized to do business in the State of California. Copies of all
15 policies or certificates of insurance or self-insurance shall be filed with City . Said
16 policies or certificates shall provide for thirty (30) days written notice to City prior to
17 reduction in coverage or cancellation.
18 The amounts of such insurance shall not be deemed a limitation of County's
19 agreement to save and hold City harmless and if City becomes liable for an amount in
20 excess of the insurance, County will save and hold City harmless from the whole
21 thereof.
22 City reserves the right to request County to increase the amounts of
23 insurance coverage described hereinabove, and to require any additional riders and
24 provisions in said policies or certificates as shall be considered necessary by the Risk
25 Manager or City Attorney, consistent with the terms and conditions of this contract. City
26 shall give notice of such request by no later than December 31 of any year, and County
27
shall comply with said increase or other change as of July 1 of the next fiscal year.
28
Nothing herein prohibits County from including the additional costs, if any, necessitated
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1 by City's request for increased insurance coverage in the estimated budget to be
2 submitted by March 15 following the notice from City.
3 19.Workers' Compensation. County shall provide insurance or be self-insured as
4 required by California law to protect said County from claims under the Workers'
5 Compensation Act. Upon execution of this contract, the County shall file with City either
6 a Certificate of Insurance showing that such insurance is in effect or that County is self-
7
insured for such coverage. Any certificate of insurance shall state that City will be given
8
ten (10) days prior written notice before modification or cancellation thereof.
9
20. Independent Contractor. County and the officers, employees and agents of
10
County, in the performance of this contract, shall act in an independent capacity and not
11
as officers or employees of City. County acknowledges and agrees that City has no
12
13 obligation to pay or withhold state or federal taxes or to provide workers' compensation
14 or unemployment insurance. As an independent contractor, County shall be
15 responsible for any and all taxes that apply to County as an employer.
16 21. No Third Party Beneficiary. This contract between City and County is
17 intended for the mutual benefit of the two signing Parties only. No rights are created
18 under this contract in favor of any third party or any party who is not a direct signatory to
19 this contract.
20 22. Notices. All notices, requests, consents, approvals or other communications
21 between the Parties in connection with this contract shall be deemed given if addressed
22 to the recipient party at its last known address and, with postage prepaid, deposited in
23 the United States mail. The current addresses of the Parties are as follows:
24 CitV County
25 City of Menifee County of Riverside
26
City Manager Director, Department of Animal Services
27
29714 Haun Road 5950 Wilderness Avenue
28
Menifee, CA 92586 Riverside, CA 92504
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1
2 Either party, upon notice to the other, may from time to time change its
3 mailing address.
4 23. Nondiscrimination. During the performance of this contract, County agrees
5 that it shall not discriminate on the grounds of race, religious creed, color, national
6 origin, ancestry, age, physical disability, mental disability, medical condition including
the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition
8
related thereto, marital status, sex or sexual orientation in the selection and retention of
9
employees and subcontractors and the procurement of materials and equipment, except
10
as provided in Section 12940 of the Government Code of the State of California.
11
Further, County agrees to conform to the requirements of the Americans with
12
13 Disabilities Act in the performance of this contract.
14 24. Venue. Any action at law or in equity brought by either of the Parties for the
15 purpose of enforcing a right or rights provided for by this contract shall be tried in a cou
16 of competent jurisdiction in the County of Riverside, State of California, and the Parties
17 hereby waive all provisions of law providing for a change of venue in such proceeding to
18 any other county.
19 25. Assignment. It is mutually understood and agreed that this contract shall be
20 binding upon County and its successors. Neither this contract nor any part thereof nor
21 any moneys due or to become due hereunder may be assigned by County without the
22 prior written consent and approval of City. City and County hereby agree to the full
23 performance of the covenants contained herein.
24 26. Amendments. Any amendments or supplements to this contract shall be in
25 writing and shall have the approval of the County Board of Supervisors and the City
26
Council. This is the entire agreement for field services and supersedes any prior written
27
or oral agreement inconsistent herewith. No waiver of any term or condition of this
28
agreement shall be a continuing waiver thereof.
18 of 21
I EXHIBIT A
2 PRIORITY OF FIELD SERVICES
3
4 DEFINITIONS: Services are those enforcement activities rendered by County
5 pursuant to the relevant sections of Riverside County Code Title 6 and related State
6 codes and are assembled for expediency into two categories: Emergency and Non-
Emergency. Priority Ranking refers to the order of priority with which a call will be
8
handled. All calls will go directly to the dispatcher or assigned clerical staff for relay to
9
the Animal Control Officer. If a call is "exceptional," as defined on page 3 of this Exhibit,
10
it will be referred to the Supervisor for evaluation and processing.
11
An Animal Control Officer will respond to animal medical emergencies and other
12
13 emergencies involving danger to humans within 30 minutes or less during regular
14 service hours, Monday through Friday, and within 60 minutes or less on Saturdays and
15 Sundays and after regular service hours and holidays. City acknowledges that response
16 time may be affected by traffic congestion or other hindering circumstances
17 uncontrollable by the County. Response time to non-emergency calls will be within 24
18 business hours.
19 A) Calls considered as Emergencies to be handled Without Delay during Field
20 Regular Working Hours, Monday through Friday; 7:30 a.m. to 5 p.m.
21
22 I. PRIORITY ONE RANKING:
23 1. Animals endangering health or safety of the community.
2. Aggressive stray animals at large on school grounds or playground.
24
3. Biting animals at large.
25
26 II. PRIORITY TWO RANKING:
27 1. Sick or injured stray animals.
28 2. Animals in distress.
1
3. Humane investigations — life threatening. (Depending on immediate
circumstance, priority 2 or 4)
2
3
III. PRIORITY THREE RANKING:
4 1. Police Department requests for service.
5
6 IV. PRIORITY FOUR RANKING:
7 1. Livestock or equine at-large.
8
9 V. PRIORITY FIVE RANKING:
10 1. Dead animals on public property (streets).
11
B) Calls Considered as Emergencies to be Handled Without Delay After Normal
12
Service Hours and Holidays.
13
14 1. Animal endangering health or safety of the community.
15 2. Police Department requests for emergency service.
16 3. Sick or injured stray animals.
17 4. Animals in distress.
18 5. Humane investigations — life threatening.
19
20 C) Calls Considered as Non-Emergency to be handled Within 24 Business Hours
21 During Regular Business Hours:
22
1. Pick up confined, healthy, stray-animals.
23
2. Dead animals on private property.
24 3. Animals being released from quarantine.
25 4. Leash law enforcement.
26 5. Nuisance animal investigations.
27 6. Permit investigations.
28
i Exceptions:
2 The Animal Control Director or the deputies of the Animal Control Director may, on a
3 case-by-case basis, authorize variations of priority when circumstances require. County
4 shall provide a written report within five (5) business days of making a determination
5 that a variation in priority was required. Qualifying incidents will be determined by the
6 responding officer.
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12
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1 EXHIBIT B
COUNTY OF RIVERSIDE
2
AND
3
CITY OF MENIFEE
4
5 FY09/10
6 PAYMENT PROVISIONS
7
8 CITY shall pay to COUNTY on a monthly basis in arrears, with a monthly billing and
9 accounting thereof by COUNTY to CITY, those fees relative to the services to be
10
performed under this Agreement as follows:
11
I. Field Services
12
13 (1) Two (2) Animal Control Officers —full time for a fee of$62.45/hour
14 (estimated 4,400 hours per year) $22,898.33/mo.
15 (See attached budget)
16
II. Shelter Services
17
18 (1) $39.04 per weaned live animal delivered to Ramona Humane Society by
19 COUNTY, its employees or agents, owner surrendered and stray delivered by
20 CITY residents. Such species identified under these fees include:
21 . Dogs and cats;
22
• Wild life such as skunks, opossums and foxes or any hawks, eagles or
23
24 Owls;
25 0 Reptiles such as snakes, turtles or lizards; and,
Rabbits and ferrets. No raccoons.
(2) The cost per other animals is as follows:
1 • $10.00 per fowl, which includes chickens, pigeons, ducks, geese and
2 doves;
3 . $5.00 per small animal, which includes rodents, mice, gerbils, guinea pigs,
4
hamsters and birds; and,
5
60 $15.00 per live newborn animals without mother or injured, requiring
7 immediate euthanasia.
8 (3) $75.00 per livestock impounded. In addition, a $15.00 per day maintenance fee
9 to be paid for the first fourteen (14) days of impoundment or until animal is
10
adopted or euthanized, whichever is less, for animals as defined in Riverside
11
12 County Ordinance 534, as amended. Livestock is defined as a horse, burro,
13 cow or pony. Animals become the property of Ramona Humane Society after
14 the seventh day of impoundment.
1s
(4) $60.00 per pig, sheep or goat impounded. In addition, a $12.00 per day
16
maintenance fee for the first fourteen (14) days of impoundment or until animal
17
18 is adopted or euthanized, whichever is less. Animals become the property of
19 Ramona Humane Society after the seventh day of impoundment.
20 (5) The sum of 15% of the total monthly rental expense as reimbursed for the
21
rental expense of euthanasia freezers incurred by CITY, which sum shall be
22
23 payable in arrears.
24 (6) A 5% Administration fee for the total sum of the monthly shelter expenditures
25 incurred by CITY, which sum shall be payable in arrears.
(See attached budget)
I The scheduled compensation payable to COUNTY for all services as set forth in this
2 agreement is three hundred ninety-three thousand, two hundred and twenty-one
3 dollars ($393,221) for the period commencing July 1, 2009 through June 30, 2010.
4 (See attached budget)
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7
8
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