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2014/07/16 Riverside, County Dept of Animal Shelter Services COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES FOR COUNTY USE ONLY COUNTY DEPT/DIVISION: CONTRACT NO. RFP N0. ��A O * R/ VF Animal Services 14-011 ---- J ( FUND: DEPARTMENT ID: PROJECT-GRANT: ACCOUNT: O 7k * p 10000 420-060-1300 HS600036 773210 ! r CLASS/LOCATION: — CONTRACT AMOUNT: $505,962 7f * PERIOD OF PERFORMANCE: July I, 2014 through June 30,2017 3 q Y q ► 89 COUNTY CONTACT: CONTRACTOR REPRESENTATIVE: Robert Miller(951) 358-7442 Robert Johnson(951) 672-6777 PROGRAM NAME: Animal Shelter Services This agreement is made and entered into by and between the County of Riverside, a political subdivision of the State of California, through its Department of Animal Services, hereinafter referred to as COUNTY, and City of Menifee,hereinafter referred to as CITY. WITNESSETH: WHEREAS,the CITY is desirous of contracting with COUNTY to provide a broad range of animal shelter services pursuant to this contract for the purpose of safeguarding the health and safety of the population of the City of Menifee, and the health and safety of its domestic animals for the purpose of promoting the humane treatment of animals; and WHEREAS,the CITY wishes to comply with state mandates regarding animal control; and WHEREAS, COUNTY has the personnel and experience to provide such animal shelter services and is willing to enter into a contract with CITY for the provision of such services subject to the terms and conditions and for the compensation as hereinafter set forth. NOW THEREFORE in consideration of the mutual promises, covenants and conditions hereinafter contained, the Parties hereto mutually agree as provided on pages Ithrough 5,Exhibit A consisting of 5 pages, Exhibit B consisting of consisting of I page, attached hereto and incorporated herein. COUNTY CI By .'� 'R By �- Jeff Sto e,jairMh, oard of Supervisors Date SEP 092014 By 5colt 14. (YI�L..n Print Name ATE T: Kecia Harper-]hem, Clerk B Date__ FORM OVED COUNTY COUNSEL BY: 5 ALEXANLOA FONG DATE SEP 092014 1 1. COUNTY OBLIGATIONS: 14-011 2 COUNTY shall provide all services as outlined and specified in Exhibit A, Scope of Animal Shelter Services attached hereto and by this reference 3 incorporated herein. 4 2. PERIOD OF PERFORMANCE: 5 The Animal Shelter Services as referenced in Exhibit A of this Agreement shall be effective on July 1, 2014 through June 30, 2017,unless terminated as specified in Section 7, 6 Termination. 7 3. COMPENSATION: s In consideration of services provided by COUNTY pursuant to Exhibit A, COUNTY shall be entitled to receive payment as specified in Exhibit B, Payment Provisions attached hereto 9 and incorporated herein by this reference. is 4. AVAILABILITY OF FUNDING: 11 It is mutually agreed and understood that the obligation of the CITY is limited by and contingent upon the availability of CITY funds for the reimbursement of COUNTY's fees. 12 In the event that such funds are not forthcoming for any reason, CITY shall immediately 13 notify COUNTY in writing. COUNTY shall be entitled to reimbursement of costs for work performed, in accordance with Exhibit B. 14 5. HOLD HARMLESSANDEMNIFICATION: 1$ 5.1 CITY shall indemnify and hold harmless the County of Riverside, its Agencies, 16 Districts, Special Districts and Departments,their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives 17 from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives 8 arising out of or in any way relating to this Agreement, including but not limited to 19 property damage,bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the actions by 20 CITY, its officers, agents,employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but 21 not limited to attorney fees, cost of investigation, defense and settlements or awards 22 of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors,elected and 23 appointed officials, employees, agents and representatives in any such action or claim 24 or action based upon such alleged acts or omissions. 5.2 With respect to any action or claim subject to indemnification herein by CITY, CITY 25 shall, at its sole cost,have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior 26 consent of COUNTY; provided, however,that any such adjustment, settlement 27 or compromise in no manner whatsoever limits or circumscribes CITY's indemnification to COUNTY as set forth herein. CITY's obligation to defend, 28 indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at CITY's expense, for the defense or settlement thereof. 14-011 CITY's obligation hereunder shall be satisfied when CITY has provided to COUNTY 2 the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. 3 5.3 The specified insurance limits required in this Agreement shall in no way limit or circumscribe CITY's obligations to indemnify and hold harmless COUNTY herein 4 from third party claims. 5 5.4 COUNTY shall indemnify and hold harmless the CITY, its Agencies,Districts, Special Districts and Departments,their respective directors, officers, governing 6 bodies, elected and appointed officials, employees, agents and representatives from 7 any liability whatsoever,based or asserted upon any negligent or willful misconduct of COUNTY its officers, employees, subcontractors, agents or representatives arising s out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever 9 arising from the performance by COUNTY,its officers, agents, employees,. 10 subcontractors, agents or representatives of this Agreement. COUNTY shall defend at its sole expense, all costs and fees including but not limited to attorney fees, cost of 11 investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the CITY, their respective directors, officers, governing 12 body, elected and appointed officials, employees, agents and representatives in any 13 claim or action based upon such negligent or omissions. 5.5 With respect to any action or claim subject to indemnification herein by COUNTY, 14 COUNTY shall, at its sole cost,have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY provided,however,that any 15 such adjustment, settlement or compromise in no manner whatsoever limits or 16 circumscribes COUNTY's indemnification to CITY as set forth herein. COUNTY's obligation to defend, indemnify and hold harmless CITY shall be subject to CITY 17 having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information is and reasonable assistance, at COUNTY's expense, for the defense or settlement 19 thereof. COUNTY's obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability 20 for the action or claim involved. 5.6 The specified insurance limits required in this Agreement shall in no way limit or z1 circumscribe COUNTY's obligations to indemnify and hold harmless the CITY 22 herein from third party claims. 23 6. INSURANCE: COUNTY agrees to maintain the following insurance coverage's 24 during the term of this Agreement: 6.1 Workers' Compensation: 25 COUNTY shall maintain Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' 26 Liability (Coverage B) including Occupational Disease with limits not less than 27 $1,000,000 per person per accident. 6.2 Commercial General Liability: 28 COUNTY shall maintain Commercial General Liability insurance coverage for claims which may arise from or out of COUNTY's performance under this Agreement. This coverage shall have a limit of liability not less than $1,000,000 per occurrence 2 combined single limit. 14-011 6.3 Vehicle Liability: 2 COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement. This coverage shall have a limit of 3 liability of not less than$1,000,000 combined single limit. 4 6.4 General Insurance Provisions -All lines: 6.4.1 Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8). 6 6.4.2 The insurance requirements contained in this Agreement may be met with 7 a program(s) of self-insurance. 8 7. TERMINATION: CITY and COUNTY reserve the right to terminate this Agreement at any time,with or 9 without cause, upon one hundred eighty (180) days advance written notice stating the 10 extent and effective date of termination. Upon receipt of any notice of termination from CITY, COUNTY shall immediately cease all services hereunder except such as I 1 may be specifically approved in writing by CITY and COUNTY. COUNTY shall be entitled to compensation for all services rendered prior to termination and for any services 12 authorized in writing by CITY thereafter. 13 8. FORCE MAJEURE: 14 8.1 In the event the COUNTY is unable to comply with any provision of this Agreement due to causes beyond their control such as acts of God, acts of war, civil disorders, or 1' other similar acts, COUNTY will not be held liable to CITY for such failure to comply. 16 8.2 In the event CITY is unable to comply with any provision of this Agreement due to causes beyond their control such as acts of God, acts of war, civil disorders, or other 17 similar acts, CITY will not be held liable to COUNTY for such failure to comply. 18 9. ALTERATION: 19 No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, as authorized by their respective governing bodies, 20 and no oral understanding or agreement not incorporated herein, shall be binding on any of 21 the parties hereto. 22 10. SEVERABILITY: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, 23 void or unenforceable,the remaining provisions will nevertheless continue in full force 24 without being impaired or invalidated in any way. 25 11. RECORDS: COUNTY shall maintain and keep records of all expenditures and obligations incurred 26 pursuant to this contract and all income and fees received thereby according to generally 27 recognized accounting principles. Such records and/or animal control operations of COUNTY shall be open to inspection and audit by CITY or its authorized representative 28 as is deemed necessary by the CITY Manager or the authorized representative of the CITY Manager upon reasonable notice to COUNTY. 3 12. NO THIRD PARTY BENEFICIARY: 14-011 This contract between CITY and COUNTY is intended for the mutual benefit of the two 2 signing parties only. No rights are created under this contract in favor of any third party or any party who is not a direct signatory to this contract. 3 4 13. NONDISCRIMINATION: During the performance of this contract, COUNTY agrees that it shall not discriminate 5 on the grounds of race,religious creed, color, national origin, ancestry, age,physical disability,mental disability,medical condition including the medical condition of 6 Acquired Immune Deficiency Syndrome(AIDS) or any condition related thereto, 7 marital status, sex or sexual orientation in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in s Section 12940 of the Government Code of the State of California. Further; COUNTY agrees to conform to the requirements of the Americans with Disabilities Act in the 9 performance of this contract. 10 14. VENUE: 11 Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this contract shall be tried in a court of 12 competent jurisdiction in the County of Riverside, State of California, and the parties 13 hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term 14 of this contract to recover any damages for and on account of the breach of any term or condition of this contract, it is mutually agreed that the prevailing party in such 15 action shall recover all costs thereof including reasonable attorneys' fees to be set by the 16 court in such action. 17 15. ASSIGNMENT: It is mutually understood and agreed that this contract shall be binding upon COUNTY 18 and its successors. Neither this contract nor any part thereof nor any moneys due or to 19 become due hereunder may be assigned by COUNTY without the prior written consent and approval of CITY. CITY and COUNTY hereby agree to the full performance of 20 the covenants contained herein. 21 16. AMENDMENTS: 22 Any amendments, including any supplements,to this contract shall be in writing and shall have the approval of the Board of Supervisors of COUNTY and the CITY 23 Council. This is the entire contract for Animal Shelter Services and supersedes any prior 24 written or oral contract inconsistent herewith. Any amendment will be presented to the City Manager prior to CITY Council approval. 25 17. NOTICES: 26 All correspondence and notices required or contemplated by this Agreement shall be 27 delivered to the respective parties at the addresses set forth below and are deemed submitted one day after their deposit in the United States mail, postage prepaid: 28 4 COUNTY: CITY: 14-011 1 Department of Animal Services City of Menifee 2 Director of Animal Services City Manager 6851 Van Buren Boulevard 29714 Hann Road 3 Jurupa Valley, CA 92509 Menifee, CA 92586 4 (951) 358-7442 (951) 672-6777 5 or to such other address (es) as the parties may hereafter designate in writing. 1111HH11 6 7 8 9 to t1 12 t3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 I CITY OF MENIFEE 14-011 EXHIBIT A 2 SCOPE OF ANIMAL SHELTER SERVICES 3 The County of Riverside, hereinafter referred to as COUNTY, agrees to operate and provide the 4 following Animal Shelter Services for the City of Menifee,hereinafter referred to as CITY: 5 1. Shelter Location: The COUNTY will house the CITY's animals at the San Jacinto Valley Animal Campus Shelter located at 581 S. Grand Avenue, San Jacinto, California, 92582 6 ("Shelter"), or at another shelter operated by the County of Riverside, at County's 7 discretion. The handling of these animals will comply with the terms of this contract. The county 8 is responsible for the maintenance and operation of the shelter, and the care of the animals on a 24-hour basis. 9 10 2. Contract Performance: COUNTY's Director of Department of Animal Services,or appointed designee, shall meet as necessary to discuss contract performance with the 11 CITY's City Manager or appointed designee. 12 3. Shelter Services: 13 3.1 Treatment of Animals: Adequate care and treatment of animals while in custody at the Shelter to ensure that animals impounded are provided with humane and 14 appropriate levels of care including a clean environment, fresh water, adequate nutrition and appropriate medical care. 15 3.2 Spay and Neuter: Ensuring that all dogs and cats adopted from the Shelter are 16 spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if adopted animal is unable to 17 receive spaying or neutering due to a medical condition. In accordance with California Food and Agricultural Code Sections 30503 and 18 31751.3, if a veterinarian employed at the Shelter certifies that a dog or cat is too 19 sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from said adopter or purchaser and said deposit will be deposited into a 20 segregated fund,which will be maintained by the COUNTY. Such deposit will be fully refunded to the adopter or purchaser if proof of sterility is provided within 21 30 business days from the date of surgery, at which the deposit is forfeited in 22 accordance with the CA Code 30503 and 31751. Accordingly spay and neuter deposits may only be used by the COUNTY for programs to spay or neuter dogs and 23 cats. 24 3.3 Volunteer Program: Maintenance of a program to provide for the participation of Volunteer's in programs relating to animals. 25 3.4 Enforcement: Enforce all relevant provisions of County of Riverside Title 6, ANIMALS, and State law as may be applicable to animals housed,kept or 26 maintained at the Shelter. 27 3.5 Incoming Animal Identification: Incoming animals must be checked immediately for collar tag, and scalmed for microchip by qualified Shelter staff within one hour o 28 arrival to the Shelter. Shelter staff shall make all attempts to notify owners within twenty-four(24) hours of the animal impound by COUNTY. 3.6 Quarantine: COUNTY shall quarantine, as prescribed by law, all animals 6 suspected of being rabid, or involved in a bite investigation. 14-011 3.7 I_mnoundments and Quarantines: COUNTY shall house, feed and care for 2 all animals impounded and/or quarantined at the Shelter. 3.8 Incoming Animal Examinations/Assessments: A cursory exam will be performed 3 within twelve (12)hours, except after regular business hours when the examination 4 will be performed within twenty-four(24) hours. Incoming animal assessment must include the following: 5 3.8.1 A physical examination to determine if a medical condition exists which requires a veterinarian's attention 6 3.8.2 Routine vaccinations and de-worming, as needed 7 3.8.3 External parasite treatment, as necessary 3.8.4 Document the animal's incoming weight 8 3.8.5 Scan for microchip identification 3.8.6 Establish unique identifier for the animal 9 3.8.7 Document any identifying features or abnormalities. The COUNTY shall 10 properly document on an animal-by-animal basis that an examination/assessment is performed. 11 3.9 Behavioral Assessments: Behavioral Assessments of Shelter animals will be conducted in accordance with guidelines established by the Department of Animal 12 Services. 13 3.10 Adoption: Animals identified as being available for adoption are placed in adoptable areas of the Shelter. 14 3.11 Community Adoption Partners: California Food&Agricultural Code, Sections 31108(b)and 31752(b) state any stray dog/cat"that is impounded pursuant to this 15 division shall,prior to the euthanasia of that animal be released to a nonprofit, as 16 defined in Section 501(c) (3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled 17 euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal organization or adoption organization. In addition to 18 any required spay or neuter deposit,the public or private shelter, at its discretion, 19 may assess a fee, not to exceed the standard adoption fee, for animals adopted or released." 20 3.12 Foster Care Placement: A foster care placement program assists the Shelter by improving animal care, giving certain animals a better chance of adoption, and lifting 21 the spirits and morale of staff and volunteers. 22 3.13 Vicious Dogs: Any dog declared or determined to be vicious/dangerous and in custody of the Shelter either under impoundment or quarantine shall be deemed 23 unsuitable for adoption and shall not be released except as required by law or at the 24 Director's discretion. 3.14 Euthanasia: Provide humane euthanasia service as required for impounded 25 animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by said animal's owner and is deemed to be not adoptable by COUNTY. 26 Animals that are irremediably suffering from a serious illness or severe injury may 27 not be held for owner redemption or adoption. Only euthanasia methods approved by the American Veterinary Medical Association shall be used. 28 Records will be kept for a period of not less than three (3) years on each euthanized animal including the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; 7 method of euthanasia and reason for use of method. 14.011 3.15 Drug Enforcement Agency (DEA): Additionally,the COUNTY must 2 comply with all Drug Enforcement Agency(DEA)regulations regarding storage, record- keeping, inventory, use, and disposal of all controlled substances. 3 3.16 Feeding Protocols: All animals shall be fed in amounts appropriate to meet their 4 nutritional needs. 3.17 Staffing and Volunteers: COUNTY shall recruit and supervise all necessary 5 personnel for the office,kennel,veterinary and other areas of the Shelter. Staffing shall include any and all full or part-time personnel and shall include the 6 recruitment, supervision and assignment of volunteers in suitable Shelter-related 7 activities. Personnel employed at the Shelter in the performance of Shelter-related activities shall be designated as COUNTY employees and any and all volunteers 8 engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY, Use of volunteers at the Shelter shall 9 be determined by COUNTY on behalf of CITY. 10 3.18 Holding Periods: COUNTY shall hold all stray impounded animals,not otherwise owner identifiable, for holding periods as required by law. 11 3.19 Missing Animals: COUNTY shall notify police immediately of any animal found to be missing from the Shelter that had previously been impounded and/or in 12 protective custody. 13 3.20 Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access for the animals,to the extent possible. 14 3.21 Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY's policies and procedures in this area may include 15 beneficial standards and/or guidelines derived from reputable animal care 16 organizations including, but not limited to,the following: Humane Society of the United States,American Humane Association and American Veterinary Medical 17 Association. 3.22 Provision of Personnel and Supplies: COUNTY will provide personnel, supplies, 8 materials, medication,pharmaceuticals, and equipment, including forms and reports 19 to perform all aspects of the Shelter Services program. 3.23 CITY Access: COUNTY shall provide access to the authorized representatives of 20 CITY to the entire Shelter during normal business hours, and at such other times upon reasonable notice. 2t 3.24 Livestock and Fowl Care: COUNTY shall provide food, care and shelter to 22 livestock and fowl, either at the Shelter or at another location when such animals cannot be cared for at the Shelter. Costs of housing any livestock or fowl,regardless 23 of Shelter location shall be charged to the owner of the animal, if known. If the 24 animal's owner wishes to redeem the animal,the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law,then and only 25 then, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing where said expenses reach the amount of$5,000 or greater per 26 incident. Such expenses shall not exceed the amount of$25,000 per incident unless 27 authorized in writing by CITY. 3.25 Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, 28 which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation,regardless of purpose. COUNTY shall be 8 I responsible for the disposal of animal remains in its custody or control, subject 14-011 to applicable laws. 2 3.26 Level of Service Provided: COUNTY will provide Shelter Services as defined in this contract. COUNTY's policies and procedures for Shelter Services shall be based 3 on standards and/or guidelines derived from reputable animal care organizations 4 including, but not limited to the following: Humane Society of the United States, American Humane Association and American Veterinary Medical Association, 5 4. Compensation: 6 4.1 Compensation for Sheltering: Compensation for shelter services shall be based upon 7 established rate for shelter service at specified primary shelter location and prior year impounds of dogs and cats. An annual rate shall be established based on these s factors and payable monthly in 1/12"h increments. Additional costs for large animal sheltering are incurred at$20 per animal per day for horses and cattle and $12 per 9 animal per day for swine, goats and sheep in accordance with ordinance and will be 10 billed based on actual sheltering on a monthly basis. 4.2 Compensation for Operations and Maintenance: Compensation for Operations and 11 maintenance shall be based upon rate for shelter service at a specified primary shelter location and prior year impounds of dogs and cats. An annual rate shall be 12 established based on these factors and payable monthly in 1/12'h increments. 13 4.3 License Processing: Compensation for License processing shall be based upon actual licenses processed and licensing processing rate. License processing costs 14 shall be billed monthly and total resulting compensation may vary from estimated contract cost. 15 4.4 Outreach Activities: Daily flat rates educational outreach and shot clinics will 16 Be billed based on actual outreach days scheduled. Compensation accounts for full staff time to provide service for one day. The maximum time possible will be 17 afforded for actual outreach activity; however actual outreach activity time will be 1s reduced by travel and preparation time the day of the event. 19 5. Definitions: 5.1 "Shelter Services," as used in this contract shall include, but is not limited to,the i 20 following activities: 21 5.1.1 Impoundment, admittance, receiving, care, custody and feeding of any and all stray domestic animals. Livestock, exotics and the impoundment of wildlife 22 as may be delivered and/or received at the Shelter until an appropriate wildlife agency can be contacted and the wildlife then transferred into their custody. 23 5.1.2 Redemption, treatment, sale, adoption, and/or disposal of any and all animals. 24 5.1.3 Counseling and advising animal owners. 5.1.4 Each animal shall be identified individually and photographs of all newly 25 impounded animals shall be posted on the Shelter website. 5.1.5 Ensuring that all dogs, four months and older,released from the Shelter to a 26 resident of Riverside County are licensed and, if not licensed, to sell license 27 to the owner or other person taking custody of each such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals at 28 the owner's expense. 5.1.6 Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing those animals that are euthanized and the reasons 9 for such euthanasia on an animal-by-animal basis. This log shall further 14-011 state whether the animal was unhealthy and unsuitable for adoption. 2 5.1.7 Proper disposal of dead animals. 5.1.8 Care and maintenance of the Shelter facility, including land and buildings. 3 "Care"includes, but is not limited to providing a safe,temporary refuge for any animal impounded, and providing needed medical services for a injured/sick animals or transfer of animal to the appropriate agency. 5 5.2 "Adoptable Animal," shall mean those animals eight weeks of age or older that at or subsequent to the time the animals are impounded or otherwise taken into 6 possession, have manifested no sign of disease, injury, or congenital or hereditary 7 condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal's health in the future. Dogs declared as 8 "vicious" under State and/or local laws are unadoptable. 5.3 "Treatable," shall mean an animal with a medical condition such as skin problems 9 bad flea or skin infestations, a broken limb, abscess, or problems that may be treated 10 with appropriate resources, holding space,treatment and/or time. "Treatable" shall also mean an animal with behavioral conditions that may be corrected with time and I proper training, such as chasing animals/objects, food aggression, etc. 5.4 "Untreatable Animal,"shall mean any animal that is irremediably suffering from a 12 serious illness or physical injury or behavioral condition and shall not be held for 13 owner redemption or adoption. ////////// 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 14-011 1 CITY OF MENIFEE 2 EXHIBIT B PAYMENT PROVISIONS 3 4 CITY shall pay to COUNTY on a monthly basis in arrears, with a monthly billing and accounting thereof by COUNTY to CITY those fees as established by County of Riverside 5 Ordinance 630; relative to the services to be performed under this Agreement as follows: 6 1. Animal Shelter Services: 7 1.1 Animal Sheltering Services: $148,716/fiscal year, for the period of July 1, 2014 through June30,2017 8 Flat rate based on prior fiscal year impounds 1,836 x $81 per cat or dog sheltering rate at San Jacinto Valley Animal Campus Shelter. 9 1.2 Operational and Maintenance (O&M) Costs: $19,938 for the period of June 1,2014 10 through June 30,2017 Flat rate based on prior Fiscal Year impounds 1,836 x $10.86 O&M rate at San Jacinto 11 Valley Animal Campus Shelter. 1.3 Large Animal Sheltering of horses and cattle at $20 per animal per day of sheltering 12 (additional cost billed on actual use) 13 1.4 Large Animal Sheltering of swine, goats and sheep at $12 per animal per day of sheltering(additional cost billed on actual use) 14 Rates are subject to change as adopted by the Board of Supervisors. 1s Service FY14/15 FY15/16 I FY16/17 F Total 16 Shelter Services (Fixed)* $148,716 $148,716 $148,716 $446,148 O&M Cost(Fixed)** $ 19,938 $ 19,938 $ 19,938 $ 59,814 17 Total $168,654 $168,654 $168,654 $505,962 18 The scheduled compensation payable to COUNTY for all services as set forth in this Agreement 19 is five hundred five thousand nine hundred sixty-two dollars ($505,962) for the period commencing July 1, 2014 through June 30, 2017. 20 21 *Shelter service fixed rate will be adjusted for each year of contract by the following formula: Prior fiscal year dog/cat impounds x sheltering rate. This formula establishes a fixed rate that 22 will be payable in 1/1 2 h monthly increments. 23 **Operation &Maintenance fixed rate will be adjusted for each year of contract by the following 24 formula: Prior fiscal year dog/cat impounds x O&M rate. This formula establishes a fixed rate that will be payable in 1/12t6 monthly increments. 25 ////////// 26 27 28 11