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Agreement No.20-003
AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES
BETWEEN THE CITY OF CATHEDRAL CITY AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES ("Agreement"), is
made and entered into as of July 1, 2020 ("Effective Date") by and between the CITY OF
CATHEDRAL CITY, a Charter City ("CITY"). and the COUNTY OF RIVERSIDE, a political
subdivision of the State of California, on behalf of its Department of Animal Services
("COUNTY"),collectively referred to as the"Parties"and individually as a"Party".
RECITALS
WHEREAS,CITY desires to contract with COUNTY to provide animal field and shelter services
for the purpose of safeguarding the health and safety of CITY's population and the health and
safety of its domestic animals;
WHEREAS,CITY desires to promote the humane treatment of animals;
WHEREAS, COUNTY has the personnel and experience to provide such services and is willing
to enter into a contract with CITY for the provision of such services subject to the terms and
conditions for compensation as hereinafter set forth; and
NOW,THEREFORE, for and in consideration of the mutual covenants,conditions and advantages
herein stated,the Parties hereto agree as follows:
SECTION I. OBLIGATIONS OF PARTIES
A. Recitals:
1. The aforementioned Recitals are true and correct and incorporated herein by this
reference.
B. County Obligations:
1. COUNTY shall provide the field and shelter services within the corporate jurisdictional
limits of CITY as outlined and specified in Exhibit A,Scope of Animal Field Services,
attached hereto and incorporated herein by this reference, and; Exhibit B, Scope of
Animal Shelter Services, attached hereto and incorporated herein by this reference.
C. City Obligations:
1. CITY shall reimburse COUNTY for the services performed and the expenses incurred
as set forth in Section III., Compensation, and Exhibit C, Payment Provisions,
attached hereto and incorporated herein by this reference.
2. CITY shall be responsible for handling, whether directly or by its own legal counsel,
administrative or criminal proceedings, including and without limitation, appeals and
enforcement actions,arising under the services provided in this Agreement. COUNTY
shall cooperate with CITY in making available such COUNTY animal control service
employees for such proceedings if necessary for providing testimony or information.
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3. In order for COUNTY to provide the full scope of services to CITY under this
Agreement, within six months following the Effective Date of this Agreement, CITY
shall adopt the current verbatim language of the regulations,provisions,and rates found
in the Riverside County found in the Riverside County Code, Title 6 — Animals,
inclusive of Chapters 6.04 through 6.24 of the Riverside County Code of Ordinances
("Animal Control Codes"),subject to any local amendments,and shall amend its CITY
municipal code when COUNTY amends its Animal Control Ordinances, from time to
time. COUNTY shall provide the verbatim language to the CITY that shall be adopted
into CITY's municipal codes. Notwithstanding the foregoing, CITY retains all
legislative authority pertaining to the regulation of animals within its jurisdiction.
SECTION II. PERIOD OF PERFORMANCE
The Effective Date of this Agreement shall be from July 1, 2020 and shall terminate on June 30,
2021,unless terminated earlier as provided herein under Section VI,Termination.
SECTION III. COMPENSATION
CITY shall pay actual costs and reimburse COUNTY for the services performed and the expenses
incurred in accordance with the terms of Exhibit C, subject to any applicable changes in the rates
and fees adopted by the Board of Supervisors of COUNTY.
SECTION IV. HOLD HARMLESS/INDEMNIFICATION
A. CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts,
Special Districts and Departments, their respective directors, officers, Board of Supervisors,
elected and appointed officials, employees, agents and representatives from any liability,
claim,damage or action whatsoever,based or asserted upon any actions of CITY, its officers,
employees, subcontractors, agents or representatives arising out of or in any way relating to
this Agreement, including but not limited to property damage, bodily injury, or death or any
other element of any kind or nature whatsoever and resulting from any reason whatsoever
arising from the negligent or willful actions by CITY, its officers, agents, employees,
subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole
expense, all costs and fees including but not limited to attorney fees, cost of investigation,
defense and settlements or awards of all Agencies, Districts,Special Districts and Departments
of the County of Riverside, their respective directors, officers, Board of Supervisors, elected
and appointed officials, employees, agents and representatives in any such action or claim or
action based upon such alleged acts or omissions.
B. With respect to any action or claim subject to indemnification herein by CITY,CITY shall, at
its sole cost, have the right to use counsel of its own choice and shall have the right to adjust,
settle, or compromise any such action or claim without the prior consent of COUNTY;
provided, however, that any such adjustment, settlement or compromise in no manner
whatsoever limits or circumscribes CITY's indemnification to COUNTY as set forth herein.
CITY's obligation to defend, indemnify and hold harmless COUNTY shall be subject to
COUNTY having given CITY written notice within a reasonable period of time of the claim
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or of the commencement of the related action, as the case may be, and information and
reasonable assistance, at CITY's expense, for the defense or settlement thereof. CITY's
obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate
form of dismissal relieving COUNTY from any liability for the action or claim involved.
C. The specified insurance limits required in this Agreement shall in no way limit the CITY's
obligations to indemnify and hold harmless COUNTY herein from third party claims.
D. COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, Special
Districts and Departments, their respective directors, officers, City Council, elected and
appointed officials, employees, agents and representatives from any liability, claim, damage
or action whatsoever,based or asserted upon any actions of COUNTY,its officers,employees,
subcontractors, agents or representatives arising out of or in any way relating to this
Agreement, including but not limited to property damage,bodily injury,or death or any other
element of any kind or nature whatsoever and resulting from any reason whatsoever arising
from the negligent or willful actions by COUNTY, its officers, agents, employees,
subcontractors,agents or representatives of this Agreement. COUNTY shall defend,at its sole
expense, all costs and fees including but not limited to attorney fees, cost of investigation,
defense and settlements or awards of all Agencies,Districts, Special Districts and Departments
of the CITY,their respective directors,officers, City Council,elected and appointed officials,
employees, agents and representatives in any such action or claim or action based upon such
alleged acts or omissions.
E. With respect to any action or claim subject to indemnification herein by COUNTY,COUNTY
shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to
adjust, settle, or compromise any such action or claim without the prior consent of CITY;
provided, however, that any such adjustment, settlement or compromise in no manner
whatsoever limits or circumscribes COUNTY's indemnification to CITY as set forth herein.
COUNTY'S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY
having given COUNTY written notice within a reasonable period of time of the claim or of the
commencement of the related action, as the case may be, and information and reasonable
assistance, at COUNTY's expense, for the defense or settlement thereof. COUNTY's
obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate
form of dismissal relieving CITY from any liability for the action or claim involved.
F. The specified insurance limits required in this Agreement shall in no way limit the COUNTY's
obligations to indemnify and hold harmless CITY herein from third party claims.
G. Solely for the purpose of applying the indemnity and hold harmless obligations of the
PARTIES pursuant to paragraphs A, B, C and D of this Section IV,COUNTY animal control
service employees shall not be deemed to be officials, employees, subcontractors, agents or
representatives of the City,but shall be employees of the COUNTY.
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SECTION V. INSURANCE
COUNTY agrees to maintain the following insurance coverage during the term of this Agreement:
A. Workers' Compensation:
COUNTY shall maintain Workers' Compensation Insurance (Coverage A) as prescribed by the
laws of the State of California. The policy shall include Employers' Liability (Coverage B)
including Occupational Disease with limits not less than $1,000,000 per person per accident.
B. Commercial General Liability:
COUNTY shall maintain Commercial General Liability Insurance coverage for claims which may
arise from or out of COUNTY's performance of its obligations hereunder. This coverage shall
have a limit of liability not less than$1,000,000 per occurrence combined single limit.
C. Vehicle Liability:
If vehicles or mobile equipment is used in the performance of the obligations under this
Agreement,then COUNTY agrees to maintain automobile liability insurance for vehicles provided
by the COUNTY for use under this Agreement. This coverage shall have a limit of liability of not
less than$1,000,000 combined single limit.
D. General Insurance Provisions—All Lines:
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).
2. The insurance requirements contained in this Agreement may be met with a program(s)
of self-insurance.
SECTION VI. TERMINATION
A. Either Party may terminate this Agreement without cause upon six(6)months advance written
notice served upon the other Party stating the extent and effective date of termination.
B. After receiving a notice of termination from CITY, COUNTY shall stop work under this
Agreement on the date specified in the notice of termination;and after termination,CITY shall
make payment to COUNTY for performance up to the date of termination in accordance with
this Agreement.
SECTION VII. FORCE MAJEURE
If either Party is unable to comply with any provision of this Agreement due to causes beyond its
reasonable control, and which could not have been reasonably anticipated, such as acts of God,
acts of war,civil disorders,or other similar acts,such Party shall not be held liable for such failure
to comply.
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SECTION VIII. AMENDMENTS
Any amendments, including but not limited to alterations,variations, or supplements,to the terms
of this Agreement shall be in writing and signed by the Parties hereto, and shall have the approval
of the Board of Supervisors of COUNTY and CITY's City Council. Any amendments will be
presented to CITY's City Manager prior to CITY's City Council approval.
This Agreement, including any exhibits, constitutes the entire Agreement of the Parties with
respect to its subject matter and supersedes all prior and contemporaneous representations,
proposals, discussions and communications,whether oral or in writing.
SECTION IX. SEVERABILITY
Each paragraph or provision of this AGREEMENT is severable from each other provision, and if
any provision or part thereof is declared invalid, the remaining provisions shall nevertheless
remain in full force and effect.
SECTION X. RECORDS
COUNTY shall maintain and keep records of all expenditures and obligations incurred pursuant
to this Agreement and all income and fees received thereby according to generally recognized
accounting principles. Such records and/or animal control operations of COUNTY shall be open
to inspection and audit by CITY or its authorized representative as is deemed necessary by the
CITY's City Manager, or designated representative, upon written notice to COUNTY.
SECTION XI. NO THIRD PARTY BENEFICIARIES
This Agreement between the Parties is intended for the mutual benefit of the two signing Parties
only. No rights are created under this Agreement in favor of any third party or any party who is
not a direct signatory to this Agreement.
SECTION XII. NONDISCRIMINATION
COUNTY shall not discriminate in the provision of services, allocation of benefits,
accommodation in facilities, or employment of personnel on the basis of race, ethnicity, religious
creed, color, national origin, ancestry, age, physical disability, mental disability, medical
condition, marital status, sex, sexual orientation, or gender identity in the performance of this
Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the
provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. seq.), the
Federal Civil Rights Act of 1964(Pub. L. 88-352) and the Americans with Disability Act of 1990
(42 U.S.C. 12101 et seq.).
SECTION XIII. DISPUTE RESOLUTION AND VENUE
A. The Parties shall attempt to resolve any disputes amicably at a working level. If that is not
successful, the dispute shall be referred to the senior management of the Parties.
B. Prior to filing any legal action related to this Agreement,the Parties shall be obligated to attend
a mediation session in Riverside County before a neutral third party mediator. A second
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mediation session shall be required if the first session is not successful. The Parties shall share
the cost of the mediations.
C. This Agreement shall be governed by the laws of the State of California. Any legal action
related to the performance or interpretation of this Agreement shall be filed only in the Superior
Court of the State of California located in Riverside,California,and the Parties waive any and
all provisions of law providing for a change of venue to another location.
SECTION XIV. ASSIGNMENT
This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor
any part thereof nor any moneys due or to become due hereunder may be assigned by the Parties
without the prior written consent of the other Party. CITY and COUNTY hereby agree to the full
performance of the covenants contained herein.
SECTION XV. NOTICES
All correspondence and notices required or contemplated by this Agreement shall be delivered to
the respective Parties at the addresses set forth below and are deemed submitted two(2)days after
their deposit in the United States mail, postage prepaid:
COUNTY: CITY:
Department of Animal Services City of Cathedral City
Attention: Director Attention: City Manager
6851 Van Buren Boulevard 68700 Avenida Lalo Guerrero
Jurupa Valley, CA 92509 Cathedral City,CA 92234
SECTION XVI. CONTRACT PERFORMANCE AND ADMINISTRATION
COUNTY's Director of Department of Animal Services, or designated representative, is
designated as the Contract Administrator and will meet as necessary to discuss contract
performance with CITY's City Manager, or designated representative.
SECTION XVII. HEADINGS
The Section and other headings contained in this Agreement are included for the purpose of
convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way
the meaning or interpretation of this Agreement or the exhibits and schedules hereto.
SECTION XVIII. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same Agreement,binding on all
of the Parties.
SECTION XIV.WAIVER OF BREACH, RIGHT OR REMEDY
The waiver by any Party of any breach or violation by another Party of any provision of this
Agreement or of any right or remedy permitted the waiving Party in this Agreement(a) shall not
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waive or be construed to waive any subsequent breach or violation of the same provision,(b)shall
not waive or be construed to waive a breach of violation of any other provision, and(c)shall be in
writing and may not be presumed or inferred from any Party's conduct. Except as expressly
provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be
exclusive of any other remedy, and each and every remedy shall be in addition to every other
remedy granting in this Agreement or now or hereafter existing at law or in equity, by statute or
otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of
the right to pursue other available remedies.
SECTION XV.INDEPENDENT CONTRACTOR
The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each
Party to this Agreement shall have no power to incur any debt,obligation,or liability on behalf of
another Party to this Agreement.
SECTION XVI.COOPERATION, FURTHER ACT
The Parties shall cooperate fully with one another, and shall take any additional acts or sign any
additional documents as may be necessary,appropriate or convenient to attain the purposes of this
Agreement.
[Signature Provisions on Following Page]
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Agreement No.20-003
IN WITNESS WHEREOF,the Parties hereto have caused their duly authorized representatives to
execute this Agreement.
COUNTY OF RIVERSIDE, CITY OF CATHEDRAL CITY,
a Political Subdivision of a Charter City
the State of California
BY. (1(4---1/,—
V. Manuel Perez, Chairperiebrf Jo A::uilar, Mayo
Board of Supervisors
11111
ATTEST: ATT T:
Kecia R. Harper Tracey R. Martinez
Clerk of the Board City Clerk
By:Wi666/69A�"' q ^
t 0 Byc Is/i..t� i.-r14.c,C
eputy City�^Ie�k f_i;
APPROVED AS TO FORM: APPROVED AS TO FORM:
Gregory P. Priamos r- '`--^
County Counsel
B G .� , 17 B J
By: ����0"� Y•
,
6$ NTHIA U.GUnL Eric S. Vail
'*t beputy County Counsel City Attorney
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Agreement No.20-003
SCOPE OF ANIMAL FIELD SERVICES
CITY OF CATHEDRAL CITY
EXHIBIT A
The County of Riverside, on behalf of its Department of Animal Services ("COUNTY"), agrees
to provide the following animal field services for the City of Cathedral City("CITY"):
A. PROVISION OF FIELD SERVICES
The animal field services to be provided by COUNTY for CITY within the corporate jurisdictional
limits of CITY shall include the following activities:
1. Field Service Assistance: Respond to all calls for field service assistance pursuant to the
priority of calls as described in Section E below.
2. Impoundment: Impound all animals found at large and collect such impound fees as
established in the appropriate CITY municipal code.
3. Proper Care and Treatment: Provide humane care and treatment to any stray or
abandoned animal impounded by field personnel in accordance with State of California
("State") laws and regulations.
4. Animal Bites: Investigate reported bites by animals. COUNTY shall respond in person
to all reported bites by dogs or by suspected rabid or wild animals. CITY shall be
responsible for any appeals arising from administrative proceedings resulting therefrom.
5. Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person
as prescribed by the California Compendium of Rabies Control and Prevention, the State
law, and COUNTY policy.
6. Stray and Barking Animal (Nuisance) Complaints: Respond to and process nuisance
complaints, including stray and barking animal complaints, as referenced the appropriate
CITY Municipal Code. City shall be responsible for any appeals arising from
administrative proceedings resulting therefrom.
7. Dead Animals: Remove dead animals from the public right-of-way except in such cases
where an animal is on a state highway within CITY limits. In such cases, COUNTY shall
immediately (or as soon as practicable) notify the State Department of Transportation by
telephone, facsimile, email or other means.
8. Return of Impounded Animals: Encourage the return of any lost/stray animal impounded
by field personnel while in the field to the rightful owner, subject to the payment of
impound fees.
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9. Kennels and Catteries: COUNTY shall inspect and issue licenses to operate dog kennels
and catteries within CITY jurisdictional limits pursuant to CITY's municipal codes, and
collect fees in connection therewith. All fees for licenses to operate dog kennels and
catteries shall be retained by COUNTY.
10. Issuance of Warnings and Citations: Perform enforcement activities for all applicable
provisions of CITY's municipal code as necessary, including the issuance of warning
notices or citations, for violations of the provisions of said municipal code. CITY shall be
responsible for the prosecution of any criminal enforcement actions or any appeals arising
from administrative proceedings resulting therefrom.
11. Service to Public: 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 procedures notwithstanding,
COUNTY,in processing any type of complaint or request for service, shall indicate to the
caller that a response can be expected as per Section E below.
12. Field Services Related to Canine Licenses: COUNTY shall verify canine license status
when responding to requests for service or when responding to complaints about animal
behavior. The Animal Control Officer,as part of the officer's regular animal control duties
as defined by, but not limited to, the terms of this Agreement, shall conduct license
inspection activities during animal control investigations to ascertain the number of
unlicensed dogs,to license such dogs, and to promote and foster compliance with CITY's
municipal code.
B. SHELTER CARE AND DISPOSITION SERVICES
The COUNTY shall house CITY's animals at the Coachella Valley Animal Campus, or other
County operated shelter at the County's discretion, as set forth in Exhibit B.
C. PROVISION OF VEHICLES AND RADIO EQUIPMENT
COUNTY shall provide animal control vehicles and equip them with the appropriate animal
control boxes mounted on the truck chassis and with an air conditioning unit mounted on the
animal control truck boxes for use in the provision of services as set forth in this Agreement. The
COUNTY shall fuel and maintain said vehicles.
D. MISSING OR STOLEN ANIMALS
COUNTY shall file a report with the appropriate law enforcement agency within twenty four(24)
hours if an impounded animal is missing or suspected to have been stolen from an animal control
vehicle or while in COUNTY's custody. COUNTY shall indicate on the police report the
circumstances of the animal's disappearance.
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E. PRIORITY OF FIELD SERVICES
1. "Services"are those enforcement activities rendered by COUNTY pursuant to the relevant
sections of CITY's municipal code and related State law, and are assembled for into two
categories: Emergency and Non-Emergency.
2. "Priority Ranking" refers to the order of priority with which a call will be handled. All
calls will go directly to the dispatcher or assigned clerical staff for relay to the Animal
Control Officer. If a call is"exceptional,"a set forth in Section F below,it shall be referred
to the supervisor for evaluation and processing.
3. The following definitions of "Regular Service Hours," "Limited Service Hours" and
"Holidays" are intended to identify the broad time frames during which specific levels of
service will be provided.
a. "Regular Service Hours" are between the hours of 7:30 am to 5:00 pm, Monday
through Friday, Holidays excepted.
b. "Limited Service Hours" are between the hours of 5:00 pm to 7:30 am, Monday
through Friday, all day Saturday, Sunday and on Holidays.
c. "Holidays"are those days as established by the COUNTY and the CITY where the
CITY or COUNTY is closed for service on a business day that would otherwise be
a regular service day.
4. Field service activities shall be performed daily and generally based on both the Priority
Ranking and the time a call for service is received in accordance with this Agreement. All
calls involving imminent danger shall be responded to within sixty (60) minutes if
reasonably possible,subject to considerations involving the time of day,traffic conditions,
or other circumstances. An Animal Control Officer shall respond to animal medical
emergencies and other emergencies involving danger to humans within thirty(30)minutes
or less during Regular Service Hours,and within sixty(60)minutes or less during Limited
Service Hours and Holidays. CITY acknowledges that response time may be affected by
traffic congestion or other hindering circumstances uncontrollable by COUNTY.
COUNTY shall provide a means for responding to calls for service that take place during
Limited Service Hours which are of an emergent nature pursuant to this Exhibit A. Field
service personnel may be assigned to patrol and perform other service field tasks as defined
by COUNTY and CITY.
5. Telephone Service: The COUNTY shall answer all telephone calls for field services
during Regular Service Hours. Calls shall be received by the COUNTY answering service
during Limited Service Hours and on Holidays, as noted above. Calls answered by the
answering service will be handled on an emergency basis as outlined in this Exhibit A.
The dispatcher and/or clerical support staff shall maintain a detailed record of all requests
for service, both emergency and routine, received during Regular Service Hours and
Limited Service Hours, including time and date, when the calls were answered, and the
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disposition of those calls. Records of these calls shall be maintained for at least thirty(30)
days.
6. The CITY and COUNTY agree that any incident reports to the COUNTY by residents or
through emergency services involving a dangerous,aggressive,wild,injured or sick animal
constitute an emergency and require immediate action by the COUNTY pursuant to this
Agreement. Calls for service received during Limited Service Hours that are not of an
emergent nature shall be answered by an answering service and referred to call-back on the
next business day during phone center operational hours. These calls will then be
scheduled for response in accordance with this Exhibit A.
7. Calls Considered Emergencies to be Handled Without Delay:
a. Animals endangering health or safety of the community.
b. Police Department requests for service
c. Sick or injured stray animals
d. Animals in distress
e. Humane investigations that are life threatening. (Depending on immediate
circumstances)
f. Venomous snakes
8. Calls Considered Non-Emergency to be Handled during Regular Service Hours:
a. Pick-up confined,healthy, stray-animals
b. Dead animal removal
c. Quarantine investigations
d. Leash law enforcement
e. Nuisance animal investigations
f. Permit investigations
F. EXCEPTIONS
The Director of Animal Control, or designee, may,on a case-by-case basis, authorize variations
of priority when circumstances require such a variance.
G. LICENSE FEES (Section 2 of Riverside County Ordinance No. 630)
Licenses shall be issued upon payment of the license fees at the same rate as established in Section
2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY's
Board of Supervisors, from time to time.
H. RABIES VACCINATION CERTIFICATE DATA
Rabies vaccination certificates shall be collected from area veterinarians and downloaded into
COUNTY's database after the data has been cleared of inconsistencies. Reminders of licensing
requirements shall be automatically generated and mailed to dog owners. Those dog owners who
fail to comply may be subsequently issued administrative citations.Remittance options include the
web licensing portal on COUNTY's website, www.rcdas.org. COUNTY shall verify dog license
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status when responding to requests for service or when responding to complaints. COUNTY shall
also provide an automated or manual verification system whereby owners can verify the status of
their animal's license by telephone.
I. COLLECTION OF LICENSE FEES
CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain ten dollars
($10) per license on any and all canine license revenue generated by CITY residents during the
term of the Agreement. All fees collected for canine licenses shall be accounted for by the
COUNTY on a monthly basis and the COUNTY shall remit to CITY the net amount of license
fees collected for each month. For purposes of this Agreement,the net amount of license fees shall
mean the total amount of license fees collected in a month less the sum total of$10 per each canine
license issued and shall be separate and apart from the monthly compensation rate due and payable
by the CITY as required in Section III. Compensation. CITY shall be responsible for a one-time
conversion fee for new data entered into COUNTY's licensing database.
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SCOPE OF ANIMAL SHELTER SERVICES
CITY OF CATHEDRAL CITY
EXHIBIT B
The County of Riverside, on behalf of its Department of Animal Services ("COUNTY"), agrees
to provide the following Animal Shelter Services for the City of Cathedral City ("CITY"). All
capitalized terms set forth herein are defined in Section B below.
A. COUNTY ANIMAL SHELTER LOCATION
1. Shelter Location: The COUNTY shall maintain CITY's animals at the Coachella Valley
Animal Campus ("Shelter"), or other shelter operated by COUNTY at COUNTY's
discretion.
The COUNTY shall be responsible for the operation and maintenance of its shelters and
the care of the animals on a twenty four(24)hour basis.
2. Shelter Hours of Operation: COUNTY shall maintain hours of operation at the Shelter
to provide maximum public access to the animals,to the extent possible.
B. DEFINITIONS
1. Animal Shelter Services" shall include the following activities and services:
a. Impoundment, admittance,receipt of,care of,custody of and/or feeding of any and
all stray animals. Livestock, exotics and the impoundment of wildlife as may be
delivered and/or received at the Shelter until an appropriate wildlife agency can be
contacted and the wildlife then transferred into their custody.
b. Redemption,treatment, sale, adoption, and/or disposal of all animals.
c. Counseling and advising animal owners.
d. Posting on Shelter's website of photographs of all newly impounded animals and
identifying each animal individually.
e. Ensuring that all dogs, four(4)months and older, released from the COUNTY to a
resident of County of Riverside are licensed and, if not licensed, to sell license to
the owner or other person taking custody of such dog. In accordance with
COUNTY ordinances, require the micro-chipping of released animals at the
owner's expense.
f. Humane euthanasia of animals as lawful and necessary, including the creation of a
log detailing those animals that are euthanized and the reasons for such euthanasia
on an animal-by-animal basis. This log shall include whether the animal was
unhealthy and/or unsuitable for adoption.
g. Proper disposal of dead animals at the rate as set forth in Exhibit C, Payment
Provisions.
h. "Care" includes, but is not limited to providing a safe, temporary refuge for any
animal impounded,and providing needed medical services for injured/sick animals
or transfer of animal to the appropriate agency.
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2. "Adoptable Animal" shall mean an animal eight (8) weeks of age or older that at or
subsequent to the time the animal is impounded or taken into possession, has manifested
no sign of disease, injury, or congenital or hereditary condition that adversely affects the
health or temperament of the animal,or that is likely to adversely affect the animal's health
in the future. Dogs declared "vicious"or"potentially dangerous" under State and/or local
laws shall be deemed unadoptable.
3. "Treatable"shall mean an animal with a medical condition such as skin problems, bad flea
or skin infestations, a broken limb, abscesses, or problems that may be treated 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 proper training,
such as chasing animals/objects, food aggression, etc.
4. "Untreatable Animal" shall mean any animal that is irremediably suffering from a serious
illness or physical injury or behavioral condition and shall not be held for owner
redemption or adoption.
5. "Impounded Animal"shall include animals found running at large, removed from private
property,or that are taken into the custody by COUNTY or law enforcement.
6. "Seized Animal" shall include animals that are confiscated under Penal Code 597.1 from
an owner when ordered by a court of competent jurisdiction, whether the seizure was
determined justified or not, when exigent circumstances exist.
C. SCOPE OF ANIMAL SHELTER SERVICES
1. Treatment of Animals: COUNTY shall provide adequate care and treatment of CITY's
animals whiles in custody of COUNTY to ensure that impounded animals are provided
with humane and appropriate levels of care, including a clean environment, fresh water,
adequate nutrition and appropriate medical care.
2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined
in this Agreement. COUNTY's policies and procedures for Animal Shelter Services shall
be based on standards and/or guidelines derived from reputable animal care organizations
including, but not limited to,the Humane Society of the United States,American Humane
Association and American Veterinary Medical Association.
3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their
nutritional needs.
4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and
sanitary condition. COUNTY's policies and procedures may include beneficial standards
and/or guidelines derived from reputable animal care organizations including, but not
limited to, the Humane Society of the United States, American Humane Association and
American Veterinary Medical Association.
5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies,
materials, medication, pharmaceuticals, and equipment, including forms and reports, to
perform all aspects of the Animal Shelter Services described herein.
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Agreement No.20-003
6. Holding Periods: COUNTY shall hold all stray-impounded animals,not otherwise owner
identifiable, for the holding periods as required by State law.
7. Euthanasia: Humane euthanasia services shall be provided as required for impounded
animals held at the Shelter for the lawful number of days, if such animal is not reclaimed
by the animal's owner and is deemed not adoptable by COUNTY. Untreatable Animals
that are irremediably suffering from a serious illness or severe injury may not be held for
owner redemption or adoption. Only euthanasia methods approved by the American
Veterinary Medical Association shall be used. Records shall be kept for a period of not
less than three(3)years on each euthanized animal shall include the following information:
breed; sex; color; weight; other distinguishing characteristics; date, time and location
where animal was found; method of euthanasia, and reason for use of method.
8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of
Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of
being rabid, or involved in a bite investigation.
9. Impoundments and Quarantines: COUNTY shall house, feed and care for all animals
impounded and/or quarantined at the Shelter.
10. Animals Surrendered by their Owners: Any pet surrendered by the owner to an Animal
Control Officer and transported to the COUNTY shelter shall incur prevailing owner
surrender charges. Such fees shall be collected from the owner and conveyed to the
COUNTY,or be charged directly to the CITY at the established stray animal rate.
11. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious
or potentially dangerous and in custody of COUNTY either under impoundment or
quarantine shall be deemed unsuitable for adoption and shall not be released except as
required by State law or at the Director of Animal Services' discretion.
12. Incoming Animal Identification: Incoming animals shall be checked immediately for
collar tags and scanned for microchip by qualified Shelter staff within one (1) hour of
arrival to the Shelter. Shelter staff shall make all attempts to notify owners within twenty-
four(24)hours of an Impounded Animal delivered by CITY to COUNTY.
13. Incoming Animal Examinations/Assessments: A cursory exam of an animal shall be
performed within twelve (12) hours, except during Limited Service Hours when the
examination will be performed within twenty-four (24) hours. Incoming animal
assessment shall include the following:
a. A physical examination to determine if a medical condition exists which requires a
veterinarian's attention
b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
d. Document the animal's incoming weight
e. Scan for microchip identification
f. Establish unique identifier for the animal
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Agreement No.20-003
g. Document any identifying features or abnormalities. The COUNTY shall properly
document on an animal-by-animal basis that an examination/assessment has been
performed.
14. Behavioral Assessments: Behavioral assessments of Shelter animals shall be conducted
in accordance with guidelines established by the COUNTY.
15. Enforcement: Enforce all relevant provisions of CITY's municipal code and State law as
may be applicable to animals housed, kept or maintained at the Shelter.
16. Adoption: Animals identified as being available for adoption shall be placed in the
adoption areas of the Shelter.
17. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter
are spayed or neutered,or that adequate provisions are made for such spaying or neutering
if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or
neutering due to a medical condition.
In accordance with California Food and Agricultural ("F&A") Code Sections 30503 and
31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or
injured to be spayed or neutered,the COUNTY shall collect a spay/neuter deposit from the
adopter or purchaser and this deposit shall be deposited into a segregated fund maintained
by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof
of sterility is provided within thirty (30)business days from the date of surgery, at which
the deposit is forfeited in accordance with F&A Code Sections 30503 and 31751.3. Spay
and neuter deposits shall only be used by the COUNTY for canine and feline spay and
neuter programs.
18. Community Adoption Partners: COUNTY shall comply with F&A Code Sections
31108 and 31752 that provide that any stray dog or cat that is impounded "shall, prior to
the euthanasia of that animal be released to a nonprofit, as defined in Section 501(c)(3) of
the Internal Revenue Code, animal rescue or adoption organization if requested by the
organization prior to the scheduled euthanasia of that animal. The public or private shelter
may enter into cooperative agreements with any animal organization or adoption
organization. In addition to any required spay or neuter deposit, the public or private
shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for
animals adopted or released."
19. Foster Care Placement: Certain animals may be placed in COUNTY's foster care
placement program so to improve animal care, give certain animals a better chance of
adoption, and lift the spirits and morale of staff and volunteers.
20. Drug Enforcement Agency (DEA): COUNTY shall comply with all applicable Drug
Enforcement Agency(DEA)regulations regarding storage,record-keeping,inventory,use,
and disposal of all controlled substances used in the ordinary course of its operations and
services.
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Agreement No.20-003
21. Staffing and Volunteers: COUNTY will staff and supervise all necessary personnel for
the office, kennel,veterinary and other areas of the Shelter. Staffing shall include any and
all full or part-time personnel and shall include the recruitment,supervision and assignment
of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in
the performance of Shelter-related activities shall be designated as COUNTY employees
and any and all volunteers engaged in Shelter activities shall participate in activities
designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers
at the Shelter shall be determined by COUNTY.
22. Missing Animals: COUNTY shall notify an appropriate law enforcement agency
immediately of any animal missing from the Shelter that had previously been impounded
and/or in protective custody.
23. CITY Access: COUNTY shall provide access of the entire Shelter to the authorized
representatives of CITY during Regular Service Hours or at such other times upon written
notice.
24. Livestock and Fowl Care: COUNTY shall provide food,care and shelter to livestock and
fowl,either at the Shelter or at another location, when such animals cannot be cared for at
the Shelter.
Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to
the owner of the animal, if known. If the animal's owner wishes to redeem the animal,the
owner shall first pay all applicable fees and charges at the Shelter; except as otherwise
required by law, then and only, will the COUNTY authorize release of the animal.
COUNTY shall notify CITY in writing when said expenses reach the amount of$5,000 or
greater per incident. Such expenses shall not exceed the amount of$25,000 per incident
unless authorized in writing by CITY.
25. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has
been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of,
traded, sold or in any manner given over to another person, organization or entity for
experimentation,regardless of purpose. COUNTY shall be responsible for the disposal of
animal remains in its custody or control, subject to applicable State laws.
D. COMPENSATION
1. Compensation for Animal Shelter Services:
Additional compensation for Animal Shelter Services may be required. Additional costs
for large animal sheltering are incurred at $20 per animal, per day for horses and cattle,
and $12 per animal, per day for swine, goats and sheep in accordance with COUNTY's
Animal Control Ordinances and shall be billed based on actual sheltering on a monthly
basis.
2. Impound/Quarantine Fees: CITY shall be responsible for all costs associated with any
and all animals seized within the CITY boundaries and brought to COUNTY which are
held in Shelter, including facilities that have agreements with the COUNTY to provide
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Agreement No.20-003
additional shelter services under the supervision of the COUNTY. This includes,but is not
limited to, animals held in association with any criminal prosecution of animal abuse and
welfare cases, animals being held as evidence in a court filing, or rabies quarantine. The
COUNTY agrees to assist the CITY in seeking reimbursement from the owner by
providing invoices for all services provided. All services provided to each animal involved
shall be charged as of the current date including but not limited to the following: IMP 1-
collection; State Fine 1-collection, Board collection- all fees due; QT Board collection-if
applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordatella
collection; microchip collection; any and all medications provided to each animal; and
personnel charges.All fees will be in accordance with the COUNTY's current fee schedule.
3. Outreach Activities: If requested by CITY, the daily flat rates for educational outreach
events,vaccination clinics or spay/neuter clinics shall be billed based actual outreach days
scheduled at a rates below:
a. Vaccination or Spay/Neuter Clinic: $3,000* per event, flat rate billed on
actual use.
*The cost for staff, vaccinations and microchips, free to constituents with a
two hundred(200) animal cap per event.
b.Education Outreach Event: $2,553*per event, flat rate billed on actual use.
*The cost to staff an outreach event for the purpose of educating CITY
constituents.
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Agreement No.20-003
PAYMENT PROVISIONS
CITY OF CATHEDRAL CITY
EXHIBIT C
City of Cathedral City ("CITY") shall compensate the County of Riverside ("COUNTY") on a
monthly basis all fees and rates in accordance with the COUNTY's current fee schedule as set
forth below:
A. Animal Field and Sheltering Services Rates*
Service Impounds Amount Total YearlyMonthly
p Installments
Animal Control Officer(.5 ACO) - $86,320 $86,320 $7,193
Animal Sheltering* 574 $20 per day $114,800 $9,567
Wildlife Impounds 22 $138 each $3,036 $253
Deceased Animal Pick-Up and 134 $70 each $9,380 $782
Disposal
Operation & Maintenance 574 $10.44 each $5,993 $499
Total Sheltering Cost $219,529 $18,294
* Yearly cost estimate based on statistics provided by CITY of its prior year's impound rate of 574
dogs and cats per year, based on an average of ten(10) kenneling days. Rates are established by
the Board of Supervisors and are subject to change as amended by COUNTY from time to time.
City shall be provided with actual impound statistics each month that detail the number of animals
impounded and the number of kenneling days. Thirty (30) days after the end of each calendar year,
COUNTY shall provide the City with appropriate adjustments to reconcile the estimated impounds with
the actual impoundments.A credit or bill shall be added onto February's invoice.
Large Animal Sheltering: $20/animal (horses,ponies,cattle)per day of sheltering.
Large Animal Sheltering: $12/animal (swine,goats, sheep)per day of sheltering.
B. Impound/Quarantine Fees
CITY shall be responsible for all costs associated with any and all animals seized within the CITY
boundaries and brought to COUNTY held in the Shelter, including facilities that have agreements
with the COUNTY to provide additional shelter services under the supervision of the COUNTY.
This includes, but is not limited to, animals held in association with any criminal prosecution of
animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies
quarantine. The COUNTY agrees to assist the CITY in seeking reimbursement from the owner by
providing invoices for all services provided. All services provided to each animal involved shall
be charged as of the current date including but not limited to the following: IMP 1-collection;State
Fine I-collection, Board collection- all fees due; QT Board collection-if applicable; Rabies
Vaccination collection- if applicable; DA2PPV collection; Bordatella collection; microchip
collection; any and all medications provided to each animal; and personnel charges.
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Agreement No.20-003
C. Optional Services at City's Request. If requested by CITY, the daily flat rates for
optional services shall be billed based actual outreach days scheduled at a rates below:
1. Vaccination or Spay/Neuter Clinic: $3,000 per event, flat rate billed on actual use. The
service provided herein shall be free to constituents,with a two hundred (200) animal cap
per vaccination clinic, or thirty(30) spay and/or neuter surgeries per spay/neuter clinic.
2. Education Outreach Event: $2,553 per event, flat rate billed on actual use. The cost for
staff an outreach event for the purpose of educating CITY constituents.
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