HomeMy WebLinkAboutContract 1949 rfqq1
Agreement No.21-004
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, 2021 ("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 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.
SECTION II. PERIOD OF PERFORMANCE
The Effective Date of this Agreement shall be from July 1, 2021 and shall terminate on June 30,
2023, unless terminated earlier as provided herein under Section VI, Termination.
IRV#4820-7789-3877 v21
FEB 012022 3.
Agreement No.21-004
SECTION III. COMPENSATION
CITY shall 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
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
IRV#4820-7789-3877 v22
Agreement No.21-004
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.
SECTION V. INSURANCE The County of Riverside maintains programs of self-insurance.
In the event the County of Riverside shall cease such program,then the County of Riverside
shall be required to procure insurance which would be typical for its obligations under this
Agreement.
SECTION VI. TERMINATION
A. Either Party may terminate this Agreement without cause upon no earlier than six(6)months
advance written notice served on the other Party stating the extent and effective date of
termination.
B. If a six(6)month notice of termination is served on the other Party, after receiving said notice
of termination, COUNTY shall stopwork under this Agreement on the termination date
r�'
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,
IRV#4820-7789-3877 v23
Agreement No.21-004
acts of war, civil disorders, or other similar acts, such Party shall not be held liable for such failure
to comply.
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.
IRV#4820-7789-3877 v24
Agreement No.21-004
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
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
COUNTY's Director of Department of Animal Services, or designated representative, shall 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
IRV#4820-7789-3877 v25
Agreement No.21-004
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
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]
IRV 84820-7789-3877 v26
Agreement No.21-004
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 St.to of California _, /
By: ,, ' Ad 1 '
J. fifil _ __!hair Ern t• utierrea
:oard : Supervisors Mayor
ATTEST: ATTEST:
Kecia R. Harper Tracey R. Martinez
Clerk of the Board City Clerk
BY: lb _Ifth I A 41 133kInielLek ointAAJte---2
lir%eputy City Clefrk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Gregory P. Priamos
County Couns-
B ..s . By: a
Darr . Ziegle Eric S. Vail
Deputy County 'sunsel City Attorney
IRV#4820-7789-3877 v27
Agreement No.21-004
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 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 dogs and livestock 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 to all
reported bites by dogs, cats, or by suspected rabid or wild animals. COUNTY shall only
be responsible for administrative proceedings resulting therefrom.
5. Quarantine: Quarantine all animals suspected 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. COUNTY shall only be
responsible for administrative enforcement 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. Ensure an opportunity for members of the public to report
lost and found animals online.
A-IRV#4820-7789-3877 v21
Agreement No.21-004
9. Kennels and Catteries: COUNTY shall inspect and issue licenses to operate dog
kennels and catteries within CITY 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: Enforce all appropriate 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. COUNTY shall only be responsible
for administrative enforcement 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 foster compliance with
CITY's municipal code.
13. Wildlife: COUNTY will not impound free roaming wildlife unless it is a danger to the
community, unhealthy, injured, or part of an animal cruelty or animal bite case.
14. Mutual Animal Welfare Programs: If mutually agreeable between the Parties,
COUNTY and CITY shall work together to establish animal welfare programs that
benefit the animals and residents of CITY.
15. COUNTY will perform humane investigations of suspected animal neglect and cruelty
and will be responsible for investigation, citation and preparing materials for
prosecution.
16. COUNTY and CITY will work together on educational outreach, promotion of
spay/neuter and vaccination clinics, other owner surrender diversion programs,
responsible pet ownership and adoption programs and activities.
17. In case of a disaster, COUNTY and CITY will work collaboratively on animal needs
and communication as it related to rescue, response and recovery efforts.
A-IRV#4820-7789-3877 v22
Agreement No.21-004
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
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.
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 8:00 am to 12:00 pm, Monday
through Friday, Holidays excepted.
b. "Limited Service Hours" are between the hours of 12:00 pm to 8:00 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.
A-1RV#4820-7789-3877 v23
Agreement No.21-004
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. Should
the assigned Animal Control Officer not have activities to respond to, the Officer will
perform leash law enforcement throughout CITY, patrol for stray dogs, canvass for dog
licenses, and other duties as assigned by COUNTY. COUNTY shall notify designated
CITY personnel at the beginning and end of shift. COUNTY shall provide activity log to
CITY. COUNTY shall provide a means for responding to calls for service that take place
during Limited Service Periods 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. If the regularly scheduled Animal Control Officer is
not in the office, COUNTY shall utilize a secondary Animal Control Officer to fulfill
contractual obligations.
5. Portal and Telephone Service: The COUNTY shall respond to calls for field services
during Regular Service Hours through the COUNTY'S internet portal. Immediately upon
submitting a request through the portal, the COUNTY will provide the City with a
confirmation email that includes the activity type, subtype, and an activity number. The
COUNTY will also provide the City with a confirmation email once a call for service is
completed. The COUNTY will provide the City with a daily log of all calls for service
submitted during that day, and a weekly log of all call for service submitted during that
week.
In the event that the COUNTY'S internet portal is not functioning, the COUNTY shall
respond to telephone calls for service 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
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
A-IRV#4820-7789-3877 v24
Agreement No.21-004
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)
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.
G. LICENSE FEES (Section 2 of Riverside County Ordinance 630)
Licenses shall be issued upon receipt of all licensing requirements including 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 scrubbed of inconsistencies. Reminders of licensing
requirements shall be automatically generated and mailed to dog owners. Those 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
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
($10.26)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 credit to CITY the net amount of license
A-I RV#4820-7789-3877 v25
Agreement No.21-004
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$10.26 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 Exhibit C, Payment Provisions. CITY shall be responsible
for a one-time conversion fee for new data entered into COUNTY's licensing database.
A-IRV#4820-7789-3877 v26
Agreement No.21-004
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.
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, microchipped, and spayed/neutered
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.
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
B-IRV#4820-7789-3877 v21
Agreement No.21-004
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 shelter 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.
6. Holding Periods: COUNTY shall hold all stray-impounded animals,not otherwise owner
identifiable, for the holding periods as required by State law.
B-IRV#4820-7789-3877 v22
Agreement No.21-004
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.
Impoundments and Quarantines: COUNTY shall house, feed and care for all animals
impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at
the owner's home or an alternate location.
9. 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.
a. Animals Surrendered by their Owners: Owner Surrenders will be impounded on
a case by case basis. Diversion programs will be offered to assist with pet retention.
CITY shall direct their constituents to consult with COUNTY to surrender their pet.
COUNTY will offer CITY's constituents assistance through diversion programs.
10. 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. CITY Animal Control Officers shall refer
constituents requesting to surrender their animal to COUNTY for a diversion consultation.
CITY shall not accept owner surrenders in the field prior to the constituent consulting the
COUNTY.
11. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to
ensure public safety while maintaining wildlife in the wild. COUNTY and CITY Animal
Control Officers will triage wildlife reports to determine the appropriate response. Wildlife
will be impounded if there is a public safety hazard, if the animal's welfare is at risk, if the
animal is injured or orphaned, if the animal has been involved in a bite, or involved in an
animal cruelty investigation.
12. 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.
B-IRV#4820-7789-3877 v23
Agreement No.21-004
13. 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.Animal Control
Officers shall attempt to return animals in the field prior to delivering the impounded
animal to the shelter. Animal Control Officers shall scan animals in the field for
microchips, call phone numbers on tags or research license numbers in an effort to reunite
animals in the field.
14. 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
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.
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 up for adoption in
the shelter or off-site location, or by posting online.
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.
B-IRV#4820-7789-3877 v24
Agreement No.21-004
18. Microchipping: In accordance with California Food and Agricultural ("F&A") Code
Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being
reclaimed, adopted, or transferred to a new owner are microchipped with current
information prior to leaving the shelter.
19. 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. The public or private shelter or organization must be approved by COUNTY
prior to the transfer of any animals. 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."
20. 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.
21. Community Cat Program (CCP): COUNTY shall determine a cat's eligibility for the
CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated,
and eartipped. Once cat has recovered, the cat will be returned to place of origin.
22. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement
Agency(DEA)regulations regarding storage,record-keeping, inventory,use, and disposal
of all controlled substances.
23. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel
for the office, kennel, veterinary and other areas of the Shelter. Staffing shall include any
and all full or part-time personnel and shall include the recruitment, supervision and
assignment of volunteers in suitable Shelter-related activities. Personnel employed at the
Shelter in the performance of Shelter-related activities shall be designated as COUNTY
employees and any and all volunteers engaged in Shelter activities shall participate in
activities designated by COUNTY and shall be under the auspices of COUNTY. Use of
volunteers at the Shelter shall be determined by COUNTY.
24. 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.
25. 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.
B-IRV#4820-7789-3877 v25
Agreement No.21-004
26. 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.
27. 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
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: CITY shall work with COUNTY to promote responsible pet
ownership, lost and found animals, mutually agreeable animal welfare programs,
Spay/Neuter Services, and adoption of animals through its own educational outreach, and
through its own social media pages. 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 the rates below:
B-IRV#4820-7789-3877 v26
Agreement No.21-004
a. Vaccination or Spay/Neuter Clinic: The cost includes staff,vaccinations, and
microchips, free to constituents with a two hundred (200) animal cap per
event. The clinics are billed on actual use.
b.Education Outreach Event: The cost to staff an outreach event for the purpose
of educating CITY constituents. The outreach events are billed on actual
use.
B-IRV#4820-7789-3877 v27
•
Agreement No. 21-004
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 Quantity Amount Total Yearly Monthly
Installments
Animal Control Officer .05 $106,423 $106,423 $8,869
(Half-Time)
Overtime(Estimated)** 120 hrs. $142.12/hr. $17,054 $1,421
Animal Sheltering* 120 $25.80/day $30,960 $2,580
Wildlife Impounds* 8 $138/ea. $1,104 $92
Deceased Animal Pick-Up 79 $70/ea. $5,530 $461
and Disposal*
Operation&Maintenance* 120 $10.44/ea. $1,253 $104
License Processing Fee** 1,128 $10.26/ea. $11,573 $964
Total Cost Estimate $173,897 $14,491
*Yearly cost estimate based on statistics provided by CITY of its prior year's impound rate of
approximately 120 stray dogs and cats per year,based on an average length of stay of ten(10)
kenneling days. CITY will be billed based on actual statistics each month.
**Overtime and license processing are estimated based on prior year's statistics. This fee will be
billed based on actual usage.
City shall be provided with actual impound statistics each month that detail the number of
animals impounded and the number of kenneling days. Rates are established by the Board of
Supervisors and are subject to change as approved by COUNTY from time to time.
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. Collection of License Fees
CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain ten dollars
($10.26)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 credit to CITY the net amount of license
fees collected for each month. For purposes of this Agreement,the net amount of license fees
C-IRV#4820-7789-3877 v21
Agreement No.21-004
shall mean the total amount of license fees collected in a month less the sum total of$10.26 per
each canine license issued and shall be separate and apart from the monthly compensation rate
due and payable by the CITY as set forth above in Section A.
C. 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 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.
D. Optional Services at City's Request
1.Vaccination or Spay/Neuter Clinic: 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. Billed on actual use.
2. Education Outreach Event: The cost for staff an outreach event for the purpose of educating
CITY constituents. Billed on actual use.
C-IRV#4820-7789-3877 v22