HomeMy WebLinkAboutItem No. 11CITY OF
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REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: JANUARY 11, 2011
SUBJECT: AGREEMENT FOR ANIMAL CONTROL FIELD
SERVICES
Background
The City's old agreement with Animal Friends of the Valleys (AFV) for animal control
services expired on June 301h and has been extended on a month-to-month basis until
a new agreement was created. The expired agreement combined sheltering and field
services, whereas the new agreement is specifically for animal control field services.
Animal Sheltering services are covered by a separate agreement with the Southwest
Communities Financing Authority.
Discussion
Below is a summary of the Agreement for Animal Control Field Services.
• Expires June 30, 2013
• City's Annual Cost for AFV Field Services:
o FY'10-11 = $204,200
o FY't1-12 = $210,300
o FY'12-13 = $216,600
• Increased level of AFV Field Services provided to the City:
o Animal Control Officer to work 8 hours per day at 5-days per week = 40
hours/week.
o Specifies minimum 4 hours per week canvassing neighborhoods for
unlicensed animals.
• AFV to retain supplemental revenue from animal license fees and late charges,
estimated in the range of $110,000 to $160,000 over the next three years.
• City to make base monthly fixed payment in the amount of $7,850 ($94,200
annually) to AFV over the term of the agreement.
• City to retain revenue from citation fees to prevent incentivizing citations.
• AFV to perform an end of year accounting, then invoice or refund the City the
difference in Total Annual Revenue to AFV minus Annual Cost for Services.
o Total Annual Revenue to AFV defined as the sum of the City's base
payments for services plus supplemental revenue from animal license
and late charges collected by AFV during the fiscal year.
AGENDA ITEM NO. 11
Page 1 of 24
Animal Control Field Services
Page 2of4
January 11, 2011
Ultimately, the City will have a total of three (3) agreements regarding Animal
Control, as described below:
1. Joint Powers Agreement - The Southwest Communities Financing Authority
(SCFA) was created to finance the capital construction of the new Animal
Shelter. The City of Lake Elsinore is a member agency of the SCFA.
2. Animal Shelter Operations Agreement - Agreement between SCFA and
Animal Friends of the Valleys to operate the new Animal Shelter.
3. Agreement for Animal Control Field Services (Proposed) between the City of
Lake Elsinore and Animal Friends of the Valleys.
The City's overall cost for Animal Control services is projected to rise substantially
during the current fiscal year with the opening of the new Animal Shelter. However,
the City has an opportunity to significantly reduce its percentage of the capital debt
service and operating expenses for the Animal Shelter in future years by reducing
the number of animals housed at the facility on an annual basis.
Below is an excerpt from the Joint Powers Agreement creating SCFA, in which
member agency's funding obligations are calculated on the percentage of animals
housed at the facility during the previous calendar year.
SECTION 7. FISCAL OBLIGATIONS OF THE MEMBERS
It is the intent of the members of SCFA that the following fiscal obligations shall be agreed upon
for all members:
(a) Debt repayment of any bonds issued by SCFA - shall be paid by each member based on the
percentage of animals boused at the facility, on an annual basis.
(b) Administration costs of the SCFA - includes, but not limited to the following items: stipends,
legal fees, audit, costs, administrative fee, mileage reimbursement- shall be borne equally by all
members of SCFA.
(c) Operation of animal shelter - shall be paid by each member based on the percentage of
animals housed at the facility, on an annual basis,
(d) Determination of the percentages for sub-sections (a) and (c) shall be made on an annual basis
in January based on the usage information received for the preceding calendar year. 'The percentages
shall be designated for calculation starting July I" of that same calendar year.
Page 2 of 24
Animal Control Field Services
Page 3 of 4
January 11, 2011
The City's percentage of animals housed at the new shelter and associated cost is
anticipated to decrease by relocating the new shelter outside the City limits.
Additional percentage reduction and cost savings may also be obtained by
increasing the weekly hours for Animal Control Officers. City Staff believes a
positive feedback loop may exist between increasing the number of weekly hours an
Animal Control Officer devotes to canvassing neighborhoods for pet licensing and a
reduced number of unclaimed animals housed at the shelter. Therefore, the
proposed Agreement for Animal Control Field Services reflects an increase in the
weekly hours worked by an Animal Control Officer from 25 to 40 hours per week.
In reference to the attached spreadsheet, the City's total variable costs for the
"Annual Debt Repayment" plus "Annual Housing Costs" for the full fiscal year 2010-
2011 equals $503,712. Given the City's population is 50,983 people, then the City's
variable costs per capita equals $9.88 per person. In contrast, the cities of Murrieta
and Temecula variable costs per capita are $3.33 and $2.97, respectively.
The population of all the member cities of SCFA is 300,631 people. Assuming the
County and the "Out of Area" share of the variable costs remain constant and all
other factors being equal, the average variable costs per capita for all cities equals
$4.80 per person for FY'10-11. Therefore, if the City of Lake Elsinore can reduce
the number of animals housed at the facility on an annual basis equivalent to the
average variable costs per capita, then the City's potential annual cost savings
would equal $258,994.
The cities of Murrieta and Temecula contract with AFV to provide 60 hours per week
for an Animal Control Officer(s). The annual cost for increasing from 40 to 60 hours
per week for Animal Control Officer(s) is approximately $73,500. City Staff doubts
the actual cost savings will justify the added expense ($73,550) to increase to 60
hours per week for an Animal Control Officer(s). City Staff suspects the overriding
factors of relocating the shelter outside the City limits and increasing the weekly
hours for Animal Control Officer from 25 to 40 hours per week is sufficient to
substantially reduce the City's percentage of the number of animals housed per year
at the new shelter to realize the cost savings.
Fiscal Impact
Approval of this agreement will obligate the City to allocate the following amounts
from the General Fund Revenue for the next three fiscal years to provide Animal
Control Field Services:
• FY'10-11 = $204,200
• FY'11-12 = $210,300
• FY'12-13 = $216,600
Page 3 of 24
Animal Control Field Services
Page 4 of 4
Recommendation
January 11, 2011
Approve the Agreement for Animal Control Field Services, subject to minor
modifications as approved by the City Attorney and authorize the City Manager to
execute the document.
Approved by: Pat Kilroy, Director
Lake, Parks & Recreation Department
Approved by: Robert A. Brady, City Manager
Attachments:
• 2009 Animals Received SCFA Member's Percentages - Pie Chart
• AFV Proposed Cost for 2010-2011 for New SCFA Animal Shelter
Agreement for Animal Control Field Services
Page 4 of 24
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Page 6 of 24
ANIMAL FIELD SERVICES AGREEMENT
BETWEEN THE CITY OF LAKE ELSINORE
AND ANIMAL FRIENDS OF THE VALLEYS, INC.
THIS AGREEMENT is dated for identification purposes only as of November 1,
2010, between the City of Lake Elsinore, a municipal corporation ("City") and Animal Friends of
the Valleys, Inc. a nonprofit corporation ("Contractor").
WHEREAS, the City desires Contractor to provide a full range of animal control
activities for the purpose of safeguarding the health and safety of the population of the City of
Lake Elsinore and the health and safety of its domestic animals, and for the purpose of
promoting the humane treatment of animals and the stimulation of public support for
enforcement of City ordinances relating to animal control; and
WHEREAS, Contractor has the ability to provide such services;
In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. TERM. This Agreement shall commence on January 1, 2010, and shall
remain in effect until June 30, 2013, unless sooner terminated pursuant to the provisions of this
Agreement (the "Term").
2. SERVICES. Contractor shall perform the services and tasks described in
the Scope of Services as set forth in Exhibit A, attached hereto and incorporated herein as
though set forth in full.
3. PERFORMANCE. Contractor shall at all time faithfully, competently and
to the best of his or her ability, experience, and talent perform all tasks described herein.
Contractor shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. REVENUE AND PAYMENT.
a. Base Monthly Payment. In consideration of the Contractor's performance
of the services as provide herein, the City agrees to pay Contractor a base monthly payment of
$7,850 during the Term.
b. Supplemental Payment. In additional consideration of the Contractor's
performance of the services as provide herein, Contractor shall be responsible for collecting and
retaining all charges and all fees as provided in the Fee Schedule, as set forth in Exhibit B,
attached hereto and incorporated herein as though set forth in full, provided, however, that if the
annual aggregate of the Base Monthly Payments and the annual aggregate of the Supplemental
Payment together exceed the Service Payment Threshold for the applicable Fiscal Year (July 1
through June 30) as set forth in subpart (c the City shall be entitled to receive such excess
sums as (i) a credit against future Base Monthly Payments or, (ii) a cash payment remitted to
the City.
C. For purposes of this Agreement, the Service Payment Threshold for each
Fiscal Year shall be as follows:
July 1, 2010 until June 30, 2011: $204,200
1 P a NT c Pagel of 24
July 1, 2011 through June 30, 2012: $210,300
July 1, 2012 through June 30, 2013: $216,600
For purposes of determining the Service Payment Threshold for Fiscal
Year 2010-11, the parties agree to include the payments made and the service and fee charges
collected for the period of July 1, 2010 through December 31, 2010 pursuant to that certain
Animal Field Services Agreement Between the City of Lake Elsinore and Animal Friends of the
Valleys, Inc., dated as of March 25, 2008.
C. Contractor shall be responsible for collecting all penalties and/bail
collected in connection with the issuance of citations Animal Control Officers for violation of the
Lake Elsinore Municipal Code except those citations to which an appeal is taken. Contractor
shall remit all such monies to the City and shall refer all appealed citations to the City for further
administration in order to assure compliance with applicable due process and State laws.
d. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Contractor at the time City's written authorization
is given to Contractor for the performance of said services. The City Manager may approve
additional work up to Ten Thousand Dollars ($10,000.00) annually. Any additional work in
excess of this amount shall be approved by the City Council.
e. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the tenth and twentieth business day of each month, for
services provided in the previous month. The invoice shall also contain a report of all revenues
collected by Contractor along with a summary description of the source of such revenues and
an accounting of any available credit pursuant to subpart (b). Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of
contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice
of any disputed fees set forth on the invoice.
5.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement, such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF CONTRACTOR.
2 11:1 a , Page 8 of 24
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor shall have (10) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In
the event that the Contractor fails to cure its default within such period of time, the City shall
have the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
7. DEFAULT OF CITY. If the Contractor determines that the City is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
City with written notice of the default. The City shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
City fails to cure its default within such period of time, the Contractor shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS.
a. Contractor shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Contractor shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts there from as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Contractor. With respect to computer files containing data generated for the
work, Contractor shall make available to the City, upon reasonable written request by the City,
the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
G. With respect to the design of public improvements, the Contractor shall
not be liable for any injuries or property damage resulting from the reuse of the design at a
location other than that specified in Exhibit A without the written consent of the Contractor.
3 (Page Page 9of24
9. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against
any and all claims, demands, losses, defense costs or expenses, including attorney fees and
expert witness fees, or liability of any kind or nature which the City, its officers, agents and
employees may sustain or incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of Contractor's negligent or wrongful acts or
omissions arising out of or in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Contractor shall procure and maintain
for the duration of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the work hereunder by
the Contractor, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Contractor owns no automobiles, a non-owned auto endorsement
to the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has
no employees while performing under this Agreement, worker's
compensation insurance is not required, but Contractor shall
execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident
for bodily injury or disease.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers; or the Contractor shall
4 P a g e Page 10 of 24
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and
completed operations of the Contractor; premises owned,
occupied or used by the Contractor; or automobiles owned,
leased, hired or borrowed by the Contractor. The coverage shall
contain no special limitations on the scope of protection afforded
to the City, its officers, officials, employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance or
self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
5 11 a e Page 11 of 24
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed
of all local, State and Federal ordinances, laws and regulations which in any manner affect
those employed by it or in any way affect the performance of its service pursuant to this
Agreement. The Contractor shall at all times observe and comply with all such ordinances,
laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Contractor in performance of this Agreement
shall be considered confidential and shall not be released by Contractor without City's prior
written authorization. Contractor, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Contractor gives City notice of such court
order or subpoena.
b. Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Contractor and/or be present at any
deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Contractor. However, City's right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (1) personal service,
(ii) delivery by a reputable document delivery service, such as but not limited to, Federal
Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address
of the party as set forth below or at any other address as that party may later designate by
Notice. Notice shall be effective upon delivery to the addresses specified below or on the third
6 1 f' a U Page 12 of 24
business day following deposit with the document delivery service or United States Mail as
provided above.
To City: City of Lake Elsinore
ATTN: City Manager
130 South Main Street
Lake Elsinore, CA 92530
(951) 674-3124
To Contractor: Animal Friends of the Valley
ATTN: Executive Director
33751 Mission Trail
Wildomar, CA 92595
(951) 674-0618
15. ASSIGNMENT. The Contractor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment
for actual services performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the City Council and the Contractor.
16. LICENSES. At all times during the term of this Agreement, Contractor
shall have in full force and effect, all licenses required of it by law for the performance of the
services described in this Agreement.
17. GOVERNING LAW. The City and Contractor understand and agree that
the laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with geographic jurisdiction over the City of Wildomar In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing party, as
determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation
expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City of
Wildomar shall have any financial interest, direct or indirect, in this Agreement, the proceeds
thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or
for one year thereafter. The Contractor hereby warrants and represents to the City that no
officer or employee of the City of Wildomar has any interest, whether contractual, non-
contractual, financial or otherwise, in this transaction, or in the business of the Contractor or
Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the
event any such interest is discovered whether or not such interest is prohibited by law or this
Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the obligations of the parties described in this
Agreement. All prior or contemporaneous agreements, understandings, representations and
statements, oral or written, are merged into this Agreement and shall be of no further force or
effect. Each party is entering into this Agreement based solely upon the representations set
forth herein and upon each party's own independent investigation of any and all facts such party
deems material.
7I1>agc, Page 13 of 24
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Contractor warrants and represents that he or she has
the authority to execute this Agreement on behalf of the Contractor and has the authority to bind
Contractor to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY
CITY OF LAKE ELSINORE, a municipal
corporation
Robert A. Brady, City Manager
Attest:
Carol Cowley, Interim City Clerk
Approved As to Form:
Barbara Leibold, City Attorney
CONTRACTOR:
ANIMAL FRIENDS OF THE VALLEY, a
nonprofit corporation
Administrative Office:
33751 Mission Trail
Wildomar, CA 92595
(951) 471-8344
Shelter:
22951 Bastron Ave.
Lake Elsinore, CA 92530
(951) 674-0618
By:
Kristine Anderson, President
By:
Marcene Carre, Secretary
8 I > ,z 4 Page 14 of 24
EXHIBIT A
SCOPE OF SERVICES
1. Services To Be Provided. Contractor shall operate a complete animal control program
for the City consisting of field services and licensing. Contractor will provide one Animal Control
Officer and a fully equipped vehicle for the City of Lake Elsinore's animals. The Animal Control
Officer will be serving the City of Lake Elsinore 8 hours per day, 5 day per week, as well as
emergency calls after hours, on weekends and holidays.
In the conduct of this program, Contractor shall perform the following specific functions:
(a) Enforcement. Enforce all applicable provisions of the Lake Elsinore Municipal
Code (Animal Control) as it exists on the date of this Agreement pertaining to
animals, including the issuing of warning notices or citations as necessary for
violations of such Ordinances. In the event the Municipal Code is amended and the
amendments would substantially alter the duties and responsibilities of Contractor
under this Agreement, the parties hereto agree to meet and in good faith
renegotiate those terms and conditions of this Agreement affected by such
amendments.
(b) Impound. Impound all animals caught at large.
(c) Quarantine. Quarantine as prescribed by law all animals suspected to be rabid.
(d) Complaint Investiaation & Resolution. Investigate and pursue action on
complaints and/or reports of potential violations of Municipal Code relating to
animals, including unnecessary noise, in accordance with such procedures adopted
by the City; respond to requests from the fire and law enforcement provider for
assistance with animal related situations.
(e) Dead Animals. Remove dead animals from the public right-of-way within City
limits and from other areas upon request.
(f) Potentially Dangerous/Vicious Animals In accordance with the Lake Elsinore
Municipal Code, identify potentially dangerous and/or vicious animals and initiate
the administrative or legal process for their control.
(g)Trapping & Removal. As limited by subsection (b) above, respond to requests for
assistance in the trapping and removal of domestic or wild animals, including
coyotes and skunks, from public or private property. Contractor will offer advice in
setting a trap in any enclosed space and will remove an animal caught in a trap, but
shall not be required to move belongings, climb trees, crawl under houses, or so
forth, or to maintain on-premises surveillance unless in the Officer's or his or her
supervisor's opinion there is a direct, clear and present danger to human life or
injury. Contractor will provide traps but will not be required to provide vector control.
Contractor shall charge a fee for traps.
Page 15 of 24
(h) Dog and Cat Licensing.
(i) Contractor shall implement a comprehensive licensing program including
conducting dog and cat license inspections. Area-wide canvassing will be
conducted as part of the field service activity for not less than 4 hours per week.
Contractor shall administer the current licensing provision of the Lake Elsinore
Municipal Code. See Exhibit C
(ii) Dog and cat licenses shall be issued by mail, at the Animal Shelter, at
Contractor's administrative office, at vaccination clinics and by Animal Control
Officers in the field. Contractor shall send renewal notices by mail to owners of
currently licensed dogs and cats, and shall send an application for licensing when
requested by owners.
(iii) Contractor shall, at Contractor's expense, provide the forms and tags for such
licenses, and shall affix a professionally prepared sign at the Animal Shelter, stating
applicable fees for licensing for the City.
(iv) Contractor shall collect all license fees and penalties on behalf of the City, issue
receipts for all such fees collected and keep copies thereof. In order to retain and
enhance the services provided by Contractor, Contractor shall retain all dog and cat
license fees.
(v) Contractor shall pursue collection, if appropriate, to recover any fraudulent,
delinquent or worthless payment received as payment for dog licenses issued,
including reasonable late fee penalties as provided in the Fee Schedule.
(vi) Contractor shall cancel any dog or cat license issued for which invalid. payment
was received, and give notice of such cancellation to the licensee.
(vii) Contractor shall maintain such records in such form as required by the City's
Director of Administrative Services so as to provide for proper cash management
and for review and audit of the monies collected. Contractor shall furnish the City a
monthly report detailing the licensing activities.
(i) Animal Bites. Investigate reported animal bites. Contractor may initially receive
animal bite reports by telephone, but also shall respond in person to all reported
bites by dogs or other suspected rabid or wild animals. Contractor shall take
appropriate steps consistent with the circumstances of each separate incident to
locate and quarantine the suspected animal(s) and/or assist the complained and/or
injured party or parties to trap the suspected animal(s).
(j) Disposition of Unclaimed Animals. After notice and hearing as required, provide
euthanasia service in a humane manner in accordance with procedures approved
by the City Manager for unlicensed animals held in accordance with Food and
Agriculture code 31108, 31752, 31754 if these animals are not reclaimed by their
owner and are deemed unsuitable by Contractor for adoption.
Page 16 of 24
(k) Clinics. Make all necessary arrangements and conduct at least two (2) one-day
clinics for rabies vaccination and licensing of dogs each year which are open to City
residents and which may be located in the City, or may be held in conjunction with
the City of Lake Elsinore. See Exhibit D
(1) Field Services. Assign one field service officer appointed as Animal Control
Officer as provided in Paragraph 1. Routine field services will be provided as
necessary within the hour limitation of this Agreement. The numbers of hours per
week include, but are not necessarily limited to routine mobile patrols, investigative
and rescue time, court appearances and impoundment of dangerous, wild, injured
or loose animals. CONTRACTOR shall assign a sufficient number of field service
employees to duty at all times to meet the requirements of this Scope of Services.
Contractor shall provide service of eight (8) hours per day during such hours as
approved by the City Manager. Telephone service for members of the public shall
be not less than eight hours per day on a schedule approved by the City Manager.
Unless otherwise determined by the City Manager, the following hours are deemed
approved by the City Manager:
Field Service 8:00 a.m. to 4:45 p.m. Mon-Fri
Telephone Answering Dispatch 8:00 a.m. to 4:00 p.m. Mon-Fri
Emergency response shall be available 24 hours per day; seven days per week as
described in subparagraph (m). Contractor shall advise fire and law enforcement
authorities serving the City of Lake Elsinore of the telephone numbers to access its
services and shall cooperate with such authorities in developing the procedures
necessary to provide after hours services. Priority of Field Service, See Exhibit E.
(m) After-Hours. Provide a field service person either on duty or on call after regular
hours as necessary to respond to emergency calls. The City and Contractor agree
that any incident reported to Contractor or City staff, through the fire or law
enforcement provider involving a dangerous, wild or stray injured animal,
constitutes an emergency and requires immediate action by Contractor. When the
City Manager or his or her designee has reason to believe that an animal control
emergency exists, the Manager or his or her designee shall notify Contractor and
request a prompt response. If Contractor fails to respond to such request within a
reasonable time or fails to respond at all, the City shall request in writing that
Contractor send to the City a written explanation giving the reason(s) for the delay
in responding or the failure to respond. Contractor's written explanation shall be
submitted to the City Manager within two (2) working days from the date of the
request for emergency service. The Agreement and the provisions herein shall not
be construed to limit the interpretation of what constitutes an emergency and/or the
need for a priority response. The following examples are illustrative of the need for
an immediate response from Contractor.
(1) Requests to remove a wild, dangerous or injured animal or animals from an
inhabited place or vehicle;
(2) Reported animal bites involving loose animals; and,
Page 17 of 24
(3) Livestock, fowl or game birds being attacked or killed by dogs or other
animals.
(n) Public Relations. Provide service to the public on matters covered in this
Agreement consistent with established policies and procedures that promote
courteous and efficient service and good public relations. Other policies and
procedures notwithstanding, Contractor in processing any type of complaint or
request for service will indicate to the caller when a response can be expected from
Contractor and how Contractor will respond. In the event an in-person response is
appropriate to the specific situation, Contractor shall make such response by the
end of the following business day. This provision shall be subordinate to shorter
time limits specified elsewhere in this Agreement.
(0) Complaints Regarding Service. Cooperate with the City to resolve any and all
complaints filed with Contractor and/or the City pertaining to services provided
under this Agreement. The City shall submit to Contractor in writing all complaints
filed with the City concerning services provided by Contractor under this
Agreement. Contractor shall report monthly in writing to the City the number of
complaints received by Contractor directly or indirectly through the City pertaining to
quality of service(s) provided under this Agreement.
(P) Legal. Coordinate with City and City Attorney any inspection warrants impounds
or potential dangerous/vicious animal hearings or court actions.
(q) Records. Maintain and keep timely, complete and accurate records of the
receipt and disposition of all animals delivered into its custody. Contractor will file a
report with the law enforcement provider within twenty-four (24) hours if an
impounded animal is missing or suspected to have been stolen. Contractor shall
indicate on the police report the circumstances of the animal's disappearance and
make available to the City Manager the designated report or file number.
(r) Communications Equipment. Contractor agrees to provide radio equipment and
frequency as necessary for effective performance of its obligations hereunder and
in order to provide law enforcement backup for its field personnel.
(s) Other Equipment. Contractor shall provide all vehicles and equipment necessary
for the performance of this Agreement and shall be responsible for maintenance of
such vehicles and equipment, including the installation and removal of the paging or
radio equipment described in Paragraph (q) of this Section. Contractor shall be
responsible for all costs relating to theft, vandalism, or destruction of said
equipment by fire, accident or intentional acts.
(t) Personnel & Supplies. Contractor shall provide all personnel, supplies, and
equipment necessary for the efficient and effective operation of the animal control
services and programs provided for herein, including, but not limited to Animal
Control Officers, clerical staff, license tags and forms, citation forms, notices and all
necessary envelopes and postage. Animal Control Officers will complete the
Page 18 of 24
required animal control training program, or its equivalent, and such other training
as may be required by law, before being issued a badge and given the authority to
perform Animal Control duties. Contractor shall provide citations and door tags.
(u) Attendance at Meetings. Provide input and coordination on amendment of City
animal control fees and ordinances and shall attend City Council and other City
meetings as required or requested to do so.
(v) Sheltering of livestock, fowl. poultry. Contractor shall shelter all livestock, fowl
and poultry at a facility agreed upon by both parties.
2. Coordination. Contractor's Executive Director and the City Manager shall meet as agreed
to discuss Agreement performance.
3. Reporting
(a) Contractor shall furnish the City monthly reports detailing field, licensing and
identification activities, including a summary of the utilization of field service
employees' hours required in Section 1 above and the records required by Section
1(P).
(b) Contractor shall maintain and keep records of all expenditures and obligations
incurred pursuant to this Agreement and all income and fees received according to
generally recognized accounting principles. Such records shall be maintained by
Contractor for a minimum of four (4) years following the termination of this
Agreement unless a lesser period is approved in writing by the City Manager. The
records and/or animal control operations of Contractor shall be open to inspection
and audit by the City or its authorized representative as is deemed necessary by
the City upon reasonable notice to Contractor. Contractor shall provide the City a
copy of Contractor's full Annual financial statement immediately upon completion
thereof, but in no case later than six (6) months after the close of each fiscal year.
4. Contractor shall also implement the following programs on a continuing basis:
(a) Public School presentations
(b) Spay/neuter subsidy programs for low income persons (when funds are available)
(c) Ordinance review and changes aimed at ending pet overpopulation
(d) Animal Rescue Plan for domestic animals during disaster
(e) State Humane Officer services
5. In addition, Contractor will consult with the City and on any policy/procedure that affects
Lake Elsinore animals, which shall be approved by the City Manager prior to
implementation.
Page 19 of 24
EXHIBIT B
FEE SCHEDULE
Contractor shall utilize the following fees and charges consistent with Section 6.04.020 of the
Lake Elsinore Municipal Code:
Effective Date
Effective Date
Effective Date
October 1 st, 2010
October 1 st, 2011
October 1st, 2012
DOG LICENSE FEES
Altered 1 year (Std Price)
$20.00
$25.00
$30.00
Altered 2 year
$35.00
$44.00
$53.00
Altered 3 year
$50.00
$63.00
$75.00
Senior Citizen /Altered 1 year
$8.00
$8.00
$8.00
Senior Citizen/ Altered 2 year
$10.00
$10.00
$10.00
Senior Citizen/ Altered 3 year
$12.00
$12.00
$12.00
Unaltered 1 year (Std Price)
$65.00
$80.00
$100.00
CAT LICENSE FEES
Altered 1 year (Std Price)
$8.00
$10.00
$12.00
Altered 2 year
$14.00
$18.00
$21.00
Altered 3 year
$20.00
$25.00
$30.00
Senior Citizen /Altered 1 year
$5.00
$5.00
$5.00
Senior Citizen/ Altered 2 year
$6.00
$6.00
$6.00
Senior Citizen/ Altered 3 year
$7.00
$7.00
$7.00
Unaltered 1 year (Std Price)
$60.00
$65.00
$75.00
ADMINISTRATIVE FEES/PENALTIES-
Late Penalty (Std Price)
$20.00
$20.00
$20.00
Late Penalty Senior/Altered
$16.00
$16.00
$16.00
Replacement Tag
$10.00
$10.00
$10.00
Transfer
$10.00
$10.00
$10.00
Duplicate
$10.00
$10.00
$10.00
MISCELLEANOUS LICENSE FEES
"Vicious Dog" registration fee
(in addition to license fee
$100.00
$100.00
$100.00
Kennel/catte / et shop
Pet shop
$100.00
$100.00
$100.00
Commercial cattery
$400.00
$400.00
$400.00
Commercial kennel
$400.00
$400.00
$400.00
Noncommercial kennel
$200.00
$200.00
$200.00
Noncommercial catte
$200.00
$200.00
$200.00
Late fee - 50% of the applicable one-year license fee.
'Senior Citizen Discount for age 62 and older.
Page 20 of 24
Effective Date October
1st, 2010
IMPOUND FEES (Per Occurrence)
Dog Altered-1 st time (Std Price)
$40.00
Dog Altered-2nd time
$60.00
Dog Altered-3rd time
$100.00
Senior Citizen w/Altered-1st time
$20.00
Senior Citizen w/Altered-2nd time
$40.00
Senior Citizen w/Altered-3rd time
$80.00
Dog Unaltered-1st time
$40.00
Dog Unaltered-2nd time
$60.00
Dog Unaltered-3rd time
$100.00
Cat Altered-1st time
$40.00
Cat Altered-2nd time
$60.00
Cat Altered-3rd time
$100.00
Cat Unaltered-1st time
$40.00
Cat Unaltered-2nd time
$60.00
Cat Unaltered-3rd time
$100.00
Vicious Dog -1 st time
$60.00
Vicious Dog -2nd time
$100.00
Vicious Dog -3rd time
$120.00
Noisy Animal -1st time
$60.00
Noisy Animal -2nd time
$100.00
Noisy Animal -3rd time
$120.00
BOARDING (Daily Fee)
Dogs or cats
$15.00
Sheep,swine,horse,cattle,goats
$15.00
Fowl, rodents, reptiles, amphibians
$7.00
Additional fees:
Home quarantine - 3 visits required
$90.00
Shelter quarantine
$120.00
Owner assist calls
$30.00
Transportation cost per mile
$0.50
Man-hours per hour during business hours
$60.00
Pickup of livestock, per head
$50.00
Impound, after hours and response calls
$90.00
Use of trailer, per load
$25.00
Fee for declared vicious dog
$100.00
Refundable spay/neuter fee - Adoptions
Cats
$50.00
Dogs
$50.00
Page 21 of 24
EXHIBIT C
CANVASSING PROTOCOL
1. While performing field services officers are to check for current rabies vaccinations for all
dogs and cats over the age of 4 months.
2. If the person has been in the City for less than 30 days or if their pet is under 4 months
of age, issue a Notice of Violation. This will give the person time to vaccinate and
license their pet.
3. If a pet owner is home and has animals that are unvaccinated and unlicensed issue an
administrative citation. This will allow 15 days for compliance.
4. If a pet owner is not home but has animals that are unvaccinated and unlicensed issue
and post an administrative citation if you know their first and last name. This will allow
15 days for compliance. If you do not know their name, issue and post a Notice of
Violation.
5. If a person has received at least 3 Notice of Violations and or administrative citations
and has not complied, issue a court citation.
6. Officers and staff need to inform the public of the low cost vaccination clinic that is
offered in the Main Street Park in Lake Elsinore on the 3rd Saturday of each month from
1:30 - 3:30 p.m.
7. Officers and staff need to inform the public of any low cost spay/neuter programs that
are currently being offered and refer to low cost clinics.
Page 22 of 24
EXHIBIT D
VACCINATION CLINIC PROTOCOL
Contractor is responsible for applying for the annual permit at the City of Lake Elsinore
Contractor's staff will arrange the registration line, licensing line and veterinarian ramp
in such a manner as to not interfere with any other event that is occurring at the park.
All dogs must be on leashes and controlled by an adult capable of controlling the dog.
All cats must be on a leash or confined in a carrier
Dog and cat licensing will be available to the public during the clinic
Educational material will be available to the public
Two "at cost" rabies clinics will be held per year in accordance with state law.
Contractor has provided "at cost" rabies vaccinations at every clinic. The rabies shot is
currently being offered for $6.00.
The clinics are to be held the 3`d Saturday of each month from 1:30 - 3:30 p.m.
Page 23 of 24
EXHIBIT E
PRIORITY OF FIELD SERVICES
1. Animal bites involving loose animals
2. Dangerous / suspicious animal endangering the health or safety of persons
3. Injured, sick stray animals
4. Rattlesnake calls
5. Sheriff, public agencies requesting assistance
6. Humane investigation involving immediate threat to the animals life
7. Livestock at large
8. Strays running at large
9. Confined stray animals
10. Owner relinquished animals
11.Vaccination / license inspections
12. Barking dogs
Page 24 of 24