HomeMy WebLinkAbout14-294 Approval of Animal Control Field Services AgreementCITY OF
LA E erllo)"WLSMOKE
? DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES, CITY MANAGER
DATE: SEPTEMBER 23, 2014
SUBJECT: Approval of Animal Control Field Services Agreement
Recommendation
It is recommended the City Council approve the proposed Animal Control Field Services
Agreement and authorize the Mayor to execute the agreement between the City of Lake
Elsinore and Animal Friends of the Valleys, subject to any minor modifications approved
by the City Attorney.
Background
The City of Lake Elsinore has contracted with Animal Friends of the Valleys (AFV) to
provide a full range of animal control services for the purpose of safeguarding the health
and safety of the population of the City and its domestic animals for approximately 26
years. This includes both animal control sheltering and field services, which are governed
by separate agreements. The City's existing agreement for animal control field services
expired June 30, 2014 and has been extended on a month -to -month basis. The City's
animal sheltering services are covered by a separate agreement with the Southwest
Communities Financing Authority.
In 2011, the City began making base monthly payments to AFV over the term of the field
services agreement. As a result, AFV remits all City animal license fees, late charges and
citation fees to the City.
The proposed agreement was reviewed and recommended for approval by the Public
Safety Advisory Commission on June 18, 2014. At that time, minor changes were
proposed and have been incorporated into the agreement. These changes included
requiring additional reporting and /or supporting materials related to the remittance of
license fees, penalties and bail amounts to the City.
Animal Control Field Services Agreement
September 23, 2014
Page 2 of 3
Discussion
On August 26, 2014, the City Council voted to postpone a vote on the proposed Animal
Control Field Services Agreement. At this time, the City's existing contract was extended
on a month -to -month basis.
The Mayor has requested that this agreement be brought forward again to the City
Council for consideration in order to move forward with expanding existing animal control
field services and to ensure continuity in service. The dates in the attached Animal Control
Field Services Agreement have been updated appropriately. No additional changes have
been made to the agreement since it was presented to the City Council in August.
The proposed animal control field services agreement includes a variety of services, as
outlined in Exhibit A of the agreement, including eight (8) hours of active animal control
officer patrol hours per day, after hour calls, licensing, mileage, and vet services.
Currently, the City contracts with AFV for five (5) hours of animal control field services per
day. AFV believes this is inadequate to provide the service needed in our rapidly growing
City and has recommended the City consider increasing its field service hours to 12 hours
per day. However, due to the cost associated with increased field service hours, staff is
proposing the addition of three (3) hours per day for a total of eight (8) hours per day at
an additional cost of $4,940 more per month. The increased service hours will allow AFV
to provide a more proactive approach to lowering the number of animals coming into the
shelter through increased animal field services such as canvasing and education in the
field. Under the agreement, all license fees, late charges and citation penalties collected
by AFV will be remitted directly to the City on a monthly basis.
The term of the Animal Control Field Services Agreement is for three (3) years from
July 1, 2014 through June 30, 2017. The proposed costs will increase by 2.5 percent per
year. The attached agreement is currently in draft form and any minor revisions must be
approved by the City Attorney's office.
The City currently has three different agreements regarding animal control. This year, the
City is seeking ways to reduce its high costs for animal control in the long -term. In an
attempt to do so, the City is participating in a Regional Coordinated Marketing Program,
additional contracted animal control hours and reduced licensing fees effective
July 1, 2014 to help promote improved animal control measures within the City.
As part of the Regional Coordinated Marketing Program, the Southwest Communities
Financing Authority's member agencies are leveraging existing resources to educate and
Animal Control Field Services Agreement
September 23, 2014
Page 3of3
increase public awareness throughout the region about important pet ownership
measures including licensing, spay and neutering, and microchipping to reduce pet
overpopulation and adoptable euthanasia. As part of these efforts, the City has allocated
$10,000 for free spay and neuter vouchers and $2,500 for reduced cost microchipping.
AFV is matching these allocations.
Fiscal Impact
The City budgeted $835,427 for Fiscal Year 2014 -2015 for animal control sheltering and
field services. This approved budget included the additional costs for increased animal
control field services hours. The proposed cost for the next three years is as follows:
Fiscal Year 2014 -2015: $19,640.00 per month beginning October 1, 2014
Fiscal Year 2015 -2016: $20,131.00 per month ($241,572 annually)
Fiscal Year 2016 -2017: $20,634.28 per month ($247,611 annually)
Prepared by: Nicole Dailey, Management Analyst
Approved by: Grant Yates, City Manager
Attachments: Animal Control Field Services Agreement
ANIMAL CONTROL FIELD SERVICES AGREEMENT
BETWEEN THE CITY OF LAKE ELSINORE
AND ANIMAL FRIENDS OF THE VALLEYS, INC.
THIS ANIMAL CONTROL FIELD SERVICES AGREEMENT (the "Agreement ") is dated
for identification purposes only as of September 23, 2014, by and between the City of Lake
Elsinore, a municipal corporation ( "City ") and Animal Friends of the Valleys, Inc., a California
nonprofit corporation ( "Contractor ").
RECITALS
A. 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.
B. Contractor has the ability to provide such services;
AGREEMENT
In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. TERM. The term of this Agreement shall commence on October 1, 2014, and
shall remain in effect until June 30, 2017, 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 its 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. Fixed Monthly Payment to Contractor. In consideration of the
Contractor's performance of the services as provide herein, the City agrees to pay Contractor a
Fixed Monthly Payment as follows:
Fiscal Year 2014 -2015:
$19,640.00 per month beginning October 1, 2014
Fiscal Year 2015 -2016:
$20,131.00 per month ($241,572 annually)
Fiscal Year 2016 -2017:
$20,634.28 per month ($247,611 annually)
b. Additional Work by Contractor. Contractor shall not be compensated for
any services rendered in connection with its performance of this Agreement which are in
Animal Field Services Agreement - Updated Sept. 2014CC FINAL
addition to those set forth herein, unless such additional service qualifies for reimbursement
under one of the following:
(i) Additional work authorized in advance and in writing by the City
Manager. Contractor shall be compensated for such additional services
in the amounts and in the manner as agreed to by City Manager and
Contractor. The City Manager may approve additional work up to Ten
Thousand Dollars ($10,000.00) annually. Any additional services in
excess of this amount shall be approved by the City Council.
(ii) Additional work at the specific request of the City Manager, his or her
designee, and /or a law enforcement or fire protection official during an
emergency situation. Contractor shall be compensated for such
additional services at rates consistent with the provision for services
herein and Contractor's actual costs.
(iii) Additional work necessitated by unforeseen non - emergency
circumstances that, in the best professional judgment of Contractor,
require an Animal Control Officer to work more than the scheduled 8
hours per day in order to address matters of public need or for the sake of
efficient administration of the services as provided herein. Such non -
emergency additional work shall not exceed $11,700 in Fiscal Year 2014-
2015, $12,000 in Fiscal Year 2015 -2016, and $12,300 in Fiscal Year
2015 -2016.
C. Billing. Contractor will submit invoices monthly for services performed,
which should include a summary of the services provided each month. Invoices shall be
submitted between the tenth and twentieth business day of each month for services provided in
the previous month. 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.
d. Remittance of Licensing Fees, Bail for Citations, and Penalties to City.
Contractor shall be responsible for collecting all animal licensing fees (as set forth in Animal
Control Fee Schedule, Exhibit B, and as may be amended by the City), bail collected in
connection with the issuance of citations by Animal Control Officers (as set forth in the Lake
Elsinore Municipal Code and as may be amended by the City), and penalties as related thereto.
Contractor shall remit all such monies to the City on a monthly basis and shall refer all appealed
citations to the City for further administration in order to assure compliance with applicable due
process and State laws. Monthly remittances shall include supporting documentation such as a
register, subsidiary ledger and /or listing for each of the major revenues including licensing fees,
penalties and citation amounts collected.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
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 cease all work
under this Agreement at the end of the ten (10) day notice period, unless the notice provides for
a later date. 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.
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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.
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
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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.
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.
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(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
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
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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.
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.
I.
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 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 Valleys
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 Lake Elsinore 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 Lake Elsinore
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 its tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or
employee of the City of Lake Elsinore 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.
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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. The
attached Exhibits A through E are incorporated herein.
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 on the dates as written below.
Date:
Attest:
Virginia Bloom, City Clerk
Approved as to Form:
Barbara Leibold, City Attorney
Date:
CITY:
CITY OF LAKE ELSINORE, a municipal
corporation
Natasha Johnson, Mayor
CONTRACTOR:
ANIMAL FRIENDS OF THE VALLEYS,
California nonprofit corporation
Kristine Anderson, President
Date: By:
Name:
Its: Secretary
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. Except as provided
under Section 4b of the Agreement, the Animal Control Officer will be serving the City of Lake
Elsinore 8 hours per day, 5 days per week.
In the conduct of this program, Contractor shall perform the following specific functions:
(a) Enforcement. Enforce 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 Investigation & 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.
(h) Dog and Cat Licensing.
(i) Contractor shall administer the current licensing provision of the Lake Elsinore
Municipal Code, consistent with the fee schedule and canvassing protocol as
provided in Exhibit B and 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.
(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) Reserved.
(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, and following the vaccination protocol
set forth in 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 and shall provide such services
consistent with the priority of services set forth in Exhibit E. 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. .
(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,
(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.
(o) 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 as may be reasonable necessary 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 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.
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 related
animal control 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. Additional Services /Programs.
programs on a continuing basis:
(a) Public School presentations
Contractor shall also implement the following
(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) Humane Officer Services
5. In addition, Contractor will consult with the City on any policy /procedure that affects Lake
Elsinore animals, which shall be approved by the City Manager prior to implementation.
EXHIBIT
ANIMAL CONTROL FEE SCHEDULE
Contractor Sh8U utilize the foUUvVOg fees and charges consistent with Section 6.04.020 of the
Lake Elsinore Municipal Code:
DOG LICENSE FEES
CANYON LAKE
LAKE ELSINCIRE:
MURRJETA
TEMECULA
WILDOMAR
MEMFEE
COUNTY
S20-00
$725-00
S50.00
SA-Do
$10,00
S100-00
Altered 2)P-ar
$20.00
$20-00
$20M
$2,1100
$15zD
WAI
Altered 3 year
$25M
1$25-00
$25.03
$25-00
$19LD
r1VA
Unaftered 1 year
$50.W
S50.00
$35-0
$5.0.00
$50-03
NIA
Senior Citzen/Altffed I year
$&00
S&00
$8-DID
S8.00
$61-01
NfA
Senior Citze-ni Altered 2 year
$10m
$10.00
$10.0D
$10,00
$7-130
NAA
Pot, dangerotm reg�annual
$75.00
50.00
SOLD
$100,00
$10UND
NIA
k;
-=7
-71,717-
--T,=
Altered I year
NIA
7,5711
S10-00
$15-00
$150-00
$6-00
-7 =A
Aftered 2 year
NIA
WA
WA
WA
WA
WA
Altered 3 year
NIA
NIA
WA
PVA
WA
NZA
Unaltered 3 year
NIA
KPA
WA
NIA
NIA,
WA
Senior Citizend Altered 2 year
WA
WA
WA
P-VA
NIA
WA
CANYON LAKE
LAKE ELSINORE
MURPJETA
TEMECULA
WILDOMAR
MENIFEE
COUNTY
du FEE5
S60.00
$40-00
SFJO-00
�40M
W.00
$100-00
S120-00
Clog Aftered-2nd time
S60.00
SIOJO-00
$30.0D
$60.00
$60LD
S90-00
Dog Unakered-Ist time
$40.00
$30.00
$30,00
$41D.00
$4,0-GD
S40.00
Dog, Unaltered-2nd time
$60.Uo
SAOM
$40.93
$6u'.00
$60-M)
ssom
Dog Unaltered-23rd time
$Ioaco
$50-00
$50.W
MOLD
$100.09
$1 SOLD
Cat Alteered-2nd time
$60.00
SMOO
$30.0D
$610WD
$60-3D
S90.00
Cat Unaltered-1 st time
$40LO
$moo
$30.0D
$40M
$40LD
WILD
Cat Unaltered-2nd time
$60.00
W-00
$40.09
$61-10.00
$R- OLID
Cat Unafteneed-3rd time
$1DG.00
$50-00
$50.00
$100-00
$1 DROD
$IKM
PoisyAninizil - 3rd tinie
$0.&D
SOLD
$0-30
S-ILOD
EXHIBIT B
ANIMAL CONTROL FEE SCHEDULE
CITY FINES
CAWON LAKE
LAKE ELSH
URRIETA
-TEMECULA
MLDOIAAR
ME FEE
COUNTY
Female dog�cat in heat-PAI-rlst
$0.0D
$30-00
$50.00
S70-OD
S30,00
$30.011
S0.00
$0.00
"ZO-00
FemaJe do ?cat in heat-PAL-2nd
$0.05
S50-00
$50.00
$0.00
$0,0c,
MOD
in heat-RAL-3rd
$O.W
VD-00
$70.W
$0.00
$0,00
SOM
sloaul)
t-AKE ELSINORE
MURPJETA
TEMECULA
MLDOMAR.
MENFEE
COUNTY
STATE FINE 414 ADDITI,
CAWON LAKE
Feiwiie dog!= urdt,-red 4ZA.L-1st
$90.00
-=,Oo
S50.00
$-Iouo
$90.00
$ j).Go
=7717
$77,
$35.00
Feir-its- d,-,g;= unAtereal -R.AL--'Ind
$50.co
S50-00
$ 5 0. ac,
$510.00
$-r000
S50-00
Fr-rr,ak-- 6 = urdtsred -P.AL-3rd
$100.00
$100-00
$100.33
$100,00
$100.0ri
$100.00
. . . ....... -"1j-C,-A-N,,-Y-0-NLAKE
..... ........ ...
LAKEELSINORE.
MURR ETA
:ll
7��P
MLGOMAR
MENIFEE
COUNTY
see
2 ND CITATION
3 RD CITATION
DAYS TO CORRECT UC-
76,,- `100
Up to 751s J7 ibs
--TM. =10 7-100-00
LAKEELSINOf
S--00.00
S250.00
15
$45.01)
THIS IS A MINIMUM FEE
-125 1 over 125 1
$112. 00
$15-00
STOD
$10-00
$7-90
$1
$12-Purd
$12,00
J"TL-
$5M
s7f M
$1,G
515,00
$5-011,;
S5.00
'si rA.00
$100.01)
1
LAKE ELSINCW&
MURMETA
-TT=
TEMECULA
-7
VOLD01AAR
-TT=L
MEN FEE
WA 1
5
21
10
$109M
$120.00
$90-00
S10.00
=L
sloaul)
T-l=
Quaranfiiie - Horne
$10am
$1,00-011
$100-00
MOM
$100.0D
$1M.00
After Hours 12 nd Officer
$90.00
$.90_0()
$90.00
$ j).Go
$90.00
� bu uj
6,7T"T
5yrs+
77,
Sr. ST.
"T
s
I Rescu
A - 0
- - --- ON FEES
2 months
-5
see
2 ND CITATION
3 RD CITATION
DAYS TO CORRECT UC-
76,,- `100
Up to 751s J7 ibs
--TM. =10 7-100-00
LAKEELSINOf
S--00.00
S250.00
15
$45.01)
THIS IS A MINIMUM FEE
-125 1 over 125 1
1
1$12b + per pounO ovar
C04JNTY
--
UETA
TEMECULA
-77777-
VVILDOMAR
-7-0.00
MENIFEE
J"TL-
$50,.=-
=j,
-1.0i)
$1x0.10
'si rA.00
$100.01)
1
N
3-W
$250,C10
$25-100
$250.03
WA 1
5
21
10
21
tv" I
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.
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 3rd Saturday of each month from 1:30 — 3:30 p.m.
EXHIBIT E
PRIORITY OF FIELD SERVICES
An Animal Control Officer will respond to medical emergencies and other emergencies involving
danger to humans within 30 minutes or less during regular service hours, Monday through
Friday, 8:00 a.m. - 5:00 p.m. and within 60 minutes or less after regular service hours, on
Saturdays and Sundays and holidays. Response time to non - emergency calls will be within 24
hours. Barking dog and public nuisance complaints will be handled within 72 hours.
Emergency calls - During regular service hours
PRIORITY ONE: To be handled immediately.
a. Animals endangering health or safety of the public
b. Aggressive stray animals at large
c. Animal bites, involving animals at large
d. Sheriff, police, fire request for emergency service
e. Animal cruelty /neglect complaints
PRIORITY TWO:
a. Sick or injured stray animals
b. Animals in distress
c. Humane investigation -life threatening
d. Livestock or equine at large
PRIORITY THREE:
a. Dead animals on public property
Emergency calls & after regular service hours - To be handled immediately:
a. Animals endangering health or safety of the public
b. Sheriff, police, fire request for emergency service
c. Aggressive stray animals at large
d. Animal bites, involving animals at large
e. Sick or injured stray animals
f. Animals in distress
g. Humane investigations- life threatening
Non - emergency calls
a. Impound of confined stray animals
b. Quarantine of confined, owned animals
c. Quarantine release of biting animals
d. Leash law enforcement
e. Permit investigations
f. Humane investigation- non life threatening
g. Public nuisance investigations