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HomeMy WebLinkAboutItem No. 14 - Animal Friends of the Valleys AgreementCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 22-252 Agenda Date: 6/28/2022 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 14) Agreement for Animal Control Services with Animal Friends of the Valley 1.Authorize the City Manager to execute a Professional Services Agreement with Animal Friends of the Valleys (AFV) to provide animal control services in an amount not to exceed $252,000.00 in such final form as approved by the City Attorney; and 2.Authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $25,200.00. Page 1 City of Lake Elsinore Printed on 6/23/2022 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Brendan Rafferty, Fiscal Officer Date: June 28, 2022 Subject: Agreement for Animal Control Services with Animal Friends of the Valleys Recommendation 1. Authorize the City Manager to execute an Animal Control Services Agreement with Animal Friends of the Valleys, Inc. (AFV) to provide animal control services, in such final form as approved by the City Attorney; and 2. Authorize the City Manager to approve reimbursements for additional services as needed (contingencies) in an amount not to exceed $25,200 (10%) annually. Background The City of Lake Elsinore has contracted with AFV to provide a full range of animal control services to safeguard the health and safety of its citizens and domestic animals for nearly 30 years. These services include field services, after-hours emergency response, humane treatment of animals, public education, and enforcement of animal control municipal codes. AFV also provides animal sheltering which is governed by a separate agreement. The City’s animal sheltering services are covered by an agreement with the Southwest Communities Financing Authority (SCFA) administered by Riverside County on behalf of the City and our neighboring cities. Cost for animal control field services are based on the number of animal control officers committed to the City plus back-up when necessary, cost for vehicle mileage, other infrastructure costs, after hour calls and vet expenses. In 2018, the City Council approved the amendments of Chapter 6.04 and Chapter 6.06 of the existing municipal code regarding Animal Control Officers and Mandatory Spaying, Neutering and Microchipping, respectively. In 2020, the City of Lake Elsinore increased the City’s service level to one and a one-half officers through a proposed cost sharing method with AFV that reduced the overall cost for the City. This Professional Services Agreement with AFV June 28, 2022 Page 2 included working with AFV to implement some cost recovery strategies including an improved citation collection program, 90-day amnesty program, first offense warning citation for animal barking, veterinarian outreach, canvassing, and utilizing distinct outreach strategies. Discussion Due to the City’s current and projected future growth, the City seeks to contract for additional services with AFV to provide animal control field services through June 30, 2025. The new agreement will increase the current level of service from one and one-half Animal Control Officers to two (2) Animal Control Officers at a cost of $21,000.00 per month or $252,000.00 for the first fiscal year and subject to increases for inflation up to 2.5% annually in later years. In addition, AFV shall receive and retain all revenues collected for licensing and citation fees collected on behalf of the City in the performance of the animal control services and shall submit a full organizational wide reconciliation of all services provided and all revenues collected, including licensing and citation fees and payment for services remitted by the City at the end of each Fiscal Year during the Term. Any costs for service that are not covered by such revenues will be paid as a one-time payment by the City. Any revenues collected by AFV that exceed the total cost for service shall be returned to the City as credit toward future services or programs Fiscal Impact Approval of this agreement will cost the City $21,000 per month ($252,000 annually) and is included in the Fiscal Year 2022/2023 Operating Budget. Exhibits A – Agreement for Animal Control Services B – Scope of Services @BCL@B419532F AGREEMENT FOR ANIMAL CONTROL SERVICES Animal Friends of the Valleys, Inc. Animal Control Services This Agreement for Animal Control Services (the “Agreement”) is made and entered into as of June 28, 2022, 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 services 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. C. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such services as set forth in the Agreement. 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 July 1, 2022, and shall remain in effect until June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement (the “Initial Term”). The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed two (2) additional twelve (12) month renewal terms (each, a “Renewal Term”) by giving written notice to Contractor not less than thirty (30) days before the expiration of this Agreement, such notice to be exercised by the City Manager. The Initial Term together with any Renewal Term are hereinafter referred to as the “Term.” 2. SERVICES. Contractor shall perform the services and tasks described in Contractor’s Proposal dated June 10, 2022 attached hereto as Exhibit A and incorporated herein. Contractor’s Proposal shall constitute the Scope of Services. 3. PERFORMANCE. Contractor shall at all time faithf ully, 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. COMPENSATION AND PAYMENT. a. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees and cost set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. Contractor shall receive and retain all revenues 2 collected for licensing and citation fees collected on behalf of the City in the performance of the animal control services provided pursuant hereto which revenues shall be credited to the City as set forth in the Contractor’s Proposal. In addition, City shall pay Contractor a fixed monthly payment for services in the amount of twenty-one thousand dollars ($21,000) with annual compensation not exceed two hundred fifty two thousand dollars ($252,000) for fiscal year 2022/2023 which is thereafter subject to adjustment for inflation as provided in Contractor’s Proposal. Additional compensation is subject to written authorization from the City Manager. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflater or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. b. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. c. Year-End Reconciliation. At the end of each Fiscal Year during the Term, Contractor shall submit a full organizational wide reconciliation of all services provided and all revenues collected, including licensing and citation fees and payment for services remitted by the City. Any costs for service that are not covered by such revenues will be paid as a one-time payment by the City no later than forty-five (45) days after receipt of the Fiscal Year-end reconciliation. Any revenues collected by the Contractor that exceed the total cost for service shall be returned to the City as credit toward future services or programs. 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. 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 3 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 Contr actor 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 t o 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. 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 4 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: $1,000,000 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 sha ll 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: 5 (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. 6 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 proje ct 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 admiss ions 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 me an 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 (I) 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, 7 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 To Contractor: Animal Friends of the Valleys ATTN: Executive Director 33751 Mission Trail Wildomar, CA 92595 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 co mpensation 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. 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 deem s material. The attached Exhibits A through E are incorporated herein. 8 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. [Signatures on next page] 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates as written below. CITY: CITY OF LAKE ELSINORE, a municipal corporation Date: Jason Simpson, City Manager Attest: Candice Alvarez, MMC, City Clerk Approved as to Form: Barbara Leibold, City Attorney CONTRACTOR: ANIMAL FRIENDS OF THE VALLEYS, a California nonprofit corporation Date: By: Tammi Boyd, President EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] Animal Friends of the Valleys, Inc. Proposal Prepared for the City of Lake Elsinore Animal Control Services Animal Friends of the Valleys, Inc. Animal Friends of the Valleys, Inc. - 1 - Table of Contents Page ❖ Understanding ……………………………………………….……………………. -1- ❖ Methodology and Scope of Work …………………………………………… -1- ❖ Company and Organization …………………………………………………… -5- ❖ Organization & Staffing ……………………………………………………….. -7- ❖ Additional Information ….……………………………………………………. -8- ❖ Acceptance of Conditions and Agreement and Insurance ………… -8- ❖ Compensation Schedule (Exhibit A) ………………………………………. -9- ❖ Priority of Field Services (Exhibit B) ………………………………………. -10- Animal Friends of the Valleys, Inc. Proposal Animal Control The City of Lake Elsinore Animal Friends of the Valleys, Inc. - 2 - 1. Understanding Animal Friends of the Valleys (AFV) is desirous of providing a full range of animal control services to Lake Elsinore (City). AFV’s purpose is the safeguarding of 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 the city ordinances relating to animal control. 2. Methodology and Scope of Work (a) Field service assistance. Respond to all calls for field service assistance in accordance with the priority of call policy as described in Exhibit B, attached hereto. The animal control officers will stagger the times and days that they are in the city to give the best coverage for Lake Elsinore. The hours of service per week will total a minimum of 80 hours of field service. Assist law enforcement, fire department, and Fish & Game as requested and in extreme situations that arise such as the removal of vicious dogs in drug raids, cock fighting, organized dog fighting, evacuation of animals during disasters, etc. Investigate and pursue action on complaints of public nuisances, leash law violations, and barking dog complaints. Hold hearings in compliance with municipal codes regarding public nuisances and potentially dangerous/vicious animals. Animal Friends of the Valleys, Inc. - 3 - (b) Impoundment. Impound all animals picked up at large and collect such impound fees as may be established from time to time by resolutio n of the City Council. (c) Proper Care and Treatment. Provide care and treatment to any stray or abandoned animal in accordance with the provision of Penal Code of the State of California 597.1, 597e, and 597f. (d) Animal Bites. Investigate reported animal bites. AFV may initially receive animal bite reports by telephone, but shall respond in person to all reported bites by dogs, cats or by suspected rabid or wild animals. As part of the investigation, AFV 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(ies) to trap the suspected animal(s). AFV shall contact and interview the bite victim (or the victim’s parent or guardian in the case of a minor) as part of the bite investigation procedure. Bite reports shall indicate who reported the bite incident. (e) Quarantine. Quarantine, as prescribed by State Law and Ordinances, all animals suspected to be rabid and/or that have bitten a person or other animal. Animals may be quarantined at home with a mandatory three time visit by an animal control officer or at the shelter in accordance with policy, at the officer discretion. All animals shall receive proper veterinary care and proper nutrition. AFV shall comply with and complete the annual report of local rabies control activities to the county and the state as required for the City. (f) Stray Animal Complaints. 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 Department and contract law enforcement provider for assistance with animal related situations. (g) Barking Dog Complaints. Respond to and process barking dog complaints (public nuisances) in accordance with city ordinance. Hold public nuisance hearings for barking dog complaints that have failed to be abated. (h) Dead Animals. Remove dead animals from the public right-of-way within City limits and from other areas upon request. In the event that such animal is on a state highway, AFV shall immediately call CALTRANS for the removal of such animal. (i) Trapping. Assist city residents in the removal of domestic or wild animals from privately owned traps within twenty four (24) hours of being notified. Trapping may not be performed on Friday or Saturday. Assist city residents in the setting of, trapping and removal of domestic and wild animals from public and private property within five (5) days. Animal Friends of the Valleys, Inc. - 4 - (j) Traps. AFV will advise, assist and may set traps and provide a trapping program for an animal at large or a wild animal on public or private property. AFV may provide traps for a rental fee to City residents or City may purchase traps to be used only for city residents. All traps will be available to city residents on a first come, first served basis. AFV shall not be required to stay on the property and monitor the trap unless Animal Control feels there is a danger to human or the animal’s life. (k) Return of Impounded Animals. AFV encourages the return of any lost/stray animal to the rightful owner in the field, subject to the appropriate payment of impound fees. AFV Officers and staff will make every effort to reunite each stray animal to their owner. (l) Licenses for Dogs, Kennels, and Catteries. AFV shall continue to implement a comprehensive licensing program including conducting dog license inspections. AFV shall issue dog licenses with appropriate proof of rabies vaccinations. AFV shall issue licenses to operate dog kennels and catteries within City, subject to approval of the City for land use and zoning requirements for said facilities, and collect fees in connection therewith. AFV shall provide all forms and tags for such licenses. All fees collected for dog licenses and penalties shall be accounted for by AFV. These fees will be retained by AFV as part of the flat monthly fee. AFV will be responsible for sending out license renewal letters for individual dogs. AFV will be responsible for keeping the license database current for City residents regarding their dog licenses. AFV will be responsible for sending out cattery and kennel license renewals and performing all inspections of the premises. AFV shall verify dog license status when responding to requests for service or when responding to complaints. The Animal Control or Humane Officer, as part of said officer’s regular animal control duties will conduct license inspection activities during animal control investigations so as to ascertain the number of unlicensed dogs, to license such dogs and gain compliance with license requirements. AFV will provide a verification system whereby owners can verify the status of their animal’s license by telephone, email or online access portal. (m) Issuance of Warning and Citations. AFV will enforce all appropriate provisions of the ordinance including the issuance of notices of violations or citations as necessary for violations of the provisions of said ordinance or state law. Such revenue generated would be credited against the cost of the field service contract and reflected on each invoice for services on a monthly basis. Animal Friends of the Valleys, Inc. - 5 - (n) Service to the Public. AFV will provide service to the public on all animal matters consistent with established policies and procedures that promote courteous and efficient service and good public relations. AFV personnel are trained to be pro-active when in the field. The Officers are trained to resolve animal related problems on the first attempt. AFV officers receive a minimum of forty (40) hours training annually. A request for service slip will be filled out on each complaint received. It will indicate: 1. Date and time the call was received; 2. Caller’s name, address and phone number; 3. Address in which the complaint is against; 4. Description of the complaint; and 5. Time and officer’s name the call was dispatched to. The officers complete a daily log. Each call is logged on the daily with the time that they arrived, left the call, and the outcome of the call. The logs are turned in at the end of each shift to the animal control supervisor. The information is available to the City and the public at all times. Service calls are received by the AFV dispatcher. The dispatcher contacts the officer via Nextel radio. The officer prioritizes calls as they are received. Calls will be handled on a priority basis in accordance with Exhibit B. The animal control officers will transport animals in animal control vans or trucks that provide both air conditioning, ventilation and heating to the animal compartments to keep the animals comfortable. The animal control vehicles are equipped with amber lights, spotlights and a beacon for safety. AFV will provide all equipment necessary for the officers in the field including, but not limited to: a. Humane traps (dog, cat, raccoon) b. Snake tongs c. Ketch-alls-6’, 5’ and 3’ d. Tranquilizer rifle e. Pole syringe f. Nets g. Shovels h. Plastic bags i. Food and water supplies for animals onboard Animal Friends of the Valleys, Inc. - 6 - j. Blankets and towels k. Nextel radios for communication l. Flashlights m. PPE equipment n. Tranquilizer (Anased) o. Sodium Pentobarbital p. Leashes q. Appropriate forms and paperwork r. Carriers After hour calls are received by a local answering service. The calls are then dispatched to the on-call officer. In the event that the phone system at the shelter should be inoperable for a period , the calls received from the public will be transferred to and answered by the local answering service and dispatched to the officers. (o.) Responding to Crowing Fowl Complaints. AFV will handle crowing fowl calls as a public nuisance. AFV will handle calls accordingly. (p.) Responding to Non-Vector Related Animal Calls. AFV will not provide vector control for rats, mice, etc. AFV will provide information to the public for vector control, bee keeping, etc. AFV will trap and remove skunks, opossums, raccoons, etc. (q.) Potentially Dangerous Dog Hearings. AFV will notify the dog owner(s) and the public of upcoming potentially dangerous dog hearings. AFV will conduct the hearings and make a determination based on the facts presented at the hearing. AFV will send the Order After Hearing to all participants that attending the hearing. AFV will set the guidelines for the keeping of said animal (if the dog is deemed potentially dangerous). AFV will continue to monitor the situation to ensure the guidelines are being adhered to. If the guidelines are not adhered to AFV will impound the animal for public safety and petition the courts for a menacing dog hearing to determine the fate of the animal. (r.) Public Nuisance Hearings. AFV will notify the pet owner and the public of upcoming public nuisance hearings. AFV will conduct the hearings and will make a determination based on the facts presented at the hearing. AFV will send an Order After Hearing within 10 days to the pet owner and all parties that attended the hearing. (s.) Animal Cruelty / Neglect Complaints. AFV will respond immediately to all reports of animal cruelty or neglect. AFV will proceed under Penal Code 597 to prosecute all persons found to be abusing/neglecting animals. AFV will file all charges and appear in court as necessary to assist the District Attorney in the prosecution. Animal Friends of the Valleys, Inc. - 7 - 3. Company and Organization Animal Friends of the Valleys is a non-profit 501(c)3 organization. AFV was formed in 1987 for the purpose of promoting humane care of animals. AFV has been providing animal control and shelter services to the City of Lake Elsinore since October 1, 1988. AFV has sheltered the animals for Riverside County Animal Control Services (RCAC) from Corona to the San Diego border since October 1, 1988. Over the last 32 years, AFV has been awarded the animal control and sheltering contract for the Cities of Lake Elsinore, Canyon Lake, Wildomar, Menifee, Murrieta, and Temecula. AFV has provided animal control and sheltering for the Pala tribal hall. AFV is currently providing animal control and sheltering on an as-needed basis with the Pauma, Rincon & Pachanga Indian tribal halls. AFV has a seven-member board of directors. AFV currently employs eighty-eight (88) full and part time dedicated employees. The animal control officers all attend the humane training academy and have all satisfied the requirements prescribed by the Commission on Peace Officer Standards and Training under Penal Code 832. AFV has a proven track record with over thirty-five (35) years successful experience in the operation of an animal shelter. Last year AFV cared for over 8,822 dogs and cats in the shelter and served an area population of over 450,000 people. AFV provides animal control services to the cities of Canyon Lake, Lake Elsinore, Menifee, Murrieta, Temecula, and Wildomar. Those services include, but are not limited to, enforcement of ordinances, impounding, quarantining, and isolating animals that have bitten, humane home and shelter euthanasia, licensing animals and providing databases of information about these animals. AFV currently operates two locations. The AFV Low Cost Spay/Neuter Clinic is located at 29001 Bastron Ave. in Lake Elsinore, California. The animal shelter is located at 33751 Mission Trail, Wildomar, California. The contracted cities and county receive a direct financial benefit of the nonprofit function of AFV through our humane education, monthly low cost vaccination clinic, low income food giveaway and spay/neuter programs that are offered without additional costs to the cities and county. These programs are funded with donations made by AFV’s generous charitable donors and fundraising efforts. AFV maintains a database of information regarding animals and thei r owners. All information required to license an animal is entered into a fully computerized system Animal Friends of the Valleys, Inc. - 8 - that tracks the owner, animal, license and rabies information where it can be easily accessed. Animal control officers and supervisors keep a log of time that is spent on each city’s services. The animal control department enters all calls that are received along with the outcome of the calls on the computerized system. All monies are collected and deposited into a local bank with backup paperwork filed. Monthly financial statements are prepared in conformity with generally accepted accounting principles in the United States of America. 4. Organization and Staffing Upper management is limited and consists of an Executive Director, Chief Animal Control Officer, Animal Care Intake & Center Managers, Client Services Supervisor, and Director of Donor Development. In 2021, the shelter was supported by 4,740 enthusiastic volunteers, who contributed over 14,921 hours of their time for the animals. The officers rotate between all of the cities that AFV serves. AFV employs ten (10) animal control officers, three (3) dispatchers, one (1) ACO Support, and four (4) licensing, collection and citation clerks. QUALIFICATIONS OF STAFF: Chief Monique (Mo) Middleton Executive Director/Chief Animal Control Officer (AFV 18 years) Prior to her employment with AFV, Ms. Middleton was the office manager and lead veterinary technician for Sunnymead Animal Hospital for 22 years. She has extensive knowledge of animal husbandry, proper handling, and restraint of all animals, disease control, and proper animal care. For the past 18 years, Ms. Middleton has been employed by AFV. She held the position of animal control officer until 2010 when she was appointed as the Field Operations Supervisor/ Hearing Officer and in 2017, Chief Animal Control Officer. As part of animal control, she is responsible for on-site officer training and currently oversees a dept of ten animal control officers, dispatch, licensing and citations. She is certified in euthanasia, asp/baton and Oleoresin Capsicum Defense Spray, and chemical capture. Chief Middleton is also the Executive Director for AFV. She accepted this position in October of 2021 after a nationwide search, during which time she was acting as Interim Executive Director for AFV. Animal Friends of the Valleys, Inc. - 9 - 5. Additional Information: From July 1, 2020 to June 30, 2021, AFV sold 3,511 licenses totaling $114,231 and collected $32,780 in citations and notices of violations within the City jurisdiction, to offset the contract costs. During this same period, AFV has driven 29,769 miles, responded to 4,910 regular calls totaling 2,940.5 hours and 616.75 hours in after hour calls. 6. Acceptance of Conditions and Agreement and Insurance AFV accepts all conditions listed in the request for proposal. AFV will provide quality animal control services. AFV will provide personnel that is trained, qualified and authorized to enforce all laws, rules and regulations, operate all necessary equipment, be certified as required by law, recognize animal breeds, diseases and injuries, and shall be competent to administer first aid in the field. AFV maintains public liability and property damage insurance for not less than $1,000,000 per occurrence, $1,000,000 personal and injury, $2,000,000 general aggregate. AFV maintains automobile liability insurance in the amount of $1,000,000. Said insurance is through CorMarc Insurance, 25220 Hancock Ave. #230, Murrieta, CA 92562. AFV maintains Workers Compensation insurance through CompWest, P.O. Box 40790, Lansing, MI 48901. AFV officers, employees and agents of AFV, will work in an independent capacity and not as officers or employees of City. Exhibit A Compensation Schedule Field Services: Two designated animal control officers for a total of sixteen hours per day for coverage for the City. After hour calls including nights, weekends, and holidays. Administrative costs (such as, but not limited to, hearing officer, attending meetings, complaint resolution, etc.) Two animal control vehicles, fuel, maintenance, etc. Pick up of Livestock Animal Friends of the Valleys, Inc. - 10 - Veterinarian Services: Emergency veterinarian services (as needed). Fee to be passed on based on charge from negotiated pricing from veterinarian. Estimated Cost: AFV estimates animal control services including field services, licensing, and veterinarian services to be estimated at: The total estimated cost for services for fiscal year 2022-2023 is $412,500. The estimated cost for service is $34,375 per month. The City will pay a flat monthly charge with AFV retaining all licensing/citation fees collected to offset the difference based on the following schedule: July 1, 2022 to June 30, 2023: $21,000 per month The amount that City shall pay to Contractor for Fiscal Year 2023 -2024 shall be calculated as follows: the amount listed for Fiscal Year 2022-2023 plus the percentage change in the Annual Consumer Price Index for Urban and Clerical Workers (CPI -W) for all items in Riverside-San Bernardino-Ontario, CA for the prior calendar year as compared to the Annual CPI-W of two calendar years prior. In no event can this amount exceed 2.5% over the amount City pays to Contractor for Fiscal Year 2022 -2023. This amount will not exceed $21,525 per month. If the percentage change in the CPI-W is less than 0%, the fee shall remain the same as Fiscal Year 2022-2023. The amount that City shall pay to Contractor for Fiscal Year 202 4-2025 shall be calculated as follows: the amount listed for Fiscal Year 2023-2024 plus the percentage change in the Annual Consumer Price Index for Urban and Clerical Workers (CPI -W) for all items in Riverside-San Bernardino-Ontario, CA for the prior calendar year as compared to the Annual CPI-W of two calendar years prior. In no event can this amount exceed 2.5% over the amount City pays to Contractor for Fiscal Year 202 3-2024. This amount will not exceed $22,063 per month. If the percentage change in the CPI-W is less than 0%, the fee shall remain the same as Fiscal Year 2023-2024. Animal Friends of the Valleys, Inc. - 11 - Exhibit B 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 Animal Friends of the Valleys, Inc. - 12 - e. Permit investigations f. Humane investigation- non life threatening g. Public nuisance investigations