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HomeMy WebLinkAboutItem No. 10 - Agreement for Animal Control Services with Animal Friends of the Valleys10)Agreement for Animal Control Services with Animal Friends of the Valleys Approve and authorize the City Manager to execute an Animal Control Services Agreement with Animal Friends of the Valleys, Inc. (AFV) in an amount not to exceed $271,376.52 for Fiscal Year 2025-26 for animal control services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed 10% contingency of $27,137.65 for uncertainties and adjustments Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Bailey MacLean, Management Analyst Date:May 27, 2025 Subject:Agreement for Animal Control Services with Animal Friends of the Valleys Recommendation Approve and authorize the City Manager to execute an Animal Control Services Agreement with Animal Friends of the Valleys, Inc. (AFV) in an amount not to exceed $271,376.52 for Fiscal Year 2025-26 for animal control services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed 10% contingency of $27,137.65 for uncertainties and adjustments. Background The City of Lake Elsinore has contracted with AFV to provide a comprehensive range of animal control services, safeguarding 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 services, which are 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. The cost for animal control field services is based on the number of animal control officers committed to the City, plus backup when necessary, vehicle mileage costs, other infrastructure costs, after-hours calls, and veterinary expenses. In 2018, the City Council approved amendments to Chapters 6.04 and 6.06 of the existing municipal code regarding Animal Control Officers and Mandatory Spaying, Neutering, and Microchipping, respectively. Animal Control Services Agreement Page 2 of 2 1 8 3 1 In 2020, the City of Lake Elsinore increased the City's service level to one and a half officers through a proposed cost-sharing method with AFV, which reduced the overall cost for the City. This included working with AFV to implement various cost recovery strategies, including an improved citation collection program, a 90-day amnesty program, a first-offense warning citation for animal barking, veterinarian outreach, canvassing, and utilizing distinct outreach strategies. In 2022, the City of Lake Elsinore entered into a revised agreement with Animal Friends of the Valleys (AFV) that increased the number of dedicated Animal Control Officers from 1.5 to 2. The updated cost-sharing model established a flat monthly rate for services while allowing AFV to retain revenues from licensing and citations to help offset overall program costs. This structure provided the City with a more predictable budget and ensured consistent service levels. Discussion The City of Lake Elsinore has contracted with Animal Friends of the Valleys (AFV) to provide animal control field services through a long-standing partnership. The current agreement, which expires on June 30, 2025, establishes a monthly payment model that is updated annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI- W) in the Riverside-San Bernardino-Ontario region. AFV retains revenues from licensing and citations as a form of cost recovery. To ensure continuity of services, City staff has prepared a new agreement to extend these services through Fiscal Year 2027–2028. The proposed agreement maintains all existing service levels and contract terms, including field enforcement, licensing, public outreach, and coordination with veterinary services. The annual CPI-based adjustment ensures that the contract remains responsive to economic conditions while supporting the City's commitment to effective and reliable animal control services. Fiscal Impact Approval of this agreement will incur a cost of $22,615 per month ($271,376.52 annually) to the City and is included in the Fiscal Year 2025–2026 Operating Budget. The agreement includes CPI-W-based increases for the following two fiscal years, capped at 2.5% annually. The monthly cost shall not exceed $23,180 per month ($278,161 annually) for Fiscal Year 2026–2027 and $23,760 per month ($285,115 annually) for Fiscal Year 2027–2028. If the CPI-W shows an adverse change in any given year, the monthly rate will remain flat from the prior year. Attachments Attachment 1 – Agreement Exhibit A – Scope of Services and Payment Schedule City Manager's Office 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 May 27, 2025, 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, 2025, and shall remain in effect until June 30, 2028, 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 May 22, 2025, attached hereto as Exhibit A and incorporated herein. Contractor’s Proposal shall constitute the Scope of Services. 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. 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 @BCL@B419532F 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-two thousand, six hundred fourteen and seventy- one cents ($22,614.71) with annual compensation not to exceed two hundred seventy-one thousand, three hundred seventy-six and fifty-two cents ($271,376.52) for fiscal year 2025-2026 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 Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. DEFAULT OF CITY. If the Contractor determines that the City is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the City with written notice of the default. The City shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the City fails to cure its default within such period of time, the Contractor shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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 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: 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 project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (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 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. 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. 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] 1 Animal Friends of the Valleys May 22, 2025 EXHIBIT A Tasks to be Performed/Scope of Work The specific elements (scope of work) of this service include: Contractor shall operate and provide an animal control program for the City of Lake Elsinore consisting of, but not limited to, field services and licensing. Animal Friends of the Valleys will provide 2 full-time Animal Control Officers, fully equipped vehicles, and shelter transport for the City of Lake Elsinore animals. The Animal Control Officers will be serving the City of Lake Elsinore 16 hours per day, 5 days per week, as well as, after hours, weekends and emergency calls. Within this program, Contractor shall perform the following specific functions: a. Enforcement: Enforce all applicable provisions of the Lake Elsinore Municipal Code (Animal Control) and the Southwest Communities Financing Authority (SCFA) Memorandum of Understanding as it applies to sheltering requirements, as it exists during the term of this Agreement, including but not limited to: issuing of warning notices or citations as necessary for violations of such Ordinances. In the event, the City Municipal Code is amended, and such amendments would substantially alter the duties and responsibilities of Contractor under this Agreement, the parties hereto agree to meet and in good faith re-negotiate those terms and conditions of this Agreement affected by such amendments. b. Sheltering: Animals are to be sheltered exclusively at the Southwest Animal Shelter in accordance with Southwest Communities Financing Authority (SCFA) standards. c. Impound: Impound all animals caught at large and collect all impound fees assessed on behalf of the City; accept stray animals brought in by private citizens; provided, however, that identified, vaccinated, spayed, or neutered cats shall be released as required by the Lake Elsinore Municipal Code. d. Quarantine: Quarantine as prescribed by law all animals suspected to be rabid. e. 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 City Code Enforcement Department, County Fire Department, and contract law enforcement provider for assistance with animal related situations. f. Dead Animals: Remove dead animals from the public right-of-way within the City of Lake Elsinore limits and from other areas upon request. g. Potentially Dangerous/Vicious Animals: In accordance with the City of Lake Elsinore Municipal Code, identify potentially dangerous and/or vicious animals and initiate the administrative or legal process for their control. h. Trapping & Removal: As limited by subsection (b), “Sheltering”, respond to requests for assistance in the trapping and removal of domestic or wild animals, including coyotes, skunks, and possums, from public or private property. Contractor will offer advice in setting a trap in any enclosed space and will remove belongings or will 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. Identified cats will be released as required by City of Lake Elsinore Municipal Code. Contractor will provide traps but will not be required to provide vector control. Contractor shall charge a fee for traps as set out in the City’s Animal Control Fee Schedule as approved by Council action. 2 Animal Friends of the Valleys May 22, 2025 i. Dog Licensing: Contractor shall implement a comprehensive licensing program including conducting dog license inspections. Area-wide canvassing will be conducted as part of the field service activity. Contractor shall administer the current licensing provision of the City of Lake Elsinore Municipal Code. 1. Dog licenses shall be issued by mail, at the Animal Shelter, 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 shall send an application for licensing when requested by owners. 2. 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 of Lake Elsinore. 3. Contractor shall collect all license fees and penalties on behalf of the City of Lake Elsinore, issue receipts for all such fees collected and keep copies thereof. The remaining license revenue collected will be applied to the budget for City services under this Agreement. Revenue shortfalls, below the estimate, will be the responsibility of Animal Friends of the Valleys, Inc. 4. All Administrative citation revenue will be remitted to Animal Friends of the Valleys on a quarterly basis. 5. Contractor shall pursue collection and/or prosecution, if appropriate, to recover any fraudulent, delinquent, or worthless payment received as payment for dog licenses issued, including penalties. 6. Contractor shall cancel any dog license issued for which invalid payment was received and give notice of such cancellation to the license. 7. Contractor shall maintain such records in such form as required by the City’s Finance Director 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. 8. Contractor shall ensure microchipping in compliance with the Lake Elsinore Municipal Code once an anticipated City Ordinance is adopted relating to microchipping. j. 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). k. Disposition of Unclaimed Animals: After notice and hearing as required, provide euthanasia service in a humane manner in accordance with procedures approved by the City Manager for unlicensed animals held for five (5) days and licensed animals held ten (10) days or more, if these animals are not reclaimed by their owner and are deemed unsuitable by the Officer for adoption. l. Clinics: Make all necessary arrangements and conduct at least two (2) one-day clinics for at costs rabies vaccinations. At cost rabies vaccination shall be eight dollars and no cents ($8.00). The clinic must be open to Lake Elsinore residents. m. Field Services: Assign two (2) service Officers appointed as Animal Control Officer. Routine field services will be provided as necessary within the hours limitation of this Agreement. The number of hours per week include, but are not limited to, routine mobile patrols, investigative and rescue time, court appearances and impoundment of dangerous, wild, injured, or loose animals. Contractor shall always assign a sufficient number of field services employees to duty to meet the needs of this Agreement. Contractor shall provide service of twelve (16) hours per day during such hours as 3 Animal Friends of the Valleys May 22, 2025 approved by the City Manager. Telephone service for members of the public shall be not less than eight (8) hours per day on a schedule approved by the City Manager. Emergency response shall be available twenty-four (24) hours per day, seven days per week as described in subparagraph (n). 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 hour services. n. 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/her designee has reason to believe that an animal control emergency exists, the City Manager or his/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. Contractors written explanation shall be submitted to the City Manager within two (2) working days from the date of the request for emergency service. This 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 the Contractor: 1. Request to remove a wild, dangerous or injured animal or animal(s) 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, other animals or humans. o. 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 not withstanding, 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. p. Complaints Regarding Service: Cooperate with the City of Lake Elsinore 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) under this Agreement. q. Legal: Coordinate with the City and City Attorney any inspection warrant, impounds, or potential dangerous/vicious animal hearings or court actions. r. 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 impound 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. 4 Animal Friends of the Valleys May 22, 2025 s. 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 back-up for its field personnel. t. Other Equipment: Contractor shall provide and pay for all vehicle(s) and equipment necessary for the performance of this Agreement and shall be responsible for maintenance of such vehicle(s) and equipment, including the installation and removal of the paging or radio equipment described in Paragraph (s) 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. u. Personnel & Supplies: Contractor shall provide all personnel, supplies and equipment necessary for the efficient and effective operation of the Animal Shelter and 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 stationery, envelopes, and postage. Animal Control Officers will complete the required training in accordance with Penal Code 832 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. Humane Officers will complete the required training in accordance with Corporations Code 14502. v. 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. 1. Contractor’s Executive Director and the City Manager and/or his designee shall meet not less than quarterly to discuss Agreement performance. w. Reporting: Contractor shall provide and maintain on file or within records all reporting regarding statistics and services related to services provided per this Agreement and provide any reports requested by the City as outlined below, but not limited to: 1. Contractor shall furnish the City monthly reports detailing shelter, field, licensing, and identification activities, including a summary of the utilization of field service employees’ hours as required and outlined in the Scope of Services and any legal notifications and requirements as outlined in Section (q). 2. 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 Contractors full Annual Financial Statement immediately upon completion thereof, but in no case later than six (6) months after the close of each fiscal year. x. Continuing Programs: Contractor shall implement and maintain the following programs on a continual basis during the term of this Agreement: 1. Public School presentations 2. Spay/Neuter/Microchip subsidy programs for low-income City of Lake Elsinore citizens when funds are available. 3. Cable television, website and social media announcements, information, and educational messages. 4. Ordinance review and changes aimed at ending pet overpopulation. 5. Animal Rescue Plan for domestic animals during a disaster. 5 Animal Friends of the Valleys May 22, 2025 6. Animal Control Officer services. 7. A future microchipping program, once adopted by the Lake Elsinore City Council. y. Policy & Procedure Consultation: Contractor shall consult with the City and on any policy/procedure that affects Lake Elsinore animals, which shall be approved by the City Manager prior to implementation. z. License Fees: Contractor shall charge License Fees for dogs within the City as follows: 1. Altered dogs $15.00 for 1 year. 2. Altered dogs $20.00 for 2 years. 3. Altered dogs $25.00 for 3 years. 4. Unaltered dogs $200.00 for 1 year. 5. Unaltered dogs $400.00 for 2 years. 6. Unaltered dogs $600.00 for 3 years Late Payment Penalty Fee: $20.00 per license Special rates for Senior citizens of Lake Elsinore: 1. Altered dogs $8.00 for 1 year. 2. Altered dogs $10.00 for 2 years. 3. Altered dogs $12.00 for 3 years. Late Payment Penalty Fee: Altered D 6 Animal Friends of the Valleys May 22, 2025 Payment Rates and Schedule FISCAL YEAR CPI ADJUSTMENT (NOT TO EXCEED 2.5%)1 MONTHLY AMOUNT (NOT TO EXCEED) ANNUAL AMOUNT NOT TO EXCEED 2025-2026 NOT APPLICABLE $22,614.71 $271,376.52 2026-2027 NOT TO EXCEED 2.5%. CALCULATED WITH CPI ADJUSTMENT NOT TO EXCEED $23,180.08 $278,160.96 2027-2028 NOT TO EXCEED 2.5%. CALCULATED WITH CPI ADJUSTMENT, NOT TO EXCEED $23,759.58 $285,114.96 TOTAL AGREEMENT AMOUNT SHALL NOT EXCEED $834,652.44 1 The CPI adjustment shall be calculated as 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 not exceed 2.5%. If the CPI adjustment is negative, the monthly/annual amount shall not be reduced from the previous Fiscal Year.