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HomeMy WebLinkAboutAnimal Control and Sheltering ServicesAMENDED AGREEMENT FOR ANIMAL CONTROL AND SHELTERING SERVICES BETWEEN THE CITY OF PALO ALTO AND THE TOWN OF LOS ALTOS HILLS This Agreement for Animal Control and Sheltering Services ("Agreement") is made this I" day of July, 2019, by and between the City of Palo Alto ("Palo Alto") and the Town of Los Altos Hills ("Agency"). _R F C TT A T, Ss WHEREAS, animal control and sheltering services are required by California law to be provided by incorporated cities; and WHEREAS, Palo Alto has an established animal control and shelter operation ("PAAS"); and WHEREAS, Agency has no current facilities or ability to provide those required animal services, and has requested that Palo Alto provide specified animal control and sheltering services within the jurisdiction of Agency, and for the citizens of Agency; and WHEREAS, Palo Alto has the capacity to provide such services to Agency as are hereinafter described, and is willing to do so; WHEREAS, Palo Alto has engaged Pets In Need, a local non-profit animal services group ("PIN"), to operate PAAS-, and NOW, THEREFORE, in consideration of the following covenants, terms, and. conditions, the parties agree: SECTION 1: Tenn The term of this Agreement shall. commence on July 1, 2019 and shall terminate on June 30, 2024, unless sooner terminated or extended by mutual agreement between Palo Alto and the Agency. The parties intend to extend this Agreement for a second. additional five year term consistent with the original contract signed by,the parties in 2004. N The parties intend to extend this Agreement so long as it is mutually advantageous. Parties agree to meet at least twelve months prior, to the scheduled termination hereof and discuss the terms of such extension. A. Amendments - Amendments to this Agreement must be in writing and approved by the governing body of Agency and Palo Alto. This .is the entire Agreement between the parties and supersedes any prior written or oral agreements. SECTION 2: Termination by Either Party Either party may terminate this Agreement at any time, with or without cause by providing one hundred eighty (180) days written notice of intent to terminate. In any event of termination under this paragraph, Palo Alto shall be paid for all services performed until such termination. SECTION 3: Advisory Committee The joint committee shall hereafter be referred to as the Animal Control Task Force (ACTF) consisting of the City Manager of Palo Alto or his/her designee, the City Manager of Agency or his/her designee, the Superintendent of PAAS, and the City Manager or his/her designee of other cities that contract with Palo Alto to provide animal control and/or sheltering services. The responsibilities of the ACTF shall include but are not be limited to: 1. Review existing local animal control ordinances and make recommendations for appropriate changes; 2. Assessing licensing program; 3. Analyze programmatic complaints by either party or its residents; and 4. Review revenues and expenditures relating to the program. SECTION 4: Agency Responsibilities 1., Agency hereby designates Palo Alto to perform, on behalf of Agency, all services as agreed to in Exhibit "A" ® Scope of Services of this Agreement. 2,* Agency hereby designates Palo Alto responsible for its dog license fee collection, including the issuance of licensing administrative citations. 3. Agency agrees to ado -pt fees consistent with Palo Alto's schedule for animal related fees during the term of the Agreement. 4. Agency shall implement its own locally enacted provisions for administrative remedies with respect to impoundment, nuisance abatement of dangerous animals and other similar circumstances; provided, however, that Palo Alto will assist and respond when requested by Agency, as set forth in Exhibit "A" of this Agreement. Agency agrees that it will remain solely responsible for arranging and conducting hearings under Los Altos Hills Municipal Code Title 6, Chapter I "Animals" ("Chapter I") ("Dangerous Animal Ordinance"), including but not limited to, providing Hearing Officers and a location for such hearings. The, cost of these hearings shall be borne by the animal owner; however, in the event Agency is unable to collect these costs from the animal owner; Agency shall be responsible for these costs. 5. Agency agrees that it shall remain solely responsible for the defense of any appeal of any decision rendered by the Hearing Officer or from any Court 2 judgment based on claims, actions or appeals resulting from dangerous animal designations made under Agency's Ordinances. 6. Agency agrees to provide assistance upon request of Palo Alto's Animal Control Officers within Agency's jurisdiction. 7. Agency shall be primarily responsible for the investigation and appropriate enforcement action to be taken in substantiated cases of animal cruelty, abuse, etc., under Section 597 of the California Penal Code. 8. Agency shall maintain a safe, clean, and sanitary environment for temporarily holding animals at the Agency's designated area. Agency reports shall include description of the animal, location it was found, reporting party information and any other relevant information that would assist Palo Alto's Animal Control Officers with the disposition of the animal. The report shall be provided to Palo Alto's Animal Control Officer staff at pick up. If the animal is released from Agency, the report shall be sent to Palo Alto's Animal Control Officers by the end of the work day. 9. As unanticipated events occur in Agency cities, PAAS may be required to contract with outside vendors to provide services that are above and beyond the scope of services and/or the capabilities of PAAS personnel. After consultation and agreement of services with Agency, Agency will be responsible for the cost of vendor services. SECTION 5: Compensation . 1. The purpose of this Section is to equitably divide the actual costs of providing animal control and sheltering services to Agency. The costs to provide these services are based on the actual program costs for Palo Alto's Animal Shelter and Animal Control Services Divisions each fiscal year. 2. Agency agrees to pay Palo Alto under the following payment schedule® a. April I of current fiscal year — Palo Alto will provide Agency with cost estimate for following fiscal year b. November I — Palo Alto will provide Agency with an invoice for the current fiscal year adjusted by any variance in prior year budget to actuals. Payments are due to Palo Alto by December 15 of each year. Payments shall be sent to: Director of Community Services 1305 Middlefield Road Palo Alto, CA 94301 3. Agency agrees to pay 4% of actual program costs for the Palo Alto's Animal Shelter and Animal Control Divisions each fiscal year ("FY"). The percentage paid under this Agreement is derived from the average percentage of animals handled by Palo Alto for Agency from FY 2013 — FY 2018. Palo Alto will retain all boarding, impound, dog licensing, and penalty fees. 4. Any payments not received on or before the due date shall accrue interest between the due date and date of receipt. Interest shall be based on the prevailing rate of return earned by Palo Alto's investments during that period. 5. In the event of early termination of this Agreement, in accordance with Section 2 of the Agreement, Palo Alto shall bill Agency a prorata amount of the quarterly payment that covers the quarter during which such termination is effective. 6. Any unforeseen changes in State requirements relating to the care and housing of animals shall be the fiscal responsibility of Agency once implemented by Palo Alto based on Agency's animals handled. SECTION 6: Indemnification and Hold Harmless Agency acknowledges that it is required by law to provide the services set forth in Exhibit "A", of this Agreement, and that it has no present ability to provide those services and has requested that Palo Alto provide such services. Therefore, Agency expressly agrees to indemnify and hold harmless Palo Alto, its officers, agents, employees, and servants from all demands, claims, liabilities, losses, charges, costs, or damages caused by or arising out of Palo Alto's acts or omissions in the performance of this Agreement, except arising out of Palo Alto's willful misconduct or gross negligence. SECTION 7: Notices All notices shall be submitted, in writing, and sent 'by the United States Mail, certified and postage prepaid, by private express delivery service, by facsimile transmission followed by delivery of hard copy, or by any other process mutually acceptable to the parties to the addresses stated below or to any other address noticed in writing. Palo Alto: Director of Community Services 1305 Middlefield Road Palo Alto, CA 94301 Agency: City Manager Los Altos Hills Town Hall 26379 Fremont Road Los Altos Hills., CA 94022 SECTION 8: Miscellaneous 1. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any changes resulting in Program modifications shall be provided in writing by Palo Alto to Agency as soon as legislative bodies enact any new or modified regulations regarding animals, their care and housing. 11, 2. Palo Alto shall not be deemed in default on account of any delay or failure to perform any obligations in accordance with Agency laws, the laws of the State of California, the Palo Alto Municipal Code, and the terms of this Agreement, which directly results from an Act of God, including, without limitation, the act of a superior legal authority or an occurrence of nature. 3. If a Court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement shall remain in effect. 4. The prevailing party in any action brought to enforce the terms of this Agreement may recover from the other party its reasonable costs and attorneys' fees expended in connection with such an action. IN WITNESS WHEREOF, the parties have executed this Agreement in Palo Alto, County of Santa Clara, California, on the date first above stated. TOWN OF LOS ALTOS HILLS City Manager ATTEST: City Manager ATTEST: APPROVED AS TO FORM: Deputy C1 Attorney ctiry or- w'o AG-ro ATTACHMENT. EXHIBIT "A" SCOPE OF SERVICES EXHIBIT "A" Scope of Services Palo Alto shall provide animal control and sheltering services to Agency as set forth in this Exhibit and in compliance with all related applicable laws of the State of California. Field Services will be provided seven (7) days a week as follows: "Regular Hours" shall mean between the hours of 8:00am — 5:00pm "On -Call Hours" shall mean between the hours of 5:00pm — 8:00am Public shelter hours shall be a minimum of six (6) days per week and forty (40) hours per week. PIN shall post the public hours on its website and inform Palo Alto and Agency in writing of any change in hours. The shelter shall be closed on designated holidays. SECTION 1: Agency Assist • Palo Alto's Animal Control Officers (ACO) will assist Agency with the control of aggressive, vicious, and/or attacking animals (domestic or wild). * ACO will assist Agency staff in the rescue of dogs or cats in immediate distress. • ACO will assist Agency to capture unattended, stray dogs when conditions are safe to do so. • ACO will assist Agency staff in the active investigation of animal cruelty, abuse, or neglect incidents. Agency will be responsible for all criminal filings. • Upon request by Agency staff, ACO will assist in the investigation of animal on animal attacks. • If Agency takes enforcement action surrounding an animal violation, Agency may request assistance of ACO to impound animal(s) and provide appropriate care at PAAS during the judicial process. • PAAS on -duty ACO's will assist Agency by investigating all excess number of animal complaints. • Agency designates ACO as "Animal Control Officer" as defined in Los Altos Hills Municipal Code Title 6, Chapter I "Animals" ("Chapter 1 "). ACO will serve as primary enforcement of Chapter 1 during Regular Hours and will respond according to availability and severity of the incident. Agency will provide enforcement during other times. 31 SECTION 2: Field Impound ACO will impound animals under special custody situations which would include owner arrest, hospitalization, fire, etc. Agency staff will provide ACO/PAAS staff with owner information before the end of Agency staff shift. Confined, stray domestic animals (including those in rented PAAS humane box traps) shall be picked up during Regular Hours from both citizens and the Agency. SECTION 3: Stray Animals ACO will impound confined, stray animals during Regular Hours when the owner is not present. ACO will pick up and dispose of reported dead stray animals during Regular Hours. Residents from Agency's jurisdiction may bring stray animals to PAAS during Regular Hours. During On -Call Hours, animals may be taken to the holding area at Palo Alto Police Department (PAPD). The following day, ACO will pick up and transport to the shelter for care and housing. Stray animals located in Agency's jurisdiction that are taken to the shelter shall be provided care and housing. A lost and found log will be maintained at shelter in an attempt to reunite animals with owners. SECTION 4: Disposition of Stray or Surrendered Animals At the conclusion of any required holding period, stray or surrendered animals may either be placed for adoption or humanely euthanized at PAAS' discretion. All animals placed for adoption shall be spayed or neutered, microchipped, and vaccinated prior to placement. SECTION 5: Surrenders Residents from Agency's jurisdiction may surrender their animal(s) during Regular Hours at PAAS. Residents must provide proof of residency and picture identification at the time of the surrender. ® PAAS provides disposal service for owned, dead animals for a service fee. VA If owner requests animal to be picked up from their home, there will be an additional fee charged to the animal owner. This service is provided during Regular Hours at PAAS. SECTION 6: Bites/Quarantine ACO will assist Agency staff with all animal bite on human incidents. When a dog on human bite occurs during Regular Hours or is in progress, ACO will respond and direct the quarantine process per Section 121615 of the California Health and Safety Code. ACO will provide a report documenting the quarantine, witness statements and the action of the animal. PAAS will provide the report to the Agency. Agency will be responsible for all criminal filings. For after hour incidents that are not in progress, the Agency will take an initial report and provide PAAS with a copy of the report by the end of the shift. PAAS shall provide for the control of rabies through quarantine and testing consistent with the provisions of 121615 of the California Health and Safety Code. PAAS shall be responsible for filing the Annual report of Local Rabies Control Activities and Statement of Enforcement with the California State Department of Health Services. Animal bite on human incidents reported by medical personnel will be accepted and documented by an ACO. PAAS will notify Agency of relevant jurisdiction of the incident for evaluation of criminal filing. PAAS shall provide one "actual" at cost rabies vaccination clinic in accordance with State law. SECTION 7: Animal Licensing PAAS shall issue and maintain a dog licensing program for Agency including issuing Administrative Citations for licensing violations. Dog licenses will be processed at PAAS, by mail, and/or online. PAAS shall provide the licensing applications to residents from Agency's jurisdiction. ® PAAS will mail reminder notices prior to the expiration of the dog license. Cat identification tags will be available at PAAS, and a database will be maintained. Microchip implantation and information will be available at PAAS for a fee and a database will be maintained. Ifnk SECTION 8: Veterinary Care 9 Veterinary care for sick or injured stray animals will be provided. • The PAAS Veterinarian shall oversee all animal health, hygiene, and nutritional needs of the animals under the care of PAAS. SECTION 9: Wildlife • ACO will transport and asses sick/injured wildlife. Under the direction of the City Veterinarian, animals may be transported to the South Peninsula Emergency Veterinary Clinic during Regular Hours. Response for wild mammals only will only be available during On -Call Hours. • Nuisance wildlife calls will be referred to Santa Clara County Vector Control or to a private pest control company. • ACO will assess and may respond to complaints of wildlife presenting a threat to human safety and take appropriate action. Agency will assist upon request from ACO. • ACO will pick up dead wildlife on public streets/land weighing up to 50 pounds. For animals over 50 pounds, Agency may contact a designated rendering company for removal. Removal of dead wildlife on private property should be referred to the designated rendering company, and associated costs will be the responsibility of the resident from Agency's jurisdiction.