HomeMy WebLinkAbout27-24RESOLUTION 27-24
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH PALO ALTO ANIMAL CONTROL SERVICES (PETS IN
NEED) FOR ANIMAL CONTROL SERVICES IN LOS ALTOS HILLS
WHEREAS, the City of Palo provides animal care and control services to the Town of
Los Altos Hills; and
WHEREAS, the existing contracts were originally signed in 2004 for a 10 -year period,
and extended for two additional five-year terms. The current contract between the Town
and Palo Alto will expire on June 30, 2024; and
WHEREAS, since 2019, animal care and shelter services have been provided by Pets in
Need through a contract with the City of Palo Alto. Animal control services are provided
directly by the Palo Alto Police Department; and
WHEREAS, the new agreement with the City of Palo Alto has an increase of charges to
the Town which reflect an increase of service charges through Palo Alto's agreement with
Pets in Needs, as well as an increase in services received by the Town in the past several
years; and
WHEREAS, to provide assurance that the Town is only paying for animals handled in Los
Altos Hills, the new agreement has shifted from an average percentage -based model to
actual program costs (animal care and animal control).
NOW THEREFORE, the City Council hereby authorizes the City Manager to execute an
agreement with Palo Alto Animal Control Services (Pets In Need) for animal control
services in Los Altos Hill.
The above and foregoing Resolution was passed and adopted by the City Council of the
Town of Los Altos Hills at a regular meeting held on the 16th day of May 2024 by the
following vote:
AYES: Molc, Schmidt, Swan, Tanlcha, Tyson
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Arilca Birdsong -Mille., City Cleric
Resolution 27-24
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 is made this 1"day
of July, 2024, by and between the City of Palo Alto ("Palo Alto") and the Town of Los
Altos Hills ("Agency").
RECITALS
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
Palo Alto Animal Control (or "PAAC"); 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, and animal licensing 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 the animal shelter; and
NOW, THEREFORE, in consideration of the following covenants, terms, and
conditions, the parties agree:
SECTION 1: Term
The term of this agreement shall commence on July 1, 2024 and shall terminate on June 30,
2029, 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.
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 Any Party
If either party fails to perform any duties or obligations imposed by this Agreement and said
failure continues for sixty (60) days after written notification by the other, then the non -
breaching party may terminate this Agreement immediately after the sixty (60) day period by
providing written notice of termination. Either party may terminate this agreement at any time
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 the date of 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 Supervising Animal Control Officer of PAAC, 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 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
4. Review revenues and expenditures relating to the program
SECTION 4: AjZency 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 administrative citations for municipal code violations. City will
remit license fees to Agency.
3. Agency agrees not to adopt fees inconsistent with Palo Alto's schedule f'or 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.
5. Agency agrees that it will remain responsible for arranging and conducting hearings under
its Dangerous Animal Ordinances, including but not limited to, providing Hearing Officers
and a location for such hearings. Alternatively, Agency may request Palo Alto to provide
Hearing Officers and a location for such hearings, and Palo Alto may provide as such upon
mutual agreement and resource availability. 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.
6. 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 judgment based on claims,
actions or appeals resulting from Dangerous Animal designations made under Agency's
Ordinances.
7. Agency agrees to honor any dangerous animal designation issued by another partner
agency and enforce its laws accordingly.
8. Agency agrees to provide assistance upon request of Palo Alto's Animal Control Officers
within Agency's jurisdiction.
9. 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 597.1 of the California Penal Code.
10. 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 Officers 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 workday.
11. As unanticipated events occur in Agency cities, PAAC 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 PAAC personnel. After consultation and agreement of services
with Agency, Agency will be responsible for the cost of vendor services.
SECTION 5: Compensation
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 the Palo Alto Animal Shelter and Animal Control
Division each fiscal year.
2. Agency agrees to pay Palo Alto under the following payment schedule:
a. August 1— Palo Alto will provide Agency with cost for previous fiscal year.
Payments are due to Palo Alto by September 15, of each year.
Payments shall be sent to:
Director of Community Services
1305 Middlefield Road
Palo Alto, CA 94301
Agency agrees to pay its percentage of actual program cost for the Palo Alto Animal
Shelter and Animal Control Services Divisions each fiscal year. The City of Palo Alto will
provide the Town with the actual percentage to be invoiced for the previous fiscal year
(July 1 st - June 30th) by August 1 st of each year.
Agency's payment for service is based on 1) Agency's proportionate use of shelter services
over the period listed above and 2) Palo Alto's total costs for animal control and shelter
services.
4. PIN will retain all boarding and impound fees. Palo Alto will retain impound fees (in some
situations), quarantine, dog licensing, penalty, and miscellaneous fees.
5. 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.
6. In the event of early termination of this Agreement, in accordance with Section 2 of the
Agreement, Palo Alto shall bill Agency a proportional amount of the quarterly payment
that covers the quarter during which such termination is effective.
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 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 Agency's negligent or willful misconduct in the performance of this
Agreement.
Palo Alto expressly agrees to indemnify and hold harmless Agency, 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 negligent or willful misconduct in the performance of this
Agreement.
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: City of Palo Alto
Director of Community Services
1305 Middlefield Road
Palo Alto, CA 94301
Agency: Town of Los Altos Hills
26379 Fremont Rd.
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 and must be agreed upon and accepted by Agency as soon
as legislative bodies enact any new or modified regulations regarding animals, their care
and housing.
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.
CITY OF PALO ALTO O OS ALTOS ILL
...Signed by:
cc t
G
Y'VI'a dt�br Town Manager
ATTEST:
APPROVED AS TO FORM:
Lm
igned by:
Shimizu
Deputy City Attorney
ATTEST:
APPROVED AS TO FORM:
ity Attorney
ATTACHMENT: EXHIBIT "A" SCOPE OF SERVICES
4
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:
Field Services: 9 hours per day
Shelter Services: PIN's business 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 Contract
Cities in writing of any change in hours. Shelter shall be closed on designated holidays.
SECTION 1: Aj4ency Assist
Palo Alto Animal Control Officer (ACO) while on his/her regular duty shift will:
• Respond to reports of dangerous, aggressive, vicious, and/or attacking animals
(domestic or wild).
• Rescue animals in immediate distress.
• Assist Agency staff in the active investigation of animal cruelty, abuse, or
neglect incidents. Agency will be responsible for all criminal filings.
• Investigate reports of animal on animal attacks.
• Assist Agency by investigating all excess number of animal and leash law
complaints.
If Agency takes enforcement action surrounding an animal violation, Agency may
request assistance of ACO to impound animal(s) and provide appropriate care at PAAC
during the administrative process.
Agency designates ACO as "Animal Control Officer" as defined in Los Altos
Hills Municipal Code Title 6, Chapter 1 "Animals" ("Chapter I"). 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.
SECTION 2: Field Impound
• ACO will impound animals under special custody situations in accordance with
PAAC' s Protective Custody Policy, which would include owner arrest,
hospitalization, fire, etc. Agency staff will provide PAAC staff with owner
information before the end of Agency staff shift if known to Agency staff.
• Confined, stray domestic animals (including those in rented PAAC/PIN
humane traps) shall be picked up during regular hours from both citizens and
the Agency.
SECTION 3: Stray Animals
• ACO will respond to reports of, and impound at large or 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 PIN during
regular business hours. After hours, animals may be taken to the holding area at
Palo Alto Police Department. 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
PAAC's or PIN's discretion. All animals placed for adoption shall be spayed
or neutered, micro -chipped and vaccinated prior to placement.
SECTION 5: Surrenders
• Residents from Agency's jurisdiction may surrender their animal(s) during
regular business hours at PIN without an appointment. Residents must provide
proof of residency and picture identification at the time of the surrender.
PAAC provides disposal service f'or owned, dead animals for a service fee.
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 business hours at PAAC and pursuant to the City of Palo Alto' s
Municipal Fee Schedule
SECTION 6: Bites/Quarantine
■
ACO will investigate all animal bite to human incidents, and quarantine or rabies test
the biting animal when required When a dog on human bite occurs during regular
hours or is in progress, ACO will respond and direct the quarantine process per
California Health and Safety Code 121575 et seq. ACO will provide a report
documenting the quarantine, witness statements and the action of the animal. PAAC
will provide the report to the Agency upon request. 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 PAAC with a copy of the report by the end of the
shift.
PAAC shall provide for the control of rabies through quarantine and testing
consistent with the provisions of California Health and Safety Code 121575 et seq.
PAAC 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. PAAC will notify Agency of relevant jurisdiction of the
incident for evaluation of criminal filing.
PIN shall provide one "actual" at cost rabies vaccination clinic in accordance with
State law.
SECTION 7: Animal Licensing
• PAAC shall issue and maintain a dog licensing program for Agency including
issuing Administrative Citations for licensing violations.
• Dog licenses will be processed at PAAC, by mail, and/or online. PAAC and PIN
shall provide the licensing applications to residents.
• PAAC will mail reminder notices prior to the expiration of the dog license.
• Microchip implantation and information will be available at PIN for a fee and a
database will be maintained.
SECTION 8: Veterinary Care
• Veterinary care for sick or injured stray animals will be provided.
• The City of Palo Alto shall oversee all animal health, hygiene, and nutritional
needs of the animals under the care of PIN.
SECTION 9: Wildlife
• ACO will respond to and assess reports of sick, injured, or orphaned wildlife. If
impound is necessary, PAAC may euthanize or request PIN arrange for the animals
transport to the nearest wildlife rehab center.
• Nuisance wildlife calls will be referred to Santa Clara County Vector Control or to a
private pest control company. No service provided by ACOs.
• 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, PAAC 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
Certificate Of Completion
Envelope Id: C03921 EDD1394CCF99BF5655E7CDFAEA
Subject: Complete with Docusign: Animal Control Contract - LAH Signed.pdf
Source Envelope:
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Record Tracking
Status: Original
6/11/2024 11:20:47 AM
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Signer Events
Tim Shimizu
Tim.shimizu@cityofpaloalto.org
Assistant City Attorney
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ed Shikada
Ed.Shikada@cityofpaloalto.org
Ed Shikada
City of Palo Alto
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(None)
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Kristen O'Kane
Kristen.O'Kane@cityofpaloalto.org
Director
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(None)
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Holder: Cayla Koga
Cayla.Koga@CityofPaloAlto.org
Pool: StateLocal
Pool: City of Palo Alto
Signature
DocuSigned by:
E
im Shimizu
23DECA072AOE483...
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Using IP Address: 199.33.32.254
by:ED—Sign1d DCA1 4F0 .
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Envelope Originator:
Cayla Koga
250 Hamilton Ave
Palo Alto, CA 94301
Cayla.Koga@CityofPaloAlto.org
IP Address: 199.33.32.254
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Timestamp
Sent: 6/11/2024 11:32:39 AM
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