HomeMy WebLinkAbout2003-12-15 City Council (14)TO:
City of Palo Alto
City Manager’s Rep
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:DECEMBER 15, 2003 CMR:516:03
SUBJECT:APPROVAL OF AGREEMENTS FOR ANIMAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND THE CITIES OF
LOS ALTOS, LOS ALTOS HILLS, AND MOUNTAIN VIEW FOR
EMERGENCY ANIMAL CONTROL AND SHELTERING
SERVICES FROM JANUARY 1, 2004TO JUNE 30, 2014.
APPROVAL OF AGREEMENT FORANIMAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND THE CITY OF
SUNNYVALE FOR SHELTERING SERVICES FROM JANUARY
1, 2004 THROUGH JUNE 30, 2024
RECOMMENDATIONS
Staff recommends that the Council approve the attached 10-year agreements with Los Altos,
Los Altos Hills, and Mountain View for animal control and sheltering services; the 20-year
agreement with Sunnyvale to provide animal sheltering services; and the commitment to fund
the remodel and expansion of the Palo Alto Animal Shelter to provide such services.
BACKGROUND
Since 1993, the City of Palo Alto has provided regional animal control and sheltering services to
Los Altos, Los Altos Hills and Mountain View. Under the agreements with the three
jurisdictions, Palo Alto Animal Control Officers (ACOs) respond to all sick and injured, dead,
aggressive and dangerous animal calls-for-service and transport the animals to Palo Alto Animal
Services Shelter (PAAS) where they are housed, and if necessary, receive medical attention.
Between 1994 and 1997, the agreements were renewed annually. A three-year agreement was
approved in 1997, and again in October 2000.
In December 2002, Council conceptually approved (CMR:471:02 included in Attachment 2) a
contract with the City of Sunnyvale to provide animal sheltering and associated services with
the understanding that this parmership would create opportunities for improved services at
CMR:516:03 Page 1 of 8
lower costs to all users of the PAAS, as well as provide ongoing General Fund income. In June
2003, Council approved, pending the finalization of an agreement with Sunnyvale, a 2,000
square foot expansion of the Animal Shelter, a 2,500 square foot kennel building to
accommodate the additional animals, as well as previously scheduled improvements outlined in
Palo Alto’s Infrastructure Management Plan (IMP) (Attachment 1). At that time, Council also
approved amendments (CMR:314:03 - Attachment 2) extending the agreements with the three
original contract agencies until December 31, 2003, to allow staff time to negotiate longer term
agreements with those cities that would include costs for both the PAAS expansion and remodel
and ongoing operational expenditures as they related to the agreement with the City of
Sunnyvale.
Since then, staff has worked with representatives from the four cities and has negotiated 10-year
agreements with Los Altos, Los Altos Hills, and Mountain View to provide State-mandated
animal control and sheltering services; and with the City of Sunnyvale for 20 years to provide
sheltering services. This report provides the details of those agreements, the associated revenue
and expenditure projections, and the capital improvement plan to remodel and expand PAAS.
DISCUSSION
Services to Los Altos, Los Altos Hills, and Mountain View
Under the current agreements with Los Altos, Los Altos Hills, and Mountain View that have
been in place since 1993, Palo Alto has provided State-mandated animal control and sheltering
services for those cities. While the agreements have been modified due to changes in State
legislation pertaining to holding periods, veterinary care and spay and neutering, the basic
provision of services has remained unchanged and has been accomplished on a cost recovery
basis. Costs for services have been based upon the actual number of animals handled for each
city. A percentage is calculated by dividing the number of animals that originated from each
city by the total number of animals handled by PAAS. The resulting percentage is applied to
total program costs to obtain each city’s specific costs. Under the new long-term agreements
with these agencies, the provision of services and the formula for determining each city’s costs
would remain unchanged with two exceptions: 1) with the addition of Sunnyvale as another
contract agency for sheltering services, ongoing operational costs for the three cities, as well as
for Palo Alto, will decrease; and 2) the three cities would help to defray the costs associated
with the remodeling and expansion of PAAS. The proposed agreements with these three cities
would be effective immediately so that there would not be any break in services.
CMR:516:03 Page 2 of 8
In the event that Palo Alto or any of the three cities decides to terminate these agreements, the
terminating party is required to give a one-year written notice, as well as pay for all services
performed up to the termination date and any amounts owed to Palo Alto for the expansion
project. IfPalo Alto decides to terminate the agreement within three years of completion of the
expansion proj ect, the participating agencies would be compensated for their portion of the paid
construction costs on a prorated basis: 75 percent in the first year, 50 percent in the second year,
and 25 percent in year three.
Services to Sunnyvale
As noted in CMR:471:02, the City of Sunnyvale approached Palo Alto staff regarding the
possibility of providing animal sheltering and associated services. Because Sunnyvale, unlike
Mountain View, Los Altos, and Los Altos Hills, has its own Animal Control Officers (ACO), it
does not have a need for animal control services. Sheltering services include: the housing,
feeding, and daily assessment and medical evaluation of all animals; record keeping; lost and
found reports and temperament evaluations; protective custody housing and quarantine of
animals suspected of rabies; veterinary care including emergency treatment if required; and
veterinarian training and supervision of Sunnyvale’s ACOs in the event of euthanizing animals
and decapitating animals suspected of rabies at the PAAS facility. Staff has worked with
representatives of Sunnyvale and negotiated a 20-year agreement with a 10-year extension upon
mutual consent. The formula for sheltering and associated costs will be the same used for the
other contract cities with some exceptions that are detailed below. Additionally, because the
addition of animals from Sunnyvale would necessitate an expansion of PAAS, those capital
costs would also be shared with Sunnyvale.
While the hiring of the additional staff and actual sheltering services for Sunnyvale would not
begin until after the expansion and remodel of the Animal Shelter is completed (approximately
July 1, 2005), Sunnyvale has agreed to pay $220,000 towards the estimated costs of planning,
evaluation, and design of the expansion project by January 1, 2004. Based upon the engineers’
final estimated costs of the project; Sunnyvale will pay $880,000 towards the estimated
construction and furnishings of the expansion project by August 1, 2004.
Consistent with the agreements with Mountain View, Los Altos, and Los Altos Hills, in the
event that Palo Alto or Sunnyvale decides to terminate this agreement, the terminating party is
required to give a one-year written notice, as well as pay for all services performed up to the
termination date and any amounts owed to Palo Alto for the expansion project. If Palo Alto
decides to terminate the agreement within seven years of completion of the expansion proj ect,
Sunnyvale would be compensated for its portion of the paid construction costs on a prorated
basis over seven years, with 75 percent in the first year, reduced to 15 percent in year seven.
CMR:516:03 Page 3 of 8
Staffing
In the original proposal to Sunnyvale, staff estimated that an additional 1.5 FTE would be
required to handle the increase in animals without impacting service levels to Palo Alto
residents and the other contract cities. Specifically, a half-time veterinary technician, a half-
time animal services specialist and a half-time kennel attendant would be required. The first-
year salary and benefit costs for these additional staff will be the sole responsibility of
Sunnyvale. Because Palo Alto and the other contract cities would receive the benefit of the
additional staff as the additional staff would be providing sheltering services to all the agencies
animals and not just Sunnyvale’s, the salary and benefit costs will be shared by the five cities in
subsequent years, consistent with the agreed-upon cost sharing methodology.
Language in all of the agreements includes coverage of increases in salary and benefits for the
additional employees during the term of the contracts. Although staff believes that these
contractual agreements will be in place for the full terms, in the event that for some reason one
or more of the cities decides to terminate the agreements, the additional staff would be reduced
through attrition.
Host Fee
In the original proposed agreement, staff indicated charging an annual surcharge or "host fee"
for the use of the PAAS. Sunnyvale has agreed to pay $30,000 in this first year of the service
term, adjusted annually thereafter based on the San Francisco/Oakland!San Jose Consumer Price
Index (CPI).
Capital Improvements
Approximately $526,000 had been identified for various physical improvements to the PAAS.
In Palo Alto’s IMP, two major projects were scheduled to be completed at the PAAS. The first
project, scheduled for 2004-2005 and estimated to cost $193,000, included mechanical and
electrical renovations such as renovating or replacing the HVAC units, boilers for radiant floor
heating and an emergency generator. The second project, scheduled between 2008-2011 and
estimated to cost $163,000, included a new roof, flooring and painting. Included in the 2002-03
Capital Improvement Plan (CIP) is a $160,000 project for protective custody kennels.
Approximately $10,000 is included in Public Works budget for ADA modifications for PAAS.
These projects would need to be completed regardless of any contracts with Sunnyvale or the
other regional cities due to the PAAS’ age and condition. However, since these projects have
CMR:516:03 Page 4 of 8
been identified and scheduled, there would be significant cost savings by completing them in
conjunction with the expansion, having Palo Alto, Los Altos, Los Altos Hills, and Mountain
View share the costs.
Because Palo Alto has reached its capacity for kenneling and housing for dogs and cats and in
order to provide services to Sunnyvale, additional kennel space, cat rooms, and veterinary
treatment rooms would be required. Specifically, the cat rooms would have to be enlarged,
eight new dog kennels with an adjoining storage area would have to be added, and additional
space for a small animal room and veterinary receiving/treatment area would be required. The
increased kennel space need is estimated to be about 2,448 square feet and the additional shelter
space is estimated to be about 2,023 square feet.
Consistency with MSC Master Plan
As explained in CMR:471:02, Planning Department staff reviewed the proposed addition to the
current PAAS to determine whether it is consistent with the Palo Alto Municipal Services
Center (MSC) Master Plan. Three components to the PAAS complex were included in the plan
that was adopted by the City Council in 1987:500 square feet of additional office space, 2,000
square feet of wildlife administrative functions, and a wildlife rehabilitation area.
While the wildlife rehabilitation area is not quantified in the narrative portion of the Master
Plan, based upon the schematic portion of the plan, about 5,000 square feet was designated for
that area. The original intent for the use of the rehabilitation area at the time the Master Plan
was adopted was for the use by Wildlife Rescue, the organization that the City contracts with for
handling live wildlife. In 1997, Wildlife Rescue initiated a capital campaign in efforts to raise
money to help fund a wildlife facility adjacent to PAAS. However, it determined that it was not
feasible to direct its resources for a new facility.
Planning staff has concluded that the additional kennels needed for expansion are comparable to
the cages, shelters and aviaries that would have been built if the wildlife facility had been
located on the site. The additional cat rooms, veterinary examination and small animal rooms,
plus the needed expansion of the administrative office space and public lobby, result in a total
expansion of PAAS of 2,483 square feet, which is less than the 5,000 square feet of additional
office/administration space allowed by the MSC Master Plan. As a result, staff believes that the
proposed expansion is consistent with the current MSC Master Plan.
Staff believes that the continued partnerships with the original three cities, as well as the
addition of the City of Sunnyvale, will create more efficiencies and opportunities for improved
services at lower overall costs to all users, will not adversely affect the service to Palo Alto
CMR:516:03 Page 5 of 8
residents, will provide a larger, more modem facility that will continue to assure the humane
treatment of the animals housed at the Shelter, and will provide ongoing General Fund revenue.
All the City Councils have approved the attached agreements with Los Altos being approved on
November 12, Mountain View on November 18, Los Altos Hills on November 20, and
Sunnyvale on December 2, 2003.
RESOURCE IMPACT
Attachment 3 contains two ten-year fiscal forecasts for all revenues and expenses (operational
and capital) associated with Palo Alto animal services. Model 1 projects future revenues and
expenses associated with providing animal services to the existing contract agencies. Model 2
projects future revenues and expenses with the existing contract agencies and the addition of
Sunnyvale in 2005-06. While the actual number of animals handled for each city may fluctuate
from year to year, using these figures, Palo Alto’s cost share percentage in Model 2 would be
about 45 percent; Sunnyvale - 23 percent; Mountain View - 18 percent; Los Altos - 10 percent;
and Los Altos Hills - 4 percent. The cost sharing nature of these agreements means that the
contract cities will contribute roughly 55 percent towards the Animal Services shelter’s total
operating expenses. This includes the sharing of additional administrative expenses (due to an
increase in FTE in Model 2) charged to the Animal Services operation by administrative
departments
Palo Alto’s anticipated reimbursement (see the °’Revenue From Other Agencies" line in Models
t and 2) under the three agreements with the original cities is $518,253 in 2003-04 and will
increase to $858,569 (including host fee) in 2005-06 when Palo Alto begins providing animal
sheltering services to Sunnyvale. By contracting with Sunnyvale, Palo Alto animal service
expenses will be $172,000 greater overall in 2005-06. Total revenues in the same year will be
$316,000 greater with the inclusion of Sunnyvale, resulting in $144,000 more net revenue. This
trend continues through 2012-13 resulting in an average of over $100,000 a year more in net
revenue over the course of the contract.
If all regional contracts, including Sunnyvale, were terminated and services were provided only
to the City of Palo Alto, overhead costs associated with the facility maintenance, repairs and
upgrades would not decrease and would be paid entirely by the City of Palo Alto. By Palo Alto
contracting out services for animal control and sheltering, the static costs described below will
be shared by the partner cities for a minimum of 10 to 20 years. The spay and neuter clinic
would remain open at current staffing levels; a kennel attendant would still be required to care
for the animals seven days a week; and office staff would still be required to answer four live
CMR:516:03 Page 6 of 8
phone lines, provide walk-in customer service, take in animals, perform adoptions, record lost
and found reports, discharge spay and neuter patients and monitor Palo Alto’s dog license
program. In 1993, Council approved 1.5 FTEs to handle the additional animals associated with
providing animal control and sheltering services to Mountain View, Los Altos, and Los Altos
Hills. If the contracts with the regional cities were terminated, staff estimates that it could
reduce 1.5 FTEs in Animal Control Officers, in addition to the 1.5 FTEs that is required to take
on Sunnyvale, and still provide the same level of service to Palo Alto residents. In the past 12
months, the animal control officers handled 3,973 calls for service in the City of Palo Alto
alone.
Future budgets will include resources for the augmentation of the animal services operation to
accommodate the additional animals expected from Sunnyvale in 2005-06. With the additional
expansion and remodeling expenses needed to accommodate Sunnyvale’s animals, the total
capital project costs are estimated to be $1,898,000 (see Attachment 4). Because Sunnyvale,
Mountain View, Los Altos and Los Altos Hills would share in the above costs under Model 2,
the impact to the Infrastructure Reserve is about $553,000, a reduction of $49,000 from the
originally projected $602,000 in Model 1.
The addition of 1.5 FTE and other non-salary expenses associated with the Sunnyvale
agreement of approximately $172,000 beginning in 2005-06 on an ongoing basis (including
$110,000 in salary, and $14,000 in non-salary expenses, and $48,000 in department
administration and cost plan charges), will be more than offset by $316,000 in additional
ongoing revenue, including $268,000 from contract cities and a $30,000 host fee from
Sunnyvale. This will mean a net positive impact to the GFBSR.
All of the cities will be paying their share of the estimated capital design and planning costs
before January 1, 2004 and the estimated construction costs by August 1, 2004.
POLICY IMPLICATIONS
Approval of the agreements is consistent with existing City policies.
ENVIRONMENTAL ASSESSMENT
This project has been determined to have no significant effect on the environment and to be
Categorically Exempt from the requirement for the preparation of environmental documents
CMR:516:03 Page 7 of 8
under the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 19,
Section 15303, Class 3, (c).
ATTACHMENTS
Attachment 1:Animal Shelter Expansion and Renovation CIP (PEO414)
Attachment 2:CMR:314:03
Attachment 3:Animal Services Fiscal Forecast - Models 1 and 2
Attachment 4:CIP Costs
Contracts with Los Altos, Los Altos Hills, Mountain View and Sunnyvale.
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
SANDRA STADLER
Animal Services Superintendent
Police Administrator
LYN~ JOHNSON
Police Chief
EMIL~-HARRISON
Assistant City Manager
CMR:516:03 Page 8 of 8
NEW
Animal Shelter Expansion and Renovation (PE04014)
New -- infrastructure: Buildings and Facilities
PROJECT DESCRIPTION
This project will provide a 2,000 square foot expansion of the Animal Shelter to increase administrative space, cat
rooms, veterinary receiving/treatment area, spay/neuter clinic, storage areas and add a small animal room. A new sep-
arate 2,500 square foot dog kennel building will also be added. In addition, the HVAC system will be renovated or
replaced, electrical service panels will be up~aded and ADA requirements will be met. If necessary, the structure will
be seismically evaluated and structural work done. Other renovations include flooring, painting, and roofing.
PROJECT JUSTIFICATION
Since 1993, the City has provided animal control services to the cities of Mountain View, Los Altos, and Los Altos
Hills. Pending the finalization of an ageement with the City of Sunnyvale, Palo Alto would provide sheltering and
associated sen, ices beginning in 2005. In order to provide services to Sunnyvale and because Palo Alto has reached its
capacity for housing and kenneling animals, an expansion of the facility is needed. The partner cities will meet their
share of these capital improvements resulting in Palo Alto’s share being approximately $480,000.
The Anima! Shelter currently has funding in CIP 10306-Animal Services Protective Holding Kennels in the amount of
$160,000 in FY 2002-03. This project provides for additional kennels to create adequate space and a safe environment
for animals, staff and visitors, as well as complying with State law. CIP 10500-Animal Placement Center Mechanical
and Electrical Renovation identifies $193,000 in FY 2004-05 as part of the Infrastructure Management Plan (IMP) to
upgrade and/or replace the facility’s antiquated systems. Additionally, other renovations totaling approximately
$150,000 are in the IMP. The CIP projects and other IMP renovations and their funding will be closed and all the work
done as part of this expansion and renovation project.
PROJECT STATUS
This project is scheduled for FY’s 2003-05, with completion in Spring 2005.
FUTURE FINANCIAL REQUIREMENTS
FISCAL YEAR
2003-04
2004-05
2005-06
2006-07
2007-08
AMOUNT
$365,000
$1,460,000
COMPONENTS
Design
Construction
Sources of Funding: General Fund and Infrastructure Reserve with the following reimbursements: Cities of
Sunn3wale/Mtn View/Los Altos!LA Hills ($269,000)
2003-05 Bu@t CiO, ofPalo Aho 61
Animal Shelter Expansion and Renovation (PE040!4)
continued
ClP
IMPACT AND SUPPORT ANALYSIS
¯Environmental:
¯Design Elements:
¯Operating:
¯Telecommunications:
An environmental analysis will be required.
This project will be subject to review by the ARB and the PTC.
These improvements will reduce the cost of structural and systems maintenance actix, ities
performed by Public Works/Facilities Management.
None
COMPREHENSIVE PLAN
This project furthers Policy C-24 and Pro~am C-19 of the Comprehensive Plan.
Managing Department: Public Wor~
62 CiO, of Palo Alto 2003-05 J3udget
ATTACHMENT 2
TO:HONORABLE CiTY COUNCIL
FROM:CITY YL&NAGER DEPARTMENT: POLICE
DATE:
SUB3ECT:
JUNE 23, 2003 CMR:314:03
APPROVAL OF ASiENI)MENTS EXTENDING AGREEMENTS
WITH THE CITIES OF MOU..~TAIN VIEW AND LOS .ALTOS .~ND
THE TOWN OF LOS A&TOS HILLS FOR ANIMu&L CONTROL
.~XI) SHELTERING SER’V~CES FROM JULY 1 TO DECEMBER 31,
2003
RECOMMENDATION
Staff recommends that the City Council approve the attached anaendments extending
a~eements with the cities of Mountain View and Los Altos and the town of Los Altos
Hills for animal control and sheltering selwices from July 1 to December 31, 2003.
DISCUSSION
The City of Palo Alto has provided animal control and sheltering services to the cities of
Mountain View, Los Altos, and Los Altos Hills since August 1993. The current
a~eements expire on June 30, 2003. Staff has also initiated contract negotiations with
the cities of Sum~yvale and Cupertino for animal sheltering selMces, which would require
an expansion of the existing Palo Alto _Animal Shelter (CMR:471:02). Because Palo Alto
has reached its capacity for kenneling and housing for dogs and cats, in order to provide
services to Sunnyvale and Cupertino, additional kennel space, cat rooms, and veterinary
treatment rooms would be necessary. In addition, various physical improvements
detailed in the Palo Alto’s Infrastructure Management Plan (IMP) for the .Animal Shelter
would be required. Each of the contract cities will share in the capital costs for facility
improvements. Before detailed space needs can be determined, Palo Alto requires a
commitment from the current client cities as to their intentions of continuing to contract
on a long-term basis with Palo Alto for animal control and sheltering sela, ices. Staff has
been in contact with representatives from each of the cities and they have expressed a
strong desire to continue contracting for services with the City of Palo Alto.
The additional animals that will be handled at the shelter will also affect the operational
costs to the ti~ree current client cities. As a result, staff has initiated discussions with all
five cities for long-term a~eements. Additional time is needed to finalize the long-term
a~eements because of the complexity associated with allocation of capital improvement
costs. By amending the current operational contracts, staff will have the additional time
required. Staff anticipates bringing the long-tem~ contracts to Council in early
September.
RESOURCE IMPACT
Under the current a~-eements with Mountain View, Los Altos and Los A!tos Hills, costs
for ser~,ices are based upon the actual number of animals handled for each city. Fiscal
year 2003-04, operational revenues are being increased by $21,138 to accommodate the
increase in costs to provide services to the contract cities.
POLICY IMPLICATION
This plan is consistent with current City policies.
This is not a project under CEQA.
ATTACHMENTS
Attachment A:
Attachment B:
A~eement Amendments
CMR:471:02
CNLR:314:03 Page 2 of 3
PREPAP,~D BY:
DEPARTMENT HEAD REVIEW:
Sandra Stadler
Superi~l ~endent ~imal/N~ ices
Lynne Jbhnson
Police Chief
CITY MANAGER APPROVAL:
Emily Harrison
Assistant City Manager
CNfR:314:03 Page 3 of 3
~PR-29-2DO3TUE !0:~2 ~P, O~
A.~M~T~ TO A~P~.~MY~NT FOR EF~RGEN~’~Y !%kv~L-~ "
CONTROL ~.ND SKELTERING SEKVICES
CTTY OF MOUN~fAIN VTEW
This Amendment to the Agreement for ~me~gency Animal
Contro! and Sheltering Se~gices is made this __ day of .............
2003, by and between the City of Palo Alto ("Pa!o A!to~) and the
City of Mountain View (~A~enc¥~).
R~CITALS
~EP~EAS, the parties entered into an Agreement dated
September 26, 2000, for Pa!o Alto to provide a~oimal contzo! and
sheltering services, and particularly those associated with dogs
ru~ning at large and with rabies prevention, ~o Agency co~-~mencing
on October I, 2000, and terminating on June 30, 2003; and
WHEB.EAS, the parties now wish to extend Ehe te~-m of that
Agreement fo~ an additional six months in order to comp!et~
negotiation for a new long te~m.., agreement;
NOW, THErEFOr_E, ~n consideration of the following
covinants, te~ms, and conditions, the parties agree:
SECTION i.Term.
The term of ~he Agreement is e~tended for an additional
six (6) months comm=.ncing on July i, 2003, and terminating on
December 31, 2003.
SECTION 2.Co.~Toensation.
Agency shal! pay to Pa!o Alto for all services provided
under this Am=_ndment to the Agreement for the six months additional
term in two equal payments due and payable on or before August !,
2003 and Noven%bex i, 2003, ~n esti~ted amount for the six month
period equivalent to Agency’s projected share computed on the basis
of Palo A!to’s FY 03-04 budget for annual services.
The first quarterly payment shall be due ~nd payable on
August I, 2003. The second q!uarter!y payment shall be payable on
November i, 2003. Pa!o Alto shall submit quarterly billin~
statements to Agency, as a courtesy r~minder, but ~nadvertent
failure or lateness of such billing shal! not alter Agency’s
obligation to make any payment in a timely’manner.
0;~041 ~ cl 00443~0 1
~PR-29-2D03 TUE long2 ~FAX NO,P, 0¥
SECTION 3.Te_~ms and Conditions Unaffected.
F~xcept as exlD_ressly amended herein or-as necessarily
a~ended by implication, al! terms and conditions of the Agreement,
including a!l rights and obligations of the p&~ties, shal! ~e~ain
in Zul~l force a~d efZecZ "~nder.this.~m~ndment to the
i!~ WITNESS WHEREOF, the parties have executed ~his
Agreement ~n Pa!o Alto, County of Santa C!ara, California, on the
date .first above stated.
"PALO ~_LTO"
CITY OF PAL0 ALTO
,,AG~NCY-
CITY O~ MOUNTAIN VIeW
~ayor Mayor
ATTEST:ATTEST:
City Clerk
APPROVED AS TO
City Clerk
APPROVED AS
Senior Asst. City At[orney
APPROVED:
City Attorney
Assistant City Manager
Police Chief
Director of
Administrative Sez-vices
0304-1 ~ cl 004-320 2
AMENDMTA%~ TO AGREEMENT FOR ANIMAL CONTROL
AND SHELTERING SERVICES
EETWEEN THE C!TY OF PALO ALTO AND THE
CITY OF LOS ALTOS
This .Amendment to the Agreement for Am_imal Control and
Sheltering Services is made this day of , 2003, by and
between the City of Pa!o Alto (~Pa!o Alto") and the City of Los
Altos ("Agency").
RECITALS
WHEREAS, the parties entered into an Agreement dated
September 27, 2000, for Pa!o Alto to provide animal control and
sheltering services, and particularly those associated with dogs
running at large and with rabies prevention, to Agency commencing
on October i, 2000, and terminating on June 30, 2003; and
WHEREAS, the parties now wish to extend the term of that
Agreement for an additional six months in order to complete
negotiation for a new agreement;
NOW, THEREFORE, in consideration of the following
covenants, terms, and conditions, the parties agree:
SECTION !.Term.
The term of the Agreement is extended for an additional
six (6) months commencing on July !, 2003, and terminating on
December 31, 2003.
SECTION 2.Compensation,
Agency shall pay to Palo Alto for all se_~vices provided
under this Amendment to the Agreement for the six months additiona!
term in two equa! payments due and payable on or before .August !,
2003 and November i, 2003, an estimate amount for the six month
period e_quiva!ent to Agency’s projected share computed on the basis
of Palo A!to’s FY 03-04 budget for animal services.
The first quarterly payment shall be due and payable on
August i, 2003. The second quarterly pa]nment shall be payable on
November i, 2003. Pa!o Alto shall submit quarterly billing
statements to Agency, as a courtesy reminder, but inadvertent
failure or lateness of such billing shall not alter Agency’s
obligation to make any payment in a timely marker.
030424 c113044321
SECTION 3.Terms and Conditions Unaffected.
Except as exp. ressly amended herein or as necessarily
=~,L~u=u w~ =~=u=~:, all terms and condi~ 09 the Agreement,
including all rights and obligations of the -r~’ ,p=_uaes shal! remain
in full force and effect under this Amendment to the Agreement.
IN WITNESS WHEREOF, the parties have executed this
Agreement in Pa!o Alto, County of Santa Clara, California, on the
date first above stated.
"PALO ALTO"
CITY OF PALO ALTO
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORg4:
Senior Asst. City Attorney
APPROVED:
"AG ENCY"
City Manager
ATTEST :
~
T) FORM
orney
Assistant City Manager
Police Chief
Director of
Administrative Services
030424 el 0044321 2
RPR-29-2003 TUE 10;~! ~NO,
~MENT TO A~~~T FOR
CONTROL AND SHELTERING SERVICES
TOWN OF LOS ALTOS H~LLS
This ~endment to the Agreement for Emergency Animal
.Control and Sheltering Services is made this __ day of ,
2003, by and between the City of Pa!o Alto ("Pa!o A!to"i’ and the
Town of Lo~ Altos Hills ("Agency").
R~C!TALS
WF~RF~XS, the parties entered into an Agreement dated
September 26, 2000, for Ra!o Alto to provide ~nima! control and
sheltering services, and particularly those associated with dogs
running at large and with rabies prevention, to Agency commencing
on October l, 2000, and terminating on June .30, 2003;
krrlEREAS, the parties now wish to extend the term of that
Agxeement for an additiona! six months in order to com_Dlete
NOW, THEP~FORE, in consideration of the following
covenants, terms, and conditions, ~he parties agree:
SECTION !.Te_~m.
The term of the Agreem=--nt is extended for an additional
six (6) months commencing on July !, Z003, and terminating on
December 31, 2003.
SECTION 2.Comoensation,
Agency shall pay to Pa!o Alto for all services provided
~ndez this Amendment to the Agreement for the sixm~nths additional
te_~n in two equa! payments due ~nd payable on or before August !,
2003 and Nove_nber I, 2003, an estimated amount for the six month
period equivalent to Agency’s p~oject share computed on the basis
of Pa!o A!to’s FY 03-04 budge~ ~or an±mal services.
The first quarter!y payment shall be due and payable on
August !, 2003. The second quarterly payment shall be psyab!e on
November !~ 2003. Palo Alto shall submit quarterly billing
statements to Agency, as a courtesy reminder, but inadve~en~~
failure or lateness of such billing shall not alter .Agency’s
ob!iga~ion to make any payment in a timely manner.
~PR-29-2003 TUE !0~62 ~FAX NO,P, OB
SECTION ~erms and Conditions Unaffected.
~--xcept as expressly amended herein or as necessarily
amended by im_D!ication, all te_~ms and conditions of the Agreement,
including al! rights and obligations of the parties, shall remain
infu~! force and..effect under .this Amend~nent ~o.~he Agreement.
!N WITNESS WHEP~OF, the parties have executed this
Agreement in Palo Alto, County of S~nta Clara, California, on the
date first above stated.
~PALO ALTOn
CiTY OF PALO ALTO
~AGF~NCy"
TOk~ OF LOS ALTOS HILLS
Mayor Mayor
ATTEST:’ATTEST:
City Clerk
APPROVED AS TO FOEM:
Senior Asst. City Attorney
APPROVED:
City Attorney
Assistant City ~nager
Police Chief
Director of
Administrative Services
Cib; of Pale Aito
City Manager’s
HON OttA_BL. CITY COU_,-N CIL
Report_
FROM:DEPA/~TS~.NT: POLICE
DATE:
SUBJ~CT:
DECE_~{BER 9, 2002 C~{R:471: 02
CONCEPTUAL A_PPROV_aJ_. FOR CONTI~A~CT WITt! T~. CITY
OF S[~-YVALE TO PRO~]I)E _~N-L~i~ Stt!;LTERLNG ANI)
ASSOCL4~TED SERY’ICES
RECOS~NT)ATIONS
Staff recommends that Council conceptuaI!y approve a.contract wi’ch the Cib7 of Sunn?~ale to
efficiencies ~d oppo~Nfies for ~aproved se~dces at lower overall costs to all users of the.
Palo _~to ~al Shelter (P~S), as wel! as provide ongoing General ~d Ncome.
BACKGROU~
Since 1993, the Cib; ofPalo _aJto has provided re~ona! anin,al control sei~ices to the cities of
Mountain View, Los ~tos, and Los Altos Hills. "Under the a~eements with the three cities,
Palo Alto ~mimal Control Officers (ACOs) respond to all sick and injured, dead, agNessive and
dang:erous animal calls-for-sendce and n-ansport the anh~a!s to the P_~iS where they are
housed, and if necessary, receive medical attention.
Recently, representatives from the City of Sunn?.~.-ale approached Palo Alto staff regarding the
possibi]_ib, of Palo Alto providing sheltering and associated sen;ices. Sunn?,~,-ale is currently a
member of a Joint Powers Autho~ty (JPA) with six other cities that was developed to form the
Silicon ~ a!!~?, Animal Control Authority (SVACA). with the goal of providing animal control,
shelter, and related services to the seven cities. Under the JPA, SVACA secured an a~zeement
with the Humane Socieb~ z%r sheltering seia4ces until such time a new SVACA shelter can be
ba,lc. U~f~:e the other cities, Sunn?~ale elected to retain its e:aisting animal contro~ services that
are administered by the Smm?wale Department of PubIic SaI%b*. A_~-%er receiving inz%nnafion
about s~gnmcantly increased operational costs, to_~h,,: with its Very. large share for the
construction of a new shelter, Suntan,ale ,~qu~sted a proposal from Palo Alto as a potentia!
alternative. Tltis report provides im%nnation related to a proposa! provided to Sunny,,ate,
C51LP.:471:112 Page i of 5
including cost/revenue estimates and Capital Improvement Pro~am (CIP) cost projections. The
Ci~,’ of Sunn)~rale has requested a similar proposal from SVACA. Sunm)~Tale must detennine
which proposal to accept prior to December 31, 2002, so that it can notify SVACA of its
decision.
DISCUSSION
Discussions with the Cib7 of Sunn~z~ale were initiat~d in Sepiember 2002. Staff from the
Smm)wale CiD, Manay~er and Cib’ Att0mey’s Offices, and the. Finance. and Public Safen/
Departments met with representatiyes of the Pa]o >Hto Police Depmwment The purpose ofthess
meetings was to obtain specific im%rmation abom ser~,Jces required by Sunn?a,’ale and the
potential ofPalo ,Qto providing those sen;ices. Staff from Palo Alto’s Administrative Services,
Public Works, Planning, and Police Departments developed a proposal that was submitted to
Sunn?a;ale on November 19, outlining the services Palo _Alto would be able to provide for a
,~i~in~_u~_n of 20 years. The proposal (Attaci=nent 1).details the specific sen4ces Palo _,adto would
provide, estinaated ongoing operational costs, and projected capital costs that would be needed
in order to house Sunn?,wale’s mthnals, along with an estimated thneline for implementation.
This business plan has been reviewed by the City Auditor, and the Auditor’s memo is inc!uded
in the Comacil packet.
Currently, under the agreements with Los ,Qtos, Los Altos Hil!s, and Mountain View, costs for
sendces are based upon the actual number of animals handled for each city. A percentage is
calculated by dividing the total nmmber of animals handled by P,~AS by the number of animals
that ori~nated from each cib~. Staff would use the same formula for charging Surai?a;ale.
However, because Sunn)~ale would continue to provide its own anima! control sen,ices and
would only need sheltering and associated services, Sunn?a~ale would onty be charged for those
specific sendces. Staff has contacted the other partner ci~ies and all are supportive of this
proposal since all cities, including Palo AJto, would realize a reduction in ongoing operational
costs. Because the three other cities’ contracts expire in July 2003, staff has already had
preliminao~ discussions with them regarding flaeir agreements. While they are unable to make
any comntitments at fl~is time, they have indicated that they would be amenable to discussing
possible longer-term a~eements, especially with tower ongoing operational costs. Staff
believes the residents of Palo ,Qto would benefit fl-om this arrangement both through
operational efficiencies, an eK~anded PZ~_AS, and additional income to the General Fund.
StaiN~ - ~e increase in t~he number of arimais associated with Stmnyvale wil! require !.5
additionai FTEs for the Police Deparnnent. Specificaliy, a .5 Veterinary Technician, .5 Animal
Attendant, and a .5 Animal Sen.’ices Specialist would be needed. Under t~he proposal presented
to Sum~}~’ale, the first year sala~ and benefit costs for these staff would be. the responsibilib~ of "
Sunn}~ale. J~ subsequent years~ because Palo _Alto m~d the other contract cities would recdve
the benefit of the additional staff, the salad, and benefit costs would be shared by the five cities.
Because of the addition of only 1.5 FTEs, staff believes that there wilt not be any impact to
supendsory span of control.
Capital Imnrovements - Because Palo .Qto has reached its cap’acib~ for kennetin~ and housin~
for do~s and cats, in order to provide set, rices to Sunnbn~ale, additional kennel space, cat rooms.
and veterinary treatment rooms would be required. Specifically, the cat rooms would have to bs
enlarged, eight new dog kennels with an adjoining storage area would have to be added, and
additional space for a small animal room and veterhaao" receiving/treatment area would be
required. The increased kennel space need is estimated to be about 2,4448 square-feet and the
additional shelter space is estimated to be about 2,023 square feet.
Planning staff has reviewed the proposed addition to the current PA_&S toa~rmme’~’~ " wheisr it
~ee components to &e P~%&S complex were ~cluded ~ the plan &at was adopted by
Co~cil N 1987:500 square feet of additional oz23ce space, 2,000 sa?a~e feet of wildliz~
Nn~.~ons, and a ~dl~ife rehabilitation area.ad~Ns~ative
~\,~le the wildlife rehabilitation area is not quantified in the nmTative portion of the Master
Plan, based upon the schematic portion of the plan, about 5,000 square feet was desig-nated for
that area. The orig-inal intent for the use of the rehabilitation area at the tiine the Plan was
adopted was for the use by Wildlife Rescue, the organization that the Cib, contracts with fof
handling live wildlife. In 1997, Wildlife Rescue initiated a capital campaig-n in effo~s to raise
money to help fund a wildlix% faciti~, adjacent to P~S. However, it detem~ed flaat it was not
fe~asible to direct its resources for a new faciliD~.
Planning staff has concluded that the additional kennels needed for expansion are comparab]e to
~e cages, shelters and aviaries that wou]d have been built if the wildlife faciliU" had been
located on the site. As a result, the 2,448 square feet needed for fl~e new kennds would be
consistent with the MSC Master Plan and is considerably less square footage than the 5,000
square feet planned z%r the wild iix% rehabilitation area. The 2,023 square ~%et needed for
additional cat rooms, veterina~ examination m~d sina!! anbna! rooms resuhs in a total expansion
of P.Q&_S of 2.483 square feet, which is less than the 5,000 square feet of additional
OIilCe/amrmmstranon space allowed by the MSC Master Plan. As a ~su!~. s~a~z believes that th~
proposed expansion is consistent with the curren~ MSC Master Plan.
maze 3 of ;
SmmFwale has indicated it would not have a challenge in meeting its share of capital costs, in
Palo Alto’s Infrastructure Management Plan (IM[P), two major pr~ects me scheduled to be
completed at PA_iS~ one in 2004-05 and the other between 2008-2011. These projects would
need to be completed regardless of providing services to Sunn)amle. Palo Alto and the three
other contract cities would pay for the costs related to Americans with Disabilities Act (ADA)
modifications, seismic npg-rades, and other renovations. I~ order to expedite this project,
Surm)~,-ale would be willing to work with the other conimact cities to potentially front their share,
of ~e capital costs. Staff bdieves that the services can be provided to the Cib’ of Sunn)~mle
without an)’ a&~erse impact to the residents of Palo _.~dto or the three cmtreni con~’aci cities.
Staff would return to Counci! with tt~e finalized a~eement for approval.
RE. SOURCE IMPACT
The proposed a~eement with Sunn).~mle would be riot a minimun~ of 20 years, with an option
for an additional ! 0 ),ears. Included in the attached proposal are operational cost breakdowns
based upon 2001-2002 actual costs. Using 2002 dollars, Palo ~lto:s anticipated revenue with
the addition of Sunn)~ale would be appro.ximaidy $80,000 for the fLrsi year of ser~ice. ,is
stated earlier, because Palo Alto and the ti~ee other contract dries would be~n paying a share
for the additional 1.5 FTEs in the second and subsequent ),ears.. Palo Aho’ s net annual revenue
would be approximately $40,000 in 2002 dollars from thai point fo~-ward.
Based upon the experience with the other contract cities, additional revenue may be expected tot
Palo Alto as Sunnyvale residents utilize the services of the Spay,~euter, impound and
vaccination fees, and retail sales. Staff anticipates that appro)dn~ately $17,000 in additional
annual revenue; all of which would bdong to Palo ,~lto, would be ~.~p~.cted. Staff’has also had
conversations with Sunn)wale re~ardin~ a potential annual surcharge or "host fee" in the. amount
df S 15,000 to $20,000 that Palo A_lto would receive from Sunnyvale. The specific amount of
this surcharge would be determined at the time of actual contract negotiations.
Palo .~dto’s estimated share of expansion costs are about $480,000. As noted above, in the 10-
year EV£P apprmf_rnatdy $526,000 had been identified for various physica! hnprovements to the
P~.S. They inciude C!P 10500 for mechanical and electrical renovations in the a~nount of
~ 19~.000 that had been proposed for 2004-2005 and $163..000 for a new roof, flooring and
painting that would have been proposed witlin the ne):t five to seven ),ears. Approximately
$ !0.000 is included in Public Works budget fox A_DA modifications for PA_AS. IncIuded in the
2002-03 Capital Improvement Plan (CiP) is a $160,000 project (10306) for isolation kermels.
This project was identified as a safety issue and because it has no relationship to the possible
CBXP~:47!:02 Page 4 of 5
provision of services for Suim}~m]e, Sum~}wMe would not be charged for this project
Attadm~ent 3 reflects Palo _&Ito’s estimated capital costs.
POLICY LMTPLICATIONS
Approval of the a~eement is consistent with existing City policies.
environmental review would be completed at the time of final desi~. The proposed PA_&S
facilib~ expansion is consistent with the Baylands Master Ham
Attachment 1:
A~aclm~ent~.. ~"
Attachment 3:
P~PARED BY:
:amimal Shelteing Services Proposal for the Ci~ of Suzmswale
_Municipal Services Center Master Plan portion related to Animal Services
Complex
Matrix Reflecting P alo~to’s,CI17~ostsf
! )
L -Y2N~ JO!-L-NS ON
Assistant Police Chief
DEPJ,~TR,LENT
PATRICK DX~%~R ,/~v
Chief of Police
CITY h6Q,NAGER APPROVAL:
I£a.tRISON
Assistant Cib, Manager
C5fR:47t:02 ~ ~~ a~e 5 of 5
ATTACHMENT ~
Cityof Pa!o Ako
PoZice Deparfment
The City of Sunnyvale has requested the City of Palo .Qto to provide a proposal for
sheltering and associated ser~4ces for domestic animals belonging to Sunm~,ate
residents fora minimum of twenty (20) years. This document includes a detailed List
of ~e services to be provided, estimaied ongoing costs., estimated capital
improvement estimated costs, and a timeline for implementation.
The Ci~ of P~o Cdto believes that it can provide professiona!, cost-efficient and
effective shelterin_o and associated sen4ces to the Cib, of Sunn.’, .ale without any
adverse impact to the level of service pro~dded to the residents of Palo .Qto and the
other contract cities.
B ack_zroun d
From t934 to 1972;. the Palo Alto:s Animal Control Pr0~am consisted of Amimal
Control O~icers who enforced the Cib~:s Municipal Code sections re~arding the care
and keeping of animals. The Cit7 of Palo _Qto opened the _~J_ma! Ser~,ices and
Placement Center on East Bayshore Road in 1972. The Low-Cost Spa),’ and Neuter
Clinic opened approximately one year later in August 1973.
In mid-1993, the Cib’ of Palo .Alto entered into a_m-eements with the cities of
Mountain View, Los Altos and Los A_kos i-Iills for regional animal contro! ser~,ices.
The current contracts with these cities include emergency animal control services
and sheltering and enforcement of State and local laws and dog licensing. Palo Alto
_Anima! Control Officers (ACOs) respond to at1 sick and injttred, dead, aggessive
and dangerous animals. Animals are transported to Pa!o Alto Animal Sen, ices
(PAAS), where they are housed, and if necessary, receive medical treatment. Palo
.Qto employs a full-time veterinarian who provides required medical care. ,’%%er
hours, Palo A_lto has a contract with South Peninsula Emergency Veterina_D, Ciinic
and several ot~er local veterinarians to cars for sheltered animals dining times when
the Cib’ veterinarian is not available.
Attempts to reunite lost pets with their owners are a priori% Ctunentiy, PA=~S
return-to-owner rate for dogs is doout 65 percent. Those animals that are not
redeemed are evaluated to determine their adoptabilib< Of those clogsand cats that
are put up for adoptio~ about 95 percent are successfuliy placed in new homes.
PAAS staff members who are ce~ified as euthanasia tecb_nicians humanely euthanize
animals that are deemed unadoptable due to their medical condition or behavioral
275 ~orest Avenue
Palo .Alto, C_~ 94301
650.329.2406
650.329.2565 fax
450.8!7.3120 Admiv/s~a~on fax
problems. ]Euthanasia is done by mu injection of sodium pentobarbital. Jmhnals that
are approved for adoption are held ~or an indeterminate amounl of time (average .of
~o to four weeks) ~dth the hopes of finding an appropriate new home.
Palo .,~to operates a SpayfNeuter Clinic and provides vaccination m~d microchipping
s~n,-ices for animals. These se~ices ~ould be available to S~)a~ale residents.
B~cause the costs to provid~ ~sss s~twices ~ not sh~sd by con~aact cities, ai!
r~v~nu~ associated wi~ them ~e r~t~d by ~ Cib~ of Palo
Disposal of dead animals is currently done by Koefran Industries. Koefmn offers
both communa! and private cremation and the cost is charged to the animal o~mer.
Pronosed Se~dces for the Ci~, of Sunned,ale
Based upon Sum~)wale’s 1,829 average total of dogs, cats and others, the. CiD~ of
Palo ,~to offers the following services that would be the responsibitit3./of Pa]o _~to
t)General care of aI1 animals arrR.in_~ at P_4~z~S includin_~: daily ,~-~
sheltering, cleaning and required medical care.
2~ Holding of all s~ay animals for seven days for owner redemption.
3) A~e_m_pts would be made to match lost animals with their owners.
4) Evaluation of al! animals for adoption.
~ " ’~each animal5) _kaamtenanc~ of records on
6) Perform spay/neuter surgeries and microchip all adoptable ar~m~als.
7) Humanely eathanize animals unavailable for adoption because of heaIth or
behavior.
8) Disposal of al! dead domestic and ~41d animals (except adult deer).
9) Provide intake semdces for any stu-rendered animal from residents of
Sunny-vale.
10) Prm4de witness testimony as to the temperament of animals being sheltered at
P,Q~S.
11)Provide training to Sunn?~;ale’s ACOs regarding PAAS policies and
procedures. Sunn?wale’s ACOs would be required to become State certified
euthanasia technicians.
t2) License all unlicensed dogs.
SumDwale ACOs wou]d be responsible for the following tasks:
I) Transportation and delh~ery of animis to
-2) ,it the time o~ am. at at PA_&S, complete the intake process for each anima!,
dead or alive, via the Chameleon software pro~am.
3) Initial kenneling of each animat and pro~dde the animal with food, water and
bedding.
4) Additional information on anfmais being housed at PA_~S must be provided
,.~anema~el~, upon discovery.
5)\7accinme incoming dogs for canine distemper .(D~PP) and cats for feline
distemper ,(F\/-RCP).
6) h~ an animM requires medical evaluation or treatment upon azfival at I°J~S~
vete_dnary staff must be notified.
7) Scan all amdving domestic animals, including dead auimals: for a microchip
prior to placement.
S) Euthanize unweaned animals: upon an-h;al to shelter., according to PA_&S
veterinarian:s criteria.
9) Monitor and release quarantined animals quarantined at P.A_AS Chameleon at
the end of the quarantine period.
10)Decapitate and provide transportation to the Counb, Health Depar-unent any
suspect rabid animal.
Ti~e Sunn?wale Department of Public Safeb, would assume all responsibi!ity for the
investization of animal cruelty in the Cib~ of Sunn}~,a!e and for conducting all the
dangerous/vicious anima! hearings as required by law, unless other arrangements are
made. The costs for long-term housing and:or memca! treatment for inimats in [h~se
categories will be accrued and invoiced based on actaal costs and would be the
responsibilib, of Sunn?wale.
Hours of Operation: The PAn, kS is open to the public fi-om 11:00 a.m. to ~:30 p.m.,
Monday through Saturday and is closed Sundays, holidays and eveo’ other l=~iday.
Surm?a,-a!e ACOs would be provided access to P,QhS during ~tighttime and other off-
hours.
Ferat cats: P,~¢S currently rents humane traps to the residents of Pa!o _Alto and the
regional cities it set,rices for the purpose of t.-apping feral cats. The Cib, of
Sunn)~’ale has hm~ane box traps available to its resident~ at no charge. P_A~¢S will
not duplicate finis sendce unless other arrangements me made. Feral cats will be
accepted from SurmFale residents either over the counter at P,~S or from
Sunnywale’s field officers. Fera! cats are held for a minimm~a of 72 hours. IfPAAS
s{aff ascertains a cat is truly feral, it will be euthanized. The Spay and Neuter CliNc
pa~icipates in a number of proganas desi_m:~ed to contro! the number of feral cats
through a trap and release policy. Sum~?,wale residents would be encouraged to
participate in these progams.
Wildlife: Live ~41dik% of any kind will not be sheltered at P.Qa~S. Pa!o _4]to
cmn-entty contracts ~4th WiidEfe Rescue for the handling of live wildliI%. It is our
understanding that SunnyvMe contracts with Silicon Valley Wildlife Rescue for
’ wfldhie. Palo Alto con:u’acts wit]~ athese sem4ces. ?a!o Alto wil! dispose of dea~ " "~
disposa!s~,r~ ~" ,’~c~,~a vendor who :oicks u~. the dead animals once a week. The_ dead
animals are rendered m the vendor’s site.
ONGOLNG SERVIC~ COST EST~{4TES
Fom~ula for Aroma] Costs
Paio ~2tto detem~ines the costs for contract cities based upon the actual number of
animals handled for each cib< As an example, if !.000 mtimais are processed at
P_~%S during a year, they are broken down by the c, iU~ of oi~=~in. A percentage
calculated by divi~ng ~e total n~b~r of ~als h~dl~d by ~e n~r ~ai
~ from th~ specific cib~ (~.g., if 500 ofth~ 1,000 ~Ms c~ from Palo _Qto, th~n
50 percent of~e iotM ~ro~ costs would be Palo _Qi6’s responsibHiD~. ~ 250 of
th~ 1,000 c~e from S~)azale, then S~)~ale would be responsible for 2~ percent
of th~ total pro~ costs. Based on tlfis calculation, costs may ~creaseidecreas~
each ye~ d~pen~g upon the actual n~b~r of ~als handled ~d ~e associated
p~rcentages. ~e previo~ y~’s ac~ cost d~t~s ~e est~ated cost for
subsequent ye~..~t th~ ~nd of each fiscal year, a~ acco~ng is done to
the actual n~b~r of ~Ms h~dled ~d ~e ~sociated costs of ~e pro~. At
~at tM~% ~e cib~ is eider billed or issued a re~d dep~n~g upon iis pa)~nts ~d
th~ ~fference bem~een ~e pa)~ents ~d acmat cost. P~e~onal contracts ~e bilt~d
on a queerly basis.
Smnnyvale has requested o~y she!ie~6mg and associated services, therefore costs
specific to field ser~dce operations and!or animal control would not-be charged to the
Cib’ of Sunnyvale and are not included in the cost estimates.
A!! I%es collected for the hnpounding and boarding of Sunnyvale animals and the
licensing of Sunn)wale dogs will be refunded to the Cib~ of Sunn)~Tale on a quarterly
basis, separate from contract pa~nents. Fees will be deiernined by the City of Palo
/ffto ~,~a~d will be. ~c!uded in the Cib, ofPalo ~<o _Municipal Fee Schedule.
PAAS would need to add !.5 staff to accon-~mod~te the additional animals from
Sunnyvale. Specifically, a .5 _~fimal Attendant, .5 Amimal Set,rices Specialist, and
a .~ \zeie~i~nmD~ Technician would be added. For the first ),ear of the contract,
Sunn)a,ale would be responsible for the total cost of salary and benefits for the
additional 1.5 positions. The second ),ear and each year thereafie% the costs
associated v~dth that 1.fi FTE would be spread amongst the five cities.
The star-ring additions of 1.5 FTE are a direct result of the provision of sendces for
Sum~)~ale and are calculated based upon Sumuvvale’s ACOs per~%ming all of the
requirements listed above. If the Cib; of Sunn).wMe does not choose to h~_ve its
personnel perform these tasks, additional staff over and above the 1.5 FTEs would
be required and charged to Sunn~,ale. Determination of specific staff additions
would b~ calcnlated by the additional number of tasks P,Q~S would have to
undertake according to the a~eement with Surmyvale. Associated cost increases
would be calculated during actual contract negotiations.
Should an actuala_o-r~,m~m_ ~ ~ "be £malized with Sunnvvale,. Palo >Jto would anticipate
conve~ing the PA_A_S operation into an ente~rise ~ud.
A~tachm~nt 1 shows actual costs for Pa]o AJio and the ~-’~.,_, ~.e contractc~’~’:~ es from July.
1,200i through Yune 30, 2002. R_~achrneni 2 reflects the estimated costs for Palo
_&_lto, the three contract cities and the Cib; of S ~tmn)a:ale for the same time peiod, in
addition to the costs reiiecte, d in these a~achmenis, Palo Rito would want to ressm;e
the. right to charge a reasonable and %npropriate surch~ge or "host fee’: that would
be calculated during actual contract negotiations..
The PA_AS structure was built in 1971 and has a wood frame with stucco. The
existing roof is tar and ~avel. ~adiant floor heaters heat the kennel house. The
office, cat rooms and S!N clinic have ~o small hWAC m~its, as well as radiant floor
heating in the office area. There is a s~parate isolation buildin~ ~4th an independent
~rAC unit.
In late t996, an infrastructure management study was completed for the Ci~, of Palo
.Qto. Several items were noted for replacement at PAA.S in future ?,ears. P_Q~_S is
scheduled for three major capital improvements over the next two to ten years;
including the up~ade of e_-xisting restrooms to ADA specifications; the installation
of new heating units for the kenneIs, office area, cat rooms and Spay/Neuter Clinic;
and the up~ade of the electrical service. Other areas that were identified include
new floors, exterior work, a new roof, and inteffnn interior work such as painting and
floors. Because this work would need to be included at the time of expansion
instead of two to ten years from now, Sunn?a;ale Would be requL,-ed to share in these
costs.
Because Palo Alto is currently at capaci~ for kennels, cat Cages, and veteriaao.,,
examination space, in order to accommodate Sumayvale:s additional animals, some
other capital improvemems will be required at PA~.~.S. The proposal for the capital
improvements is based upon Sunn)~;ate’s esthnated 1,600 tire animals iout of the
total t,829 total animals). This includes an increase of approximately 96 percent
cats. 30 percent dogs and ! 1 percent small/other smffmals. Additional ke~_ne!s, cat
rooms, lobby and administration areas, small anima! room, and veterinary
examination room would be added. Specificaliy, the fo!!owing additions!changes
would be made to I°AA_S:
¯ Cat Room ;@ea - Cats are currently housed in fl~ree areas: the stray cat room,
the a~’ailable for adoption cat room, and the isolation area. With the anticipated
number of cats from Sunn?a;ale, ~e cat rooms wil! need to be be enlarged in order to
accom_modate them. The available cat room and flae stray cat room wi11 each double
in square footage to acconm~odate 25 extra s~ay cat and 24 more adoption cages.
The addition to the stray cat room wi!] also act as feral cat housing.
~ Dog Kennels -Eight new dog kermeis wit1 be required to house Smrm?~;ale
dogs. The new stray kennels u,-ili be separated from the protective custody!long-
term hold kennels by a common kermel house.
Vete~nary Receiving/Treatment Room - Additional space wi!! be needed for
vet~rina~D, receiving and treatment. The increase of ii-ve anhmals will require the
creation of a small treatment room where the veterinary staff ca~ perfonr, exams and
treat shelter animals as prescribed by State law.
¯ Small _Animal Room - Small a~imals such as hamsters, parakeets, iguanas;
etc. are appearing with regularit3r at PA_~_S. These animals have specific housing
needs. Noise, activib’ and temperature must be controlled to ensure a safe and stress
free environment. SurmFwale’s sma!l animal numbers represent an mc_,,ase of i i
percent (avg. 167) of these assoi-ted small pets. A specific room to house these
animals is required. Costs associated with this addition wil! be shared by all invoh;ed
cities.
These additions, together ~,Jth some limited remodeling would also require some
_iDA changes as required by law. The City of Palo Alto cturrently has a $!60,000
C]lP budgeted for the new protective custody kennels. Sunn)~,ate would not be
expected to share these expenses. Additionally: portions of some of the remodelinZmr~e ofner cities. However, thai spacecosts would be shared by Palo AJto and the " ~
that is being added as a direct result of the inc!t4sion of SunnF~ale’.s animals would
be the responsibilib’ of the City of Sunn)~,ale.
It should be noted that based upon P.Q¢_S expe~ence with other contract cities, once
the residents of SunnF~ale become accustomed to the services provided by P~lo
¯ A_lio, it is probable thai they ~dll utilize the services of P~_&S to a ~eater de=~ee and
as a result, the number of incoming m~als may increase. It is Palo Alio’s
¯ understanding that SmmFa, ale would be able to cover its share of capital costs.
Additionally, in order to expedite the pr~eci, SunnFn, ale would be ~illing to assist
the three other contract cities ~dth thdr share of capital improvement financing.
Attachment 3 reflects the estimated C~ co’st breakdowns for each city. Because of
the relatively short time. frame for the development of this proposal, the CIP costs
are es~fimates on_ly. The estimates m-e conservative and may be less after a more
.detailed design is completed. The estimate in 2002 do!lars for Sunn)~,ate’s portion
is about
A~achment 4 provides an estimate of potential CIP costs that may be expected
arotmd 2015. These include exterior work such as paintin~ and associated trim work
as wel! as a new roof on the current kitchen!kennel buildin~. Interior work such as
floors, paint and ceiling work is also included in the plan. Using 1_o,96 dollars, the
estimated total costs associated ~dth these improvements are appro)5_mateiy $8!,000.
These costs would be shared by all contracts.
Thndine
Pendin$ approval by the Cib~ Councils of Palo A.lto and SunnF~,ale to proceed with
actual contract negotiations; Palo Alto staff anticipates the followLng time would
ensue prior to actual initiation of sendces:
Feb~a:y .~00~:
Febrnmu,-October 2003:
October-December 2003:
FLnal a~eement presented to Cib; Co.oils of
Sm:~nyvale and Palo ._lto for _~pproval
Design of faci~b’, envko~emal assessment
>~ ~d Plying Co~ssion Resdew
Ja_nuary-_~la_rcla 2004:
April-November 2004:
December 2004:
Bid a~ad contract award process
Co~asrmction
Initiation of Services
Attachments
Attachment 1:
.~,_ttaclzmaent 2:
Attachment 3:
A~achrnen~ 4:
2001-2002 actual costs for Palo _~to and tl~-ee cm-rent contract cities
through Jmae 30, 2002 and estimated costs for ser~ices by contact ciD,,
incl~ading Sunn?~Me, for FY 2001/2002
Estimated cost for services by contract ciD~ including Sama?~’ate for
subsequent se~’ices
Capital £mprovement Cost Estimates
Capital Improvement Cost Estimates past 2015
ATTACHMENT
A_nimal Services Actual Costs - Fiscal Year 21)01-02
Repar~
D~t~:e 9/16/02
Pale Al[o Mountain View
Cost Shar. Percentage 5~..5%23.2%$3.3%
Animal Admin $114,104 $45,252 $25,942
Pet Recovery $106,15B $42,100 $24,I35
Animal Care $I39,317 $55,250 $3! ,674
Animal Health $0 SO $0
Regional Animal $66,~53 $26,314 $15,085
Volunteer Program $0 $0 $0
Request for Service $1 D4,9I 3 $41,607 $23,852
Cost Ptan Spread $111,626 $ .44.~89 $25,378
Dept. Adrnin.$60,711 $24,077 $13.B03
TOTAL $703,182 $27g,869
Los Altos
Los Altos Hills TOTAL
YEAR I: E~tirnate of Costs with the Inclusion of Sunny~,ale
Additional non-salary costs spread across all contract cities
5.0%-~
$9,753 .. :$195.050
$11,907
Palo Alto Mountain View
Number of Animals 3,615 1,434
;Cost Share Percentage 45. ~%17.9%
iAnlma! Admin $95,223 ~7,773
Pe,. Recovery $87,05~$34,534
Animal Care $12I ,771 $4-~,304
Animal Health S0 $0
Regional Animal $66,3F_3 $26,3I 4
Voluntee~ Program $0 $0
Request for Service $1D4,913 $41,6D"7
Cost Plan Spread $96,064.$38,107
Dept. Admin."$52,247 $20,725
FOTAL $623,628 .$247,364
Plus Salary Expense
Total Sunnyvale
Los Altos
10.3%
$21,652
$19,795
$27,689
$0
$15,085
$0
$23_~,852
$2I
$11 ,BOO
$141,798
Los Altos
Hilts
313
3.9%
$8,245
$7,538
$10,543
$0
$5,671
$0
$8,957
$8,318
$4,524
$532.O5
Sunnyvale
1,829
22.8%
$48,178
$44..,0 .z~3
$g1,610
$0
$0
$0
$0
$48,603
$26,434
S228,g7!
95,188
324,059
Additional Salary and Benefit Costs FTE
Sol Ben
0.5 ~,449 16,002
0.5 4~,g24 16,8£3
0.5 48,609 17,499
Total Expense
30,225 1
31,908 l
3.3,054
Sunnyvale Proposal (finsl 11 -! 9-D2)1 I!I 9,’2032, 1:14 PM 1
YEARS 2+ : Estimate of Costs with the Inclusion of Sunnyvale
Sala~ and non-salary costs spread across all contract cities
Paio A~to
Numb=.r of Animals :3,615 1,434
Cost Sha.~ Percentage 45.1%
=Animal Admin $95,~3
Pet Re~ve~$87,055
~nima~ Care $I 21 ,~1
Animal Heath $0
R~9io~l Animal $66,~3 $26,314
Volunteer Prog~m $0 $0
Request for Sewice $1 C~,913 ~t ,607
Co~ Plan Spread $96,0~$3B,107
DepL Admin.$52,247 $20,7~
SUBTOT~$623,628 $27~364
Plus Sa~a~ ~ense 42,9~17,035
TOTAL $666,571 $264,399
822
10.3%
$21,652
$19,795
$27,689
$0
$15;0B5
$0
$23,852
$21,84.4
$1 ! ,SBO
$14!,798
9,765
$151,563
Los Altos
$~,245
$7,538
$10,543
$0
85,671
$0
$8,967
$8:318
$4,524
$53,80~
3,718
$57,52.3
1,829
22.,~%
$48,178
$44,046
$61,610
$0
$0
$0
~,603
~2_6,434
$221~.~71
;~i ,727
$250,598
TOTAL
t::
$1;295;466:~:
95,188
$1,390,654
Sunnyvale. Prouosal (fina! 1 I-!9-02)11, ,g,_OO~., 1:14 PM 2
ATTACNI~ENT 3
CITY OF PALO ALTO
ANIMAL SHELTER EXPANSION
BUm. iEPTCOST EST!MATF
COSTS PER SQUARE FOOT UNiT I COST
150/sf
1.2
CONSTRUCTION COSTS
Cost per square foot (national average)
Bay Area cost index
SUBTOTAL
Premium to keep existing facility open during construction
D esign/scopeisustainabiiity contingency
Construction contingency
TOTAL
15%
i5%
10%
40%
150.00
30.00
$180.00
27.00
27.00
18.00
$252.00
PROJECT DEVELOPMENT COSTS
Design 15% 37.80
Testing & inspection 1% .2.52
Environmental 1%2.52
Permits and fees 2%5.04
Project management 10%25.20
TOTAL 29%$73.08
TOTAL COST PER SQUARE FOOT 1 $325
COST PER SQUARE FOOT (Kennels)$I 60
PROJECT COSTS
Building
Kennels
Large Animal Housing
Parking lot expansion
Landscape
Sitework (drainao.e, paths, etc.) & utilities
Renovations to existing building
Allowance for seismic upgrades
Figures, furniture & equipment
Subtotal
Escalation
SF
2,023
2,448
256
1,800
2,000
2,023
COST/SF
$325
$160
$3O
$2O
$15
$30
5%
TOTAL
$657,475
$391,680
$7,680
~3o,000
’ $30,000
$I00,000
$400,000
$50.000
$60.690
. foo.52b,
$86.676’
$!,820,20!
S:lvlorris\Animat Shelter\Cost estimates; Last updated 11119/2002
ANIMAL SHELTER EXPANSION
BREAKDOWN OF PROJECT
COSTS BY CITY
DESCRIPTION/SPACE PALO ALTO SUNNYVALE MT. VIEW TOTAL
Newvet exam room
New administration
New lobby
New cat room #1
New cat room #2
New small animal room
Subtotal interior spaces
New dog kennels
New.large animal housing
Shift parking lot
New landscape
New site work & utility service
Renovations to existing b!dgs
Allowance for seismic upgrades
Figures, furniture & equipment
Escalation (5%)
TOTAL
ROUNDED OFF
Note:
%’s for shared improvements
819,oo6i
819.338t
$56,024!
$160,000i
$224,0001
s8,5oot
$10,3171
22.942!
$48!,783t
$480,0001
17!
8177,125i
$78,26ol
$72,800{
$67,6oo!
$83,200t
$79.6251
$231,680j
$7,68oi
$36,0001
$30,0001s~oo,oo0!
$35,oool
$42,483{
52.0731
$1,093,526i
$!,100,0001
701
$8,32oi
S26,364i
t.
o8,ooot
~4,855f
$~so,ooo!
LOS ALTOS
LOS ALTOS HILLS
$3,Z54i $2,236
$3,120i $2,080
$3,413t $2,275
$9,8871 $6,591
$~,oooi$1,5ooi
$1,8211
2.8601
$so,osst
3!
$24,000
$I ,000
$1,214
! .640
$34,4-~
$35,000
2!
$177,~25
$111,800
$104,000
$67,600
$83,200
$113,750
$657,475
$391,680
$7,680
836,ooo
$30,000
$100,000
$400.000
$50,000
$60,690
86.676
$1,820,20I
100
AT’i"AC~!~ENT 4
T
ATTACHMENT
east side of E~st l~yshore Road, approximately one m~le south of Embarcadero
Eoad. The site lies within the Polo Alto Baylands, directly’$b %he south of
the Ma~adero Creek, ~nd i-s bounded to the east and south by preserved m~r~h
Imnd. Access into. the site.occurs alon£ the East Bayshore Frontage Road.
Due to the potential for periodic flooding within the B~yl~nds, the
¢la?a Valley W~tem District has cons%rutted ~. levee dir.-ctly to the north,
east, and south of i;he site, This flood w~ll prevents flooding from
~dj~cen% mmrsh and from Matadero Creek fnom enterin~ the MSC
The Municipal Service~ Center functions primarily as an operational head-.
quarters for Public Work.: b_p~r,m.n~ and utility operations in the City,
Approximately thirteen percent of. the ~ite is utilized for uncmvered
storagee* and ten percent of th~ site is designated auto, truck, and equip-
mer, t p~rking sp~ce. The Finance Depart~nt purchasing division provides
~’~rebousing for City ~perations, Police bsp~rtmmnt Communications repair
~ctivity ~Iso occurs ~t the site, but has only minim~l impact on the day to
day MSC functioning. O~her familities include interior hazardou~ w&ste
storage, efuel station, and a prmposed vehicle.w~sh facility.
Th~ existing MSC site hzs %hr~e main buildings: Building A, ~ith 15,73D
square feet;B, with:23~935, square feet; and C, w~h’~ 32,720 squareThe bui,ldings arelow, one mnd ~o story structures ~th precest .concrete
wall panels an~ some stucco, These buildings house ’the maintenance opera-
tions for the City ~long with some support office sp&ce.
There is also an~_Anlnml Sh:-iter~complex on :he MSO. site, consisting of five
small buildings wl~-5,9_fO_~q~u~m~A~eet. The buildings are low,
one .story s~ructur~s w.ith e×te~rior-~D~ ’siding,~’-~h~.se buildings house theanimal servimes and care operations fDr"the City Ela~g withkennels and some
support office sp~ce. Finally, there is a newUtilityControl Center
(SC~DA) with 5.,41~ squmre .feet, This building, is.a low,. Mngle.stor.y struc-
ture wi~h a s~ucco finish, and h~uses the monitors for the City’s computer
systems along with some. s~pport.offi~e space.
Refer to Existing Conditions plan.
*!5.6 asres includes the area within the existing sesurity fence and the area,
of landscaping and parking between the fence and East Bayshore
"*Uncovered storage includes the fenced purchasing yard, materials storage
areas, ~nd m~terial bi~s. H~-~ar~ous waste ~torage is not in"-luded in this
~otkl,
B,Site Storag:_ and E~.,Ior Work Area
i, Number of volunteers fluctuates, -No large increaseBnticipated.
2, Access to NSC ad.~quate;
Facility staffed from 4:30 ~m to £:00 pm. There is constant public
access to the neuter clinic.
4..~_A=____"wildli~ ....re~u£=~" facility for the wildlife rescue program is pro-#_gs~T, ...................." ................" .........................
5,Security lighting is needed,
Locmtion sign is inadequate. The facility cennot be seen by publi~ due to
~ l~rge hedge,
7. Outdoor lunch fmcility,
TOTAL
!3
DEPARTMENT AUTO/VAN
DEPAP, TM~NT TRUCK
VOLUNTEER AUTO PARKING
1
2
0
0
4
PUBLIC PARKING SHELTERAND
BAYLANDS ViSiTOR
i.A number of B~,ylands visitors presently park i~
lot.
an~m-~ shelter parkin~
.i
in the Anim~l Sheite[ complex, the additional area requirements can be’-~
met by adding a new 500 sauare = office.ar.~a tothe existing ~ffice
building, A new, s@ara:e z~uuu square foo~ buiidi~iac~n~ ............to th~ ~.: ". ....
~l~?e aoml~l=~r=ulve
.A .new 4~900 square foot building is needed on the MSC site for Parks and
Open Space to accommodate the 3,080 square feet moved from Building C
along with !,800 square feet additional storage requested,
A new 7,200 square foot canopy is needed to protect the various groups’,
he’avy equipment from the weather.
A new 2~250 ............. ~qu~r= foot c~nopy4~ "::~:~ 1o :~.~mmoda~.-~-- ~: Li~u,,~ and
Power’s relocated storage and work space,
Any new construction at the MSC site should respond to the existing
buildin.ms there, New building modules and fenestrati’on patterns should
.relate to the. existing buildings with an i~creased use of gl~.ss to bene-
fit the users. The buildinB entrances should be prot~_cted and well-
defined, The buildings should h~ve low profile roof structures with all
roof equipment screened, The finish materials f6r new buildings at the
main sit_= should be concrete or stucco, The finish m~terials for new
buildings of the Animal Shelter complex should be wood. The new roof
canopies should be steel or concrete, With low profile roof structures,
:~n overall color scheme should be deve.loped~ setting guidelines for
.,r~p~=inting and new construction.
BUzLDzN~ IMPROVEMENTS
R~.-~od_=l ed Space
New Space. Under Existing Roof 3,630
New 2rid Floor in,Existing Building ~,555 SF
ADD~TIONAL STRUCTURES
New Addition to Exis=ing Building
New Buildings
New Roof Canopies
,&
parking for cg, rt~in speciali-%:d ~quipment End vehicles, Personne~
parking needs to be increased t~ accommodate both present employ.~e hum-
b~rs ~nd anticipated e~pan~ion,
!~ is recommended that sm~ll w-hicles: autos, vans, pickups, ~nd sma.iler
trucks continue to be located adjacent to. the divi.:~on building
headquarters. Large trucks and sp:-cialized equipmen’t should be l~c~ted
at a centr~l parking.area, Th~ groupin~ of larger vehicles saves space
and ~ll~ws for the clu~teri~g ~f specialized trucks ~nd equipment under
:he proposed canopy,
£Rpanded employee parking can be acc~n~modated by reorg~.nizing the present
northern parking area in order to g~In spat_: and by expansion of
p~rkin~ lot l.~c~ted between the anim~l shelter and ~he SCADA building,
The 1! car vis!.~or/empl.oyee parking area located at the entrance should
be abandoned ~o facilitate a safer bi=ycl-: trail, redistribution of
employee parking to its prop-=r location within thetwo eRpmnded person-
n~l parking lots, ~. large i~ndscap.ed buff=Jr at the entrance and to
simplffy vehicle circul~tion at th,: entry.’
Visitor ~nd vendor p~rking spaces are proposed a~jacent to e~ch division
building space, Visitors ~n~ v~ndDrs would be required to check in ~t
the front gate wh~re they would be directed-to the @pr~priate divi-
sional, office parking ~rea.,
.~ ~ =h~Iter ~hould be moved to the south t~ allow ~The entry to ~h, ani’m~l s
~evelopment of the ~outhern employee p~rking Iot~nd ~Iso,to create ~~re iden~ifiab~e’~nd cleat"entry to the shelter. The ~n~m~l shelter
p~rking is expanded to accom~d~e public use and the occasional visi-
Sot to the b~ylands, ,,
Twelve-covered bicycle parking spaces are’proposed adjacent to each of
$he tw~ ~mployee parking areas, The combined ~6tal of 24 covered bicycle
spaces is co,strafed a6equate, b~sed on current use and anticipated
~ddit~.onal em~loyees, (Ses Buil~ngs, Parking,.and..Storage Plan,)
P~rki ng Summary
PARKING.ZXIST!NG PROPOSED
Employee (Separ~te lots)!94 224 + 6
in~id~ MSC
Fi eet P ari:i ng
Security Fence
50
Light Tru:k ~9 55
Cars, \:n:, Pickups
-IS-
Parking Summ:~ry, Continued
Construction Equipment
and Small Trail er
97 " ""IC)0
Permit Parking O 5 ¯
TOTAL .43.2 546
Proposed covered parking will accommodate Z~Ive.., (~ large
~rucks or combination of larger truck~ and smaller equip-
ment,
The above totEls do not in~.lude ~h. Animal Shelter. AI1imal ~/
~.r p~rkin: spaces increased from 18 ~o 30-to acco~
mod~te users, volunteers, and Bayl~nds visitors.
Proposed 24 covered bicycle parking spa.ces 3oCated adjacent
t~ employee parking lots,
Expansion is recommended in order to ~rmit maximum use of the site ’ ¯
This expansion.would allow f~.r a more organized a~d m~nage~-ble placement
of materials, parking, and .additional l.andscape buffering.Sufficient
expansion can be achieved by accomplishing the following.
Z,rCmve =he eastern fence approRimately.LZ5 feet to the mast., which
locates i~ 30 f~et from :he toe of tiff a~jmpen~ T~ood w~ll. This
alIo~’s for expansion ~f the materiel bins m~d ~mproved circul~tion
around the pro~sed large tru~k parking zone.
~.’ "M~ve ~i~~",~ce ~lmng th-: souther.n propert# line to the south to
position ~0 feet from :he fom~ ofthe ~omd wail, Thi~ ~!Imws for.
the d~velDpment of expanded stora~ mrm~s a.s w~ll ~s
development of m w.il~life ~ehabili~ation ~re~ The
3,Approximately 30 feet should be left be.tween %he perimeter secu~.ity
fence and ~he ~oe of the flood wall to d=_veiop a significant.
b~, ,. b.~w..n the Bay.lands ~nd the project si~=
Oi rcul orion
The pre:.ent one wry circul:~ syste% with minor modi
-!9-
~nnnNnr~ ’NW V~J
Estimated Palo AJto Capital Improvement Costs
$160,000
193;000
163,000
!0.000
$526,000
-480.000
$ 46,000
02-03 CIP 10306
~4P Proposed 04-02 CIP
LM2 Proposed
~DA Modifications
(included in Public Works
current budget)
Palo Alto:s Esthnated Share
Cost savings to Palo
0 ¯
0
._~
0
0
~g
.U
ATTA~ 3
o..I m
Estimated Palo Alto Capital Improvement Costs
$160,000
193,000
163,000
10.000
$526,000
-480.000
$ 46,000
o2-03 cm ~o3o~
IMP Proposed 04-02 CIP
IM-P Proposed CIP
.a~DA Modifications
(included in Public Works
current budget)
Palo Alto’s Estimated Share
Cost savings to Palo Alto
AGREEMENT FOR ANIMAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
TP-’E CiTY OF T.c,.~ ~.’~OS
This Agreement for ~imal Care Services is made this
is: day of January, 2004, by and between the City of Pa!o Alto
("Palo Alto") and the City of Los Altos ("Agency").
RECITALS
WHEREAS, State law requires cities to provide certain
anima! services for the purposes of rabies prevention and animal
contro!; and
~T_~EREAS, Palo Alto has an established animal control
and shelter operation (Palo Alto _Anima! Services, "P~_AS") and
currently provides the required services within its own
jurisdiction and, by contract, within the jurisdictions of other
cities, including Agency; and
~THEREAS, Agency has requested that Pa!o Alto continue
to provide such services for Agency; and
~@EREAS, Pa!o Alto is willing to continue to provide
such services to Agency; and
~TiEREAS, the City of Sunnyvale has requested that Palo
Alto provide animal services for that city, which would trigger
the need for Palo Alto to hire additional staff and to enlarge
its animal shelter facility (the "Expansion Project"); and
kriEREAS, the City of Sunnyvale has agreed to pay the
largest share of the costs for the Expansion Project and for the
hiring of additional staff; and
[,THEREAS, the addition of Sunnyvale as an additiona!
contracting agency wil! result in economy of scale savings in
the cost of the Services to each of the existing contracting
agencies, including Agency; and
k~EREAS, Agency agrees to pay its fair share of the
cost of additional Palo Alto staff required for the Services and
for the costs of the Expansion Project.
NOW, THEREFORE, in consideration of the
covenants, terms, and conditions, the parties agree:
fol!owing
031103 cl 0044342
SECT!ON !. Term
~he t~rm o~ t%~s -~ == =he shall m= ~........... =~r__m .........ten (I0)
],ears, from January_ i, 2004 to June 30, 2014, termination ~e~-~,
unless sooner ~erm_na~ed or exze__@e@ by mutual agreement between
Pa!o Alto and the Agency.
The parties intend to extend this agreement for two
additiona! five-year terms, so !ong as it is mutually
advantageous. The parties agree to meet no later than June 30,
2013 to discuss the terms of the first extension.
SECTION 2. Termination by Either Party
_~ny party may terminate this Agreement at any time, at
their sole discretion, by providing ~6~ days written notice of
intent to terminate, in any event of te_rmination under this
paragraph Palo Alto shal! be paid for all services performed up
to the effective date of such termination in addition to any
amounts owing to Pa!o Alto for the Expansion Project as of the
effective date of such termination.
SECTION 3. The Services
3 ~ During the Service Term of this - ~ = =n=mg=e~m~_~, P~S~S
shal! provide certain animal services ("the Services") to
Agency, as hereinafter described.
a. Animal Control Services. P~hS shall perform
the following services within the jurisdiction of Agency:
!. P~m_hS shall schedule an Am_ima! Control
Officer to provide "request for service" coverage, seven days
per week, between the hours of 8:00 a.m. and 5:00 p.m.After
hours services shal! be provided by one on-call officer.
2. P~hS shall investigate all animal bite
incidents in accordance with State law. A P~hS Pm_imal Control
Officer will respond to the scene of the bite incident in
progress or as soon thereafter as possible; shal! attempt to
capture the biting animal, if it is running at large; shal!
impound and determine the proper !ocation where the anima! shall
be held for rabies observation (~@arantine); and shall transport
the anima! to that location.
3. Upon receiving a call for services, a P~S
~m_ima! Control Officer shall respond to the scene of any sick or
injured or aggressive domestic animal and transport the anima!
to either the P~<~S or to a private veterinarian, for care and
~rea ~men ~.
031103 c] 0044342 2
4. PA~.S shall pick up dead domestic and wild
animals from public property or streets between the hours of
8:00 a.m. and 5:00 p.m. daily.
5. P_<hS shal! provide pick up service for
confined, stray domestic animals, including those in humane box
traps provided by P~hS, between the hours of 8:00 a.m. and 5:00
p.m. daily.
b. Sheltering and Associated Care
i. PAAS will accept all domestic
im_mounded or surrendered by Agency’s citizens.
animals
2. P~hS will house and care for all domestic
animals delivered by Agency’s citizens, including assessment and
any required medica! treatment.
3. At the conclusion of the State mandated
holding period, stray or surrendered animals become the property
of P~_hS and may be placed for adoption or humanely euthanized at
PASS discretion.
4. P~hS will accept all dead animals not to
exceed i00 pounds each, for disposal from Agency’s citizens.
c. Rabies Control Services
i. P_<hS will quarantine and test animals
suspected of rabies in a manner consistent with the provisions
of the California Health and Safety Code.
2. PAAS shal! provide an "actua! cost~ rabies
vaccination clinic in accordance with State law.
3. P~hS shall be responsible for filing on
behalf of Agency the Annual Report of Local Rabies Control
Activities and Statement of Enforcement withthe California
State Department of Health Services.
d. Dog Licensing Services
!. PAAS shal! maintain a dog-licensing program
and database for Agency, in accordance with State law.
2. PAAS shall deliver all data upon termination
of agreement.
031 ] 03 c] 0044342 3
e.Associated Administrative and Reporting
Services
i.PAAS shall provide owners of lost pets with
information about impounded animals in accordance with State
law.
2.P~S will maintain records for domestic
animals from Agency’s jurisdiction thathave been received at
the shelter and shal! provide Agency with monthly reports
describing animals received and their disposition.
f. General Standards of Operation
i. All fees shall be at the rates established
by the Pa!o Alto City Council.
2. The Pa!o Alto City Veterinarian shall
oversee all animal health, hygiene and nutritional needs at
P_~hS.
3. PAAS will provide for the emergency
treatment for all domestic animals under its care, either at the
P/<AS or through another veterinary facility with which it
contracts.
4. The adoptability of animals as well as the
appro~al or denial of potentia! adopters remains the sole
responsibility of P~hS.
5. No animals, dead or alive, shall
knowingly released or sold for any type of experimentation.
be
6. Humane box traps, for the capture of fera!
cats, shal! be available for renta! at P~S to residents of
Agency, at rates set by Pa!o Alto. The renta! cost shal! be the
responsibility of the resident.
7. Employees of the PAAS are employees of Palo
Alto, which shall have sole authority over all terms and
conditions of their emp!oyment, in the event that Pa!o Alto
proposes to add to or subtract from the number of emp!oyees
providing the Services hereunder, Palo Alto wil! consult with
the 9~ima! Services Task Force prior to taking such action;
provided, that any such decision shall be the sole discretion of
Pa!o Alto and wil! not be in conflict with 5.1ia) (!).
The Services will be provided in accordance with
provisions of Agency’s ordinances, insofar as they have been
made knows_ to P~hS by Agency, and in compliance with all related
applicable laws of the State of California. Agency has provided
031103 cl 00’44342 4
and PAAS acknowledges that it has received copies of all Agency
ordinances applicable to the performance of the Services.
~ ’ ~ -~ of any changes orAgency agrees that ~ w{77 keem P~_~S
additions to Agency’s ordinances that might affect P’AAS’
responsibilities or performance under this agreement.
3.2 Agency Obligations
a. Agency hereby designates Pa!o Alto to
perfo_rm, on behalf of Agency, all duties that Palo~ Alto has
agreed to perform in Section 3.1 of this Ag_eemen~
b. Agency hereby agrees that Palo Alto’s
designated _<nima! Control employees may legally enforce those
sections of Agency’s Municipal Code as they deem necessary to
complete their performance of the Services.
c. Agency hereby designates PAAS to administer
Agency’s dog licensing program, including fee collection.
d. Agency shall be solely responsible for the
prosecution of criminal actions within its jurisdiction;
provided, however, that Pa!o Alto employees wil! assist Agency
as needed.
e. Agency shall be solely responsible for
arranging and conducting hearings under its Dangerous Animal
Ordinances, including the collection of costs, and the defense
of any litigation or appeal of whatever nature, based thereon;
provided, however, that Palo Alto emp!oyees wil! assist Agency
as needed, inclusive of, but not limited to, expert testimony at
hearings.
f. Agency agrees to adopt and enforce Palo
Alto’s animal related fee schedule within its jurisdiction.
3.3 Advisory Committee
The parties hereto agree to participate in the Animal
Services Task Force (ASTF). The ASTF shall meet on a quarterly
basis and wil! consist of a representative appointed by Agency
and the Superintendent and Supervisor of PAAS, as well as a
representative of each party that contracts with Palo Alto for
anima! services. The purpose and role of the ASTF shal! be to
set operational standards for providing the Services and to make
recommendations to the parties to this and other anima! services
agreements. The duties and responsibilities of the ATSF are
described in E~hibit "A", attached hereto and incorporated
herein by reference.The members of the ASTF may agree to
change such duties and responsibilities from time to time, in a
031103 cl 004434-2
mamner consistent with the purpose and role of the ASTF as
described above.
SECT!ON 4. Expansion Project
4.1 Palo Alto has prepared preliminary plans for a
construction project ("Expansion Project"), which would remodel
the P~hS facility and expand it by 2,000 square feet, plus an
additiona! 2,500 square feet of kenne! space; upgrade the H%’AC
system, roof and electrical; and add ADA upgrades. A
description of the Expansion Project, including the estimated
costs thereof, is attached as Exhibit "B", and incorporated
herein by reference.
4.2 The Expansion Project will require both Palo Alto
and Bay Conservation and Development Commission approvals prior
to commencement of construction. The Expansion Project is
currently projected for completion in mid-2005.
4.3 The Expansion Project is a public project of Pa!o
Alto, which shall be solely responsible for its execution and
administration. Agency will have the reasonable opportunity to
review and comment on the construction plans and drawings and
the estimated costs thereof; however, except as provided in
Section 5.1, Palo Alto shal! make all final decisions respecting
the Expansion Project.
SECTION 5. Com_mensation
5.1 The Expansion Project
a. With the understanding that the Expansion
Project will enable Pa!o Alto to provide animal services to
additional public agencies, with the objective of creating
economy-of-scale cost savings, Agency agrees that it wil!
provide a portion of the funding for the Expansion Project. The
parties acknowledge that other public agencies, which contract
with Palo Alto for provision of anima! services, wil! also share
in the cost of the Expansion Project. The relative share of
each participating public agency,including Agency and Pa!o
Alto, is set forth in E~hibit "B".
b. On or before January !, 2004, Agency shall
pay Pa!o Alto, as its initial share of the Expansion Project
costs, the amount of $12,000 as Agency’s share of the estimated
costs of planning, evaluation and design.
c. On or before August i, 2004, Agency shall
pay Pa!o Alto the amount of $48,000 as Agency’s share of the
estimated costs of construction and furnishings of the Expansion
Project.
031103 Ct 004-4342
d. When the final engineer’s estimated cost for
the Expansion Project has been completed by or for Pa!o Alto, a
~op~ shall be given .........and the .............: -
agencies.
i. If the final estimated cost is higher (but
less than 20% higher) than the preliminary estimate shown in
Ex~hibit "B", which is the amount upon which the respective
payment obligations of al! the contracting agencies, including
Agency, have been calculated, Agency shal! pay to Pa!o Alto an
amount equa! to 3% of the total increase between the preliminary
and estimated cost for the Expansion Project. This amount shal!
be due and payable to Pa!o Alto within 30 days of Agency’s
receipt of the final estimated cost.
2. If the final estimated cost is 20% or more
in excess of the preliminary estimate shown in Exhibit "B", Pa!o
Alto, Agency, and the other contracting agencies shall meet to
agree upon whether and in what mamner to proceed. If, after 25
days, a course of action is not agreed upon,Pa!o Alto may
abandon the Expansion Project.
3. If bids are received for the Expansion
Project, and the bids indicate a cost that is less than 20%
higher than the preliminary estimate shown in Exhibit "B~,
Agency shall pay to Palo Alto an amount equal to 3% of the total
increase between the preliminary estimate and the bid amount,
less any amount Agency has paid to Palo Alto pursuant to Section
5.1, subparagraph 1 of this paragraph d. This amount shal! be
due and payable to Pa!o Alto within i0 days from the bid
opening.
4. If the bids indicate a cost that is more
than 20% higher than the preliminary estimate shown in Ex~hibit
"B", or that is higher than the amount that the parties agreed
to pay pursuant to section 5.1, subparagraph 2 of this paragraph
d, then Pa!o Alto, Agency, and the other contracting agencies
shal! meet to agree upon whether and in what manner to proceed.
If, after 25 days, a course of action is not agreed upon, Palo
Alto may abandon the Expansion Project.
e. Pa!o Alto shall hold any apparent excess
pas~nents by Agency until after com_mletion of construction and
al! work incidenta! thereto, including resolution of a!l claims,
at which time, Palo Alto shall provide a final accounting of
costs to Agency and shal! return any overpayment to Agency no
more than one year from the date of com_m!etion and acceptance of
the project.
5. The total obligation of Agency does not
include costs of claims related to the construction contract,
031103 ci 0044342 7
the costs of defense of those claims, and the costs of any
unforeseen conditions not otherwise described in this agreement.
Additiona! costs and responsibilities for any required actions
that exceed the budgeted costs of the Expansion Project, except
as otherwise agreed to in accordance with this Section 5.1,
shal! be covered by amendment to this agreement. Pa!o Alto may
be required to stop work on the Expansion Project until
additiona! funding is secured and/or cause the P’AAS to be
restored to a safe operating condition, using any then
unexpended funds, if those additiona! funds are not made
available for completion of the Expansion Project.
g. Agency unae_stands and agrees that, although
some parts of the Expansion Project may have been constructed by
Pa!o Alto with or without this agreement, the scope and timing
of the mxpans~on Project are being unaer~aken for a purpose that
will benefit Agency under this agreement. Therefore, Agency
agrees that the tota! of al! amounts owing by Agency to Pa!o
Alto pursuant to this section 5.1 shal! be payable to Pa!o Alto
in the event of early termination of this r ~ _ag_eemenc; provided
that if the Expansion Project is abandoned by Pa!o Alto pursuant
to section 5.!, subparagraph 2 of paragraph d, then the tota!
amount owing by Agency to Pa!o Alto shall be the amount set
forth in paragraph b of this sect_on 5 i; and provided further,
that if the Expansion Project is abandoned pursuant to
subparagraph ~ of paragraph d then the ~ ~ ]_,coca_ amount owing by
Agency to Pa!o Alto shall be the amount set forth in paragraph b
plus any additiona! amount that Agency is obl_gaced to pay to
Pa!o Alto for fina! design and engineering costs pursuant to
subparagraph ! of paragraph d of this section 5.!.
h. if Palo Alto terminates this agreement
within three years of co~m!etion of this expansion project,
Agency will be com_mensated for their portion ofthe paid
construction costs at the fol!owing rate:
Year One - 75%
Year Two - 50%
Year Three - 25%
i. Agency acknowledges that funds paid towards
the Expansion Project do not entitle Agency to any ownership
rights in the building or the im_mrovements thereto.
5.2 The Services
The purpose of this section is to e_quitab!y al!ocate
the actua! costs of providing animal services to Agency in
proportion to PAAS’ tota! costs for those services.
031103 cl 0044342 8
a. Agency agrees to pay Pa!o Alto on or before
Apri! 30, 2004, an amount that P_~hS has estimated to be one
=~s yearly cosc ~o.~_~ upon_ ~z= last year’s actua]_
cost of providing the Services to Agency. Agency shal! pay the
same amount to Pa!o Alto on or before July 30, 2004.
Thereaf~ r ....._~e_, Agency shal! may Palo Alto in four emual cruarterqy
payments an amount based on the previous years’ actua! costs
calculated at the beginning of each fisca! year, becoming due
and payable on or before October 30, January 30, April 30, and
July 30 of each year beginning October 30, 2004.
b. At the end of each quarter, Palo Alto shal!
pay to Agency any fees it has collected from iidividual citizens
of Agency in accordance with Section 3 of this Agreement, for
the fol!owing services provided for animals originating within
Agency’s jurisdiction: dog licenses, impoundment fees, and board
fees. Payment shal! be by check from Palo Alto and shal! not
offset or be deducted from the ~@arterly payments owing by
Agency to Pa!o Alto.
c. At the close of each fiscal year of the
contract (June 30~h), Agency’s actual payment will be adjusted to
reflect the Agency’s percent of the total actual ~nimal Control
Program costs incurred by Palo Alto. The percentage shal! be
calculated based on the actual animals handled by Palo Alto for
Agency compared to the actua! fisca! year program costs. Anima!
Control Program costs are comprised of the operationa! areas as
presented in Exhibit "C"
d. _<ny amount less than or in excess of
Agency’s percentage of the actual animal control program costs,
will be returned to or billed to Agency by October ! of each
year during the Service Term. Agency shal! pay the amount of
any deficit within 30 days of Agency’s receipt of the bil!.
Al! payment shal! be sent to:
Superintendent of ~nimal Services
3281 East Bayshore Road
Palo Alto, CA 94303
f. Am_y payments not received on or before the
date when payment is due shall accrue interest between the date
wi~en payment is due and the date payment is received at the
prevailing rate of return earned by Palo A!to’s investments
during that period.
g. In the event of early termination of this
Agreement during the Service Term, in accordance with Section 2
of the Agreement, Palo Alto wi!l bill Agency and Agency shall
pay to Palo Alto a pro rated amount of the quarterly payment
031103 cl 0044342 9
based on the percentage of the quarter that has elapsed as of
the effective date of termination.
h. For any animal(s) originating within
Agency’s jurisdiction that Agency requires to be housed at PAAS
over ninety (90) calendar days, Agency wil! be assessed and
shal! pay a daily charge e_qual to the then current board fee as
set forth in the Pa!o Alto Municipal Fee Schedule, plus the cost
of any medica! expenses necessary to care for the animal(s),
commencing with the ninety-first (91) day of impoundment. Any
amounts owing by Agency under this paragraph h shal! be in
addition to the quarterly payments for care and housing for
which Agency is obligated pursuant to paragraphs a and c of this
Section 5.2.
i. Agency shall be obligated to pay the cost of
any unforeseen changes in State requirements relating to the
care and housing of animals that Pa!o Alto is required to
undertake in providing the Services.
j. in the event that the parties consider
making future capital expenditures for shelter improvements
during the term of this agreement, this agreement may be amended
to provide therefor, it is anticipated that Agency shal! pay
its pro rata share of costs for such im_mrovements, provided that
Agency is given notice of the nature and estimated costs for
such i~mrovements prior to Pa!o Aito’s commitment to such
improvements and Agency agrees to amend this agreement to
provide for cost sharing for the capita! improvements.
k. P_<hS agrees to provide Agency with next
years’ estimated contract cost by Hay 1~ of the preceding year.
SECTION 6. inder~nification and Hold Harmless
Agency acknowledges that it is re_ciuired by law to
provide the Services, 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 defend,
indemnify and hold harmless Pa!o Alto, its officers, agents,
em_mloyees and servants from all demands, claims, liabilities,
!osses, charges, costs, or damages caused by or arising out of
Pa!o A!to’s acts or omissions in the performance of this
Agreement unless those acts or omissions constitute intentional
or grossly negligent misconduct.
SECTION 7. Notices
Al! notices shal! be submitted, in writing, and sent
by the United States mai!, certified and postage prepaid, by
private express delivery service, by facsimile transmission
031103 cl 0044342 ! 0
fol!owed by delivery of hard copy, or by any other process
mutually acceptable to the parties to the addresses stated be!ow
or to any other address noticed in writing.
Pa!o Alto:Superintendent of _~.im&! Services
3281 East Bayshore Road
Pa!o Alto, CA 94303
Agency:City of Los Altos Police Department
One North San Antonio Road
Los Altos, CA 94022
SECTION 8. o<men~ments
Amendments to this Agreement must be in writing and
approved by the governing body of Agency and Pa!o Alto. This is
the entire Agreement between the parties and supersedes any
prior written or oral agreements between the parties relating to
the Services or to the Expansion Project.
SECTION 9. Miscellaneous
9.1 This Agreement shal! be governed by and construed
in accordance with the laws of the State of California. ~y
changes resulting in modifications to the Services shal! 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.
9.2 Pa!o Alto shall not be deemed in default on
account of any delay or failure to perfo_rm any obligations in
accordance with Agency laws, the laws of the State of
California,the Palo Alto Municipa! Code, and the terms of this
Agreement,which directly results from an Act of God or an
occurrence of nature.
9.3 If a Court of competent jurisdiction findsor
rules that any provision of this Agreement is void or
unenforceable, the unaffected provisions of this Agreement shal!
remain in effect.
9.4 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.
//
//
//
031103 cl 0044342
IN WITNESS ¼E6EREOF, THE
Agreement in Palo Alto, County of
the dat~ ~irst above stated.
"PALO ALTO~
CITY OF PALO ALTO
PA_RTiES HAVE
Santa Clara,
CITY OF LOS ALTOS
EXECUTED THIS
California, on
Hayor City Manager
ATTEST:ATTEST:
City Clerk
APPROVED AS TO FO~:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
City Attorney
Assistant City Manager
Police Chief
Director of Administrative
Services
E~6iBiTS:
Ex~hibit "A" -
Exhibit "B" -
Exhibit "C" -
Animal Services Task Force Responsibilities
Anima! Shelter Expansion Breakdown of
Project Costs by City
Definitions of Operationa! Areas
031103 cl 0044342 q-.- 2
Exhibit ~A"
The responsibilities of the Anima! Services Task Force (ASTF)
shall include, but not be limited to:
Review the existing anima! control ordinances of the
agencies represented on the ASTF and make recommendations
for appropriate changes.
o Review changes in State re_cfuirements relating to the care
and housing of animals.
3.Periodically review the animal licensing program.
4.Review complaints regarding Pa!o A!to’s Services.
o Review fee, revenues, and expenditures relating to Palo
Alto’s Services.
Periodically review the cost sharing formulas for the
agencies represented on the ASTF; consider fisca!
implications for other agencies if one agency terminates
its participation.
Review and discuss proposed additions or deletions to the
number of PAAS staff; provided, however, that final
decisions on any Pa!o Alto personnel matter shall be at
the sole discretion of Pa!o Alto.
Review the Final Engineer’s Estimate relating to costs of
the Expansion Project and make recommendations on how to
proceed, if appropriate under the agreement.
o Review low bid(s) for Expansion Project and make
recommendations on how to proceed, if appropriate under
the agreement.
i0. Review future PAAS capita! improvements.
031103 cl 0044342 ! 3
Exhibit ~B"
Expansion Project
This project will provide a 2,000 foot expansion of the Animal
Shelter to increase administrative space, cat rooms, veterinary
receiving/treatment area, spay/neuter clinic, storage areas and
a small animal room. A new separate 2,500 square foot dog
kennel building wil! also be added, in addition, the HVAC
system will be renovated or replaced, electrica! service panels
wil! be upgraded and ~A requirements wil! me met. if
necessary, the structure will be seismically evaluated and
structura! work done.Other renovations include f!ooring,
painting, and roofing.
DESCRIPTION/SPACE
PALO
ALTO
MT.LOS
SUNNYVALE VIEW ALTOS
LOS
ALTOS
HILLS
New vet exam room
New administration
New lobby
New cat room #1
New cat room #2
New small animal room
Subtotal interior spaeesl
New dog kennels
New large animal housing
Shift parking lot
New landscape
lew site work & utility service
Renovations to existing bldgs
%liowance for seismic upgradesl
=ixtures, furniture & equipment
Escalation (5%)
TOTAL
ROUNDED OFF
klote:
%% of total proiect
$19,006
$17,680
$19.338
$56,024
60,000
$224,000
$8,500
$10,317
22.942
$177,125
$78,260
$72,800
$67,600
$83,200
$79.625
$558,610
$231,680
$7,680
$36,000
$30,000
$100,000
$35,000
$42,483
52.073
$8,944 $3,354 $2,235
$8,320 $3,120 $2,08C
$9~100!$3,413
S26,364 $9,887
$2.275
$6,591
S108,000 $44,000 $24,00C
$4,000 $1,500 $1,00~
$4,855 $1,821 $1,214
7~161 2.860 1.64C
TOTAL
$177,125
$111,800
$104,000
$67,600
$83,200
$!13,750
$657,475
$481,783I
$480,000
27
$1,093,526,t
$1,1 00,00~
$150,380~ $60,068
S150,000 $60,000
$391,680
$7,680
$36,000
$30,000
$100,000
$400,000
$50,000
$60,690
86.676
$34,445 $1,820,201
$35,00~$1,825,000
2 100
031103 cl 0044342
EXHIBIT ~C"
DEFINITIONS OF OPF, R 4T!ONAL AR~.AS
In an effort to clarify the functions included in the breakdown of fiscal areas, the following is
offered. It should be noted that other duties and responsibilities may be inserted in any of the
outlined areas as is deemed necessary.
Animal Administration (7067000!)
Meetings
Fiscal duties and responsibilities
Equipment maintenance
Facility maintenance
Telephones
Radios
Time card preparation
Personnel issues and supervision
Disaster Preparedness
Volunteer Program
Recruitmen t
Placement and training of volunteers
Recognition and event planning
Evaluation of volunteers
Scheduling of volunteers
Development of and implementation of programs
Disciplinary actions, termination, and associated procedures.
Risk Management
Mandatory/nonmandatory training
Hiring and retention
Pet Recovery/Adoption Services (70070002)
Microchip implanting
Adoption counseling
Pet Introduction
Animal redemption
Animal receiving (office), screening
Lost and found animal reports
Pet supplies - selling and ordering
Beha vioral questions
Pet Identification and licensing
Dead animal disposal- including private cremation/burial
031103 cl 0044342 ! 5
Pet of the week promotion
Outreach activities
Public education on animal related topics
Animal Care (70070003)
Kennel and cage cleaning
Feeding of animals
Health examinations
Evaluation and euthanasia
Medical evaluation - emergency assessment
Emergency treatment during operation hours
Referral of wildlife care to Wildlife Rescue
Pet food/kennel supply pick up
Daily assessment of each animal
In-house spay/neuter and vaccinations
Post and Pre surgical questions
Temperament evaluations
Requests for Service (All jurisdictions) (700700o5)
Quarantines of animals at the shelter and their home
Vicious animal control
Animal bite investigations
Transport sick or injured stray animals including wildlife
Special pa trois
Disaster preparedness - including drills
Pick up of confined strays
Assist Police - animal related incidents
Animal Rescues
Veterinarian Service for necropsy, assessments related to
cruelty/abuse investigations
Department Administration (70010001)
Associated po/ice administration
Department-wide impacts
Overall fiscal meetings
Cu 7/9/03
031103 c10044342 1 6
AC-F~E-MENT FOR AN!M2%L SERVICES
BETWEEN THE C!TY OF PALO ~LLTO AND
":’r...’ "-’u~:~ OF LOS Z T.~’,"..~ HILLS
This Agreement for _<nimal Care Services is made this
± - day of January, 2004, by and between the City of Palo A!to
("Pa!o Alto") and the Town of Los Altos Hills ("Agency").
RECITALS
~EREAS, State law re_muires cities to provide certain
animal services for the purposes of rabies prevention and animal
contro!; and
WHEP~AS, Pa!o Alto has an established animal contro!
and shelter operation (Palo Alto Animal Services, "PAAS") and
currently provides the re_quired services within its o%~
jurisdiction and, by contract, within the jurisdictions of other
cities, including Agency; and
[~Z~EREAS, Agency has re_cIuested that Pa!o Alto continue
to provide such services for Agency; and
~@EREAS, Pa!o Alto is willing to continue to provide
such services to Agency; and
~r6~EPSAS, the City of Sunnyvale has re_cg]ested that Palo
Alto provide anima! services for that city, which would trigger
the need for Pa!o Alto to hire additional staff and to enlarge
its anima! shelter facility (the "Expansion Project"); and
WHEREAS, the City of Sunn}~a!e has agreed to pay u__e
largest share of the costs for the Expansion Project and for the
hiring of additional staff; and
¼<HEREAS, the addition of Sunnyvale as an additional
contracting agency will result in economy of scale savings in
the cost of the Services to each of the existing contracting
agencies, including Agency; and
Z~EREAS, Agency agrees to pay its fair share of the
cost of additiona! Pa!o Alto staff required for the Services and
for the costs of the Expansion Project.
cons!de:~uion o9 the fol!owingNOW, THEREFORE, in ’ ~-~’_
covenants, terms, and conditions, the parties agree:
031103 cl 0044340
SECTION !. Term
The term of this =~=eemenn ~=!±~= rot ~=~ (= ~n_)
years, from January !, 2004 to June 30, 2014, termination date,
unless sooner terminated or extended by mutua! agreement between
Pa!o Alto and the Agency.
The parties intend to extend this agreement for two
additiona! five-year terms, so !ong as it is mutually
advantageous. The parties agree to meet no later than June 30,
2013 to discuss the terms of the first extension.
SECTION 2. Termination by Either Party
~_ny party may terminate this Agreement at any time, at
their sole discretion, by providing 365 days written notice of
intent to terminate, in any event of termination under this
paragraph Pa!o Alto shall be paid for al! services performed up
to the effective date of such termination in addition to any
amounts owing to Pa!o Alto for the Expansion Project as of the
effective date of such termination.
SECTION 3. The Services
3.1 During the Service Term of this agreement, PAAS
sha!l provide certain animal services ("the Services") to
Agency, as hereinafter described.
a. ~m_ima! Control Services. PP~S shall perform
the Fol!owing services within the jurisdiction of Agency:
!. PL’_hS shall schedule an Am_ima ! Control
0~{c=r to provide "~-ecrue_ _c~ for service" coverage, seven days
per week, between ~h~__e hours .... of 8:00 a.m. and 5:00 p.m. ~ter
hours services shall be provided by one on-ca!l officer.
2. Pg~S shall investigate all animal bite
incidents in accordance with State law. A Pf~eS ~m_imal Control
Officer wil! respond to the scene of the bite incident in
progress or as soon thereafter as possible; shal! attempt to
capture the biting animal, if it is running at large; sha!l
im_mound and determine the proper location where the anima! shall
be held for rabies observation (quarantine); and shal! transport
the anima! to that !ocation.
3. Upon receiving a call for services, a P~hS
~m_imal Contro! Officer shal! respond to the scene of any sick or
injured or aggressive domestic anima! and transport the animal
to either the P~S or to a private veterinarian, for care and
treatment.
03 ] ] 03 el 004-4340 2
4. P~_hS shall pick up dead domestic and wild
animals from public property or streets between the hours of
8:00 a.m. and 5:00 p.m. daily.
5. PAAS shal! provide pick up service for
confined, stray domestic animals, including those in humane box
traps provided by P~hS, between the hours of 8:00 a.m. and 5:00
p.m. daily.
b. Sheltering and Associated Care
i. P~hS will accept all domestic
impounded or surrendered by Agency’s citizens.
animals
2. PAAS will house and care for all domestic
animals delivered by Agency’s citizens, including assessment and
any required medical treatment.
3. At the conclusion of the State mandated
holding period, stray or surrendered animals become the property
of P.<hS and may be placed for adoption or humanely euthanized at
PAAS discretion.
4. P_~S will accept all dead animals not to
exceed i00 pounds each, for disposal from Agency’s citizens.
c. Rabies Control Services
!. P~hS will quarantine and test animals
suspected of rabies in a manner consistent with the provisions
of the California Health and Safety Code.
2. PAAS shall provide an "actual cost" rabies
vaccination clinic in accordance with State law.
3. PAAS shall be responsible for filing on
behalf of Agency the ~nual Report of LocalRabies Control
Activities and Statement of Enforcement withthe California
State Department of Health Services.
d. Dog Licensing Services
i. P~hS shall maintain a dog-licensing program
and database for Agency, in accordance with State law.
of agreement.
P_%hS shal! deliver al! data upon termination
031103 cl 0044340 3
e.Associated Administrative and Reporting
Services
i. P~S shall provide owners of !ost pets with
information about impounded animals in accordance with State
! aw.
2. PAAS wil! maintain records for domestic
animals from Agency’s jurisdiction that have been received at
the shelter and shall provide Agency with monthly reports
describing animals received and their disposition.
f. Genera! Standards of Operation
i. All fees shall be at the rates established
by the Pa!o Alto City Council.
2. The Pa!o Alto City Veterinarian shall
oversee all animal health, hygiene and nutritional needs at
PAAS.
3. P~hS will provide for the emergency
treatment for all domestic animals under its care, either at the
PAAS or through another veterinary facility with which it
contracts.
4. The adoptability of animals as well as the
approval or denial of potential adopters remains the sole.
responsibility of P~_hS.
5. No animals, dead or alive, shall
knowingly released or sold for any type of experimentation.
be
6. Humane box traps, for the capture of feral
cats, shall be available for rental at P~hS to residents of
Agency, at rates set by Palo Alto. The renta! cost shal! be the
responsibility of the resident.
7. E~mloyees of the PAAS are employees of Pa!o
Alto, which shall have sole authority over all terms and
conditions of their emp!oyment. In the event that Pa!o Alto
proposes to add to or subtract from the number of em_mloyees
providing the Services hereunder, Palo Alto wil! consult with
the Anima! Services Task Force prior to taking such action;
provided, that any such decision shall be the sole discretion of
Palo Alto and wil! not be in conflict with 5.1(a) (!).
The Services will be provided in accordance with
provisions of Agency’s ordinances, insofar as they have been
made kno~_ to P.~_S by Agency, and in compliance with all related
applicable laws of the State of California. Agency has provided
and P.<AS acknowledges that it has received copies of all Agency
ordinances applicable to the performance of the Services.
_~g=~c~, agrees that it will keep P~ informed of any changes or
additions to Agency’s ordinances that might affect PAAS’
responsibilities or performance under this agreement.
3.2 Agency Obligations
a. Agency hereby designates Pa!o Alto to
perfo_rm, on behalf of Agency, all duties that Palo Alto has
agreed to perform in Section 3.1 of this Agreement.
b. Agency hereby agrees that Pa!o Alto’s
designated ~m_imal Control employees may legally enforce those
sections of Agency’s Municipal Code as they deem necessary to
complete their performance of the Services.
c. Agency hereby designates P~S to administer
Agency’s dog licensing program, including fee collection.
d. Agency shall be solely responsible for the
prosecution of criminal actions within its jurisdiction;
provided, however, that Pa!o Alto emp!oyees wil! assist Agency
as needed.
e. Agency shall be solely responsible for
arranging and conducting hearings under its Dangerous ~nima!
Ordinances, including the collection of costs, and the defense
of any litigation or appea! of whatever nature, based thereon;
provided, however, that Pa!o Alto em_m!oyees wil! assist Agency
as needed, inclusive of, but not limited to, expert testimony at
hearings.
f. Agency agrees to adopt and enforce Pa!o
Alto’s anima! related fee schedule within its jurisdiction.
3.3 Advisory Cor~mittee
The parties hereto agree to participate in the Anima!
Services Task Force (ASTF). The ASTF shal! meet on a _quarterly
basis and will consist of a representative appointed by Agency
and the Superintendent and Supervisor of P~S, as wel! as a
representative of each party that contracts with Pa!o Alto for
animal services. The purpose and role of the ASTF shal! be to
set operationa! standards for providing the Services and to make
recommendations to the parties to this and other animal services
agreements. The duties and responsibilities of the ATSF are
described in Exhibit "A~, attached hereto and incorporated
herein by reference. The members of the ASTF may agree to
change such duties and responsibilities from time to time, in a
03] ]03 c; 0044340 5
manner consistent with the purpose and role of the ASTF as
described above.
SECTION 4. Expansion Project
4.1 Palo Alto has prepared preliminary plans for a
construction project ("Expansion Project"), which would remodel
the P~S facility and expand it by 2,000 square feet, plus an
additional 2,500 square feet of kenne! space; upgrade the
system, roof and electrical; and add ADA upgrades. A
description of the Expansion Project, including the estimated
costs thereof, is attached as Exhibit "B~, and incorporated
herein by reference.
4.2 The Expansion Project wil! require both Palo Alto
and Bay Conservation and Deve!opment Commission approvals prior
to commencement of construction. The Expansion Project is
currently projected for completion in mid-2005.
4.3 The Expansion Project is a public project of Pa!o
Alto, which shall be solely responsible for its execution and
administration. Agency will have the reasonable opportunity to
review and comment on the construction plans and drawings and
the estimated costs thereof; however, except as provided in
Section 5.1, Palo Alto sha!l make all fina! decisions respecting
the Expansion Project.
SECTION 5. Compensation
5.1 The Expansion Project
a. With the understanding, that the Expansion
Project will enable Pa!o Alto to provide animal services to
additiona! public agencies, with the objective of creating
economy-of-scale cost savings, Agency agrees that it wil!
provide a portion of the funding for the Expansion Project. The
parties acknowledge that other public agencies, which contract
with Paio Alto for provision of animal services, wil! also share
in the cost of the Expansion Project. The relative share of
each participating public agency, including Agency and Palo
Alto, is set forth in Exhibit
b. On or before January i, 2004, Agency shall
pay Pa!o Alto, as its initial share of the Expansion Project
costs, the amount of $7,000 as Agency’s share of the estimated
costs of planning, evaluation and design.
c. On or before August i, 2004, Agency shall
pay Pa!o Alto the amount of $28,000 as Agency’s share of the
estimated costs of construction and furnishings of the Expansion
Project.
031103 cl 0044340
d. When the final engineer’s estimated cost for
the Expansion Project has been completed by or for Palo Alto, a
copy shall be given to Agency and the other contracting
agencies.
!. if the fina! estimated cost is higher (but
less than 20% higher) than the preliminary estimate shown in
E~hibit "B~, which is the amount upon which the respective
pa}~ent obligations of al! the contracting agencies, including
Agency, have been calculated, Agency shall pay to Palo Alto an
amount e_qua! to 2% of the tota! increase between the preliminary
and estimated cost for the Expansion Project. This amount sha!l
be due and payable to Palo Alto within 30 days of Agency’s
receipt of the fina! estimated cost.
2. If the fina! estimated cost is 20% or more
in excess of the preliminary estimate sho~ in Exhibit "B", Pa!o
Alto, Agency, and the other contracting agencies shal! meet to
agree upon whether and in what manner to proceed. If, after 25
days, a course of action is not agreed upon,Pa!o Alto may
abandon the Expansion Project.
3. If bids are received for the ~x~ans!on
Project, and the bids indicate a cost ~" -~cn~c is less than 20%
higher than the preliminary estimate shown in E~hibit "B",
Agency shal! pay to Pa!o Alto an amount e_cfual to 2% of the tota!
increase between the preliminary estimate and the bid amount,
less any amount Agency has paid to Palo Alto pursuant to Section
5.1, subparagraph 1 of this paragraph d. This amount shall be
due and payable to Palo Alto within i0 days from the bid
opening.
4. If the bids indicate a cost that is more
than 20% ~gher than the preliminary ~ -___es~_m~e shown in Exhibit
"B", or that is higher than the amount that the parties agreed
to pay pursuant to Section 5.1, subparagraph 2 of this paragraph
d, then mayo Alto Agency, and the other ~ ’ ’_ _,concrac~!ng agencies
sha!l meet to agree upon whether and in what manner to proceed.
If, after 25 days, a course of action is not agreed upon, Pa!o
Alto may abandon the Expansion Project.
e. Palo Alto shall hold any apparent excess
payments by Agency until after completion of construction and
a!l work incidental thereto, including resolution of all claims,
at which time, Pa!o Alto shal! provide a final accounting of
costs to Agency and shall return any overpayment to Agency no
more than one year from the date of completion and acceptance of
the project.
f. The total obligation of Agency does not
include costs of claims related to the construct_on contract
031103 cl 0044340 7
the costs of defense of those claims, and the costs of any
unforeseen conditions not otherwise described in this agreement.
~!tlona± costs and responsmm!±!~ies for any required actions~~D~ojthat exceed the budgeted costs of the ~xpans_on ~_ ect, except
as otherwise agreed to in accordance with this Section 5.1,
shal! be covered by amendment to this agreement. Pa!o Alto may
be required to stop work on the Expansion Project until
additional funding is r ~secu_e@ and/or cause the P~AS to be
restored to a safe operating condition, using any then
unexpended funds, if those additiona! funds are not made
available for completion o9 the Expansion Project.
g. Agency unae_snanas and agrees that although
some parts of the Expansion Project may have been constructed by
malo Alto with or w_unout this agreement, the scope and timing
of the Expansion Project are being underu=ke_, for a purpose that
will_ beneg{~__u Agency unee_~ r this agreement. Therefore, Agency
agrees that the tota! of all amounts owing by Agency to Pa!o
Alto pursuant to this section 5.1 shall be payable to Pa!o Alto
in the event o9 early termination of ~h’_u__!s agreement ; provided
that if the Expansion Project is abandoned by Palo Alto pursuant
to Section 5.1, subparagraph 2 of paragraph d, then the total
amount owing by Agency to Pa!o Alto shal! be the amount set
forth in paragraph b o9 this section 5.1; and provided further,
that if the Expansion Project is abandoned pursuant to
subparagraph 4 of paragraph d, then the tota! amount owing by
Agency to Pa!o ~to sh=±! be the a_mount set forth in paragraph b
plus any additiona! amount that Agency is obligated to pay to
Pa!o Alto for 9ina! design and engineering costs pursuant to
subparagraph ! of paragraph d of this section 5.1.
h. If Palo Alto terminates this agreement
within three years of com_m!etion of this expansion project,
Agency wil! be com_mensated for their portion of the paid
construction costs at the fol!owing rate:
Year One - 75%
Year Two - 50%
Year Three - 25%
i. Agency acknowledges that funds paid towards
the Expansion Project do not entitle Agency to any o%~ership
rights in the building or the improvements thereto.
5.2 The Services
The purpose of this section is to equitably al!ocate
the actua! costs of providing animal services to Agency in
proportion to PAAS’ tota! costs for those services.
031103 cl 0044340 8
a. Agency agrees to pay Pa!o Alto on or before
April 30, 2004, an amount that P.~hS has esu_ma~ed to be one
quarter (¼) of i~= yearly cost ~-~~’~.=~ upon ~ last year s actual
cost of providing the Services to Agency. Agency shal! pay the
same amount to Pa!o Alto on or before July 30, 2004.
Thereafter, Agency shal! may Palo Alto in four e_c!ua! quarterly
payments an amount based on the previous years’ actua! costs
calculated at the begir~_ing of each fiscal year, becoming due
and payable on or before October 30, January 30, Apri! 30, and
July 30 of each year beginning October 30, 2004.
b. At the end of each quarter, Palo Alto shall
pay to Agency any fees it has collected from individual citizens
of Agency in accordance with Section 3 of this Agreement, for
the following services provided for animals originating within
Agency’s jurisdiction: dog licenses, impoundment fees, and board
fees. Payment shall be by check from Palo Alto and shall not
offset or be deducted from the quarterly payments owing by
Agency to Pa!o Alto.
c. At the close of each fiscal year of the
contract (June 30~h), Agency’s actual payment will be adjusted to
reflect the Agency’s percent of the total actua! ~nima! Control
Program costs incurred by Paio Alto. The percentage shall be
calculated based on the actua! animals handled by Pa!o Alto for
Agency compared to the actual fisca! year program costs. ~nimal
Control Program costs are com_mrised of the operationa! areas as
presented in E~hibit "C".
d. ~_ny amount less than or in excess of
Agency’s percentage of the actual animal control program costs,
wil! be returned to or bi!led to Agency by October ! of each
year during the Service Term. Agency shall pay the amount of
any deficit within 30 days of Agency’s receipt of the bil!.
Al! payment shal! be sent to:
Superintendent of ~ima! Services
3281 East Bayshore Road
Palo Alto, CA 94303
f. 9m_y payments not received on or before the
date when payment is due shall accrue interest between the date
when pai~ment is due and the date payment is received at the
prevailing rate of return earned by Palo A!to’s investments
during that period.
g. in the event of early termination of this
Agreement during the Service Term, in accordance with Section 2
of the Agreement, Pa!o Alto will bill Agency and Agency shall
pay to Palo Alto a pro rated amount of the quarterly payment
031103 cl 0044340 9
based on the percentage of the quarter that has elapsed as of
the effective date of termination.
h. For any animal(s) originating within
Agency’s jurisdiction that Agency re~@ires to be housed at PAAS
over ninety (90) calendar days, Agency will be assessed and
shal! pay a daily charge equa! to the then current board fee as
set forth in the Palo Alto Municipa! Fee Schedule, plus the cost
of any medica! expenses necessary to care for the anima!(s),
commencing with the ninety-first (91) day of impoundment. Any
amounts owing by Agency under this paragraph h shal! be in
addition to the quarterly payments for care and housing for
which Agency is obligated pursuant to paragraphs a and c of this
Section 5.2.
i. Agency shall be obligated to pay the cost of
any unforeseen changes in State requirements relating to the
care and housing of animals that Pa!o Alto is required to
undertake in providing the Services.
j. In the event that the parties consider
making future capital expenditures for shelter im_mrovements
during the term of this agreement, this agreement may be amended
to provide therefor. It is anticipated that Agency shal! pay
its pro rata share of costs for such improvements, provided that
Agency is given notice of the nature and estimated costs for
such improvements prior to Pa!o Alto’s commitment to such
improvements and Agency agrees to amend this agreement to
provide for cost sharing for the capita! im_mrovements.
k. PAAS agrees to provide Agency with next
year’s estimated contract cost by Hay !st of the preceding year.
SECTION 6. indemnification and Hold Harmless
Agency acknowledges that it is required by law to
provide the Services, 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 defend,
indemnify and hold harmless Pa!o Alto, its officers, agents,
em_mloyees and servants from al! demands, claims, liabilities,
losses, charges, costs, or damages caused by or arising out of
Palo Alto’s acts or omissions in the perfo_rmance of this
Agreement unless those acts or omissions constitute intentional
or grossly negligent misconduct.
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
03 ! | 03 c; 0044340 ! 0
followed by ~ellve_y of hard comy, or by any other process
mutually acceptable to the parties to the a~d_esses stated be!ow
or to any other address noticed in writing.
Palo Alto:Super_nuendenu of Am_imal Services
3281 East Bayshore Road
Pa!o Alto, CA 94303
Agency:Town of Los Altos Hills
Town Hal!
26379 Fremont Road
Los Altos Hills, CA 94022
SECTION 8. Amendments
Amendments to this Agreement must be in writing and
approved by the governing body of Agency and Pa!o Alto. This is
the entire Agreement between the parties and supersedes any
prior written or oral agreements between the parties relating to
the Services or to the Expansion Project.
SECTION 9. Miscellaneous
9.1 This Agreement shall be governed by and construed
in accordance with the laws of the State of California. Any
changes resulting in modifications to the Services shal! be
provided in writing by Pa!o Alto to Agency as soon as
Legislative bodies enact any new or modified regulations
regarding animals, their care and housing.
9.2 Pa!o 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 Municipa! Code, and the terms of this
Agreement, which directly results from an Act of God, or an
occurrence of nature.
9.3 if a Court of com_metent jurisdiction finds or
rules that any provision of this Agreement is void or
unenforceable, the unaffected provisions of this Agreement shall
remain in effect.
9.4 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.
//
//
031103 cl 004-4.340
IN WITNESS ¼E6EREOF, THE PARTIES HAVE EXECUTED THIS
Agreement in Palo Alto, County of Santa Clara, California, on
the ~-~- ~rst above stated
"PAL0 ALTO""AGENCY"
CITY OF PAL0 ALTO TOk~ OF LOS ALTOS HILLS
Mayor Mayor
ATTEST:ATTEST:
City Clerk City Clerk
APPROVED AS TO FOH~:APPROVED AS TO FORM:
Senior Asst. City Attorney City Attorney
APPROVED:
Assistant City Hanager
Police Chief
Director of Administrative
Services
EXHIBITS:
Exhibit "A~ -
Exhibit "B" -
Exhibit "C" -
L_nima! Services Task Force Responsibilities
.<nima! Shelter Expansion Breakdowm_. of
Project Costs by City
Definitions of Operational Areas
031103 cl 0044340 12
Exhibit ~A"
The responsibilities of the ~_ima! Services Task Force (ASTF)
shall include, but not be limited to:
!.Review the existing animal control ordinances of the
agencies represented on the ASTF and make recommendations
for appropriate changes.
2.Review changes in State requirements relating to the care
and housing of animals.
3.Periodically review the anima! licensing program.
4.Review co~mlaints regarding Pa!o Alto’s Services.
5.Review fees, revenues and expenditures relating to Pa!o
A!to’s Services.
o
Periodically review the cost sharing formulas for the
agencies represented on the ASTF; consider fiscal
implications for other agencies if one agency terminates
its participation.
Review and discuss proposed additions or deletions to the
number of PAAS staff; provided, however, that final
decisions on any Pa!o Alto personnel matter shal! be at
the sole discretion of Pa!o Alto.
o
o
Review the Fina! Engineer’s Estimate relating to costs of
the Expansion Project and make recommendations on how to
proceed, if appropriate under the agreement.
Review !ow bid(s) for Expansion Project and make
recommendations on how to proceed, if appropriate under
the agreement.
i0. Review future PAAS capital im_orovements.
03t 103 cl 004-4340 13
Exhibit ~B"
Expansion Project
This project wil! provide a 2,000 foot expansion of the Anima!
Shelue_ to increase administrative space, cat rooms veterinary
receiving/treatment area, spay/neuter clinic, storage areas and
a smal! anima! room. A new separate 2,500 square foot dog
kenne! building will also be added. In addition, the HVAC
system will be renovated or replaced, electrical service panels
wil! be upgraded and ~A requirements will me met. If
necessary, the structure wil! be seismically evaluated and
structural work done.Other renovations include f!ooring,
painting, and roofing.
SUNNYVALE
LOS
LOS ALTOS
DESCRIPTION/SPACE ALTOS HILLS TOTAL
$3,354 $2,236
$3,12C $2,080
New vet exam room
New administration
New lobby
New cat room #1
New cat room #2
New small animal room spaces $2.275
Subtotal interior $56,024 $6,591
PALO
ALTO
Il $177,125~
$19,00 $78,260!
$17,680{$72,800~I $67,600{
$83,2001
$19.33E $79.625~
$558,610{
New dog kennels ~, ,-, ,-~.oo~ =oN
New large animal housing !$7,680I
Shift parking lot I $36,00d
New landscape I I $30,0001
New site work & utility service I I $i00,00
Renovations to existing bldgs $224,00~|
A owance for seismic upgrades $8,50~$35,000{
Fixtures, furniture & equipment I $10,311 $42,483{
Escalation (5%)I 22.942!52,0731
TOTAd $481,783~$1,093,52~
ROUNDEDOFF1 $480,000~$1,100,000{
Note:I I
%’s of total project I 27~60{
MT.
VIEW
!
$8,944~
$8,320{
$9,1od
$26,364
I
I
$108,000~
$4.000{
$4,855{
7.1611
$150,380{
$150,000{
8!
$3.413~
$9,887~
$44,000[
$1,50~
2.860~
$60,068~
$60,000{
$177,125
$111,800
$104,O00
$67,600
$83,200
$113,75O
$657,475
$39,
$7,680
$36,000
I $30,000
! $100,000
$24,000{ $400,00C
$1,ood $5o,ooc
Sl,214 $60,69[
1.640~86.67E
$34,44~ $1,820,201
$35,00~2~ $1 .,825,00~10
03 ] ] 03 cl 0044340 1 4
EXHIBIT "C"
DEFINITIONS OF OPERATIONAL AREAS
!n an effort to clarify the functions included in the breakdown of fiscal areas, the following is
offered. It should be noted that other duties and responsibilities may be inserted in any of the
outlined areas as is deemed necessary.
Animal Administration (70070001)
Meetings
Fiscal duties and responsibilities
Equipment maintenance
Facility maintenance
Telephones
Radios
Time card preparation
Personnel issues and supervision
Disaster Preparedness
Volunteer Program
Recruitment
Placement and training of volunteers
Recognition and event planning
Evaluation of volunteers
Scheduling of volunteers
Development of and implementation of programs
Disciplinary actions~ termination~ and associated procedures.
Risk Management
Mandatory/nonmandatory training
Hiring and retention
Pet Recovery/Adoption Services (70070002)
Microchip implanting
Adoption counseling
Pet Introduction
Animal redemption
Animal receiving (office)~ screening
Lost and found animal reports
Pet supplies- selling and ordering
Behavioral questions
Pet Identification and licensing
031103 cl 0044340 ! 5
Dead animal disposal- including private cremation/buria!
Pet of the week promotion
Outreach activities
Public education on animal related topics
Animal Care (70070003)
Kennel and cage cleaning
Feeding of animals
Health examinations
Evaluation and euthanasia
Medical evaluation - emergency assessment
Emergency treatment during operation hours
Referral of wildlife care to Wildlife Rescue
Pet food/kennel supply pick up
Daily assessment of each animal
/n-house spay/neuter and vaccinations
Post and Pre surgical questions
Temperament evaluations
Requests for Service (All jurisdictions) (70070005)
Quarantines of animals at the shelter and their home
Vicious animal control
Animal bite investigations
Transport sick or injured stray animals including wildlife
Special patrols
Disaster preparedness - including drills
Pick up of confined strays
Assist Police - animal related incidents
Animal Rescues
Veterinarian Service for necropsy, assessments related to
cruelty/abuse investigations
Department Administration (70010001)
Associated police administration
Department-wide impacts
Overall fiscal meetings
Cu 7/9/03
03 ! ] 03 c! 004-4340 1 6
AGREEMENT FOR ANIMAL SERVICES
BETWEEN THE CITY OF PALO D.LTO AND
This Agreement for Anima! Care Services is made this
day of January, 2004, by and between the City of Pa!o Alto
("Pa!o Alto") and the City of Mountain View ("Agency").
RECITALS
WHEREAS, State law re_quires cities to provide certain
anima! services for the purposes of rabies prevention and animal
control; and
WHEREAS, Palo Alto has an established animal control
and shelter operation (Pa!o Alto Animal Services, ~PAAS") and
currently provides the required services within its own
jurisdiction and, by contract, within the jurisdictions of other
cities, including Ag@ncy; and
WHEREAS, Agency has requested that Pa!o Alto continue
to provide such services for Agency; and
~4EREAS, Palo Alto is willing to continue to provide
such services to Agency; and
W~.IEREAS, the City of Sunnyvale has requested that Palo
Alto provide anima! services for that city, which would trigger
the need for Palo Alto to hire additiona! staff and to enlarge
its anima! shelter facility (the "Expansion Project"); and
~._~EREAS, the City of Sunn]~a!e has agreed to pay the
largest share of the costs for the Expansion Project and for the
hiring of additional staff; and
~HEREAS, the addition of Sunnyvale as an additional
contracting agency wil! result in economy of scale savings in
the cost of the Services to each of the existing contracting
agencies, including Agency; and
k~EREAS, Agency agrees to pay its fair share of the
cost of additional Pa!o Alto staff required for the Services and
for the costs of the Expansion Project.
NOW, THEREFORE, in consideration of the
covenants, te_rms, and conditions, the parties agree:
following
031103 cl 00~341 q-.-
SECTION !. Term
The term of this agreement shal! be for ten (i0)
years, from January !, 2004 to June 30, 2014, termination date,
unless sooner terminated or extended by mutual agreement between
Pa!o Alto and the Agency.
The parties intend to extend this agreement for two
additiona! five-year terms, so long as it is mutually
advantageous. The parties agree to meet no later than June 30,
2013 to discuss the terms of the first extension.
SECTION 2. Termination by Either Party
.<ny party may terminate this Agreement at any time, at
their sole discretion, by providing 365 days written notice of
intent to terminate. In any event of termination under this
paragraph Palo Alto shall be paid for al! services performed up
to the effective date of such termination in addition to- any
amounts owing to Pa!o Alto for the Expansion Project as of the
effective date of such termination.
SECTION 3. The Services
3.1 During the Service Term of this agreement, PP_hS
shal! provide certain animal services ("the Services") to
Agency, as hereinafter described.
a. £~nima! Control Services. P~<~S shall perform
the following services within the jurisdiction of Agency:
!. Po~S shall schedule an /~nima! Control
Officer to provide "request for service" coverage, seven days
per week, between the hours of 8:00 a.m. and 5:00 p.m.After
hours services shall be provided by one on-cal! officer.
2. P~S shall investigate all animal bite
incidents in accordance with State law. A P~2~S Pm_imal Control
Officer wil! respond to the scene of the bite incident in
progress or as soon thereafter as possible; shall attempt to
capture the biting animal, if it is running at large; shall
impound and determine the proper !ocation wb_ere the anima! shall
be held for rabies observation quarantine); and shall transport
the anima! to that !ocation.
3. Upon receivlng a cal! for services, a P.<hS
~ima! Control Officer shal! respond to the scene of any sick or
injured or aggressive domestic animal and transport the animal
to either the Pg_hS or to a private veterinarian, for care and
treatment.
03I 103 cl 0044341 2
4. P~hS shall pick up dead domestic and wild
animals from public property or streets between the hours of
8:00 a.m. and 5:00 p.m. daily.
5. P.<hS shall provide pick up service for
confined, stray domestic animals, including those in humane box
traps provided by P.<hS, between the hours of 8:00 a.m. and 5:00
p.m. daily.
b. Sheltering and Associated Care
i. P~hS will accept all domestic
im_mounded or surrendered by Agency’s citizens.
animals
2. P’AAS will house and care for all domestic
animals delivered by Agency’s citizens, including assessment and
any required medical treatment.
3. At the conclusion of the State mandated
holding period, stray or surrendered animals become the property
of P.<hS and may be placed for adoption or humanely euthanized at
P.<hS’ discretion.
4. PAAS will accept all dead animals not to
exceed !00 pounds each, for disposal from Agency’s citizens.
c. Rabies Control Services
i. PAAS will quarantine and test animals
suspected of rabies in a manner consistent with the provisions
of Part 6 of Division 105 of the California Health and Safety
Code.
2. PAAS shall provide an ~actual cost" rabies
vaccination clinic in accordance with State law.
3. P~hS shall be responsible for filing on
behalf of Agency the Annua! Report of Local Rabies Control
Activities and Statement of Enforcement withthe California
State Department of Health Services.
d. Dog Licensing Services
!. PAAS shall maintain a dog-licensing program
and database for Agency, in accordance with State law.
ag_eemen~
o P~hS shall deliver all data upon termination
031103 cl 0044341 3
e.Associated Administrative and Reporting
Services
i. Pg_hS shall provide owners of lost pets with
_nformation about impounded animals in accordance with State
law.
2. P~hS will maintain records for domestic
animals from Agency’s jurisdiction that have been received at
the shelter and shall provide Agency with monthly reports
describing animals received and their disposition.
f. General Standards of Operation
i. All fees shall be at the rates established
by the Palo Alto City Council.
2. The Pa!o Alto City Veterinarian shall
oversee all animal health, hygiene and nutritional needs at
P~hS.
3. P~hS will provide for the emergency
treatment for all domestic animals under its care, either at the
PAAS or through another veterinary facility with wi~ich it
contracts.
4. The adoptability of animals as well as the
approval or denia! of potentia! adopters remains the sole
responsibility of P’AAS.
5. No animals, dead or alive, shall
knowingly released or sold for any typ_e of experimentation.
be
6. Humane box traps,~or; the capture of feral
cats, sha!l be available for rental at. P~hS to residents of
Agency, at rates set by Palo Alto. The rental cost shal! be the
responsibility of the resident.
7. Employees of the PAAS are employees of Pa!o
Alto, which shall have sole authority over all terms and
conditions of their emp!oyment.In the event that Palo Alto
proposes to add to or subtract from the number of emp!oyees
providing the Services hereunder,Palo Alto will consult with
the Anima! Services Task Force prior to taking such action;
provided, that any such decision shall be the sole discretion of
Pa!o Alto and wil! not be in conflict with 5.1(a) (!).
The Services will be provided in accordance with
provisions of Agency’s ordinances, insofar as they have been
made known to P~S by Agency, and in com_mliance with al! related
applicable laws of the State of California. Agency has provided
031103 cl 0044341
and P.<hS acknowledges that it has received copies of al! Agency
ordinances applicable to the performance of the Services.
Agency agrees that it will keep Pg~S informed of any changes or
additions to Agency’s ordinances that might affect P~_hS’
responsibilities or performance under this agreement.
3.2 Agency Obligations
a. Agency hereby designates Pa!o Alto to
perform, on behalf of Agency, all duties that Pa!o Alto has
agreed to perform in Section 3.1 of this Agreement.
b. Agency hereby agrees that Palo Alto’s
designated Ap_imal Control employees may legally enforce those
sections of Agency’s Municipa! Code as they deem necessary to
complete their performance of the Services.
c. Agency hereby designates P_<hS to administer
Agency’s dog licensing program, including fee collection.
d. Agency shall be solely responsible for the
prosecution of criminal actions within its jurisdiction;
provided, however, that Pa!o Alto em_m!oyees will assist Agency
as needed.
e. Agency shall be solely responsible for
arranging and conducting hearings under its Dangerous Animal
Ordinances, including the collection of costs, and the defense
of any litigation or appeal of whatever nature, based thereon;
provided, however, that Pa!o Alto emp!oyees wil! assist Agency
as needed, inclusive of, but not limited to, expert testimony at
hearings.
f. Agency agrees to adopt and enforce
Alto’s animal related fee schedule within its jurisdiction.
Palo
3.3 Advisory Committee
The parties hereto agree to participate in the ~mima!
Services Task Force (ASTF). The ASTF shal! meet on a quarterly
basis and will consist of a representative appointed by Agency
and the Superintendent and Supervisor of PAAS, as wel! as a
representative of each party that contracts with Pa!o Alto for
anima! services. The purpose and role-of the ASTP shal! be to
set operationa! standards for providing the Services and to make
recommendations to the parties to this and other anima! services
agreements. The duties and responsibilities of the ATSF are
described in Exhibit "A", attached hereto and incorporated
herein by reference.The members of the ASTF may agree to
change such duties and responsibilities from time to time, in a
031103 cl 0044341
manner consistent with the purpose and role of the ASTF as
described above.
SECTION 4. Expansion Project
4.1 Pa!o Alto has prepared preliminary plans for a
construction project ("Expansion Project"), which would remodel
the P~hS facility and expand it by 2,000 square feet, plus an
additiona! 2,500 square feet of kenne! space; upgrade the HVAC
system, roof and electrical; and add ADA upgrades. A
description of the Expansion Project, including the estimated
costs thereof, is attached as E~hibit ~B", and incorporated
herein by reference.
4.2 The Expansion Project will require both Pa!o Alto
and Bay Conservation and Development Commission approvals prior
to commencement of construction. The Expansion Project is
currently projected for com_m!etion in mid-2005.
4.3 The Expansion Project is a public project of Pa!o
Alto, which shall be solely responsible for its execution and
administration. Agency will have the reasonable opportunity to
review and comment on the construction plans and drawings and
the estimated costs thereof; however, except as provided in
Section 5.1, Pa!o Alto shal! make all final decisions respecting
the Expansion Project.
SECTION 5. ConDensation
5.1 The Expansion Project
a. With the understanding that the Expansion
Project wil! enable Pa!o Alto to provide anima! services to
additiona! public agencies, with the objective of creating
economy-of-scale cost savings, Agency agrees that it will
provide a portion of the funding for the Expansion Project. The
parties acknowledge that other public agencies, which contract
with Palo Alto for provision of anima! services, will also share
in the cost of the Expansion Project. The relative share of
each participating public agency,including Agency and Pa!o
Alto, is set forth in E~hibit "B".
b. On or before January !, 2004, Agency shall
pay Pa!o Alto, as its initial share of the Expansion Project
costs, the amount of $30,000 as Agency’s share of the estimated
costs of planning, evaluation and design.
c. On or before August i, 2004, Agency shall
pay Palo Alto the amount of $120,000 as Agency’s share of the
estimated costs of construction and furnishings of the Expansion
Project.
031103 cl 0044341
d. When the final engineer’s estimated cost for
the Expansion Project has been com_m!eted by or for Palo Alto, a
copy shall be given to Agency and the other contracting
agencies.
!. If the final estimated cost is higher (but
less than 20% higher) than the preliminary estimate shown in
Exhibit "B", which is the amount upon which the respective
payment obligations of al! the contracting agencies, including
Agency, have been calculated, Agency shal! pay to Paio Alto an
amount equa! to 8% of the total increase between the preliminary
and estimated cost for the Expansion Project. This amount shall
be due and payable to Palo Alto within 30 days of Agency’s
receipt of the fina! estimated cost.
2. If the fina! estimated cost is 20% or more
in excess of the preliminary estimate shown in Exhibit "B", Pa!o
Alto, Agency, and the other contracting agencies shall meet to
agree upon whether and in what manner to proceed. If, after 25
days, a course of action is not agreed upon,Pa!o Alto may
abandon the Expansion Project.
3. if bids are received for the Expansion
Project, and the bids indicate a cost that is less than 20%
higher than the preliminary estimate shown in EY~hibit "B",
Agency shal! pay to Pa!o Alto an amount equa! to 8% of the total
increase between the preliminary estimate and the bid amount,
less any amount Agency has paid to Palo Alto pursuant to Sect_on
5.1, subparagraph 1 of this paragraph d. This amount shall be
due and payable to Pa!o Alto within i0 days from the bid
opening.
4. if the bids indicate a cost that is more
than 20% higher than the preliminary estimate shob~ in Exhibit
"B", or that is higher than the amount that the parties agreed
to pay pursuant to Section 5.1, subparagraph 2 of this paragraph
d, then Pa!o Alto, Agency, and the other contracting agencies
shal! meet to agree upon whether and in what manner to proceed.
If, after 25 days, a course of ac~!on~’ is not agreed upon, Palo
Alto may abandon the Expansion Project.
e. Palo Alto shall hold any apparent excess
payments by Agency until after completion of construction and
al! work incidental thereto, including resolution of all claims,
at which time, Pa!o Alto shal! provide a fina! accounting of
costs to Agency and shal! return any overpayment to Agency no
more than one year from the date of completion and acceptance of
the project.
f. The total obligation of Agency does not
inc_uae costs of claims related to the construct_on contract
031103 cl 0044341 7
the costs of defense of those claims, and the costs of any
unforeseen conditions not otherwise described in this agreement.
Additional costs and r~n~n~bi!ities for ~ ~r=a actions
that exceed the budgeted costs of the Expansion Project, except
as otherwise agreed to in accordance with this Section 5.1,
shall be covered by amendment to this agreement. Palo Alto may
be required to stop work on the Expansion Project until
additional funding is secured and/or cause the P~hS to be
restored to a safe operating condition, using any then
unexpended funds, if those additional funds are not made
available for completion of the Expansion Project.
g. Agency understands and agrees that, although
some parts of the Expansion Project may have been constructed by
Pa!o Alto with or without this agreement, the scope and timing
of the Expansion Project are being undertaken for a purpose that
wi!! beneiit Agency under this agreement. Therefore, Agency
agrees that the total of al! ~mounts owing by Agency to Pa!o
Alto pursuant to this section 5.1 shall be payable to Pa!o Alto
in the event of early termination of this agreement; provided
that if the Expansion Project is abandoned by Palo Alto pursuant
to Section 5.1, subparagraph 2 of paragraph d, then the total
amount owing by Agency to Pa!o Alto shall be the amount set
forth in paragraph b of this section 5.1; and provided further,
that if the Expansion Project is abandoned pursuant to
subparagraph 4 of paragraph d, then the total ~mount owing by
Agency to Palo Alto shall be the amount set forth in paragraph b
plus any additional amount that Agency is obligated to pay to
Pa!o Alto for final design and engineering costs pursuant to
subparagraph 1 of paragraph d of this section 5.1.
h. If Pa!o Alto terminates this agreement
within three years of completion of this expansion project,
Agency will be compensated for their portion of the paid
construction costs at the following rate:
Year One - 75%
Year Two - 50%
Year Three - 25%
i. Agency acknowledges that funds paid towards
the Expansion Project do not entitle Agency to any o%~ership
rights in the building or the improvements thereto.
5.2 The Services
The purpose of this section is to equitably allocate
the actual costs of providing animal services to Agency in
proportion to P~hS’ total costs for those services.
03! 103 cl 00-~-~-34-I 8
a. Agency agrees to pay Palo Alto on or before
April 30, 2004, an amount that P~S has estimated to be one
cru~r (¼) ~ ~ ~ri~r cos~ ~=~=~ uoon ~= !ast vear’~
cost of providing the Services to Agency. Agency shal! pay the
same amount to Pa!o Alto o~ or before July 30, 2004.
Thereafter, Agency shal! pay Palo Alto in four equa! quarterly
payments an amount based on the previous years’ actua! costs
calculated at the beginning of each fisca! year, becoming due
and payable on or before October 30, January 30, Apri! 30, and
July 30 of each year beginning October 30, 2004.
b. At the end of each quarter, Palo Alto shall
pay to Agency any fees it has collected from individual citizens
of Agency in accordance with Section 3 of this Agreement, for
the following services provided for animals originating within
Agency’s jurisdiction: dog licenses, impoundment fees, and board
fees. Pa%rment shal! be by check from Palo Alto and shal! not
offset or be deducted from the quarterly payments owing by
Agency to Paio Alto.
c. At the close of each fiscal year of the
contract (June 30:h), Agency’s actual payment will be adjusted to
reflect the Agency’s percent of the tota! actual _<nima! Control
Program costs incurred by Palo Alto. The percentage shal! be
calculated based on the actual animals handled by Pa!o Alto for
Agency compared to the actua! fiscal year program costs. Anima!
Contro! Program costs are comprised of the operationa! areas as
presented in E~hibit "C".
d. ~ny amount less than or in excess of
Agency’s percentage of the actual animal control program costs,
will be returned to or billed to Agency by October ! of each
year during the Service Term. Agency shall pay the amount of
any deficit within 30 days of Agency’s receipt of the bil!.
Al! payment shall be sent to:
Superintendent of Am_ima! Services
3281 East Bayshore Road
Palo Alto, CA 94303
f. ~y pai~ments not received on or before the
date when payment is due shall accrue interest between the date
when payment is due and the date payment is received at the
prevailing rate of return earned by Palo A!to’s investments
during that period.
g. in the event of early termination of this
Agreement during the Service Term, in accordance with Section 2
of the Agreement, Pa!o Alto wil! bil! Agency and Agency shall
pay to Palo Alto a pro rated amount of the quarterly payment
based on the percentage of the quarter that has elapsed as of
the effective date of termination.
h. For any anima!(s) originating within
Agency’s jurisdiction that Agency re_cgiires to be housed at P~_hS
over ninety (90) calendar days, Agency wil! be assessed and
shal! pay a daily charge e_qua! to the then current board fee as
set forth in the Palo Alto Municipal Fee Schedule, plus the cost
of any medical expenses necessary to care for the anima!(s),
commencing with the ninety-first (91) day of impoundment. ~ny
amounts owing by Agency under this paragraph h shal! be in
addition to the quarterly payments for care and housing for
which Agency is obligated pursuant to paragraphs a and c of this
Section 5.2.
i. Agency shall be obligated to pay the cost of
any unforeseen changes in State requirements relating to the
care and housing of animals that Pa!o Alto is re~dired to
undertake in providing the Services.
j. in the event that the parties consider
making future capital expenditures for shelter improvements
during the term of this agreement, this agreement may be amended
to provide therefor. !t is anticipated that Agency shal! pay
its pro rata share of costs for such im_mrovements, provided
Agency is given notice of the nature and estimated costs for
such im_mrovements prior to Pa!o A!to’s commitment to such
improvements and Agency agrees to amend this agreement to
provide for cost sharing for the capita! im_mrovements.
k.PAAS agrees to provide Agency with next
year’s estimated ~r ~_cone_ace cost by Hay !s~ of the mreceding year.
SECTION 6. Indemnification and Hold Harmless
Agency acknowledges that it is required by law to
provide the Services, and that it has no present ability to
provide those Services and has requested that Pa!o Alto provide
such services. Therefore, Agency expressly agrees to defend,
indemnify and hold harmless Palo Alto, its officers, agents,
employees and servants from al! demands, claims, liabilities,
losses, charges, costs, or damages caused by or arising out of
Palo A!to’s acts or omissions in the performance of this
Agreement unless those acts or omissions constitute intentiona!
or grossly negligent misconduct.
SECTION 7. Notices
All notices shal! be submitted, in writing, and sent
by the United States mail, certified and postage prepaid, by
D_ivace express delivery service, by facsimile transmission
031103 cl 0044341 ! 0
followed by delivery of hard copy, or by any other process
mutually acceptable to the parties to the addresses stated below
~~ne~ address noticed in "~-:~-or ~o any ~*~w:=~±~g.
Pa!o Alto:Superintendent of ~_nimal Services
3281 East Bayshore Road
Pa!o Alto, CA 94303
Agency:City of Mountain View Police Department
!000 Villa Street
Mountain View, CA 94041
SECTION 8. ~endments
_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 ora! agreements between the parties relating to
the Services or to the Expansion Project.
SECTION 9. Miscellaneous
9.1 This Agreement shall be governed by and construed
in accordance with the laws of the State of California. .~ny
changes resulting in modifications to the Services shall be
provided in writing by Palo Alto to Agency as soon as
Legislative bodies enact amy new or modified regulations
regarding animals, their care and housing.
9.2 Pa!o 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 Municipa! Code, and the terms of this
Agreement, which directly results from an Act of God, or an
occurrence of nature.
9.3 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.
9.4 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’~ees expended in
connection with such an action.
//
//
//
031103 cl 0044341
IN WITNESS ~<E~EREOF, THE Pg~T!ES I~hVE EXECUTED THIS
Agreement in Pa!o Alto, County of Santa Clara, California, on
the date first above stated.
"PAL0 ALTO"~’AGENCY"
CITY OF PAL0 ALTO CITY OF M0"GNTA!N VIEW
Mayor City Manager
ATTEST:ATTEST:
City Q!erk
APPROVED AS TO F0~M:
City Clerk
APPROVED AS TO FOP~:
Senior Asst. City Attorney
APPROVED:
City Attorney
Assistant City Manager
Police Chief
Director of Administrative
Services
E~6iBiTS:
Exb_ibit ~A" -.~_imal Services Task Force Responsibilit±es
Exhibit "B" -_’Anima! Shelter Expansion Breakdo%~ of
Project Costs by City
Exhibit "C~ -Definitions of Operationa! Areas
031103 cl 00’44341 12
Exhibit ~A"
The responsibilities of the Anima! Services Task Force (ASTF)
shall include, but not be limited to:
Review the existing anima! control ordinances of the
agencies represented on the ASTF and make recommendations
for appropriate changes.
°Review changes in State requirements relating to the care
and housing of animals.
3.Periodically review the animal licensing program.
4.Review complaints regarding Palo A!to’s Services.
o Review fees, revenues and expenditures relating to Pa!o
Alto’s Services.
Periodically review the cost sharing formulas for the
agencies represented on the ASTF; consider fiscal
implications for other agencies if one agency te_rminates
its participation.
Review and discuss proposed additions or deletions to the
number of PAAS staff; provided, however, that fina!
decisions oN any Palo Alto personne! matter shal! be at
the sole discretion of Palo Alto.
Review the Fina! Engineer’s Estimate relating to costs of
the Expansion Project and make recommendations on how to
proceed, if appropriate under the agreement.
Review low bid(s) for Expansion Project and make
recommendations on how to proceed, if appropriate under
the agreement.
i0. Review future PAAS capital improvements.
031103 cl 0044341 13
Exhibit ~B"
Expansion Project
This project will provide a 2,000 foot expansion of the Anima!
Shelter to increase administrative space, cat rooms, veterinary
receiving/treatment area, spay!neuter clinic, storage areas and
a small animal room. A new separate 2,500 square foot dog
kenne! building wil! also be added. In addition, the HVAC
system will be renovated or replaced, electrica! service panels
will be upgraded and ADA requirements wil! me met. If
necessary, the structure wil! be seismically evaluated and
structura! work done.Other renovations include flooring,
painting, and roofing.
DESCRIPTION/SPACE
PALO
ALTO
MT. LOS
SUNNYVALE VIEW ALTOS
LOS
ALTOS
HILLS TOTAL
qew vet exam room
qew administration
qew lobby
qew cat room #1
qew cat room #2
qew small animal room
Subtotal interior spaces!
~W dog l~=nn~i~
qew large animal housing
Shift parking lot
Ilew landscape
qew site work & utility service
:~enovations to existing bldgs
%llowance for seismic upgrades
--ixtures, furniture & equipment
-scalation (5%) TOTAL
ROUNDED OFF~
qote:
Ws of total project j
$19,006
$17,68Q
,~,! 9,338!
$56,02
$!60,000
$224,000
$8,500
$10,317
22~942
$481,783!
$480,000
$177,125
$78,26C
$72,800
$67,60C
$83,20C
$79~62~
$558,6113
$23!
$7,68C
$36,00(:
$30,00(:
$100,000
$35,00C
$42,483
52.073
$1,093,526
$1,100,0013
6C
$8,944 $3,354
$8,320 $3,12C
$9,100 $3.413
$26,364 $9,887
$2,23~
$2.08d
$2.27!;!
$6,591
$108,00d $44,00C S24,00C
$4,000 $1,50C Sl,00C
$4,855! $1,821 $1,214
7.161 2.86C 1.64C
$150,380 $60,06~$34,445
$150,00~ $60,0013 $35,00C
81
$177,125
$111,800
$104,000
$67,600
$83,200
$113,750
$657,475
e~o~,680
$7,680
$36,000
$30,000
$100,000
$400,000
$50,000
$60,690
86.676
$1,820,201
$1,825,000
100
031103 cl 0044341 14
EXHIBIT ~C"
In an effort to clarify the functions included in the breakdown of fiscal areas, the following is
offered. It should be noted that other duties and responsibilities may be inserted in any of the
outlined areas as is deemed necessary.
Meetings
Fiscal duties and responsibilities
Equipment maintenance
Facility maintenance
Telephones
Radios
Time card preparation
Personnel issues and supervision
Disaster Preparedness
Volunteer Program
Recruitment
Placement and training of volunteers
Recognition and event planning
Evaluation of volunteers
Scheduling of volunteers
Development of and implementation of programs
Disciplinary actions, termination, and associated procedures.
Risk Management
Mandatory/nonmandatory training
Hiring and retention
Pet Recovery/Adoption Services (70070002)
Microchip implanting
Adoption counseling
Pet Introduction
Animal redemption
Animal receiving (office), screening
Lost and found animal reports
Pet supplies- selling and ordering
Behavioral questions
Pet Identification and licensing
Dead animal disposal- including private cremation!burial
03l 103 c[ 0044341 ! 5
Pet of the week promotion
Outreach activities
Public education on animal related topics
Anima! Care (70070003)
Kennel and cage cleaning
Feeding of animals
Health examinations
Evaluation and euthanasia
Medical evaluation - emergency assessment
Emergency treatment during operation hours
Referral of wildlife care to Wildlife Rescue
Pet food/kennel supply pick up
Daily assessment of each animal
in-house spay/neuter and vaccinations
Post and Pre surgical questions
Temperament evaluations
Requests for Service (All jurisdictions) (70070005)
Quarantines of animals at the shelter and their home
Vicious animal control
Animal bite investigations
Transport sick or injured stray animals including wildlife
Special patrols
Disaster preparedness - including drills
Pick up of confined strays
Assist Police - animal related incidents
Animal Rescues
Veterinarian Service for necropsy, assessments related to
cruelty/abuse investigations
Department Administration (70010001)
Associated po/ice administration
Department-wide impacts
Overall fiscal meetings
Cu 7/9/03
03]103 c10044341 ! ~
AGREEMENT FOR ANIMAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
THE CITY OF SUNNYVALE
This Agreement for Animal Care Services is made this
day of January 2004, by and between the City of Palo Alto
(~Palo Alto") and the City of Sunnyvale (~Agency").
RECITALS
WHEREAS, State law requires cities to provide certain
anima! services for the purposes of rabies prevention and animal
control; and
WHEREAS, Palo Alto has an established animal control
and shelter operation (Palo Alto Animal Services, "PAAS") and
currently provides the required services within its own
jurisdiction and, by contract, within the jurisdictions of other
cities; and
WHEREAS, Agency desires to provide certain animal
control services within its jurisdiction, but has no current
facilities or ability to provide certain required licensing,
animal care and sheltering and associated reporting services,
and has requested that Palo Alto provide such services for
Agency; and
WHEREAS, Palo Alto is willing to provide such services
to Agency, provided that the additional services for Agency will
require Palo Alto to hire additional staff and will also require
Palo Alto to enlarge its animal shelter facility (the "Expansion
Project"); and
WHEREAS, Agency agrees to pay its fair share of the
cost of additional Palo Alto staff required for the Services and
for the costs of the Expansion Project
NOW, THEREFORE, in consideration of the following
covenants, terms, and conditions, the parties agree:
SECTION I. Term
The term of this agreement shall be from January i,
2004 to June 30, 2024, ~Termination Date", unless sooner
terminated or extended by mutual agreement between Palo Alto and
the Agency. The parties acknowledge and agree that the
Services, as such are hereinafter described, will commence after
completion of the Expansion Project. The "Service Term" of
this agreement, during which the Services shall be performed,
031125 cl 0044348 1
shall commence on July i, 2005, or such later date as the
parties may mutually agree, and shall thereafter be coterminous
with the term.
The parties may extend this agreement beyond
Termination Date an additional ten years. The parties agree to
meet no later than June 30, 2023 to discuss the terms of such
extension.
SECTION 2. Termination by Either Party
Any party may terminate this Agreement at any time, at
their sole discretion, by providing 365 days written notice of
intent to terminate. In any event of termination under this
paragraph Palo Alto shall be paid for all services performed up
to the effective date of such termination in addition to any
amounts owing to Palo Alto for staffing costs and for the
Expansion Project as of the effective date of such termination
SECTION 3. The Services
3.1 During the Service Term of this agreement, Paio
Alto shall provide certain animal services ("the Services") to
Agency, as hereinafter described.
a. Sheltering and Associated Care
i. PAAS will accept all domestic animals
impounded or surrendered by Agency’s officers or citizens.
2.PAAS will house and care for all domestic
animals delivered by Agency’s officers or citizens, including
assessment and any required medical treatment.
3. At the conclusion of the State mandated
holding period, stray or surrendered animals become the property
of PAAS and may either be placed for adoption or humanely
euthanized at PAAS’ discretion.
4. PAAS will accept all dead animals not to
exceed !00 pounds each, for disposal from Agency’s officers or
citizens.
b.Euthanasia and Rabies Control Services
i.PAAS will provide veterinarian training and
supervision for Agency’s animal control officers for the
purposes of (a)euthanizing animals of an age or medical
condition rendering them unfit for impoundment when brought to
the PAAS facility, and (b) decapitating animals suspected of
031125 cl 0044348 2
rabies at the PAAS facility for transport to other laboratory
testing facilities selected by Agency. These activities
performed by Agency’s animal control officers shall be conducted
according to the requirements of California law and PAAS
policies and procedures, and for that reason these officers
shall be trained and certified by the State of California as
required for the performance of these activities.
2. Agency shall be responsible for all costs and
for filing all reports required regarding the euthanasia and
rabies control activities conducted by Agency’s animal control
officers at the PAAS facility.
c. Dog Licensing Services
I. PAAS shall collect and remit to Agency dog
license fees required by Agency in connection with the release
from impoundment of dogs delivered to the PAAS facility from
within Agency’s jurisdiction.
2. Agency shall provide a current dog license
database to PAAS for collection of dog license fees upon release
from impoundment.
d.Associated Administrative and Reporting
Services
i.PAAS shall provide owners of lost pets with
information about impounded animals in accordance with State
law.
2.PAAS will maintain records for domestic
animals from Agency’s jurisdiction that have been received at
the shelter and shall provide Agency with monthly reports
describing animals received and their disposition.
e. General Standards of Operation
i. All fees shall be at the rates established
by the Palo Alto City Council
2. The Palo Alto City Veterinarian shall
oversee all animal health, hygiene and nutritional needs at
PAA$.
3. PAAS will provide for the emergency
treatment for all domestic animals under its care, either at the
PAAS or through another veterinary facility with which it
contracts.
031125 cl 0044348 3
4. The adoptability of animals as well as the
approval or denial of potential adopters remains the sole
responsibility of PAAS.
5. No animals, dead or alive, shall
knowingly released or sold for any type of experimentation.
be
6. Humane box traps, for the capture of feral
~ats, shall be available for rental at PAAS to residents of
Agency, at rates set by Palo Alto. The rental cost and return
of the trap shall be the responsibility of the resident.
7. Employees of the PAAS are employees of Pa!o
Alto, which shall have sole authority over all terms and
conditions of their employment.In the event that Palo Alto
proposes to add to or subtract from the number of employees
providing the Services hereunder,Palo Alto will consult with
the Animal Services Task Force prior to taking such action;
provided, that any such decision shall be the sole discretion of
Palo Alto.
The Services will be provided in accordance with this
agreement and the provisions of Agency’s ordinances, insofar as
they have been made known to PAAS by Agency, and in compliance
with all related applicable laws of the State of California.
Agency has provided and PAAS acknowledges that it has received
copies of all Agency ordinances applicable to the performance of
the Services. Agency agrees that it will keep PAAS informed of
any changes or additions to Agency’s ordinances that might
affect PAAS’ responsibilities or performance under this
agreement.
3.2 Agency Obligations.
a. Agency hereby designates Palo Alto to perform, on
behalf of Agency, all duties that Palo Alto has agreed to
perform in Section 3.1 of this Agreement.
b. Agency hereby agrees that PAAS employees may
legally enforce those sections of Agency’s Municipal Code, as
they deem necessary to complete their performance of the
Services.
c. Agency hereby gives PAAS access to Agency’s dog
licensing database for the collection of fees upon release from
impoundment.
d. Agency shall be solely responsible for the
prosecution of criminal actions within its jurisdiction;
031125 cl 0044348 4
provided, however, that Palo Alto employees will assist Agency
as needed.
e. Agency shall be solely responsible for arranging
and conducting hearings under its Dangerous Animal Ordinances,
including the collection of costs, and the defense of any appea!
or litigation of whatever nature, based thereon; provided,
however, that Palo Alto employees will assist Agency as needed,
inclusive of, but not limited to, expert testimony at hearings.
f. Agency agrees to adopt and enforce Palo Alto’s
animal related fee schedule within its jurisdiction, with the
exception of dog licensing fees.
3.3 Advisory Committee
The parties hereto agree to participate in the Animal
Services Task Force (ASTF). The ASTF shall meet on a quarterly
basis and will consist of a representative appointed by Agency
and the Superintendent and Supervisor of PAAS, as well as a
representative of each party that contracts with Palo Alto for
animal services. The purpose and role of the ASTF shall be to
set operational standards for providing the Services and to make
recommendations to the parties to this and other animal services
agreements. The duties and responsibilities of the ATSF are
described in Exhibit "A", attached hereto and incorporated
herein by reference.The members of the ASTF may agree to
change such duties and responsibilities from time to time, in a
manner consistent with the purpose and role of the ASTF as
described above.
SECTION 4. Expansion Project
4.1 The parties agree that the capacity of the PAAS
is not currently sufficient to provide the Services. Palo Alto
has prepared preliminary plans for a construction project
(~Expansion Project"), which would remodel the PAAS facility and
expand it by 2,000 square feet, plus an additional 2,500 square
feet of kennel space; upgrade the HVAC system, roof and
electrical; and add ADA upgrades. A description of the
Expansion Project, including the estimated costs thereof, is
attached as Exhibit "B", and incorporated herein by reference.
4.2 The Expansion Project will require both Palo Alto
and Bay Conservation and Development Commission approvals prior
to commencement of construction. The Expansion Project is
currently projected for completion in mid-2005.
4.3 The Expansion Project is a public project of Palo
Alto, which shall be solely responsible for its execution and
031125 cl 0044348 5
administration. Agency will have the reasonable opportunity to
review and comment on the construction plans and drawings and
the estimated costs thereof; however, except as provided in
Section 5.1, Palo Alto shall make all final decisions respecting
the Expansion Project.
SECTION 5. Compensation
5.1 The Expansion Project
a. With the understanding that Palo Alto’s ability
to provide the Services is dependent on the Expansion Project,
Agency agrees that it will provide a portion of the funding for
the Expansion Project. The parties acknowledge that other public
agencies, which contract with Palo Alto for provision of animal
services, will also share in the cost of the Expansion Project.
The relative share of each participating public agency,
including Agency and Palo Alto, is set forth in Exhibit ~B".
b. On or before January i, 2004, Agency shall pay
Palo Alto, as its initial share of the Expansion Project costs,
the amount of $220,000, as Agency’s share of the estimated costs
of planning, evaluation and design.
c. On or before August i, 2004, Agency shall pay
Palo Alto the amount of $880,000, as Agency’s share of the
estimated costs of construction and furnishings of the Expansion
Project.
d. When the final engineer’s estimated cost for the
Expansion Project has been completed by or for Palo Alto, a copy
shall be given to Agency and the other contramting agencies.
i. If the final estimated cost is higher (but less
than 20% higher) than the preliminary estimate shown in Exhibit
"B", which is the amount upon which the respective payment
obligations of all the contracting agencies, including Agency,
have been calculated, Agency shall pay to Palo Alto an amount
equal to 60% of the total increase between the preliminary and
estimated cost for the Expansion Project. This amount shall be
due and payable to Palo Alto within 30 days of Agency’s receipt
of the final estimated cost.
2. If the final estimated cost is 20% or more in
excess of the preliminary estimate shown in Exhibit "B", Palo
Alto, Agency, and the other contracting agencies shall meet to
agree upon whether and in what manner to proceed. If, after 25
days, a course of action is not agreed upon, this agreement
shall be deemed to be terminated by mutual consent pursuant to
Section 2.
031125 cl 0044348
3. If bids are received for the Expansion Project,
and the bids indicate a cost that is less than 20% higher than
the preliminary estimate shown in Exhibit "B", Agency shall pay
to Palo Alto an amount equal to 60% of the total increase
between the preliminary estimate and the bid amount, less any
amount Agency has paid to Palo Alto pursuant to subparagraph 1
of this paragraph f. This amount shall be due and payable to
Palo Alto within i0 days from the bid opening.
4. If the bids indicate a cost that is more than 20%
higher than the preliminary estimate shown in Exhibit ~B", or
that is higher than the amount that the parties agreed to pay
pursuant to subparagraph 2 of this paragraph f, then Palo Alto,
Agency, and the other contracting agencies shal! meet to agree
upon whether and in what manner to proceed. If, after 25 days,
a course of action is not agreed upon, this agreement shall be
deemed to be terminated by mutual consent pursuant to Section 2.
e. Palo Alto shall hold any apparent excess payments
by Agency until after completion of construction and all work
incidental thereto, including resolution of all claims, at which
time, Palo Alto shall provide a final accounting of costs to
Agency and shall return any overpayment to Agency.
f. The total obligation of Agency does not include
costs of claims related to the construction contract, the costs
of defense of those claims, and the costs of any unforeseen
conditions not otherwise described in this agreement.
Additional costs and responsibilities for any required actions
that exceed the budgeted costs of the Expansion Project, except
as otherwise agreed to in accordance with this Section 5.1 shall
be covered by amendment to this agreement. Palo Alto may be
required to stop work on the Expansion Project until additional
funding is secured and/or cause the PAAS to be restored to a
safe operating condition, using any then unexpended funds, if
those additional funds are not made available for completion of
the Expansion Project.
g. Agency understands and agrees that, although some
parts of the Expansion Project may have been constructed by Palo
Alto with or without this agreement, the scope and timing of the
Expansion Project are being undertaken for the purpose of this
agreement. Therefore, Agency agrees that the total of all
amounts owing by Agency to Palo Alto pursuant to this section
5.1 shall be payable to Palo Alto in the event of early
termination of this agreement; provided that if the agreement is
terminated pursuant to subparagraph 2 of paragraph d, then the
total amount owing by Agency to Palo Alto shall be the amount
set forth in paragraph b of this section 5.1. And provided
further, that if the agreement is terminated pursuant to Section
031125 cl 0044348 7
5.1, subparagraph 4, of paragraph 4 then the total amount owing
by Agency to Palo Alto shall be the amount set forth in
paragraph b plus any additional amount that Agency is obligated
to pay to Palo Alto for final design and engineering costs
pursuant to subparagraph 1 of paragraph d of this Section 5.1.
h. If Palo Alto terminates this agreement within
seven years of completion of this expansion project, Agency will
be compensated for their portion of the paid construction costs,
at the following rate:
Year One -75%
Year Two -65%
Year Three -55%
Year Four -45%
Year Five -35%
Year Six -25%
Year Seven -15%
i. Agency acknowledges that funds paid towards the
Expansion Project do not entitle Agency to any ownership rights
in the building or the improvements thereto.
5.2 The Services
The purpose of this section is to equitably allocate
the actua! costs of providing animal services to Agency in
proportion to PAAS’ total costs for those services.
a. Agency agrees to pay Palo Alto, on or before
October 30, 2005, or whatever later date the parties agree as
the commencement date of the Service Term, an amount that PAAS
has estimated to be one quarter ¼ of its yearly cost of
providing the Services to Agency. Thereafter, Agency shall pay
Palo Alto in equal quarterly payments an amount based on the
previous years’ actual costs calculated at the beginning of each
fiscal year, becoming due and payable on or before October 30,
January 30, April 30, and July 30 of each year of the Service
Term, beginning with October 30 of the first year of the Service
Term
b. At the end of each quarter of the Service Term,
Palo Alto shall pay to Agency any fees it has collected from
individual citizens of Agency in accordance with Section 3 of
this Agreement, for the following services provided for animals
originating within Agency’s jurisdiction: dog licenses,
impoundment fees, and board fees. Payment shall be by check
from Palo Alto and shall not offset or be deducted from the
quarterly payments owing by Agency to Palo Alto.
031125 cl 0044348 8
c. At the close of each fiscal year, (June 30), of
the contract, Agency’s actual payment will be adjusted to
reflect the Agency’s percent of the total actual Animal Contro!
Program costs incurred by Palo Alto. The percentage shall be
calculated based on the actual animals handled by Palo Alto for
Agency compared to the actual fiscal year program costs. Animal
Control Program costs are comprised of the operational areas as
presented in Exhibit "C" (Refer to Section 5.3, Staffing
Costs, for additional fiscal responsibilities of Agency.
d. Any amount in excess of or less than Agency’s
percentage, of the actual animal control program costs will be
returned to or billed to Agency by October 1 of each year during
the Service Term. Agency shall pay the amount of any deficit
within 30 days of Agency’s receipt of the bill.
All payment shall be sent to:
Superintendent of Animal Services
3281 East Bayshore Road
Palo Alto, CA 94303
f. Any payments not received on or before the date
when payment is due shall accrue interest beginning the date
when payment is due and the date payment is received and will be
billed at the prevailing rate of return earned by Palo Alto’s
investments during that period.
g. In the event of early termination of this
Agreement during the Service Term, in accordance with Section 2
of the Agreement, Palo Alto will bill Agency and Agency shall
pay to Palo Alto a pro rated amount of the quarterly payment
based on the percentage of the quarter that has elapsed as of
the effective date of termination.
h. For any animal(s) originating within Agency’s
jurisdiction that are required to be housed at PAAS over ninety
(90) calendar days, Agency will be assessed and shall pay a
daily charge equal to the then current board fee as set forth in
the Palo Alto Municipal Fee Schedule, plus the cost of any
medical expenses necessary to care for the animal s), commencing
with the ninety-first (91) day of impoundment. Any amounts
owing by Agency under this paragraph h shall be mn addition to
the quarterly payments for care and housing for which Agency is
obligated pursuant to paragraphs a and c of this Section 5.2.
i. Agency shall be obligated to pay the cost of any
unforeseen changes in State requirements relating to the care
and housing of animals that Palo Alto is required to undertake
in providing the Services.
031125 cl 0044348 9
j. In the event that the parties consider making
future capital expenditures for shelter improvements during the
term of this agreement, this agreement may be amended to provide
therefor. It is anticipated that Agency shall pay its pro rata
share of costs for such improvements, provided that Agency is
given notice of the nature and estimated costs for such
improvements prior to Palo A!to’s commitment to such
improvements and Agency agrees to amend this agreement to
provide for cost sharing for the capital improvements.
k. PAAS shall provide Agency with an estimate of the
next years contract amount for budgeting purposes, by May !st of
each year.
5.3 Staffing Costs --In the first year of providing
services, Agency shall pay an amount equal to the cost of all
salary and benefits associated with the additional staffing
required to perform the services for Agency. Specifically, one
half-time (.5 fte) Veterinary Technician, one half-time (.5 fte)
Animal Services Specialist and a half time (.5) Animal
Attendant. For each subsequent year, the costs associated with
these positions will be spread among all the contracting
agencies including Palo Alto and Agency.
5.4 Host Fee -In addition to all other compensation
provided for by this agreement, Agency shall pay to Palo Alto
the amount of $30,000, due and payable upon the commencement
date of the Service Term, and thereafter pay on each and every
anniversary thereof an amount equal to $30,000 adjusted by the
increase or decrease in the San Francisco/Oakland/San Jose
Consumer Price Index.
SECTION 6. Indemnification and Hold Harmless
Agency acknowledges that it is required by law to
provide the Services, 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 defend,
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 unless those acts or omissions constitute intentional
or grossly negligent misconduct.
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
03~125d00~348 i0
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:Superintendent of Animal Services
3281 East Bayshore Road
Palo Alto, CA 94303
Agency:Sunnyvale Department of Public Safety
700 All America Way
P.O. Box 3707
Sunnyvale, CA 94088-3707
SECTION 8. Amendments
Amendments to this Agreement must be in writing and
approved by the governing body of Agency and Pa!o Alto. This is
the entire Agreement between the parties and supersedes any
prior written or ora! agreements between the parties relating to
the Services or to the Expansion Project.
SECTION 9. Miscellaneous
9.1 This Agreement shall be governed by and construed
in accordance with the laws of the State of California. Any
changes resulting in modifications to the Services 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.
9.2 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,
an occurrence of nature.
9.3 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.
9.4 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.
031125 cl 0044348 ii
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
Agreement in Palo Alto, County of Santa Clara, California, on
the date first above stated.
"PAL0 ALTO"
CITY OF PALO ALTO
,,AGENCYH
CITY OF SUNNYVALE
Mayor City Manager
ATTEST:ATTEST:
City Clerk
APPROVED AS TO FORM:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
City Attorney
Assistant City Manager
Police Chief
Director of Administrative
Services
EXHIBITS:
Exhibit "A" -Animal Services Task Force Responsibilities
Exhibit "B" -Animal Shelter Expansion Breakdown of
Project Costs by City
Exhibit "C" -Definitions of Operational Areas
031125 cl 0044348 12
Exhibit ~A"
The responsibilities of the Anima! Services Task Force (ASTF)
shall include, but not be limited to:
Review the existing animal control ordinances of the
agencies represented on the ASTF and make recommendations
for appropriate changes.
o Review changes in State requirements relating to the care
and housing of animals.
3.Periodically review the animal-licensing program.
4.Review complaints regarding Palo Alto’s Services.
Review fees, revenues and expenditures relating to Palo
A!to’s Services.
o
Periodically review the cost sharing formulas for the
agencies represented on the ASTF; consider fiscal
implications for other agencies if one agency terminates
its participation.
Review and discuss proposed additions or deletions to the
number of PAAS staff; provided, however, that final
decisions on any Palo Alto personnel matter shall be at
the sole discretion of Palo Alto.
o Review the Final Engineer’s Estimate relating to costs of
the Expansion Project and make recommendations on how to
proceed, if appropriate under the agreement.
Review low bid(s) for Expansion Project and make
recommendations on how to proceed, if appropriate under
the agreement.
i0. Review future PAAS capital improvements.
031125 cl 0044348 13
Exhibit "B"
Expansion Pro,iect
This project will provide a 2,000 foot expansion of the Animal Shelter to increase administrative
space, cat rooms, veterinary receivin~treatment area, spay/neuter clinic, storage areas and a
small animal room. A new separate 2,500 square foot dog kennel building will also be added. In
addition, the HVAC system will be renovated or replaced, electrical service panels will be
up~aded and ADA requirements will be met. If necessary, the structure will be seismically
evaluated and structural work done. Other renovations include flooring, painting, and roofing.
DESCRIPTION/SPACE
New vet exam room
New administration
New lobby
New cat room #1
New cat room #2
New small animal room
Subtotal interior space.,
New dog kennels
New large animal housing
Shift parking lot
New landscape
New site work & utility service
Renovations to existing bldgs
Allowance for seismic upgrades
Fixtures, furniture & equipment
Escalation (5%)
TOTAL
ROUNDED OFF
Note:
%’s of total project
LOS
PALO MT.LOS ALTOS
ALTO SUNNYVALE VIEW ALTOS HILLS
$177,125
$19,006 $78,260 $8,944 $3,354 $2,236
$17,680 $72,800 $8,320 $3,120 $2,080
$67,600
$83,200
$19 338 $79 625 $9100 $3,413 $2,27~~
$56,024 $558,610 $26,364 $9,887 $6,591
$231,680
$7,680
$36,000
$30,000
$100,000
$160,000
$224,000 $108,000 $44,000 $24,00C
$8,500 $35,000 $4,000 $1,500 $1,00C
$10,317 $42,483 $4,855 $1,821 $1,214
$481,783 $1,093,526 $150,380 $60,068 $34,445
$480,000 $1,100,000 $150,000 $60,000 $35,00C
TOTAL
$177,125
$111,80C
$104,00C
$67,60C
$83,20C
$113,75C
$657,475
$391,680
$7,680
$36,000
$30,000
$100,000
$400,000
$50,000
$60,690
$1,820,201
$1,825,000
27 60 8 3 2 100
031125 cl 0044348
EXHIBIT "C"
DEFINITIONS OF OPERATIONAL A~AS - SUNNYVALE
In an effort to clarify the functions included in the breakdown of fiscal areas, the following is
offered. It should be noted that other duties and responsibilities may be inserted in any of the
outlined areas as is deemed necessary.
Animal Administration (70070001)
Meetings
Fiscal duties and responsibilities
Equipment maintenance
Facility maintenance
Time card preparation
Personnel issues and supervision
Disaster Preparedness
Volunteer Program
Recruitment
Placement and training of volunteers
Recognition and event planning
Evaluation of volunteers
Scheduling of volunteers
Development of and implementation of programs
Disciplinary actions, termination, and associated procedures.
Risk Management
Mandatory/nonmandatory training
Hiring and retention
Pet Recovery/Adoption Services (70070002)
Microchip implanting
Adoption counseling
Pet Introduction
Animal redemption
Animal receiving (office), screening
Lost and found animal reports
Pet supplies - selling and ordering
Behavioral questions
Pet Identification and licensing
Dead animal disposal- including private cremation/burial
Pet of the week promotion
031125 cl 0044348 ]_ ~
Outreach activities
Public education on animal related topics
Animal Care (70070003)
Kennel and cage cleaning
Feeding of animals
Health examinations
Evaluation and euthanasia
Medical evaluation - emergency assessment
Emergency treatment during operation hours
Referral of wildlife care to Wildlife Rescue
Pet food/kennel supply pick up
Daily assessment of each animal
In-house spay/neuter and vaccinations
Post and Pre surgical questions
Temperament evaluations
Department Administration (70010001)
Associated police administration
Department-wide impacts
Overall fiscal meetings
Department Liability Insurance
Cost Plan (Services provided by the following Departments)
Administrative Services
City Attorney
City Auditor
City Clerk
City Council
Human Resources
City Manager
Public Works Facilities and Maintenance
Cu 7/9/03
031125 cl 0044348