HomeMy WebLinkAbout2000-09-18 City Council (25)TO:
City of Palo Alto
C ty Manager’s
HONORABLE CITY COUNCIL
Report
FROM:
DATE:
SUBJECT:
CITY MANAGER DEPARTMENT: POLICE
SEPTEMBER 18, 2000 CMR:370:00
RENEWAL OF ANIMAL CONTROL AND SHELTERING
SERVICES AGREEMENT WITH THE TOWN OF LOS ALTOS
HILLS, AND THE CITIES OF LOS ALTOS AND MOUNTAIN
VIEW FOR THREE YEARS
RECOMMENDATIONS
This report requests that the Council authorize the City Manager to execute the attached
agreements with the Town of Los Altos Hills, and the Cities of Los Altos and Mountain View
to continue providing contracted animal control and sheltering services for three years.
BACKGROUND
In August 1993, the cities of Mountain View, Los Altos and Los Altos Hills contracted with the
City of Palo Alto for animal control and sheltering services. Staff developed proposals to
provide state-mandated and essential services and projected the service levels to ensure that
there would not be adverse affects on animal control service to the residents of Palo Alto.
Between 1994 and 1997, the agreements have been renewed each year. A three-year agreement
was approved in 1997 and was scheduled to expire on June 30, 2000. Due to changesin the
agreement language resulting from recent State legislation associated with holding periods,
veterinary care and spay and neutering, additional time was needed to negotiate a new multi-
year contract. Council therefore approved a three-month extension on June 26, 2000.
DISCUSSION
Cities in Santa Clara County have limited animal control options because the Santa Clara Valley
Humane Society has decided not to renew its animal control contracts with the nine cities to
which it currently provides animal control services. The Cities of San Jose and Cupertino are
joining together to build a new animal shelter in San Jose. The remaining cities in the County
CMR:370:00 Page 1 of 3
are forming a joint powers agreement and are in the process of determining what shelter facility
arrangements they will make. The cities of Los Altos, Los Altos Hills and Mountain View have
expressed a desire to continuewith a contractual arrangement with Palo Alto. Consequently,
new agreements have been developed between the City of Palo Alto and these three cities
(Attachments A, B and C).
At the time the agreements with these cities were initiated, staff indicated that it would take
several years to determine actual costs and to refine the cost calculation methodology. As a
result, costs to the City of Mountain View have increased over time in order to achieve full cost
recovery.
The current extensions to the contracts expire on September 30, 2000. The Los Altos City
Council is expected to approve the new agreement at its September 19, 2000 meeting. Mountain
View is bringing the contract for Council approval on September 26, 2000. Los Altos Hills
Council has already approved its agreement.
RESOURCE IMPACT
Animal control services are proved to Los Altos, Los Altos Hills and Mountain View on a cost
recovery basis. Animal control costs, include salary and benefits, equipment and utility costs
and overhead; these costs are pro-rated for each contracted city based on the projected number
of animals handled and the amount of time provided by Animal Control Officers. At the end
of each fiscal year, actual numbers of animals handled will be provided to each city and an
adjustment made to the charges so that they cover the City of Palo Alto’s actual costs. Total
costs to provide animal control services to Los Altos Hills for the remaining nine months of
2000-01 are projected to be $41,453, Los Altos costs are projected to be $83,571, and Mountain
View costs are projected to be $212,292.
Revenue in the Police Department will be increased at mid-year 2000-01 by approximately
$120,000 to reflect the new contract.
POLICY IMPLICATIONS
This agreement does not represent any change to existing policy.
CMR:370:00 Page 2 of 3
ENVIRONMENTAL ASSESSMENT
This is not a project under the California Environmental Quality Act.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Agreement with the Town of Los Altos
Agreement with the City of Mountain View
Agreement with the City of Los Altos
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
Sandra Stadler, Superintendent Animal Services
Emily~arriso’n, Assistant Ci"~ Manager
CMR:370:00 Page 3 of 3
AGREEMENT FOR A~IMAL CONTROL AND SHELTERING SERVICES
BETWEEN THE CITY OF PALO ALTO AND
THE CITY OF LOS ALTOS HILLS
This Agreement for Animal Control and Sheltering
.Services is made this day of September, 2000, by and between
the City of Palo Alto ("Palo Alto") and the City of Los Altos
Hills ("Agency").
RECITALS
WHEREAS, animal control and sheltering services
specifically those associated with dogs running at large and
with rabies prevention, are required by. State Law_to_ be provided_
by the incorporated cities; and
WHEREAS, Palo Alto has an established animal control
and shelter operation; and
WHEREAS, Agency has no current facilities or ability
to provide those required animal services, and has requested
that Palo Alto provide animal control and sheltering.services
within the jurisdiction of Agency, and for the citizens of
Agency; and
WHEREAS, Palo Alto has the capacity to provide such
services to Agency as are hereinafter described, and is willing
to do so;
NOW, THEREFORE, in consideration of the
covenants, terms, and conditions, the parties agree:
following
SECTION I.Term.
The term of this Agreement shall be for thirty-three
(33) months commencing on October i, 2000, and shall terminate
on June 30, 2003.
SECTION 2.Termination by Either Party.
Any party may terminate this agreement at any time,
with or without cause, by providing one hundred eighty (180)
days written notice of intent to terminate. In any event of
termination under this paragraph, Palo Alto shall be paid for
all services performed until such termination.
00081~ cl 0044068
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SECTION 3.Sco~e of Services.
Palo Alto shall perform those services set forth in
Exhibit "A", entitled "Scope of Services", attached hereto and
incorporated herein by reference.
SECTION 4.Agency’s Obliqations.
4.1 Agency hereby designates Palo Alto to perform, on
behalf of Agency, all the duties that Palo Alto has agreed to
perform in Section 3.
4.2 Agency .hereby agrees that Palo Alto’s designated
animal control employees may legally enforce those sections of
Agency’s municipal code that they have agreed to enforce in
Section 3.
4.3 Agency acknowledges and agrees that it shall
provide any legal services deemed necessary (in Agency’s
discretion) to prosecute crimina! actions commenced by Palo
Alto’s animal control employees resulting from Palo Alto’s
performance of services for Agency as described in Section 3.
4.4 Agency shall implement its own locally enacted
provisions for administrative remedies with respect to
impoundment, nuisance abatement of dangerous animals and other
similar circumstances; provided, however, that Palo Alto will
cooperate with and assist Agency, as set forth in Section 3.
4.5 Agency agrees to adopt a fee schedule for animal
services which is compatible to the fees for services
established by Palo Alto, which fees shall be subject to annual
review and revision to the extent mutually agreed upon.
SECTION 5.Compensation.
5.1 Agency agrees to pay Palo ~Alto, in three equal
quarterly payments due and payable on or before October I, 2000,
January i, 2001, and April I, 2001, the following estimated
amount for the first contract year: $41,454.
5.2 Agency agrees to pay Palo Alto, in four equal
quarterly payments due and payable on or before July I, 2001,
October I, 2001, January i, 2002, and April I, 2002, an
estimated amount for the second contract year equivalent to
Agency’s projected share computed on the basis of Palo Alto’s FY
2001/2002 budget for animal services.
000815 ~I 0044068
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5.3 Agency agrees to pay Palo Alto, in four equal
quarterly payments due and payable on or before July i, 2002,
October i, 2002, January I, 2003, and April i, 2003, an
estimated amount for the third contract year equivalent to
Agency’s projected share computed on the basis of Palo Alto’s FY
2002/2003 budget for animal services.
5.4 At the end of each contract year (June 30),
Agency’s actual payment will be adjusted to reflect the Agency’s
percent of the total Animal Control program costs incurred by
Palo Alto in performing its own Animal Control program ~as well
as in performing the Animal Control program for Agency and all
other local government agencies serviced by Palo Alto,
calculated as the percentage of animals handled by Palo Alto for
Agency compared to the actual fiscal year program costs for the
total animals handled by Palo Alto for its own Animal Control
program as well as the Animal Control program for Agency and all
other local government agencies serviced by Palo Alto. Animal
Control program costs are comprised of the operational areas as
presented in Exhibit "B".
5.5 Any variance, either deficit or surplus, will be
returned to or billed to Agency by July 31 of.2001, 2002, 2003.
Agency is responsible for paying any deficit within thirty (30)
days.
5.6 Palo 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 designated above.Payments shall
be sent to:
SuPerintendent of Animal Services
3281 East Bayshore Road
Palo Alto, CA 94303
Any payments 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 Alto’s investments during that period.
5.7 In the event of early termination of this
agreement, in accordance with Section 2, Palo Alto shall bill
Agency a prorata amount of the quarterly payment that covers the
quarter during which such termination is effective.
5.8 For any animal(s) required to be housed at the
shelter by Agency over ninety (90) calendar days, Agency will be
assessed a daily charge of $I0.00 per animal plus any medical
000815 cl 0044068
expenses necessary to care’ for the animal(s),
first day of impoundment.
commencing the
5.9 Palo Alto anticipates future major capital
expenditures for shelter improvements to increase its capability
for separately housing vicious, aggressive, quarantined and
police custody dogs during the term of this agreement. Agency
shall pay its prorata share of the costs of such improvements,
provided that Agency is given 180 day notice of the nature and
estimated costs for such improvements prior to Palo Alto’s
commitment to such improvements.
5.10 Agency’s share of the costs for such improvements
shall be calculated by applying Agency’s percentage share of the
total Animal Control program costs incurred by Palo Alto in
performing its own Animal Control program as well as in
performing the Animal Control program for Agency and all other
local government agencies serviced by Palo Alto, as adjusted for
the fiscal year immediately preceding that in which the
improvements will be performed. Agency shall pay its share of
the costs for such improvements within thirty days following
billing by Palo Alto for the final actual costs incurred by Palo
Alto in completing the improvements, and any late payment
therefor shall bear interest as provided for operating costs.
5.11 Any unforeseen changes in State requirements
relating to the care and housing of animals shall be the fiscal
responsibility of Agency once implemented by Palo Alto.
5.12 Any funding requests for State or Federal
reimbursement shall remain the responsibility of the Agency.
5.13 At the end of each quarter, Palo Alto shall pay
to Agency any feesit has collected from individual citizens in
accordance with Section 3, for the following services provided
for animals originating within Agency’s jurisdiction: dog (but
not cat) 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.
SECTION 6.Indemnification and Hold Harmless.
6.1 Agency acknowledges that it is required by law to
provide some of the services set forth in Section 3, and that
its citizenry desires provision of all services set forth in
Section 3, but 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
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000815 cl 0044068
harmless Palo Alto, its officers, employees, and agents from any
and 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.
SECTION 7.Notices.
.7.1 All notices shall be submitted, in writing, and
sent by the United States mail, certified and postage prepaid,
by private express delivery service, by facsimile transmission
followed by delivery of hard copy, or by any other process
mutually acceptable to the parties to the addresses stated below
or to any other address noticed in writing.
PALO ALTO:Superintendent of Animal Services
3281 East Bayshore Road
Palo Alto, CA 94303
AGENCY:Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
SECTION 8.Miscellaneous.
8~i This Agreement shall be governed by and construed
in accordance with the laws of the state of California. Any
changes resulting in program modifications shall be provided in
writing by Palo Alto to Agency as soon as Legislative bodies
enact any new or modified regulations.
8.2 This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of
which together shall constitute one and the same instrument.
8.3 Palo Alto shall not be deemed in default on
account of any delay or failure to perform any obligations in
accordance with Agency laws, the laws of the State of
California, the Palo Alto Municipal Code, and the terms of this
Agreement, which directly results from an Act of God, including,
without limitation, the act of a superior legal authority or an
occurrence of nature.
8.4 The headings are not a part of this Agreement and
shall have no effect upon the construction or interpretation of
any part of this Agreement.
8.5 This Agreement constitutes the entire agreement
between the parties concerning its subject matter, and there are
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00081~ c{ 0044068
no other oral or written agreements~ between the parties not
incorporated in this Agreement.
8.6 This Agreement shall not be modified, unless the
parties first agree to and approve of such modificationin
writing through a duly authorized amendment.
8.7 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.
8.8 The prevailing party in any action brought to
enforce the terms of this agreement may recover from the other
party its reasonable costs and attorneys’ fees expended in
connection with such an action.
IN WITNESS WHEREOF, the parties have executed this
Agreement in Palo Alto, County of Santa Clara, ~California, on
the date first above stated.
~PALO ALTO""AGENCY"
CITY OF PALO ALTO City of Los Altos Hills
Mayor Mayor
ATTEST:ATTEST:
City Clerk City Clerk
APPROVED AS TO FORM:APPROVED AS TO FORM:
Senior Asst. City Attorney City Attorney
APPROVED:
Assistant City Manager
Police Chief
Director of
Administrative Services
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000815 cl 0044068
E~HIBIT ~A"
SCOPE OF SERVICES
Palo Alto shall provide animal control and sheltering
services to Agency, as hereinafter set forth. The services to
be provided are described as Animal Control Services, which are
State mandated services, and Animal Care (sheltering) Services.
I. Animal Control Services. Palo Alto shall provide
Animal Control services .to cover the entire incorporated
jurisdiction of Agency, as follows:
a. Palo Alto shall schedule an Animal Control
Officer to provide field coverage, on a "request for service"
basis, seven days per week, between the hours of 8:30 a.m. and
5:00 p.m. After hours services shall be provided by one on-call
officer, who will service Agency’s entire service area.
bo Palo Alto shall investigate all animal bite
incidents according to section 1920 of the California Health and
Safety Code. An Animal Control Officer shall respond to the
scene of the bite incident in progress, attempt to capture the
biting anima! (if it is running at large), impound and determine
the proper location where the animal shall be held for rabies
observation (quarantine). The officer shall contact the victim
to investigate the circumstances of the bite and shall contact
the animal’s owner, if known, to determine whether the animal is
vaccinated against rabies or licensed. At the conclusion of the
quarantine, both the animal’s owner and victim shall be notified
by the officer. If Agency’s local laws ~equire or provide for
an administrative hearing in connection with impoundment,
dangerous animals, or other circumstances, the Animal Control
Officer will act as a witness and otherwise cooperate with
Agency in carrying out its administrative obligations under its
own laws.
c. Palo Alto shall provide for the control of
rabies through quarantine and testing of animals suspected of
rabies, in a manner consistent with provisions of the California
Health and Safety Code. If an animal becomes sick or dies
during quarantine, the Animal Control Officer shall euthanize
the animal if not dead, and shall decapitate the animal and
transport the head to the Santa Clara County Health Department
for rabies testing. The pet owner and victim shall be promptly
notified of any animal that becomes sick or dies during the
quarantine period. Palo Alto shall be responsible for filing an
Annual Report of Local Rabies Control Activities and Statement
000815 ~1 0044064a 1
of Enforcement with the Caiifornia State Department of Health
Services.
d. Palo Alto shall provide the residents of
Agency a dog license program and rabies vaccination clinic.
Components of the dog license program shall include:
i.Availability of dog licenses
either in person at the Animal Services Center, by mail, or by
phone or fax.
ii. Licenses received by mail shall be
processed within five working days of receipt by Palo Alto.
iii.Dog owners may choose licenses
with varying effective terms, from six months to three years,
dependent upon the rabies vaccination expiration.
iv.Renewal reminder notices shall be
mailed prior to the expiration of the license and again on the
deadline of the license, if not previously renewed.
v.Palo Alto shall provide an
"actual" cost rabies Vaccination clinic. Palo Alto shall report
annually to the State of California Department of Health
Services the number of "actual cost" public vaccination clinics
provided and the number of animals vaccinated and licensed at
the clinic. The cost of "actual cost" rabies vaccinations shall
be dictated by the State of California.
vi.Palo Alto shall provide owners of
lost pets with information about animals impounded by it in
accordance with’ section 32001 of the California Food ~nd
Agriculture Code. Palo Alto shall maintain records on public
display at the Animal Services Center of all animals impounded,
including those animals dead on arrival.
vii. Upon receiving a call for services,
an Animal Control Officer shall respond to the scene of any sick
or injured domestic animal and transport the animal to medical
attention either at the shelter or to one of the contracted
veterinarians, for care and treatment.
viii. Palo Alto shall pick up dead
domestic and wild animals from public property or streets.
ix.Contained, stray animals will be
picked up between the hours of 7:30 a.m. and 5:00 p.m. by Palo
Alto Animal Control Officers.
000815 c! 0044064a 2
x.Upon receiving a call for service,
Palo Alto shall attempt to relocate wild animals which are known
to present a hazard to human safety.
2. Animal Care Services. Palo Alto agrees to accept
and house animals received from residents of Agency, as well as
those animals picked up by its Animal Control Officers within
Agency’s jurisdiction, at its Animal Services and Placement
Center ("Center"). Palo Alto agrees to receive and care for
animals under the following terms and conditions:
by Palo Alto.
All’ fees shall be at the rates established
b. Palo Alto shall maintain records of animals
impounded including a description of each animal, date of
receipt, date and manner of disposal, treatment received, the
name and address of the~person, who is redeeming or adopting an
animal, and the fees, charges and proceeds of adoption or
redemption. All inoculations shall be recorded and be a part of
said record.
c. In accordance with State law, Palo Alto
shall provide or arrange to have treatment provided to injured
and sick animals. Any animals exhibiting symptoms of disease
shall be isolated by Palo Alto staff in an isolation ward and
treated by either the Palo Alto City Veterinarian or a
veterinarian under contract with the City of Palo Alto.
d. Palo Alto shall provide shelter services
including receiving and impounding animals, housing, redemption,
treatment, adoption, euthanasia and/0r disposa! of animals.
e. The Palo Alto City Veterinarian shall
provide supervision of Agency’s. animal health, hygiene and
nutrition programs to ensure the well-being of all sheltered
animals. All animals shall be fed an adequate and balanced meal
once a day.
f. Palo Alto shall provide a veterinary medical
facility in Palo Alto where injured domestic animals can be
delivered for emergency treatment 24 hours each day.
g. Palo Alto shall provide secure and isolated
kennels and cages for animals suspected of having rabies.
h. In accordance with State law, Palo Alto
shall hold stray domestic animals for a "holding period" of five
(5) days, not including the day the animal is impounded or days
when the facility is closed to the public. Palo Alto staff
000815 ~1 0044064a 3
shall attempt to trace any ~dentification on any impounded stray’
animal in order to contact the pet’s owner.
i. At the conclusion of the stray holding
period, stray animals may either be placed up for adoption or
humanely euthanized at Palo Alto’s discretion. Palo Alto staff
shall keep clear and detailed records concerning every
euthanized animal including the reason for euthanasia. The
person who authorized the euthanasia any and the date the animal
was euthanized shall become permanent record.
j. Palo Alto shall provide for .the disposal of
all dead animals by rendering. Individual arrangements may be
made with the owner of pets for private or communal cremations
at cost to the owner.
k. Palo Alto Shall ask all prospective pet
adopters to complete a pre-adoption application to ensure that
the pet will be adequately cared for after adoption and will not
be allowed to become a public nuisance. Upon request Palo Alto
shall provide information on the disposition of all animals
delivered to the Center by residents or officers of Agency.
1. A statistical report shall be provided to
Agency each quarter, listing the number of animals received by
Palo Alto, how the animals were received (stray vs. surrender,
officer vs. citizen) and the disposition of these animals (dead
on arrival, adopted, returned to owner, euthanized, released).
The report shall be detailed by type of animal (dogs, cats and
other).
m.. No animals, whether dead or alive, handled
by Palo Alto shall be knowingly released .or sold for any type of
experimental purposes.
n. Humane box traps in assorted sizes shall be
made available for rent to residents of Agency for the capture
of cats. The traps shall be rented from and returned to the
Center in Palo Alto. The cost of this service shall be paid by
the resident.
o. Palo Alto shall provide information
responsible pet ownership, care, training and health.
on
p. Educational tours of the Center shall be
available free of charge to the public by appointment.
q. Palo Alto shall provide two published
telephone numbers to the public. One of these numbers shall~be
00081~ cl 0044064a 4
equipped with a "roll-over" line, designed to avoidbusy
signals.
3. Facilities.Animals cared for under this
agreement shall either be housed ~at the Center, 3281 East
Bayshore Road, Palo Alto, or at a veterinary facility contracted
by Palo Alto to care for injured or quarantined animals.
Livestock animals may be housed at a facility contracted for by
Palo Alto, which has suitable facilities for boarding livestock.
4. Personnel. Animal Control Officers are employees
of Palo Alto. Each full-time officer is a graduate of the
California State Humane Officer Academy. Officers shall receive
four hours of advanced enforcement and/or customer relations
training from Palo Alto each year.
Under this agreement, Animal Control Officers shall
respond to emergency services, and shall endeavor to arrive at
the scene within sixty (60) minutes. Palo Alto shal! provide
the necessary personnel to service Agency as set out in Section
1 of Exhibit ~A".
5. Equipment. Palo Alto shall provide its staff use
of an animal control vehicle, fully equipped with a mobile
radio, cages and safety equipment, designed for animal control
and transportation.
Each vehicle shall be clearly marked with the words
"ANIMAL CONTROL." The officers shall be equipped by the City of
Palo Alto with radios which can transmit to and from the home
base and Palo Alto Communications, as necessary for immediate
response to service requests and emergencies.
In addition to vehicles and radios, Palo Alto shall
provide the Animal Control Officers with essential safety
equipment.
000815 cl 0044064a 5
EXHIBIT "B’:
DEFINITIONS OF OPERA TIONAL AREAS
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
Meetings
Fiscal duties and responsibilities
Equipment maintenance
Facility maintenance
Telephones
Radios
Time card preparation
Personnel issues and supervision
Salaries and benefits of Animal Services Administration and
Related Police Department staff
Disaster Preparedness
Pet Recovery/Adoption Services
Microchip implanting
Adoption counseling
Pet Introduction
Animal redemption
Animal receiving (office), screening ,
Lost and found animal reports
Pet supplies - selling and ordering
Behavioral questions
Behavior evaluations
Pet Identification and licensing
Dead animal disposal- including private cremation/burial
Pet of the week promotion
Outreach activities
Animal Companion television program
Animal related web page update and monitoring
000815 cl 0044064
Animal Care
Dog run maintenance at P~L~S
Kennel and cage cleaning (twice daily)
Feeding of animals
Health examinations
Vaccination and medication administering of all shelter
animals as required.
Evaluation and euthanasia
Medical evaluation - emergency assessment
Clinic cage cleaning
Referral of wildlife care to Wildlife Rescue
Pet food/kennel supply pick up
Daily assessment of each animal
Animal Health and Welfare
Receiving and discharging animals for the spay/neuter
clinic.
Post and Pre surgical questions
Vaccination clinic
Quarantine of animals at the shelter and home
Feral cat trapping for spaying and neutering
Spay/neuter surgeries
Daily health care and assessment for shelter animals
Emergency treatment for injured animals during operating
hours.
Regional Animal Services
All animal related work performed in and for Los Altos, Los
Altos Hills, and Mountain View including:
Dog licenses
Informational calls
Animal bite reporting and investigation
Quarantines
Vicious animal control
Housing of protective custody animals
Housing of vicious animals pending cour~
Pick~up of confined strays
000815 ct 0044064
Volunteer Program
Recruitment
Placement and training of volunteers
Recognition and event planning
Evaluation of volunteers
Scheduling of volunteers
Development of and implementation of programs
Requests for Services - Paio Alto
Quarantines
Vicious animal control
Animal bite investigations
Dog licenses
Barking dog complaints
Nuisance animal wildlife abatement
General pa
Transport sick or injured stray animals including wildlife
Special pa trois
Clean vehicles
Disaster preparedness - including drills
Personnel Services
Maintain Personnel Files
Maintain Training Files
Disciplinary actions, termination, and associated
procedures.
Modified Duty Assignments
Affirmative Actions
Reimbursement and overall training
Risk Management
Mandatory/nonmandatory training
Hiring and retention
Department Administration
Associated police administration
Department-wide impacts
Overall fiscal meetings
000815 c! 0044064
3
AGREEMENT FOR ANIMAL CONTROL AND SHELTERING SERVICES
BETWEEN THE CITY OF PALO ALTO AND
THE CITY OF LOS ALTOS
This Agreement for Animal Control and Sheltering
Services is made this day of September, 2000, by and between
the City of Palo Alto ("Palo Alto") and the City of Los Altos
("Agency").
RECITALS
WHEREAS, animal control and sheltering services
specifically those as~ociated with dogs running at large and
with rabies prevention, are required by State Law to be provided
by the incorporated cities; and
WHEREAS, Palo Alto has an established animal control
and shelter operation; and
WHEREAS, Agency has no current facilities or ability
to provide ~those required animal services, and has requested
that PaSo Alto provide anima! control and sheltering services
within the jurisdiction of Agency, and for the citizens of
Agency; and
WHEREAS, Palo Alto has the capacity to provide such
services to Agency as are hereinafter described, and is willing
to do so;
NOW, THEREFORE, in consideration of. the
covenants, terms, and conditions, the parties agree:
following
SECTION’1.Term.
The term of {his Agreement shall be for thirty-three
(33) months commencing on October I, 2000, and shall terminate
on June 30, 2003.
SECTION 2.Termination by Either Party.
Any party may terminate this agreement at any time,
with or without cause, by providing one hundred eighty (180)
days written notice of intent to terminate. In any event of
termination under this paragraph, Palo Alto shall be paid for
all services performed until such termination.
000912 cl 0044067a
1
SECTION 3.Scope of Services.
Palo Alto shall perform those services set forth in
Exhibit "A", entitled "Scope of Services", attached hereto and
incorporated herein by reference.
SECTION 4.Agency’s Obligations.
4.1 Agency hereby designates Palo Alto to perform, on
behalf of Agency, all the duties that Palo Alto has agreed to
perform in Section 3.
4..2 Agency hereby agrees that Palo Alto’s designated
animal control employees may legally enforce those sections of
Agency’s municipal code that they have agreed to enforce in
Section 3.
4.3 Agency acknowledges and agrees that it shall
provide any legal services deemed necessary (in Agency’s
discretion) to prosecute criminal actions commenced by Palo
Alto’s animal contro! employees resulting from Palo Alto’s
performance of services for Agency as described in Section 3.
4.4 Agency shall implement its own locally enacted
provisions for administrative remedies with respect to
impoundment, nuisance abatement of dangerous animals and other
similar circumstances; provided, however, that Palo Alto will
cooperate with and assist Agency, as set forth in Section 3.
4.5 Agency agrees to adopt a fee schedule for animal
services which is compatible to the fees for services
established by Palo Alto, which fees shall be subject to annual
review and revision to the extent mutually agreed upon.
SECTION 5.~ompensation.
5.1 Agency agrees to pay Palo Alto, in three equal
quarterly payments due and payable on or before October i, 2000,
January I, 2001, and April I, 2001, the following estimated
amount for the first contract year: $83,571.
5.2 Agency agrees to pay Palo Alto, in four equal
quarterly payments due and payable on or before July i, 2001,
October I, 2001, January I, 2002, and April i, 2002, an
estimated amount for the second contract year equivalent to
Agency’s projected share computed on the basis of Palo Alto’s FY
2001/2002 budget for animal services.
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000912 ol 0044067a -
5.3 Agency agree~ to pay Palo Alto, in four equal
quarterly payments due and payable on or before July I, 2002,
October i, 2002, January I, 2003, and April i, 2003, an
estimated amount for the third contract year equivalent to
Agency’s projected share computed on the basis of Palo Alto’s FY
2002/2003 budget for animal services. Palo Alto agrees to
provide Agency with nex~ year’s estimated contract cost by March
2 of the preceding year.
5.4 At the end of each contract year (June 30),
Agency’s actual payment will be adjusted to reflect the Agency’s
percent of the total Animal Control program costs incurred by
Palo Alto in performing its own Animal Control program as well
as in performing the Animal Control program for Agency and all
other local government agencies serviced by Palo Alto,
calculated as the percentage of animals handled by Palo Alto for
Agency compared to the actual fiscal year program costs for the
total animals handled by Palo Alto for its own Animal Control
program as well as the Animal Control program for Agency and all
other local government agencies serviced by Palo Alto. Animal
Control program costs are comprised of the operational areas as
presented in Exhibit "B".
5.5 Any variance, either deficit or. surplus, will be
returned to or billed to Agency by July 31 of~ 2001, 2002, 2003.
Agency is responsible for paying any deficit within thirty(30)
days.
5.6 Palo 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 designated above.Payments shall
be sent to:
Superintendent of Animal Services
3281 East Bayshore Road
Palo Alto, CA 94303
Any payments 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 Alto’s investments during that period.
5.7 In the event of early termination of this
agreement, in accordance with Section 2, Palo Alto shall bill
Agency a prorata amount of the quarterly payment that covers the
quarter during which such termination is effective.
000912 cl 0044067a
3
5.8 For any animal(s) required to be housed at the
shelter by Agency over ninety (90) calendar days, Agency will be
assessed a daily charge of $i0.00 per animal plus any medical
expenses necessary -to care for the animal(s), commencing the
first day of impoundment.
5.9 Palo Alto anticipates future major capital
expenditures for shelter improvements to increase its capability
for separately housing vicious, aggressive, quarantined and
police custody dogs during the term of this agreement. Agency
shall pay its prorata share of the costs of such improvements,
provided that Agency is given 180 day notice of the nature and
estimated costs for such improvements prior to .Palo Alto’s
commitment to such improvements.
5.10 Agency’s share of the costs for such improvements
shall be calculated by applying Agency’s percentage share of the
total Animal Control program costs incurred by Palo Alto in
performing its own Animal Control program as well as in
performing the Animal Control program for Agency and all other
local government agencies serviced by Palo Alto, as adjusted for
the fiscal year immediately preceding that in which the
improvements will be perfQrmed. Agency shall pay its share of
the costs for such improvements within thirty days following
billing by Palo Alto for the final actual costs incurred by Palo
Alto in completing the improvements, and any late payment
therefor shall bear interest as provided for operating costs.
5.11 Any unforeseen changes in State requirements
relating to the care and housing of animals shall be the fiscal
responsibility of Agency once implemented by Palo Alto.
5.12 Any funding requests for State or Federal
reimbursement shall remain the responsibility of the Agency.
5.13 At the end of each quarter, Palo Alto shall pay
to Agency any fees it has collected from individual citizens in
accordance with Section 3, for the following services provided
for animals originating within Agency’s jurisdiction: dog (but
not cat) 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.
SECTION 6.Indemnification and Hold Harmless.
6.1 Agency acknowledges that it is }equired by law to
provide some of the services set forth in Section 3, and that
its citizenry desires provision of al! services set forth in
000912 c[ 0044067a
Section 3, but that it has 0no 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, employees, and agents from any
and 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.
SECTION 7.Notices.
7.1 All notices shall be submitted, in writing, and
sent by the United States mail, certified and postage prepaid,
by private express delivery service, by facsimile transmission
followed by delivery of hard copy, or by any other process
mutually acceptable to the parties to the addresses stated below
or to any other address noticed in writing.
PALO ALTO:Superintendent of Animal Services
3281 East Bayshore Road
Palo Alto, CA 94303
AGENCY:City of Los Altos
1 North San Antonio
Los Altos, CA 94022
SECTION 8.Miscellaneous.
8.1 This Agreement shall be governed by and construed
in accordance with the laws of the state of California. Any
changes resulting in program modifications shall be provided in
writing by Palo Alto to Agency as soon as Legislative bodies
enact any new or modified regulations.
8.2 This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of
which together shall constitute one and the same instrument.
8.3 Palo Alto shall not be deemed in default on
account of any delay or failure to perform any obligations in
accordance with Agency laws, the laws of the State of.
California, the Palo Alto Municipal Code, and the terms of this
Agreement, which directly results from an Act of God, including,
without limitation, the act of a superior legal authority or an
occurrence of nature.
8.4 The headings are not a part of this Agreement and
shall have no effect upon the construction or interpretation of
any part of this Agreement.
000912 ol 0044067a
5
8.5 This Agreement constitutes the entire agreement
between the parties concerning its subject matter, and there are
no other oral or written agreements between the parties not
incorporated in this Agreement.
8°6 This Agreement shall not be modified, unless the
parties first agree to and approve of such modification in
writing through a duly authorized amendment.
8.7 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.
8.8 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.
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000912 ol 0044067a
IN WITNESS WHEREOF, the parties have executed this
Agreement in Palo Alto, County of Santa Clara, California, on
the date first above stated.
"PALO ALTO"
CITY OF PALO ALTO
"AGENCY"
City of Los Altos
Mayor Mayor
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
000912 cl 0044067a
AGREEMENT FOR ANIMAL CONTROL AND SHELTERING SERVICES
BETWEEN THE CITY OF PALO ALTO AND
THE CITY OF MOUNTAIN VIEW
This Agreement for Animal Control and Sheltering
Services is made this day of September, 2000, by and between
the City of Palo Alto ("Palo Alto") and the City of Mountain
View (~’Agency").
RECITALS
WHEREAS, animal control and sheltering services
specifically those associated with dogs running at large and
with rabies prevention, are required by State Law to be provided
by the incorporated cities; and
WHEREAS, Palo Alto has an established animal control
and shelter operation; and
WHEREAS, Agency has no current facilities or ability
to provide those required animal services, and has requested
that Palo Alto provide animal control and sheltering services
within the jurisdiction of Agency, and for the citizens of
Agency; and
WHEREAS, Palo Alto has the capacity to provide such
services to Agency as are hereinafter described, and is willing
to do so;
NOW, THEREFORE, in consideration of the
covenants, terms, and conditions, the parties agree:
following
SECTION I.Term.
The term of this Agreement shall be for thirty-three
(33) months commencing on October i, 2000, and shall terminate
on June 30, 2003.
SECTION 2.Termination by Either Party.
Any party may terminate this agreement at any time,
with or without cause, by providing one hundred eighty (180)
days written notice of intent to terminate. In any event of
termination under this paragraph, Palo Alto shall be paid for
all services performed until such termination.
000913 cl 0044072
SECTION 3.Scope of Services.
Palo Alto shall perform those services set forth in
Exhibit "A", entitled "Scope of Services", attached hereto and
incorporated herein by reference.
SECTION 4.Agency’s Obligations.
4.1 Agency hereby designates Palo Alto to perform, on
behalf of Agency, all the duties that Palo Alto has agreed to
perform in Section 3.
4.2 Agency hereby agrees that Palo Alto’s designated
animal control employees may legally enforce those sections of
Agency’s municipal code that they have agreed to enforce in
Section 3.
4.3 Agency acknowledges and agrees that it shall
provide any legal services deemed necessary (in Agency’s
discretion) to prosecute criminal actions commenced by Palo
Alto’s animal control employees resulting from Palo Alto’s
performance of services for Agency as described in Section 3.
4.4 Agency shall implement its own locally enacted
provisions for administrative remedies with respect to
impoundment, nuisance abatement of dangerous animals and other
similar circumstances; provided, however, that Palo Alto will
cooperate with and assist Agency, as set forth in Section 3.
4.5 Agency agrees to adopt a fee schedule for animal
services which is compatible to the fees for services
established by Palo Alto, which fees shall be subject to annual
review and revision to the extent mutually agreed upon.
SECTION 5.Compensation.
5.1 Agency agrees to pay Palo Alto, in three equal
quarterly payments due and payable on or before October 30,
2000, January 30, 2001, and April 30, 2001, the following
estimated amount for the first contract year: $212,292.
5.2 Agency agrees to pay Palo Alto, in four equal
quarterly payments due and payable on or before July 30, 2001,
October 30, 2001, January 30, 2002, and April 30, 2002, an
estimated amount for the second contract year equivalent to
Agency’s projected share computed on the basis of Palo Alto’s FY
2001/2002 budget for animal services.
000913 c| 0044072 2
5.3 Agency agrees to pay Palo Alto, in four equal
quarterly payments due and payable on or before July 30, 2002,
October 30, 2002, January 30, 2003, and April 30, 2003, an
estimated amount for the third contract year equivalent to
Agency’s projected share computed on the basis of Palo Alto’s FY
2002/2003 budget for animal services. Palo Alto agrees to
provide Agency with next year’s estimated contract cost by March
1 of the preceding year.
5.4 At the end of each contract year (June 30),
Agency’s actual payment will be adjusted to reflect the Agency’s
percent of the tota! Animal Control program costs incurred by
Palo Alto in performing its own Animal Control program as well
as in performing the Animal Control program for Agency and all
other local government agencies serviced by Palo Alto,
calculated as the percentage of animals handled by Palo Alto for
Agency compared to the actual fiscal year program costs for the
total animals handled by Palo Alto for its owh Animal Control
program as well as the Animal Control program for Agency and all
other local government agencies serviced by Palo Alto. Animal
Control program costs are comprised of the operational areas as
presented in Exhibit "B"
5.5 Any variance, either deficit or surplus, will be
returned to or billed to Agency by July 31 of 2001, 2002, 2003.
Agency is responsible for paying any deficit within thirty (30)
days.
5.6 Palo 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 designated above.Payments shall
be sent to:
Superintendent of Animal Services
3281 East Bayshore Road
Palo Alto, CA 94303
5.7 In the event of early termination of this
agreement, in accordance with Section 2, Palo Alto shall bill
Agency a prorata amount of the quarterly payment that covers the
quarter during which such termination is effective.
5.8 For any animal(s) required to be housed at the
shelter by Agency over ninety (90) calendar days, Agency will be
assessed a daily charge of $i0.00 per animal plus any medical
expenses necessary to care for the animal(s), commencing the
ninety-first (91st) day of impoundment. An assessment invoice
will be provided on a quarterly basis.
000913 cl 0044072 3
5.9 Palo Alto~ anticipates future major capital
expenditures for shelter improvements to increase its capability
for separately housing vicious, aggressive, quarantined and
police custody dogs during the term of this agreement. Agency
shall pay its prorata share of the costs of such improvements,
provided that Agency is given one year notice of the nature and
estimated costs for such improvements prior to Palo Alto’s
commitment to such improvements.
5.10 Agency’s share of the costs for such improvements
shall be calculated by applying Agency’s percentage share of the
total Animal Control program costs incurred by Palo Alto in
performing its own Animal Control program as well as in
performing the Animal Control program for Agency and all other
local government agencies serviced by Palo Alto, as adjusted for
the fiscal year immediately preceding that in which the
improvements will be performed. Agency shall pay its share of
the costs for such improvements within thirty days following
billing by Palo Alto for the final actual costs incurred by Palo
Alto in completing the improvements, and any late payment
therefor shall bear interest as provided for operating costs.
5.11 Any unforeseen changes in State requirements
relating to the care and housing of animals shall be the fiscal
responsibility of Agency once implemented by Palo Alto. Palo
Alto agrees to notify Agency of all legislative changes as soon
as available.
5.12 Any funding requests for State or Federal
reimbursement shall remain the responsibility of the Agency.
5.13 At the end of each quarter, Palo Alto shall pay
to Agency any fees it has collected from individual citizens in
accordance with Section 3, for the following services provided
for animals originating within Agency’s jurisdiction: dog (but
not cat) 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.
SECTION 6.Indemnification and Hold Harmless.
6.1 Agency acknowledges that it is required by law to
provide some of the services set forth in Section 3, and that
its citizenry desires provision of all services set forth in
Section 3, but 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, employees, and agents from any
000913 el 0044072 4
and all demands, claims, liabilities, losses, charges, costs, or
damages caused by or arising out of Palo Alto’s negligent acts
or omissions in the performance of this agreement, except where
the cause arises from Palo Alto’s sole negligence, willful
misconduct or criminal act.
SECTION 7.Notices.
7.1 All notices shall be submitted, in writing, and
sent by the United States mail, certified and postage prepaid,
by private express delivery service, by facsimile transmission
followed by delivery of hard copy, or by any other process
mutually acceptable to the parties to the addresses stated below
or to any other address noticed in writing.
PALO ALTO:Superintendent of Animal Services
3281 East Bayshore Road
Palo Alto, CA 94303
AGENCY:City of Mountain View Police Department
i000 Villa
Mountain View, CA 94041
SECTION 8.Miscellaneous.
8.1 This Agreement shall be governed by and construed
in accordance with the laws of the state of California. Any
changes resulting in ~program modifications shall be provided in
writing by Palo Alto to Agency as soon as Legislative bodies
enact any new or modified regulations.
8.2 This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of
which together shall constitute one and the same instrument.
8.3 Palo Alto shall not be deemed in default on
account of any delay or failure to perform any obligations in
accordance with Agency laws, the laws of the State of
California, the Palo Alto Municipal Code, and the terms of this
Agreement, which directly results from an Act of God, including,
without limitation, the act of a superior legal authority or an
occurrence of nature.
8.4 The headings are not a part of this Agreement and
shall have no effect upon the construction or interpretation of
any part of this Agreement.
8.5 This Agreement constitutes the entire agreement
between the parties concerning its subject matter, and there are
000913 el 0044072 5
no other oral or written .agreements between the parties not
incorporated in this Agreement.
8.6 This Agreement shall not be modified, unless the
parties first agree to and approve of such modificationin
writing through a duly authorized amendment.
8.7 If a court of competent jurisdiction findsor
rules that any provision of this Agreement is void or
unenforceable, the unaffected provisions of this Agreement shall
remain in effect.
8.8 The prevailing party in any action brought to
enforce the terms of this agreement may recover from the other
party its reasonable costs and attorneys’ fees expended in
connection with such an action.
IN WITNESS WHEREOF, the parties have executed this
Agreement in Palo Alto, County of Santa Clara, California, on
the date first above stated.
’~ PALO ALTO""AGENCY"
CITY OF PALO ALTO City of Mountain View
Mayor
ATTEST:
City Manager
APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
City Attorney
FASD
Assistant City Manager
Police Chief
Director of
Administrative Services
000913 cl 0044072 6