HomeMy WebLinkAbout1L Staff Correspondence (Agreement)Page 1 of 20
REVISED AND RESTATED
ANIMAL SHELTER SERVICES AGREEMENT
THIS REVISED AND RESTATED ANIMAL SHELTER SERVICES AGREEMENT
(“Agreement”), dated this ____ day of ___________, 2021, is entered into by and
between the City of Palm Springs, a California municipal corporation and charter city,
(“City”), and Friends of the Palm Springs Animal Shelter, a California non-profit
corporation, (“Friends”), with reference to the following:
RECITALS
A. In 2011 the City completed construction of, and opened for public use, a
new state-of-the-art 20,000 square feet Palm Springs Animal Shelter facility and grounds
located at 4575 E. Mesquite Avenue, (the “Shelter”), as generally depicted on Exhibit “A”
to this Agreement. The City’s operation of the Shelter provides for a safe, humane shelter
for impounded, homeless, abused, neglected, lost or abandoned animals, and provides
a temporary home for animals offered for adoption, held for a short time until their owners
can be found, and animals impounded for a variety of reasons.
B. On October 17, 2012, the Parties entered into that certain Animal Shelter
Services Agreement, as further amended on November 6, 2013, (the “2012 Agreement”).
The initial term of the 2012 Agreement ended on January 18, 2018, and is subject to two
(2) extensions of three (3) years each with mutual consent and agreement of the Parties.
C. By mutual consent and agreement, the 2012 Agreement has been extended
through June 30, 2021.
D. Pursuant to the 2012 Agreement, Friends currently provides a variety of
animal control services for the City which involve primarily the enforcement of the laws of
the City and the state, including without limitation the provisions of Title 10 of the Palm
Springs Municipal Code, regarding the proper care and maintenance of animals, (the
“Services”). The Services include: (1) the operation of the Shelter in accordance with
Palm Springs Municipal Code Section 10.20.030 which houses dogs, cats, and other
animals surrendered by the public; (2) the provision of adoption services; (3) licensing of
dogs in accordance with the law; (4) assistance in administer rabies vaccinations with
local veterinarians; (5) promotion of the humane treatment of animals; (6) and such other
related services as required or desired by the Parties.
E. The Services provided by Friends do not include those provided by an
Animal Services Officer that include patrolling City streets to find dead, sick, injured, stray,
or trapped animals, or to investigate injuries to and by animals, and directly related
services, (the “Animal Control Services”). The City provides Animal Control Services
separately through its Animal Services Officers employed by the City in the Palm Springs
Police Department.
F. The Parties recognize and agree that the continuation of the Services,
together with other services that can be provided by Friends, will require a continuing and
extended public-private funding partnership between the City and Friends and other
interested entities, contributors, and the community.
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G. It is the goal of the Parties to ensure that the Shelter operates in a
professional manner, incorporating sound principles of shelter medicine, disease control,
sanitation, and other humane animal care techniques.
H. The Parties now desire to enter into this Revised and Restated Agreement
for Friends to continue to provide the Services on behalf of the City.
AGREEMENT
1. Grant of Authority.
City hereby grants to Friends, and Friends hereby accepts, the right and obligation to
manage, operate, use, posses, maintain, occupy, promote, and market the Shelter as an
animal shelter for the purpose of providing care and humane treatment for lost, strayed,
abandoned, surrendered or homeless animals that are received into the Shelter, and
animals seized by the City’s Animal Services Officers or held pursuant to court order.
Friends shall perform and furnish, or cause to be performed and furnished, all
management, operation, maintenance, promotion, marketing, and administration of the
Shelter in accordance with all Legal Requirements, all on terms and subject to limitations
of this Agreement. (For the purpose of this Agreement, the term “City Manager” or “Animal
Services Officer” means the person, office, or position designated by the City Manager of
the City.) Without in any way limiting Friends’ right to manage and operate the Facility in
accordance with the terms of this Agreement, Friends, with the input of the City Manager,
shall have the authority and responsibility to: (a) determine, establish, and implement the
policies, standards and schedules for the operation and maintenance of the Shelter and
all matters affecting customer relations; (b) hire, train, and supervise the Shelter
employees; (c) supervise and direct all phases of advertising, sales, and business
promotion for the Shelter; (d) establish accounting and payroll procedures and functions
for the Shelter. City agrees that it will cooperate with Friends to permit and assist Friends
to carry out its duties under this Agreement.
2. General.
A. Friends shall house animals currently at the Shelter and those received at the
Shelter during the term of this Agreement, for the holding or redemption periods set forth
in the Legal Requirements. At the end of the appropriate holding or redemption period,
animals that have not been redeemed by their owners, shall be offered for adoption or
euthanized as provided under the Legal Requirements. Friends shall encourage adoption
where the animal and potential adoptive home are both believed to be appropriate.
B. In the exercise of its discretion, Friends may hold animals housed at the Shelter
beyond the time required by law, provided that Friends shall not hold animals beyond the
time required by law if the same will result in there being insufficient space or facilities for
the impoundment of animals seized pursuant to the City’s Animal Control functions.
C. Friends shall keep the Shelter open to the public a minimum of thirty-five (35)
hours per week, six days a week, unless otherwise mutually agreed in writing by Friends
and the City Manager. The Shelter may be closed for the following recognized holidays:
New Year’s Day, July 4th, Thanksgiving Day, half day on Christmas Eve, Christmas Day,
and half day on New Year’s Eve. Other closures of the Shelter may be proposed by
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Friends for good and sufficient reason, with 24 hours advance written notice provided to
the City Manager. In no case will closure to the public compromise care, watering, and
feeding of the animals. Subject to the foregoing, Friends shall establish reasonable hours
during which animals may be viewed, redeemed, or adopted.
D. The Shelter may be required to house animals other than domestic companion
animals, when necessary. Other animals may include livestock, birds, pet rodents,
snakes, and other exotic animals.
E. In performing its obligations and duties under this Agreement, Friends shall
conform to all applicable ordinances of the City of Palm Springs, the laws and regulations
of the State of California, and the Stipulation and Order re Settlement, in the case of
Daniel Teutle, et al. v. City of Palm Springs, et al. (Case No INC1103235 — Superior
Court, County of Riverside, Indo Branch) and executed by the City and Friends on June
26, 2012. A copy of this Settlement is on file in the Office of the City Clerk. All such
ordinances, laws, and stipulations and orders are collectively referred to in this Agreement
as the “Legal Requirements.”
F. Friends shall determine, establish, and implement the policies, standards, and
schedules for the operation and maintenance of the Shelter and all matters affecting
customer relations. Friends shall be responsible for processing applications for the
placement of adoptable animals in accordance with the Legal Requirements. Friends
shall be entitled to collect and retain reasonable adoption and redemption fees, issue dog
licenses, and collect and retain payments for dog licenses.
G. Friends shall maintain the capacity of the Shelter at its present level. No expansion
or contraction from the present capacity shall occur without the written approval of the
Citymay increase the capacity of the Shelter by providing advance written notice to the
City Manager stating the reasons and justification for increasing the capacity, the amount
of the increased capacity, and such other information related thereto. In proposing any
increase to the capacity of the Shelter, Friends shall, at its sole cost and expense, be
responsible for all necessary interior or exterior improvements to provide increased
capacity, subject to the City’s prior review and approval.
G.H. Friends shall be solely responsible for any and all costs, and no City funds shall
be utilized, for the housing and care of animals obtained from outside the City of Palm
Springs. Friends shall only accept animals from outside the City of Palm Springs, if there
is sufficient capacity to accommodate those animals.
H.I. Friends shall operate the Shelter in conformance with the general provisions of
this Agreement, develop and implement standards of care for its operations at the Shelter,
and prepare benchmarks to measure its performance. Written standards and benchmarks
will be provided to the City Manager.
3. Medical Services.
A. Friends shall provide prompt and reasonably necessary veterinary care to the
animals housed at the Shelter or placed in foster care. Friends shall ensure that all
veterinary care is provided by qualified personnel licensed by the State of California and
can be provided on site through the utilization of medical facilities at the Shelter with
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visiting veterinarians or by utilizing a local veterinary clinic. Any dog or cat deemed
adoptable shall be spayed or neutered as soon as practicable when determined to be
medically sound. Friends shall have the discretion to spay or neuter any other species of
animal.
B. In addition to the City’s payment of the Management Fee, Friends shall provide the
Shelter with sufficient funding to pay for all reasonable and necessary medical expenses
incurred with regard to the treatment of the animals at the Shelter.
C. In accordance with the Legal Requirements, it is the responsibility of Friends that
the Shelter’s veterinarian and/or staff are (1) trained and appropriately certified to
administer controlled euthanasia solutionsdrugs and other controlled substances, and (2)
responsible for obtaining euthanasia solutionsdrugs and other controlled substances, (3)
properly maintaining records pertaining to such solutionsdrugs and other controlled
substances, and (4) to safely keep the solutions in accordance with the Legal
Requirementssecure such drugs and other controlled substances.
D. Friends shall develop and implement a system whereby animals are assessed for
behavior and temperament in a manner consistent with the Legal Requirements. The
Executive Director of Friends, or designee, shall be consulted prior to a final determination
made regarding an animal’s vicious or potentially dangerous behavior and temperament.
Under no circumstances shall Friends allow any vicious or potentially dangerous animals
to become available for adoption.
E. Friends shall euthanize animals that are irremediably suffering from injury or illness
consistent with the Legal Requirements. Friends shall also euthanize all animals found to
be vicious or potentially dangerous as well as all animals found to be in poor health and
untreatable. Friends shall follow the HSUS and American Veterinary Association’s
recommended protocols for euthanasia.
F. Friends shall be wholly and solely responsible for providing general medical care
for any animals in the Shelter, including all veterinary costsservices, including without
limitation spaying/neutering, vaccinations, and medical supplies.
G. Friends shall provide for proper disease control at the Shelter to minimize the
spread of disease.
4. Animal Care.
A. Friends shall be wholly and solely responsible to house, care for, groom, water,
and feed all surrendered, stray, and impounded animals held at the Shelter or in foster
care and hold such animals, regardless of how each such animal was delivered to the
Shelter, for no less than the holding period of time as prescribed by the State or the City,
whichever applicable holding period is longest. Friends shall periodically make
recommendations to the City Manager regarding the amounts to be charged for the
impound and housing of animals under the provisions of this Agreement. Such
recommendations may be forwarded to the City Council for consideration and approval.
Any change to fees charged by Friends shall require prior approval by the City Council.
Friends may retain all impound fees paid to the Shelter.
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B. Friends shall provide for the board and care of all animals that are impounded for
any reason by the City’s Animal Services Officers. Friends shall not deviate from any
special conditions that the Animal Services Officer places on an impounded animal.
Friends shall provide for the euthanasia of any animals so ordered by the courts or other
competent authority.
C. At a frequency not less than one time per day, all animals are to be fed and
provided fresh water, and all water bowls, litters, and cages/kennels are to be cleaned
and sanitized.
D. Friends shall provide for the adoption or placement of as many animals as possible
to meet a goal of 90% live release rate. Friends may place animals who have cleared
their holding periods with properly vetted animal rescue groups; under no circumstance,
however, shall Friends release animals to any type of a dealer or breeder.
E. Friends shall provide Trap, Neuter, and Release feral cat programs consistent with
best practices and Legal Requirements.
F. In accordance with the Legal Requirements, Friends will provide final
arrangements and disposal of any and all animals that die in the custody of Friends at the
Shelter, are euthanized, or are deceased animals brought to the Shelter by the City’s
Animal Services Officers. Except as expressly provided in this provision, nothing herein
shall require Friends to handle or dispose of deceased animals from any other agencies
or organizations.
G. Friends shall establish and sponsor a low-cost rabies clinic or event at least two
times a year.
5. Records and Reports.
A. Friends shall maintain complete records of each animal admitted, housed, or
maintained at the Shelter in a manner consistent with the Legal Requirements, using
computer software appropriate for animal shelter operations. All animals impounded shall
be assigned an impound number for tracking purposes and records for each animal shall
be maintained through the last date of the animal’s impoundment. Such records shall
include, without limitation, kennel records, animal medical records, animal behavior
records, adoption records, redemption records, euthanasia records, receipts, inventory,
fees and charges, activity records, and whether the animal was from within the City or
from outside the City of Palm Springs. All records shall be maintained for a minimum of 3
years.
B. Friends shall provide the City Manager with an annual audited financial report no
later than seventy-five (75) days after the end of each calendar year during the term of
this Agreement within thirty (30) days of Friends’ receipt of the annual audited financial
report.
C. Friends shall be responsible for licensing all dogs as required in the Legal
Requirements. Friends shall be deemed an authorized licensing agent of the City
Manager pursuant to the terms of Palm Springs Municipal Code Chapter 10.08, as
amended from time to time. Friends shall periodically make recommendations to the City
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Manager regarding the amount to be charged for dog licenses. Such recommendations
may be forwarded to the City Council for consideration and approval. Any change to fees
charged by Friends shall require prior approval by the City Council. Friends may retain all
dog license fees. Friends shall offer on-line license payments and related services when
practicable.
D. Friends shall establish accounting and payroll procedures and functions for the
Shelter. City Manager agrees that the City Manager will cooperate with Friends to permit
and assist Friends to carry out its duties under this Agreement.
E. Friends shall develop and maintain monthly statistical reports, developed in
cooperation with the City Manager and posted on the Friend’s Web Site.
6. Employees and Volunteers.
A. Friends shall employ, at all times during the term of this Agreement, such trained
and qualified personnel as are necessary to properly perform the duties and
responsibilities specified in this Agreement. Friends shall be solely responsible for the
recruitment, hiring, training, supervision, and/or termination of all staff and/or volunteers.
The employees of Friends shall not be employees of the City.
B. Friends shall establish, promote, and operate volunteer and/or community service
programs and shall assume liability for, appropriately screen, supervise, and train all such
volunteers assisting at the Shelter.
C. It is expressly understood and agreed by Friends that its officers, employees, and
agents will not be deputized and will not be authorized to enforce any rules, regulations,
ordinances or laws except as specifically provided in this Agreement. The City, through
its Animal Services Officers, will enforce all animal control ordinances.
D. It is expressly understood and agreed that Friends shall maintain adequate staffing
levels at the Shelter to ensure that all services outlined in this Agreement are provided in
an efficient and professional manner. As of the effective date of this Agreement, Friends
has approximately 40 full time equivalent positions at the Shelter consisting of an
Executive Director, Managers, Technicians, Coordinators, and Attendants. Friends shall
provide notice to the City Manager of any decrease proposed in the number of full time
equivalent staffing positions as part of Friends’ requested annual operating budget
submitted for the City’s consideration as part of the City’s fiscal year budget process.
E. The legal relationship between the Parties is that of an independent contractor,
and nothing shall be deemed to make any employees or volunteers of Friends a City
employee.
(i) During the performance of this Agreement, Friends and its officers,
employees, and agents shall act in an independent capacity and shall not act or represent
themselves as City officers or employees. The personnel performing the Services under
this Agreement on behalf of Friends shall at all times be under Friends’ exclusive direction
and control. Neither City nor any of its officers, employees, or agents shall have control
over the conduct of Friends or any of its officers, employees, or agents, except as set
forth in this Agreement. Friends, its officers, employees, or agents shall not maintain an
office or any other type of fixed business location at City’s offices. City shall have no
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voice in the selection, discharge, supervision, or control of Friends’ employees, servants,
representatives, or agents, or in fixing their number, compensation, or hours of service.
Friends shall pay all wages, salaries, and other amounts due its employees in connection
with this Agreement and shall be responsible for all reports and obligations respecting
them, including but not limited to social security income tax withholding, unemployment
compensation, workers’ compensation, and other similar matters. City shall not in any
way or for any purpose be deemed to be a partner of Friends in its business or otherwise
a joint venturer or a member of any joint enterprise with Friends.
(ii) Friends shall not have any authority to bind City in any manner. This
includes the power to incur any debt, obligation, or liability against City.
(iii) No City benefits shall be available to Friends, its officers, employees, or
agents in connection with any performance under this Agreement. Except for contract
fees paid to Contractor as provided for in this Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for the performance of Services under this
Agreement. City shall not be liable for compensation or indemnification to Contractor, its
officers, employees, or agents, for injury or sickness arising out of performing Services.
If for any reason any court or governmental agency determines that the City has financial
obligations, other than under SubSection 10 A in this Agreement, of any nature relating
to salary, taxes, or benefits of Contractor’s officers, employees, servants, representatives,
subcontractors, or agents, Contractor shall indemnify City for all such financial
obligations.
7. Insurance and Indemnity.
7.1 Types of Insurance. Friends shall procure and maintain, at its sole cost
and expense, the insurance described herein. The insurance shall be for the duration of
this Agreement and includes any extensions, unless otherwise specified in this
Agreement. The insurance shall be procured in a form and content satisfactory to City.
The insurance shall apply against claims which may arise from the Friends’ performance
of Work under this Agreement, including Friends’ agents, representatives, or employees.
In the event the City Manager determines that the Work or Services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the
Friends agrees that the minimum limits of the insurance policies may be changed
accordingly upon receipt of written notice from the City Manager or his designee. Friends
shall immediately substitute any insurer whose A.M. Best rating drops below the levels
specified in this Agreement. All insurance provided under this Agreement shall be on an
occurrence basis. The minimum amount of insurance required shall be as follows:
A. Workers’ Compensation Insurance. Friends shall obtain and
maintain, in full force and effect throughout the term of this Agreement, workers’
compensation insurance in at least the minimum statutory amounts, and in compliance
with all other statutory requirements, as required by the State of California. Friends
agrees to waive and obtain endorsements from its workers’ compensation insurer waiving
subrogation rights under its workers’ compensation insurance policy against the City and
to require each of its subcontractors, if any, to do likewise under their workers’
compensation insurance policies.
B. Commercial General Liability Insurance. Friends shall obtain and
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maintain, in full force and effect throughout the term of this Agreement, a policy of
commercial general liability insurance written on a per occurrence basis with a combined
single limit of at least five million dollars ($5,000,000) for bodily injury and property
damage including coverages for contractual liability, personal injury, independent
contractors, broad form property damage, products and completed operations.
C. Business Automobile Insurance. Friends shall obtain and maintain,
in full force and effect throughout the term of this Agreement, a policy of business
automobile liability insurance written on a per occurrence basis with a single limit liability
in the amount of one million dollars ($1,000,000) bodily injury and property damage. The
policy shall include coverage for owned, non-owned, leased, and hired cars.
D. Employer Liability Insurance. Friends shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of employer liability
insurance written on a per occurrence basis with a policy limit of at least one million dollars
($1,000,000) for bodily injury or disease.
7.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager or his/her designee
prior to commencing any work or services under this Agreement. Friends guarantees
payment of all deductibles and self-insured retentions. City reserves the right to reject
deductibles or self-insured retentions in excess of $10,000, and the City Manager or
his/her designee may require evidence of pending claims and claims history as well as
evidence of Friends’ ability to pay claims for all deductible amounts and self-insured
retentions proposed in excess of $10,000.
7.3 Other Insurance Requirements. The following provisions shall apply to
the insurance policies required of Friends under this Agreement:
A. For any claims related to this Agreement, Friends’ coverage shall be
primary insurance with respect to the City and its officers, council members, officials,
employees, agents, and volunteers. Any insurance or self-insurance maintained by the
City and its officers, council members, officials, employees, agents, and volunteers shall
be in excess of Friends’ insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to City and its
officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Friends and available
or applicable to this Agreement are intended to apply to each insured, including additional
insureds, against whom a claim is made or suit is brought to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting
endorsement which substantially impairs the coverages set forth in this Agreement (e.g.,
elimination of contractual liability or reduction of discovery period), unless the
endorsement has first been submitted to the City Manager and approved in writing.
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E. Friends agrees to require its insurer to modify insurance
endorsements to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the endorsements.
Certificates of insurance will not be accepted in lieu of required endorsements, and
submittal of certificates without required endorsements may delay commencement of the
Project. It is Friends’ obligation to ensure timely compliance with all insurance submittal
requirements as provided in this Agreement.
F. Friends agrees to ensure that subcontractors, and any other parties
involved with the Project who are brought onto or involved in the Project by Friends,
provide the same minimum insurance coverage required of Friends. Friends agrees to
monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this section. Friends
agrees that upon request, all agreements with subcontractors and others engaged in the
Project will be submitted to the City for review.
G. Friends acknowledges and agrees that any actual or alleged failure
on the part of the City to inform Friends of non-compliance with any insurance requirement
in no way imposes any additional obligations on the City nor does it waive any rights in
this or any other regard.
H. Friends shall provide proof that policies of insurance required in this
Agreement, expiring during the term of this Agreement, have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. Endorsements as required in this
Agreement applicable to the renewing or new coverage shall be provided to City no later
than ten (10) days prior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits
contained in this section are not intended as limitations on coverage, limits, or other
requirements, or as a waiver of any coverage normally provided by any given policy.
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
J. The requirements in this section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts with
or impair the provisions of this section.
K. Friends agrees to provide immediate notice to City of any claim or
loss against Friends arising out of the Work performed under this Agreement and for any
other claim or loss which may reduce the insurance available to pay claims arising out of
this Agreement. City assumes no obligation or liability by such notice, but has the right
(but not the duty) to monitor the handling of any such claim or claims if they are likely to
involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Friends agrees that the provisions of this section shall not be
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construed as limiting in any way the extent to which the Friends may be held responsible
for the payment of damages resulting from the Friends’ activities or the activities of any
person or person for which the Friends is otherwise responsible.
7.4 Sufficiency of Insurers. Insurance required in this Agreement shall be
provided by authorized insurers in good standing with the State of California. Coverage
shall be provided by insurers admitted in the State of California with an A.M. Best’s Key
Rating of B++, Class VII, or better, unless such requirements are waived in writing by the
City Manager or his designee due to unique circumstances.
7.5 Verification of Coverage. Friends shall furnish City with both certificates
of insurance and endorsements, including additional insured endorsements, affecting all
of the coverages required by this Agreement. The certificates and endorsements are to
be signed by a person authorized by that insurer to bind coverage on its behalf. All proof
of insurance is to be received and approved by the City before work commences. City
reserves the right to require Friends’ insurers to provide complete, certified copies of all
required insurance policies at any time. Additional insured endorsements are not required
for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General
and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable
Certificate of Liability Insurance Coverage with an approved Additional Insured
Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named
as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for
any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or
"for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the
expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its agents
or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of City, its elected officials, officers,
employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policies. All certificates of insurance and endorsements are
to be received and approved by the City before work commences. All certificates of
insurance must be authorized by a person with authority to bind coverage, whether that
is the authorized agent/broker or insurance underwriter. Failure to obtain the required
documents prior to the commencement of work shall not waive the Friends’ obligation to
provide them.
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7.6 Indemnification and Reimbursement. To the fullest extent permitted by
law, Friends shall defend (at Friends’ sole cost and expense), indemnify, protect, and hold
harmless City, its elected officials, officers, employees, agents, and volunteers
(collectively the “Indemnified Parties”), from and against any and all liabilities, actions,
suits, claims, demands, losses, costs, judgments, arbitration awards, settlements,
damages, demands, orders, penalties, and expenses including legal costs and attorney
fees (collectively “Claims”), including but not limited to Claims arising from injuries to or
death of persons (Friends’ employees included), for damage to property, including
property owned by City, for any violation of any federal, state, or local law or ordinance
or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions,
or willful misconduct committed by Friends, its officers, employees, representatives, and
agents, that arise out of or relate to Friends’ performance of Services or this Agreement.
This indemnification clause excludes Claims arising from the sole negligence or willful
misconduct of the Indemnified Parties. Under no circumstances shall the insurance
requirements and limits set forth in this Agreement be construed to limit Friends’
indemnification obligation or other liability under this Agreement. Friends’ indemnification
obligation shall survive the expiration or earlier termination of this Agreement until all
actions against the Indemnified Parties for such matters indemnified are fully and finally
barred by the applicable statute of limitations or, if an action is timely filed, until such
action is final.
8. Working with the City.
A. Friends and the City Manager shall coordinate the documentation, monitoring, and
handling of all animals under quarantine in conformance with the Legal Requirements.
Friends shall immediately report to the City Manager the improper or accidental release
of any animal from the Shelter.
B. The City’s Animal Services Officers shall be permitted to use the Shelter and
related equipment to the extent necessary in the performance of Animal Control Services.
C. Friends shall promote animal care and control in accordance with the Legal
Requirements and shall provide public assistance and referral of all issues related to
animal control to the City’s Animal Services Officers.
9. Maintenance and Repair of the Shelter.
A. Friends shall provide the Shelter with sufficient funding to purchase and maintain
an adequate inventory of all consumable supplies and equipment necessary to conduct
Shelter operations.
B. Friends shall do nothing detrimental to the facilities, equipment, or property of the
Shelter. Friends shall not intentionally harm the Shelter building, grounds, or equipment.
Upon City determination of intentional harm (through willful act or neglect) to building,
grounds, or equipment, Friends will be financially responsible for all repairs and may be
subject to termination of this Agreement as provided in this Agreement. The Executive
Director or the Executive Director’s designee shall contact the City Manager when repairs
to the Shelter are needed. Friends are responsible for contacting City Manager in a timely
manner for emergency or non-routine maintenance issues that may arise.
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C. Title to the Shelter, and title to the furniture, furnishings, fixtures, appliances, and
equipment attached to the building or Property, (the “FFE”), at the Shelter on the
commencement date hereof and installed during the term of this Agreement or any
extension thereof, shall remain vested in the City. To the extent Friends acquires or
purchases any FFE during the term of the Agreement, Friends shall provide the City
Manager with written notice of the date of such acquisition, a physical description and
location where used in the Shelter, and title to the listed FFE will remain vested with
Friends.
D. During the term hereof Friends shall maintain the Shelter in good order and
condition and shall at its own cost and expense make all interior repairs, including painting
and maintaining in as good a condition as existed at the commencement of the Agreement
the following: all mechanical equipment including: the washer/dryer, dishwasher-
sanitizers, SMT Pressure cleaning system including the filters (excluding the pumps); all
computer systems and servers; the phone system; CCTV system; light fixtures including
replacement of light bulbs; all interior and exterior doors, including repair or replacement
of door hardware; and all interior and exterior windows, including but not limited to, glass
replacement, including windows forming the exterior walls (unless such replacement is
directly due to vandalism or other events beyond Friends’ control). Friends agrees to
maintain in good condition the exterior and structural integrity of the Shelter. At the
expiration or termination of the Agreement, Friends shall deliver the Shelter in as good
order and condition as at the commencement of the Agreement, reasonable wear and
tear and damage by casualty or the elements excepted. Should the City Manager, during
the term of the Agreement, find that Friends has failed to properly maintain the interior of
the Shelter as required herein, the City Manager will notify Friends in writing specifying
Friends’ failure to perform such required interior maintenance and/or repairs. Within ten
(10) days after receipt of such notice, Friends shall commence and continuously and
diligently pursue such maintenance and/or repair to completion within a reasonable period
of time. Failure to comply with provisions of this paragraph shall be regarded as a
substantive breach of this Agreement.
E. Friends shall maintain the Shelter in a neat and clean condition. The City shall be
responsible for janitorial services by either providing such services itself or through a
contract for services between the City and a janitorial service provider or by reimbursing
Friends for payments made by Friends pursuant to a contract for services between
Friends and a janitorial service provider approved by the City Manager.
F. City shall be responsible for electric, gas, water, and trash removal. Friends shall
be responsible for telephone services.
G. Friends and its agents, employees, or contractors subcontractors or other
representatives shall not bring upon the Shelter, or permit or authorize any other person
or entity to bring upon the Shelter, any hazardous materials, hazardous substances,
hazardous wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or
other fuels (including crude oil or any fraction or derivative thereof). Notwithstanding the
foregoing, Friends may bring such fuels and lubricants onto the Shelter as may be
required for operation of construction vehicles during construction and backup power for
generators during, maintenance or repair of Friends’ Facilities. In addition, Friends may
also bring onto the Shelter, any lead-acid batteries, cleaning solvents, and other
chemicals necessary for proper utilization and maintenance of Friends’ Facilities. In
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bringing any materials or substance onto, or using any materials and substances on, the
Shelter, Friends shall comply with all federal, State, and local government laws,
regulations, and rules. Friends shall be solely responsible for any damages or costs
incurred by Lessor due to any environmental contamination, arising from the presence or
use on Friends’ behalf of any hazardous materials or substances that Friends, its agents,
employees. contractors, subcontractors or other representatives bring onto the Shelter.
H. Friends shall maintain the exterior landscaping of the Shelter facility and property
in a neat and clean condition. Friends shall be responsible for landscape maintenance
services by either providing such services itself or through a contract for services between
the Friends and a landscape maintenance contractor.
I. Friends shall be responsible for exterminator and pest control services through a
contract for such services between the Friends and a pest control contractor.
10. Management Fee.
Upon the effective date of this Agreement, the City shall continue to pay Friends the
annual amount of Nine Hundred Forty Thousand, Four Hundred and Two Dollars
($940,402) on a monthly basis of Seventy Eight Thousand, Three Hundred and Sixty-Six
Dollars and Eighty-Three Cents ($78,366.83), (the “Management Fee”). The
Management Fee is subject to the City Council’s appropriation of funds therefore in the
City’s fiscal year General Fund operating budget. Friends shall submit its annual
operational budget for the succeeding fiscal year (July 1 to June 30) to the City Manager
prior to March 1 of each year during the term of this Agreement, and shall identify any
requested increase to the Management Fee proposed for the succeeding fiscal year with
sufficient supporting documentation justifying any requested increase. The City reserves
the right to approve, deny or modify the amount of any requested increase to the
Management Fee in accordance with the amount of available funds appropriated
therefore in the City’s adopted budget for the succeeding fiscal year. Any change of the
Management Fee to incorporate the amount appropriated therefore in the City’s adopted
fiscal year budget may be approved by an Administrative Amendment executed by
Friends and the City Manager. Commencing July 1, 2021, the Management Fee shall be
increased to One Million Twenty Seven Thousand Nine Hundred Two Dollars
($1,027,902.00) payable in monthly installments. Commencing July 1, 2022, the
Management Fee shall be increased to One Million One Hundred Fifteen Thousand Four
Hundred Two Dollars ($1,115,402.00) payable in monthly installments. Commencing July
1, 2023, the Management Fee shall be adjusted in an amount equal to the increase or
decrease in the Consumer Price Index published by the United States Department of
Labor, Bureau of Labor Statistics (December 2017 = 100) for “All Items - All Urban
Consumers, Not Seasonally Adjusted”, for the Riverside-San Bernardino-Ontario
Metropolitan Statistical Area, on the basis of data published for March of each year.
11. City Obligations
A. The City shall be responsible for any and all repairs to the Shelter, including,
without limitation, structural repairs, plumbing repairs not expressly due to Friends’
operations (e.g. clogged plumbing lines), main electrical system repairs, the air
conditioning system, and the roof. The City shall also be responsible for all maintenance
of the air conditioning system in the Shelter. City Manager shall provide training on the
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control system so that Friends can reasonably adjust the temperature in certain areas of
the Shelter authorized by the City Manager.
B. City will provide reasonable custodial maintenance services to the Shelter.
C. The City will continue to include the Shelter on the City’s real property insurance
policies.
D. The City Council will periodically review and establish license and impound fees in
amounts the City Council reasonably determines will allow Friends to recover their costs
in providing the licensing and impound services pursuant to the terms of this Agreement.
E. The City Council will appoint a member of the City Council to serve as Liaison to
the Board of Directors of Friends.
12. Term and Termination.
A. This Agreement is effective upon the date executed and shall have an initial term
extending to June 30, 2026. Upon execution of this Agreement, the 2012 Agreement shall
be of no force and effect and shall be considered replaced hereby. Upon mutual consent
and agreement of the Parties, this Agreement may be extended for a period of five (5)
years to June 30, 2031. An extension of this Agreement provided herein may be approved
by an Administrative Amendment executed by Friends and the City Manager.
B. The Parties intend that any issues related to operations at the Shelter or issues
relating to interactions between the employees or agents of the parties, or any issues
concerning rights and responsibilities under this Agreement, be resolved at the lowest
possible level. Toward that end, the Parties agree to attempt in good faith to mutually
resolve disputes at a staff level in the first instance. If unresolved, the dispute will be
moved to the next level of supervisor in the case of the City, and the Executive Director
in the case of Friends. If the matter cannot be resolved at that level, the issue will be
addressed by the City Manager and the President of the Board of Director of Friends to
mutually resolve the dispute. If, at this level, the Parties are still unable to reach resolution,
then the Parties may mutually agree to submit the issue in controversy to mediation
through a mutually agreed upon local mediator. Any costs for mediation shall be borne
equally by the Parties. If the Parties are unable to reach resolution through mediation, the
Parties shall then be free to exercise their respective rights under the Agreement through
whatever means are available under law.
C. Either party may terminate this Agreement by giving written notice to the other
party of not less than twelve (12) months. In the event of such termination, the City shall
be responsible for payment to Friends only for services actually rendered through and
until the final date of termination,
13. Miscellaneous Provisions.
A. California Labor Code Requirements: City by incorporating this provision into the
Agreement is providing notice to Friends of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage
rates and the performance of other requirements on certain “public works” and
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“maintenance” projects that may be performed by Friends at the Shelter, (the “Prevailing
Wage Laws”).
(i) If the Services are being performed as part of an applicable “public works”
or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total paid
by Friends is $15,000 or more for maintenance or $25,000 or more for construction,
alteration, demolition, installation, or repair, Friends agrees to fully comply with such
Prevailing Wage Laws. Friends shall defend, indemnify and hold the City, its officials,
officers, employees and agents free and harmless from any claims, liabilities, costs,
penalties or interest arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws. It shall be mandatory for Friends and all subcontractors to comply
with all California Labor Code provisions, which include but are not limited to prevailing
wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor
Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776),
hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and
subcontractors (Labor Code Section 1777.1).
(ii) If the Services are being performed as part of an applicable “public works”
or “maintenance” project and if the total compensation is $15,000 or more for
maintenance or $25,000 or more for construction, alteration, demolition, installation, or
repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, Friends and all
subcontractors performing such Services must be registered with the Department of
Industrial Relations. Friends shall maintain registration for the duration of the Project and
require the same of any subcontractors, as applicable. This Agreement may also be
subject to compliance monitoring and enforcement by the Department of Industrial
Relations. It shall be Friends’ sole responsibility to comply with all applicable registration
and labor compliance requirements.
B. California Law and Venue. This Agreement shall be construed and interpreted
both as to validity and as to performance of the Parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim, or matter arising out of
or in relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such County, and Friends
covenants and agrees to submit to the personal jurisdiction of such court in the event of
such action.
C. Interpretation. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes of the Parties.
The terms of this Agreement are contractual and the result of negotiation between the
Parties. Accordingly, any rule of construction of contracts (including, without limitation,
California Civil Code Section 1654) that ambiguities are to be construed against the
drafting party, shall not be employed in the interpretation of this Agreement. The caption
headings of the various sections and paragraphs of this Agreement are for convenience
and identification purposes only and shall not be deemed to limit, expand, or define the
contents of the respective sections or paragraphs.
D. Default. Contractor’s failure to comply with any provision of this Agreement shall
constitute a default.
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(i) If the City Manager, or his designee, determines that Friends is in default in
the performance of any of the terms or conditions of this Agreement, the City Manager
shall notify Friends in writing of such default. Friends shall have ten (10) days, or such
longer period as City may designate, to cure the default by rendering satisfactory
performance. In the event Friends fails to cure its default within such period of time, City
shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice of any remedy to which City
may be entitled at law, in equity, or under this Agreement. Friends shall be liable for all
reasonable costs incurred by City as a result of such default. Compliance with the
provisions of this section shall not constitute a waiver of any City right to take legal action
in the event that the dispute is not cured.
(ii) If termination is due to the failure of Friends to fulfill its obligations under this
Agreement, City may, after given written notice to Friends, take over the work and
prosecute the same to completion by contract or otherwise.
E. Waiver. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the Party against whom
enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of
any covenant, condition, or term contained in this Agreement, shall not be construed to
be a waiver of any subsequent or other default or breach, nor shall failure by the Parties
to require exact, full, and complete compliance with any of the covenants, conditions, or
terms contained in this Agreement be construed as changing the terms of this Agreement
in any manner or preventing the Parties from enforcing the full provisions.
F. Rights and Remedies Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the
Parties are cumulative and the exercise by either Party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the other Party.
G. Legal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct, remedy or recover damages for any
default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
H. Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall
be entitled, in addition to such other relief as may be granted, to recover from the non-
prevailing Party all reasonable costs and expenses. These include but are not limited to
reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and
expenses incurred in any appeal or in collection of any judgment entered in such
proceeding.
I. Non-liability of City Officers and Employees. No officer or employee of the City
shall be personally liable to Friends, or any successor-in-interest, in the event of any
default or breach by the City or for any amount which may become due to Friends or to
its successor, or for breach of any obligation of the terms of this Agreement.
Page 17 of 20
J. Conflict of Interest. Friends acknowledges that no officer or employee of the City
has or shall have any direct or indirect financial interest in this Agreement nor shall
Friends enter into any agreement of any kind with any such officer or employee during
the term of this Agreement and for one (1) year thereafter. Friends warrants that Friends
has not paid or given, and will not pay or give, any third party any money or other
consideration in exchange for obtaining this Agreement.
K. Covenant Against Discrimination. In connection with its performance under this
Agreement, Friends shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression,
physical or mental disability, or medical condition (each a “prohibited basis”). Friends shall
ensure that applicants are employed, and that employees are treated during their
employment, without regard to any prohibited basis. As a condition precedent to City’s
lawful capacity to enter this Agreement, and in executing this Agreement, Friends certifies
that its actions and omissions hereunder shall not incorporate any discrimination arising
from or related to any prohibited basis in any activity performed by Friends, including but
not limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship; and further, that Friends is in full
compliance with the provisions of Palm Springs Municipal Code Section 7.09.040,
including without limitation the provision of benefits, relating to non-discrimination in city
contracting.
L. Friends shall comply with the Recycled Water Requirements as provided in Exhibit
“B” to this Agreement and as such requirements may be amended from time to time by
actions of the State Department of Public Health and the Desert Water Agency. The City
shall cooperate with Friends in Friends’ compliance with these requirements.
M. Friends represents that it is legally qualified to perform all of its obligations and
duties as required under the terms of this Agreement and that it is properly incorporated
as a Not for Profit Corporation under the laws of the State of California.
N. The City Manager has the right to make inspections of the Shelter upon reasonable
notice during business hours to assure compliance with the requirements of this
Agreement and to ensure that the animals are cared for in a humane manner consistent
with the provisions of this Agreement and the Legal Requirements.
O. Nothing in this Agreement shall be construed as establishing a partnership under
California law between the parties or to authorize either party to this Agreement to incur
any debt or obligation of the other. Neither the City nor Friends shall be considered as the
agent of the other nor shall either have the right to bind the other in any manner
whatsoever.
P. The experience, knowledge, education, capability, and reputation of Friends, its
principals and employees, were a substantial inducement for City to enter into this
Agreement. Friends shall not contract with any other individual or entity to perform any
Services required under this Agreement without the City's express written approval. In
addition, neither this Agreement nor any interest may be assigned or transferred,
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voluntarily or by operation of law, without the prior written approval of City. Subcontracts,
if any, shall contain a provision making them subject to all provisions stipulated in this
Agreement including without limitation the insurance and indemnification requirements. If
Friends is permitted to subcontract any part of this Agreement by City, Friends shall be
responsible to City for the acts and omissions of its subcontractor(s) in the same manner
as it is for persons directly employed. Nothing contained in this Agreement shall create
any contractual relationships between any subcontractor and City. All persons engaged
in the Services will be considered employees of Friends. City will deal directly with and
will make all payments to Friends. In addition, neither this Agreement nor any interest in
this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered
voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without
the prior written consent of City. Transfers restricted in this Agreement shall include the
transfer to any person or group of persons acting in concert of more than twenty five
percent (25%) of the present control of Friends, taking all transfers into account on a
cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release Friends
from any liability under this Agreement without the express written consent of City.
Q. This Agreement is subject to and contingent upon funds being appropriated by the
City Council for each fiscal year covered by the Agreement. If such appropriations are
not made, this Agreement shall automatically terminate without penalty to the City.
R. Any notice, demand, request, consent, approval, or communication that either
party desires, or is required to give to the other party or any other person shall be in
writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail,
registered or certified mail, postage prepaid, return receipt requested, or delivered or sent
by facsimile with attached evidence of completed transmission. All notices shall be
deemed received upon the earlier of (i) the date of delivery to the address of the person
to receive such notice if delivered personally or by messenger or overnight courier; (ii)
five (5) business days after the date of posting by the United States Post Office if by mail;
or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other
communication sent by facsimile must be confirmed within forty-eight (48) hours by letter
mailed or delivered. Other forms of electronic transmission such as e-mails, text
messages, and instant messages are not acceptable manners of notice required
hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Manager
To Friends: Friends of the Palm Springs Animal Shelter
4575 E. Mesquite Ave.
Palm Springs, California 92264
Attn: President
S. Each party agrees to and shall do and perform such other and further acts and
properly execute and deliver such other and further documents as may be reasonably
necessary, expedient or convenient to implement the intents and purposes hereof.
Page 19 of 20
T. Whenever this Agreement requires or calls for the approval or consent of any party
hereto, such approval shall not be unreasonably withheld, delayed, or conditioned.
U. Integrated Agreement. This Agreement constitutes the entire understanding
between the Parties and supersedes and cancels all prior negotiations, arrangements,
agreements, representations, and understandings, if any, made by or among the Parties
with respect to the subject matter in this Agreement.
V. Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement signed by all Parties.
W. Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. If any
provision of this Agreement shall be determined to be invalid by a final judgment or decree
of a court of competent jurisdiction, such provision shall be ineffective only to the extent
of such prohibition or invalidity, without invalidating the reminder of that provision, or the
remaining provisions of this Agreement unless the invalid provision is so material that its
invalidity deprives either Party of the basic benefit of their bargain or renders this
Agreement meaningless.
X. Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties’ successors and assignees.
Y. Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this
Agreement be construed as conferring, any rights, including, without limitation, any rights
as a third-party beneficiary or otherwise, upon any entity or person not a party to this
Agreement.
Z. Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and
agrees that such Party is bound, for purposes of this Agreement, by the same.
AA. Corporate Authority. Each of the undersigned represents and warrants that (i) the
Party for which he or she is executing this Agreement is duly authorized and existing, (ii)
he or she is duly authorized to execute and deliver this Agreement on behalf of the Party
for which he or she is signing, (iii) by so executing this Agreement, the Party for which he
or she is signing is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to
which the Party for which he or she is signing is bound.
BB. Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
“CITY”
City of Palm Springs
Date:__________________________ By: _______________________________
David H. Ready , PhD
City Manager
APPROVED AS TO FORM: ATTEST
By: ___________________________ By: _______________________________
Jeffrey S. Ballinger Anthony Mejia
City Attorney City Clerk
APPROVED BY CITY COUNCIL:
Date: _______ Agreement No. _____
FRIENDS OF THE PALM SPRINGS ANIMAL SHELTER, a California non-profit
corporation
By By
Printed Name / Title Printed Name / Title
By By
Signature Signature
Exhibit “A”
Exhibit A
Site Plan of Animal Shelter
General Description: A 20,000 square feet animal shelter facility located on
approximately 3.2 acres at the southeast corner of Mesquite Avenue and Vella Road, as
shown below.
A site and floor plan is provided on the following page.
Exhibit “A”
Exhibit “B”
EXHIBIT B
(Recycled Water Requirements)
Recycled Water Requirements
The Palm Springs Animal Shelter utilizes reclaimed water for all kennel wash-down as
well as flushing of toilets and urinals. Use of reclaimed water inside of the building is
subject to applicable State regulations and to the City’s original permit CDPH Project No.
3390005-711, or any successor permits issued therefore.
Site Supervisor: Friends shall appoint a Recycled Water Site Supervisor at the facility who
will obtain training and certification on the operational practices related to recycled water.
The Site Supervisor’s contact information will be provided to the State Department of
Public Health and Desert Water Agency for emergency purposes. The Site Supervisor
shall be responsible for the following:
(a) Recycled water use in accordance with the Desert Water Agency, State
Department of Public Health and the Regional Water Quality Control Board
requirements and preventing potential violations of those guidelines; including
required start up, cross connection and backflow prevention testing; and
(b) Maintaining copies of applicable permits on-site, and
(c) Using Best Management Practices to eliminate irrigation runoff, overspray, and
ponding; and
(d) Operating, repairing, maintaining, and monitoring the recycled water system to
minimize failure of equipment and materials; and
(e) Knowledge of the basic concepts of backflow and cross-connection prevention,
system testing and related emergency procedures; and
(f) Ensuring that there are no cross-connections made between the drinking water
and recycled water systems; and
(g) Being present at all cross-connection tests; and
(h) Take action to contain any unauthorized discharge of recycled water; and
(i) Educating all maintenance personnel and volunteers on the proper use of recycled
water and reminding them that it is not approved for drinking, washing or cooking;
and
(j) Notifying Desert Water Agency immediately in the event of any recycled water line
break, spill, unauthorized discharge, cross-connection, fluctuation in piping system
pressure, major change in water quality or any other failures, violations and
emergencies that occur involving the recycled water or drinking water systems;
and
Exhibit “B”
(k) Notifying the Desert Water Agency of any signs designating landscape areas being
irrigated with the recycled water that need to be replaced; and
(l) Notifying the Desert Water Agency as to any change in ownership of the property;
and
(m) Obtaining prior approval from the Desert Water Agency for all proposed changes
and modifications to any on-site facilities.
Training: Friends will provide appropriate training for all staff and volunteers of the Animal
Care Facility in the correct operations and use of the existing recycled water system,
procedures for use of the SMT Wash-down system, and the facilities other uses of
recycled water. Only trained staff and volunteers will be allowed to operate the SMT
kennel wash-down system. The SMT water supply, in public areas, will be through locked
control boxes. The public will be restricted from access to the SMT water supply.
Contacts:
(a) Desert Water Agency: P.O. Box 1710, Palm Springs, Ca. 92264, (760) 323-4971
(b) State Department of Public Health: 1350 Front Street, Room 2050, San Diego, Ca.
92101, (916) 558-1784
(c) Regional Water Quality Control Board: 73-720 Fred Waring Dr., Palm Desert, Ca.
92260, (760) 346-7491