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HomeMy WebLinkAboutA6734 - RIVERSIDE COUNTY, Dept of Animal ServicesAMENDMENT NO. 1 TO THE ANIMAL SERVICES AGREEMENT County of Riverside Animal Services and the City of Palm Springs This Amendment No. 1 to the Animal Services Agreement ("Amendment") is made and entered into this 1st day of July, 2016, by and between the County of Riverside, a political subdivision of the State of California ("COUNTY"), through its Department of Animal Services, and the City of Palm Springs, California, a California Charter City ("CITY"). RECITALS A. COUNTY and CITY have entered into a month to month Animal Services Agreement, for Emergency Stand-by Animal Field Services ("Agreement"). B. COUNTY and CITY are agreeable to modifying certain terms and conditions to the Agreement, to extend the agreement for a one-year period. AGREEMENT In consideration of the promises and covenants contained in this Amendment and other good and valuable consideration, the COUNTY and the CITY agree: SECTION 1. Section 2 of the Agreement (titled "Period of Performance"), is amended to read: 2. PERIOD OF PERFORMANCE: The emergency Stand-by Animal Field Services as referenced in Exhibit A of this Agreement shall be effective on August 10, 2015, and continue month to month through June 30, 2017, or until terminated as specified in Section 7, TERMINATION. SECTION 2. COUNTY and CITY agree that the terms of the Agreement, shall remain unchanged and in full force and effect, except as specifically provided in this Amendment. SIGNATURES ON THE FOLLOWING PAGE] Animal Services Agmt. Amend. No. 1 JPage1of2JUN0720116 In witness whereof, COUNTY and CITY have executed and entered into this Amendment as of the date first written above. CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE A California Charter City David H. Ready, City Mapa Joh . Ben , Chairman Bo d of Supervisors ATTEST: ATTEST: mes Thompson, City Clerk Kecia Harper-Ihem, C erk of t e Bo rd 111 APPROVED BY CITY MANAGER it\w n A elk. Qrm }o b 3o 1oh1t1 APP AS TM TY ATTORNEY I/l DATE• L Animal Services Agmt. Amend. No. 1 FORM Mr rn!' OOU EL Page 2 of 2 Syzjul RRTSTIRE BFLL-V/,LU COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES FOR COUNTY USE ONLY 0 F kip COUNTY DEPT/DIVISION: CONTRACT NO. RFP NO. 4A *ar'* Animal Services 15-020 J FUND: DEPARTMENT ID:PROJECT-GRANT: ACCOUNT: C * s 10000 420-060-2200 773220 J t CONTRACT AMOUNT:82 per hour with a 2 hour minimum call out PERIOD OF PERFORMANCE: August 10, 2015 month to month through 43 June 30, 2016 or termination qy9 1 $ COUNTY CONTACT :CONTRACTOR REPRESENTATIVE: Robert Miller, Director David H. Ready, City Manager 951) 358-7442 760) 322-8362 PROGRAM NAME: Emergency Stand-by Animal Field Services This agreement is made and entered into by and between the County of Riverside, a political subdivision of the State of California,through its Department of Animal Services, hereinafter referred to as COUNTY, and City of Palm Springs, hereinafter referred to as CITY. WITNESSETH: WHEREAS,the CITY is desirous of contracting with COUNTY to provide temporary emergency animal control services pursuant to this contract for the purpose of safeguarding the health and safety of the population of the City of Palm Springs, and the health and safety of its domestic animals for the purpose of promoting the humane treatment of animals; and WHEREAS,the CITY wishes to comply with state mandates regarding animal control; and WHEREAS,COUNTY has the personnel and experience to provide such animal field services and is willing to enter into a contract with CITY for the provision of such services subject to the terms and conditions and for the compensation as hereinafter set forth. NOW THEREFORE in consideration of the mutual promises, covenants and conditions hereinafter contained, the Parties hereto mutually agree as provided on pages lthrough 4, Exhibit A consisting of 3 pages, and Exhibit B consisting of 1 page, attached hereto and incorporated herein. COUNTY CITY BY`i Marion Ashley, Chairman, Board of Supervis Vt3 1-F . eAD Date SEP 012015 By-JasaES` Print mePrintName TTEST: Kecia Harper-]hem, Clerk By Date Og oto(20tS f e 7a ffcC4'Mb "026,cm Gv17a4oV T F2t og- 'A.Wpc''-1 SEP 012015 -jJ(4 E7 COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES FOR COUNTY USE ONLY p F /2 COUNTY DEPT/DIVISION: CONTRACT NO. RFP NO. VF Animal Services 15-020 J FUND: DEPARTMENT ID:PROJECT-GRANT: ACCOUNT: C 10000 420-060-2200 773220 CONTRACT AMOUNT: 82 per hour with a 2 hour minimum call out PERIOD OF PERFORMANCE: August 10,2015 month to month through A qg June 30, 2016 or termination y9 8 COUNTY CONTACT :CONTRACTOR REPRESENTATIVE: Robert Miller, Director David H. Ready, City Manager 951) 358-7442 760) 322-8362 PROGRAM NAME: Emergency Stand-by Animal Field Services This agreement is made and entered into by and between the County of Riverside, a political subdivision of the State of California,through its Department of Animal Services, hereinafter referred to as COUNTY, and City of Palm Springs, hereinafter referred to as CITY. WITNESSETH: WHEREAS, the CITY is desirous of contracting with COUNTY to provide temporary emergency animal control services pursuant to this contract for the purpose of safeguarding the health and safety of the population of the City of Palm Springs, and the health and safety of its domestic animals for the purpose of promoting the humane treatment of animals; and WHEREAS,the CITY wishes to comply with state mandates regarding animal control; and WHEREAS,COUNTY has the personnel and experience to provide such animal field services and is willing to enter into a contract with CITY for the provision of such services subject to the terns and conditions and for the compensation as hereinafter set forth. NOW THEREFORE in consideration of the mutual promises, covenants and conditions hereinafter contained,the Parties hereto mutually agree as provided on pages lthrough 4, Exhibit A consisting of 3 pages, and Exhibit B consisting of 1 page, attached hereto and incorporated herein. COUNTY CITY By Marion Ashley, Chairman, Board of Supervisors DAVkD tf- lZaAD Date gyJq.MES Tt-IoMA sol-A Print Name ATTEST: Kecia Harper-Them, Clerk By Date M5lD/prZO/S oar-M E-OL uu:a zs aWr+aow Fie A-fP2o A-1- 15-02 1. COUNTY OBLIGATIONS: COUNTY shall provide all services as outlined and specified in Exhibit A, Scope of Emergency Stand-by Animal Field Services attached hereto and by this reference 3 incorporated herein. 4 2. PERIOD OF PERFORMANCE: 5 The Emergency Stand-by Animal Field Services as referenced in Exhibit A of this Agreement shall be effective on August 10, 2015 and continue month to month through June 6 30, 2016 or until terminated as specified in Section 7, TERMINATION. 7 3. COMPENSATION: s In consideration of services provided by COUNTY pursuant to Exhibit A, COUNTY shall be entitled to receive payment as specified in Exhibit B, Payment Provisions attached hereto and 9 incorporated herein by this reference. 10 4. AVAILABILITY OF FUNDING: u It is mutually agreed and understood that the obligation of the CITY is limited by and contingent upon the availability of CITY funds for the reimbursement of COUNTY's fees. 12 In the event that such funds are not forthcoming for any reason, CITY shall immediately 13 notify COUNTY in writing. COUNTY shall be entitled to reimbursement of costs for work performed, in accordance with EXHIBIT B. 14 5. HOLD HARMLESSANDEMNIFICATION: 15 5.1 CITY shall indemnify and hold harmless the County of Riverside, its Agencies, 16 Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives 17 from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives 18 arising out of or in any way relating to this Agreement, including but not limited to 19 property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the actions by 20 CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but21 not limited to attorney fees, cost of investigation, defense and settlements or awards 27 of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and 23 appointed officials, employees, agents and representatives in any such action or claim 24 or action based upon such alleged acts or omissions. 5.2 With respect to any action or claim subject to indemnification herein by CITY, CITY 25 shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior 26 consent of COUNTY; provided, however, that any such adjustment, settlement 27 or compromise in no manner whatsoever limits or circumscribes CITY's indemnification to COUNTY as set forth herein. CITY's obligation to defend, 28 indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and 15-02 1 1. COUNTY OBLIGATIONS: 2 COUNTY shall provide all services as outlined and specified in Exhibit A, Scope of Emergency Stand-by Animal Field Services attached hereto and by this reference 3 incorporated herein. 4 2. PERIOD OF PERFORMANCE: 5 The Emergency Stand-by Animal Field Services as referenced in Exhibit A of this Agreement shall be effective on August 10, 2015 and continue month to month through June 6 30,2016 or until terminated as specified in Section 7, TERMINATION. 3. COMPENSATION: 8 In consideration of services provided by COUNTY pursuant to Exhibit A, COUNTY shall be entitled to receive payment as specified in Exhibit B, Payment Provisions attached hereto and 9 incorporated herein by this reference. 10 4. AVAILABILITY OF FUNDING: 11 It is mutually agreed and understood that the obligation of the CITY is limited by and contingent upon the availability of CITY funds for the reimbursement of COUNTY's fees. 12 In the event that such funds are not forthcoming for any reason, CITY shall immediately 13 notify COUNTY in writing. COUNTY shall be entitled to reimbursement of costs for work performed, in accordance with EXHIBIT B. 14 S. HOLD HARMLESS/INDEMNIFICATION: 15 5.1 CITY shall indemnify and hold harmless the County of Riverside, its Agencies, 16 Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives 17 from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives 1 s arising out of or in any way relating to this Agreement, including but not limited to 19 property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the actions by 20 CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but 21 not limited to attorney fees, cost of investigation, defense and settlements or awards 22 of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and 23 appointed officials, employees, agents and representatives in any such action or claim 24 or action based upon such alleged acts or omissions. 5.2 With respect to any action or claim subject to indemnification herein by CITY, CITY 25 shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior 26 consent of COUNTY; provided, however, that any such adjustment, settlement 27 or compromise in no manner whatsoever limits or circumscribes CITY's indemnification to COUNTY as set forth herein. CITY's obligation to defend, 28 indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and FORM APP OVF,,POUNTY COUNSE BYDATE- r I 15-02 1 2 reasonable assistance, at CITY's expense, for the defense or settlement thereof. CITY's obligation hereunder shall be satisfied when CITY has provided to 3 COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. 4 5.3 The specified insurance limits required in this Agreement shall in no way limit or 5 circumscribe CITY's obligations to indemnify and hold harmless COUNTY herein from third party claims. 6 5.4 COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, 7 Special Districts and Departments,their respective directors, officers, governing bodies, elected and appointed officials, employees, agents and representatives from g any liability whatsoever, based or asserted upon any negligent or willful misconduct of COUNTY its officers, employees, subcontractors, agents or representatives arising 9 out of or in any way relating to this Agreement, including but not limited to property 10 damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance by COUNTY, its officers, agents, employees, 11 subcontractors, agents or representatives of this Agreement. COUNTY shall defend at its sole expense, all costs and fees including but not limited to attorney fees, cost of 12 investigation, defense and settlements or awards of all Agencies, Districts, Special 13 Districts and Departments of the CITY, their respective directors, officers, governing body, elected and appointed officials, employees, agents and representatives in any 14 claim or action based upon such negligent or omissions. 5.5 With respect to any action or claim subject to indemnification herein by COUNTY, 15 COUNTY shall, at its sole cost, have the right to adjust, settle, or compromise any 16 such action or claim without the prior consent of CITY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or t7 circumscribes COUNTY's indemnification to CITY as set forth herein. COUNTY's obligation to defend, indemnify and hold harmless CITY shall be subject to CITY 18 having given COUNTY written notice within a reasonable period of time of the claim 19 or of the commencement of the related action, as the case may be, and information and reasonable assistance, at COUNTY's expense, for the defense or settlement 20 thereof. COUNTY's obligation hereunder shall be satisfied when COUNTY has 21 provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved. 22 5.6 The specified insurance limits required in this Agreement shall in no way limit or circumscribe COUNTY's obligations to indemnify and hold harmless the CITY 23 herein from third party claims. za 6. INSURANCE: COUNTY agrees to maintain the following insurance coverage's 25 during the term of this Agreement: 6.1 Workers' Compensation: 26 COUNTY shall maintain Workers' Compensation Insurance (Coverage A) as 27 prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than 28 1,000,000 per person per accident. 6.2 Commercial General Liability: COUNTY shall maintain Commercial General Liability insurance coverage for claims 2 which may arise from or out of COUNTY's performance under this Agreement. 15-02 This coverage shall have a limit of liability not less than $1,000,000 per 2 occurrence combined single limit. 6.3 Vehicle Liability: 3 COUNTY agrees to maintain automobile liability insurance for vehicles provided by 4 the COUNTY for use under this Agreement. This coverage shall have a limit of liability of not less than $1,000,000 combined single limit. 5 6.4 General Insurance Provisions -All lines: 6.4.1 Any insurance carrier providing insurance coverage hereunder shall be 6 admitted to the State of California and have an A M BEST rating of not less 7 than A: VIII (A:8). 6.4.2 The insurance requirements contained in this Agreement may be met with 8 a program(s)of self-insurance. 9 7. TERMINATION: 10 CITY and COUNTY reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days advance written notice stating the extent and effective t t date of termination. Upon receipt of any notice of termination from CITY, COUNTY shall immediately cease all services hereunder except such as may be specifically approved in 12 writing by CITY and COUNTY. COUNTY shall be entitled to compensation for all services 13 rendered prior to termination and for any services authorized in writing by CITY thereafter. 14 8. FORCE MAJEURE; 8.1 In the event the COUNTY is unable to comply with any provision of this Agreement 15 due to causes beyond their control such as acts of God, acts of war, civil disorders, or 16 other similar acts, COUNTY will not be held liable to CITY for such failure to comply. 8.2 In the event CITY is unable to comply with any provision of this Agreement due to 17 causes beyond their control such as acts of God, acts of war, civil disorders, or other is similar acts, CITY will not be held liable to COUNTY for such failure to comply. 19 9. ALTERATION; No alteration or variation of the terms of this Agreement shall be valid unless made in 20 writing and signed by the parties hereto, as authorized by their respective governing bodies, 21 and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 22 10. SEVERABILITY: 23 If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, 24 void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 25 11. RECORDS: 26 COUNTY shall maintain and keep records of all expenditures and obligations incurred 27 pursuant to this contract and all income and fees received thereby according to generally recognized accounting principles. Such records and/or animal control operations of 28 COUNTY shall be open to inspection and audit by CITY or its authorized representative as is deemed necessary by the CITY Manager or the authorized representative of the CITY Manager upon reasonable notice to COUNTY. 3 15-02 1 12. NO THIRD PARTY BENEFICIARY: 2 This contract between CITY and COUNTY is intended for the mutual benefit of the two signing parties only. No rights are created under this contract in favor of any third party 3 or any party who is not a direct signatory to this contract. 4 13. NONDISCRIMINATION: 5 During the performance of this contract, COUNTY agrees that it shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical 6 disability, mental disability, medical condition including the medical condition of 7 Acquired Immune Deficiency Syndrome(AIDS) or any condition related thereto, marital status, sex or sexual orientation in the selection and retention of employees and s subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the Government Code of the State of California. Further, COUNTY 9 agrees to conform to the requirements of the Americans with Disabilities Act in the 10 performance of this contract. 11 14. VENUE: Any action at law or in equity brought by either of the parties hereto for the purpose of 12 enforcing a right or rights provided for by this contract shall be tried in a court of 13 competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings 14 to any other county. In the event either party hereto shall bring suit to enforce any term of this contract to recover any damages for and on account of the breach of any term 15 or condition of this contract, it is mutually agreed that the prevailing party in such action 16 shall recover all costs thereof including reasonable attorneys' fees to be set by the court in such action. 17 15. ASSIGNMENT: is It is mutually understood and agreed that this contract shall be binding upon COUNTY 19 and its successors. Neither this contract nor any part thereof nor any moneys due or to become due hereunder may be assigned by COUNTY without the prior written consent 20 and approval of CITY. CITY and COUNTY hereby agree to the full performance of the covenants contained herein. 21 22 16. AMENDMENTS: Any amendments, including any supplements, to this contract shall be in writing and 23 shall have the approval of the Board of Supervisors of COUNTY and the CITY 24 Council. This is the entire contract for Animal Field and Shelter Services and supersedes any prior written or oral contract inconsistent herewith. Any amendment will be presented 25 to the City Manager prior to CITY Council approval. 26 17. NOTICES: 27 All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed 28 submitted one day after their deposit in the United States mail, postage prepaid: 4 COUNTY: CITY: 15-02 1 Department of Animal Services City of Palm Springs 2 6851 Van Buren Boulevard 3200 E. Tahquitz Canyon Way Jurupa Valley, CA 92509 Palm Springs, CA 92262 3 Attention: Director Attention: City Manager 4 or to such other address(es) as the parties may hereafter designate in writing. 5 //////// 6 7 8 9 10 I 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 5 15-02 CITY OF PALM SPRINGS 2 EXHIBIT A SCOPE OF EMERGENCY STAND-BY ANIMAL FIELD SERVICE 3 4 The County of Riverside, hereinafter referred to as COUNTY, agrees to provide the following emergency stand-by animal field services for the City of Palm Springs, hereinafter referred to as 5 CITY: 6 1. Definition of Field Services: The Emergency Stand-by Animal Field Services to be 7 provided by COUNTY for CITY within the corporate limits of the CITY shall include but not be limited to the following activities: 8 1.1 Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in this Exhibit. 9 1.2 Impoundment: Impound any animals involved in events where the Palm Springs W Police Department or Palm Springs Police Department Animal Control requests assistance. Impounded animals from such emergency calls for service will be taken n by the responding COUNTY Animal Control Officer to the Palm Springs Animal Shelter located at 4575 E. Mesquite Ave. Palm Springs CA for housing and 12 care. 13 1.3 Proper Care and Treatment: Provide care and treatment to any stray or abandoned animal in accordance with State law and local ordinances. 14 1.4 Animal Bites: Investigate reported bites by animals. COUNTY shall respond in person to all reported bites by dogs or by suspected rabid or wild Animals. As part of 15 this response, COUNTY shall contact and interview the bite victim (or the victim's 16 parent(s) or guardian(s) in the case of a minor)as part of the bite investigation procedure. 17 1.5 Quarantine: Quarantine, as prescribed by State law and COUNTY Ordinances as codified under Riverside COUNTY Code Title 6, or any successor thereto 1s hereinafter referred to as"Riverside COUNTY Code Title 6") all animals suspected 19 to be rabid and/or that have bitten a person or other animal. 1.6 Stray and Barking Animal Complaints: Respond to and process stray and barking 20 animal complaints as referenced in Riverside COUNTY Code Title 6 or appropriate CITY ordinance. 21 1.7 Dead Animals: Remove dead Animals from the public right-of-way except in such 22 cases where the Animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately(or as soon as reasonably practicable) notify by 223 telephone, facsimile, electronic mail transmission or other means the State of 24 California's Department of Transportation. 1.8 Return of Impounded Animals: Encourage the return of any lost/stray Animal 25 impounded by field personnel) to the rightful owner in the field, subject to the payment of impound fees. 26 1.9 Issuance of Warnings and Citations: Enforce all appropriate provisions of 27 Riverside COUNTY Code Title 6 including the issuance of warning notices or citations as necessary for violations of the provisions of said Riverside COUNTY 28 Code Title 6, State law or CITY municipal codes. 1.10 Service to Public: Provide service to the public on matters covered in this contract consistent with established policies and procedures that promote courteous and 6 efficient service and good public relations. Other policies and procedures 15-02 notwithstanding, COUNTY, in processing any type of complaint or request for 2 service, will indicate to the caller that a response can be expected as per Section 6 below. 3 4 2. Provision of Vehicles and Radio Equipment: COUNTY shall provide animal control vehicle(s) with the appropriate animal control boxes mounted on the truck chassis and with 5 an air conditioning unit mounted on the animal control truck boxes for use to provide contract services. The COUNTY shall equip fuel and maintain said vehicles. 6 7 3. Missing or Stolen Animals: COUNTY shall file a report with the Riverside Sheriff's Department within 24 hours if an impounded Animal is missing or suspected to have been 8 stolen from an animal control vehicle or while in COUNTY custody. COUNTY shall indicate on the police report the circumstances of the Animal's disappearance. 9 10 4. Priority of Field Services: 4.1 Definitions: Services are those enforcement activities rendered by COUNTY 11 pursuant to the relevant sections of Riverside COUNTY Code, Title 6 and related State and CITY codes and are assembled for expediency into two categories: 12 Emergency and Non-Emergency. Priority Ranking refers to the order of priority 13 with which a call will be handled. All calls will go directly to the dispatcher or assigned clerical staff for relay to the Animal Control Officer. If a call is 14 exceptional," as defined in Section 4.4 of this Exhibit, it will be referred to the Supervisor for evaluation and processing. 15 Field service activities will be performed daily and generally based upon the 16 priority ranking and based on limited service hours in accordance with contract or part-time officer. All calls involving imminent danger scenarios will be 17 responded to within 60 minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other uncontrollable 18 circumstances. 19 An Animal Control Officer will respond to animal medical emergencies and other emergencies involving danger to humans within 30 minutes or less during regular 20 service hours, Monday through Friday, and within 60 minutes or less on Saturdays 21 and Sundays and after regular service hours and holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances 22 uncontrollable by the COUNTY. COUNTY shall provide a means for responding to calls for service that take place 23 during limited service periods(as defined below) which are of an emergent nature 24 pursuant to this Exhibit. Field service personnel shall be assigned to patrol and other service field tasks as defined by COUNTY and CITY. 25 The following definitions of"regular service hours," "limited service"and holidays"are intended to identify the broad time frames during which specific levels 26 of service will be provided. "Regular Service Hours" shall be deemed to mean 27 between the hours of 7:30 am to 5:00 pm, Monday through Friday, holidays excepted. Limited service"shall be deemed to mean between the hours of 5:00 pm to 7:30 am, 28 Monday through Friday, all day Saturday, Sunday and on holidays. "Holidays"as herein shall be those as established by the COUNTY and the CITY. The COUNTY shall answer all telephone calls for Field Services during phone center operational 7 hours. Calls shall be received by the COUNTY answering service after hours ands holidays, as noted above. Calls answered by the answering service will be handled on 2 an emergency basis as outlined in this Exhibit. The dispatcher and/or clerical support staff shall maintain a detailed record of all requests, for service, both 3 emergency and routine, received during regular service hours and after regular service 4 hours, including time and date, when the calls were answered and the disposition of those calls. Records of these calls shall be maintained for at least thirty(30) days. 5 The CITY and COUNTY agree that any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, wild, 6 injured or sick animal constitute an emergency and require immediate action by the 7 COUNTY pursuant to this contract. Calls for service received after normal business hours that are not of an emergent 8 nature shall be answered by an answering service and referred to call back on the next business day during phone center operational hours. These calls will then be 9 scheduled for response in accordance with this Exhibit. 10 4.2 Calls considered as Emergencies to be handled Without Delay: 11 4.2.1 Animals endangering health or safety of the community. 4.2.2 Police Department requests for service. 12 4.2.3 Sick or injured stray animals. 13 4.2.4 Animals in distress. 4.2.5 Humane investigations—life threatening. (Depending on immediate 14 circumstance) 4.2.6 Pick-up and transport of animals from Palm Springs Police Department events 15 involving animals to the Palm Springs Animal Shelter 16 4.2.7 Pick-up and transport of injured animals from Palm Springs Police Department events to the VCA Valley Emergency Animal Hospital located at 17 46920 Jefferson St. Indio, CA. 4.3 Calls Considered as Non-Emergency to be handled during Regular Business 18 Hours: 19 4.3.1 Pick-up confined, healthy, stray-animals. 4.3.2 Dead animal removal. 20 6.3.3 Quarantine investigations. 4.4 Exceptions: 21 The Animal Control Director or the deputies of the Animal Control Director may, 22 on a case-by-case basis, authorize variations of priority when circumstances require. COUNTY shall provide a written report within five (5) business days of making a 23 determination that a variation in priority was required. Qualifying incidents will be determined by the responding officer. 25 26 27 28 8 15-02 I 2 CITY OF PALM SPRINGS EXHIBIT B 3 PAYMENT PROVISIONS 4 CITY shall pay to COUNTY on a monthly basis in arrears, with a monthly billing and 5 accounting thereof by COUNTY to CITY those fees as established by County of Riverside Ordinance 630; relative to the services to be performed under this Agreement as follows: 6 1. Animal Field Services: 7 1.1 1 Hourly Standby Animal Control Offiegk:,$W per,ho i *4Jfiunui 2 hr,fall out) s To be billed based oti actual usage, Estimated total based dh past experience: Rates are subject to change as adopted by tlie'Board ofSu petvisot 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 9