1 CITY OF BARSTOW
AGREEMENT FOR
ANIMAL CONTROL SERVICES
THIS AGREEMENT, made and entered into as of this 18th day of July, 2022, by and between the CITY OF BARSTOW, a municipal corporation (hereinafter referred to as “City” and the BARSTOW HUMANE SOCIETY, INC. (hereinafter referred to as “Society”).
WITNESSETH
WHEREAS, the Society is currently providing animal shelter and 24-hour animal control services for the City; and
WHEREAS, the City desires to maintain the services provided by Society and use the services, plant equipment facilities and supplies of Society in the enforcement and performance of the powers and duties of the Humane Officer / Animal Control Officer as set forth in Title 8 of the Barstow Municipal Code (“Code”), as amended from time to time for expanded animal control services; and
WHEREAS, the Society is willing to provide such services, supplies, materials and use of its plant, equipment and facilities in the enforcement and performance of said powers and duties and provide animal control services herein stated; and NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, City and Society do hereby agree as follows:
SECTION 1. TERM.
A. The services provided pursuant to this Agreement shall be for an initial period of five (5) years beginning July 1, 2022, and ending June 30, 2027 (“initial term”).
B. Upon mutual consent of the parties, set forth in a written notice not less than 90 days prior to the expiration of the Agreement, the initial term may be extended for an additional 5-year term, beginning July 1, 2027 and ending June 30, 2032 (“first extended term”).
C. Upon mutual consent of the parties, set forth in a written notice not less than 90 days prior to the expiration of the first extended term, the term of the Agreement may be extended for a second 5-year term, beginning July 1, 2032 and ending June 30, 2037 (“second extended term”).
2 SECTION 2. APPOINTMENT. City appoints Society as the Humane Officer / Animal Control Officer of the City of Barstow for the term of this Agreement, and hereby authorizes, directs and empowers Society to perform during the term of this Agreement all the powers and duties conferred and imposed upon the Humane Officer / Animal Control Officer by the Code, and applicable City policies and regulations, Barstow Police Department policies and regulations, and state laws and regulations, as they may be amended from time to time.
SECTION 3. ACCEPTING OF APPOINTMENT. Society shall during the term of this Agreement perform all the powers and duties conferred and imposed upon the Humane Officer / Animal Control Officer, in compliance with all applicable City policies and regulations, Barstow Police Department policies and regulations, and state laws and regulations, as they may be amended from time to time. This includes, but is not limited to, compliance with City and Police Department policies on ethics and professionalism, treatment of the public, the prohibition and discrimination and harassment, and proper use of authority, uniforms, and the police power.
At the request of Society, City shall provide periodic training to the Humane Officer / Animal Control Officer (including animal control officers employed by Society) through its Police Department or Code Enforcement Officers regarding applicable City and Police Department policies and regulations to be enforced by Society.
SECTION 4. DEPUTY HUMANE OFFICER. If necessary, Society may appoint Deputy Humane Officer(s). Any appointed Deputy Humane Officers are bound by and must comply with all terms of this Agreement.
SECTION 5. CITY ANIMAL SHELTER SERVICES. Society shall furnish and maintain during the term of this Agreement a building or enclosure, to be known and designated as the “City Animal Shelter” which shall be suitable for the keeping and safeholding of all animals which are by law subject to impound. Society will provide adequate shelter, maintain at all times sufficient employees necessary to care for the animals, and provide emergency veterinary services at the City Animal Shelter.
The City Animal Shelter shall be open to the public during regular business hours on Tuesday through Friday, 10:00 a.m. to 5:00 p.m., and Saturday, 9:00 a.m. to 4:00 p.m.
The City Animal Shelter shall be closed Sundays, Mondays, and on the following holidays: New Years Day, Christmas Day, Thanksgiving Day, and the 4th of July.
Services available to the public during regular business hours include, but are not limited to:
A. Acceptance of and care for animals surrendered to the Animal Shelter; B. Adoption of animals surrendered or unclaimed by their owner; C. Sale of cat and dog traps to the public;
D. Appropriate processing of any bite reports made to Society by a member of the public;
E. Response to calls for aggressive, animal pick up (stray or injured dog or cat) 3 SECTION 6. PICK-UP SERVICES. Society shall pick up and impound stray animals within City limits, pick up and impound at the request of any resident any other animal within the City that may be lawfully impounded, shall enforce all Code provisions and state laws pertaining to impound of animals, except that any court proceedings shall be handled by the City and City Attorney, with the assistance of Society.
SECTION 7. RESPONSE TO SERVICE REQUESTS. Society shall respond to requests for animal control service, during regular business hours (as set forth in Section 5 above). Society shall respond to requests by residents who telephoned City’s Police Dispatch center or other City office or directly telephone the Society’s dispatch center. Society shall also respond to requests for animal control services made by City police officers or other City officials. City shall promptly notify Society of requests received by City for animal control services. Upon notification by the City’s Police Dispatch staff, Society shall provide pick-up emergency service 24-hours per day, seven days per week, for sick or injured animals, animals involved in biting cases, and animals, including vicious animals running at large.
SECTION 8. RESPONSE TIME. Society shall establish categories of requests for service (e.g. emergency, priority, routine) through its dispatch policies. Society shall respond to requests from residents or City officials for animal control services including pick-up services, pursuant to the following response schedule:
A. Society shall respond to emergency animal control calls and arrive on scene within 30 minutes of receipt of such calls.
B. Society shall respond to any routine call within two (2) hours of receipt or if appropriate, schedule an appointment with the requesting party.
C. In the event of an emergency, Society may be unable to respond within the above prescribed time periods. In such cases, Society shall respond within a time that is reasonably appropriate for the emergency. “Emergency” is defined as any local, state or federal declared emergency or any event which causes society to evacuate its own facilities including the City Animal Shelter, or affects the health, safety and well-being of animals residing in the City Animal Shelter.
SECTION 9. SPAYING AND NEUTERING. Society shall require spaying/neutering of any dog or cat prior to adoption (Spaying and neutering fees shall be borne by the party adopting the animal). Society shall enforce the provisions of Barstow Municipal Code Section 8.20.010 (requiring the spaying and neutering of Pit Bulls) including requiring the spaying/neutering of any Pit Bull (as defined by the Code) which has been impounded due to the owner’s violation of Barstow Municipal Code Section 8.20.010, at the owner’s expense prior to release of the animal to its owner, or a citation will be issued. City shall not be entitled to receive any portion of any adoption or spaying/neutering fees collected by Society.
4 SECTION 10. LICENSING OF DOGS. Society shall issue licensing for dogs, as mandated by Chapter 8.12 of the Code. Fees charged for licensing and tags shall be as set by City Council resolution.
Society shall maintain records of all dog licenses until one year after having been advised in writing by the owner that the dog is deceased.
Society shall perform regular marketing and canvassing activities to promote awareness and increase enforcement of mandatory dog licensing requirements under the Code and state laws and regulations. Society shall maintain copies of its marketing and canvassing materials.
SECTION 11. INVESTIGATION. Society shall assist the City in the investigation of all cruelty to animal charges and complaints brought to the attention of Society by any person. Society shall conduct follow-up visits on all complaints and shall attempt to resolve complaints among residents on an informal basis.
SECTION 12. ANIMAL BITES. Society shall investigate animal bite cases referred to Society and, as required, shall hold in quarantine the biting animal at its owner’s expense and monitor for rabies. (Society shall transport dead animals which have been involved in bite incidents to the County Health Office for rabies testing.) SECTION 13. DECEASED ANIMALS. Except as provided in Section 12 (“Animal Bites”), Society shall dispose of carcasses of all animals that come into its possession or that of the Humane Officer or its designee in the performance of the powers conferred and the duties imposed by the Code. Society will also pick up and dispose of any dead animal within the City and pickup and dispose of all dead wild animals and dead domestic animals from public streets and public property. Society may impose a reasonable charge to the owner of the dead animal for picking up and disposing of such animal from private property. The schedule of charges shall be set by City Council Resolution.
SECTION 14. ADMINISTRATIVE CITATIONS. Society shall enforce Title 8 of the Code entitled “Animals.” Society represents that all officers that patrol the city, respond to service requests, conduct investigations and conduct pick-up service shall be “animal control officers” as defined by Section 830.9 of the California Penal Code and at least one of its animal control officers shall be qualified as a humane officer / animal control officer pursuant to Section 14502 of the California Corporations Code. Notwithstanding any authority to the contrary as set forth in Title 8 of the Code, all officers employed by Society are limited to enforcement of the Code through the administrative citation process pursuant to Chapter 6.30 of the Code. City shall furnish Society with a sufficient quantity of citation forms/administrative citation forms to perform this service.
SECTION 15. HEALTH DEPARTMENT QUARANTINE. When directed by the County Health Officer, Society shall pickup, accept, care for and maintain in custody 5 any animal from within the City limits to be held for observation by the County Health Officer and to maintain such animal in an individual kennel away from contact with other animals during the time so held. In addition, at the discretion of the Society, in-home quarantine of specified animals shall be allowed. Owners shall be charged a fee for such care and quarantine as set by City Council Resolution.
SECTION 16. DISASTER RESPONSE. In the case of a local, state or national disaster that affects the health, safety and well-being of animals residing in the City, Society shall assist City with its disaster response and evacuate animals if necessary and to the extent Society may reasonable do so.
SECTION 17. RELOCATION OF WILD ANIMALS. If Society encounters any wild animal prohibited by the Code during the performance of this Agreement, Society shall relocate the wild animal, consistent with state law and regulations.
SECTION 18. USE OF CERTAIN RESTRAINING DEVICES. Society shall not use taser devices in the commission of its duties under this Agreement. If requested by Society, the City Police Department shall provide periodic training to the Humane Officer / Animal Control Officer (including animal control officers employed by Society) on the proper use of pepper spray in subduing an animal during pick up. Upon successful completion of this training, Society may purchase pepper spray through the City and the Humane Officer / Animal Control Officer and his/her deputies and animal control officers may use pepper spray when necessary, as consistent with the training.
SECTION 19. INSPECTION. Society shall inspect pet shops, grooming parlors and boarding kennels for compliance with local ordinance and state laws.
SECTION 20. INDEMNITY. To the full extent permitted by law and by a court of competent jurisdiction or written agreement between the parties, Society covenants not to sue and shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation resulting from the performance of this Agreement by Society, its employees, representatives, subcontractors, agents and officials, or any Society activity on or use of City’s premises or facilities or from any acts, errors or omissions, including, without limitation, professional negligence, of Society, its employees, representatives, subcontractors, or agents.
SECTION 21. INSURANCE. Society shall, at its own cost and expense, promptly secure after execution of this Agreement the following insurance:
A. Comprehensive general liability insurance under a standard ISO-CGL form with a combined single limit of $1,000,000 for each occurrence and in the aggregate. Coverage is required to be maintained throughout the term of this Agreement.
6 B. Comprehensive automobile liability insurance for any owned, non-owned and hired vehicle used in the connection with the performance of this Agreement under standard ISO form including 1 auto coverage with limits of not less than $500,000.
C. Worker’s Compensation insurance as required by law. Compliance is accomplished in one of the following manners:
1. Provide copy of permissive self-insurance certificate approved by the State of California; or
2. Secure and maintain in force a policy of workers’ compensation insurance with minimum statutory limits and Employee’s Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its employees, agents, officials and volunteers for losses arising from performance of this Agreement; or
3. Provide a “waiver” form certifying that no employees subject to the Labor Code’s Workers’ compensation provisions will be used in performance of this Agreement.
D. Each policy of insurance required hereunder shall:
1. Provide that the coverages are primary to any other applicable insurance coverages carried by the additional insureds;
2. Be issued by an insurance company which is admitted to do business in the State of California, and which is rated “A VII” or better in the current edition of Best’s Insurance Guide;
3. Contain an endorsement providing that the policy shall not be cancelled, reduced, or otherwise modified without the insurance carrier giving the City a minimum of thirty (30) days prior written notice;
4. Name the City as an additional insured party.
E. Society shall submit to City a certificate of insurance and endorsements for each policy not less than one (1) day prior to beginning of performance under this Agreement. Each certificate shall be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by the City. City may require complete certified copies of any or all policies at any time.
F. Failure to maintain required insurance at all times shall constitute a default and material breach of this agreement. In such event, Society shall immediately notify city and cease all performance under this Agreement until further directed by the City other than caring for animals impounded or quarantined at Society’s shelter prior to termination. In the absence of satisfactory insurance coverage, City shall have the option to immediately terminate this Agreement.
7 SECTION 22. COMPENSATION. In consideration for all services provided to the City under this Agreement, City shall pay Society a total sum of $266,554 annually, payable in 12 monthly installments of $22,212.83 for the initial term. A cost of living adjustment (COLA) shall be added to the base compensation on July 1, 2023, and subject to Council approval, each July 1st for 2024, 2025, 2026 and 2027. The COLA shall equal the percentage change between calendar years in the consumer price index (CPI) Riverside-San Bernardino-Ontario, published by the United States Department of Labor.
In addition, Society shall be entitled to retain all of the revenue collected from impound fees, licensing fees, and other animal control related fees imposed during the performance of this Agreement. Any fees charged by the Society shall be set forth by City Council Resolution.
SECTION 23. ANNUAL BUDGET AND OTHER REPORTS. Society shall provide the City with a copy of its prospective annual budget in January of each calendar year. By December 30th of each year of this Agreement, Society shall provide to the City Manager copies of its financial reports covering each fiscal year under this Agreement. Should Society fail to submit any financial report the preparer of the unaudited report shall satisfy City’s Finance Officer as to the reasonableness, accuracy and completeness of said unaudited report. In the event that Society fails to provide City with an audited financial report or an unaudited report not satisfactory to the City’s Finance Officer, the City may undertake the task of preparing an audited financial report for Society. All expenses incurred for the preparation of a financial report shall be paid by Society. In addition, at the City’s request, the Society shall conduct an audit of their financial statements and provide the results to the City.
Society shall make semi-annual presentations regarding shelter operations to the City Council at a regularly scheduled City Council meeting.
Society shall provide monthly to the City Clerk a detailed report of the services provided.
The report shall include the number of stray/deceased animals picked up, the number of calls responded to, their location, the time and number of animals held by Society, the number of animals impounded and the impound charges collected, and identification of any problem areas or issues identified by Society in providing the service required pursuant to the Agreement.
In January of each year, Society shall provide an annual report to the City Clerk detailing for the prior year: the number of dogs licensed and the revenues collected from the licensing; copies of the annual marketing and canvassing materials used to promote awareness of licensing requirements; the number of dogs and cats adopted from the Animal Shelter; the number of dogs and cat euthanized at the Animal Shelter.
SECTION 24. NOTICES. Any notice which is required to be given by any provision of this Agreement may be given by hand delivery, by any overnight courier 8 service providing dated evidence delivery, or by U.S. certified mail return receipt required. Each notice shall be addressed as follows unless a party notifies the other party in writing of a different address for receipt of notice:
CITY: Willie A, Hopkins
City Manager
City of Barstow
220 East Mountain View Avenue
Barstow, CA 92311
SOCIETY: Linda Glaudel
Shelter Manager
The Barstow Humane Society
2480 East Main Street
Barstow, CA 92311
SECTION 25. TERMINATION. This Agreement shall remain in effect unless terminated by either party with or without cause by a 180-day prior written notice of such termination. The notice shall state the termination date. In the event this Agreement is terminated, Society shall be paid for services satisfactorily rendered up to the termination date, based upon the pro-rated monthly rate as set forth in Section 22 of this Agreement.
SECTION 26. COMPLIANCE WITH STATE LAWS. Society shall comply with all applicable state laws, including but not limited to, laws relating to animal shelters, humane organizations, lost, stray animals and neuter programs.
SECTION 27. INDEPENDENT CONTRACTOR. Society is, and shall at all times remain as to City, a wholly independent contractor. Society shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of the Agreement. Society shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the City.
SECTION 28. MAINTENANCE AND INSPECTION OF RECORDS. This section shall read as follows:
A. The City or any of its authorized auditors or representatives, shall have access to and the right to audit, inspect, reproduce and transcribe any of the Society’s records, to the extent the city deems necessary to insure it has received or is receiving all money to which it is entitled under the agreement or for the other purposes relating to the Agreement. Such records include, without limitation, journals, ledgers, records of accounts payable and receivable, profit and loss statement, financial statements, bank statements, invoices, receipts, subcontractors, agreements, notes, correspondence, memoranda, and any other 9 documents required by the City or by the laws or regulations of any Federal, State, or local government agency.
B. Society shall maintain and preserve all such records for a period of at least three (3) years after termination of this Agreement.
C. Upon written notice by the City, the Society shall promptly make all such records available to auditors or other representatives of the City.
D. Society shall maintain all such records in the City of Barstow. If located elsewhere, the Society shall promptly reimburse the City for all reasonable costs incurred in conducting the audit at a location other than the City of Barstow, including but not limited to expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
SECTION 29. NON-ASSIGNMENT CLAUSE. Society cannot assign or delegate or otherwise transfer this Agreement or the rights or duties contained herein to any individual, person or legal entity otherwise without the written consent of the City.
SECTION 30. PARAGRAPH HEADINGS. Any heading of the several paragraphs of this Agreement is inserted for convenience and reference only and shall not be held or construed in any manner to affect the scope, or to limit or to qualify the meaning nor intent of the provisions thereof.
SECTION 31. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties and supersedes a prior or contemporaneous representations or agreements of the parties. The Agreement may be revised or modified only by written agreement of both parties signed by an authorized representative of each party.
SECTION 32. APPLICABLE LAW. This agreement shall be governed by the laws of the State of California.
SECTION 33. ATTORNEY’S FEES. In the event that legal action is necessary to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including attorney’s fees from the opposing party in any amount determined by the Court to be reasonable.
SECTION 34. COUNTERPART EXECUTION. This Agreement may be executed in counterparts, each of which so executed shall be deemed an original irrespective of the date of the execution, and said counter parts shall together constitute one and the same agreement.
10 IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by their duly authorized representatives as of the date of the first written above.
CITY OF BARSTOW:
BY:
Willie A. Hopkins
City Manager
ATTEST: APPROVED AS TO FORM:
BY: BY:
Andrea Flores Matthew Summers
Barstow City Clerk City Attorney
THE BARSTOW HUMANE SOCIETY:
BY:
Linda Glaudel
Shelter Manager