AnimalServicesContractccmtg5-16-22(klk)
CITY OF SIMI VALLEY
MEMORANDUM
M
ay 16, 2022
TO
: City Council
F
ROM: Department of Environmental Services
S
UBJECT: APPROVAL OF A REVISED CONTRACT WITH VENTURA COUNTY ANIMAL SERVICES FOR FISCAL YEARS 2022 -23, 2023-24, AND 2024- 25, AND AUTHORIZATION FOR THE CITY MANAGER TO ANNUALLY
EXECUTE THE ASSOCIATED SERVICE LEVEL AGREEMENTS
STAFF RECOMMENDATION
I
t is recommended that the City Council a pprove the revised multi-year Animal Services Agreement (contract) with Ventura County Animal Services (VCAS) to continue providing animal related services and authorize the City Manager to execute the contract and associated Service Level Agreements.
BACKGROUND AND OVERVIEW
S
ince May 1987, the City of Simi Valley has contracted with VCAS to provide a wide range of animal related services. VCAS provides animal services to other Ventura County cities including Camarillo, Fillmore, Moorpark, Port Hueneme, Ojai, Oxnard, and Ventura. Currently, VCAS provides the City with animal care services, field services, rabies control, animal nuisance hearings, animal license processing, and administrative citation processing. The current contract was approved by the City Council in May 2020 for a five- year term from FY 2020- 21 through FY 2024- 25. In late 2021, VCAS completed a comprehensive code update to meet the current needs of its operations, which necessitates revisions to the contract. Accordingly, City Council introduced Ordinance No. 1337 on April 25, 2022 to adopt the appropriate revisions. The Public Hearing and second reading of the ordinance are also part of tonight’s City Council agenda.
FINDINGS AND ALTERNATIVES
VC
AS has revised the contract terms to accommodate the revisions to its operations and has asked contracting cities to execute the revised contract for the remaining three years of the initial five-year term.
There are no changes to the financial terms of the agreement, as the basis for cost distribution among participating jurisdictions remains unchanged.
A
dditionally, VCAS requires an annual Service Level Request (SLR) to be executed each fiscal year. The SLR specifies the services to be provided to the City each fiscal year and AGENDA ITEM NO.
Consent (4)
AnimalServicesContractccmtg5-16-22(klk)
acknowledges any changes in incidental rates associated with providing those services.
The animal care costs continue to be dependent on the City’s proportionate share of animal intake over the previous three years. The City’s selected service levels continue to reflect State mandated services and appropriately meet the community ’s needs. Any change in the selected service levels would require the City to provide the services directly or through other means. The following briefly summarizes the new provisions of the contract by service function.
Animal Care Services
• Def
ines potentially dangerous and vicious dogs, authorizes the impoundment of a nuisance animal, and provides for administrative and civil hearings to resolve nuisances at the discretion of VCAS.
Fi
eld Services
• Im
plements administrative citations in lie u of nuisance hearings for barking dog complaints and assists complainants with the required documentation and evidence standards.
Ad
ministrative Services
• St
reamlines the administrative hearing process for citations through administrative review, which provides persons who received citations the ability to request an administrative desk review without the expense or time of a formal hearing. • Pr
ovides a hearing process for breeding permit revocation and reversal of nuisance declarations.
It is r
ecommended that the City Council approve the revised multi -year contract concluding June 30, 2025, and authorize the City Manager to execute the contract and the associated Service Level Agreements within the scope of the State mandates and the City’s budget constraints for the duration of the contract’s term.
Th
e following alternatives are available to the City Council:
1. Appr
ove the Animal Services Agreement (contract) (Exhibit 1) for the multi-year term concluding June 30, 2025, and authorize the City Manager to execute ;
2. Aut
horize the City Manager to execute the associated Service Level Agreements within the scope of the State mandates and the City’s budget constraints during the contract’s multi-year term;
3. Pr
ovide staff with alternate direction.
St
aff recommends Alternative Nos. 1 and 2.
2 AnimalServicesContractccmtg5-16-22(klk)
SUGGESTED CITY COUNCIL MOTION
I move to approve the revised multi-year contract with Ventura County Animal Services to continue providing animal related services through FY 2024-2 5 and authorize the City Manager to execute the contract and as sociated Service Level Agreements within the scope of State mandates and the City’s budget constraints during the term of the contract.
SUMMARY
The City of Simi Valley has been contracting with Ventura County Animal Services since 1987. VCAS provides the City with animal care services, field services, rabies control, animal nuisance hearings, animal license processing, and administrative citation processing. The current contract was approved by the City Council in May 2020 for a five- year term from FY 2020- 21 through FY 2024- 25. In late 2021, VCAS completed a comprehensive code update to meet the current needs of its operations, which necessitates revisions to the contract. Accordingly, City Council introduced Ordinance No. 1337 on April 25, 2022 to adopt the appropriate revisions. The Public Hearing and second reading of the ordinance are also being considered by the City Council tonight. It is recommended that the City Council approve the multi -year contract with Ventura County Animal Services to continue providing animal related services and authorize the City Manager to execute the revised contract and the associated Service Level Agreements.
_________
___________________________
Stratis Perros
Environmental Services Director
Prepar
ed by: Jennifer Del Toro, Management Analyst
INDEX Page
Exh
ibit 1 - Revised Animal Services Agreement (inclusive of FY 2022-23 SLR)……….4 Exhibit 2 - Current Animal Services Agreement (inclusive of previous SLRs).............22 3 AnimalServicesContractccmtg5-16-22(klk)
ANIMAL SERVICES AGREEMENT
CO
UNTY OF VENTURA AND CITY OF SIMI VALLEY
PAR
AGRAPH TITLE PAGE
RE
CITALS …………………………………………………………. 2
1.0 AGREEMENT TO PROVIDE SERVICES UNDER
STATE AND LOCAL STATUTES………………….. 2
2.0 ADMINISTRATION OF PERSONNEL…………….. 2
3 .0 AMENDMENT OF SERVICE LEVEL REQUEST
FORM………………………………………………… 3
4.0 PERFORMANCE OF AGREEMENT……………… 3
5.0 INDEMNIFICATION…………………………………. 4
6.0 TERM OF AGREEMENT…………………………… 4
7.0 RIGHT OF TERMINATION…………………………. 4
8.0 RATES FOR SERVICES AND CREDIT FOR
REVENUES …………………………………………. 5
9.0 ATTORNEY FEES AND COSTS …………………. 6
10 .0 PAYMENT PROCEDURES………………………… 6
1 1.0 RECORD RETENTION…………………………….. 7
1 2.0 NOTICES…………………………………………….. 7
1 3.0 SEVERABILITY……………………………………… 8
1 4.0 WAIVER……………………………………………… 8
1 5.0 ENTIRE AGREEMENT……………………………… 8
SIGNATURES……………………………………….. 9
4 EXHIBIT 1
AnimalServicesContractccmtg5-16-22(klk)
ANIMAL SERVICES AGREEMENT
COUNTY OF VENTURA AND CITY OF SIMI VALLEY
THIS AGREEMENT is made by and between the COUNTY OF VENTURA, hereinafter referred to as the County, and the CITY OF SIMI VALLEY, hereinafter referred to as the City.
RECITALS
a. The City is desirous of contracting with the County for the performance of animal services described herein by the County.
b. The County is agreeable to rendering such services on the terms and conditions set forth in this Agreement.
1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL
STATUTES
1.1 The County agrees, through its Animal Services Division (“Animal Services”), to provide animal services to the City as set forth herein and in the attached Service Level Request (Attachment A), as it may be amended by the parties from time to time.
1.2 Such services shall comply with applicable County ordinance s, the municipal code of the City and the s tatutes of the State of California. The County will provide only those services set forth in the attached Service Level Request.
2.0 ADMINISTRATION OF PERSONNEL
2.1 All City employees who work in conjunction with Animal Services pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from or against the County based on this Agreement.
The County shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any City personnel performing services hereunder. The County shall not be liable for compensation or indemnity to any City employee or agent of t he City for injury or sickness arising out of his or her employment.
2.2 All County employees who perform services for the City pursuant to this Agreement shall remain employees of the County and shall not have any 5
AnimalServicesContractccmtg5-16-22(klk)
claim or right to employment, civil service protection, salary, or benefits or claims of any kind from or against the City based on this Agreement. The City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder. The City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his or her employment.
3.0 AMENDMENT OF SERVICE LEVEL REQUEST FORM
3.1 The County agrees to provide to the City a proposed Service Level Request form to complete and submit annually to the County, by no later than March 1st, for the upcoming contract year commencing July 1st. By no later than April 15th, the parties shall agree to the terms of the Service Level Request for the upcoming contract year, unless an alternate date is mutually agreed upon by both parties in writing. The Service Level Request for the upcoming contract year shall be signed by both parties and attached to this Agreement as an amendment. If the parties fail to reach agreement on the terms of the Service Level Request by May 1st , this Agreement shall expire at the end of the then current contract year.
4.0 PERFORMANCE OF AGREEMENT
4.1 The County shall furnish and supply all labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.
4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services.
4.3 The County, in its sole and exclusive discretion, shall determine the specific days and specific hours that any County animal shelter shall be open to the public and the staffing of the County animal shelters ; however, the County will open its animal shelters to the public on at least five calendar days per week. The County will notify the City regarding any changes in hours and days that its animal shelters are open to the public.
/ / /
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5.0 INDEMNIFICATION
5.1 The County sha ll defend, indemnify and hold harmless City, its agents, officials, officers, representatives and employees from and against all claims, lawsuits, liabilities or damages arising from the sole and exclusive negligence of the County, its agents, employees, and subcontractors, and employees thereof in the performance or nonperformance of this Agreement.
5.2 The City shall defend, indemnify and hold harmless County, its agents, officials, officers, representatives and employees from and against all claims, lawsuits, liabilities or damages arising from the sole and exclusive negligence of the City, its agents, employees, and subcontractors, and employees thereof in the performance or nonperformance of this Agreement.
5.3 Each party agrees to provide the indemnifying party with written notification of any claim under paragraph 5 of this Agreement within thirty (30) calendar days of notice thereof and shall cooperate with the indemnifying party in the defense of the claim.
5.4 Each party’s right to, and responsibility for, indemnification shall survive the termination of this Agreement.
6.0 TERM OF AGREEMENT
6.1 Unless sooner terminated as provided for herein, this Agreement shall be effective July 1, 2022, and shall remain in effect until June 30, 2025.
6.2 Upon mutual agreement of the parties, this Agreement may be renewed for up to five (5) successive periods of one (1) year each.
7.0 RIGHT OF TERMINATION
7.1 This Agreement may be terminated at any time, with or without cause, by either party upon written notice given to the other party at least ninety ( 90) days before the date specified for such termination.
7.2 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination (including, but not limited to, payment for services already rendered) , and each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination.
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8.0 RATES FOR SERVICES AND CREDIT FOR REVENUES
8.1 The City shall pay for the services provided under the then current Service Level Request (Attachment A) in accordance with the provisions thereof.
8.2 The rates and fees indicated in the Service Level Request shall be readjusted by the County annually effective the first day of July each year to reflect t he reasonable average cost of such service in accordance with the policies and procedures for the determination of such rates and fees as adopted by the County Board of Supervisors and in compliance with Government Code section 54985.
8.3 The County shall credit the City with the following revenues paid by City residents toward the amounts owed by the City for services provided under the City’s Service Level Request in Attachment A: revenues received from City animal licenses (less applicable license processing fees) ; revenues from redemption fees (consisting of impound fees, board fees, quarantine fees, and microchipping fees) paid by the City’s residents if the animal is redeemed within the first three days of an animal stay each time an animal is admitted to a County shelter; revenues from barking dog citations paid by City residents; and revenues from administrative citations and civil penalties paid by City residents (less administrative processing costs).
8.4 The County shall retain any of the following fees paid by City residents without crediting such fees toward the amounts owed by the City for services provided under the City’s Service Level Request in Attachment A:
revenues from redemption fees (consisting of impound fees, board fees, quarantine fees, and microchipping fees) paid by City residents for any day after the first three days of an animal stay each time an animal is admitted to a County shelter and including, but not limited to, when fees are ordered be paid by the court or by an administrative hearing officer for dogs determined to be potentially dangerous or vicious ; a doption fees; spay/neuter fees ( and other veterinary fees for services); copying fees; return check charges; euthanasia and disposal fees; pickup and disposal of dead animal fees; cremation fees; owner relinquishment of animal fees; capture and transport fees; license fees for other than dog and cat licenses; permit fees; inspection fees; and other fees paid by City residents and not required to be credited to the City under section 8.3.
8.5 In the event that a City dog owner establishes the dog owner’s financial inability to pay costs for an administrative review of a citation or an administrative hearing deposit, the County will invoice the City to pay the rates and fees approved by the County Board of Supervisors for such charges and the City agrees to pay such charges.
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9.0 ATTORNEY FEES AND COSTS
9.1 In the event of any litigation (including, but not limited to, any petition filed by the County Animal Services Director to be heard by an administrative hearing officer or by the court regarding whether a dog is potentially dangerous or vicious for an animal residing within the jurisdictional limits of the City, or any appeal therefrom, when both County and City have agreed to the County Animal Services Director filing such petitions in the parties’ service level request, a petition for writ of mandate under Code of Civil Procedure section 1085 or 1094.5) arising in any way from this Agreement (including, but not limited to, any Service Level Request), or the services provided under this Agreement (except for any litigation between the County and the City), the City shall pay or reimburse the County for all reasonable attorney fees and costs incurred by the County in connection with the litigation, including, but not limited to, attorney fees and costs incurred by the County on behalf of a hearing officer. In the event of any litigation between the City and the County, each party shall bear its own attorney fees and costs. The City’s obligations under t his paragraph shall survive the termination of this Agreement.
10.0 PAYMENT PROCEDURES
10.1 The County shall invoice the City during October for services performed during the period July 1 through September 30; during January for services performed during the period October 1 through December 31; during April for services performed during the period January 1 through March 31; and during July for services performed during the period April 1 through June 30; and the City shall pay the County all undisputed amounts within thirty (30) days after the date of said invoice.
10.2 If such payment is not delivered to the County office, which is described on said invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide County with written notice of the dispute including the invoice date, amount, and reasons for dispute within thirty (30) days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty (60) days after the dispute resolution is memorialized.
10.3 Interest shall be calculated at the rate of two percent (2%) annually or any portion thereof, calculated from the last day of the month in which the services were performed, or in the case of disputed amounts, calculated from the date the resolution was memorialized.
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11.0 RECORD RETENTION
11.1 The County shall maintain adequate financial records during the term of this Agreement to document its cost of providing services under this Agreement.
The County shall retain financial records for a period of seven (7) years after payment for services under this Agreement, and shall make such financial records available for inspection to the City, or the City’s designee, upon reasonable notice. The City shall ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to public records.
12.0 NOTICES
12.1 All notices (excluding invoices) required by, or related to, this Agreement shall be in writing and sent by certified mail, return receipt requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; the parties to this Agreement shall promptly inform the other party of any change of address. All notices required by this Agreement are effective on the date of receipt, unless otherwise indicated herein. The mailing address of each party to the Agreement is as follows:
CITY: City of Simi Valley
attn: Brian P. Gabler, City Manager
2929 Tapo Canyon Road
Simi Valley, California 93063
COUNTY: V entura County Animal Services
attn: Jackie Rose, Director
600 Aviation Drive
Camarillo, California 93010
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13.0 SEVERABILITY
13.1 If a court of competent jurisdiction declares any provision of this Agreement, or application thereof to any person or circumstances, to be unenforceable or in violation of law, the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable.
14.0 WAIVER
14.1 Waiver of any default or breach of this Agreement shall not be considered a waiver of any subsequent default or breach, nor shall it be considered a modification of the terms of this Agreement.
15.0 ENTIRE AGREEMENT
15.1 This Agreement , including Attachment A hereto and any amendment thereof, constitu tes the complete and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof.
All changes or amendments to this Agreement must be in writing and mutually executed by authorized personnel on behalf of the City and the County.
/ / /
/ / /
/ / /
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IN WITNESS WHEREOF, the County and the City enter into this Agreement as of the last date set forth below.
COUNTY OF VENTURA
Dated:_________________ By: ______________________
Jackie Rose
Director, Animal Services
CITY OF SIMI VALLEY
Dated:_________________ By: ________________________ Brian Paul Gabler
City Manager
ATTEST:
By: ________________________ _________
Lucy Blanco, City Clerk Date
APPROVED AS TO FORM:
By: _________________________ _________
David L. Caceres, City Attorney Date
12 City of Simi Valley
AnimalServicesContractccmtg5-16-22(klk)
ATTACHMENT A TO COUNTY-CITY ANIMAL SERVICES AGREEMENT
COUNTY OF VENTURA
AND
CITY OF SIMI VALLEY
FY 2022-23 SERVICE LEVEL REQUEST
PART ONE: AVAILABLE SERVICES AND APPLICABLE BILLING
RATES AND CREDITS
A.
Animal Care Services
At the election of the City, the County shall provide the following services:
1. Shelter Services
As may be required, the County shall provide animal care services to the City for all animals originating within the boundaries of the City (whether picked up in the City or dropped off at the County’s animal shelter) when there is a stray/abandoned animal , adoption return, confiscation, cruelty abuse or neglect investigation, or injured wildlife.
The County will accept animals surrendered by their owner s dependent upon shelter capacity. For animals originating in the City and impounded, the County shall provide the following animal care services: sheltering, boarding, animal adoptions, foster care coordination, veterinary care and treatment, bite quarantine, euthanasia services, and disposal of deceased animals. Impounded animals will be vaccinated and provided necessary care, food and shelter in accordance with the provisions of state law. The animal’s picture will be posted on the Ventura County Animal Services Division’s (“Animal Services”) website as soon as practicable to assist the City’s residents in reclaiming a missing pet. The County will also provide, based upon availability of funding and resources, owner requested euthanasia, TNR (Trap, Neuter, Return) surgeries for community cats, and Pet Retention programming. These services will not result in the animal being impounded to the shelter. The County, in its sole and exclusive discretion, shall determine the public and non-public hours of operation and the staffing of the County animal shelters.
The owner or person entitled to the custody of any animal originating with in the boundaries of the City and impounded at a County animal shelter can redeem such animal by paying applicable fees according to the rates and fees approved by the County Board of Supervisors accruing up to the time of such redemption.
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The City shall be charged for its proportion of the total County animal care service costs incurred during the fiscal year identified above as set forth below. The County shall bill the City on a quarterly basis for animal care services based on a weighted three (3) calendar year average of the City’s pro rata animal intake percentage, as follows:
The three (3) year weighted average will be calculated so that fifty percent (50%) of the rate is based on the City’s previous calendar year pro rata animal intake percentage relative to the usage by other cities and unincorporated areas of Ventura County, twenty-five percent (25%) of the rate is based on the City’s pro rata animal int ake percentage from two (2) years prior and twenty -five percent (25%) of the rate is based on the City’s pro rata animal intake percentage from three (3) years prior, illustrated as follows:
Example:
Hypothetical animal care budget: $6,027,354
Camarillo: (10.4% * .50) + (9.9% * .25) + (10.4% * .25) = 10.3% Future year cost = 10.3% of $6,027,354 = $620,817
Payments of $155,204 made quarterly which will be reduced by any licensing revenue
The animal care budget will be allocated among the participating cities and the County based on the weighted three (3) calendar year animal intake percentage formula described above. The County’s animal care budget shall follow the following three (3) year fixed-rate schedule:
2018 INTAKE 2017 INTAKE 2016 INTAKE FUTURE YEAR WEIGHTED AVG Camarillo 1174 10.4% 1223 9.9% 1109 10.4% 10.3%
Fillmore 198 1.7% 320 2.6% 192 1.8% 2.0%
Moorpark 283 2.5% 245 2.0% 321 3.0% 2.5%
Ojai 44 0.4% 109 0.9% 50 0.5% 0.5%
Oxnard 4112 36.3% 4196 34.1% 3947 37.2% 36.0%
Port Hueneme 409 3.6% 432 3.5% 470 4.4% 3.8%
Simi Valley 1360 12.0% 1363 11.1% 1306 12.3% 11.8%
Ventura 1249 11.0% 1555 12.6% 1253 11.8% 11.6%
County 2494 22.0% 2864 23.3% 1971 18.5% 21.5%
Total Intake 11323 100.0% 12307 100.0% 10619 100.0% 100.0% 14 City of Simi Valley
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$6,741,010.13 for fiscal year 2022-2023 (contract year 1) $7,078,060.63 for fiscal year 2023-2024 (contract year 2) $7,431,963.67 for fiscal year 2024-2025 (contract year 3)
In addition to the animal care formula charged to the participating cities, in th e event of any animal intake at a County animal shelter originating from the City due to any law enforcement request, pending court case (including, but not limited to, a criminal case, a petition for writ of mandate under Code of Civil Procedure section 1085 or 1094.5, and a petition for hearing regarding whether a dog is potentially dangerous or vicious under Food and Agriculture Code section 31621, or related provisions of City Ordinance), or a court stay, which results in a County shelter stay of more than fifteen (15) days, the County shall also charge the City for animal care services according to the rates and fees approved by the County Board of Supervisors for each day that each such animal receives animal care services, and any fees have not been paid by the dog owner within 30 days of the County’s invoice for services being mailed to the dog owner.
2. Petitions for Hearing to Determine Dogs to be Potentially Dangerous or Vicious
For any dog impounded to the shelter, the Animal Services Director may bring petitions for hearing to determine dogs residing within the jurisdictional limits of the City to be potentially dangerous or vicious under state law and/or City Ordinance Code. In connection with such petitions, the City shall pay the County according to the rates and fees approved by the County Board of Supervisors for County employee time expended (and including but not limited to, the attendance at hearing of County employees; legal services performed by the Office of County Counsel; and any services provided by an administrative hearing officer ). If the County retains the services of an administrative hearing officer who is not a County employee, the City agrees to reimburse the County at the administrative hearing officer’s customary hourly rate. If the dog owner appeals any determination that a dog is potentially dangerous or vicious, the City shall pay the County according to the rates and fees approved by the County Board of Supervisors for the attendance at the appeal hearing of County employees and the legal services performed by the Office of County Counsel in connection with such an appeal.
3. Rabies Suppression Record Management
The County shall provide the City with rabies control activity reporting as required by State Law.
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B. Field Services
At the election of the City, the County shall provide the City with the following field services consistent with County Ordinance and State Law.
For City Ordinance Code provisions that are consistent with County Ordinance Code and State law, animal control officers may issue citations (administrative or notice to appear) for violations observed by animal control officers while in the field (and including, but not limited to, citations issued for: failure to license, barking dog nuisance, failure to vaccinate, violation of leash laws, violation of mandatory spay /neuter, violation of animal nuisance orders, and breeding of animals without required permits) . The City will be solely responsible for collection of the citation amounts and processing of any administrative appeals from these citations issued by animal control officers in the field except for barking dog nuisance citations which may be handled by the County. The County will not be responsible for collections or processing administrative appeals from citations issued in the field and/or citations in which the animal owner is provided notice to appear in court except for barking dog nuisance citations which may be handled by the County.
The County will provide, consistent with County Ordinance and State Law, response and investigation of reported animal bite and intimate contact cases to establish that there is compliance with state-mandated quarantine procedures. This includes a follow -up visit to verify the health of the animal after quarantine. Shelter quarantine will be at the discretion of the County.
The County shall charge the City according to the rates and fees approved by the County Board of Supervisors for County employee time expended in providing field services. The City shall identify a budgeted amount for field services per fiscal year, as well as the average budgeted level of hours of service that the City authorizes the County to provide per week. The County shall notify the City in writing on a quarterly basis regarding actual hours expended for field services to the City, to enable the City to make the determination of whether the City wishes to authorize in writing a higher budgeted annual amount for field servi ces that are not state- mandated. The County will provide the City state- mandated field services, and the City agrees to pay the County’s costs for all state- mandated field services, whether or not the City’s budgeted amount or hours for field services have been exceeded. The County shall be under no obligation to provide the City with any non-state-mandated field services in excess of the City’s budgeted cost and hours, in the absence of prior written City authorization to do so.
The County will issue barking dog citations to owners of dogs residing within the jurisdictional limits of the City upon the required showing being made under City ordinance regarding the existence of a barking nuisance. The County shall charge the City according to the rates and fees approved by the County Board of Supervisors for County employee time expended in reviewing and responding to complaints regarding 16 City of Simi Valley
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barking dog nuisances in the jurisdictional limits of the City, regardless of whether a barking nuisance citation is ultimately issued. Once a citation is issued, the dog owner will be responsible for paying the County’s standard fee for any administrative review of a citation, as well as paying any required hearing deposit to request an administrative hearing to contest the citation, unless the dog owner establishes to the County the dog owner’s financial inability to pay, in which case, the City shall reimburse the County according to the rates and fees approved by the County Board of Supervisors for County employees providing services based on the time expended per hearing; and if the County retains the services of an administrative hearing officer who is not a County employee, the City agrees to reimburse the County for hearing officer services rendered at the administrative hearing officer’s customary hourly rate.
In the event the City declines to have the County perform field services and transports an animal the shelter for care, the City shall be responsible for:
(i) S canning animals for an existing microchip and making all efforts to reunite a lost animal with its owner based on any microchip information prior to transporting that animal to a County shelter;
(ii) M aking all efforts to use information available from any animal’s personal ID tag or a pet license to reunite a lost animal with its owner pri or to transporting that animal to a County shelter;
(iii) V accinating an animal with current standard vaccinations provided by Animal Services after an animal has been transported to a County shelter ; and
(iv) T aking a digital photograph of an animal and loading the digital photograph and other pertinent animal information onto Animal Services’ computer information system for tracking animals subject to impoundment after an animal has been transported to a County shelter.
C.
Administrative Services
1. Animal License Processing per License
At the election of the City, the County and/or the County’s vendor shall provide the City with animal license processing services at the annual fiscal year cost of six dollars ($6.00) per applicable cat or dog license for each animal within the boundaries of the City. The County and/or the County’s vendor shall mail license renewal notices to the animal owner of record; and when the renewal and payment are received, the County will process licenses. If the County and/or the County’s vendor provides online web-licensing, it shall provide such web- licensing at no additional cost to the City.
Licenses will be required before the County will release an animal to a resident of the City. The City animal license fees that the County and/or the County’s vendor collects (less the amount of the County’s license 17 City of Simi Valley
AnimalServicesContractccmtg5-16-22(klk)
processing fee of six dollars ($6.00)) will be credited to the City quarterly in arrears against the amount that the City owes the County under the parties’ animal services agreement.
2. Automated Administrative Citation Processing
At the election of the City, and consistent with City Ordinance Code provisions, the County and/or the County’s vendor shall provide the City with an automated citation service for citations related to licensing, vaccination, (and , if applicable, mandatory spay/neuter) issued to animal owners within the boundaries of the City.
If the County reaches a determination , in its sole and exclusive discretion, that it no longer desires to provide an automated citation service to the City (either directly by the County or through the County’s vendor), the County shall provide the City with sixty (60) days’ prior written notice before ceasing to provide such services.
The County and/or the County’s vendor will provide the following automated citation processing service to the City contingent upon the City’s reimbursement of actual County costs incurred, and including, but not limited to:
a. actual costs charged to the County by the County’s General Services Agency for mailing and processing of citations and the cost of one (1) hour per month for the services of a Field Services Manager /Citations Clerk):
generate auto citations in Chameleon software; send files to the General Services Agency for processing; receive and review auto citation files from the General Services Agency to ensure accuracy; send reviewed and completed files to the General Services Agency for processing and mailing to animal owners; receive and store finalized PDF file from the General Services Agency; generate email notification to the City’s staff with PDF files for further collection and appeals; receive, through a Supervising Animal Control Officer , communication from City staff regarding citizen appeals when necessary; and receive updates from the City regarding customer data to be updated, with the County updating data in Chameleon software; or
b. actual costs charged to the County by the County’s vendor for mailing and processing of citations and issuing any required licenses; generating email notifications to the City’s staff with PDF files for further collections and appeals; receiving communication from City staff regarding citizen appeals when necessary; and receiving updates from the City regarding customer data to be updated.
To the extent that such services are not provided by the County and/or the County’s vendor, the County will not be responsible for collections or processing 18 City of Simi Valley
AnimalServicesContractccmtg5-16-22(klk)
administrative appeals from automated citations. The City will be solely responsible for collections and for processing any administrative appeals once automated citations are issued to animal owners.
3. Animal Services Data Management Software Read-Only Access Rights
At the election of the City, the City may have read- only access to VCAS’ Chameleon Software system, therefore allowing the City to have real- time information regarding cases related to their jurisdiction.
PART TWO: SPECIFIC SERVICE REQUESTS AND APPROVALS
The County will provide the City with the services authorized below:
Animal Care Services:
x The City authorizes the County to provide animal care services for animal s originating within the boundaries of the City during fiscal year 2022- 23 according to the terms and conditions set forth in Part One of this Agreement. The budgeted cost of animal care services for the City will be $671,473 for fiscal year 2022-23.
In addition to the budgeted amount, as more fully set forth in Part One above, the City will also pay the County, according to rates and fees approved by the County Board of Supervisors for: (1) animal care services associated with County shelter stays of more than fifteen (15) days; (2) for County employee time expended in connection with petitions brought by the Director of Animal Services to determine whether dogs residing in the jurisdictional limits of the City are potentially dangerous or vicious, and (3) for County employee time expended in connection with any appeals from such determinations. In addition, if an administrative hearing officer is not a County employee, the City agrees to reimburse the County’s costs for administrative hearing officer time at the administrative hearing officer’s customary hourly rate. Consistent with Section 8.3 of the parties’ Animal Services Agreement, the County shall credit the City with revenues paid by City residents toward amounts owed by the City for services provided.
Field Services:
x The City authorizes the County to provide budgeted field services during fiscal year 2022-23 of $166,400; with field services budgeted at 32 hours per week , to be provided by the County to the City, according to the terms and conditions set forth in Part One. If it appears that the City may exceed its budgeted cost and hours for field services: (i) the County will continue to provide additional state-mandated services to the City, and the City agrees to pay for those additional state-mandated services according to the rates and fees approved by the County Board of 19 City of Simi Valley
AnimalServicesContractccmtg5-16-22(klk)
Supervisors, and (ii) the County will only provide further field services that are not state-mandated to the City upon receipt of City written approval for such services, and the City agrees to pay for all such services authorized in writing by City personnel. The City hereby agrees to the County’s enforcement of the C ity’s municipal code provisions in providing field services.
□ The City authorizes the County to provide field services only for emergency calls (requests for an animal services officer by law enforcement or fire personnel, aggressive animal at large threatening the public, wild animal at large in City area, livestock at large and in sight, stray animal bite with the animal at large or confined by a non-owner) at a not to exceed amount of ________ hours for the fiscal year.
This level of service is intended to provide emergency response on an as-needed basis from the County on behalf of a City that employs its own field services when requested by the City and the County is able to respond. The City hereby agrees to the County’s enforcement of the City’s municipal code provisions in providing field services.
□ The City declines to have the County provide field services.
Administrative Services:
Animal License Processing:
x The City authorizes the County and/or the County’s vendor to provide animal license processing services for the City during fiscal year 2022-23 according to the terms and conditions set forth in Part One.
x The City has adopted the license fees set forth in Animal Services’ approved schedule of rates and fees.
□ The City has adopted the following license fees that differ from the license fees set forth in the Ventura County Animal Services approved schedule of rates and fees:
Specify:
Current City license fees were adopted by the City on ______________, 20_____.
□ The City declines to have the County provide animal license processing.
20 City of Simi Valley
AnimalServicesContractccmtg5-16-22(klk)
Automated Citation Service:
x The City authorizes the County and/or the County’s vendor to provide automated citation processing services for the City during fiscal year 2022-23 according to the terms and conditions set forth in Part One.
□ The City declines to have the County and/or the County’s vendor provide automated citation processing services.
Animal Services Data Management Software (Chameleon) Read-Only Access Rights:
x The City requests read rights for Chameleon software and agrees to the actual County Information Technology Services Department VPN costs.
□ The City declines to have the County provide Chameleon read rights.
CITY OF SIMI VALLEY COUNTY OF VENTURA
Signature:____________________ Signature:____________________ Brian Paul Gabler, City Manager Jackie Rose, Director of Animal Services
Date:________________________ Date:________________________
21 AN IMAL SERVICES AGREEMENT
COUNTY OF VENTURA AND CITY OF SIMI VALLEY
THIS AGREEMENT is made by and between the COUNTY OF VENTURA, hereinafter referred to as the County, and the CITY OF SlMl VALLEY, hereinafter referred to as the City.
RECITALS
a. The City is desirous of contracting with the County for the performance of animal services described herein by the County.
b. The County is agreeable to rendering such services on the terms and conditions set forth in this Agreement.
1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL
STATUTES
1.1 The County agrees, through its Animal Services Division ("Animal Services"), to provide animal services to the City as set forth herein and in the attached Service Level Request (Attachment A), as it may be amended by the parties from time to time.
1.2 Such services shall comply with applicable County ordinances, the municipal code of the City and the statutes of the State of California. The County will provide only those services set forth in the attached Service Level Request.
2.0 ADMINISTRATION OF PERSONNEL
2.1 All City employees who work in conjunction with Animal Services pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from or against the County based on this Agreement. The County shall not be called upon to assume any liability for the direct payment of any salaries, Wages, or other compensation to any City personnel performing services hereunder. The County shall not be liable for compensation or indemnity to any City employee or agent of the City for injury or sickness arising out of his or her employment.
Ani ma lsrvcsContractcCmtg5-4-20( kl k)
EXHIBIT 2
22 All County employees who perform services for the City pursuant to this Agreement shall remain employees of the County and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from or against the City based on this Agreement. The City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder. The City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his or her employment.
3.0 AMENDMENT OF SERVICE LEVEL REQUEST FORM
3.1 The City agrees to provide to the County a proposed Service Level Request form annually, by no later than February 15, for the upcoming contract year commencing July 1. By no later than April 15, the parties shall agree to the terms of the Service Level Request for the upcoming contract year, which shall be signed by both parties and attached to this Agreement as an amendment. lf the parties fail to reach agreement on the terms of the Service Level Request by April 15, this Agreement shall expire at the end of the then current contract year.
4.0 PERFORMANCE OF AGREEMENT
4.1 The County shall furnish and supply all labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.
4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services.
4.3 The County, in its sole and exclusive discretion, shall determine the specific days and specific hours that any County animal shelter shall be open to the public and the staffing of the County animal shelters; however, the County will open its animal shelters to the public on at least five calendar days per week. The County will notify the City regarding any changes in hours and days that its animal shelters are open to the public.
2.2 AnimalSrvcsContractCCmtg5-4-20(klk)
23 5.0 INDEMNIFICATION
5.1 The County shall defend, indemnify and hold harmless City, its agents, officials, officers, representatives and employees from and against all claims, lawsuits, liabilities or damages arising from the sole and exclusive negligence of the County, its agents, employees, and subcontractors, and employees thereof in the performance or nonperformance of this Agreement.
5.2 The City shall defend, indemnify and hold harmless County, its agents, officials, officers, representatives and employees from and against all claims, lawsuit$, liabilities or damages arising from the sole and exclusive negligence of the City, its agents, employees, and subcontractors, and employees thereof in the performance or nonperformance of this - Agreement.
5.3 Each party agrees to provide the indemnifying party with written notification of any claim under paragraph 5 of this Agreement within thirty (30) calendar days of notice thereof and shall cooperate with the indemnifying party in the defense of the claim.
Each party's right to, and responsibility for, indemnification shall survive the termination of this Agreement.
6.0 TERM OF AGREEMENT
6.1 Unless sooner terminated as provided for herein, this Agreement shall be effective July 1 ,2020, and shall remain in effect until June 30,2025.
6.2 Upon mutual agreement of the parties, this Agreement may be renewed for up to five (5) successive periods of one (1) year each.
7.0 RIGHT OF TERMINATION
7.1 This Agreement may be terminated at any time, with or without cause, by either party upon written notice given to the other party at least ninety (90) days before the date specified for such termination.
7.2 ln the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination (including, but not limited to, payment for services already rendered), and each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination.
5.4 AnirlalSrvcsContractCCmtg5-4-20(kl k)
24 B.O RATES FOR SERVICES AND CREDIT FOR REVENUES
The City shall pay for the services provided under the then current Service Level Request (Attachment A) in accordance with the provisions thereof.
The rates indicated in the Service Level Request shall be readjusted by the County annually effective the first day of July each year to reflect the reasonable average cost of such service in accordance with the policies and procedures for the determination of such rate as adopted by the County Board of Supervisors and in compliance with Government Code section 54985.
The County shall credit the City with the following revenues paid by City residents toward the amounts owed by the City for services provided under the City's Service Level Request in Attachment A: revenues received from City animal licenses (less applicable license processing fees); revenues from redemption fees (consisting of impound fees, board fees, quarantine fees, and microchipping fees) paid by the City's residents if the animal is redeemed within the first three days of an animal stay each time an animal is admitted to a County shelter; and revenues from administrative citations and civil penalties (less administrative processing costs).
The County shall retain any of the following fees paid by City residents without crediting such fees toward the amounts owed by the City for services provided under the City's Service Level Request in Attachment A:
revenues from redemption fees (consisting of impound fees, board fees, quarantine fees, and microchipping fees) paid by City residents for any day after the first three days of an animal stay each time an animal is admitted to a County shelter; adoption fees; spay/neuter fees (and other veterinary fees for services); copying fees; return check charges; euthanasia and disposal fees; pickup and disposal of dead animal fees; cremation fees; owner relinquishment of animal fees; capture and transport fees; license fees for other than dog and cat licenses; permit fees; and inspection fees.
9.0 ATTORNEY FEES AND COSTS
9.1 ln the event of a petition for writ of mandate under Code of Civil Procedure sections 1085 or 1094.5 arising from any animal nuisance hearing involvin(; an alleged animal nuisance occurring in the City, the County shall provide written notice via U.S. mail to the City Attorney within 30 days of service of legal process on the County, and the City shall pay
8.1 8.2
8.3 8.4
Ani ma lSrvcsContractCCmtg5-4-20( kl k)
25 or reimburse the County for all reasonable attorney fees and costs incurred by the County in connection with the litigation, including, but not limited to, attorney fees and costs incurred by the County on behalf of a hearing officer. ln the event of any litigation between the City and the County, each party shall bear its own attorney fees and costs. The City's obligations under this paragraph shall survive the termination of this Agreement.
,IO.O PAYMENTPROCEDURES
10.1 The County shall invoice the City during October for services performed during the period July 1 through September 30; during January for services performed during the period October 1 through December 31; during April for services performed during the period January 1 through March 31; and during July for services performed during the period April 1 through June 30; and the City shall pay the County all undisputed amounts within thirty (30) days after the date of said invoice.
10.2 lf such payment is not delivered to the County office which is described on said invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide County with written notice of the dispute including the invoice date, amount, and reasons for dispute within thirty (30) days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty (60) days after the dispute resolution is memorialized.
'10.3 lnterest shall be calculated at the rate of two percent (2%) annually or any portion thereof, calculated from the last day of the month in which the services were performed, or in the case of disputed amounts, calculated from the date the resolution was memorialized.
11.0 RECORD RETENTION
11.1 The County shall maintain adequate financial records during the term of this Agreement to document its cost of providing services under this Agreement. The County shall retain financial records for a period of seven (7) years after payment for services under this Agreement, and shall make such financial records available for inspection to the City, or the City's designee, upon reasonable notice. The City shall ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to public records.
AnimalSrvcsContractCC mtg5-4-20( k I k)
26 12.0 NOTICES
12.1 All notices (excluding invoices) required by, or related to, this Agreement shall be in writing and sent by certified mail, return receipt requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; the parties to this Agreement shall promptly inform the other party of any change of address. All notices required by this Agreement are effective on the date of receipt, unless otherwise indicated herein, The mailing address of each party to the Agreement is as follows:
CITY City Manager
(attn: Brian Paul Gabler)
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
COUNTY Director, Animal Services
(attn: Jackie Rose)
600 Aviation Drive
Camarillo, California 93010
13.0 SEVERABILITY
13.1 lf a court of competent jurisdiction declares any provision of this Agreement, or application thereof to any person or circumstances, to be unenforceable or in violation of law, the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable.
14.0 WAIVER
14.1 Waiver of any default or breach of this Agreement shall not be considered a waiver of any subsequent default or breach, nor shall it be considered a modification of the terms of this Agreement.
Ani ma lSrvcsContractCCmtg5-4-20( kl k)
27 15.0 ENTIRE AGREEMENT
15.1 This Agreement, including Attachment A hereto and any amendment thereof, constitutes the complete and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof.
All changes or amendments to this Agreement must be in writing and mutually executed by authorized personnel on behalf of the City and the County.
lN WITNESS WHEREOF, the County and the City enter into this Agreement as of the last date set forth below.
COUNTY OF VENTURA
*/t/.Dated
Dated: 5 lq 2;)
By
J KIE ROSE
Director, Animal Services
CITY OF SIMI VALLEY
Bflan Pa ul Gabl
City of Simi Valley, City Manager
By
A
5 Lq LD
Bla , City Clerk Date
APPROVED AS TO FORM
By
Lonnie J dridge, City Attorney Date
Ani ma lSrvcsContractCCmtg5-4-20( kl k)
28 ATTACHMENT A TO COUNTY-CITY ANIMAL SERVICES AGREEMENT
COUNTY OF VENTURA
AND
CITY OF
CITY OF SIMI VALLEY
FY 2O2O-21 SERVICE LEVEL REQUEST
Part One: Available Services and oolicable Billino Rates and Credits Animal Gare Services
As may be required, the County shall provide animal care services to the City for all those animals originating within the boundaries of the City (whether picked up in the City or dropped off at the County's animal shelter) as a result of: confiscation, requests for euthanasia, owner surrender, owner return, pick-up of stray animals and transfers.
For animals originating in the City, the County shall provide the following animal care services: impoundment, sheltering, boarding, quarantine, veterinary services, euthanasia services, animal adoptions, disposal of dead animals, pet retention services, foster coordination, volunteer management, TNR (trap neuter return) services for cats and related administrative services. lmpounded animals will be vaccinated and provided necessary care, food and shelter in accordance with the provisions of state law. The animal's picture will be posted on the Ventura County Animal Services Division's ("Animal Services") website as soon as practicable to assist the City's residents in reclaiming a missing pet. The County, in its sole and exclusive discretion, shall determine the public and non-public hours of operation and the staffing of the County animal shelters.
The owner or person entitled to the custody of any animal originating within the boundaries of the City and impounded at a County animal shelter can redeem such animal by paying applicable fees according to Animal Services' approved schedule of rates and fees accruing up to the time of such redemption.
The City shall be charged for its proportion of the total County animal care service costs incurred during the fiscal year identified above as set forth below. The City of Simi Valley
An i ma lSrvcsco ntractccmtg5-4-20( kl k)
29 County shall bill the City on a quarterly basis for animal care services based on a weighted three (3) calendar year average of the City's pro rata animal intake percentage, as follows:
L The three (3) year weighted average will be calculated so that fifty percent (50%) of the rate is based on the City's previous calendar year pro rata animal intake percentage relative to the usage by other cities and unincorporated areas of Ventura County, twenty-five percent (25%) of the rate is based on the City's pro rata animal intake percentage from two (2) years prior and twenty-five percent (25%) of the rate is based on the City's pro rata animal intake percentage from three (3) years prior, illustrated as follows:
Example:
Hypothetical animal care budget: $6,027,354
Camarillo: (10.4%. .50) + (9.9% . .25) + (10/%. .25) = 10.3oh Future year cost = 10.3o/o of $6,027,354 = $620,817
Payments of $155,204 made quarterly which will be reduced by any licensing revenue City of Simi Valley
2018 INTAKE 2017 INTAKE 2016 INTAKE FUTURE YEAR WEIGHTED AVG Camarillo
Fillmore
Moorpark
Ojai
Oxnard
Port Hueneme
SimiValley
Ventura
County
1,174
198
283
44 4LT2
409
1360
1249
2494
to.4%
r.7%
2.s%
o.4%
36.3%
3.6%
12.0%
1,L.O%
22.0%
1223
320
245
109
4r96
432
1363
1555
2864
9.9%
2.6%
7.0%
0.9%
34.r%
3.s%
1,1,.1%
12.6%
23.3%
1109
1.92 321.
50 3947
470
1306
I253
r971.
10.4%
1,.8%
3.0%
os%
37.2%
4A%
12.3%
1,1,.8%
18.5%
10.3%
2.0%
2s%
o.s%
36.0%
3.8%
1,r.8%
11,.6%
21,.5%
Total lntake 1,1323 100.0% 12307 100.0% 10619 100.0% I00.0% Ani ma lSrvcsCo ntractCCmtg5-4-20( kl k)
30 The animal care budget will be allocated among the participating cities and the County based on the weighted three (3) calendar year animal intake percentage formula described above. The County's animal care budget shall follow the following five (5) year fixed-rate schedule:
$6,114,294.90 for fiscal year 2020-2021 (contract year 1) $6,420,009.65 for fiscal year 2021-2022 (contract year 2) $6,741,010.13 for fiscal year 2022-2023 (contract year 3) $7,078,060,63 for fiscal year 2023-2024 (contract year 4) $7,431,963.67 for fiscal year 2024-2025 (contract year 5) ln the event of any animal intake at a County animal shelter originating from the City due to any law enforcement request, pending court case (including, but not limited to, a petition for writ of mandate under Code of Civil Procedure section 1085 or'1094.5), or a court stay, which results in a County shelter stay of more than fifteen (15) days, the County shall charge the City for animal care services according to Animal Services' approved schedule of rates and fees for each day that each such animal receives animal care services.
Field Services
At the election of the City, the County shall provide the City with the following field services as may be required: responding to calls for service; pick up of dead animals; capture and transportation of animals; license, permit and other inspections; pre-hearing investigation of nuisance complaints; post-nuisance hearing compliance checks; investigation of potential cases of animal abuse and mistreatment; investigation of potential animal nuisances in violation of Ventura County Ordinance Code section 4467 or an equivalent municipal code provision; assistance with animal evacuations due to disaster or emergency; and similar or related field services. The City shall be charged according to the standard hourly rate for field services set forth in Animal Services' approved schedule of rates and fees based on actual hours expended. The City shall identify a budgeted amount for field services per fiscal year, as well as the average budgeted levbl of hours of service that the City authorizes the County to provide per week. The County shall notify the City in writing on a quarterly basis regarding actual hours expended for field services to the City, to enable the City to make the determination of whether the City wishes to authorize in writing a higher budgeted annual amount for field services that are not state-mandated. The County will provide the City state-mandated field services, and the City agrees to pay the County's costs for all state-mandated field services, whether or not the City's budgeted amount or hours for field services have been exceeded. The County shall be under no obligation to provide the City with any non-state-mandated field services in excess of the City's budgeted cost and hours, in the absence of prior written City authorization to do so.
City of Simi Valley
AnimalSrvcsContractCCmtg5-4-20(klk)
31 ln the event the City declines to have the County perform field services, the City shall be responsible for:
(i) Scanning animals for an existing microchip and making all efforts to reunite a lost animal with its owner based on any microchip information prior to transporting that animal to a County shelter;
(ii) Making all efforts to use information available from any animal's personal lD tag or a pet license to reunite a lost animal with its owner prior to transporting that animal to a County shelter;
(iii) Vaccinating an animal with current standard vaccinations provided by Animal Services after an animal has been transported to a County shelter; and
(iv) Taking a digital photograph of an animal and loading the digital photograph and other pertinent animal information onto Animal Services' computer information system for tracking animals subject to impoundment after an animal has been transported to a County shelter.
Rabies Control
At the election of the City, the County shall provide the City with the following rabies control program as may be required: response and investigation of reported animal bite and intimate contact cases to establish that there is compliance with state mandated quarantine procedures. This includes a follow-up visit to verify the health of the animal after quarantine. Shelter quarantine will be at the discretion of the County.
Animal Nuisance Hearinqs
At the election of the City, and contingent upon County consent, the County shall provide the City with the services of one Hearing Officer and one administrative assistant to conduct animal nuisance hearings for (i) animal nuisance complaints (based on violation of Ventura County Ordinance Code section 4467 or its equivalent City municipal code provision) originating within the boundaries of the City and (ii) any alleged violation of existing animal nuisance orders previously issued to an animal owner. The County shall charge the City according to the standard hourly rate (for salary and fringe benefits) of the actual Hearing Officer and administrative assistant providing services based on the actual hours expended per hearing. The County will not conduct animal nuisance hearings for a violation of local leash law absent nuisance based on violation of Ventura County Ordinance Code section 4467 or its equivalent City municipal code provision.
City of Simi Valley
Ani ma I srvcsCo ntractcc mtg5-4-20( kl k)
32 Animal License P ino oer License
At the election of the City, the County shall provide the City with animal license processing services at the annual fiscal year cost of six dollars ($6.001 per applicable cat or dog license for each animal within the boundaries of the City. The County shall mail license renewal notices to the animal owner of record; and when the renewal and payment are received, the County will process licenses. City residents can use the County's online weblicensing feature at no additional cost to the City. Licenses will be required before the County will release an animal to a resident of the City. The City animal license fees that the County collects (less the County's license processing fee) will be credited to the City quarterly in arrears against the amount that the City owes the County under the parties' animal services agreement.
Administrative Citation Processinq
At the election of the City, the County shall provide the City with administrative citation processing services for citations issued to animal owners within the boundaries of the City. The citation processing services provided to the City shall be substantially equivalent to any services that the County contracts for with respect to processing of County administrative citations. ln the event that the County reaches a determination, in its sole and exclusive discretion, that it no longer desires to provide administrative citation processing services to the City, the County shall provide the City with sixty (60) days' prior written notice before ceasing to provide such services. The County will provide the following administrative citation processing services to the City contingent upon the City's reimbursement of actual County costs incurred (including, but not limited to, actual costs charged by the County's General Services Agency for mailing and processing of citations and the cost of one (1) hour per month for the services of a Field Services Manager): generate auto citations in Chameleon software; send files to the General Services Agency for processing; receive and review auto citation files from the General Services Agency to ensure accuracy; send reviewed and completed files to the General Services Agency for processing and mailing to animal owners; receive and store finalized PDF file from the General Services Agency; generate email notification to the City's staff with PDF files for further collection and appeals; receive, through a Supervising Animal Control Officer, communication from City staff regarding citizen appeals when necessary; and receive updates from the City regarding customer data to be updated, with the County updating data in Chameleon software.
The City will be solely responsible for collections once citations are issued to animal owners and for paying for collections, including, but not limited to, costs for contracted collections services. The City will be solely responsible for processing any administrative appeals from citations issued. The County will not be responsible for collections or processing administrative appeals from citations.
City of Simi Valley
An i malSrvcsContractCCmtg5-4-20( kl k)
33 x
Part Two: Specific Service Requests and Approvals
The County will provide the City with the services authorized below:
Animal Care Services. The City authorizes the County to provide animal care services for animals originating within the boundaries of the City during fiscal year 2020-21 according to the terms and conditions set forth in Part One of this Agreement. The cost of animal care services for the City will be $699,268.49 for fiscal year 2020-21. Consistent with Section 8.3 of the parties' Animal Services Agreement, the County shall credit the City with revenues paid by City residents toward amounts owed by the City for services provided.
Field Services:
The City authorizes the County to provide budgeted field services during fiscal year 2020-21 of Julv 1, 2020; with field services budgeted at 32 hours per week, to be provided by the County to the City, according to the terms and conditions set forth in Part One. lf it appears that the City may exceed its budgeted cost and hours for field services: (i) the County will continue to provide additional state-mandated services to the City, and the City agrees to pay for those additional state-mandated services at the hourly rates approved by the County Board of Supervisors, and (ii) the County will only provide further field services that are not state-mandated to the City upon receipt of City written approval for such services, and the City agrees to pay for all such services authorized in writing by City personnel. The City hereby agrees to the County's enforcement of the City's municipal code provisions in providing field services.
The City authorizes the County to provide field services only for emergency calls (requests for an animal services officer by law enforcement or fire personnel, vicious animal at large threatening the public, wild animal at large in City area, livestock at large and in sight, stray animal bite with the animal at large or confined by a non-owner) at a not to exceed amount of hours for the fiscal year. This level of service is intended to provide emergency response on an as-needed basis from the County on behalf of a City that employs its own field services when requested by the City and the County is able to respond. The City hereby agrees to the County's enforcement of the City's municipal code provisions in providing field services.
The City declines to have the County provide field services City of Simi Valley
x
Ani ma lSrvcsContractCCmtg5-4-20( kl k)
34 Rabies Control
The City authorizes the County to provide rabies control services The City declines to have the County provide rabies control services Animal Nuisance Hearinqs:
The City authorizes the County to conduct animal nuisance hearings during fiscal year 2020-21 according to the terms and conditions set forth in Part One. The City hereby agrees to the County's enforcement of the City's municipal code provisions in conducting animal nuisance hearings, and the City agrees to enact, and maintain in full force and effect, municipal code provisions substantially equivalent to Ventura County Ordinance Code section 4467. The City hereby further agrees that, whether or not set forth in the municipal code provisions, the animal nuisance hearings hereby authorized include hearings on any alleged violation of existing animal nuisance orders previously issued to an animal owner.
The City hereby agrees that this authorization shall not be effective, and the County shall not be obligated to conduct any animal nuisance hearings for the City during the specified fiscal year, if the County checks the box below declining to conduct such hearings. lf the County so declines, the City will be responsible for providing a hearing officer to preside over animal nuisance hearings involving alleged nuisance animals residing within the City's jurisdictional limits; and the City also shall be responsible for ensuring that the City has in effect an ordinance providing authorization for the City to appoint a hearing officer to preside over animal nuisance hearings involving alleged animal nuisance violations by animals within the City. ln all cases in which the City is responsible for conducting animal nuisance hearings, the County will refer animal nuisance cases after investigation to the City for selection of a hearing officer and noticing of the hearing. A knowledgeable animal control officer familiar with the animal nuisance investigation, if requested by the City, required by the hearing officer, or subpoenaed by any party, will attend the animal nuisance hearing and be available to answer questions posed by the hearing officer, complainant and animal owner. The City will reimburse the County for the attendance of any animal control officer at the animal nuisance hearing pursuant to the hourly rate approved by the County Board of Supervisors.
The City declines to have the County conduct animal nuisance hearings City of Simi Valley
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35 The County declines to conduct animal nuisance hearings for the City during the fiscal year specified above.
Animal License Processinq:
The City authorizes the County to provide animal license processing services for the City during fiscal year 2020-21 according to the terms and conditions set forth in Part One.
X The City has adopted the license fees set forth in Animal Services' approved schedule of rates and fees.
tr The City has adopted the following license fees that differ from the license fees set forth in the Ventura County Animal Services approved schedule of rates and fees:
Specify
Current City license fees were adopted by the City on December 2. 2019 The City declines to have the County provide animal license processing Administrative Citation Processlno:
The City authorizes the County to provide administrative citation processing services for the City during fiscal year 2020-21 according to the terms and conditions set forth in Part One.
The City declines to have the County provide administrative citation processing servtces.
Chameleon ad Riohts:
The City requests read rights for Chameleon software and agrees to pay its portion of the actual County lnformation Technology Services Department server/portalA/PN costs. Costs will reflect the actual County lnformation Technology Services Department additional costs to host and maintain the server for City read only rights to Chameleon and will be equally spread across all participating cities.
The City declines to have the County provide Chameleon read rights City of Simi Valley
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36 CITY OF SIMI VALLEY COUNTY OF VENTURA
Signature
Jackie Rose, Director of Animal Services
Signature
Brian Paul I Ma
Date: /.*ADate
City of Simi Valley
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