Animal Control Services Agreement
This AGREEMENT between the City of Visalia (“Visalia”) and the City of Exeter (“Exeter”) is hereby effective as of February 1, 2024.
RECITALS
WHEREAS, Exeter is authorized and empowered to employ contractors and specialists in the performance of its duties and functions; and WHEREAS, Exeter has a need for animal shelter services, pursuant to California Health & Safety Code sections 121575, et seq.; and WHEREAS, Exeter has a need for a contractor to handle animal shelter services, animal licensing and animal control field services; and WHEREAS, Visalia will provide these services to meet the Exeter’s needs on the terms and conditions set forth herein; and WHEREAS, Visalia and Exeter previously entered into an agreement for these services on November 2, 2018 and Visalia has provided those services; and WHEREAS, Parties have agreed to modify and replace the prior agreement with this revised agreement; and WHEREAS, Parties agree the prior agreement shall expire on January 31, 2024 and shall be replaced with this revised animal control services agreement beginning on February 1, 2024; and WHEREAS, Exeter shall pay Visalia all outstanding amounts owed under the prior agreement within thirty days of this new agreement taking effect or as otherwise agreed upon in writing between the Parties.
WHEREAS, Exeter agrees that it will consider an ordinance that mandates the spaying or neutering of animals, unless the health or age of an animal would prevent alteration, as a condition of being released from an animal shelter. Exeter shall consider such an ordinance within sixty days of this Agreement being signed. If Exeter adopts such a requirement, then it will notify Visalia so that it will be implemented for the release of animals being held for Exeter residents. If Exeter does not adopt this ordinance, then Visalia may terminate this Agreement on ten days written notice to Exeter.
NOW, THEREFORE, it is mutually understood and agreed as follows:
ARTICLE 1 - COMPLETE AGREEMENT
This Agreement, including the recitals stated above which are incorporated herein by reference, and the attachments and documents incorporated herein constitute the complete and exclusive statement of the terms of the Agreement between Visalia and Exeter and it supersedes all prior representations, understanding and communications. The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of other provisions.
ARTICLE 2 –STANDARD OF CARE
The standard of care with respect to Visalia’s services hereunder will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality and under the same or similar circumstances.
ARTICLE 3 - INDEPENDENT CONTRACTOR
Visalia relationship to Exeter in its performance of this Agreement is that of an independent contractor. Visalia may, at it’s own expense, use employees or subcontractors as Visalia deems necessary to perform the services required under this Agreement. The personnel performing services under this Agreement shall at all times be under Visalia’s exclusive direction and control and shall be employees or subcontractors of Visalia and not employees of Exeter.
Visalia shall pay all wages, salaries, and other amounts due its employees, or subcontractors in connection with the performance of this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers compensation insurance, and similar matters. The personnel performing services under this Agreement shall not be entitled to the rights or benefits afforded to Exeter employees, including disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, or any other Exeter employment benefit.
The relationship between Visalia and Exeter is non-exclusive. Visalia may perform services for, and contract with other clients, persons, or companies.
ARTICLE 4 – DUTIES AND SCOPE OF WORK
4.1 Scope of Work. Subject only to the general policies and direction of Exeter with regard to animal control operations, and to the provisions and requirements of this Agreement, Visalia shall do all things necessary to provide animal control services, animal shelter services and animal licensing services for Exeter. This includes providing space at the Visalia Animal Care Center for sheltering animals from Exeter. As stated in Exhibit “A” Visalia will designate a specific space in the Animal Care Center for animals from Exeter.
4.2 Handling of Animals Brought by Exeter. As described specifically in Exhibit A (Scope of Work), Visalia shall be deemed to be acting on behalf of Exeter in the capacity of providing animal shelters and any animals sent by Exeter to the animal shelter owned and operated by Visalia shall be deemed to be held in the custody of Exeter. Visalia shall hold the animals for the time period required by state law, plus an additional two-day period. After the state mandated hold period plus two days, the animals will be humanely euthanized at Exeter expense or, if Exeter directs Visalia in writing to continue holding an animal after these time periods, then Visalia shall continue to hold the animal on behalf of Exeter and the animal will remain the property of and deemed in the custody of Exeter until Visalia receives further direction as to the handling of the animal from Exeter. As stated in more detail in Exhibit “A” Visalia will begin charging Exeter costs incurred by Visalia after holding an animal for seven days. These charges will be billed separately from the base services stated in Article 7 of this Agreement.
In no event shall an animal that has been determined to be vicious under the Exeter Municipal Code be released to Visalia unless such determination is overturned on appeal.
4.3 Adherence to Legal Standards. Visalia shall be solely responsible for ensuring that all animal shelter services provided hereunder are provided in strict conformance with all laws and statutes relating to the humane treatment of animals and safe handling of animals under applicable state and local statutes, ordinances, and regulations.
Visalia and Exeter agree to cooperate over municipal code enforcement by Visalia on behalf of Exeter. Exeter acknowledges that it has implemented changes to its municipal code violations to allow Visalia personnel, acting under the scope of this Agreement as animal control officers for Exeter, to issue citations for Exeter municipal code violations.
Parties acknowledge that each maintains separate municipal ordinances regarding animals and agree that they shall cooperate in modifying their ordinances to be consistent on what constitutes violations for items such as defining excess noise by animals, vicious dogs, impounding animals, commercial kennel requirements, leash regulations, and licensing requirements. Parties acknowledge that this section recognizes each agency is solely responsible for determining its applicable municipal ordinances and that each may implement separate rules on specific issues. This Agreement is not intended to require either agency to have the same requirements for all animals within its jurisdiction.
4.4 Applicable Charges Collected on Behalf of Exeter. Exeter will provide Visalia with a list of applicable charges, such as licensing fees, that Visalia is to collect on behalf of Exeter. These amounts will be separately accounted for and paid to Exeter monthly with an accounting of each amount charged on behalf of Exeter. Parties agree that this rate of applicable charges may be adjusted by Exeter. Exeter shall provide the revised list of applicable charges to Visalia at least thirty days prior to the date upon which it shall become effective.
ARTICLE 5 - CHANGES IN SCOPE OF WORK; AMENDMENT
It is understood and agreed by Visalia and Exeter that it may be necessary, from time to time during the term of this Agreement, to modify its provisions or to revise the scope and/or extent of Visalia work under this Agreement for the operation and maintenance of the animal control operations. In each such instance, Visalia and Exeter shall consult with each other and shall come to a mutually acceptable agreement as to the nature of the required modification or revision desired.
ARTICLE 6 - TERM OF AGREEMENT
This Agreement shall become effective February 1, 2024 and shall continue in full force and effect through January 31, 2025.
After this term this Agreement may be renewed for up to four additional one-year (twelve month) terms. Parties agree that each of these one-year extensions shall begin automatically unless a party notifies the other of non-renewal within sixty days prior to the expiration of then current term, unless earlier terminated as herein provided. Parties may agree in a writing signed by both Parties to further extend the term of this Agreement.
ARTICLE 7 - COMPENSATION
For the base services performed pursuant to this Agreement, which are described in Exhibit “A” Exeter agrees to pay, and Visalia agrees to accept, as payment in full an annual contract amount of $216,900. Exeter has agreed to pay this amount annually in twelve equal monthly installments of $18,075 beginning on the effective date of this Agreement. Payment of each monthly installment shall be due on the 1st of each month and must be received by the 20th day of each month or a late fee of $250.00 shall be charged to Exeter in addition to the amount owed. If payment is not received, then Exeter will be in breach of this Agreement and Visalia may terminate the Agreement on fifteen (15) days written notice to Exeter if the breach is not cured prior to termination.
Upon the anniversary of the effective date of this agreement, Parties agree that all fees in this agreement will be increased by the annual CPI rate. The CPI rate is calculated using the most recent twelve-month period closest to the anniversary date of the agreement. For purposes of this section CPI means the United States Department of Labor, Consumer Price Index for All Urban Consumers, US City Average, All items, unadjusted index, or if such index is no longer published, a successor or substitute index designated by Visalia, that tracks changes in consumer prices in this area.
In addition to the base services performed pursuant to this Agreement, Visalia shall bill Exeter for additional identified specific costs in addition to the base services. These specific costs include the following:
The costs of euthanizing animals.
The costs of Visalia providing staff to Exeter for special events, as requested by Exeter.
Cost recovery fee for animals received at Visalia animal shelter after operating hours.
Cost incurred by Visalia after holding an animal for more than seven days as specified in Exhibit “A”.
Visalia will charge Exeter for the costs incurred by Visalia in providing these additional services. These amounts shall be recorded and invoiced within thirty days from being incurred by Visalia with a description of the item incurring the costs. Payment is due by Exeter within thirty days of being invoiced by Visalia. A late payment penalty fee of $250.00 shall be charged to Exeter if the payment is not made within this time period. Included in Exhibit “A” to this Agreement is a description of these services, that if provided by Visalia, will be separately charged to Exeter in addition to the annual fee for base services.
ARTICLE 8 - INSURANCE
With respect to performance of work under this Agreement, Visalia agrees to maintain adequate self-insurance. If Visalia utilizes subcontractors to perform any duties required by Visalia under this Agreement, then it shall require its subcontractors to maintain insurance as described below and shall name Exeter as additional insurance:
A. Workers’ compensation insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident.
B. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable); Evidence of insurance, or self-insurance by Visalia, will be made available to Exeter upon request.
Exeter must provide proof of insurance coverage for any Exeter employee or subcontractor that delivers or receives animals to or from Visalia under this Agreement. Exeter agrees to provide Visalia with proof of insurance that names Visalia as additional insured and indicates that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with the insurance provided. Exeter agrees that this insurance may be in the form of self-insurance or insurance policies that meet or exceeds the coverage requirements stated above for any subcontractors used by Visalia, and in addition since Exeter staff or subcontractors would be utilizing vehicles, Exeter shall provide proof of comprehensive automobile liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
ARTICLE 9 - INDEMNIFICATION
Visalia hereby agrees to indemnify and hold Exeter and its officers, agents, employees and assigns harmless from any liability imposed for injury (as defined by Government Code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to any act or omission, including strict liability or negligence of Visalia, or of anyone acting under Visalia’s direction or control or on its behalf, in connection with or incident to, or arising out of the performance of this contract.
Exeter hereby agrees to indemnify and hold Visalia and its officers, agents, employees and assigns harmless from any liability imposed for injury (as defined by Government Code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to any act or omission, including strict liability or negligence of Exeter, or of anyone acting under Exeter’s direction or control or on its behalf, in connection with or incident to, or arising out of the performance of this contract.
This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.
ARTICLE 10 - TERMINATION
This Agreement may be terminated by either Visalia or Exeter in whole or in part, at any time by ninety days written notice from one party to the other.
ARTICLE 11 – EMPLOYMENT REGULATIONS
All services performed by Visalia pursuant to this Agreement shall be performed in accordance and full compliance with all applicable state and federal laws relating to employment including but not limited to the Fair Labor Standards act, Fair Employment Practices, Equal Opportunity Employment Act and all other applicable Federal and State laws and regulations regarding employment and immigration, including nondiscrimination, compensation, taxation, etc.
Visalia agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, sexual orientation, age, or disability.
ARTICLE 12 – CONFLICT OF INTEREST
Visalia covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of service required to be performed under this Agreement.
ARTICLE 13 – AUDIT; RETENTION OF RECORDS|
Visalia shall allow the authorized representatives of Exeter to inspect and audit all data and records of Visalia relating to performance under this Agreement. Such audit shall be allowed upon reasonable notice of Exeter. Further, Visalia shall maintain all required records for three (3) years after final payment under this Agreement and until all other pending matters are closed.
ARTICLE 14 – ACCESS TO RECORDS
Visalia agrees to provide Exeter or any of their authorized representatives access to any books, documents, papers, and records of Visalia, which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.
Visalia agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
ARTICLE 15 – ATTORNEY’S FEES
In the event it is necessary to institute litigation to enforce any of the terms and conditions of this Agreement, the prevailing party in any such litigation shall be entitled to an award of reasonable attorney’s fees and costs incurred therein, as determined by the court.
ARTICLE 16 – NOTICE
All notices hereunder and communications with respect to this Agreement shall be effected upon the mailing thereof of registered or certified mail return receipt requested and addressed as follows:
FOR Visalia: FOR Exeter:
Animal Services Manager Adam Ennis
29016 Highway 99 137 North F Street
Visalia, CA93277 Exeter, CA 93221
ARTICLE 17 – MODIFICATIONS
Modifications to this Agreement shall be in writing signed by both parties, unless explicitly indicated otherwise herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
CITY OF VISALIA CITY OF EXETER
____________________________ ___________________________ Approved as to Form Approved as to Form
____________________________ ____________________________ City Attorney City Attorney
____________________________
Risk Manager
Exhibits:
A: SCOPE OF WORK
EXHIBIT “A”
SCOPE OF WORK
SECTION 1 - SHELTERING
Visalia also referred to as “CONTRACTOR” shall perform the duties and accept the responsibilities set forth below in connection with its operation of animal sheltering services. It is the intent of the parties that Visalia shall provide all necessary services to shelter and care for animals delivered by or on behalf of Exeter to Visalia.
1.1 Sheltering - General
Visalia shall provide Exeter with animal care for the legally required holding periods, including Stray Hold, Current License and Microchip/Notice of Impound, Protective Custody, Vicious Hold, and Quarantine as required pursuant to Food & Agriculture Code Sections 17006 & Sections 30501-32003 and applicable City of Exeter Municipal Code provisions, as provided to Visalia by Exeter.
Below is a list of applicable required holding periods, after each of these holding periods there shall be an additional two-day holding period that the animal shall remain the property of Exeter and during which time Visalia shall determine whether the animal shall be euthanized at the expense of Exeter or if Exeter will direct Visalia to retain the animal for an additional period. Exeter may instruct Visalia, in writing, to hold an animal after these designated time periods and in these instances the animal will remain the property of Exeter and held under this Agreement until Exeter provides alternative instructions to Visalia.
If Visalia euthanizes an animal at the expense of Exeter, then it shall track the date and cost. Visalia shall bill Exeter within thirty days of the animal being euthanized. This amount shall be charged separately from the base services fee by Visalia.
Description
Duration
Stray Hold
Four (4) business days, (not counting the day received) .
Current License &
Microchip Notice of Impound
Six (6) business days, (not counting the day received).
Protective Custody
Fourteen (14) consecutive days, (not counting the day received) Vicious Hold
Thirty (30) consecutive days, (not counting the day received). Hold may be extended pending legal appeals. Any animal that has been determined to be vicious shall be humanely euthanized following exhaustion of any appeal period and shall in no circumstances be released to CONTRACTOR. In the event a vicious determination has been reversed on appeal of the animal owner, subject to a probationary period or otherwise, the animal shall be returned to the property owner and shall not become the property of the CONTRACTOR.
Quarantine
Ten (10) consecutive days, (not counting the day received) The above hold periods are subject to change based on legal requirements. Business days are Monday through Friday.
Visalia shall bill Exeter the applicable daily charge from the Visalia rates and fees for holding an animal after an animal has been held for more than seven days. This amount shall be charged separately from the base services fee by Visalia.
1.2 Sick and Injured
Visalia shall provide sick and injured animal care, required vaccinations (DHPP for dogs and FVRCP for cats), microchip implanting of animals redeemed by their owners, and dead animal disposal services pursuant to Penal Code Sections 597f and 597.1.
Sick and injured animal care includes any veterinary cost incurred, or veterinary medications prescribed for animal care for administration, during the mandated holding period; no additional compensation shall be provided by Exeter for such costs. Visalia will be responsible for ascertaining the basic humane treatment needed.
1.3 Jurisdiction
Visalia shall house animals brought into the shelter by the Exeter’s residents or Exeter employees, contractors, or agents, providing animal control services.
1.4 Reporting
Visalia shall submit a Monthly report, by the 20th of the following month, which shall include Exeter animal intake and disposition numbers, specifically listing protective custody, vicious & quarantine holds. Intake and Disposition totals shall list number of animals in each stray hold category. The Monthly Report shall also include a record of all training for ACO’s and any vicious dog hearings attended.
1.5 Shelter/Performance Standards
Visalia shall take reasonable steps to provide temporary care for wild animals and fowl that come into its custody from Exeter and will attempt to transfer custody of wild animals and fowl to a wildlife care facility or other suitable facility for treatment and rehabilitation. If transfer is not possible, then Visalia will humanely euthanize the animal and charge Exeter the standard euthanasia fee.
Visalia shall maintain suitable office hours at the animal shelter for the convenience of the public and for any other purpose under the Agreement.
Exeter employees, performing official functions at the shelter, shall be granted access to animal shelter when Visalia staff are working at the facility. If Exeter requires access when it is not during normal Visalia operating hours, Visalia shall charge a flat fee of $200.00 to Exeter. This amount shall be charged separately from the base services fee by Visalia.
Visalia may appoint competent and qualified agents for the carrying out of responsibilities under this Agreement.
1.6 Impounding and Sheltering
Visalia shall provide all necessary food, water, shelter and give all basic care and attention to such animals and fowl while they are in the Visalia’s possession and until adopted, placed or otherwise humanely euthanized and disposed of in accordance with federal, state, or local law.
Visalia shall fully cooperate with the Tulare County Health Department by following procedures required by applicable state or local quarantine codes concerning persons or animals bitten by an animal in the City of Exeter All animals licensed, redeemed, or adopted at the shelter or clinic shall be micro-chipped.
Owners of animals shall be responsible for and separately charged by Exeter for all shelter fees incurred in the impoundment, including, but not limited to: boarding, vaccinations, quarantine & protective custody fees. As stated in Section 2, Visalia will bill these amounts on behalf of Exeter based on the applicable list of fees provided by Exeter.
1.7 Service Standards
Visalia shall be responsible for the employment and supervision of all employees necessary to perform animal sheltering operations.
Visalia shall communicate customer care standards and animal care standards to all employees at the time of hire and as part of an ongoing coaching/training program. Those standards include professionalism, fairness, objectivity, respect and compassionate animal care.
Visalia shall comply with applicable State and federal employment laws, including Section 1735 of the California Labor Code and Title VI of the Civil Rights Act of 1964, as amended.
Nothing in this section shall be construed by either Visalia or Exeter to be in conflict with the language and intent of Article 4, entitled “Independent Contractor,” of the AGREEMENT of which this Scope of Work is a part.
The maximum number of animals Visalia can take by Exeter is limited to 300 animals. If this amount is exceeded, then Visalia will notify Exeter. After this capacity is reached, then Visalia will only accept animals from Exeter if there is space and capacity at the animal shelter but an additional charge of $315.00 per animal will be applied in such instances.
1.8 Animal Care Center Customer Service Assistance
Visalia shall provide customer service staff to support the public counter at the Animal Care Center during hours and days that the Center is open. Duties for such customer service staff shall include, but not be limited to, answering telephones, helping citizens to look for lost animals, etc.
1.9 Emergencies and Natural Disasters
In the event of an emergency or natural disaster, Visalia agrees to work with Exeter to provide sheltering services and facilities to assist Exeter in dealing with such incidents. Visalia may be required to limit services under this Agreement if staffing and animal shelter space become unavailable and shall notify Exeter if they are unable to provide services due to an emergency or natural disaster. Visalia shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, to Exeter, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon by Visalia and Exeter following the conclusion of the emergency or disaster, or at such other time as they may mutually agree.
Section 2 – LICENSE REVENUE COLLECTION AND REPORTING
Visalia shall be responsible for animal licensing on behalf of Exeter. Visalia will track amounts received and deposit funds received with Exeter on a monthly basis or as otherwise agreed with between Visalia and Exeter.
Exeter shall be responsible for providing Visalia with a schedule of applicable fees and license requirements for Visalia to apply for each fiscal year on or before July 1.
Visalia will be responsible for mailing license bills, following up on licensing leads received from Exeter, assist persons at shelter with licensing questions and paying for their pet licenses.
Visalia shall prepare a monthly report of all licenses issued on behalf of Exeter, expiration dates of licenses, and applicable owner information.
Section 3 – ANIMAL CONTROL SERVICES
3.1 Field Services – Visalia shall provide the following animal control field services during normal business hours:
a. Respond to calls for service related to alleged violations of the Exeter municipal code or state law pertaining to the care, keeping, treatment, and management of animals. This includes but is not limited to excessive animal noise complaints, animals running at large, and vicious dog matters within the Exeter. Response time will be dependent on officer availability. b. Pick-up stray animals that are in violation of applicable municipal ordinances or otherwise subject to impoundment under applicable municipal ordinances. c. Pick up dead animals for disposal.
d. Pick up and transfer to shelter animals that have been surrendered to Exeter municipal services, or animals that have been captured by Exeter employees for transfer to animal control shelter. e. Investigate reports of animal bites and pick up animals for quarantine of animals under applicable laws for rabies observation. f. Investigate reports of rabid animals and attempt to capture such animals and investigate reports of wild animals upon request. g. Assist in the preparation and filing of administrative, civil, or criminal prosecution of Exeter municipal code ordinances, or as applicable state law. h. If authorized by Exeter, issue administrative citations for Exeter municipal code violations, and appear at any administrative appeal hearings to support the issuance of the citation. Exeter shall be responsible for prosecution of all matters. i. Assist with public outreach programs as requested by Exeter, such as public education on animal licensing, spaying or neutering clinics, (including assisting with spaying or neutering domestic animals at low cost) other services, such as encouraging animals to be vaccinated or assisting Exeter with providing low-cost vaccination programs. Visalia agrees that, pending applicable scheduling requirements, it can provide special event services onsite to Exeter or animal control assistance to Exeter staff during special events. Visalia cannot guarantee staff availability to Exeter for any special event but agrees to reasonably work with Exeter so that Visalia staff may be available. If Visalia staff are used at an Exeter special event, then Visalia staff can attend for an additional cost of $250.00 per four hours of staff time, with four hours being the minimum amount charged by Visalia. This amount shall be charged separately from the base services fee by Visalia.
3.2 Emergency Animal Control Services- Visalia shall respond to the following circumstances during normal business hours, or at any time if an emergency call for services is forwarded to City of Visalia dispatch requesting animal control field services. Response time will be dependent on officer availability. a. Animals posing an active and present threat to public safety, such as potentially rabid animals or animals that have bitten humans. b. Respond to calls for assistance for animal-related issues from Exeter emergency services.
3.3 Exeter Obligations- Exeter shall be responsible for the following:
a. Provide for the preparation, filing, and prosecution of civil or criminal violations of Exeter municipal codes or state law. Visalia animal control officers will assist with preparation of such documents but it will be the responsibility of Exeter to decide whether to prosecute such cases. Exeter is also solely responsible for defending any administrative citation issued by Visalia personnel on behalf of Exeter that is appealed. b. If an administrative process is used for citations or vicious dog determinations, then Exeter is solely responsible for the implementation and costs of the administrative appeal process. The responsibilities of Exeter will include, but are not limited to, receiving, and processing appeals, selecting a hearing officer, arranging a space for a hearing, coordinating the dates for the hearing with the hearing officer, appellant, and the Visalia staff that issued the citation, payment of the hearing officer, delivery of the hearing decision, and defense of any appeal of the administrative decision. c. Provide assistance and support to Visalia animal control officers as necessary to safely and effectively execute the operational requirements of this Agreement.
3.4 Oversight and Inspection of Commercial Kennels and Breeders - Visalia shall enforce any applicable municipal ordinances concerning commercial kennels and animal breeders that apply within Exeter city limits.
3.5 Annual Animal Control Service Reports - Visalia shall provide, on an annual basis, a report reflecting field services provided to Exeter under this Agreement. After providing such report Exeter and Visalia representatives shall meet and confer as necessary to discuss service issues and whether modifications to the scope of services should be made. 8 9