HomeMy WebLinkAbout05 - Animal Shelter Contract RenewalCITY OF NEWPORT BEACH
POLICE DEPARTMENT
April 24, 2001
April 24, 2001
Item No. s
TO: Honorable Mayor, Members of the City Council and City Manager
FROM: Bob McDonell, Chief of Police
SUBJECT: Animal Shelter Contract Renewal
RECOMMENDATION:
Approve the renewal contract for animal shelter services with the Dover
Shores Pet Care Center. The City Attorney has approved the document.
2. Approve the attached Resolution reflecting the new fees associated with the
contract, amending the Master Fee Resolution.
BACKGROUND:
In accordance with the provisions of our existing Shelter Services contract with
the Dover Shores Pet Care Center operated by Dr. Bruce Bauersfeld, we
received a notice of cancellation of our current agreement and a request to
renegotiate the terms of that contract. The reasons stated were increasing costs
incurred as a result of requests from the City for additional service and
requirements to adhere to newly enacted State legislation. The contract requires
a 120 -day notice of termination, which was given, and will result in the
termination of the current agreement, effective April 30, 2001.
Our existing agreement and the on -going relationship with the Dover Shores Pet
Care Center has resulted in a cost - effective and efficient means of providing
animal shelter services to our community. Dr. Bauersfeld has developed a
program to provide for a humane method of adopting out all animals suitable for
adoption, resulting in a very low rate of euthanasia compared to other quality
shelters.
Police Department staff members and the City's Revenue Manager have worked
closely with Dr. Bauersfeld in arriving at the attached revised contract agreement
and associated amendment to our fee Resolution. The substantive changes
proposed have been made in order to comply with SB1785, authored by Senator
Hayden, which requires that all animals adopted from an Animal Shelter must be
spayed and neutered and sheltered for a longer period of time. Associated fee
Animal Shelter Contract Renewal
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increases are also proposed in order to provide for those requirements; however,
they are still consistent with the fees charged in the surrounding jurisdictions.
Less significant changes in the agreement include the City's requirement of Dr.
Bauersfeld to dedicate a minimum number of hours per week by the designated
Shelter Coordinator for those related activities. In addition, the agreement
clearly specifies the hours and days of operation of the Shelter throughout the
year, to avoid miscommunications between the shelter, City staff, and the
Community.
In summary, members of the Police Department's Animal Control Unit have
enjoyed a very good working relationship with the Dover Shores Pet Care Center
since March 1, 1991. It is our experience the citizens of Newport Beach have an
effective program to deal with sheltering issues and concerns.
The proposed changes in the contract will result in an approximate increase in
Shelter costs from $56,000 to $83,000 per year, which covers the additional
services required by SB1785, as well as other anticipated cost increases
associated with sheltering operations required by the City. The anticipated
increase has been incorporated into the proposed budget for FY2001/02. The
costs for the remainder of this fiscal year will be absorbed within our existing
budget. A portion of these fees will be claimed from the State as mandated
expenditures.
Prepared by,
Andy Gonis, Lieutenant
Traffic Services Commander
Approved by,
Paul Henisa�Captai
Acting Chief of Police
ANIMAL CONTROL AGREEMENT
THIS AGREEMENT, is made and entered into, effective the day of , 1997,
2001, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "City ", and ,
DOVER SHORES PET CARE CENTER, a California corporation, BFuGe G.
BEM., DiresteFF at 2075 Newport Boulevard, Costa Mesa, California 92627, hereinafter
referred to as "Veterinarian."
WITNESSETH:
WHEREAS, under its Municipal Code, the City of Newport Beach is obligated to
impound and keep fowl and animals found running at large; and
WHEREAS, the Code requires the licensing and vaccination of dogs kept within
the City; and
WHEREAS, City does not have facilities suitable for impounding and keeping
fowl, dogs, cats or other animals; and
WHEREAS, Veterinarian has facilities for receiving and caring for fowl and
animals that may be picked up running at large on the City streets,
NOW, THEREFORE, the parties agree:
1. Animal Care. Veterinarian agrees to receive and care for any dog, cat, bird, fowl,
or animal other than a horse, cow, or animal too large to be cared for in his facilities
(hereinafter referred to collectively as "animal'), that is delivered to him by the City.
2- Inspection SFieitef Hours. Visitors shall be permitted to view all impounded
animals during normal inspection hours. Normal inspection hours shall include either a
Saturday or one evening a week (except weeks with holidays). Shelter shall permit
visitor viewing of impounded animals at least thirty -five (35) hours a week (except
weeks with holidays). Inspection hours shall be posted so as to be easily observable at
the front exterior of the shelter Of 9Q9 . 4n. FFida
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a) The Shelter will be closed on the following holidays and their extensions:
Holiday
Holiday Description
Independence Day
JuIV 4
Labor Dav
1st Monday in September
Veteran's Day
November 11
Thanksgiving Da v
4th Thursday in November
Christmas Eve
1/2 Day
Christmas Day
December 25
New Year's Eve
1/2 Da
New Year's Day
January 1
President's Day
3rd Monday in February
Memorial Day
Last Monday in May
Holidays occurring on a Sunday shall be observed the following Monday.
b) The normal animal inspection hours will be:
Tuesday throuqh Friday 10:00 AM to 5:00 PM
Monday and Saturday 10:00 AM to 3:00 PM
Sunday — Closed
C) Veterinarian may change the specific times of the normal inspection hours
with the written consent of the Patrol /Traffic Division Commander of the
City Police Department, as long as the minimum viewing hours
requirement as stated in paragraph 2 "Inspection Hours" is met.
Holding Period. Unless claimed by the owner sooner, Veterinarian will hold any
animal delivered to him for the following periods:
a) All animals shall be held a minimum of four days. Said holding period does
not include the day of impoundment. At the discretion of the Animal Control
Officer, if any animal bears identification, said animal shall be held for six (6)
days. This six (6) day period shall not include any day the shelter is closed.
b) Sundays, holidays or any other day the Shelter is closed shall not accrue
to the holding period.
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c) The holding period will not apply if the Veterinarian or Animal Control Officer
determines the individual circumstances to be extraordinary (e.g. suffering
irremediably, wild, vicious, dangerous to humans, rabid, etc.)
d) For the purposes of the "Holding Period' "Animal" means any dog cat, rabbit,
guinea pip hamster, pot - bellied pip bird lizard snake turtle or tortoise
legally allowed as personal property.
4. Disposition of Impounded Animals. After the slaim holding period, Veterinarian
will may dispose of an animal either by selling it in accordance with the terms of Section
1208.5 of the Code of Civil Procedure, or by destroying it in accordance with Sections
7.16.020 and 7.16.060 of the Newport Beach Municipal Code, and any applicable State
Law. Or. Veterinarian may place the animal in his Pals for Pets adoption program, and
attempt to adopt said animal on a best efforts basis. Animals that are scheduled for
euthanasia which are not considered extraordinary circumstances, may, at the request
of any 501 (c) (3) Internal Revenue Code animal rescue or adoption organization, be
released to said organization subject to standard fees.
5. Fees for Services. Upon redeeming an animal, the owner must pay all fees
accrued, including impound boarding, medical treatment, vaccination, safekeeping
and /or quarantine fees. Veterinarian shall collect from owner the impound fees and do
license fees established by Resolution of the City Council. BeaFeling and safekeeping
.. :sure arrrrn�o. .
INM
a) (1) Boarding Fees. Veterinarian shall retain a boarding fee for each day, or
part thereof, an animal is in his care. Boardinq fees shall be established
by Resolution of the City Council. Veterinarian shall collect from the
owner said Boarding Fees for all impounded animals when they are
claimed.
a) (2) Veterinarian shall bill the City monthly for the boarding fees of all animals
delivered to him by the City, which were not claimed by their owners.
b) Safekeeping Fees. Safekeeping fees shall be established by Resolution of
the City Council.
c) Quarantine Fees. Quarantine fees shall be established by Resolution of the
City Council.
d) Rabies Vaccination Fee. In the event Veterinarian is required to dispense an
inoculation against rabies to any Animal delivered by City. Veterinarian shall
charge a fee established by Resolution of the City Council for the inoculation.
The fee shall be collected from the owner or any other person to whom the
Animal is sold or delivered.
6. Adoptions. Veterinarian shall, on a best efforts basis, attempt to adopt all
animals in his care that are suitable for adoption. During the holding period if an animal
is adopted by a person or organization that had no previous interest in the Animal
Veterinarian will collect from said person or organization an adoption fee established by
Resolution of the Citv Council.
Said adoptions for does and cats shall include one set of basic health vaccinations
[(dogs- DHLPP) (cats- FVRCPC)1 rabies vaccination physical examination and spaying
neutering, or a certificate of sterility as appropriate.
7. Spay and Neuter. All dogs and cats adopted during the holding period shall be
spayed or neutered as required by applicable State law. Surgery shall be performed at
the sole discretion of Veterinarian in compliance with the California Veterinary Practice
Act.
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If a dog or cat is unable to be spayed or neutered for medical reasons at the time of
adoption, Veterinarian shall collect a refundable deposit:
a) Spav Neuter Deposits. If a dog or cat is adopted from the shelter by a person
who had no previous interest in the dog or cat, Veterinarian will collect from
said person a spay /neuter deposit as provided bv, and in compliance with,
Sections 30503 and 31751 of the Food and Agriculture Code. The
spay /neuter deposit shall be a maximum of seventy -five dollars ($75) for dogs
and thirty dollars ($30.00) for cats.
b) Spay Neuter Deposit Refunds. Pet owners may reclaim their deposit from
Veterinarian by presenting a certificate of sterilization, along with a receipt for
the surgery, within the prescribed period. An accounting of spay /neuter
deposit collections and refunds shall be made to the City Revenue Manager
monthly.
S. Special Handling. In the course of providing animal control services, both parties
acknowledge that situations arise that are neither predictable nor routine. Veterinarian
shall, on a best efforts basis, provide any and all services that the City requests of him.
Fees for these services will be determined by Veterinarian on an individual basis and
will be billed to the City monthly subject to approval by the Animal Control Officer. Said
services shall include but not be limited to the following: long term hold for trial, boarding
and /or treating exotic and /or unusual pets, Penal Code Section 597 necropsies, Penal
Code Section 597 abuse, and other forensic issues.
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Twelve DellaFs ($12.00) f9F the The fee shall be GelleGtad- frern the
89. Emerpencv Medical Treatment. In the event Veterinarian is required to
perform emergency services and / or medical treatment for any injured animal delivered
to him by City, VeterinaFiPR rhall GhaFge the Gity a the fee for said services shall be
collected from the owner to whom said animal is delivered. Or, in the case of an
adopted animal or an unclaimed animal destroyed or disposed of by Veterinarian
pursuant to this Contract, City shall pay such fee. However, Veterinarian shall not
charge the City a fee that exceeds one hundred dollars ($100.00) for emergency care,
or fifty dollars ($50.00) in case of non - emergency medical treatment. of not rnare th;;A
ferty seveR DellaFs and Pifty Cents ($47.69) foF said The fee shall he
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910. Shelter Coordinator. Veterinarian will provide a designated Shelter
Coordinator whose duties will be dedicated to the operations of the shelter a minimum
of twenty (20) hours per week. Said duties will include: public information, public
relations coordinating shelter activities with the veterinary hospital, coordinating shelter
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activities with the City, facilitating information exchange between the shelter and the
City, and presentation of monthly reports and statistics regarding shelter operations.
11. FEES.
Base Contract Fee. City shall pay Veterinarian a fee for costs associated with to
defray -clerical services, euthanasia, disposal, salaries, and other operating costs
asseciated- pertaining to with the animal impound services. Veterinarian will bill
City on a monthly basis for these its asWat costs as accrued under this base
contract fee, an amount not to exceed Three thousand five hundred forty four
dollars and eighty two centsl$ 3.544.82 T...^ Tk ,. A Al;no W..nA,oA Twonh,
Eight and F=a#y GRe Gents ($2,929.51) peF .
Boarding Fees. City shall pay Veterinarian a fee for animal boarding services.
Veterinarian will bill City, on a monthly basis, a fee for each animal impounded
pursuant to this contract which is neither claimed by an owner nor adopted during
the holding period. Said fee shall not exceed seventy dollars ($70.00) per Animal.
In the case of small snakes, small birds, guinea pigs, hamsters, and similar
Animals, which may require less care than the average dog or cat, said fee shall
not exceed forty -five dollars ($45.00) per animal
Spay and Neuter Fees. City shall pay Veterinarian a fee for spaying and
neutering. Veterinarian will bill the City a fee for spaying or neutering all
adoptable cats and dogs, leaving the Shelter, other than with the original owner,
as required by State Law, of $98 per animal.
AAA4a4- 13iennial Adiustment. Said base contract fee, emergency and non-
emergency medical fee cap, City boarding fee cap and spay and neuter fee shall
be aRRually-adjusted biennially on bi- aAAaally July 1st , beginning in 2002, Marnh
to reflect the percentage change in the cost of doing business as measured by the
Consumer Price Index (Los Angeles- Anaheim - Riverside). Vet9FiRaFiaR agrees
that iR GORGiderati -an forthe -;;-hA-ve menthly Gharge. it will hire an additional shelter
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Charqes For Service. Veterinarian agrees to charge and collect fees for service
as established by Resolution of the City Council of the City of Newport Beach.
12. Continuing Education. Both parties agree that from time to time a designated
individual employed at the Shelter will be called upon to attend educational meetings
and /or to represent the Shelter at locations other than the shelter proper. City shall
Provide funds not to exceed six hundred dollars ($600.00) per year for actual costs
associated with continuing education. In addition, 144 hours of paid salary shall be
budgeted for the same year to be applied to the actual time said employee is involved
with the activity. Veterinarian shall bill City the hourly rate to which the employee is
entitled plus 25% of said rate.
—13. ord Kee in . Veterinarian shall keep records to show the date each
animal is delivered to him by City, the time it is kept, the disposition of it, the amount of
fees or charges collected from the owner or person to whom it is sold or delivered.
These records shall be open and available for inspection by City. All fees - revenues e
charges exeept from City dog license, the unclaimed spay and neuter deposits,
Fevenues and fifty percent of impound fees, collected by Veterinarian shall be remitted
to City monthly.
All other fees shall be retained by Veterinarian. Veterinarian understands City can claim
reimbursement for certain costs from the State of California under SB -90 and agrees to
collect and keep all records identified by the Revenue Manager necessary for filing such
claim during the normal course of business. Veterinarian also agrees to provide copies
of identified records within 10 working days of request. City agrees to compensate
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Veterinarian for reasonable costs associated with recreating records Veterinarian was
not previously directed to maintain.
11 -14. Monthly Billing. At the end of each month, Veterinarian shall bill the City
for the charges ef beaFdaRg, destrayiRg, and dispeGiRg ef aRimals whigh that have
accrued during such month pursuant to this Contract. These shall include the base
contract fee, boarding fees (less those boarding fees already collected from owners who
have claimed impounded animals), special handling fees, emergency and / or medical
treatment, fees for spaying and neutering dogs and cats, and other expenditures
including, but not limited to, medical supplies for City. Shelter equipment, printing forms,
etc. as approved by the Senior Animal Control Officer. Gity shall pay the Aame within
fifteeR (15) days afteF the Feeeipt !hereof.
42—.15. Standard of Practice. Both parties acknowledge that Veterinarian and the
facility (Dover Shores Pet Care Center) engaged for use under this Contract are both
fully licensed and regulated by the authority given the California Department of
Consumer Affairs' State Board of Veterinary Medicine under the Veterinary Practice Act.
Veterinarian shall be required to insure that both the facility, and the standard of
veterinary medicine practiced at said facility, are in full compliance with the California
Veterinary Practice Act.
16. Indemnification. Veterinarian agrees to indemnify, defend, save and hold
harmless City, its City Council, boards and commissions, officers and employees from
and against any and all loss, damages, liability, claims, suites, costs and expenses for
damages of any nature whatsoever, including, but not limited to, bodily injury, death,
personal injury, property damages, attorneys fees and court costs arising from any and
all negligent action of Veterinarian, its employees, agents or subcontracts in the
performance of services or work conducted or performed pursuant to this Agreement.
1-17. Insurance. Without limiting Veterinarian's indemnification of City,
Veterinarian will obtain and maintain at its own expense during the term of this
Agreement policy or policies of professional liability insurance. The City shall be named
as additional insured under the er ^^l.; ^ies ^f general liability /premise
liability policy. The policy or policies shall contain provisions requiring City to receive at
least thirty (30) days written notice prior to the expiration, cancellation, or any material
change in the provisions of any policy or policies of insurance. Veterinarian shall obtain
liability insurance policies with $2 million coverage (per occurrence) for general
liability /premise liability and $1 million coveraqe (per occurrence) for malpractice. Such
policies shall be signed by a person authorized by that insurer to bind coverage on its
behalf and must be filed with the City prior to performing any work pursuant to this
Agreement. Veterinarian shall also maintain and obtain worker's compensation
insurance covering all employees in amounts required by, and in compliance with, laws
of the State of California.
Y4'-1 S. Inspection. City reserves the right to allow a representative of the
Newport Beach Police Department to enter the premises at any reasonable time to
inspect the same or any part thereof and to attend to or protect the City's interest with a
procedure to terminate the Agreement if unsatisfactory conditions exist.
16. -19. Term. The term of this Agreement shall commence on , 199:7, and
shall continue thereafter; provided, however, that this Agreement may be terminated by
either party, without cause, by giving one hundred twenty (120) days' prior written notice
to the other party.
46-20. Arbitration. The parties agree that they will endeavor to resolve any
dispute, controversy or claim arising out of or relating to the agreement. In the event
the parties are unable to do so, any dispute, controversy or claim shall be finally settled
by arbitration. The parties shall meet and confer on the procedures to be used in
arbitration. Any award or judgment rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof.
21. Sole Agreement. Both parties acknowledge that this contract is the sole
agreement between the two parties. Said agreement supersedes any and all previous
agreements between the two parties.
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22. Notices. All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served when
delivered personally or on the second business day after the deposit thereof in the
United States mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests or approvals from Veterinarian to City shall be
addressed to City at :
City of Newport Beach
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, CA 92659 -1768
Attention: City Manager
All notices, demands, requests or approvals from City to Veterinarian shall be
addressed to Veterinarian at:
Dover Shores Pet Care Center
2075 Newport Boulevard
Costa Mesa, CA 92627
Attention: Bruce Bauersfeld, DVM
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first written above.
CITY OF NEWPORT BEACH
Municipal Corporation
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City Manager
BAUERSFELD ENTERPRISES LTD.
DOVER SHORES PET CARE CENTER
A California Corporation
By:
Bruce Bauersfeld, D.V.M.
APPROVED AS TO FORM:
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CITY ATTORNEY
ATTEST:
CITY CLERK
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RESOLUTION N0.2001-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING THE CITY'S FEE SCHEDULE
FOR MUNCIPAL SERVICES
WHEREAS, the City Council of the City of Newport Beach adopted Resolution 2000-
60 on June 27, 2000 establishing the Fee Schedule for municipal services; and
WHEREAS, it is the desire of the City Council to consolidate all fees for service in a
single Fee Schedule of municipal services; and
WHEREAS, it is the desire of the City Council to maintain the City's Fee Schedule in
order that it be complete and up to date.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1. The City's Fee Schedule is amended to include the following services and
fees.
SERVICE
DESCRIPTION
DEPT
REFERENCE
Fee
Impound Fee
Dog, Cats and Other
Similar Size Animals
PD
M.C. 7.16.050
$35.00 + an accumulative $17.50
ea. incident within 1 yr.
Impound Fee
Small Animals
PD
M.C. 7.16.050
$17.50 + an accumulative $8.75 ea.
incident within 1
Regular Board Fee
Per Day
PD
$12.00
Safekeeping Fee
Per Day
PD
$12.00
Quarantine Board Fee
Maximum Per Day
PD
$25.00
Rabies Shot
PD
$12.00
Adoption Fee
PD
$75.00
Section 2. The Fees shall become effective upon adoption of this Resolution.
Passed and adopted by the City Council of the City of Newport Beach at the regular
meeting held on the 24th day of April 2001.
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ATTEST:
CITY CLERK