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1995 Riverside County - Animal JPA1 JOINT POWERS AGREEMENT FOR SERVICES RELATIVE TO REGULATION AND CONTROL 2 OF DOGS, CATS AND OTHER DOMESTIC ANIMALS 3 THIS AGREEMENT entered into pursuant to the p provisions of 4 Title I, Division 7, Chapter 5, Article 1 (Section 6500, et seq.) of the Government Code, relating to joint exercise of powers 5 between the following Parties: 6 A. COUNTY OF RIVERSIDE through its Health Services Agency, Department of Environmental Health, herein called "County", 7 and 8 B. CITY OF LA QUINTA, herein called "City". 9 WHEREAS, it is to the mutual benefit and in the best interest of County and City to join together to establish this 10 Joint Powers Agreement to accomplish the purposes hereinafter set forth; and, 11 WHEREAS, this Agreement is intended to affirm the current 12 practices in the regulation of animals by the City and the County, and to clarify responsibilities between the City and the County as 13 defined herein, and 14 WHEREAS, City is desirous of County providing certain services relative to the regulation and control of dogs, cats and 15 other domestic animals (ANIMALS) and County is desirous of providing such services; 16 NOW THEREFORE the parties hereto do mutually agree- as 17 follows: 18 1. CITY ORDINANCE GOVERNING ANIMAL CONTROL. City has adopted its Ordinance No. 10 which is substantially similar to 19 County Ordinances No. 534 and 630 with regard to procedures for impounding, regulation and control of ANIMALS. In accordance with 20 the intent imbodied in these respective ordinances, it is hereby understood that the City shall perform all services with respect to 21 the regulation and control of ANIMALS within the City other than as specifically set forth below. City shall maintain said Ordinance 22 in force as long as this Agreement, including any amendment(s) thereto, shall remain in effect, and shall notify County should 23 said Ordinance be amended or repealed. 24 2. ANIMALS DELIVERED TO COUNTY ANIMAL SHELTER. County shall impound and care for all ANIMALS delivered to it at the 25 animal control shelter facilities located at 45-355 Van Buren, Indio, California. 26 3. FEES FOR ANIAMLS DELIVERED BY CITY. Fees and charges 27 for care and/or destruction of any ANIMAL delivered to County by a designated City official or by a verified City resident, which 28 ANIMAL is not redeemed or fees are not paid by its owner, shall be 1 -31�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 charged to City upon monthly accounting and billing by County as follows: Boarding Fees $5.00 per day per ANIMAL Euthanasia Fees $10.00 per ANIMAL 4. CITY/COUNTY FEE VARIATIONS. In the event County is unable to collect any fee, charge or portion thereof from an owner of an ANIMAL within the boundaries of City, by virtue of any lower rates established by City, County shall collect the City's rates from such person, and the difference shall be paid by City upon monthly accounting and billing by County. 5. COUNTY ANIMAL CONTROL SERVICE FEE RATES. Upon the request of City, County shall perform such other services relating to the control of ANIMALS on an emergency basis during the hours and for costs as set forth below: Regular Hours - Monday - Friday, 8:00 A.M. to 5:00 P.M. $41.00 per hour After Hours - Monday - Friday, After 5:00 P.M. and Before 8:00 A.M. After 5:00 P.M. Friday until 8:00 A.M. on Monday. $47.00 per hour Mileage - $.42 per mile for all mileage. All emergency service must be authorized by the City Manager or his designated representative or any peace officer as that term is defined in Section 830 of the Penal Code. County shall submit an accounting and billing invoice to City, on a monthly basis, for costs incurred during the immediate preceding month and said billing shall include the hours of such services provided, the nature of such services and the mileage incurred. 6. EXPENSES OF CITY OR COUNTY PERSONNEL. The services provided by County shall be performed by County personnel under the control of County. City shall have the right to inspect County's records pertaining to the services rendered pursuant to this agreement. To the extent that City officers or employees may voluntarily participate in any of the activities herein provided for, or that peace officers of City shall be called upon to render aid or assistance within the boundaries of City or otherwise to perform law enforcement functions, the expenses thereof shall be borne by City. 7. OTHER SERVICES PROVIDED BY COUNTY. In accordance with County Ordinances relating thereto, County shall: A. Upon request of owner, humanely destroy any ANIMAL and dispose of the remains upon payment by owner of the fees for such destruction and disposal, which fees shall be retained by County. 1 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Impound fees and charges for the release of redeemed ANIMALS shall be collected and retained by County. C. Impound fees and charges for adoption/release of unredeemed impounded ANIMALS shall be collected and retained by County. 8. VETERINARIAN FEES. Notwithstanding any provisions herein contained, City shall be responsible for the payment of veterinarian fees incurred as a result of the enforcement of Penal Code Section 597.1 as follows: A. City shall be responsible for provision of medical and/or veterinary services to any sick or injured ANIMAL seized by City PRIOR TO delivery to County, except that any medical and/or veterinary fees incurred by City in compliance with said Code, and upon redemption and the fees returned to City. City shall be responsible for any continuing pre-existing condtion after delivery of an ANIMAL to County. B. County shall be responsible for providing medical and/or veterinary services to any ANIMAL delivered to it in good health by City which subsequently becomes ill. Upon redeemption of such ANIMAL, the cost of such service shall be collected from the owner and returned to County. 9. TERM OF AGREEMENT. This Agreement shall become effective upon execution or January 1, 1995 which ever is earlier, and shall terminate on June 30, 1995, except that either party to this Agreement may terminate its obligation hereunder upon 60 days written notice to the other. Should execution occur after January 1, 1995 the parties hereby agree that the rates as set forth herein shall be effective retroactively to January 1, 1995. Further, this agreement shall be automatically renewed on a year-to-year basis on the annual termination date thereof, subject to cancellation by either party upon 60 days written notice to the other. 10. INDEMNIFICATION. Each party shall defend, indemnify and hold harmless the other party from liability or damages resulting from its own acts or omissions or those of its officers or employees in the performance of this Agreement. 11. ENTIRE AGREEMENT. This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject provisions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the parties hereto. 12. NOTICES. All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted 3 1 2 3 4 5 6 7 8 7 Well 111 12 13 14 15 16 171 18 19 20 21' 22 23 24 25 26 27 28 one day after their deposit in the United States mail, postage prepaid: COUNTY: INFORMATIONiAL COPY TO: Board of Supervisors County of Riverside County of Riverside Health Services Agency 4080 Lemon Street Department of Environmental Health Riverside, CA 92501-3651 P. O. Box 7849 Riverside, CA 92513-7849 Attn: Contracts Administration UUiV jAAQTVK : City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement. City i By Type or Print Name Title Facsimile Signature affixed by Clerk per COUNTY OF RIV SIDESec. 25103 Gov. Code By Chairman, Board of Supervisors ATTEST: KAY rCENICEROS GERALD A. MALONEY Clerk o he Board By Deputy (SEAL) AC. 9R FORM APPROVED COUNTY COUNSEL DEC 1 51994 4 � BY -