2016-18 Riverside County - Animal Field & Shelter ServicesCOUNTY OF RIVERSIDE
DEPARTMENT OF ANIMAL SERVICES FOR COUNTY USE ONLY
, - CI
CONTRA12T NO. RFP NO.
15-011
• •�EPARTMENT ID. ACCOUNT:
IS L I EM 12 ......... ......... HS600017 773220 773210,773230
CLASS/LOCATIW CONT T AMOUNT: $152,628
PERIOD OF PERFORMA
Shelter Services: July 1, 2015 through June 30, 2016 with option to
renew through June 30, 2018
Field Services: February 15, 2016 through June 30, 2016 with option
11 — , I Nn 220-1
COUNTY CONTACT' TF-60--TRACTOR REPRESENTATIVE:
Robert Miller (951) 358-7442 Frank J. Spevacek (760) 777-7000
PROGRAM NAME: Animal Field and Shelter Services to the city
subdivision of the State of California, through its Department of Animal Services, hereinafter referred to as
COUNTY, and City of La Quinta, hereinafter referred to as CITY.
WITNESSETH:
TATIM-N M6. III � 11111110MI•M111 I� 1111•W I I III I
1111101111112 1111TITITITEMM
COUNTY Approvals
Approved as to form. -
Title 0MUIA
Date!
Date: MAR 15 2016
ATTEST: Kecia Harper -them, Clerk
if
CITY Approvals
Approved as to form:
Name: . iZ00;
Title: - City Attorney,
.
Date: January 26, 2016
Approved by City Council
Dlglwly slgned by F..kJ. Sp--k
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Spevacek
Sign,,,_Date 20M01.26152558 -000'
Frank '.Spevacek, City Manager
Date: January 26, 2016
ATTEST: Susan Maysels, Clerk
I Digitally signed by Susan Maysels
DN: serialNumber=j4r7ilig1 ppsr45f,
'q--ILIS, st=California, I=La Quinta,
c4-Supn Maysels, cn=Susan Maysels
Date: 2616.01.26 16:34:45 -08'00'
By:
ATTACHMENT 1
15-01`1
1 . COUNTY OBLIGATIONS:2 COUNTY shall provide all services as outlined and specified in Exhibit A, Scope of
Animal Field Services and Exhibit B, Scope of Animal Shelter Services attached hereto
3 and by this reference incorporated herein.
4 2. PERIOD OF PERFORMANCE:
5 The Animal Field Services as referenced in Exhibit A of this Agreement shall be effective
February 15, 2016 through June'30, 2016, with options to renew annually in one (1) year
6 increments through June 30, 2018, unless terminated as specified in Section 7,
7 TERMINATION. The Animal Shelter Services as referenced in Exhibit B of this Agreement
shall be effective on July 1, 2015 through June 30, 2016, with options to renew annually in
8 one (1) year increments through June 30,_2018, unless terminated as specified in Section 7,
TERMINATION.
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10 3. COMPENSATION:
Inconsideration of services provided by COUNTY pursuant to ExibitA, and Exhibit
11 B, COUNTY shall be entitled to receive payment as specified in Exhibit C, Payment
Provisions attached hereto and incorporated herein by this reference.
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13 4. AVAILABILITY OF FUN
It is mutually agreed and understood that the obligation of the CITY is limited by and
14 contingent upon the availability of CITY funds for the reimbursement of CO TY's fees.
In the event that such funds are not forthcoming for any reason, CITY shall immediately
1s notify COUNTY in writing. COUNTY shall be entitled to reimbursement of costs for work
16 11 performed, in accordance with EXHIBIT C.
5. 1 , r 1 i
indemnify5.1 CITY shall t hold harmless the Countyof Riverside, Agencies,
actionsDistricts, Special Districts and Departments, their respective directors, officers, Board
of Supervisors, elected and appointed officials, employees, agents and representatives
from any liability, claim, damage or action whatsoever, based or asserted upon any
of officers,r •subcontractors,agents or r _ _
arising out of or + to this Agreement, includingbut • r to
property damage,bodily or death or other element of • or
whatsoever and resulting from any reason whatsoever arising from the actions by
CITY, its officers, agents,r•subcontractors,agents or r-- of
Agreement. CITY shall defend, at its sole expense, all costs and fees including but
not r to attorney• of •. a defense and settlements or •'
of all Agencies, Districts, Special Districts and Departments of the County of
Riverside, their respective directors, officers, Board of Supervisors, elected and
appointed officials,• ryees, agents and representatives in any such actionor
or • based r •: • i acts or omissions.
respect5.2 With • any actionor r` to indemnification herein by
rightshall, at its sole cost, have the right to use counsel of its own choice and shall have the
• adjust, or r •mise any such action or • prior
consentof • provided, • adjustment,tt
or • r • no manner whatsoeveror circumscribes
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23 5.6 The specified insurance limits required in this Agreement shall in no way limit or
24 circumscribe COUNTY's obligations to indemnify and hold harmless the CITY
herein from third party claims.
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6. INSURANCE: COUNTY agrees to maintain the following insurance coverage's
26 during the term of this Agreement:
27 6.1 Workers' Compensation:
COUNTY shall maintain Workers' Compensation Insurance (Coverage A) as
28 prescribed by the laws of the State of California. Policy shall include Employers'
Liability (Coverage B) including Occupational Disease with limits not less than
$1,000,000 per person per accident.
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1 6.2 Commercial General Liability: 15-01
COUNTY shall maintain Commercial General Liability insurance coverage for claims
2 which may arise from or out of COUNTY's performance under this Agreement.
This coverage shall have a limit of liability not less than $1,000,000 per
3 occurrence combined single limit.
4 6.3 Vehicle Liability:
COUNTY agrees to maintain automobile liability insurance for vehicles provided by
5 the COUNTY for use under this Agreement. This coverage shall have a limit of
liability of not less than $ 1,000,000 combined single limit.
6 6.4 General Insurance Provisions - All lines:
7 6.4.1 Any insurance carrier providing insurance coverage hereunder shall be
admitted to the State of California and have an A M BEST rating of not less
8 than A: VIII (A:8).
6.4.2 The insurance requirements contained in this Agreement maybe met with
9 a program(s) of self-insurance.
17. TERMINATI—N:
CITY and COUNTY reserve the right to terminate this Agreement at any time, with or
without cause, upon one hundred eighty (180) days advance written notice stating the
extent and effective date of termination. Upon receipt of any notice of termination
from CITY, COUNTY shall immediately cease all services hereunder except such as
may be specifically approved in writing by CITY and COUNTY. COUNTY shall be
entitled to compensation for all services rendered prior to termination and for any services
authorized in writing by CITY thereafter. Upon receipt of any notice of termination from
CITY, COUNTY shall continue to provide services until effective date of termination as lor
as they are continuing to be paid in "good faith".
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8.1 In the event the COUNTY is un le to c ly With any provision of s greement ab omp thi A
due to causes beyond their control such as acts of God, acts of war, civil disorders, or
other similar acts, COUNTY will not be held liable to CITY for such failure to compl
8.2 In the event CITY is unable to comply with any provision of this Agreement due to
causes beyond their control such as acts of God, acts of war, civil disorders, or other
similar acts, CITY will not be held liable to COUNTY for such failure to comply.
22 9. ALTERATION;
No alteration or variation of the terms of this Agreement shall be valid unless made in
23 writing and signed by the parties hereto, as authorized by their respective governing bodies,
24 and no oral understanding or agreement not incorporated herein, shall be binding on any of
the parties hereto.
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10. SEVERABILITY:
26 If any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
27 void or unenforceable, the remaining provisions will nevertheless continue in full force
without being impaired or invalidated in any way.
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11. RECORDS:
COUNTY shall maintain and keep records of all expenditures and obligations incurred
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pursuant to this contract and all income and fees received thereby according to 15-01
generally recognized accounting principles. Such records and/or animal control operation --
of COUNTY shall be open to inspection and audit by CITY or its authorized representative
as is deemed necessary by the CITY Manager or the authorized representative of the
11CITY Manager upon reasonable not ce to COUNTY.
4 12. NO THIRD PARTY BENEFICIARY:
5 This contract between CITY and COUNTY is intended for the mutual benefit of the two -
signing parties only. No rights are created under this contract in favor of any third party
6 or any party who is not a direct signatory to this contract.
NONDISCRIMINATION:
8 During the performance of this contract, COUNTY agrees that it shall not discriminate
on the grounds of race, religious creed, color, national origin, ancestry, age, physical
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disability, mental disability, medical condition including the medical condition of
10- Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto,
marital status, sex or sexual orientation in the selection and retention of employees and
i i subcontractors and the procurement of materials and equipment, except as provided in
Section 12940 of the Government Code of the State of California, Further, COUNTY
agrees to conform to the requirements of the Americans with Disabilities Act in the
IJ1 performance of this contract.
MINKIMM
Any action at law or in equity roug t y eit er of t e parties ere o or e purpose o
enforcing a right or rights provided for by this contract shall be tried in a court of
competent jurisdiction in the County of Riverside, State of California, and the parties
hereby waive all provisions of law providing for a change of venue in such proceedings
to any ot er county. In the event either party hereto shall bring suit to enforce any term
of this contract to recover any damages for and on account of the breach of any term
or condition of this contract, it is mutually agreed that the prevailing party in such action
shall recover all costs thereof including reasonable attorneys' fees to be set by the court
in such action.
115. ASSIGNMENT:
It is mutually understood and agreed that this contract shall be binding upon COUNTY
and its successors. Neither this contract nor any part thereof nor any moneys due or to
become due hereunder may be assigned by COUNTY without the prior written consent
and approval of CITY. CITY and COUNTY hereby agree to the full performance of
the covenants contained herein.
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Any amendments, including any supp ements, to • fc in wr
shall have the approval of the Board of Supervisors of COUNTY and the CITY
Council. This is the entire contract for Animal Field and Shelter Services and supersedes
any prior written or oral contract inconsistent herewith. Any amendment will be presented
to the City Manager prior to CITY Council approval.
17. NOTICES:
All correspondence and notices required or contemplated by this Agreement shall be 15-011
I delivered to the respective parties at the addresses set forth below and are deemed
2 submitted one day after their deposit in the United States mail, postage prepaid:
3 COUNTY: CITY:
4 Department of Animal Services City of La Quinta
651 Van Buren Boulevard 7495 Calle Tampico
5 Jurupa Valley, CA 92509 La Quinta, CA 92253
Attention: Director Attention: City Manager
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7 or to such other address (es) as the parties may hereafter designate in writing.
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1.8 Return f Impounded Animals: Encourage the return of •
(impounded by - • / • to the rightful owner in the field, subject to the
payment of impound
County1.9 ••g licenses forresidents
request. -es collected for 1•g licenses shall be accounted for by a and
credited to City on • basis,provided, •County
sum of • dog license issued hereunder. County1•g license
status when responding to requests for- or ` •• r to complaints
about animal behavior.• • Officer,part of • officer's
animal control duties as defined by, but • -• to, the terms of •
numberconduct license inspection activities during animal control investigations so as to
ascertain the of 1 dogs, to license such dogs and to foster
compliance with City of Quinta Municipal••-. County shall also provide
automated Or . •n system wherebyowners can verify the status of
animal's license by telephone.
0 Kennels and Catteries: COUNTY shall enforceprohibition or
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4. Provision of Vehicles and Radio EgOUNTY shall provide animal control
vehicle(s) with the appropriate animal control boxes mounted on the truck chassis and with
an air conditioning unit mounted on the animal control truck boxes for use to provide
contract services. The COUNTY shall equip, fuel, and maintain said vehicles at the
COUNTY's sole cost and expense.
5Missing-or Sthl6n Animals: COUNTY shall file a report wit t e Riversi e ounty
Sheriff s Department within 24 hours if an impounded Animal is missing or suspected to
have been stolen from an animal control vehicle or while in COUNTY custody. COUNTY
shall indicate on the police report the circumstances of the Animal's disappearance.
6. Ptiotily offUld S&viecs:
6.1 Definitions: Services are those enforcement activities rendered by COUNTY
3 pursuant to the applicable sections of Riverside COUNTY Code, Title 6, State law
and CITY ordinances (Title 10) and are assembled for expediency into two
24, categories: Emergency and Non -Emergency. Priority Ranking refers to the order of
25 priority with which a call will be handled. All calls will go directly to the dispatcher
or assigned clerical staff for relay to the Animal Control Officer. If a call is
26 C6exceptionalas defined in Section 6.4 of this Exhibit, it will be referred directly to
the Supervisor for evaluation and processing.
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28 Field service activities will be performed daily and generally based upon the
priority ranking and based on limited service hours in accordance with contract
or part-time officer. All calls involving imminent danger scenarios will be
responded to within 60 minutes if reasonably possible, subject to considerations 15-011
1 involving the time of day, traffic conditions, or other uncontrollable
2 circumstances.
mil An Animal Control Officer will respond to animal medicaland other
hours,ithin 30 minutes or less during regular
emergencies involving danger to humans w
service • •.y through Friday,and within 61 minutes or on f
• Sundays and after regular service hoursand holidays. CITY acknow-f
responsebe / by • • or other hindering
• • ', r by •
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6..5 Humane investigations life threatening. (Depending on immediate 15-01
circumstance)
6.2.5 Snakes
6..6 Dead animal removal that impedes traffic
Business Hours:
/ '' • confined,
6.3.2 Dead animal removal that does not impede traffic
► Quarantine investigations.
►enforcement.
6.3.5 Nuisance animal •. •
6 ► Permit •
The Animal Control Directoror - deputies of • • Director
on case -by -case basis, •rize variations of priority when circumstances requirei
COUNTYprovide a written re•• business days of
determination that a variationpriority was required.Qualifying incidentsbe
determined by •• • officer.
7. ][j�pplqff: COUNTY shall provide advice and assistance in setting a humane trap for an
animal at large or • animal on public or private property, utilizing. CITY trap•
residents' private trap. COUNTY shall not be required to move belongings or maintain on-
r - •r • • i • • • •• r
Animal Control Officer there is a direct, clear and present danger to human life. The CITY has
purchased traps and stores them at the CITY yard for the above mentioned purposes to be used
for •ents. Traps will be . .1 to CITY residentson • r basis.
COUNTYprovide CITY resir .• o cost to residents. COUNTY
• • to provide v- • • • services •' the provision of •
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15-01
1 CITY OF LA QUINTA
2 EXHIBIT B
SCOPEF ANIMAL SHELTER SERVICES
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4 The County of Riverside, hereinafter referred to as COUNTY, agrees to operate and provide the
following Animal Shelter Services for the City of La Quinta, hereinafter referred to as CITY:
5 1. Shelter Location: The COUNTY will house the CITY's animals at the Coachella Valley
Animal Campus Shelter located at 72-050 Petland Place, Thousand Palms CA 92276
6 ("Shelter"), or at another shelter operated by the County of Riverside at County's
discretion.
7 The handling of these animals shall comply with the terms of this contract and all
8 ` applicable State laws. The COUNTY is responsible for the maintenance and operation of
the shelter, and the care of the animals on a 24-hour per day basis.
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10 2. Contract Performance: COUNTY's Director of Department of Animal Services, or
appointed designee, shall meet as necessary to discuss contract performance with the
1 t CITY's City Manager or appointed designee.
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24 5. Definitions:
5.1 "Shelter Services," as used in this contract shall include, but is not limited to, the
25 following activities:
5.1.1 Impoundment, admittance, receiving, care, custody and feeding of any and al
26 stray domestic animals. Livestock, exotics and the impoundment of wildlife
27 as may be delivered and/or received at the Shelter until an appropriate wildlife
agency can be contacted and the wildlife then transferred into their custody.
28 5.1.2 Redemption, treatment, sale, adoption, and/or disposal of any and all
animals.
5.1.3 Counseling and advising animal owners.
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MIN
15-011
1 CITY OF LA QUINTA
2 EXHIBIT C
PAYMENT PROVISIONS
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CITY shall pay to COUNTY on a monthly basis in arrears, with a monthly billing and-
4 accounting thereof by COUNTY to CITY, those fees as established by County of Riverside
5 Ordinance 630; relative to the services to be performed under this Agreement as follows:
6
1. Animal Field Services:
7 1.1 1 Full -Time (Annual) Animal Control Officer: $127,026/FY or $10,585.50/month
8 (The cost to provide one Animal Control Officer to service an area for a total of 40 hours
per week or 2,080 hours per fiscal year, including a factor for direct and indirect overhead
9 and all operational expenses. This cost does not include overtime.)
1.2 Estimated Overtime Services: 139 x $82 per hour = $11,398 /FY
10
The cost to provide after-hours services (evenings, weekends and holidays), with a 2 hour
11 minimum charge per service call. To be billed on a monthly basis based on actual usage.
Estimated total based on past experience.
12 1.3 Animal Control Target Area Sweeps: $2,460 per target sweep
13 (Billed on actual usage as requested by City.)
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summarizes the fees to be charged by the COUNTY for animal services pursuant to this
Agreement.
Service FY15/16
'3 Regular Field Service $58,221/Feb. 15,
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(Fixed $10,585.50/monthly) $127,026 FY
2016 to June 30,
2016
Stand-by Field Service*�
$11,398-
(Estimated, but to be billed based on actuals)
Shelter Service
$69,805
(Fixed)_,_.
Operation & Maintenance***
$6,337
(Fixed)
Licensing Service Fees****
$6,867
(Estimated, but to be billed based on actuals)
Total
$152,628
Rates are subject to change as adopted by the Board of Supervisors. COUNTY shall notify
CITY when any rates change.
The scheduled compensation paya le to COUNTY for services as set forth in this
the period commencing July 1, 2015 for Shelter Services, and February 15, 2016 for Field
Services, both through June 30, 2016, with the option to renew annua y in one year
increments through June 30, 2018.
NJ *Field services may fluctuate based on actual on call usage.
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*Shelter services fixed rate will be adjusted for each year of contract by the following fbrmula:
!Prior three fiscal year do&* impquhds in u Itip lied by the COUNTY's sheltering rate. T 'his
1hrmu N establisheble in I 11P monthly increments. TheCITY
will be provided with prior year impound rates by March 3 I't of each year.
20 ***Operation & Maintenance fixed rate will be adjusted for each year of contract by the
following forinula: Prior three fiscal year dog/cat impounds multiplied by the COUNTY's O&M
21 rate. This formula establishes a fixed rate that will be payable in 1/12 1h Monthly increments. The
22 CITY will be provided with prior year impound rates by March 3 1 " each year.
23 * * * *License processing costs may fluctuate based on actual number of licenses processed.
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MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Anthony Moreno, Code Compliance/Animal Control Supervisor
DATE: January 20, 2016
RE: Execution of RCDAS Agreement
Attached for your signature is the agreement with Riverside County Department of
Animal Services for Animal sheltering, licensing, on -call and full time field services.
Please sign the attached agreement(s) and return it to the City Clerk for processing
and distribution.
,,,,—OF R/b
�q * 4P UNTY OF• MICHAEL STOCK,
o �r E it R?V�Ien 1 a Asst.County Executive Officer/U mHuman Resources Director
* Winner IPMA Award for Excellence
�f
AQg Risk Management Division
yy� 1g
Post Office Box 1210, Riverside, CA 92502-1210
(951) 955-3540 Fax (951) 955-5862.
CERTIFICATE OF INSURANCE OR SELF-INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER
THE COVERAGE AFFORDED BELOW.
COVERAGES
THIS IS TO CERTIFY THAT THE SELF INSURED COVERAGE LISTED BELOW IS CURRENTLY IN EFFECT FOR
THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE COVERAGE AFFORDED BY THIS CERTIFICATE DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH CERTIFICATE. COVERAGE PROVIDED IS SUBJECT TO THE
TERMS AND CONDITIONS OF; THE EXCESS POLICY.
Type of Coverage
Company and
Policy Period
Limits of Liability
Policy Number
Bodily Injury/Property Damage
Commercial
07/01/2015
$1,000,000 Combined Single
General
Self -Insured
to
Limit Per Occurrence with
Liability.
07/01/2016
No Aggregate Limit
Including
Vehicle
Liability
Workers'
7/1/2015
$2,000,000 Per Occurrence with
®
Compensation
Permissibly
to
No Aggregate Limit
&
Self -Insured
7/1/2016
Employers'
Liability
Medical
10/1/2015
$1MM Per Occurrence with No
Malpractice
Self -Insured
to
Aggregate Limit
(Professional
10/1/2016
Liability)
The County of Riverside certifies that the above self -insured program is in effect as respect to: broad range of
animal control and shelter services.
Certificate Holder
Cancellation
City of La Quinta
In the event of cancellation of the self-insurance program or
Attn: Anthony Moreno
policy designated below, it is the intent of the County of
78495 Calle Tampico
Riverside to mail 30 days' prior notice thereof.
La Quinta, CA 92253
This certificate is not valid unless signed by an authorized representative of the County of Riverside, Risk
Management Division. .
Date: January 27, 2016 Jeffrey L. nter
cc: Nancy Daudert, Administrative Services Analyst II @ Animal Services
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15-011
FIRST AMENDMENT TO THE AGREEMENT
BETWEEN
COUNTY OF RIVERSIDE
AND
CITY OF LA QUINTA
(Animal Field and Shelter Services)
That certain Agreement between the County of Riverside through its Department of
Animal Services (COUNTY) and City of La Quinta (CITY), approved on March 15, 2016,
executed by the Board of Supervisors item 3-4, is hereby amended for the first time effective
July 1, 2016 as follows:
1. To amend the period of performance from July 1, 2015 through June 30, 2016 to July 1
2016 through June 30, 2017.
2. All other terms and conditions of this Agreement are to remain unchanged.
IN WITNESS WHEREOF, THE Parties hereto have caused their duly authorized
representatives to execute this Amendment.
CO CITY
aIk ssa W Ynani�llvg50xMa4
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ss••+x�sy.•
By: By: m mlam aia
obn J. oit, C almtan Frank J. Spevacek, City Manager
Boaz of Supervisors
Date: JUL 2 6 2016
ATTEST: Kecia Harper -them, Clerk
Approved as to form:
By: L _.
County Council
Date: -11, A/
Date:
ATTEST: Susan Maysels, Clerk
D'gitallysgned by Susan Maysels
(� DN: wnaftmber—$Mlgl ppsr/5f,
,�I,h1/� r—US, rtdalifomia, l=la Quint.,
e:2 n M.ysels,rn=Susan Maysels
Date:
Approved as to form:
By:
Cltyq6wffm Attorney
JUL 26 2016 3-ID
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15-011
SECOND AMENDMENT TO THE AGREEMENT
BETWEEN
COUNTY OF RIVERSIDE
AND
CITY OF LA QUINTA
(Animal Field and Shelter Services)
That certain Agreement between the County of Riverside through its Department of
Animal Services (COUNTY) and City of La Quinta (CITY), executed by the Board of
Supervisors on March 15, 2016, item 3-4, amended for the first time by the Board of Supery
on July 26, 2016, item 3-10, is hereby amended for the second time effective July 1, 2017 as
follows:
1. To amend all references to the period of performance from July 1, 2016 through June
2017 to July 1, 2017 through June 30, 201 &
2. All other terms and conditions of this Agreement are to remain unchanged.
IN WITNESS WHEREOF, The Parties hereto have caused their duly authorized
representatives to execute this Amendment.
COUNTY CITY
im
ATTEST: Kecia Harper-Ihem, Clerk ATTEST: Susan Maysels, Clerk
5J By: By:
Approved as to form: Approved as to form:
By --
itpk'CountyCouncil
Date:
By:
City Attorney
Date:
MAY 0 9 2017 3, --I