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1996-0701_ORANGE, COUNTY OF_Agreement 1 2 AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES 3 // 4 // 5 // 6 THIS AGREEMENT, entered into this 1st day of July 1996, which date is 7 enumerated for purposes of reference only, is by and between the COUNTY OF 8 ORANGE, a political subdivision of the State, hereinafter referred to as "COUNTY," 9 and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter 10 referred to as "CITY." 11 // 12 // 13 WITNESSETH: 14 15 // 16 // 17 18 WHEREAS, CITY is desirous of contracting with COUNTY for the 19 performance of the animal control and animal shelter services through COUNTY's 20 Health Officer, as described herein; and 21 WHEREAS, COUNTY is willing and able to render such services on terms and 22 conditions hereinafter set forth; 23 NOW THEREFORE, IT IS MUTUALLY AGREED as follows: 24 // 25 1 . TERM 26 // 27 A. This Agreement shall begin on July 1, 1996, and end 28 June 30, 1997. 29 B. The term of this Agreement shall be automatically extended for 30 a 180 day period through December 31 , 1997, if a successor Agreement between 31 the parties is not in force by July 1 , 1997, and no notice of non-renewal has been 32 given by either CITY or COUNTY in accordance with Paragraph 2 of this Agreement. 33 // 1 1 2. TERMINATION 2 A. If either party determines not to renew this Agreement, written 3 notice shall be given to the other party no later than December 31 , 1996. 4 // 5 3. SERVICES 6 A. COUNTY agrees, under the direction of the Health Officer of 7 COUNTY, to provide animal control services within the corporate limits of CITY. 8 Services provided by COUNTY shall include the enforcement of State statutes 9 deemed applicable to CITY by COUNTY. COUNTY will not be obligated to enforce 10 any ordinances adopted by CITY except those adopted in compliance with 11 Paragraph 5 of this Agreement. The level of animal control and shelter services to 12 be provided under this Agreement shall be established as those customarily provided 13 to residents of unincorporated areas of the COUNTY. Services shall be provided in 14 the following three categories. 15 (1) FIELD SERVICES: Field Services shall be provided seven days a 16 week, 24 hours per day, 365 days a year, with the level of service reduced 17 between the hours of 11 :00 p.m. and 7:00 a.m. Telephone service request 18 lines answered between 8:00 a.m. and 5:00 p.m. every day, except 19 holidays; lines monitored and responded to on a priority basis on holidays and 20 after 5:00 p.m. Activities include, but are not limited to: patrol of assigned 21 regional areas; impounding of stray dogs or confined stray cats and of 22 owner- released animals; pick up of injured wildlife; cruelty investigations; 23 return of unclaimed animals (following required retention period) to one 24 designated location on behalf of CITY; field release to owner and impound 25 fee collection for licensed dogs impounded; bite investigations; quarantine 26 activities including home checks of animals involved in bites; inspections of 27 facilities which are required to comply with the vicious dog ordinance; 28 transportation of all injured impounded animals to emergency veterinarians; 29 issuance of citations, impounding of dead animals for disposal; response to 30 service request calls from law enforcement and city officials to assist in 31 areas regarding suspected criminal activities or zoning violations; citizen 32 // 33 2 1 contacts to give information or advice regarding wildlife or other animal 2 concerns, not to include wildlife eradication services. 3 In house field services activities shall include: assistance to citizens 4 regarding barking dogs and other nuisance complaints; advice regarding 5 wildlife management and other issues which may not require contact in the 6 field by an officer; visits to schools and community groups to provide 7 education regarding wildlife management, responsible pet ownership and 8 other animal control issues. 9 (2) SPECIAL SERVICES: (Pet and Facility Licensing) In keeping with 10 Public Health laws which require the rabies vaccination and licensing of all 11 dogs over four months old, COUNTY shall canvass every residence within 12 the CITY approximately every 20 months to locate and license unlicensed 13 dogs. Licenses shall be sold at the residence; enforcement officers will 14 follow-up on problems when necessary. Nothing in this contract prohibits 15 other methods for the sale of dog licenses by CITY or COUNTY. 16 All animal related businesses in the jurisdiction will be inspected twice 17 each year and in response to any complaints received to assure that facilities 18 meet required standards. Appropriate notification shall be given to CITY. In 19 those cities which allow animal permits for private homes, permits shall be 20 issued with the approval of CITY following neighborhood investigation and 21 inspection of the home to assure that the residence has adequate facilities to 22 maintain the requested number of animals. 23 Pet license renewals shall be processed through an automated 24 renewal system. COUNTY will process renewals and answer telephone and 25 in-person questions regarding licensing requirements. 26 Low cost vaccination clinics, coordinated by Animal Control staff, will 27 be held throughout the year in various locations in the County in cooperation 28 with the Veterinary Association. 29 (3) SHELTER SERVICES: Shelter will receive animals from the public 30 365 days a year from 7:00 a.m. until 11 :00 p.m. Stray animals will be 31 accepted without charge. Owners who release their animals will be charged 32 // 33 3 1 a fee. The Shelter will be open to the public to locate lost pets or for pet 2 adoption Monday through Saturday (not including holidays) from 10:00 a.m. 3 to 5:00 p.m., and until 7:00 p.m. on Wednesday. A low cost vaccination 4 clinic will be held the first Tuesday of each month at the Shelter. 5 The Shelter shall retain dogs and cats without owner identification for 6 three days, plus the day of impound and any Sundays or holidays. Those 7 with identification shall be retained seven days, plus the day of impound and 8 any Sundays or holidays. Animals will be kept on public display to allow 9 owner identification. When animals are wearing identification, owners will be 10 contacted by telephone and by mail. If animals are not redeemed by their 11 owners and adoption holds have not been placed, some may be made 12 available for adoption for an additional time period on a space available basis. 13 Those which are neither redeemed nor adopted will be euthanized and 14 carcasses disposed of. 15 If CITY wishes to request additional retention days for healthy, non- 16 aggressive animals impounded within CITY such services may be requested 17 in writing with 60 days advance notice. Such service will be provided to 18 CITY upon written approval of the Health Officer. If agreed to, additional 19 animal retention days will be offered on a space available basis only. CITY 20 shall pay charges for additional retention days as defined in Paragraph 6, C, 21 4, and in compliance with Paragraph 6, B. 22 Veterinary services shall be available seven days a week. Veterinary 23 staff shall perform required euthanasia by lethal injection. Necropsies will be 24 performed on animals which die under suspicious circumstances and at the 25 request of law enforcement. 26 B. COUNTY shall furnish and supply all necessary labor, 27 supervision, equipment, and supplies to provide the services described in this 28 Agreement. In all instances wherein special supplies, stationary, notices, forms and 29 the like are issued in the name of CITY, the same shall be supplied by CITY at its 30 own expense. 31 // 32 // 33 4 1 C. The method by which services are provided, the standard of 2 performance, any other matters incidental to the performance of such services, and 3 the control of personnel so employed, shall be determined by COUNTY. In the 4 event of a dispute between the parties as to the extent of the duties and functions 5 to be provided hereunder, or the level and manner of performance of such services, 6 the parties shall meet in good faith to resolve their differences. In the event of an 7 impasse, the decision of the Health Officer of COUNTY shall be final. 8 D. To facilitate the performance of services hereunder, COUNTY 9 shall have full cooperation and assistance from CITY, its officers, agents and 10 employees. 11 E. If agreeable to both parties, additional services may be 12 rendered by COUNTY and paid for by CITY. 13 F. COUNTY agrees to maintain its animal shelter in a humane 14 manner and keep said premises in a clean condition at all times, and that all services 15 furnished by it hereunder shall be in accordance with the laws of the State of 16 California, and that it will give required notices and use humane methods of care 17 and destruction of any animal coming under its jurisdiction. 18 // 19 4. STATUS OF CONTRACTOR 20 Although the services herein described are municipal functions, all 21 persons employed by COUNTY to provide said services shall be COUNTY 22 employees; no person employed hereunder shall have the right to any CITY pension 23 or civil service status. When performing services under this Agreement and for the 24 purpose of giving official status to the performance thereof where necessary, but 25 not for the purpose of liability or indemnification, every COUNTY officer or employee 26 shall be deemed to be an officer or agent of CITY. 27 // 28 5. CONFORMITY OF LAWS OR REGULATIONS 29 A. Notwithstanding anything to the contrary herein contained, this 30 Agreement shall terminate at any time that CITY fails to enact, and to maintain in 31 // 32 // 33 5 1 full force and effect an ordinance identical in intent to the provisions of Article 1 2 through 10 of Division 1 of Title 4, and Divisions 1, 2, and 3 of Title 5 of the 3 Codified Ordinances of the County of Orange, and other regulations presently 4 adopted by the Orange County Board of Supervisors concerning animal control, 5 including those which relate to fees. This Agreement shall also terminate if CITY 6 does not enact the same amendments to its Municipal Code as those adopted by 7 COUNTY's Board of Supervisors regarding animal control within sixty (60) days 8 after a request to do so by COUNTY Health Officer. 9 B. If CITY is considering adopting an ordinance and requesting its 10 enforcement by COUNTY, the Health Officer may provide assistance to CITY in 11 defining the manner in which the proposed ordinance enforcement would be 12 provided by COUNTY. COUNTY will provide such services when a written request 13 is received sixty (60) days prior to the requested implementation of the service upon 14 the written approval of the Health Officer. The manner and extent to which 15 services are provided in response to such a request shall be determined by the 16 Health Officer and will only be provided if the cost of such services can be 17 delineated and accommodated under the provisions of Paragraph 6, C. 18 C. CITY may request that specific ordinances adopted by COUNTY 19 not be enforced in CITY when written request for exclusion is received sixty (60) 20 days prior to the requested exclusion upon the written approval of the Health 21 Officer. Such requests will only be considered provided they are not in conflict with 22 State statutes or do not endanger the public health. The COUNTY Health Officer, 23 acting on behalf of COUNTY, may use discretion and need not request CITY to 24 adopt amendments which do not apply to CITY. 25 // 26 6. PAYMENTS 27 A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual 28 costs of providing animal control and animal shelter services. 29 // 30 // 31 // 32 // 33 6 1 B. PAYMENT METHOD - 2 (1) In consideration for the animal control and animal shelter 3 services provided by COUNTY during the term of this Agreement, 4 CITY shall make a FY 1996-97 Provisional Payment to COUNTY in the 5 amount of $45,736. This payment for 1996-97 services shall be 6 adjusted by a 1995-96 credit of $1 ,205 and further adjusted by a 7 final 1994-95 credit of $1 ,462, resulting in a total adjusted 8 provisional payment of $43,069. This payment shall be adjusted as 9 described in Paragraph 6 E, below. 10 (2) The Provisional Payment shall be paid to COUNTY in four 11 installments, each equal to twenty five percent (25%) of the total 12 Provisional Payment. The first installment is due September 30, 13 1996, the second is due December 30, 1996, the third is due March 14 30, 1997, and the fourth is due June 30, 1997. 15 (3) If payment is not received by COUNTY within thirty (30) 16 days after the due date, COUNTY may cease providing any further 17 service under this Agreement with CITY and may satisfy the 18 indebtedness in any manner prescribed by law. 19 (4) CITY shall not be called upon to assume any liability for 20 the direct payment of any salaries, wages or other compensation to 21 any COUNTY personnel performing services hereunder for said 22 COUNTY, or any liability other than provided for in this Agreement. 23 CITY shall not be liable for any compensation or indemnity to any 24 COUNTY employee for injury or sickness arising out of his or her 25 employment. 26 (5) In the event this Agreement is extended in accordance 27 Paragraph 1 B. above, CITY shall make monthly provisional payments 28 to COUNTY in an amount equal to one twelfth of the amount shown 29 as the adjusted Provisional Payment in Paragraph 6 B (1) above. Such 30 payments shall be due no later than thirty (30) days after the month in 31 which services were provided. 32 // 7 1 C. DETERMINATION OF ACTUAL COST OF SERVICES - 2 (1) COUNTY agrees to collect and maintain expenditure and 3 workload data to be used to determine the actual cost of the animal 4 control and shelter services provided to CITY during the term of this 5 Agreement. 6 (2) CITY's Actual Cost of Animal Control Field Services shall 7 be determined by applying CITY's percentage of the total field Actions 8 provided by COUNTY to COUNTY's Total Actual Expenditures 9 (including indirect charges) for providing all Animal Control Field 10 Services within COUNTY. 11 (3) CITY's Actual Cost of Animal Control Special Services 12 shall be determined by applying CITY's percentage of the total animal 13 licenses sold by COUNTY to COUNTY's Total Actual Expenditures 14 (including indirect charges) for providing all Animal Control Special 15 Services within COUNTY. 16 (4) CITY's Actual Cost of Animal Shelter Services shall be 17 determined by applying the CITY's percentage of animal charge days, 18 for animals impounded from within the corporate limits of CITY and 19 animals received from residents of CITY, to COUNTY's Total Actual 20 Expenditures (including indirect charges) for providing all Animal 21 Shelter Services within COUNTY. An animal charge day is defined 22 here as each day or portion of a day that an animal is housed at 23 COUNTY's Animal Shelter. 24 D. FEE REVENUE - 25 (1 ) COUNTY shall have all powers of CITY and shall receive all 26 cooperation possible from CITY to enable efficient enforcement of fee 27 collection. COUNTY shall retain all fees and revenue derived from the 28 enforcement of the CITY Ordinances pertaining to the animal control 29 services provided by COUNTY. 30 (2) COUNTY agrees to keep record of and to credit to CITY all 31 license revenue collected from residents of CITY, and all fee revenue 32 // 33 8 1 generated from animals received from CITY residents or impounded 2 within the corporate limits of CITY. Said revenue credit shall be used 3 to determine the Net Cost of animal control and shelter services 4 described in Paragraph 6 E. below. 5 E. ADJUSTMENTS TO PROVISIONAL PAYMENT - 6 (1 ) CITY's combined Actual Costs of Animal Control and 7 Shelter Services, as described in Paragraphs 6 C. (2), 6 C (3) and 6 C 8 (4) above, shall be reduced by the total amount of license and other 9 fee revenue generated from CITY, as described in Paragraph 6 D. 10 above, to determine the Net Cost of Service provided under this 11 Agreement. 12 (2) If the Net Cost of Service is less than the Provisional 13 Payment amount indicated in Paragraph 6 B (1) above, the COUNTY 14 shall credit difference to CITY. COUNTY agrees to refund the 15 difference if CITY does not enter into a subsequent agreement with 16 COUNTY for animal control and shelter services. 17 (3) If the Net Cost of Service is greater than the Provisional 18 Payment amount indicated in Paragraph 6 B (1) above, then COUNTY 19 shall invoice CITY for the difference if CITY does not enter into a 20 subsequent agreement. If payment is not received by COUNTY within 21 sixty (60) days after the invoice is submitted, COUNTY may satisfy 22 the indebtedness in any manner prescribed by law. 23 (4) COUNTY agrees to complete the calculation of the Net 24 Cost of Service for animal control and animal shelter services, and 25 credit or refund any overpayment by CITY, or invoice CITY for the 26 additional amount owed by CITY, on or before December 31 , 1997. 27 // 28 7. FINANCIAL/OPERATIONAL ADVISORY BOARD 29 The parties agree that there shall be a Financial/Operational Advisory 30 Board to advise the Director of Animal Control on financial and operational 31 matters and to assess cost recovery options for future years. The 32 // 33 9 1 Financial/Operational Advisory Board shall be made up of seven members, 2 four members appointed by the Orange County League of Cities and three 3 members appointed by COUNTY. 4 // 5 8. RECORDS 6 All records created or received by COUNTY in accordance with 7 this Agreement shall be COUNTY records. COUNTY agrees to keep such 8 books and records in such form and manner as the Auditor-Controller of 9 COUNTY shall specify. Said books shall be open for examination by CITY at 10 all reasonable times. 11 // 12 9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION 13 Animals which are being retained in criminal prosecutions, 14 except for violations of Animal Control regulations and/or ordinances 15 pursuant to the Agreement, are not to be construed as held pursuant to the 16 services provided under this Agreement; housing will be done at the 17 discretion of the COUNTY and at the COUNTY's usual and customary 18 charges for such housing. 19 // 20 10. ALTERATION OF TERMS 21 This Agreement fully expresses all understandings of COUNTY 22 and CITY with respect to the subject matter of this Agreement, and shall 23 constitute the total Agreement between the parties for these purposes. No 24 addition to, or alteration of, the terms of this Agreement shall be valid unless 25 made in writing, formally approved and executed by duly authorized agents 26 of both parties. 27 // 28 11 . INDEMNIFICATION 29 A. That neither COUNTY nor any officer or employee thereof shall 30 be responsible for any damage or liability occurring by reason of anything 31 done or omitted to be done by CITY under or in connection with any work, 32 // 33 10 1 authority or jurisdiction delegated to CITY under this Agreement. It is also 2 understood and agreed that, pursuant to Government Code Section 895.4, 3 CITY shall fully defend, indemnify and hold COUNTY harmless from any 4 liability imposed for injury (as defined by Government Code Section 810.8), 5 including attorneys fees and costs, occurring by reason of anything done or 6 omitted to be done by CITY under or in connection with any work, authority 7 or jurisdiction delegated to CITY under this Agreement. 8 B. That neither CITY nor any officer or employee thereof shall be 9 responsible for any damage or liability occurring by reason of anything done 10 or omitted to be done by COUNTY under or in connection with any work, 11 authority or jurisdiction delegated to COUNTY under this Agreement. It is 12 also understood and agreed that, pursuant to Government Code Section 13 895.4, COUNTY shall fully defend, indemnify and hold CITY harmless from 14 any liability imposed for injury (as defined by Government Code Section 15 810.8), including attorneys fees and costs, occurring by reason of anything 16 done or omitted to be done by COUNTY under or in connection with any 17 work, authority or jurisdiction delegated to COUNTY under this Agreement. 18 // 19 12. NOTICES 20 Unless the persons or addresses are otherwise identified by notice 21 given in the manner specified by this paragraph, all notices authorized or 22 required by this Agreement shall be deemed effective when reduced to 23 writing and deposited in the United States mail, certified, and addressed as 24 follows: 25 // 26 To CITY: City Manager 27 City of San Juan Capistrano 28 32400 Paseo Adelanto 29 San Juan Capistrano, Ca 92675 30 // 31 To COUNTY: Health Officer 32 County of Orange 33 515 N. Sycamore 34 Santa Ana, Ca 92701 35 36 11 1 IN WITNESS WHEREOF, the CITY of San Juan Capistrano by motion duly 2 adopted by its City Council, caused this Agreement to be signed by its Mayor and 3 attested by its Clerk, and the COUNTY OF ORANGE by order of its Board of 4 Supervisors, has caused these presents to be subscribed by the Chairman of said 5 Board and this seal of said Board to be affixed thereto and attested by the Clerk of 6 the Board, all on the day and year first above written. 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 12 1 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. 3 // 4 // 5 DATED: P-/.2 -X6 (' ,. . 6 airm-n, Board of Supervisors 7 // 8 411, 9 DATED: /�'1� SIGNED AND CERTIFIED THAT A 10 COPY OF THIS DOCUMENT HAS 11 BEEN DELIVERED TO THE 12 CHAIRMAN OF THE BOARD 13 /1 14 1/ • 15 ►�/... ��� 16 KATHLEEN E. GOOD 0 ,':_ ( y� 17 Acting Clerk of the Board of Su.ervisors 18 of the County of Orange, California 19 20 DATED: /24 /96 APPROVED AS TO FORM: 21 COUNTY COUNSEL 22 // 23 // 24 // / 25 � l� 26 COVQ6 vat 27 DATED: CITY 0 San Juan Capistrano 28 a municipal corporation 29 • 30 By Cartt C.�a 31 Mayor 32 // 33 / 34 DATED: ((j /, /(7t ATTEST: 35 36 37 B 38 City Clerk 39 // 40 H 41 DATED: C?/ 12-1 9‘ APPR :D AS TO FOR 11 42 • 43 H / / 44 // By A _.�.. ..4A 45 i Attorney 46 // 47 contract 13