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