Loading...
1997-0701_ORANGE, COUNTY OF_Agreement 1 AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES 2 // 3 // 4 // 5 THIS AGREEMENT, entered into this 1st day of July 1997, which date is 6 enumerated for purposes of reference only, is by and between the COUNTY OF 7 ORANGE, a political subdivision of the State, hereinafter referred to as "COUNTY," 8 and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter 9 referred to as "CITY." 10 // 11 1/ 12 WITNESSETH: 13 14 // 15 // 16 17 WHEREAS, CITY is desirous of contracting with COUNTY for the performance 18 of the animal control and animal shelter services through COUNTY's Health Officer, as 19 described herein; and 20 WHEREAS, COUNTY is willing and able to render such services on terms and 21 conditions hereinafter set forth; 22 NOW THEREFORE, IT IS MUTUALLY AGREED as follows: 23 // 24 1 . TERM 25 // 26 A. This Agreement shall begin on July 1, 1997, and end 27 June 30, 1998. 28 B. The term of this Agreement shall be automatically extended for a 29 180 day period through December 31 , 1998, if a successor Agreement between the 30 parties is not in force by July 1 , 1998, and no notice of non-renewal has been given 31 by either CITY or COUNTY in accordance with Paragraph 2 of this Agreement. 32 // 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 , 1997. 4 B. Any obligation of COUNTY under this agreement is contingent upon 5 the following: 6 (1 ) Inclusion of sufficient funding for the services hereunder in the 7 budget approved by the Board of Supervisors, for Fiscal Year 1997-98, and 8 the Fiscal Year 1998-99. 9 (2) In the event such funding is subsequently reduced or terminated, 10 COUNTY may terminate this agreement upon thirty (30) days written notice 11 given to CITY. 12 // 13 3. SERVICES 14 A. COUNTY agrees, under the direction of the Health Officer of 15 COUNTY, to provide animal control services within the corporate limits of CITY. 16 Services provided by COUNTY shall include the enforcement of State statutes 17 deemed applicable to CITY by COUNTY. COUNTY will not be obligated to enforce 18 any ordinances adopted by CITY except those adopted in compliance with Paragraph 19 5 of this Agreement. The level of animal control and shelter services to be provided 20 under this Agreement shall be established as those customarily provided to residents 21 of unincorporated areas of the COUNTY. Services shall be provided in the following 22 three categories. 23 (1 ) FIELD SERVICES: Field Services shall be provided seven days a 24 week, 24 hours per day, 365 days a year, with the level of service reduced 25 between the hours of 11 :00 p.m. and 7:00 a.m. Telephone service request 26 lines answered between 8:00 a.m. and 5:00 p.m. every day, except holidays; 27 lines monitored and responded to on a priority basis on holidays and after 5:00 28 p.m. Activities include, but are not limited to: patrol of assigned regional 29 areas; impounding of stray dogs or confined stray cats and of owner- released 30 animals; pick up of injured wildlife; cruelty investigations; return of unclaimed 31 animals (following required retention period) to one designated location on 32 behalf of CITY; field release to owner and impound fee collection for licensed 33 dogs impounded; bite investigations; quarantine activities including home 2 • • • 1 checks of animals involved in bites; inspections of facilities which are required 2 to comply with the vicious dog ordinance; transportation of all injured 3 impounded animals to emergency veterinarians; issuance of citations, 4 impounding of dead animals for disposal; response to service request calls from 5 law enforcement and city officials to assist in areas regarding suspected 6 criminal activities or zoning violations; citizen contacts to give information or 7 advice regarding wildlife or other animal concerns, not to include wildlife 8 eradication or relocation services. 9 In house field services activities shall include: assistance to citizens 10 regarding barking dogs and other nuisance complaints; advice regarding wildlife 11 management and other issues which may not require contact in the field by an 12 officer; visits to schools and community groups to provide education regarding 13 wildlife management, responsible pet ownership and other animal control 14 issues. 15 (2) SPECIAL SERVICES: (Pet and Facility Licensing) In keeping with 16 Public Health laws which require the rabies vaccination and licensing of all 17 dogs over four months old, COUNTY shall canvass every residence within the 18 CITY approximately every 20 months to locate and license unlicensed dogs. 19 Licenses shall be sold at the residence; enforcement officers will follow-up on 20 problems when necessary. Nothing in this contract prohibits other methods for 21 the sale of dog licenses by CITY or COUNTY. 22 All animal related businesses in the jurisdiction will be inspected twice 23 each year and in response to any complaints received to assure that facilities 24 meet required standards. Appropriate notification shall be given to CITY. In 25 those cities which allow animal permits for private homes, permits shall be 26 issued with the approval of CITY following neighborhood investigation and 27 inspection of the home to assure that the residence has adequate facilities to 28 maintain the requested number of animals. 29 Pet license renewals shall be processed through an automated renewal 30 system. COUNTY will process renewals and answer telephone and in-person 31 questions regarding licensing requirements. 32 // 33 // 3 1 Low cost vaccination clinics, coordinated by Animal Control staff, will 2 be held throughout the year in various locations in the County in cooperation 3 with the Veterinary Association. 4 (3) SHELTER SERVICES: Shelter will receive animals from the public 5 365 days a year from 7:00 a.m. until 11 :00 p.m. Stray animals will be 6 accepted without charge. Owners who release their animals will be charged 7 a fee. The Shelter will be open to the public to locate lost pets or for pet 8 adoption Monday through Saturday (not including holidays) from 10:00 a.m. to 9 5:00 p.m., and until 7:00 p.m. on Wednesday. A low cost vaccination clinic 10 will be held the first Tuesday of each month at the Shelter. 11 The Shelter shall retain dogs and cats without owner identification for 12 three days, plus the day of impound and any Sundays or holidays. Those with 13 identification shall be retained seven days, plus the day of impound and any 14 Sundays or holidays. Animals will be kept on public display to allow owner 15 identification. When animals are wearing identification, owners will be 16 contacted by telephone and by mail. If animals are not redeemed by their 17 owners and adoption holds have not been placed, some may be made available 18 for adoption for an additional time period on a space available basis. Those 19 which are neither redeemed nor adopted will be euthanized and carcasses 20 disposed of. 21 If CITY wishes to request additional retention days for healthy, non- 22 aggressive animals impounded within CITY such services may be requested in 23 writing with 60 days advance notice. Such service will be provided to CITY 24 upon written approval of the Health Officer. If agreed to, additional animal 25 retention days will be offered on a space available basis only. CITY shall pay 26 charges for additional retention days as defined in Paragraph 6, C, 4, and in 27 compliance with Paragraph 6, B. 28 Veterinary services shall be available seven days a week. Veterinary 29 staff shall perform required euthanasia by lethal injection. Necropsies will be 30 performed on animals which die under suspicious circumstances and at the 31 request of law enforcement. 32 // 33 // 4 1 B. COUNTY shall furnish and supply all necessary labor, 2 supervision, equipment, and supplies to provide the services described in this 3 Agreement. In all instances wherein special supplies, stationary, notices, forms and 4 the like are issued in the name of CITY, the same shall be supplied by CITY at its own 5 expense. 6 C. The method by which services are provided, the standard of 7 performance, any other matters incidental to the performance of such services, and 8 the control of personnel so employed, shall be determined by COUNTY. In the event 9 of a dispute between the parties as to the extent of the duties and functions to be 10 provided hereunder, or the level and manner of performance of such services, the 11 parties shall meet in good faith to resolve their differences. In the event of an 12 impasse, the decision of the Health Officer of COUNTY shall be final. 13 D. To facilitate the performance of services hereunder, COUNTY 14 shall have full cooperation and assistance from CITY, its officers, agents and 15 employees. 16 E. If agreeable to both parties, additional services may be rendered 17 by COUNTY and paid for by CITY. 18 F. COUNTY agrees to maintain its animal shelter in a humane 19 manner and keep said premises in a clean condition at all times, and that all services 20 furnished by it hereunder shall be in accordance with the laws of the State of 21 California, and that it will give required notices and use humane methods of care and 22 destruction of any animal coming under its jurisdiction. 23 // 24 4. STATUS OF CONTRACTOR 25 Although the services herein described are municipal functions, all 26 persons employed by COUNTY to provide said services shall be COUNTY employees; 27 no person employed hereunder shall have the right to any CITY pension or civil service 28 status. When performing services under this Agreement and for the purpose of 29 giving official status to the performance thereof where necessary, but not for the 30 purpose of liability or indemnification, every COUNTY officer or employee shall be 31 deemed to be an officer or agent of CITY. 32 // 33 // 5 1 5. CQNFORMITY_QFLAW S___OR 3EGilLATIONS 2 A. Notwithstanding anything to the contrary herein contained, this 3 Agreement shall terminate at any time that CITY fails to enact, and to maintain in 4 full force and effect an ordinance identical in intent to the provisions of Article 1 5 through 10 of Division 1 of Title 4, and Divisions 1 , 2, and 3 of Title 5 of the 6 Codified Ordinances of the County of Orange, and other regulations presently adopted 7 by the Orange County Board of Supervisors concerning animal control, including those 8 which relate to fees. This Agreement shall also terminate if CITY does not enact the 9 same amendments to its Municipal Code as those adopted by COUNTY's Board of 10 Supervisors regarding animal control within sixty (60) days after a request to do so by 11 COUNTY Health Officer. 12 B. If CITY is considering adopting an ordinance and requesting its 13 enforcement by COUNTY, the Health Officer may provide assistance to CITY in 14 defining the manner in which the proposed ordinance enforcement would be provided 15 by COUNTY. COUNTY will provide such services when a written request is received 16 sixty (60) days prior to the requested implementation of the service upon the written 17 approval of the Health Officer. The manner and extent to which services are provided 18 in response to such a request shall be determined by the Health Officer and will only 19 be provided if the cost of such services can be delineated and accommodated under 20 the provisions of Paragraph 6, C. 21 C. CITY may request that specific ordinances adopted by COUNTY not 22 be enforced in CITY when written request for exclusion is received sixty (60) days 23 prior to the requested exclusion upon the written approval of the Health Officer. Such 24 requests will only be considered provided they are not in conflict with State statutes 25 or do not endanger the public health. The COUNTY Health Officer, acting on behalf 26 of COUNTY, may use discretion and need not request CITY to adopt amendments 27 which do not apply to CITY. 28 // 29 6. PAYMENTS 30 A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual 31 costs of providing animal control and animal shelter services. 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, CITY 4 shall make a FY 1997-98 Provisional Payment to COUNTY in the 5 amount of $47,798. This payment for 1997-98 services shall be 6 adjusted by a 1996-97 debit of $616 and further adjusted by a final 7 1995-96 debit of $473, resulting in a total adjusted provisional payment 8 of $48,887. This payment shall be adjusted as described in Paragraph 9 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, 1997, 13 the second is due December 30, 1997, the third is due March 30, 14 1998, and the fourth is due June 30, 1998. 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 the 20 direct payment of any salaries, wages or other compensation to any 21 COUNTY personnel performing services hereunder for said COUNTY, or 22 any liability other than provided for in this Agreement. CITY shall not 23 be liable for any compensation or indemnity to any COUNTY employee 24 for injury or sickness arising out of his or her employment. 25 (5) In the event this Agreement is extended in accordance 26 Paragraph 1 B. above, CITY shall make monthly provisional payments to 27 COUNTY in an amount equal to one twelfth of the amount shown as 28 the adjusted Provisional Payment in Paragraph 6 B (1) above. Such 29 payments shall be due no later than thirty (30) days after the month in 30 which services were provided. 31 // 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 be 7 determined by applying CITY's percentage of the total field Actions 8 provided by COUNTY to COUNTY's Total Actual Expenditures (including 9 indirect charges) for providing all Animal Control Field Services within 10 COUNTY. 11 (3) CITY's Actual Cost of Animal Control Special Services shall 12 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 Shelter 21 Services within COUNTY. An animal charge day is defined here as each 22 day or portion of a day that an animal is housed at COUNTY's Animal 23 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 to 3 determine the Net Cost of animal control and shelter services described 4 in Paragraph 6 E. below. 5 E. ADJUSTMENTS TO PROVISIONAL PAYMENT - 6 (1 ) CITY's combined Actual Costs of Animal Control and Shelter 7 Services, as described in Paragraphs 6 C. (2), 6 C (3) and 6 C (4) 8 above, shall be reduced by the total amount of license and other fee 9 revenue generated from CITY, as described in Paragraph 6 D. above, to 10 determine the Net Cost of Service provided under this Agreement. 11 (2) If the Net Cost of Service is less than the Provisional 12 Payment amount indicated in Paragraph 6 B (1 ) above, the COUNTY 13 shall credit difference to CITY. COUNTY agrees to refund the 14 difference if CITY does not enter into a subsequent agreement with 15 COUNTY for animal control and shelter services. 16 (3) If the Net Cost of Service is greater than the Provisional 17 Payment amount indicated in Paragraph 6 B (1 ) above, then COUNTY 18 shall invoice CITY for the difference if CITY does not enter into a 19 subsequent agreement. If payment is not received by COUNTY within 20 sixty (60) days after the invoice is submitted, COUNTY may satisfy the 21 indebtedness in any manner prescribed by law. 22 (4) COUNTY agrees to complete the calculation of the Net Cost 23 of Service for animal control and animal shelter services, and credit or 24 refund any overpayment by CITY, or invoice CITY for the additional 25 amount owed by CITY, on or before December 31 , 1998. 26 /! 27 7. FINANCIAL/OPERATIONAL ADVISORY BOARD 28 The parties agree that there shall be a Financial/Operational Advisory Board to 29 advise the Director of Animal Control on financial and operational matters and to 30 assess cost recovery options for future years. The Financial/Operational Advisory 31 // 32 // 33 9 1 Board shall be made up of seven members, four members appointed by the Orange 2 County League of Cities and three members appointed by COUNTY. 3 I/ 4 8. RECORDS 5 All records created or received by COUNTY in accordance with this Agreement 6 shall be COUNTY records. COUNTY agrees to keep such books and records in such 7 form and manner as the Auditor-Controller of COUNTY shall specify. Said books shall 8 be open for examination by CITY at all reasonable times. 9 // 10 9. ANIMALS RETAINED FOR CRIMINAL_PROSECUTION 11 Animals which are being retained in criminal prosecutions, except for violations of 12 Animal Control regulations and/or ordinances pursuant to the Agreement, are not to 13 be construed as held pursuant to the services provided under this Agreement; housing 14 will be done at the discretion of the COUNTY and at the COUNTY's usual and 15 customary charges for such housing. 16 // 17 10. ALTERATION OF TERMS 18 This Agreement fully expresses all understandings of COUNTY and CITY with 19 respect to the subject matter of this Agreement, and shall constitute the total 20 Agreement between the parties for these purposes. No addition to, or alteration of, 21 the terms of this Agreement shall be valid unless made in writing, formally approved 22 and executed by duly authorized agents of both parties. 23 // 24 11 . INDEMNIFICATION 25 A. That neither COUNTY nor any officer or employee thereof shall be 26 responsible for any damage or liability occurring by reason of anything done or 27 omitted to be done by CITY under or in connection with any work, 28 authority or jurisdiction delegated to CITY under this Agreement. It is also 29 understood and agreed that, pursuant to Government Code Section 895.4, CITY shall 30 fully defend, indemnify and hold COUNTY harmless from any liability imposed for 31 injury (as defined by Government Code Section 810.8), including attorneys fees 32 // 10 1 and costs, occurring by reason of anything done or omitted to be done by CITY under 2 or in connection with any work, authority or jurisdiction delegated to CITY under this 3 Agreement. 4 B. That neither CITY nor any officer or employee thereof shall be 5 responsible for any damage or liability occurring by reason of anything done or 6 omitted to be done by COUNTY under or in connection with any work, authority or 7 jurisdiction delegated to COUNTY under this Agreement. It is also understood and 8 agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully 9 defend, indemnify and hold CITY harmless from any liability imposed for injury (as 10 defined by Government Code Section 810.8), including attorneys fees and costs, 11 occurring by reason of anything done or omitted to be done by COUNTY under or in 12 connection with any work, authority or jurisdiction delegated to COUNTY under this 13 Agreement. 14 // 15 12. NOTICES 16 Unless the persons or addresses are otherwise identified by notice given in the 17 manner specified by this paragraph, all notices authorized or required by this 18 Agreement shall be deemed effective when reduced to writing and deposited in the 19 United States mail, certified, and addressed as follows: 20 // 21 To CITY: City Manager 22 City of San Juan Capistrano 23 32400 Paseo Adelanto 24 San Juan Capistrano, Ca 92675 25 // 26 To COUNTY: Health Officer 27 County of Orange 28 515 N. Sycamore 29 Santa Ana, Ca 92701 30 // 31 // 32 // 33 // 34 // 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. 2 // 2 1997 CutZbta_..,j-J y. 3 // OCT 0 4 DATED: _ _ By 5 Chairman, Board of Supervisors 6 // 7 OCT 2 0 1997 8 DATED: SIGNED AND CERTIFIED THAT A 9 COPY OF THIS DOCUMENT HAS �Y"• 10 BEEN DELIVERED TO THE U 7 11 CHAIRMAN OF THE BOARD teP 12 // ATTEST 13 // 14 Id / 15 DARLENE J. BLOOM 16 Clerk of the Board of Supervis:`� 17 of Orange County, California/ 18 19 DATED: 0.07 APPROVED AS TO FORM: 20 COUNTY COUNSEL 21 // 22 // 23 // 24 re440;*,/toe.r7ecr 25 8/5/97 26 DATED: CITY OF San Juan Capistrano 27 a municipal corp tion 28 29 Byr J 30 Mayor David . werdlin 31 // 32 33 DATED: g/6/(/' . ATTEST: 34 f �_ 35 � .1//., 36 BY �.. =�! � _it /\y° 37 City Clerk 38 // 39 // 40 DATED: APPROVED AS TO FORM: 41 42 // 43 // By 44 City A t orney 45 // 46 contrct2 13