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1998-0701_ORANGE, COUNTY OF_Agreement 1 AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES 2 // 3 // 4 THIS AGREEMENT, entered into this 1st day of July 1998, which date is 5 enumerated for purposes of reference only, is by and between the COUNTY OF 6 ORANGE, a political subdivision of the State, hereinafter referred to as "COUNTY," and 7 the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to 8 as "CITY." 9 // 10 // 11 WITNESSETH: 12 13 // 14 // 15 16 WHEREAS, CITY is desirous of contracting with COUNTY for the performance of 17 the animal control and animal shelter services through COUNTY's Health Officer, as 18 described herein: and 19 WHEREAS, COUNTY is willing and able to render such services on terms and 20 conditions hereinafter set forth; 21 NOW THEREFORE, IT IS MUTUALLY AGREED as follows: 22 // 23 1. TERM 24 // 25 A. This Agreement shall begin on July 1, 1998, and end 26 June 30, 1999. 27 B. The term of this Agreement shall be automatically extended for a 28 180 day period through December 31. 1999. if a successor Agreement between the 29 parties is not in force by July 1, 1999. and no notice of non-renewal has been given by 30 either CITY or COUNTY in accordance with Paragraph 2 of this Agreement. 31 /1 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. 1998. 4 B. Any obligation of COUNTY under this agreement is contingent upon the 5 following: 6 (1) Inclusion of sufficient funding for the services hereunder in the 7 budget approved by the Board of Supervisors. for Fiscal Year 1998-99, and 8 the Fiscal Year 1999-00. 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. Services 16 provided by COUNTY shall include the enforcement of State statutes deemed applicable 17 to CITY by COUNTY. COUNTY will not be obligated to enforce any ordinances adopted 18 by CITY except those adopted in compliance with Paragraph 5 of this Agreement. The 19 level of animal control and shelter services to be provided under this Agreement shall be 20 established as those customarily provided to residents of unincorporated areas of the 21 COUNTY. Services shall be provided in the following three categories. 22 (1) FIELD SERVICES: Field Services shall be provided seven days a 23 week, 24 hours per day. 365 days a year, with the level of service reduced 24 between the hours of 11:00 p.m. and 7:00 a.m. Telephone service request lines 25 answered between 8:00 a.m. and 5:00 p.m. every day. except holidays; lines 26 monitored and responded to on a priority basis on holidays and after 5:00 p.m. 27 Activities include, but are not limited to: patrol of assigned regional areas; 28 impounding of stray dogs or confined stray cats and of owner- released animals; , 29 pick up of injured wildlife, cruelty investigations: return of unclaimed animals 30 (following required retention period) to one designated location on behalf of CITY; 31 field release to owner and impound fee collection for licensed dogs impounded; 32 bite investigations: quarantine activities including home checks of animals involved 33 // 2 1 in bites: inspections of facilities which are required to comply with the vicious dog 2 ordinance; transportation of all injured impounded animals to emergency 3 veterinarians: issuance of citations, impounding of dead animals for disposal; 4 response to service request calls from law enforcement and city officials to assist 5 in areas regarding suspected criminal activities or zoning violations; citizen 6 contacts to give information or advice regarding wildlife or other animal concerns, 7 not to include wildlife eradication or relocation services. 8 In house field services activities shall include: assistance to citizens 9 regarding barking dogs and other nuisance complaints; advice regarding wildlife 10 management and other issues which may not require contact in the field by an 11 officer: visits to schools and community groups to provide education regarding 12 wildlife management. responsible pet ownership and other animal control issues. 13 (2) SPECIAL SERVICES: (Pet and Facility Licensing) In keeping with 14 Public Health laws which require the rabies vaccination and licensing of all dogs 15 over four months old. COUNTY shall canvass every residence within the CITY 16 approximately every 20 months to locate and license unlicensed dogs. Licenses 17 shall be sold at the residence; enforcement officers will follow-up on problems 18 when necessary. Nothing in this contract prohibits other methods for the sale of 19 dog licenses by CITY or COUNTY. 20 All animal related businesses in the jurisdiction will be inspected twice each 21 year and in response to any complaints received to assure that facilities meet 22 required standards. Appropriate notification shall be given to CITY. In those cities 23 which allow animal permits for private homes, permits shall be issued with the 24 approval of CITY following neighborhood investigation and inspection of the home 25 to assure that the residence has adequate facilities to maintain the requested 26 number of animals. 27 Pet license renewals shall be processed through an automated renewal 28 system. COUNTY will process renewals and answer telephone and in-person 29 questions regarding licensing requirements. 30 Low cost vaccination clinics. coordinated by Animal Control staff, will be 31 held throughout the year in various locations in the County in cooperation with the 32 Veterinary Association. 33 // 3 , 1 (3) SHELTER SERVICES: Shelter will receive animals from the public 365 2 days a year from 7:00 a.m. until 11:00 p.m. Stray animals will be accepted without 3 charge. Owners who release their animals will be charged a fee. The Shelter will 4 be open to the public to locate lost pets or for pet adoption Monday through 5 Saturday (not including holidays) from 10:00 a.m. to 5:00 p.m., and until 7:00 p.m. 6 on Wednesday. A low cost vaccination clinic will be held the first Tuesday of each 7 month at the Shelter. 8 The Shelter shall retain dogs and cats without owner identification for three 9 days, plus the day of impound and any Sundays or holidays. Those with 10 identification shall be retained seven days. plus the day of impound and any 11 Sundays or holidays. Animals will be kept on public display to allow owner 12 identification. When animals are wearing identification. owners will be contacted 13 by telephone and by mail. If animals are not redeemed by their owners and 14 adoption holds have not been placed. some may be made available for adoption 15 for an additional time period on a space available basis. Those which are neither 16 redeemed nor adopted will be euthanized and carcasses disposed of. 17 If CITY wishes to request additional retention days for healthy, non- 18 aggressive animals impounded within CITY such services may be requested in 19 writing with 60 days advance notice. Such service will be provided to CITY upon 20 written approval of the Health Officer. If agreed to. additional animal retention 21 days will be offered on a space available basis only. CITY shall pay charges for 22 additional retention days as defined in Paragraph 6. C. 4, and in compliance with 23 Paragraph 6. B. 24 Veterinary services shall be available seven days a week. Veterinary staff 25 shall perform required euthanasia by lethal injection. Necropsies will be performed 26 on animals which die under suspicious circumstances and at the request of law 27 enforcement. 28 // 29 // 30 // 31 // • 4 1 B. COUNTY shall furnish and supply all necessary labor, supervision, 2 equipment, and supplies to provide the services described in this Agreement. In all 3 instances wherein special supplies, stationary, notices, forms and the like are issued in 4 the name of CITY, the same shall be supplied by CITY at its own expense. 5 C. The method by which services are provided, the standard of 6 performance, any other matters incidental to the performance of such services, and the 7 control of personnel so employed. shall be determined by COUNTY. In the event of a 8 dispute between the parties as to the extent of the duties and functions to be provided 9 hereunder. or the level and manner of performance of such services, the parties shall 10 meet in good faith to resolve their differences. In the event of an impasse, the decision of 11 the Health Officer of COUNTY shall be final. 12 D To facilitate the performance of services hereunder. COUNTY shall 13 have full cooperation and assistance from CITY, its officers, agents and employees. 14 E. If agreeable to both parties, additional services may be rendered by 15 COUNTY and paid for by CITY. 16 F. COUNTY agrees to maintain its animal shelter in a humane manner 17 and keep said premises in a clean condition at all times. and that all services furnished by 18 it hereunder shall be in accordance with the laws of the State of California, and that it will 19 give required notices and use humane methods of care and destruction of any animal 20 coming under its jurisdiction. 21 // 22 4. STATUS OF CONTRACTOR 23 Although the services herein described are municipal functions, all persons 24 employed by COUNTY to provide said services shall be COUNTY employees; no person 25 employed hereunder shall have the right to any CITY pension or civil service status. 26 When performing services under this Agreement and for the purpose of giving official 27 status to the performance thereof where necessary. but not for the purpose of liability or 28 indemnification. every COUNTY officer or employee shall be deemed to be an officer or , 29 agent of CITY. 30 // 31 // 32 // 33 5 1 5. CONFORMITY OF LAWS OR REGULATIONS 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 through 10 5 of Division 1 of Title 4. and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of 6 the County of Orange. and other regulations presently adopted by the Orange County 7 Board of Supervisors concerning animal control. including those which relate to fees. This 8 Agreement shall also terminate if CITY does not enact the same amendments to its 9 Municipal Code as those adopted by COUNTY's Board of Supervisors regarding animal 10 control within sixty (60) days after a request to do so by COUNTY Health Officer. 11 B. If CITY is considering adopting an ordinance and requesting its 12 enforcement by COUNTY, the Health Officer may provide assistance to CITY in defining 13 the manner in which the proposed ordinance enforcement would be provided by 14 COUNTY. COUNTY will provide such services when a written request is received sixty 15 (60) days prior to the requested implementation of the service upon the written approval of 16 the Health Officer. The manner and extent to which services are provided in response to 17 such a request shall be determined by the Health Officer and will only be provided if the 18 cost of such services can be delineated and accommodated under the provisions of 19 Paragraph 6, C. 20 C. CITY may request that specific ordinances adopted by COUNTY not be 21 enforced in CITY when written request for exclusion is received sixty (60) days prior to the 22 requested exclusion upon the written approval of the Health Officer. Such requests will 23 only be considered provided they are not in conflict with State statutes or do not endanger 24 the public health. The COUNTY Health Officer, acting on behalf of COUNTY, may use 25 discretion and need not request CITY to adopt amendments which do not apply to CITY. 26 // 27 6. PAYMENTS 28 A. BASIS FOR PAYMENT CITY shall pay COUNTY for the actual , 29 costs of providing animal control and animal shelter services. 30 // 31 // 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 1998-99 Provisional Payment to COUNTY in the amount 5 of $70,269. This payment for 1998-99 services shall be adjusted by a 6 1997-98 debit of $6,033 and further adjusted by a final 1996-97 debit of 7 $3,063, resulting in a total adjusted provisional payment of $79,365. This 8 payment shall be adjusted as described in Paragraph 6 E, below. 9 (2) The Provisional Payment shall be paid to COUNTY in four 10 installments, each equal to twenty five percent (25%) of the total 11 Provisional Payment. The first installment is due September 30, 1998, the 12 second is due December 30, 1998, the third is due March 30, 1999, and 13 the fourth is due June 30, 1999. 14 (3) If payment is not received by COUNTY within thirty (30) days 15 after the due date, COUNTY may cease providing any further service 16 under this Agreement with CITY and may satisfy the indebtedness in any 17 manner prescribed by law. 18 (4) CITY shall not be called upon to assume any liability for the 19 direct payment of any salaries, wages or other compensation to any 20 COUNTY personnel performing services hereunder for said COUNTY, or 21 any liability other than provided for in this Agreement. CITY shall not be 22 liable for any compensation or indemnity to any COUNTY employee for 23 injury or sickness arising out of his or her employment. 24 (5) In the event this Agreement is extended in accordance 25 Paragraph 1 B. above, CITY shall make monthly provisional payments to 26 COUNTY in an amount equal to one twelfth of the amount shown as the 27 adjusted Provisional Payment in Paragraph 6 B (1) above. Such payments 28 shall be due no later than thirty (30) days after the month in which services 29 were provided. 30 // 31 // 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 control 4 and shelter services provided to CITY during the term of this Agreement. 5 (2) CITY's Actual Cost of Animal Control Field Services shall be 6 determined by applying CITY's percentage of the total field Actions 7 provided by COUNTY to COUNTY's Total Actual Expenditures (including 8 indirect charges) for providing all Animal Control Field Services within 9 COUNTY. 10 (3) CITY's Actual Cost of Animal Control Special Services shall be 11 determined by applying CITY's percentage of the total animal licenses sold 12 by COUNTY to COUNTY's Total Actual Expenditures (including indirect 13 charges) for providing all Animal Control Special Services within COUNTY. 14 (4) CITY's Actual Cost of Animal Shelter Services shall be 15 - determined by applying the CITY's percentage of animal charge days, for 16 animals impounded from within the corporate limits of CITY and animals 17 received from residents of CITY, to COUNTY's Total Actual Expenditures 18 (including indirect charges) for providing all Animal Shelter Services within 19 COUNTY. An animal charge day is defined here as each day or portion of 20 a day that an animal is housed at COUNTY's Animal Shelter. 21 D. FEE REVENUE - 22 (1) COUNTY shall have all powers of CITY and shall receive all 23 cooperation possible from CITY to enable efficient enforcement of fee 24 collection. COUNTY shall retain all fees and revenue derived from the 25 enforcement of the CITY Ordinances pertaining to the animal control 26 services provided by COUNTY. • 27 (2) COUNTY agrees to keep record of and to credit to CITY all 28 license revenue collected from residents of CITY. and all fee revenue 29 generated from animals received from CITY residents or impounded within 30 the corporate limits of CITY. Said revenue credit shall be used to 31 determine the Net Cost of animal control and shelter services described in 32 Paragraph 6 E. below. 8 1 E. ADJUSTMENTS TO PROVISIONAL PAYMENT - 2 (1) CITY's combined Actual Costs of Animal Control and Shelter 3 Services, as described in Paragraphs 6 C. (2), 6 C (3) and 6 C (4) above, 4 shall be reduced by the.total amount of license and other fee revenue 5 generated from CITY. as described in Paragraph 6 D. above, to determine 6 the Net Cost of Service provided under this Agreement. 7 (2) If the Net Cost of'Service is less than the Provisional Payment 8 amount indicated in Paragraph 6 B (1) above, the COUNTY shall credit 9 difference to CITY. COUNTY agrees to refund the difference if CITY does 10 not enter into a subsequent agreement with COUNTY for animal control 11 and shelter services. 12 (3) If the Net Cost of Service is greater than the Provisional 13 Payment amount indicated in Paragraph 6 B (1) above. then COUNTY 14 shall invoice CITY for the difference if CITY does not enter into a 15 subsequent agreement. If payment is not received by COUNTY within sixty 16 (60) days after the invoice is submitted. COUNTY may satisfy the 17 indebtedness in any manner prescribed by law. 18 (4) COUNTY agrees to complete the calculation of the Net Cost of 19 Service for animal control and animal shelter services. and credit or refund 20 any overpayment by CITY, or invoice CITY for the additional amount owed 21 by CITY, on or before December 31. 1999. 22 // 23 7. FINANCIAL/OPERATIONAL ADVISORY BOARD 24 The parties agree that there shall be a Financial/Operational Advisory Board to 25 advise the Director of Animal Control on financial and operational matters and to assess 26 cost recovery options for future years. The Financial/Operational Advisory 27 Board shall be made up of seven members. four members appointed by the Orange 28 County League of Cities and three members appointed by COUNTY. 29 // 30 // 31 // 32 Il 3:3 9 1 8. RECORDS 2 All records created or received by COUNTY in accordance with this Agreement 3 shall be COUNTY records. COUNTY agrees to keep such books and records in such 4 form and manner as the Auditor-Controller of COUNTY shall specify. Said books shall be 5 open for examination by CITY at all reasonable times. 6 // 7 9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION 8 Animals which are being retained in criminal prosecutions. except for violations of Animal 9 Control regulations and/or ordinances pursuant to the Agreement, are not to be construed 10 as held pursuant to the services provided under this Agreement; housing will be done at 11 the discretion of the COUNTY and at the COUNTY's usual and customary charges for 12 such housing. 13 // 14 10. ALTERATION OF TERMS 15 This Agreement fully expresses all understandings of COUNTY and CITY with 16 respect to the subject matter of this Agreement. and shall constitute the total Agreement 17 between the parties for these purposes. No addition to. or alteration of, the terms of this 18 Agreement shall be valid unless made in writing, formally approved and executed by duly 19 authorized agents of both parties. 20 // 21 11. INDEMNIFICATION 22 A. That neither COUNTY nor any officer or employee thereof shall be 23 responsible for any damage or liability occurring by reason of anything done or omitted to 24 be done by CITY under or in connection with any work. 25 authority or jurisdiction delegated to CITY under this Agreement. It is also 26 understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully 27 defend, indemnify and hold COUNTY harmless from any liability imposed for injury (as 28 defined by Government Code Section 810.8). including attorneys fees 29 and costs. occurring by reason of anything done or omitted to be done by CITY under or 30 in connection with any work. authority or jurisdiction delegated to CITY under this . 31 Agreement. 32 // 10 1 B. That neither CITY nor any officer or employee thereof shall be responsible 2 for any damage or liability occurring by reason of anything done or omitted to be done by 3 COUNTY under or in connection with any work, authority or jurisdiction delegated to 4 COUNTY under this Agreement. It is also understood and agreed that, pursuant to 5 Government Code Section 895.4, COUNTY shall fully defend, indemnify and hold CITY 6 harmless from any liability imposed for injury (as defined by Government Code Section 7 810.8), including attorneys fees and costs, occurring by reason of anything done or 8 omitted to be done by COUNTY under or in connection with any work, authority or 9 jurisdiction delegated to COUNTY under this Agreement. 10 // 11 12. NOTICES 12 Unless the persons or addresses are otherwise identified by notice given in the 13 manner specified by this paragraph, all notices authorized or required by this Agreement 14 shall be deemed effective when reduced to writing and deposited in the United States 15 mail, certified, and addressed as follows: 16 // 17 To CITY: City Manager 18 City of San Juan Capistrano • 19 32400 Paseo Adelanto 20 San Juan Capistrano, Ca 92675 21 // 22 To COUNTY: Health Officer 23 County of Orange 24 515 N. Sycamore 25 Santa Ana, Ca 92701 26 // 27 // 28 // 29 // 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 attested • 3 by its Clerk, and the COUNTY OF ORANGE by order of its Board of Supervisors, has 4 caused these presents to be subscribed by the Chairman of said Board and this seal of 5 said Board to be affixed thereto and attested by the Clerk of the Board, all on the day and 6 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 // /./ 3 // 'SEP 2 k�r�� 4 DATED: By • 5 Chairman, Board of Supervisors 6 // 7 sEV 8 DATED: SIGNED AND CERTIFIED THAT A 9 .COPY OF THIS DOCUMENT HAS 10 BEEN DELIVERED TO THE 11 CHAIRMAN OF THE BOARD 12 // 13 // 15DARL NE J. BLOOM c 16 I`1FOµ��� Clerk of the Board of Supervisors 17 of Orange County, California 18 1.9 DATED: 6A8/fr APPROVED AS TO FORM: 20 COUNTY COUNSEL 21 // 22 // 23 24 /l A-( 344/ 25 26 DATED: �� � ? CITY OF San Juan Capistrano 27 a muniarcorporation 28 z 29 By - 30 _Mayor 31 // 32 33 DATED: `f///` ATTEST: 34 35 36 By 37 City Clerk , 38 // 39 // 40 DATED: '7/ 4'7 APPROVED AS TO FORM: 41 42 // 43 // By 44 City Attor ey 45 // 46 contrct2 13