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04-0701_ORANGE, COUNTY OF_AgreementI AGREEMENT FOR PROVISION OF 2 ANIMAL CARE SERVICES 3 BETWEEN 4 COUNTY OF ORANGE 5 AND 6 CITY OF SAN JUAN CAPISTRANO 7 FISCAL YEAR 2004 - 2005 8 9 THIS AGREEMENT entered into this 1st day of July, 2004, which date is enumerated for purposes 10 of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State of 1 I California (COUNTY) and the CITY OF SAN JUAN CAPISTRANO, a municipal nonprofit corporation 12 (CITY). This Agreement shall be administered by the County of Orange Health Care Agency 13 (ADMINISTRATOR). 14 15 WITNESSETH: 16 17 WHEREAS, CITY wishes to contract with COUNTY for the provision of the Animal Care Services 18 described herein; and 19 WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions 20 hereinafter set forth: 21 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 22 23 24 25 26 // 27 // 28 // 29 30 // 31 // 32 /1 33 // 34 // 35 // 36 // 37 /f 1 2 3 4 5 6 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 33 34 35 36 37 CONTENTS PARAGRAPH TitlePage ...................................... Contents ........................................ Referenced Contract Provisions... I. Alteration of Terms ...................... II. Indemnification ............................. III. Notices .......................................... IV. Severability ................................... V. Status of the Parties ...................... VI. Term .............................................. VII. Termination .................................. VIII. Third Party Beneficiary ................ IX. Waiver of Default or Breach ........ Signature Page .............................. PAGE ....................... 1 ....................... 2 ....................... 3 ....................... 4 ....................... 4 ....................... 4 ....................... 5 ....................... 5 ....................... 5 ....................... 6 ....................... 6 ....................... 6 ....................... 7 EXHIBIT A I. Conformity of Laws or Regulations........................................................................................ 1 H. Financial/Operational Advisory Board................................................................................... 1 III. Payments.................................................................................................................................. 2 IV. Records.................................................................................................................................... 3 V. Reports..................................................................................................................................... 4 VI. Services to be Provided by County......................................................................................... 4 EXHIBIT B Confidentiality Agreement.. // // // // // // // // 2of7 XACONTRACT 2004+\Animal Care Sr s Master-04-05-HH.Doc .......1 Page ACSIKKO5 1 2 3 4 5 6 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 33 34 35 36 37 REFERENCED CONTRACT PROVISIONS Term: July 1, 2004 through June 30, 2005 I Notices to COUNTY and CITY: COUNTY: County of Orange Health Care Agency Deputy Agency Director for Regulatory Health Services 405 West 5th Street, 7th Floor Santa Ana, CA 92701-4637 and County of Orange Health Care Agency Contract Development and Management 405 West 5th Street, Suite 600 Santa Ana, CA 92701-4637 C1TY: Michael Cantor Senior Management Analyst City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 // // // // // // // // // // // // // XACONTRACT 2004+\Animal Care Sm Master-04-05-HH.Dm 3 of 7 ACS1KKO5 1 I. ALTERATION OF TERMS 2 This Agreement, together with Exhibits A and B attached hereto and incorporated herein by 3 reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of 4 this Agreement, and shall constitute the total Agreement between the parties for these purposes. No 5 addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless 6 made in writing and formally approved and executed by both parties. 7 8 II. INDEMNIFICATION 9 A. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or l0 liability occurring by reason of anything done or omitted to be done by CITY under or in connection 11 with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood 12 and agreed to that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and 13 hold COUNTY harmless from any liability imposed for injury (as defined in Government Code 14 Section 810.8), including attorneys fees and costs, occurring by reason of anything done or omitted to be 15 done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under 16 this Agreement. 17 B. Neither CITY nor any officer or employee thereof shall be responsible for any damage or 18 liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection 19 with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is also 20 understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully defend, 21 indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government 22 Code Section 810.8), including attorneys fees and costs, occurring by reason of anything done or omitted 23 to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to 24 COUNTY under this Agreement. 25 26 III. NOTICES 27 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements 28 authorized or required by this Agreement shall be effective: 29 1. When written and deposited in the United States mail, first class postage prepaid and 30 addressed as specified on page 3 of this Agreement or otherwise directed by ADMINISTRATOR; or 31 2. When faxed, transmission confirmed; 32 3. When sent by electronic mail; or 33 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel 34 Service, or other expedited delivery service. 35 B. Termination Notices shall be addressed as specified on page 3 of this Agreement or otherwise 36 directed by ADMINISTRATOR and shall be effective when faxed, transmission confirmed, or when 37 // 4of7 XACONTRACT 2004+4Animal Care Sm Master-04-05-HH.Doc ACSIKKO5 I accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other 2 expedited delivery service. 3 C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming 4 aware of any occurrence of a serious nature which may expose either party to liability. Such occurrences 5 shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any 6 County property in possession of CTTY. 7 D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by 8 ADMINISTRATOR. 9 10 IV. SEVERABILITY 11 If a court of competent jurisdiction declares any provision of this Agreement or application thereof 12 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any 13 federal, state, or county statute, ordinance, or regulation, the remaining provisions of this Agreement or 14 the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain 15 in full force and effect, and to that extent the provisions of this Agreement are severable. 16 17 V. STATUS OF THE PARTIES 18 COUNTY shall at all times be deemed to be an independent contractor and shall be wholly 19 responsible for the manner in which it performs its duties under this Agreement. Nothing herein 20 contained shall be construed as creating the relationship of employer and employee, or principal and 21 agent, between CTTY and COUNTY or any of their respective agents, subcontractors, or employees. 22 COUNTY assumes exclusively the responsibility for the acts of its employees. COUNTY and its 23 employees shall not be entitled to any rights and/or privileges of CITY employees, and shall not be 24 considered in any manner to be CTTY'S employees. Likewise, CTTY assumes exclusively the 25 responsibility for the acts of its employees, and they shall not be considered in any manner to be 26 COUNTY S employees. 27 28 VI. TERM 29 A. The term of this Agreement shall commence and terminate as specified on page 3 of this 30 Agreement, unless otherwise sooner terminated as provided in this Agreement; provided, however, 31 COUNTY shall be obligated to perform such duties as would normally extend beyond this term, 32 including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting 33 and accounting. 34 B. The term of this Agreement shall be automatically extended for a 180 -day period through 35 December 31, 2005, if a successor Agreement between the parties is not in force by July 1, 2005, and no 36 notice of non -renewal has been given by either CITY or COUNTY in accordance with the Termination 37 paragraph of this Agreement. 5of7 X1CONTRACT 2004+\Animal Care Srvs Master-04-05-HHDx ACS1KKO5 I C. If either party determines not to renew this Agreement, a minimum of six (6) months' written 2 notice shall be given to the other party. 3 4 VII. TERMINATION 5 A. If either party determines not to renew this Agreement, written notice shall be given to the other 6 party no later than December 31, 2004. 7 B. Any obligation of COUNTY under this agreement is contingent upon the following: 8 1. Inclusion of sufficient funding for the services hereunder in the applicable budgets approved 9 by the Board of Supervisors. 10 2. In the event such funding is subsequently reduced or terminated, COUNTY may terminate 11 this agreement upon thirty (30) days written notice given to CITY. 12 13 VIII. THIRD PARTY BENEFICIARY 14 Neither party hereto intends that this Agreement shall create rights hereunder in third parties 15 including, but not limited to, any subcontractors or any clients provided services hereunder. 16 17 IX. WAIVER OF DEFAULT OR BREACH 18 Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any 19 breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. 20 Waiver of any default or any breach shall not be considered a modification of the terms of this 21 Agreement. 22 H 23 H 24 H 25 26 H 27 It 28 H 29 1/ 30 31 32 H 33 34 35 36 H 37 6of7 XACONTRACT 2004+\Animal Care Sm Master-04-05-HH.Doe ACSIKKOS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO am 10 -IIA micipal co tion G1-&-�� MAYOR Date ATTEST: CITY CLERK APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA /l •- /� -o � Date APPROVED AS TO FORM: CITY ATTORNEY BY: ;� YJ //� BY: 14ALAf 011pl o 1 '^Date U Date X:\CONTRACT 2004+\Animal Care Sms Master-04-05-HH.Doe 7 of 7 1 EXHIBIT A 2 TO AGREEMENT WITH 3 CITY OF SAN JUAN CAPISTRANO 4 ANIMAL CARE SERVICES 5 FISCAL YEAR 2004 - 2005 6 7 I. CONFORMITY OF LAWS OR REGULATIONS g A. Notwithstanding anything to the contrary herein contained, this Agreement shall terminate at 9 any time that CITY fails to enact, and to maintain in full force and effect an ordinance identical in intent 10 to the provisions of Article 1 through 10 of Division 1 of Title 4, and Divisions 1, 2, and 3 of Title 5 of 11 the Codified Ordinances of the County of Orange, and other regulations presently adopted by the Orange 12 County Board of Supervisors concerning animal control, including those which relate to fees. This 13 Agreement shall also terminate if CITY does not enact the same amendments to its Municipal Code as 14 those adopted by COUNTY'S Board of Supervisors regarding animal control within sixty (60) days after 15 a request to do so by COUNTY'S Health Care Agency Director or designee. 16 B. If CITY is considering adopting an ordinance and requesting its enforcement by COUNTY, 17 COUNTY'S Health Care Agency Director or designee may provide assistance to CITY in defining the Ig manner in which the proposed ordinance enforcement would be provided by COUNTY. COUNTY will 19 provide such services when a written request is received sixty (60) days prior to the requested 20 implementation of the service upon the written approval of COUNTY'S Health Care Agency Director or 21 designee. The manner and extent to which services are provided in response to such a request shall be 22 determined by COUNTY'S Health Care Agency Director or designee and will only be provided if the 23 cost of such services can be delineated and accommodated under the provisions of the Payments 24 Paragraph of Exhibit A to this Agreement. 25 C. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY when 26 written request for exclusion is received sixty (60) days prior to the requested exclusion upon the written 27 approval of COUNTY'S Health Care Agency Director or designee. Such requests will only be 28 considered provided they are not in conflict with State statutes or do not endanger the public health. 29 COUNTY'S Health Care Agency Director or designee, acting on behalf of COUNTY, may use 30 discretion and need not request CITY to adopt amendments which do not apply to CITY. 31 32 II. FINANCIAL/OPERATIONAL ADVISORY BOARD 33 The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY'S 34 Director of Animal Care Services on financial and operational matters and to assess cost recovery 35 options for future years. The Financial/Operational Advisory Board shall be made up of seven (7) 36 members, four (4) members appointed by the Orange County League of Cities and three (3) members 37 appointed by COUNTY. 1 of 6 EXHIBIT A XACONTRACT 2004+\Animal Care Sms Master-04-05-1iH.Doc ACSIKKO5 1 III. PAYMENTS 2 A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual costs of providing Animal 3 Care Services. 4 B. PAYMENT METHOD 5 1. In consideration for the Animal Care Services provided by COUNTY during the term of 6 this Agreement, CITY shall make a Fiscal Year (FY) 2004-05 Provisional Payment to COUNTY in the 7 amount of $65,359. This payment for FY 2004-05 services shall be adjusted by a FY 2002 -2003 credit g of $11,913, resulting in a total adjusted Provisional Payment of $53,446. This payment shall be adjusted 9 as described in subparagraph III.E., below. 10 2. The Provisional Payment shall be paid to COUNTY in four (4) installments, each equal to 11 twenty-five percent (25%) of the total combined adjusted Provisional Payment. The first installment is 12 due September 30, 2004, the second is due December 31, 2004, the third is due March 31, 2005, and the 13 fourth is due June 30, 2005. 14 3. If payment is not received by COUNTY within thirty (30) days after the due date, 15 COUNTY may cease providing any further service under this Agreement and may satisfy the 16 indebtedness in any manner prescribed by law. 17 4. CITY shall not be called upon to assume any liability for the direct payment of any salaries, 18 wages or other compensation to any COUNTY personnel performing services hereunder for COUNTY, 19 or any liability other than provided for in the Agreement. CITY shall not be liable for compensation or 20 indemnity to any COUNTY employee for injury or sickness arising out of his or her employment. 21 5. In the event this Agreement is extended in accordance with the Term paragraph of this 22 Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to 23 one -twelfth (1/12) of the FY 2004-05 adjusted Provisional Payment amounts shown in 24 subparagraph III.B.1. above. Such payments shall be due no later than thirty (30) days after the month in 25 which services were provided. 26 C. DETERMINATION OF ACTUAL COST OF SERVICES 27 1. COUNTY agrees to collect and maintain expenditure and workload data to be used to 28 determine the actual cost of Animal Care Services provided to CITY during the term of this Agreement. 29 2. CITY'S Actual Cost of Animal Care Field Services shall be determined by applying 30 CITY'S percentage of the total Field Actions provided by COUNTY to COUNTY'S Total Actual 31 Expenditures (including indirect charges) for providing all Animal Care Field Services within 32 COUNTY. 33 3. CITY'S Actual Cost of Animal Care Special Services shall be determined by applying 34 CITY'S percentage of the total animal licenses sold by COUNTY to COUNTY'S Total Actual 35 Expenditures (including indirect charges) for providing all Animal Care Special Services within 36 COUNTY. 37 2 of 6 EXHIBIT A XACONTRACT 2004+\Animal Care Sr s Master-04-05-HH.Doc ACSIKKO5 1 4. CITY'S Actual Cost of Animal Care Shelter Services shall be determined by applying the 2 CITY'S percentage of animal charge days, for animals impounded from within the corporate limits of 3 CITY and animals received from residents of CITY, to COUNTY'S Total Actual Expenditures 4 (including indirect charges) for providing all Animal Care Shelter Services within COUNTY. An 5 animal charge day is defined as each day or portion of a day that an animal is housed at COUNTY'S 6 Animal Shelter. 7 D. FEE REVENUE g 1. COUNTY shall have all powers of CITY and shall receive all cooperation possible from 9 CITY to enable efficient enforcement of fee collection. COUNTY shall retain all fees and revenue 10 derived from the enforcement of the CITY Ordinances pertaining to the animal control services provided 11 by COUNTY. 12 2. COUNTY agrees to keep record of and to credit to CITY all license revenue collected from 13 residents of CITY, and all fee revenue generated from animals received from CITY residents or 14 impounded within the corporate limits of CITY. Said revenue credit shall be used to determine the Net 15 Cost of Animal Care Services described in subparagraph III.E, below. 16 E. ADJUSTMENTS TO PROVISIONAL PAYMENT 17 1. CITY'S Combined Actual Costs of Animal Care Services, as described above, shall be 18 reduced by the total amount of license and other fee revenue generated from CITY, as described in 19 subparagraph III.D. above, to determine the Net Cost of Service provided under this Agreement. 20 2. If the Net Cost of Service is less than the Provisional Payment amount indicated in 21 subparagraph III.B.1. above, then COUNTY shall credit the difference to CITY in a subsequent 22 agreement with COUNTY for Animal Care Services. COUNTY agrees to refund the difference if CITY 23 does not enter into a subsequent agreement with COUNTY for Animal Care Services. 24 3. If the Net Cost of Service is greater than the Provisional Payment amount indicated in 25 subparagraph III.B.1. above, then COUNTY shall debit the difference from CITY in a subsequent 26 agreement with COUNTY for Animal Care Services. If CITY does not enter into a subsequent 27 agreement, COUNTY shall invoice CITY for the difference. If payment is not received by COUNTY 28 within sixty (60) days after the invoice is submitted, COUNTY may satisfy the indebtedness in any 29 manner prescribed by law. 30 4. COUNTY agrees to complete the calculation of the Net Cost of Animal Care Services, and 31 to credit or refund any overpayment by CITY, or invoice CITY for the additional amount owed by 32 CITY, on or before December 31, 2005. 33 34 IV. RECORDS 35 All records created or received by COUNTY in connection with the performance of COUNTY 36 services pursuant to this Agreement are confidential. COUNTY agrees to keep such books and records 37 in such form and manner as the Auditor -Controller of COUNTY shall specify. Said books and records 3 of 6 EXHIBIT A XACONTRACT 2004+Animal Care Srvs Master-04-05-11H.Doc ACS1KKO5 1 shall be open for examination by CITY at all reasonable times. Once each year, COUNTY shall deliver 2 to CITY only the addresses of each licensed pet upon demand without additional expense or cost to 3 CITY. Any such information requested which is confidential pursuant to the terms of the Public 4 Records Act shall be released to CITY pursuant to Government Code section 6254.5(e). Prior to each 5 disclosure, CITY agrees to complete and return to COUNTY a "Confidentiality Agreement" similar to 6 that set forth in Exhibit B to this Agreement. The parties agree and understand that this procedure is 7 required by the Public Records Act and necessitated to permit CITY to obtain the information required 8 for its use, and to allow COUNTY to disclose said information without the risk of waiver of the right to 9 refuse to disclose such confidential information to others. Upon receipt by COUNTY, the records 10 requested may be released to the extent COUNTY is in possession of such records, and permitted by 11 state law to disclose them voluntarily. 12 13 V. REPORTS 14 COUNTY agrees to provide CITY with written progress reports during the term of this Agreement 15 as follows: 16 A. SERVICE REPORTS — COUNTY shall provide CITY with annual service reports covering 17 activities and services performed in the execution of this Agreement no later than October 1, 2005. 18 B. FISCAL REPORTS — COUNTY shall provide CITY with mid -year and annual fiscal reports 19 covering all income and expenses incurred in the execution of this Agreement no later than 20 December 31, 2005. 21 22 VI. SERVICES TO BE PROVIDED BY COUNTY 23 A. COUNTY agrees, under the direction of COUNTY'S Health Care Agency Director or designee, 24 to provide Animal Care Services within the corporate limits of CITY. Services provided by COUNTY 25 shall include the enforcement of State statutes deemed applicable to CITY by COUNTY. COUNTY 26 shall not be obligated to enforce any ordinances adopted by CITY except those adopted in compliance 27 with paragraph I of Exhibit A to this Agreement. The level of Animal Care Services to be provided 28 under this Agreement shall be established as those customarily provided to residents of unincorporated 29 areas of the COUNTY. Services shall be provided in the following three categories: 30 1. ANIMAL CARE FIELD SERVICES 31 a. Animal Care Field Services shall be provided seven days a week, 24 hours per day, 365 32 days a year, with the level of service reduced between the hours of 11:00 p.m. and 7:00 a.m. Telephone 33 service request lines shall be answered between 8:00 a.m. and 5:00 p.m. every day, except holidays; 34 lines shall be monitored and responded to on a priority basis on holidays and after 5:00 p.m. Activities 35 include, but are not limited to: patrol of assigned regional areas; impounding of stray dogs or confined 36 stray cats and of owner- released animals; pick up of injured wildlife; cruelty investigations; return of 37 unclaimed animals (following required retention period) to one designated location on behalf of CITY; 4 of 6 EXHIBIT A XACONTRACT 2004+\Animal Care Sm Master-04-05-HH.Doc ACSIKKO5 I field release to owner and impound fee collection for licensed dogs impounded; bite investigations; 2 quarantine activities including home checks of animals involved in bites; inspections of facilities which 3 are required to comply with the vicious dog ordinance; transportation of all injured impounded animals 4 to emergency veterinarians; issuance of citations; impounding of dead animals for disposal; response to 5 service request calls from law enforcement and city officials to assist in areas regarding suspected 6 criminal activities or zoning violations; citizen contacts to give information or advice regarding wildlife 7 or other animal concerns, not to include wildlife eradication or relocation services. 8 b. In house field services activities shall include: assistance to citizens regarding barking 9 dogs and other nuisance complaints; advice regarding wildlife management and other issues which may 10 not require contact in the field by an officer; visits to schools and community groups to provide 11 education regarding wildlife management, responsible pet ownership and other animal control issues. 12 2. ANIMAL CARE SPECIAL SERVICES (Pet and Facility Licensing) 13 a. In keeping with Public Health laws which require the rabies vaccination and licensing 14 of all dogs over four (4) months old, COUNTY shall canvass every residence within the CITY 15 approximately every twenty (20) months to locate and license unlicensed dogs. Licenses shall be sold at 16 the residence; enforcement officers will follow-up on problems when necessary. Nothing in this 17 Agreement prohibits other methods for the sale of dog licenses by CITY or COUNTY. 18 b. All animal -related businesses in the jurisdiction shall be inspected twice each year and 19 in response to any complaints received to assure that facilities meet required standards. Appropriate 20 notification shall be given to CITY. In those cities which allow animal permits for private homes, 21 permits shall be issued with the approval of CITY following neighborhood investigation and inspection 22 of the home to assure that the residence has adequate facilities to maintain the requested number of 23 animals. Pet license renewals shall be processed through an automated renewal system. COUNTY will 24 process renewals and answer telephone and in-person questions regarding licensing requirements. 25 c. Low cost vaccination clinics, coordinated by Animal Care staff, will be held throughout 26 the year in various locations in the County in cooperation with the Veterinary Association. 27 3. ANIMAL CARE SHELTER SERVICES 28 a. Shelter shall receive animals from the public 365 days a year from 7:00 a.m. until 29 11:00 p.m. Stray animals shall be accepted without charge. Owners who release their animals will be 30 charged a fee. The Shelter shall be open to the public to locate lost pets or for pet adoption during hours 31 designated by COUNTY. A low cost vaccination clinic will be held the first Tuesday of each month, or 32 at such other time as designated by COUNTY, at the Shelter. 33 b. The Shelter shall retain dogs, cats and all other impounded animals in accordance with 34 state law. Animals will be kept on public display to allow owner identification. When animals are 35 wearing identification, owners will be contacted by telephone and by mail. If animals are not redeemed 36 by their owners and adoption holds have not been placed, some may be made available for adoption for 37 H 5 of 6 EXHIBIT A XACONTRACT 2004+\Animal Care Srvs Master-04-05-HH.Do ACS1KKO5 1 an additional time period on a space available basis. Those which are neither redeemed nor adopted will 2 be euthanized and carcasses disposed of. 3 c. If CITY wishes to request additional retention days for healthy, non-aggressive animals 4 impounded within CITY such services may be requested in writing with sixty (60) days advance notice. 5 Such service will be provided to CITY upon written approval of COUNTY'S Health Care Agency 6 Director or designee. If agreed to, additional animal retention days will be offered on a space available 7 basis only. CITY shall pay charges for additional retention days as defined in the Payments paragraph of g Exhibit A to this Agreement. 9 d. Veterinary services shall be available seven (7) days a week. Veterinary staff shall 10 perform required euthanasia by lethal injection. Necropsies shall be performed on animals which die 11 under suspicious circumstances and at the request of law enforcement. 12 B. COUNTY shall furnish and supply all necessary labor, supervision, equipment, and supplies to 13 provide the services described in this Agreement. In all instances wherein special supplies, stationery, 14 notices, forms and the like are issued in the name of CITY, the same shall be supplied by CITY at its 15 own expense. 16 C. The method by which services are provided, the standard of performance, any other matters 17 incidental to the performance of such services, and the control of personnel so employed, shall be 18 determined by COUNTY. In the event of a dispute between the parties as to the extent of the duties and 19 functions to be provided hereunder, or the level and manner of performance of such services, the parties 20 shall meet in good faith to resolve their differences. In the event of an impasse, the decision of 21 COUNTY'S Health Care Agency Director or designee shall be final. 22 D. To facilitate the performance of services hereunder, COUNTY shall have full cooperation and 23 assistance from CITY, its officers, agents and employees. 24 E. If agreeable to both parties, additional services may be rendered by COUNTY and paid for by 25 CITY, 26 F. COUNTY agrees to maintain its animal shelter in a humane manner and keep said premises in a 27 clean condition at all times, and that all services furnished by it hereunder shall be in accordance with 28 the laws of the State of California, and that it will give required notices and use humane methods of care 29 and destruction of any animal coming under its jurisdiction. 30 G. ANIMALS RETAINED FOR CRIMINAL PROSECUTION - Animals which are being retained 31 in criminal prosecutions, except for violations of Animal Control regulations and/or ordinances pursuant 32 to the Agreement, are not to be construed as held pursuant to the services provided under this 33 Agreement; housing will be done at the discretion of COUNTY and at COUNTY'S usual and customary 34 charges for such housing. 35 // 36 // 37 6 of 6 EXHIBIT A XACONTRACT 2004+\Animal Care Sr s Master-04-05-11H.Doe ACS1KKO5 1 2 3 4 5 6 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 33 34 35 36 37 EXHIBIT B TO AGREEMENT WITH CITY OF SAN JUAN CAPISTRANO ANIMAL CARE SERVICES FISCAL YEAR 2004 - 2005 CONFIDENTIALITY AGREEMENT I, the undersigned, am the person in charge of On behalf of the CITY OF SAN JUAN CAPISTRANO, I hereby agree that any documents provided to the CITY OF SAN JUAN CAPISTRANO by the Orange County Health Care Agency, Animal Care Services, pertaining to the addresses of each licensed pet will be kept confidential and will be used only for purposes that are consistent with existing law. I authorized the following persons to obtain the information requested: Name I Dated: (signature) (title) XACONTRACT 2004+Wnimal Cate Sm Muter04-05-HH.Doc IofI Title EXHIBIT B ACSIKKO5