06-0701_ORANGE, COUNTY OF_Agreement (2)17J
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1 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 2006 - 2007
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9 THIS AGREEMENT entered into this lst day of July 2006, 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
I 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).
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15 WITNESSETH:
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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:
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CONTENTh
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PARAGRAPH
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Title Page .................................................................................................................................
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Contents ...................................................................................................................................
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Referenced Contract Provisions ..............................................................................................
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1.
Alteration of Terms .................................................................................................................
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11.
Indemnification ........................................................................................................................
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Notices .....................................................................................................................................
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IV.
Severability ..............................................................................................................................
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V.
Status of the Parties .................................................................................................................
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VI.
Term .........................................................................................................................................
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VII.
Termination .............................................................................................................................
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VM.
Third Party Beneficiary ...........................................................................................................
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IX.
Waiver of Default or Breach ...................................................................................................
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Signature Page .........................................................................................................................
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EXHIBIT A
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1.
Conformity of Laws or Regulations .........................................................................................
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Financial/Operational Advisory Board ....................................................................................
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Payments ...................................................................................................................................
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IV.
Records .....................................................................................................................................
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V.
Reports ......................................................................................................................................
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VI.
Services to be Provided by County ..........................................................................................
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EXHEBIT B
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Type of Animal Care Service ..........................................................................................
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REFERENCED CONTRACT PROVISIONS
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Term:
July 1, 2006 through June 30, 2007
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Notices to COUNTY and CITY:
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COUNTY: County of Orange
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Health Care Agency
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Deputy Agency Director for Regulatory Health Services
405 West 5th Street, 7th Floor
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Santa Ana, CA 92701-4637
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and
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County of Orange
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Health Care Agency
Contract Development and Management
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405 West 5th Street, Suite 600
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Santa Ana, CA 92701-4637
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CITY:
David Adams
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City Manager
City of San Juan Capistrano
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32400 Paseo Adelanto
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San Juan Capistrano, CA 92675
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1. ALTERATION OF TERMS
This Agreement, together with Exhibits A and B attached hereto and incorporated herein by
reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of
this Agreement, and shall constitute the total Agreement between the parties for these purposes. No
addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless
made in writing and formally approved and executed by both parties.
II. INDEMNIFICATION
Each party agrees to indemnify and hold harmless the other party, its officers, agents and employees
from all liability, claims, losses and demands, including defense costs, whether resulting from court
action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or
employees, or arising out of the condition of property used in the performance of this Agreement. Each
party agrees to provide the indemnifying party with written notification of any claim within thirty (30)
calendar days of notice thereof, to allow the indemnifying party control over the defense and settlement
of the claim, and to cooperate with the indemnifying party in its defense.
111. NOTICES
A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements
authorized or required by this Agreement shall be effective:
1. When written and deposited in the United States mail, first class postage prepaid and
addressed as specified on Page 3 of this Agreement or otherwise directed by ADMINISTRATOR;
2. When FAXed, transmission confirmed;
3. When sent by electronic mail; or
4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel
Service, or other expedited delivery service.
B. Termination Notices shall be addressed as specified on Page 3 of this Agreement or as
otherwise directed by ADMINISTRATOR and shall be effective when FAXed, transmission confirmed,
or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other
expedited delivery service.
C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming
aware of any occurrence of a serious nature, which may expose either party to liability. Such
occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or
damage to any County property in possession of CITY.
D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by
ADMINISTRATOR.
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I IV. SEVERABILITY
2 If a court of competent jurisdiction declares any provision of this Agreement or application thereof
3 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any
4 Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or
5 the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain
6 in full force and effect, and to that extent the provisions of this Agreement are severable.
7
8 V. STATUS OF THE PARTIES
9 Each party is, and shall at all times be deemed to be, an independent contractor and shall be wholly
10 responsible for the manner in which it performs the services required of it by the terms of this
I I Agreement. Each party is entirely responsible for compensating staff and consultants employed by that
12 party. This Agreement shall not be construed as creating the relationship of employer and employee, or
13 principal and agent, between COUNTY and CITY or any of either party's employees, agents,
14 consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its
15 employees, agents, consultants, or subcontractors as they relate to the services to be provided during the
16 course and scope of their employment. Each party, its agents, employees, or subcontractors, shall not be
17 entitled to any rights or privileges of the other party's employees and shall not be considered in any
18 manner to be employees of the other party.
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20 VI. TERM
21 A. The term of this Agreement shall commence and terminate as specified on Page 3 of this
22 Agreement, unless otherwise sooner terminated as provided in this Agreement; provided, however,
23 COUNTY shall be obligated to perform such duties as would normally extend beyond this term,
24 including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting
25 and accounting.
26 B. The term of this Agreement shall be automatically extended for a 180 -day period through
27 December 31, 2007, if a successor Agreement between the parties is not in force by July 1, 2007, and no
28 notice of non -renewal has been given by either CITY or COUNTY in accordance with the Termination
29 paragraph of this Agreement.
30 C. If either party determines not to renew this Agreement, a minimum of six (6) months' written
31 notice shall be given to the other party.
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33 VIL TERMINATION
34 A. If either party determines not to renew this Agreement, written notice shall be given to the other
35 party no later than December 31, 2006.
36 B. Any obligation of COUNTY under this agreement is contingent upon the following:
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1 1. Inclusion of sufficient funding for the services hereunder in the applicable budgets approved
2 by the Board of Supervisors.
3 2. In the event such funding is subsequently reduced or terminated, COUNTY may terminate
4 this agreement upon thirty (30) calendar days written notice given to CITY.
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6 VIII. THIRD PARTY BENEFICIARY
7 Neither party hereto intends that this Agreement shall create rights hereunder in third parties
8 including, but not limited to, any subcontractors or any clients provided services hereunder.
9
10 IX WAIVER OF DEFAULT OR BREACH
I I Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any
12 breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach.
13 Waiver of any default or any breach shall not be considered a modification of the terms of this
14 Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
State of California.
COUNTY OF ORANGE
BY: C��v' a
JULIETTE A. POULSON, RN, MN
DIRECTOR, HEALTH CARE AGENCY
CITY OF SAN JUAN CAPISTRANO
a municipal corporation
DATED: -5— Idy —0 �M
BY: L — —Al 0'*�
TdAYOR DATE
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
4��J- / - 'Z'00(p
- 0 DAA
APPROVED AS TO FORM:
CITY ATTORNEY
BY: Atz 4 BY:
L., DEPUTY DATE DATE
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I EXH113IT A
2 TO AGREEMENT WITH
3 CITY OF SAN JUAN CAPISTRANO
4 ANIMAL CARE SERVICES
5 FISCAL YEAR 2006 — 2007
6
7 1. CONFORMITY OF LAWS OR REGULATIONS
8 A. If CITY is considering adopting an ordinance and requesting its enforcement by COUNTY,
9 COUNTY'S Health Care Agency Director or designee may provide assistance to CITY in defining the
10 manner in which the proposed ordinance enforcement would be provided by COUNTY. Requests for
I I assistance must be made in writing and received by COUNTY sixty (60) calendar days prior to the
12 requested implementation of the service. The manner and extent to which services are provided by
13 COUNTY in response to CITY'S request shall be determined by COUNTY'S Health Care Agency
14 Director, or designee, and may be provided if the cost of such services can be delineated and
15 accommodated under the provisions of the Payments paragraph of Exhibit A to this Agreement.
16 B. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY.
17 Requests for exclusion must be submitted in writing and received by COUNTY sixty (60) calendar days
18 prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if they are
19 not in conflict with State statutes or do not endanger the public health. COUNTY'S Health Care
2o Agency Director, or designee, acting on behalf of COUNTY, may use discretion and need not request
21 CITY to adopt amendments which do not apply to CITY. COUNTY shall notify CITY, in writing, of
22 COUNTY'S decision regarding the requested exclusion.
23 C. Notwithstanding anything to the contrary herein contained, if CITY is not the City of
24 Anaheim, City of La Habra or the City of Santa Ana, CITY agrees to the following:
25 1. This Agreement shall terminate at any time that CITY fails to enact, and to maintain in full
26 force and effect an ordinance identical in intent to the provisions of Article I through 10 of Division 1 of
27 Title 4, and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of the County of Orange, and
28 other regulations presently adopted by the Orange County Board of Supervisors concerning animal
29 control, including those which relate to fees.
30 2. This Agreement shall also terminate if CITY does not enact the same amendments to its
31 Municipal Code as those adopted by COUNTY'S Board of Supervisors regarding animal control within
32 sixty (60) calendar days after a request to do so by COUNTY'S Health Care Agency Director, or
33 designee,
34 D. If CITY is the City of La Habra or the City of Santa Ana, CITY agrees to the following:
35 1. CITY shall, during the term of this Agreement, follow COUNTY'S ordinance including any
36 amendments, relating to the redemption and disposal of impounded animals. In addition, CITY shall
37 adopt a fee schedule relating to the redemption and disposal of impounded animals which shall be
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1 identical to the COUNTY fee schedule, including any amendments thereto. COUNTY shall notify
2 CITY of any amendments to the COUNTY ordinance and fee schedule, and CITY shall adopt the same
3 within thirty (30) calendar days of such notice.
4 2. CITY shall comply with administrative procedures adopted by COUNTY designed to
5 document the receipt of an animal by COUNTY, including the execution of receipts and animal history
6 records.
7 E. If CITY is the City of Anaheim, COUNTY shall enforce the provisions of, and issue citations
g for violations pursuant to, the codified ordinances of the Anaheim Municipal Code (Title 8) when
9 providing Animal Care Field Services within the legal boundaries of CITY.
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11 11. FINANCL4,L/OPERATIONAL ADVISORY BOARD
12 The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY'S
13 Director of Animal Care Services on financial and operational matters and to assess cost recovery
14 options for future years. The Financial/Operational Advisory Board shall be made up of seven (7)
15 members, six (6) members appointed by the Orange County League of Cities and one (1) member
16 appointed by COUNTY.
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18 111. PAYMENTS
19 A. BASIS FOR PAYMENT - CITY shall pay COUNTY the Net Cost of providing Animal Care
20 Services specified in Exhibit B to this Agreement. If CITY is the City of La Habra, Net Cost shall be
21 calculated to include Actual Cost, Fee Revenue, Net Cost, debits or credits for FY 2004-05, and debits
22 or credits for FY 2005-06 for the City of Buena Park. COUNTY agrees to collect and maintain
23 expenditure and workload data to be used to determine the Net Cost of Animal Care Services provided
24 to CITY by COUNTY during the term of this Agreement.
25 B. ACTUAL COST OF ANIMAL CARE SERVICES
26 1. CITY'S Actual Cost of Animal Care Field Services shall be determined by applying
27 CITY'S percentage of the total Animal Care Field Services provided by COUNTY to COUNTY'S Total
28 Actual Expenditures, including indirect charges, for providing all Animal Care Field Services within
29 County.
30 2. CITY'S Actual Cost of Animal Care Special Services shall be determined by applying
31 CITY'S percentage of the total animal licenses sold by COUNTY to the COUNTY'S Total Actual
32 Expenditures, including indirect charges, for providing all Animal Care Special Services within County.
33 3. CITY'S Actual Cost of Animal Care Shelter Services shall be determined by applying the
34 CITY'S percentage of animal charge days, for animals impounded from within the corporate limits of
35 CITY and animals received from residents of CITY, to COUNTY'S Total Actual Expenditures,
36 including indirect charges, for providing all Animal Care Shelter Services within County. An animal
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I charge day is defined as each day or portion of a day that an animal is housed at COUNTY'S Animal
2 Shelter.
3 4. CITY'S Actual Cost of Animal Care License Processing Services shall be determined by
4 applying CITY'S percentage of Animal Care License Processing Services to COUNTY'S Total Actual
5 Expenditures, including indirect charges, for providing all Animal Care License Processing Services
6 within County.
7 5. CITY'S Actual Cost of Animal Care Impound Processing Services shall be determined by
8 applying CITY'S percentage of Animal Care Impound Processing Services to COUNTY'S Total Actual
9 Expenditures, including indirect charges, for providing all Animal Care Impound Processing Services
10 within County.
11 6. CITY'S Total Actual Cost shall be the sum of CITY'S Actual Cost of Animal Care Field
12 Services, Animal Care Special Services, Animal Care Shelter Services, Animal Care License Processing
13 Services, and Animal Care Impound Processing Services.
14 C. FEE REVENUE
15 1. COUNTY shall have all fee collection powers of CITY and shall receive all cooperation
16 possible from CITY to enable efficient enforcement of fee collection. COUNTY shall retain all fee
17 revenue derived from the enforcement of the ordinances pertaining to Animal Care Services provided by
18 COUNTY. CITY'S Fee Revenue shall be credited to CITY'S Actual Cost of Animal Care Services.
19 2. COUNTY agrees to keep record of and to credit to CITY all fee revenue collected from
2() residents, generated from animals received, and generated from animals impounded from within the
21 corporate limits of CITY.
22 D. NET COST OF AN84AL CARE SERVICES - CITY'S Net Cost of Animal Care Services shall
23 be determined by:
24 1. Reducing CITY'S Total Actual Costs by the total amount of Fee Revenue generated
25 from CITY.
26 2. Applying, in the October 2006 billing, any debit or credit for services to CITY provided
27 by COUNTY pursuant to the Agreement for Provision of Animal Care Services between COUNTY and
28 CITY for Fiscal Year 2004-05.
29 3. Applying, in the January 2007 billing, any debit or credit for services to CITY provided
30 by COUNTY pursuant to the Agreement for Provision of Animal Care Services between COUNTY and
31 CITY for Fiscal Year 2005-06.
32 E. PAYMENT METHOD
33 1. CITY shall pay COUNTY in arrears for the Net Cost of Animal Care Services provided.
34 Billings are due from COUNTY to CITY within (30) calendar days following the three-month Period
35 specified below. CITY shall pay COUNTY for Animal Care Services in accordance with the following
36 schedule:
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I Period Billing Due PaMent Due
2 July I st through September 30th October 30th November 15th
3 October 1 st through December 3 1 st January 30th February 15th
4 January 1 st through March 3 1 st April 30th May 15th
5 April I st through June 30th July 30th August 15th
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7 2. If payment is not received by COUNTY by the Payment Due date specified in subparagraph
8 III.E. above, COUNTY may cease providing any further service under this Agreement and may satisfy
9 the indebtedness in any manner prescribed by law.
10 F. CITY shall not be called upon to assume any liability for the direct payment of any salaries,
11 wages or other compensation to any COUNTY personnel performing services hereunder for COUNTY,
12 or any liability other than provided for in the Agreement. CITY shall not be liable for compensation or
13 indemnity to any COUNTY employee for injury or sickness arising out of his or her employment.
14 G. In the event this Agreement is extended in accordance with the Term paragraph of this
15 Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to
16 one -twelfth (1/12) of the sum of CITY'S Net Cost for the previous July Ist through June 30th period.
17 Said payments shall be due to COUNTY no later than forty-five (45) calendar days after the month in
18 which services were provided.
19 1. If CITY'S Net Costs of services provided during this extension period are less than the
20 provisional payments then COUNTY shall credit the difference to CITY in a FY 2007-08 Agreement
21 between CITY and COUNTY for Animal Care Services. If CITY does not enter into a subsequent
22 Agreement with COUNTY for Animal Care Services, COUNTY shall refund the difference.
23 2. If CITY'S Net Costs of services provided during this extension period are greater than the
24 provisional payments then COUNTY shall debit the difference to CITY in a FY 2007-08 Agreement
25 between CITY and COUNTY for Animal Care Services. If CITY does not enter into a subsequent
26 Agreement with COUNTY for Animal Care Services, COUNTY shall invoice CITY for the difference.
27 If payment is not received by COUNTY within sixty (60) calendar days after the invoice is submitted,
28 COUNTY may satisfy the indebtedness in any manner prescribed by law.
29
30 IV.RECORDS
31 A. All records created or received by COUNTY in accordance with the performance of COUNTY
32 services pursuant to this Agreement are confidential. COUNTY agrees to keep such books and records
33 in such form and manner as the Auditor -Controller of COUNTY shall specify. Said books and records
34 shall be open for examination by CITY at all reasonable times.
35 B. Once each year, COUNTY shall deliver to CITY only the addresses of each CITY licensed pet
36 upon demand without additional expense or cost to CITY. Any such information requested which is
37 confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to
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I Government Code section 6254.5(e). Prior to each disclosure, CITY agrees to complete and return to
2 COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties
3 agree and understand that this procedure is required by the Public Records Act and necessitated to
4 permit CITY to obtain the information required for its use, and to allow COUNTY to disclose said
5 information without the risk of waiver of the right to refuse to disclose such confidential information to
6 others. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in
7 possession of such records, and permitted by state law to disclose them voluntarily.
8
9 V.REPORTS
10 COUNTY shall provide to CITY written, Quarterly Reports of Animal Care Services income,
11 expenses and service activities for each Period specified below. Said reports will be due to CITY within
12 thirty (30) calendar days of the month following the reporting period, in accordance with the schedule
13 below:
14 Period Reports Du
15 July lst through September 30th October 30th
16 October 1 st through December 3 1 st January 30th
17 January 1 st through March 3 1 st April 30th
18 April lst through June 30th July 30th
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20 VI. SERVICES TO BE PROVIDED BY COUNTY
21 A. COUNTY agrees, under the direction of COUNTY'S Health Care Agency Director, or
22 designee, to provide to CITY Animal Care Services specified in Exhibit B to this Agreement. Services
23 provided by COUNTY shall include the enforcement of State statutes deemed applicable to CITY by
24 COUNTY. Services shall be provided in the following categories:
25 1. ANIMAL CARE FIELD SERVICES
26 a. Animal Care Field Services shall be provided seven days a week, 24 hours per day,
27 365 days a year, with the level of service reduced between the hours of 11:00 p.m. and 7:00 a.m.
2g Telephone service request lines shall be answered between 8:00 a.m. and 5:00 p.m. every day, except
29 holidays; lines shall be monitored and responded to on a priority basis on holidays and after 5:00 p.m.
30 Activities include, but are not limited to: patrol of assigned regional areas; 24-hour Emergency Response
31 service; impounding of stray dogs or confined stray cats and of owner -released animals; pick up of
32 injured wildlife; cruelty investigations; field release to owner and impound fee collection for licensed
33 dogs impounded; bite investigations; quarantine activities including home checks of animals involved in
34 bites; inspections of sites which are required to comply with the vicious dog ordinance; transportation of
35 all injured impounded animals to emergency veterinarians; issuance of citations; impounding of dead
36 animals for disposal; response to service request calls from law enforcement and city officials to assist in
37 areas regarding suspected criminal activities or zoning violations; citizen contacts to provide information
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I or advice regarding wildlife or other animal concerns, not to include wildlife eradication or relocation
2 services.
3 b. In-house field services activities which may not require contact in the field by an officer
4 shall include, but not be limited to: assistance to citizens regarding barking dogs and other nuisance
5 complaints; advice regarding wildlife management and other issues.
6 2. ANWAL CARE SPECIAL SERVICES
7 a. In keeping with Public Health laws which require rabies vaccination and licensing of all
g dogs over four (4) months old, COUNTY shall canvass residences within CITY to locate and license
9 unlicensed dogs. The number of hours of canvassing provided to CITY by COUNTY shall be prorated
10 based on available canvassing hours and Net Costs of cities receiving canvassing services from
I I July 1, 2005 through June 30, 2006. At the sole discretion of COUNTY, the number of hours of
12 canvassing may be adjusted to include cities that did not receive canvassing services from July 1, 2005
13 through June 30, 2006; provided, however, COUNTY notifies CITY, in writing sixty (60) calendar days
14 prior to said adjustment to canvassing hours. Licenses shall be sold at the residence; enforcement
15 officers will follow-up on problems when necessary. Nothing in this Agreement prohibits other methods
16 for the sale of dog licenses by CITY or COUNTY.
17 b. All animal -related businesses in the jurisdiction shall be inspected in accordance with
18 COUNTY established inspection schedules, and in response to any complaints received to assure that
19 facilities meet required standards. Appropriate notification shall be given to CITY. In those cities
20 which allow animal permits for private homes, permits shall be issued with the approval of CITY
21 following neighborhood investigation and inspection of the home to assure that the residence has
22 adequate facilities to maintain the requested number of animals. Pet license renewals shall be processed
23 through an automated renewal system. COUNTY will process renewals and answer telephone and in -
24 person questions regarding licensing requirements.
25 3. ANRvLkL CARE SHELTER SERVICES
26 a. Shelter shall receive animals from the public 365 days a year from 7:00 a.m. until
27 11:00 p.m. Stray animals shall be accepted without charge. Owners who release their animals will be
28 charged a fee. The Shelter shall be open to the public to locate lost pets or for pet adoption during hours
29 designated by COUNTY. A low cost vaccination clinic will be held at the Shelter the first Tuesday of
30 each month, or at such other times and locations designated by COUNTY.
31 b. If CITY is City of La Habra or the City of Santa Ana, the Shelter shall receive animals
32 from CITY animal control officers, at times arranged by COUNTY. COUNTY shall coordinate this
33 service and notify CITY of procedures and times for receipt of these animals.
34 c. The Shelter shall retain dogs, cats and all other impounded animals in accordance with
35 state law. Animals will be kepton public display to allow owner identification. When animals are
36 wearing identification, owners will be contacted by telephone and by mail. If animals are not redeemed
37 by their owners and adoption holds have not been placed, some may be made available for adoption for
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1 an additional time period on a space available basis. Those which are neither redeemed nor adopted may
2 be euthanized and carcasses disposed of
3 d. 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) calendar days
5 advance notice. Such service will be provided to CITY upon written approval of COUNTY'S Health
6 Care Agency Director, or designee. If agreed to, additional animal retention days will be offered on a
7 space available basis only. CITY shall pay charges for additional retention days in accordance with the
8 Payments paragraph of Exhibit A to this Agreement.
9 e. Veterinary services shall be available seven (7) days a week. Services provided shall be
10 consistent with standards established by the California Veterinary Medical Board, and shall include
11 emergency, routine, and preventive veterinary care as required. Veterinary staff shall perform required
12 euthanasia by lethal injection. Necropsies, shall be performed on animals that die under suspicious
13 circumstances or at the request of law enforcement.
14 f. No animals may be donated, sold or otherwise released for the purposes of
15 experimentation, research or vivisection.
16 g. For the purposes of determining whether CITY shall be assessed boarding fees,
17 COUNTY shall request verification of residence for any person residing in CITY who delivers any
18 animal to COUNTY'S Animal Shelter. COUNTY shall also verify where a person resides within the
19 corporate boundaries of CITY.
20 4. ANIMAL CARE LICENSE PROCESSING SERVICES - COUNTY shall sell or release
21 impounded dogs to CITY residents only upon proof of rabies vaccination, the payment of CITY dog
22 license fees, and issuance of a dog license voucher. The COUNTY shall maintain a record of all dog
23 license fees collected and shall forward copies of dog license receipts to CITY within seven (7) business
24 days for CITY processing. CITY agrees to pay a license processing fee of $5.50 for each dog license
25 voucher issued by COUNTY. Said revenue and charges shall be reflected under Animal Care Shelter
26 Services and credited to CITY in accordance with the Payments Paragraph of Exhibit A to this
27 Agreement. CITY shall make its best effort to provide, monthly, updated dog licensing information to
28 COUNTY.
29 5. ANIMAL CARE IMPOUND PROCESSING SERVICES - CITY agrees to pay an impound
30 processing fee of $4.00 for animal photography and impound data entry into the animal management
31 database, for each animal impounded by CITY Animal Control. Said revenue and charges shall be
32 reflected under Animal Care Shelter Services and credited to CITY in accordance with the Payments
33 Paragraph of Exhibit A to this Agreement.
34 B. Animal Care Field Services, Animal Care Special Services, and Animal Care Shelter Services
35 provided by COUNTY under this Agreement shall be established as those customarily provided to
36 residents of unincorporated areas of COUNTY.
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I C. If CITY is the City of Santa Ana, COUNTY shall provide notification to CITY residents upon
2 resident's adoption of a dog. The notification shall state that CITY resident is required to obtain a dog
3 license from CITY within fourteen (14) calendar days of adoption. CITY shall make its best efforts to
4 provide, monthly, updated dog licensing information to COUNTY.
5 D. COUNTY shall furnish and supply all necessary labor, supervision, equipment, and supplies to
6 provide the services described in this Agreement. In all instances wherein special supplies, stationery,
7 notices, forms and the like are issued in the name of CITY, the same shall be supplied by CITY at its
8 own expense.
9 E. The method by which services are provided, the standard of performance, any other matters
10 incidental to the performance of such services, and the control of personnel so employed, shall be
11 determined by COUNTY. In the event of a dispute between the parties as to the extent of the duties and
12 functions to be provided hereunder, or the level and manner of performance of such services, the parties
13 shall meet in good faith to resolve their differences. In the event of an impasse, the decision of
14 COUNTY'S Health Care Agency Director, or designee, shall be final.
15 F. To facilitate the performance of services hereunder, COUNTY shall have full cooperation and
16 assistance from CITY, its officers, agents and employees.
17 G. COUNTY agrees to maintain its animal shelter in a humane manner and keep said premises in a
18 clean condition at all times, and that all services fin-nished by it hereunder shall be in accordance with
19 the laws of the State of California, and that it will give required notices and use humane methods of care
20 and destruction of any animal coming under its jurisdiction.
21 H. COUNTY shall provide community outreach programs, and shall coordinate such programs
22 with CITY through a designated City Liaison provided by COUNTY. Outreach efforts shall include, but
23 not be limited to, mobile licensing and adoption events, and visits to schools and community groups to
24 provide education regarding wildlife management, responsible pet ownership and other animal related
25 issues topics.
26 1. ANBAALS RETAINED FOR CRIN41NAL PROSECUTION - Animals which are being retained
27 in criminal prosecutions, except for violations of Animal Control regulations and/or ordinances pursuant
28 to this Agreement, are not to be construed as held pursuant to the services provided under this
29 Agreement; housing will be provided at the discretion of COUNTY and at COUNTY'S usual and
30 customary charges for such housing.
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EYMIBIT B
TO AGREEMENT WITH
CITY OF SAN JUAN CAPISTRANO
ANIMAL CARE SERVICES
FISCAL YEAR 2006 - 2007
TYPE OF ANIMAL CARE SERVICE
COUNTY agrees to provide the following Animal Care Services pursuant to the terms and conditions
specified in this Agreement for Provision of Animal Care Services between COUNTY and CITY.
Animal Care Field Services
Animal Care Special Services
Animal Care Shelter Services
Animal Care License Processing Services
Animal Care Impound Processing Services
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EXHIBIT B
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