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1973-0702_ORANGE, COUNTY OF_Agreement 1 A G R E E M E N T 2 3 THIS AGREEMENT, made by and between the COUNTY OF ORANGE, a body 4 politic and corporate, and the CITY OF SAN JUAN CAPISTRANO a municipal cor 5 poration, G WITNESSETH: 7 8 IT IS MUTUALLY AGREED by and between the parties hereto that the 9 Agreement entered into between the parties hereto oci July 7, 1964, f 10 animal control services , and subsequently extended, is hereby extended 11 for a term commencing July 2, 1973, and -terminating July 1, 1978, upon 12 the same terms and conditions . r � 13 14 DATED: 197.0. CITY. OF SAN JUAN CAPISTRANO a municipal corporation � ; 15 ATTEST: 0Vk_� 4 , , W 1G , _ �� By 41L 4 � 6-w17 t Clerk "or, 18 19 DATED: 1973. COUNTY OF ORANGE , a body politic and corporate 20 ATTEST: 21 W. E. ST JOHN County Clerk and er.-officio Clerk By goo `- 22 of the Board of Supervisors of C airman o_ its Board ofSupervi Orange County, . California 23 24 By APPROVED AS TO FOPM: D puty Clerk 25 I 'ADRIAN KUY PER, —COUNT`_ COUNSEL 26I By 27 actor '1`..8eTlerue , v0puty, 28 29 30 31 CONMTE ANIMAL CONTROL SERVICES AGREEMENT 1 THIS AGPXD=T, made and entered into this .1L? day of 2 �r 19� by and between the CWM OP ORANGE, hereinafter some- 3 times referred to as "County," and the CITY OP SAN JUAN , hereinafter CAPISTRANO 4 sometimes referred to as "City." 5 W I T N E S S E T N: 6 THAT WHEREAS, the City is desirous of contracting with the County 7 for the performance of the hereinafter described services within its bound- 8 &ries by the County of Orange through the Poundmaster thereof; and 9 WHEREAS, the County of Orange is agreeable to rendering such aer- 10 vices on the terms and conditions hereinafter set forth; and 11 WHEREAS, such contracts are authorized and provided for by the pro= 12 visions of Article 19 Chapter 1, Part 2, Division 1, Title 5 of the Oovernment 13 Code; 14 NOW, TSEAEP'ORE, IT IS AGREED as follows: z� 15 1. The County agrees, through the Poundmaster of the County of cuo 18 Orange, to provide animal and rabies control services within the corporate `o 17 limits of City to the extent and in the manner hereinafter set forth. 18 Such services shall onj$ encompass duties and functions of the type 19 coming within the Jurisdiction of and customarily rendered by the Animal 20 Shelter of the County of Orange under the laws of said County and the statutes 21 of the state. 22 The level of service shall be that same basic level of service that 23 is and shall be hereafter during the term of this agreement provided for un- 24 incorporated areas of the County of Orange by said Poundmaster. 25 The rendition of such services, the standard of performance and c, 28 other matters incidental to the performance of such services, and the control 27 of personnel so employed, shall remain in the County. In event of dispute 28 between the parties u to the extent of the duties and functions to be ran. 29 dered hereunder, or the level and manner ofperformance of such service, the 30 determination thereof made by the Poundmaster of the County shall be final 31 and conclusive as between the parties hereto. 32 Such service shall include enforcement of State Statutes and such municipal animal control ordinance as the City may adopt, as hereinafter pro AGREEMEN T -'page 2 vided for. 11 2. To facilitate the performance of said functions, it is hereby agreed that the County shall have full cooperation and. assistance from the City, its officer 2i .: agents and employees. 41 3. For the purpose of performing said functions, County shall furnish and 5 :supply all necessary labor, supervision, equipment and.supplies necessary to'maintain the level of service to be rendered hereunder. j Notwithstanding anything hereinbefore contained, it is agreed that, in all, 7 , 8 instances wherein special supplies,, station ery; 'notices, forms and the like must be 9 issued in the.name of said City, 'the same. shall,be supplied by said City at' its own 10 cost.and expense.' 11 4. `All persons employed in the performance of such services and functions 12 for said City shall be County employees: and, no City employee es such shall betaken 131 over by said County, and,no person employed hereunder shall have any'City pension. - 14 ension,14 ''civil service, or, any' status or right. ?. Z 15 For the purpose of performing such. services and functions, and for the pur= ,gU le • pose of giving official status 'to the performance thereof where necessary, every `Fo `oi 17 County officer and employee engaged in' the;performance of any service hereunder shall � . 18 be deemed to be an officer or. employee of said`.City while, performing services for 19 said City, which services are..vithin the scope of this agreement and are, purely mun r 20 icipal functions. 21 5. : City shall not be called'upon.to.assume`any liability for.the direct' 22 payment of any salaries, wages,• or. other compensation.to. •a4 County personnel per 23 forming services hereunder•.for said County, or;any liability other than that provided 24 for in this agreement. 25 ,'. Except, as herein otherwise.specified, the City shall not'be liable for Gom- 26 pensation or indemnity to.any County employee- for injury or, sickness. arising out of: . 27 his employment.., _. 28 6. ' County, its officers and employees, shall not be deemed to. assume any. i. 29 liability for intentional or.negligent acts. of said City or of any officer or em 30 ployee ;thereof. 31 7. Unless sooner terminated as provided for. herein, •this agreement shall 32 be, effective immediately and shall run for :& period of five ' (5) years thereafter. the option of the City Council"of saiibity,'rith the consent:of the Board of Supe- J A 0 R E E M E N T -.page 3 „ iI visors of said County,, this agreement shall be renewable for successive per- ioda of not exceeding five (5) years each. l� , 2i In event City desires to renew this agreement for any succeeding , ° five-year period, the.City Council, 'not later than December 31 next pre • 3 • ceding the expiration date of this agreement, shall notify the Board of 4 5 . Supervisors of County that is wishes to renew thesame, whereupon said Board • . of Supervisors, not later than the fit day of January, shall notify said g first ; . 7 City Council in writing ,of its willingness to accept suchrenewal for an g "additional five-year period or such other term as it deems advisable; other - 8 ally terminate at the 9 wise such eement.shsll Yin end of such five-year 10 period. 11 Notwithstanding the provisions of this paragraph hereinbefore set- , , 12 _.. 'forth, either party may terminate this agreement as. the first day of July of. 13 any year upon notice in writing to the other party of not less than, 2 calendar. 14 months prior.to .the day ,of said termination. 4Z= 15 8.'. Notwithstanding anything to the contrary herein contained, this ,» °� 16 contract shall be sooner terminated at any time that City fails to enact and `o 17 to maintain in full force and effect, including the amount of fees provided, u18 an ordinance by reference identical with the-provisions of Division I., Title 4, 19 Article I through'11 relating to Animal Control, Welfare, License and Health 20 Requkrements of•the. Codified Ordinances of the County of Orange. This con- 21 T' tract shall also be sooner, terminated if,City does'not enact the::same emend 22 menu"to their ordinance as those 'sdopted� by the Board of Supervisors within 23 120 days. after'request to, do so by County. '. The County Poundmaster,' acting on . ,24 behalf of the County, may use discretion and need not request City _of adopt < , 25 amendments which do not apply to the City. : 9. For and in consideration of the rendition of the .foregoing' ser- 27 vices by the County, City agrees that County may keep and retain any and all 28 licenses and fees provided for by said Municipal Animal Control Ordinance::and 29 collected by the County pursuant hereto. It is agreed that in connection • 30 therewith the County shall have all powers of the City and shall receive all 31 cooperationpossible therefrom to enable efficient enforcement of such mun- . 32 icipal ordinance and to effectuate.collections called for thereunder. .. . 10. The County.shall.,retain-all fees and revenue derived from the' enforcement 'of the City,Ordinance • pertaining to animal and rabies control by AGREEMENT •-.page 4 the County. 1 11. The County agrees to maintain its kennels and animal shelter in a 2 human 'manner and keep said premises in a sanitary condition at all times, and that 3 all services furnished by it hereunder shall be in accordance with the laws of the a 4 State of California; and that it will give the prescribed notices and use humane g methods of care and destruction of any anima] coming under its jurisdiction. . 6 12. ` The County agrees to keep such books and records and in such form and. 7 manner as the County Auditor-Controller of the County of Orange shall specify. , g Said books shall be open for examination by said City at all reasonable times. 9 IN WIMSS WHEREOF, the City of San Juan`Capistran6 , :by resolution duly 10 .; adopted by its City Council, caused this agreement to .be signed .by •its Mayor and . 11 attested by its Clerk, and the County of Orange by order of its Board of Supervisors, 12 has caused these 'presents to be subscribed by the Chairman of said Board and the seal 13 of said Board to'be• affixed thereto.and.attested by the Clerk of said Board, all on 14 the day ,and'year. first above written. �Zz 16 CITY OF SAN JUAN" GAPISRRANO �� ° � 0 ozz 16 BY 30 17 ATTES 18 C� 19 City Clerk COUNTY OF ORANGE 20 BY l: 21 Chairman, Board of Supervi&OY4 22 ATTESTS r PM1YM ,q3'. TO VORM'.' 23Cnilnhj..�t+uru.,F' 24 W. E. ST JUni9. 'QRAtJG ;• O�NI'Y CA 1rCRINRr, _ lerk and ex-officio clerk 25 of the Board of pervisors of the. County of Orange, California -26 27 I {� pUTY 28 i 29 30 32 � 0) RECEIVES 9 MINUTES OF THE BOARD OF SUPERVISORS JUN 10 1973 •� CITY OF 12 OF ORANGE COUNTY, CALIFORNIA SAN JUAN C,"'ISiNANO, \ CGtIrOxN1A May 22, 1973 IN RE: EXTEND ANIMAL CONTROL SERVICES AGREEMENT CITY OF SAN CLEMENTE On motion of Supervisor Diedrich, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the agreement dated May 22, 1973, between the County of Orange and the City of San Clemente, extending the Animal Control Services Agreement of January 3, 1967, for a term commencing January 1, 1972 and terminating December 31, 1976. IN RE: EXTEND ANIMAL CONTROL SERVICES AGREEMENT CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Diedrich, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the agreement dated May 22, 1973, between the County of Orange and the City of San Juan Capistrano, extending the Animal Control Services Agreement of July 7, 1964, for a term commencing July 2, 1973 and terminating July 1, 1978. IN RE: EXTEND ANIMAL CONTROL SERVICES AGREEMENT CITY OF YORBA LINDA On motion of Supervisor Diedrich, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the agreement dated May 22, 1973, between the County of Orange and the City of Yorba Linda, extending the Animal Control Services Agreement of July 2, 1968, for a term commencing July 2, 1973 and terminating July 1, 1978. IN RE: AGREEMENT ANIMAL SHELTER SERVICES CITY OF COSTA MESA On motion of Supervisor Diedrich, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the agreement dated May 22, 1973, between the County of Orange and the City of Costa Mesa, providing for Animal Shelter Services for the period December 27, 1972 through June 30, 1973• F 1013-2.2