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1995-0701_ORANGE, COUNTY OF_Agreement (3)1 2 3 4 J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES THIS AGREEMENT, entered into this 1 st day of July 1995, which date is enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State, hereinafter referred to as "COUNTY," and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, CITY is desirous of contracting with COUNTY for the performance of the animal control and animal shelter services through COUNTY's Health Officer, as described herein; and WHEREAS, COUNTY is willing and able to render such services on terms and conditions hereinafter set forth; NOW THEREFORE, IT IS MUTUALLY AGREED as follows: 1. TERM A. This Agreement shall begin on July 1, 1995, and end June 30, 1996. B. The term of this Agreement shall be automatically extended for a 180 day period through December 31, 1996, if a successor Agreement between the parties is not in force by July 1, 1996, and no notice of non -renewal has been given by either CITY or COUNTY in accordance with Paragraph 2 of this Agreement. N 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, 1995. 4 3. SERVICES 5 A. COUNTY agrees, under the direction of the Health Officer of 6 COUNTY, to provide animal control services within the corporate limits of CITY. 7 Services provided by COUNTY shall include the enforcement of State statutes deemed applicable to CITY by COUNTY. COUNTY will not be obligated to enforce 8 any ordinances adopted by CITY except those adopted in compliance with 9 Paragraph 5 of this Agreement. The level of animal control and shelter services to 10 be provided under this Agreement shall be established as those customarily provided 11 to residents of unincorporated areas of the COUNTY. Services shall be provided in 12 the following three categories. (1) FIELD SERVICES: Field Services shall be provided seven days a 13 week, 24 hours per day, 365 days a year, with the level of service reduced 14 between the hours of 11:00 p.m. and 7:00 a.m. Telephone service request 15 lines answered between 8:00 a.m. and 5:00 p.m. everyday, except holidays; 16 lines monitored and responded to on a priority basis on holidays and after 17 5:00 p.m. Activities include, but are not limited to: patrol of assigned regional areas; impounding of stray dogs or confined stray cats and of 18 owner- released animals; pick up of injured wildlife; cruelty investigations; 19 return of unclaimed animals (following required retention period) to one 20 designated location on behalf of CITY; field release to owner and impound 21 fee collection for licensed dogs impounded; bite investigations; quarantine 22 activities including home checks of animals involved in bites; inspections of facilities which are required to comply with the vicious dog ordinance; 23 transportation of all injured impounded animals to emergency veterinarians; 2: issuance of citations, impounding of dead animals for disposal; response to 25 service request calls from law enforcement and city officials to assist in 26 areas regarding suspected criminal activities or zoning violations; citizen 27 28 2 7 8 9 10 11 12 13 lA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L 0 contacts to give information or advice regarding wildlife or other animal concerns, not to include wildlife eradication services. In house field services activities shall include: assistance to citizens regarding barking dogs and other nuisance complaints; advice regarding wildlife management and other issues which may not require contact in the field by an officer; visits to schools and community groups to provide education regarding wildlife management, responsible pet ownership and other animal control issues. (2) SPECIAL SERVICES: (Pet and Facility Licensing) In keeping with Public Health laws which require the rabies vaccination and licensing of all dogs over four months old, COUNTY shall canvass every residence within the CITY approximately every 20 months to locate and license unlicensed dogs. Licenses shall be sold at the residence; enforcement officers will follow-up on problems when necessary. Nothing in this contract prohibits other methods for the sale of dog licenses by CITY or COUNTY. All animal related businesses in the jurisdiction will be inspected twice each year and in response to any complaints received to assure that facilities meet required standards. Appropriate notification shall be given to CITY. In those cities which allow animal permits for private homes, permits shall be issued with the approval of CITY following neighborhood investigation and inspection of the home to assure that the residence has adequate facilities to maintain the requested number of animals. Pet license renewals shall be processed through an automated renewal system. COUNTY will process renewals and answer telephone and in-person questions regarding licensing requirements. Low cost vaccination clinics, coordinated by Animal Control staff, will be held throughout the year in various locations in the County in cooperation with the Veterinary Association. (3) SHELTER SERVICES: Shelter will receive animals from the public 365 days a year from 7:00 a.m. until 11:00 p.m. Stray animals will be accepted without charge. Owners who release their animals will be charged 3 I a fee. The Shelter will be open to the public to locate lost pets or for pet 2 adoption Monday through Saturday (not including holidays) from 10:00 a.m. 3 to 5:00 p.m., and until 7:00 p.m. on Wednesday. A low cost vaccination clinic will be held the first Tuesday of each month at the Shelter. 41 The Shelter shall retain dogs and cats without owner identification for 5 three days, plus the day of impound and any Sundays or holidays. Those 6 with identification shall be retained seven days, plus the day of impound and 7 any Sundays or holidays. Animals will be kept on public display to allow 8 owner identification. When animals are wearing identification, owners will be contacted by telephone and by mail. If animals are not redeemed by their 9 owners and adoption holds have not been placed, some may be made 10 available for adoption for an additional time period on a space available basis. 11 Those which are neither redeemed nor adopted will be euthanized and 12 carcasses disposed of. la If CITY wishes to request additional retention days for healthy, non- aggressive animals impounded within CITY such services may be requested 14 in writing with 60 days advance notice. Such service will be provided to 15 CITY upon written approval of the Health Officer. If agreed to, additional 16 animal retention days will be offered on a space available basis only. CITY 17 shall pay charges for additional retention days as defined in Paragraph 6, C, 4, and in compliance with Paragraph 6, B. 18 Veterinary services shall be available seven days a week. Veterinary 19 staff shall perform required euthanasia by lethal injection. Necropsies will be 20 performed on animals which die under suspicious circumstances and at the 21 request of law enforcement. 22 B. COUNTY shall furnish and supply all necessary labor, supervision, equipment, and supplies to provide the services described in this 21 Agreement. In all instances wherein special supplies, stationary, notices, forms and 24 the like are issued in the name of CITY, the same shall be supplied by CITY at its 25 own expense. 26 27 28 4 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 C. The method by which services are provided, the standard of performance, any other matters incidental to the performance of such services, and the control of personnel so employed, shall be determined by COUNTY. In the event of a dispute between the parties as to the extent of the duties and functions to be provided hereunder, or the level and manner of performance of such services, the parties shall meet in good faith to resolve their differences. In the event of an impasse, the decision of the Health Officer of COUNTY shall be final. D. To facilitate the performance of services hereunder, COUNTY shall have full cooperation and assistance from CITY, its officers, agents and employees. E. If agreeable to both parties, additional services may be rendered by COUNTY and paid for by CITY. F. COUNTY agrees to maintain its animal shelter in a humane manner and keep said premises in a clean condition at all times, and that all services furnished by it hereunder shall be in accordance with the laws of the State of California, and that it will give required notices and use humane methods of care and destruction of any animal coming under it jurisdiction. 4. STATUS OF CONTRACTOR Although the services herein described are municipal functions, all persons employed by COUNTY to provide said services shall be COUNTY employees; no person employed hereunder shall have the right to any CITY pension or civil service status. When performing services under this Agreement and for the purpose of giving official status to the performance thereof where necessary, but not for the purpose of liability or indemnification, every COUNTY officer or employee shall be deemed to be an officer or agent of CITY. 5. CONFORMITY OF LAWS OR REGULATIONS A. Notwithstanding anything to the contrary herein contained, this Agreement shall terminate at any time that CITY fails to enact, and to maintain in 2811 5 1 full force and effect an ordinance identical in intent to the provisions of Article 1 2 through 10 of Division 1 of Title 4, and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of the County of Orange, and other regulations presently a adopted by the Orange County Board of Supervisors concerning animal control, 4 including those which relate to fees. This Agreement shall also terminate if CITY 5 does not enact the same amendments to its Municipal Code as those adopted by 6 COUNTY's Board of Supervisors regarding animal control within sixty (60) days 7 after a request to do so by COUNTY Health Officer. B. If CITY is considering adopting an ordinance and requesting its 8 enforcement by COUNTY, the Health Officer may provide assistance to CITY in 9 defining the manner in which the proposed ordinance enforcement would be 10 provided by COUNTY. COUNTY will provide such services when a written request 11 is received sixty (60) days prior to the requested implementation of the service upon 12 the written approval of the Health Officer. The manner and extent to which services are provided in response to such a request shall be determined by the 13 Health Officer and will only be provided if the cost of such services can be 14 delineated and accommodated under the provisions of Paragraph 6, C. 15 C. CITY may request that specific ordinances adopted by COUNTY 16 not be enforced in CITY when written request for exclusion is received sixty (60) 17 days prior to the requested exclusion upon the written approval of the Health Officer. Such requests will only be considered provided they are not in conflict with 18 State statutes or do not endanger the public health. The COUNTY Health Officer, 19 acting on behalf of COUNTY, may use discretion and need not request CITY to 26 adopt amendments which do not apply to CITY. 21 6. PAYMENTS 22 A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual 23 costs of providing animal control and animal shelter services. 24 25 26 27 28 6 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 0 0 B. PAYMENT METHOD (1) In consideration for the animal control and animal shelter services provided by COUNTY during the term of this Agreement, CITY shall make a FY 1995-96 Provisional Payment to COUNTY in the amount of $41,804. This payment for 1995-96 services shall be adjusted by a 1994-95 debit of $2,211 and further adjusted by a final 1993-94 credit of $10,050, resulting in a total adjusted provisional payment of $33,965. This payment shall be adjusted as described in Paragraph 6 E, below. (2) The Provisional Payment shall be paid to COUNTY in four installments, each equal to twenty five percent (25%) of the total Provisional Payment. The first installment is due September 30, 1995, the second is due December 30, 1995, the third is due March 30, 1996, and the fourth is due June 30, 1996. (3) If payment is not received by COUNTY within thirty (30) days after the due date, COUNTY may cease providing any further service under this Agreement with CITY and may satisfy the indebtedness in any manner prescribed by law. (4) CITY shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any COUNTY personnel performing services hereunder for said COUNTY, or any liability other than provided for in this Agreement. CITY hall not be liable for any compensation or indemnity to any COUNTY employee for injury or sickness arising out of his or her employment. (5) In the event this Agreement is extended in accordance Paragraph 1 B. above, CITY shall make monthly provisional payments to COUNTY in an amount equal to one twelfth of the amount shown as the adjusted Provisional Payment in Paragraph 6 B (1) above. Such payments shall be due no later than thirty (30) days after the month in which services were provided. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 27 28 0 0 C. DETERMINATION OF ACTUAL COST OF SERVICES - (1) COUNTY agrees to collect and maintain expenditure and workload data to be used to determine the actual cost of the animal control and shelter services provided to CITY during the term of this Agreement. (2) CITY's Actual Cost of Animal Control Field Services shall be determined by applying CITY's percentage of the total field Actions provided by COUNTY to COUNTY's Total Actual Expenditures (including indirect charges) for providing all Animal Control Field Services within COUNTY. (3) CITY's Actual Cost of Animal Control Special Services shall be determined by applying CITY's percentage of the total animal licenses sold by COUNTY to COUNTY's Total Actual Expenditures (including indirect charges) for providing all Animal Control Special Services within COUNTY. (4) CITY's Actual Cost of Animal Shelter Services shall be determined by applying the CITY's percentage of animal charge days, for animals impounded from within the corporate limits of CITY and animals received from residents of CITY, to COUNTY's Total Actual Expenditures (including indirect charges) for providing all Animal Shelter Services within COUNTY. An animal charge day is defined here as each day or portion of a day that an animal is housed at COUNTY's Animal Shelter. D. FEE REVENUE - (1) COUNTY shall have all powers of CITY and shall receive all cooperation possible from CITY to enable efficient enforcement of fee collection. COUNTY shall retain all fees and revenue derived from the enforcement of the CITY Ordinances pertaining to the animal control services provided by COUNTY. (2) COUNTY agrees to keep record of and to credit to CITY all license revenue collected from residents of CITY, and all fee revenue 91 1 generated from animals received from CITY residents or impounded 2 within the corporate limits of CITY. Said revenue credit shall be used to determine the Net Cost of animal control and shelter services 3 described in Paragraph 6 E. below. 4 E. ADJUSTMENTS TO PROVISIONAL PAYMENT - 5 (1) CITY's combined Actual Costs of Animal Control and 6 Shelter Services, as described in Paragraphs 6 C. (2), 6 C (3) and 6 C 7 (4) above, shall be reduced by the total amount of license and other 8 fee revenue generated from CITY, as described in Paragraph 6 D. above, to determine the Net Cost of Service provided under this 9 Agreement. 10 (2) If the Net Cost of Service is less than the Provisional 11 Payment amount indicated in Paragraph 6 B (1) above, the COUNTY 12 shall credit difference to CITY. COUNTY agrees to refund the difference if CITY does not enter into a subsequent agreement with 13 COUNTY for animal control and shelter services. lA (3) If the Net Cost of Service is greater than the Provisional 15 Payment amount indicated in Paragraph 6 B (1) above, then COUNTY 16 shall invoice CITY for the difference if CITY does not enter into a 17 subsequent agreement. If payment is not received by COUNTY within sixty (60) days after the invoice is submitted, COUNTY may satisfy 18 the indebtedness in any manner prescribed by law. 19 (4) COUNTY agrees to complete the calculation of the Net 20 Cost of Service for animal control and animal shelter services, and 21 credit or refund any overpayment by CITY, or invoice CITY for the 22 additional amount owed by CITY, on or before December 31, 1996. 2'1 7. FINANCIAL/OPERATIONAL ADVISORY BOARD 24 The parties agree that there shall be a Financial/Operational Advisory 26 Board to advise the Director of Animal Control on financial and operational 26 matters and to assess cost recovery options for future years. The 27 28 9 1 Financial/Operational Advisory Board shall be made up of seven members, four members appointed by the Orange County League of Cities and three 2 members appointed by COUNTY. 3 4 8. RECORDS 5 All records created or received by COUNTY in accordance with 6 this Agreement shall be COUNTY records. COUNTY agrees to keep such books and records in such form and manner as the Auditor -Controller of 7 COUNTY shall specify. Said books shall be open for examination by CITY at 8 all reasonable times. 9 10 9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION 11 Animals which are being retained in criminal prosecutions, 12 except for violations of Animal Control regulations and/or ordinances pursuant to the Agreement, are not to be construed as held pursuant to the 13 services provided under this Agreement; housing will be done at the 14 discretion of the COUNTY and at the COUNTY's usual and customary 15 charges for such housing. 16 11 10. ALTERATION OF TERMS 17 This Agreement fully expresses all understandings of COUNTY 18 and CITY with respect to the subject matter of this Agreement, and shall 19 constitute the total Agreement between the parties for these purposes. No 20 addition to, or alteration of, the terms of this Agreement shall be valid unless 21 made in writing, formally approved and executed by duly authorized agents of both parties. 22 23 11. INDEMNIFICATION 24 A. That neither COUNTY nor any officer or employee thereof shall 25 be responsible for any damage or liability occurring by reason of anything 26 done or omitted to be done by CITY under or in connection with any work, 27 28 10 11 21 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), including attorneys fees and costs, occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. B. That neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully defend, indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), including attorneys fees and costs, occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. 12. NOTICES Unless the persons or addresses are otherwise identified by notice given in the manner specified by this paragraph, all notices authorized or required by this Agreement shall be deemed effective when reduced to writing and deposited in the United States mail, certified, and addressed as follows: To CITY: City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca 92675 To COUNTY: Health Officer County of Orange 515 N. Sycamore Santa Ana, Ca 92701 2811 11 1 IN WITNESS WHEREOF, the CITY of San Juan Capistrano by motion duly 2 adopted by its City Council, caused this Agreement to be signed by its Mayor and 3 attested by its Clerk, and the COUNTY OF ORANGE by order of its Board of Supervisors, has caused these presents to be subscribed by the Chairman of said 4 Board and this seal of said Board to be affixed thereto and attested by the Clerk of 5 the Board, all on the day and year first above written. 6 7 8 9 10 11 // 12 13 14 15 16 17 !/ 18 19 20 21 !/ 22 23 24 25 26 27 28 12 1 3 4 5 6 7 8 9 10 11 12 13 11 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. DATED: By Pte% �+� rr✓V' . Ch an, Board of Supervisors DATED: /C C SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD KATHLEEN E. GOODNO Acting Clerk of the Board of Supervisors of the County of Orange, California DATED: 3o-ls APPROVED AS TO FORM: TERRY C. ANDRUS, COUNTY COUNSEL DATED: V une. ?b, gq5 CITY Q San Juan Capistrano a munici I corporate n By Mayor DATED: cJurr.e yo. eggs ATTEST City Clerk r/ V DATED: — /?� %S- APPR D AS T ORM; By it Attorney contract 13