1989-0701_ORANGE, COUNTY OF_Agreement4
THIS AGREEMENT, entered into this 1St day of July
1989, 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 hereinafter described animal control and
animal shelter services through COUNTY's Health Officer; 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. IMM
A. This Agreement shall commence on July 1, 1989 and
terminate June 30, 1990.
B. The term of this Agreement may be extended for up
to one hundred and twenty (120) days under the terms and conditions
specified herein. Either party may give notice to the other, in
writing, that such extension is desired; provided, however, notice
must be given no later than May 31, 1990. This Agreement shall
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thereby be extended unless the request to extend is rejected, in
writing, no later than ten (10) days after it is given.
Either party may terminate this Agreement upon ninety
(90) days written notice to the other party, or as otherwise provided
for in this Agreement.
3. SERVICES
A. COUNTY agrees, under the direction of Health
Officer of COUNTY to provide animal control services within the
corporate limits of CITY. The level of animal control and shelter
services to be provided under this Agreement shall be established as
those customarily provided to residents of unincorporated areas of
the COUNTY. Services provided by County shall include the
enforcement of State statutes deemed applicable to CITY by COUNTY.
COUNTY will not be obligated to enforce any ordinances adopted by
CITY except those adopted in compliance with Paragraph 5 of this
Agreement.
B. COUNTY shall furnish and supply all necessary labor,
supervision, equipment, and supplies to provide the services
described in this Agreement. In all instances wherein special
supplies, stationary, notices, forms and the like are issued in the
name of CITY, the same shall be supplied by CITY at its own expense.
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
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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 the prescribed notices and use humane methods of care and
destruction of any animal coming under its jurisdiction.
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
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.
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Notwithstanding anything to the contrary herein
contained, this Agreement shall terminate at any time that CITY
fails to enact, and to maintain in full force and effect an ordinance
identical to the provisions of Article 1 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 adopted by
the Orange County Board of Supervisors concerning animal control,
including those which relate to fees. This Agreement shall also
terminate if CITY does not enact the same amendments to its
Municipal Code as those adopted by COUNTY's Board of Supervisors
regarding animal control within sixty (60) days after a request to do
so by COUNTY Health Officer. The COUNTY Health Officer, acting on
behalf of COUNTY, may use discretion and need not request CITY to
adopt amendments which do not apply to CITY.
N ]WWXTQIl►y
A. BASIS FOR PAYMENT- CITY shall pay COUNTY for
the actual costs of providing animal control and animal shelter
services.
B. PAYMENT METHOD -
(1) In consideration for the animal control and
shelter services provided by COUNTY during the term of
this Agreement, CITY shall make a Provisional Payment to
COUNTY in the amount of $ 31,146 . This
payment shall be adjusted as described in Paragraph 6 E.
below.
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(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, 1989, the second is due
December 31, 1989, the third is due March 31, 1989, and
the fourth is due June 30,1989.
(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
shall not be liable for 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 with Paragraph 1 B. above, CITY shall make
monthly provisional payments to COUNTY in an amount
equal to one twelfth of the amount shown in 6 B. (1)
above, Such payments shall be due no later than thirty
(30) days after the month in which services were
provided.
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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.
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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 records of and to
credit to CITY all license revenue collected from
residents of CITY, and all fee revenue generated from
animals received from CITY residents or impounded
within the corporate limits of CITY. Said revenue credit
shall be used to determine the Net Cost of animal control
and shelter services described in Paragraph 6 E. below.
E ADJUSTMENTS TO PROVISIONAL PAYMENT -
(1) CITY's combined Actual Costs of Animal
Control Field Services, Animal Control Special Services
and Animal Shelter Services, as described in Paragraphs
6 C. (2), 6 C. (3) and 6 C. (4) above, shall be reduced by the
total amount of license and other fee revenue generated
from CITY, as described in Paragraph 6 D. above, to
determine the Net Cost of Service provided under this
Agreement.
(2) If the Net Cost of Service is less than the
Provisional Payment amount indicated in Paragraph
6 B. (1) above, then COUNTY shall credit the difference to
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CITY. COUNTY agrees to refund the difference if CITY
does not enter into a subsequent Agreement with COUNTY
for animal control and shelter services.
(3) If the Net Cost of Service is greater than the
Provisional Payment amount indicated in Paragraph
6 B.(1) above, then COUNTY shall invoice City for the
difference. If payment is not received by COUNTY within
sixty (60) days after the invoice is submitted, COUNTY
may satisfy the indebtedness in any manner prescribed by
law.
(4) COUNTY agrees to complete the calculation of
the Net Cost of Service for animal control and animal
shelter services, and credit or refund any overpayment by
CITY, or invoice CITY for the additional amount owed by
CITY, on or before June 30, 1991.
7. MUNICIPAL SERVICES ADVISORY BOARD
The parties agree that there shall be a Municipal
Services Advisory Board to advise the Director of Animal Control on
financial and operational matters and to assess cost recovery
options for future years. The Municipal Services Advisory Board
shall be made up of seven members, four members appointed by the
Orange County League of Cities and three members appointed by
COUNTY.
All records created or received by COUNTY in accordance
with this Agreement shall be COUNTY records. County agrees to keep
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such books and records in such form and manner as the Auditor -
Controller of COUNTY shall specify. Said books shall be open for
examination by CITY at all reasonable times.
Mel
Animals which are being retained in criminal
prosecutions, except for violations
of Animal Control
regulations
and/or ordinances pursuant
to this
Agreement, are not
to be
construed as held pursuant
to the
services provided under
this
Agreement; housing will be
done at
the discretion of the
COUNTY and
at the COUNTY's usual and
customary charges for such
housing.
MEMPIM1001,M01=1
This Agreement fully expresses all understandings 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 shall be valid unless made in writing,
formally approved and executed by duly authorized agents of both
parties.
A. That neither COUNTY 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 CITY under or in
connection with any work, 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
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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 Unites States mail,
certified, and addressed as follows:
A. To CITY: City Manager
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
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B. To COUNTY: Health Officer
County of Orange
515 N. Sycamore
Santa Ana, CA 92701
IN WITNESS WHEREOF, the CITY of SAN JUAN CAPTSTRANO
by motion duly adopted by its City Council, caused this Agreement to
be signed by its Mayor and 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 Board and this seal
of said Board to affixed thereto
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and attested by the Clerk of said Board, all on the day and year first
above written.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement.
DATED:ii Joao By 1 LZ1Y-e-�
�9L"1i'^OOT
Chairman, Board of
Supervisors
DATED: JUL 3 IJJj SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD
LINDA D. RUTH
Clerk of the Board of
Supervisors of the County of
Orange, California
DATED: M.I ss_ /1►9 APPROVED AS TO FORM:
�� ADRIAN KUYPER, COUNTY COUNSEL
By /% r
DATED: 6/27/89 CITYOF SAN JUAN CAPISTRANO
a mu a corporation
B
Gary Hausdor£er, May
71
DATED: 6/27/89 ATTEST:
By
Jerk
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3.
i
RADIO COMMUNICATION -,X RESOLUTION OF THE CITY
COUNCIL OFTHE CIT OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPR ING PARTICIPATION IN THE
FINANCING, ACQU ITION, AND USE OF THE ORANGE
COUNTY COORDTED 800 MHz UHF LAW ENFORCEMENT
AND PUBLIC RKS RADIO COMMUNICATIONS SYSTEM
The motion cAried by the following vote:
A7,111" Councilmen schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
Written Communication:
Report dated June 27, 1989, from the Assistant City
Manager, noting the major provisions of a new agreement
proposed between the County and the City for animal
control and animal shelter services. The agreement was
developed by the City County Coordinating Committee and
endorsed by the Orange County League of Cities and the
Board of Supervisors.
Approval of Agreement:
It was moved by Councilman schwartze, seconded by
Councilman Friess, and unanimously carried that the
agreement for animal control and animal shelter services
between the County of Orange and the City be approved,
with a projected cost of $31,146 for the 1989-90 fiscal
year.
Written Communication:
Report dated June 27, 1989, from
Manager, recommending that the full
improvements to Drainage Assessment
-5-
the Assistant City
amount of expenses for
Area LO1 in the amount
6/27/89
AGENDAITEM
June 27, 1989
TO: Stephen B. Julian, City Manager
FROM: George Scarborough, Assistant City Manager
SUBJECT: Approval of Revised Agreement for Animal Control Services
with the County of Orange
SITUATION:
The present contract with Orange County for animal control and animal
shelter services terminates June 30 of this year. A new agreement has
been developed by the City County Coordinating Committee (CCCC) and
has been endorsed by the Orange County League of Cities and the Board of
Supervisors. The new agreement contains the following major provisions:
A full cost recovery system will be implemented beginning fiscal
year 1989/90 based upon the use of existing management
statistics to calculate the projected cost of services provided to
each city. The County'srecommended fiscal year 1989/90
budget for animal control and animal shelter services will
initially serve as the basis for determining total expenditures and
setting contract costs. The County will implement the Combined
Manual and Automated Data Collection System during the fiscal
year 1989/90. The system will record the number of patrol hours
and actions performed in each city, the number of animal days
attributable to each city contracting for animal shelter services
and identify specific revenues attributable to each of the cities
and credit them appropriately. Since initial City contract costs
will be based upon projected annual County budgets and workload
statistics it is intended that subsequent year adjustments will be
made to reflect actual expenditures of revenue and workload
data.
A seven member advisory board with City majority
representation will be established to advise the Animal Control
Director on financial and operational matters and to assess cost
recovery options for future years.
3. A basic level of animal control field licensing and shelter
services will be provided County -wide; however, higher levels of
services will be negotiated for purchase by contracting cities at
the full implemental cost of providing such services.
In general, the agreement accomplishes its basic goal of providing an
equitable method of sharing cost for animal control shelter services
between the County of Orange and the Orange County cities.
FOR CITY COUNCIL AGEND
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Agenda Item -2- June 27, 1989
The estimated fiscal year 1989/90 cost of providing animal control and
animal shelter services to the City of San Juan Capistrano is $31,146. This
cost has been budgeted in the proposed 1989/90 City budget.
COMMISSION/BOARD REVIEW & RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The agreement with Orange County for animal control and animal shelter
services projects a 1989/90 cost of $31,146.
NOTIFICATION:
Not applicable.
ALTERNATE ACTIONS:
1. Approve the agreement for animal control and animal shelter services
with the County of Orange.
2. Do not approve the agreement and seek animal shelter and animal
control services elsewhere.
RECOMMENDATION:
Approve the agreement for animal control and animal shelter services
between the County of Orange and the City of San Juan Capistrano.
Respectfully submitted,
Attachment
0
June 29, 1989
Health Officer
County of Orange
515 North Sycamore
Santa Ana, California 92701
Re: Animal Control Services Control Services Agreement
Dear Sir:
MEMBERS OF THE CITY COUNCIL
ANTHONY L.BLAND
LAWRENCE P. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
The City Council of the City of San Juan Capistrano at its adjourned regular
meeting held June 27, 1989, approved the agreement for animal control and
animal shelter services between the County and the City of San Juan Capistrano.
Three copies of the Agreement are enclosed. Upon approval of the Board of
Supervisors, please return one fully -executed copy to this office.
Thank you for your cooperation. If we can be of further assistance, please call.
Very truly yours,
Vv
Mary Am Hanover, CMC
City Clerk
MAH/cj
Enclosures
cc: City Manager
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 9 (714) 493.1171
July 7, 1989
RECEIVED
,AIL 13 11 of aM'�
County of Orange" CLERK
HEALTFfCARE AGENT*ARTK"T
OFFICE OF THE DIRECTO TT QF SAM
CYAN CApISTRANO
515 N. SYCAMORE
SANTA ANA, CALIFORNIA 92701
(714) 834-6021
Mary Ann Hanover, CMC, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Ms, Hanover:
TOM DRAM
AGENCY DIRECTOR
RONALD R. DILUIGI
ASSISTANT AGENCY DIRECTOR
Enclosed please find a fully executed copy of the City/County Agreement for
Animal Control and Shelter Services,
Sincerely,
J dw s
Director of Animal Control
JE:ic
ShelterC