1992-0701_ORANGE, COUNTY OF_Agreement4
D
AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
THIS AGREEMENT, entered into this 1st day of July 1992, 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;
1993.
NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
1. TERM
A. This Agreement shall begin on July 1, 1992, and end June 30,
B. The term of this Agreement shall be automatically extended for
a 180 day period through December 31, 1993, if a successor Agreement between
the parties is not in force by July 1, 1993, and no notice of non -renewal has
been given by either CITY or COUNTY in accordance with paragraph 2 of this
Agreement.
-1-
0
2. TERMINATION
A. If either party determines not to renew this agreement,
written notice shall be given to the other party no later than December 31,
1992.
3• SERVICES
A. COUNTY agrees, under the direction of Health Officer of COUNTY
to provide animal control services within the corporate limits of CITY.
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. 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 shall be provided in the folloiwng three categories.
(1) FIELD SERVICES: Field Services shall be provided seven
days a week, 24 hours per day, 365 days a year, with the level of
service reduced between the hours of 11:00 p.m. and 7:00 a.m.
Telephone service request lines answered between 8:00 a.m, and 5:00
p.m. everyday, except holidays; lines monitored and responded to on
a priority basis on holidays and after 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
owner -released animals; pick-up of injured wildlife; cruelty
investigations; field release to owner and impound fee collection
for licensed dogs impounded; bite investigations; quarantine
activities including home checks of animals involved in bites;
facility inspections for those holding
-2-
9
dogs falling under "vicious ordinance"; transportation of all
injured impounded animals to emergency veterinarians; issuance of
citations; impounding of dead animals for disposal; response to
service request calls from law enforcement and city officials to
assist in areas regarding suspected criminal activities or zoning
violations; citizen contacts to give information or advice
regarding wildlife or other animal concerns.
In-house field service 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 met 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
-3-
investigations 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 a fee. The Shelter will be open to the
public to locate lost pets or for pet adoption Monday through
Saturday (not including holidays) from 10:00 a.m. 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.
The Shelter shall retain dogs and cats without owner
identification for three days, plus the day of impound and any
Sundays or holidays. Those with identification shall be retained
seven days, plus the day of impound and any Sundays or holidays.
Animals will be kept on public display to allow owner
identification. When animals are wearing identification, owners
will be contacted by telephone and by mail. If animals are not
redeemed by their owners and adoption holds have not been placed
some may be made available for adoption for an additional time
period on a space available basis. Those which are neither
redeemed nor adopted will be euthanized and carcasses disposed of.
-4-
Veterinary services shall be available seven days a week.
Veterinary staff shall perform required euthanasia by lethal
injection. Necropsies will be performed on animals which die under
suspicious circumstances and at the request of law enforcement.
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 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.
-5-
0
E
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 its 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 full force and effect an ordinance identical in intent 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.
0 0
6. PAYMENTS
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 FY 1992-93 Provisional Payment to COUNTY in the amount
of $40,834. This payment for 1992-93 services shall be adjusted by
a 1991-92 credit of $6,615 and further adjusted by a final 1990-91
credit of $8,009, resulting in a total adjusted provisional payment
of $26,210. 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,
1992, the second is due December 30, 1992, the third is due March
30, 1993, and the fourth is due June 30, 1993.
(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 any compensation or indemnity to any COUNTY
employee for injury or sickness arising out of his or her
employment.
-7-
0 0
(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 as the adjusted Provisional Payment in 6 B. (1) above. Such
payments shall be due no later than thirty (30) days after the
month in which services were provided.
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 coat 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
animals 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
0 0
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 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, 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, the COUNTY
shall credit difference to CITY. COUNTY agrees to refund the
difference if CITY does not enter into a subsequent agreement with
COUNTY for animal control and shelter services.
goo
0 0
(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 December 31, 1993.
7. FINANCIAL/OPERATIONAL ADVISORY BOARD
The parties agree that there shall be a Financial/Operation
Advisory Board to advise the Director of Animal Control on financial and
operational matters and to assess cost recovery options for future years. The
Financial/Operational 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.
8. RECORDS
All records created or received by COUNTY in accordance with this
Agreement shall be COUNTY records. COUNTY agrees to keep 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.
9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION
Animals which are being retained in criminal prosecutions, except
for violations of Animal Control regulations and/or ordinances pursuant to the
Agreement, are not to be construed as held pursuant to the services provided
under this Agreement; housing will be done at the discretion on the COUNTY and
at the COUNTY's usual and customary charges for such housing.
Mi E
0 0
10. ALTERATION OF TERMS
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.
11. INDEMNIFICATION
A. That neither COUNTY nor any officer of 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 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.
-11-
0
12. NOTICES
s
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
IN WITNESS WHEREOF, the CITY of San Juan Capistrano 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 be affixed thereto and attested by
the Clerk of the Board, all on the day and year first above written.
-12-
n
u
IN WITNESS WHEREOF, the parties he
executed this Agreement.
DATED: JUL 22 1992 B �j4 K-- (— %44AO-#�
VAND
an, Board of SupervisorsDATED: JUL 221992 SI CERTIFIED THAT -I GQ01Y' -,.�
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
DATED: —17 (' 1 --
DATED:
DATED: h -/b -91;L
DATED:
CONTRCT2:contrac2
-13-
Clerk of the oar'd K.SWANSON, ASSISTANT
of
Supervisors of the County of
Orange, California
APPROVED AS TO F
TERRY,C.,,/ANDRUS,
ITY OF San Juan Capistrano
a municipal corporation
By
ATTEST:
APPROVED AS TO FORAt
L�/ /
Council r
Community
and recon
�f
0
d,a< 9:05 p.m.
opment Agency,
at 9:07 p.m.
G
to convene the San Juan Capistrano
recessed for a break at 9:07 p.m.,
1. RENEWAL OF AGREEMENT WITH COUNTY OF ORANGE - ANIMAL CONTROL
AND SHELTER SERVICE FOR FY 1992-93 1600.501
Written Communication: 1
Report dated June 16, 1992, from the Assistant City Manager,
recommending that a new agreement be approved with the County
of Orange for animal control services, including animal
rescues, animal sheltering, emergency response, impound
actions, field investigations, and quarantine actions.
Modifications from the previous agreement included an exten-
sion of time to cancel the agreement and more detailed
description of services to be rendered.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the new Agreement for
Animal Control and Shelter Services with the County of Orange
be approved for the period beginning July 1, 1992, and ending
June 30, 1993.
1. LOCAL -AGENCY BIENNIAL REPORT -
Report dated June, 1992, from the City Attorney, forward-
ing a modified Appen 'x A listing designated City employees
and clarifying when dis osure would and would not result in
response to concerns expre ed at the June 2, 1992, meeting.
Committees that perform sol y advisory functions for the
City (e.g. Los Rios Review Co ittee), were classified as
"Non -designated," and disclosure ould only be a matter of
City policy.
Mr. Denhalter made an oral presentation:
-14-
6/16/92
• 0
AGENDA ITEM June 16, 1992
TO: Stephen B. Julian, City Manager
FROM: George Scarborough, Assistant City Manager
SUBJECT: Renewal of Agreement with County of Orange- Animal
Control and Shelter Service for FY 1992-93
Move to approve the agreement with the County of Orange for
Animal Control Services during the period of July 1, 1992 to
June 30, 1993.
The City's agreement with the County of Orange for Animal Control
Services is set to expire June 30, 1992. Pursuant to this
agreement, County Animal Control staff have been providing services
which include animal rescues, animal sheltering, emergency
response, impound actions, field investigations, and quarantine
actions.
The City Council is requested to consider entering into a new
agreement with the County of Orange for these same services for the
period of July 1, 1992 to June 30, 1993. A new contract has been
prepared for City Council approval, and is attached.
Summary of Contract Components
Services provided in the contract include field services such as
patrol, impounds of stray animals, pick ups of injured wildlife,
cruelty investigations, bite investigations, impounds of dead
animals for disposal, citizen contacts for information regarding
wildlife or other animal concerns, and responses to service request
calls from law enforcement and city officials.
The contract also includes special services such as pet and
facility licensing, inspections, and low cost vaccination clinics.
A final component of the contract is for shelter services. Shelter
services are provided at the County Shelter in Orange. According
to Animal Control, 99% of tagged animals impounded are returned to
their owners or placed with new owners.
The County of Orange provided animal control services for 24
incorporated cities as well as the unincorporated areas of the
County. Data on all service areas are provided to contract cities
FOR CITY COUNCIL AGEND
Agenda Item June 16, 1992 2
on a quarterly basis. Additionally, the contract cities provide
4 of 7 members of the Financial/Operational Advisory Board. This
Board reviews operational matters and assesses cost recovery
options.
Changes in Contract from Previous Years
There are two changes in the proposed contract which differ from
previous agreements. In the draft 92-93 agreement, the length of
notice to cancel the agreement has been extended from 90 days to
six months. As the costs for the contract are based upon the
City's prorata share of all costs, given a fixed number of agencies
(presently 24), the intent of this change is to provide adequate
lead time for cost adjustments should a city drop out of the
contract prior to its expiration June 30, 1993.
The second area of change in the contract is in the amount of
detail describing service areas. The detail has been expanded to
more fully describe the services that will be rendered by the
County. This has been done in response to cities' requests for
more descriptive information about the services which are provided.
The contract now describes the variety of services provided,
service hours, retention times for animals, etc.
Evaluation of Service
Staff believes that the services provided by Orange County Animal
Control during the 1991-92 contract year have met the intent of the
contract. Orange County Animal Control staff provide information
to the city on a quarterly basis about the types and number of
service hours provided in San Juan Capistrano. Additionally, they
are responsive to meeting the needs of the City within areas of
their purview. The City's contract with the County of Orange for
Animal Control services is cost effective and program managers seek
ways to continue to improve the quality of the services they
provide.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable
FINANCIAL CONSIDERATIONS:
San Juan Capistrano's share of animal control services for the
1991-93 fiscal year is $40,834. Funds have been allocated in the
1992-93 operating budget to provide for this.This cost is derived
from pro rating the city's fair share of costs to provide all
services to the contract cities and the unincorporated areas.
The County payment system allows for credits to the city for sales
of licenses and impound fees (which are kept by the County), and
credits from over estimations of payments in prior years. The net
Agenda Item June 16, 1992 3
share of the City's animal control costs for Fy 92-93 is
anticipated to be $26,210. This share has been reduced from the
gross cost of $40,834 due to two credits from previous fiscal
years: a credit of $6,615 for 1991-92 and a final credit of $8,009
from FY 1990-91.
Orange County Animal Control
ALTBRNATB ACTIONS:
1. Move to approve the agreement with the County of Orange for
Animal Control Services during the period of July 1, 1992 to
June 30, 1993.
2. Request additional information.
Move to approve the agreement with the County of Orange for
Animal Control Services during the period of July 1, 1992 to
June 30, 1993.
submitted,
City Manager
:JMM
DRUG USE
ks-T18
g
June 22, 1992
Mr. Jack Edwards, Director
Orange County Animal Control
561 City Drive South
Orange, California 92668
J«Iw�
�rI
nunuem 'I 1961
1776
Re: Approval of Agreement for Animal Control and Shelter Services
MEMBERS OF THE CITY COUNCIL
JERRY HARRIS
KENNETH E FRIESS
GARY L HAUSOORFER
GIL JONES
JEFF VASQUEZ
CITY MANAGER
STEPHEN B JULIAN
Dear Mr. Edwards:
The City Council of the City of San Juan Capistrano at its regular meeting held
June 16, 1992, approved the one-year agreement for Animal Control and Shelter
Services for Fiscal Year 1992-93.
Four 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,
Cheryl Jo nson
City Clerk
Enclosures
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171