04-0701_ORANGE , COUNTY OF_Agreement1
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AGREEMENT FOR PROVISION OF
ANIMAL CARE SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SAN JUAN CAPISTRANO
FISCAL YEAR 2004 - 2005
THIS AGREEMENT entered into this 1st day of July, 2004, which date is enumerated for purposes
of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State of
California (COUNTY) and the CITY OF SAN JUAN CAPISTRANO, a municipal nonprofit corporation
(CITY). This Agreement shall be administered by the County of Orange Health Care Agency
(ADMINISTRATOR).
WITNESSETH:
WHEREAS, CITY wishes to contract with COUNTY for the provision of the Animal Care Services
described herein; and
WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions
hereinafter set forth:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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CONTENTS
PARAGRAPH
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PAGE
TitlePage................................................................................................................................. 1
Contents................................................................................................................................... 2
Referenced Contract Provisions.............................................................................................. 3
I. Alteration of Terms................................................................................................................. 4
H. Indemnification... ...... -- ........................................................................................................... 4
III. Notices..................................................................................................................................... 4
IV. Severability.............................................................................................................................. 5
V. Status of the Parties................................................................................................................. 5
VI. Term......................................................................................................................................... 5
VII. Termination............................................................................................................................. 6
VIII. Third Party Beneficiary........................................................................................................... 6
IX. Waiver of Default or Breach................................................................................................... 6
SignaturePage......................................................................................................................... 7
EXHIBIT A
I. Conformity of Laws or Regulations........................................................................................ 1
II. Financial/Operational Advisory Board................................................................................... 1
III. Payments.................................................................................................................................. 2
IV. Records.................................................................................................................................... 3
V. Reports..................................................................................................................................... 4
VI. Services to be Provided by County......................................................................................... 4
EXHIBIT B
Confidentiality Agreement..............................................................................................1 Page
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REFERENCED CONTRACT PROVISIONS
Term: July 1, 2004 through June 30, 2005
Notices to COUNTY and CITY:
COUNTY: County of Orange
Health Care Agency
Deputy Agency Director for Regulatory Health Services
405 West 5th Street, 7th Floor
Santa Ana, CA 92701-4637
and
County of Orange
Health Care Agency
Contract Development and Management
405 West 5th Street, Suite 600
Santa Ana, CA 927014637
CITY: Michael Cantor
Senior Management Analyst
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
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1 I. ALTERATION OF TERMS
2 This Agreement, together with Exhibits A and B attached hereto and incorporated herein by
3 reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of
4 this Agreement, and shall constitute the total Agreement between the parties for these purposes. No
5 addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless
6 made in writing and formally approved and executed by both parties.
7
8 II. INDEMNIFICATION
9 A. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or
10 liability occurring by reason of anything done or omitted to be done by CITY under or in connection
11 with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood
12 and agreed to that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and
13 hold COUNTY harmless from any liability imposed for injury (as defined in Government Code
14 Section 810.8), including attorneys fees and costs, occurring by reason of anything done or omitted to be
15 done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under
16 this Agreement.
17 B. Neither CITY nor any officer or employee thereof shall be responsible for any damage or
18 liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection
19 with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is also
20 understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully defend,
21 indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government
22 Code Section 810.8), including attorneys fees and costs, occurring by reason of anything done or omitted
23 to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to
24 COUNTY under this Agreement.
25
26 111. NOTICES
27 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements
2g authorized or required by this Agreement shall be effective:
29 1. When written and deposited in the United States mail, first class postage prepaid and
30 addressed as specified on page 3 of this Agreement or otherwise directed by ADMINISTRATOR; or
31 2. When faxed, transmission confirmed;
32 3. When sent by electronic mail; or
33 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel
34 Service, or other expedited delivery service.
35 B. Termination Notices shall be addressed as specified on page 3 of this Agreement or otherwise
36 directed by ADMINISTRATOR and shall be effective when faxed, transmission confirmed, or when
37 H
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I accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other
2 expedited delivery service.
3 C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming
4 aware of any occurrence of a serious nature which may expose either party to liability. Such occurrences
5 shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any
6 County property in possession of CITY.
7 D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by
8 ADMINISTRATOR.
9
10 IV. SEVERABILITY
11 If a court of competent jurisdiction declares any provision of this Agreement or application thereof
12 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any
13 federal, state, or county statute, ordinance, or regulation, the remaining provisions of this Agreement or
14 the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain
15 in full force and effect, and to that extent the provisions of this Agreement are severable.
16
17 V. STATUS OF THE PARTIES
18 COUNTY shall at all times be deemed to be an independent contractor and shall be wholly
19 responsible for the manner in which it performs its duties under this Agreement. Nothing herein
20 contained shall be construed as creating the relationship of employer and employee, or principal and
21 agent, between CITY and COUNTY or any of their respective agents, subcontractors, or employees.
22 COUNTY assumes exclusively the responsibility for the acts of its employees. COUNTY and its
23 employees shall not be entitled to any rights and/or privileges of CITY employees, and shall not be
24 considered in any manner to be CITY S employees. Likewise, CITY assumes exclusively the
25 responsibility for the acts of its employees, and they shall not be considered in any manner to be
26 COUNTY S employees.
27
28 VI. TERM
29 A. The term of this Agreement shall commence and terminate as specified on page 3 of this
30 Agreement, unless otherwise sooner terminated as provided in this Agreement; provided, however,
31 COUNTY shall be obligated to perform such duties as would normally extend beyond this term,
32 including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting
33 and accounting.
34 B. The term of this Agreement shall be automatically extended for a 180 -day period through
35 December 31, 2005, if a successor Agreement between the parties is not in force by July 1, 2005, and no
36 notice of non -renewal has been given by either CITY or COUNTY in accordance with the Termination
37 paragraph of this Agreement.
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I C. If either party determines not to renew this Agreement, a minimum of six (6) months' written
2 notice shall be given to the other party.
3
4 VII. TERMINATION
5 A. If either party determines not to renew this Agreement, written notice shall be given to the other
6 party no later than December 31, 2004.
7 B. Any obligation of COUNTY under this agreement is contingent upon the following:
8 1. Inclusion of sufficient funding for the services hereunder in the applicable budgets approved
9 by the Board of Supervisors.
10 2. In the event such funding is subsequently reduced or terminated, COUNTY may terminate
11 this agreement upon thirty (30) days written notice given to CITY.
12
13 VIII. THIRD PARTY BENEFICIARY
14 Neither party hereto intends that this Agreement shall create rights hereunder in third parties
15 including, but not limited to, any subcontractors or any clients provided services hereunder.
16
17 IX. WAIVER OF DEFAULT OR BREACH
18 Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any
19 breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach.
20 Waiver of any default or any breach shall not be considered a modification of the terms of this
21 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:Q� **rtJ
V�UISON, RN, MN
DME=P, HEALTH CARE AGENCY
CITY OF SAN JUAN CAPISTRANO
lam
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nicipal co tion
vMA
MAYOR
Date
ATTEST:
w_
CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
//,/� -o L
Date
APPROVED AS TO FORM:
CITY ATTORNEY
BY::
�BY: 181,P16 I
Date Date
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1 EXHIBIT A
2 TO AGREEMENT WITH
3 CITY OF SAN JUAN CAPISTRANO
4 ANIMAL CARE SERVICES
5 FISCAL YEAR 2004 - 2005
6
7 I. CONFORMITY OF LAWS OR REGULATIONS
g A. Notwithstanding anything to the contrary herein contained, this Agreement shall terminate at
9 any time that CITY fails to enact, and to maintain in full force and effect an ordinance identical in intent
10 to the provisions of Article 1 through 10 of Division 1 of Title 4, and Divisions 1, 2, and 3 of Title 5 of
11 the Codified Ordinances of the County of Orange, and other regulations presently adopted by the Orange
12 County Board of Supervisors concerning animal control, including those which relate to fees. This
13 Agreement shall also terminate if CITY does not enact the same amendments to its Municipal Code as
14 those adopted by COUNTY'S Board of Supervisors regarding animal control within sixty (60) days after
15 a request to do so by COUNTY'S Health Care Agency Director or designee.
16 B. If CITY is considering adopting an ordinance and requesting its enforcement by COUNTY,
17 COUNTY'S Health Care Agency Director or designee may provide assistance to CITY in defining the
18 manner in which the proposed ordinance enforcement would be provided by COUNTY. COUNTY will
19 provide such services when a written request is received sixty (60) days prior to the requested
20 implementation of the service upon the written approval of COUNTY'S Health Care Agency Director or
21 designee. The manner and extent to which services are provided in response to such a request shall be
22 determined by COUNTY'S Health Care Agency Director or designee and will only be provided if the
23 cost of such services can be delineated and accommodated under the provisions of the Payments
24 Paragraph of Exhibit A to this Agreement.
25 C. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY when
26 written request for exclusion is received sixty (60) days prior to the requested exclusion upon the written
27 approval of COUNTY'S Health Care Agency Director or designee. Such requests will only be
28 considered provided they are not in conflict with State statutes or do not endanger the public health.
29 COUNTY'S Health Care Agency Director or designee, acting on behalf of COUNTY, may use
30 discretion and need not request CITY to adopt amendments which do not apply to CITY.
31
32 II. FINANCIAL/OPERATIONAL ADVISORY BOARD
33 The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY'S
34 Director of Animal Care Services on financial and operational matters and to assess cost recovery
35 options for future years. The Financial/Operational Advisory Board shall be made up of seven (7)
36 members, four (4) members appointed by the Orange County League of Cities and three (3) members
37 appointed by COUNTY.
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1 III. PAYMENTS
2 A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual costs of providing Animal
3 Care Services.
4 B. PAYMENT METHOD
5 1. In consideration for the Animal Care Services provided by COUNTY during the term of
6 this Agreement, CITY shall make a Fiscal Year (FY) 2004-05 Provisional Payment to COUNTY in the
7 amount of $65,359. This payment for FY 2004-05 services shall be adjusted by a FY 2002 -2003 credit
g of $11,913, resulting in a total adjusted Provisional Payment of $53,446. This payment shall be adjusted
9 as described in subparagraph III.E., below.
10 2, The Provisional Payment shall be paid to COUNTY in four (4) installments, each equal to
11 twenty-five percent (25%) of the total combined adjusted Provisional Payment. The first installment is
12 due September 30, 2004, the second is due December 31, 2004, the third is due March 31, 2005, and the
13 fourth is due June 30, 2005.
14 3. If payment is not received by COUNTY within thirty (30) days after the due date,
15 COUNTY may cease providing any further service under this Agreement and may satisfy the
16 indebtedness in any manner prescribed by law.
17 4. CITY shall not be called upon to assume any liability for the direct payment of any salaries,
18 wages or other compensation to any COUNTY personnel performing services hereunder for COUNTY,
19 or any liability other than provided for in the Agreement. CITY shall not be liable for compensation or
20 indemnity to any COUNTY employee for injury or sickness arising out of his or her employment.
21 5. " In the event this Agreement is extended in accordance with the Term paragraph of this
22 Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to
23 one -twelfth (1/12) of the FY 2004-05 adjusted Provisional Payment amounts shown in
24 subparagraph III.B.1. above. Such payments shall be due no later than thirty (30) days after the month in
25 which services were provided.
26 C. DETERMINATION OF ACTUAL COST OF SERVICES
27 1. COUNTY agrees to collect and maintain expenditure and workload data to be used to
28 determine the actual cost of Animal Care Services provided to CITY during the term of this Agreement.
29 2. CITY'S Actual Cost of Animal Care Field Services shall be determined by applying
30 CITY'S percentage of the total Field Actions provided by COUNTY to COUNTY'S Total Actual
31 Expenditures (including indirect charges) for providing all Animal Care Field Services within
32 COUNTY.
33 3. CITY'S Actual Cost of Animal Care Special Services shall be determined by applying
34 CITY'S percentage of the total animal licenses sold by COUNTY to COUNTY'S Total Actual
35 Expenditures (including indirect charges) for providing all Animal Care Special Services within
36 COUNTY.
37
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1 4. CITY'S Actual Cost of Animal Care Shelter Services shall be determined by applying the
2 CITY'S percentage of animal charge days, for animals impounded from within the corporate limits of
3 CITY and animals received from residents of CITY, to COUNTY'S Total Actual Expenditures
4 (including indirect charges) for providing all Animal Care Shelter Services within COUNTY. An
5 animal charge day is defined as each day or portion of a day that an animal is housed at COUNTY'S
6 Animal Shelter.
7 D. FEE REVENUE
g 1. COUNTY shall have all powers of CITY and shall receive all cooperation possible from
9 CITY to enable efficient enforcement of fee collection. COUNTY shall retain all fees and revenue
10 derived from the enforcement of the CITY Ordinances pertaining to the animal control services provided
11 by COUNTY.
12 2. COUNTY agrees to keep record of and to credit to CITY all license revenue collected from
13 residents of CITY, and all fee revenue generated from animals received from CITY residents or
14 impounded within the corporate limits of CITY. Said revenue credit shall be used to determine the Net
15 Cost of Animal Care Services described in subparagraph III.E. below.
16 E. ADJUSTMENTS TO PROVISIONAL PAYMENT
17 1. CITY'S Combined Actual Costs of Animal Care Services, as described above, shall be
18 reduced by the total amount of license and other fee revenue generated from CITY, as described in
19 subparagraph III.D. above, to determine the Net Cost of Service provided under this Agreement.
20 2. If the Net Cost of Service is less than the Provisional Payment amount indicated in
21 subparagraph M.B.I. above, then COUNTY shall credit the difference to CITY in a subsequent
22 agreement with COUNTY for Animal Care Services. COUNTY agrees to refund the difference if CITY
23 does not enter into a subsequent agreement with COUNTY for Animal Care Services.
24 3. If the Net Cost of Service is greater than the Provisional Payment amount indicated in
25 subparagraph M.B.1. above, then COUNTY shall debit the difference from CITY in a subsequent
26 agreement with COUNTY for Animal Care Services. If CITY does not enter into a subsequent
27 agreement, COUNTY shall invoice CITY for the difference. If payment is not received by COUNTY
28 within sixty (60) days after the invoice is submitted, COUNTY may satisfy the indebtedness in any
29 manner prescribed by law.
30 4. COUNTY agrees to complete the calculation of the Net Cost of Animal Care Services, and
31 to credit or refund any overpayment by CITY, or invoice CITY for the additional amount owed by
32 CITY, on or before December 31, 2005.
33
34 IV. RECORDS
35 All records created or received by COUNTY in connection with the performance of COUNTY
36 services pursuant to this Agreement are confidential. COUNTY agrees to keep such books and records
37 in such form and manner as the Auditor -Controller of COUNTY shall specify. Said books and records
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I shall be open for examination by CITY at all reasonable times. Once each year, COUNTY shall deliver
2 to CITY only the addresses of each licensed pet upon demand without additional expense or cost to
3 CITY. Any such information requested which is confidential pursuant to the terms of the Public
4 Records Act shall be released to CITY pursuant to Government Code section 6254.5(e). Prior to each
5 disclosure, CITY agrees to complete and return to COUNTY a "Confidentiality Agreement" similar to
6 that set forth in Exhibit B to this Agreement. The parties agree and understand that this procedure is
7 required by the Public Records Act and necessitated to permit CITY to obtain the information required
8 for its use, and to allow COUNTY to disclose said information without the risk of waiver of the right to
9 refuse to disclose such confidential information to others. Upon receipt by COUNTY, the records
10 requested may be released to the extent COUNTY is in possession of such records, and permitted by
11 state law to disclose them voluntarily.
12
13 V. REPORTS
14 COUNTY agrees to provide CITY with written progress reports during the term of this Agreement
15 as follows:
16 A. SERVICE REPORTS — COUNTY shall provide CITY with annual service reports covering
17 activities and services performed in the execution of this Agreement no later than October 1, 2005.
18 B. FISCAL REPORTS — COUNTY shall provide CITY with mid -year and annual fiscal reports
19 covering all income and expenses incurred in the execution of this Agreement no later than
20 December 31, 2005.
21
22 VI. SERVICES TO BE PROVIDED BY COUNTY
23 A. COUNTY agrees, under the direction of COUNTY'S Health Care Agency Director or designee,
24 to provide Animal Care Services within the corporate limits of CITY. Services provided by COUNTY
25 shall include the enforcement of State statutes deemed applicable to CITY by COUNTY. COUNTY
26 shall not be obligated to enforce any ordinances adopted by CITY except those adopted in compliance
27 with paragraph I of Exhibit A to this Agreement. The level of Animal Care Services to be provided
29 under this Agreement shall be established as those customarily provided to residents of unincorporated
29 areas of the COUNTY. Services shall be provided in the following three categories:
30 1. ANIMAL CARE FIELD SERVICES
31 a. Animal Care Field Services shall be provided seven days a week, 24 hours per day, 365
32 days a year, with the level of service reduced between the hours of 11:00 p.m. and 7:00 a.m. Telephone
33 service request lines shall be answered between 8:00 a.m. and 5:00 p.m. every day, except holidays;
34 lines shall be monitored and responded to on a priority basis on holidays and after 5:00 p.m. Activities
35 include, but are not limited to: patrol of assigned regional areas; impounding of stray dogs or confined
36 stray cats and of owner- released animals; pick up of injured wildlife; cruelty investigations; return of
37 unclaimed animals (following required retention period) to one designated location on behalf of CITY;
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I field release to owner and impound fee collection for licensed dogs impounded; bite investigations;
2 quarantine activities including home checks of animals involved in bites; inspections of facilities which
3 are required to comply with the vicious dog ordinance; transportation of all injured impounded animals
4 to emergency veterinarians; issuance of citations; impounding of dead animals for disposal; response to
5 service request calls from law enforcement and city officials to assist in areas regarding suspected
6 criminal activities or zoning violations; citizen contacts to give information or advice regarding wildlife
7 or other animal concerns, not to include wildlife eradication or relocation services.
8 b. In house field services activities shall include: assistance to citizens regarding barking
9 dogs and other nuisance complaints; advice regarding wildlife management and other issues which may
10 not require contact in the field by an officer; visits to schools and community groups to provide
11 education regarding wildlife management, responsible pet ownership and other animal control issues.
12 2. ANIMAL CARE SPECIAL SERVICES (Pet and Facility Licensing)
13 a. In keeping with Public Health laws which require the rabies vaccination and licensing
14 of all dogs over four (4) months old, COUNTY shall canvass every residence within the CITY
15 approximately every twenty (20) months to locate and license unlicensed dogs. Licenses shall be sold at
16 the residence; enforcement officers will follow-up on problems when necessary. Nothing in this
17 Agreement prohibits other methods for the sale of dog licenses by CITY or COUNTY.
18 b. All animal -related businesses in the jurisdiction shall be inspected twice each year and
19 in response to any complaints received to assure that facilities meet required standards. Appropriate
20 notification shall be given to CITY. In those cities which allow animal permits for private homes,
21 permits shall be issued with the approval of CITY following neighborhood investigation and inspection
22 of the home to assure that the residence has adequate facilities to maintain the requested number of
23 animals. Pet license renewals shall be processed through an automated renewal system. COUNTY will
24 process renewals and answer telephone and in-person questions regarding licensing requirements.
25 c. Low cost vaccination clinics, coordinated by Animal Care staff, will be held throughout
26 the year in various locations in the County in cooperation with the Veterinary Association.
27 3. ANIMAL CARE SHELTER SERVICES
28 a. Shelter shall receive animals from the public 365 days a year from 7:00 a.m. until
29 11:00 p.m. Stray animals shall be accepted without charge. Owners who release their animals will be
30 charged a fee. The Shelter shall be open to the public to locate lost pets or for pet adoption during hours
31 designated by COUNTY. A low cost vaccination clinic will be held the first Tuesday of each month, or
32 at such other time as designated by COUNTY, at the Shelter.
33 b. The Shelter shall retain dogs, cats and all other impounded animals in accordance with
34 state law. Animals will be kept on public display to allow owner identification. When animals are
35 wearing identification, owners will be contacted by telephone and by mail. If animals are not redeemed
36 by their owners and adoption holds have not been placed, some may be made available for adoption for
37 !!
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1 an additional time period on a space available basis. Those which are neither redeemed nor adopted will
2 be euthanized and carcasses disposed of.
3 c. 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) days advance notice.
5 Such service will be provided to CITY upon written approval of COUNTY'S Health Care Agency
6 Director or designee. If agreed to, additional animal retention days will be offered on a space available
7 basis only. CITY shall pay charges for additional retention days as defined in the Payments paragraph of
8 Exhibit A to this Agreement.
9 d. Veterinary services shall be available seven (7) days a week. Veterinary staff shall
10 perform required euthanasia by lethal injection. Necropsies shall be performed on animals which die
11 under suspicious circumstances and at the request of law enforcement.
12 B. COUNTY shall furnish and supply all necessary labor, supervision, equipment, and supplies to
13 provide the services described in this Agreement. In all instances wherein special supplies, stationery,
14 notices, forms and the like are issued in the name of CITY, the same shall be supplied by CITY at its
15 own expense.
16 C. The method by which services are provided, the standard of performance, any other matters
17 incidental to the performance of such services, and the control of personnel so employed, shall be
18 determined by COUNTY. In the event of a dispute between the parties as to the extent of the duties and
19 functions to be provided hereunder, or the level and manner of performance of such services, the parties
20 shall meet in good faith to resolve their differences. In the event of an impasse, the decision of
21 COUNTY'S Health Care Agency Director or designee shall be final.
22 D. To facilitate the performance of services hereunder, COUNTY shall have full cooperation and
23 assistance from CITY, its officers, agents and employees.
24 E. If agreeable to both parties, additional services may be rendered by COUNTY and paid for by
25 CITY.
26 F. COUNTY agrees to maintain its animal shelter in a humane manner and keep said premises in a
27 clean condition at all times, and that all services furnished by it hereunder shall be in accordance with
28 the laws of the State of California, and that it will give required notices and use humane methods of care
29 and destruction of any animal coming under its jurisdiction.
30 G. ANIMALS RETAINED FOR CRIMINAL PROSECUTION - Animals which are being retained
31 in criminal prosecutions, except for violations of Animal Control regulations and/or ordinances pursuant
32 to the Agreement, are not to be construed as held pursuant to the services provided under this
33 Agreement; housing will be done at the discretion of COUNTY and at COUNTY'S usual and customary
34 charges for such housing.
35
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EXHIBIT B
TO AGREEMENT WITH
CITY OF SAN JUAN CAPISTRANO
ANIMAL CARE SERVICES
FISCAL YEAR 2004 - 2005
CONFIDENTIALITY AGREEMENT
I, the undersigned, am the person in charge of
On behalf of the CITY OF SAN JUAN CAPISTRANO, I hereby agree that any documents provided
to the CITY OF SAN JUAN CAPISTRANO by the Orange County Health Care Agency, Animal Care
Services, pertaining to the addresses of each licensed pet will be kept confidential and will be used only
for purposes that are consistent with existing law.
I authorized the following persons to obtain the information requested:
Name
Dated:
(signature)
(title)
XACONTRACT 2004+Animal Care Srvs Master-04-05-HH.Doc
loft
Title
EXHIBIT B
ACSIKKO5
Excellence
r- )kexrity
Service
January 14, 2005
0 r
COUNTY OF ORANGE JULIETTE A. POULSON, RN, MN
HEALTH CARE AGENCY DIRECTOR
MIKE SPURGEON
DEPUTY AGENCY DIRECTOR
REGULATORY HEALTH SERVICES REGULATORY HEALTH SERVICES
ANIMAL CARE SERVICES
JENNIFER PHILLIPS
DIRECTOR
ANIMAL CARE SERVICES
City of San Juan Capistrano
Meg Monahan, City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Agreement for Provision of Animal Care Services
Dear Ms. Monahan,
MAILING ADDRESS:
581 THE CITY DRIVE SOUTH
ORANGE, CA 92888
TELEPHONE: (714) 935-8848
FAX: (714)935-8373
Enclosed please find one (1) original of the above referenced document, which was approved by
your City Council, returned to the County and has been signed and is now being returned to you
for your records.
If you have any questions regarding these documents, please contact the Director of Animal Care
Services, Jennifer Phillips at (714) 935-7107.
Sincerely,
IL�)'
Natalie Silva
Administrative Assistant
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
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TRANSMITTAL
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L. BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
TO: Jennifer Phillips, Director
Orange County Animal care Services
561 The City Drive South
Orange, CA 92868
FROM: Meg Monahan, City Clerk
RE: Agreement for provision of animal c re s ices between the County of
Orange and City of San Juan Capistra kcal Year 2004-2005
DATE: November 19, 2004
Enclosed, please find (3) original, executed agreements per your request of October 14,
2004.
Please return (1) original agreement to my attention, following processing by your
agenda.
If you have any questions regarding the terms of agreement, please contact the project
manager, Michael Cantor, Senior Management Analyst (949) 234-4565.
If you have questions regarding execution and transmittal of the agreement, please
contact me at (949) 443-6308.
Thank you
San Juan Capistrano: Preserving the Past to Enhance the Future
iExcellence
rtes ity
Service
October 14, 2004
COUNTY OF ORANGE
HEALTH CARE AGENCY
REGULATORY HEALTH SERVICES
ANIMAL CARE SERVICES
City of San Juan Capistrano
Michael Cantor, Senior Management Analyst
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: FY 2004-05 Animal Care Services Agreement
Dear Mr. Cantor,
JULIETTE A. POULSON, RN, MN
DIRECTOR
MIKE SPURGEON
DEPUTY AGENCY DIRECTOR
REGULATORY HEALTH SERVICES
JENNIFER PHILLIPS
DIRECTOR
ANIMAL CARE SERVICES
MAILING ADDRESS:
581 THE CITY DRIVE SOUTH
ORANGE, CA 92988
TELEPHONE: (714) 935-6848
FAX: (714) 935-8373
Please find attached the FY 2004-05 Animal Care Services Agreement between the County of
Orange and the City of San Juan Capistrano. Please obtain the necessary approvals and required
signatures on each of the three original signature pages enclosed. We are requesting that all
three agreements with the completed signature pages be returned no later than December 10,
2004, to Jennifer Phillips, Director, Orange County Animal Care Services, 561 The City Drive
South, Orange, CA 92868.
A confidentiality agreement, (see Exhibit B) as referred to in section IV "Records" has been
included to facilitate records requests from your city as required by the Public Records Act.
Sincerely,
ennifips
Director
Enclosure
cc: Mike Spurgeon, Deputy Agency Director, Regulatory Health Services
Jason Brown, Program Analyst, Regulatory Health Services
OCT 18 2004
0 11/16/2004
AGENDA REPORT
TO: David F. Adams, City Manager Ck-.
FROM: Michael Cantor, Senior Management Analyst
SUBJECT: Consideration of Agreement for Provisions of Animal Care Services with
the County of Orange for Fiscal Year 2004-2005.
RECOMMENDATION:
By motion, approve the Agreement with the Orange County Animal Care Services for
Fiscal Year 2004-2005 in an adjusted provisional amount of $53,446 and authorize the
Mayor to execute the Agreement.
SITUATION:
The City of San Juan Capistrano has contracted with County of Orange for Animal Care
Services since the City incorporated. The County of Orange currently provides animal
care services to twenty-two cities as well as the unincorporated areas of the county.
The majority of services are for domestic animals, not wildlife. The services include
animal impounds, rescues and sheltering, licensing, emergency response, field
investigations and quarantine actions.
Capistrano Animal Rescue Effort (CARE) is a 501 (c)3 non-profit comprised of over 500
volunteers. The organization is committed to finding homes for unwanted San Juan
Capistrano animals. Their efforts augment the services of the county by giving strays a
second chance at adoption. All animals picked up by the county in San Juan
Capistrano are held for the state mandated five day retention period. At the end of the
retention period they are offered to CARE for fostering. CARE is in the process of
building their permanent adoption center in the City.
The services provided by Orange County Animal Care Services during the previous
contract year have met the intent of the Agreement. The Agreement with the county
has proven to be a cost-effective way for the City to meet its animal care obligation.
Except in Exhibit A, Section V., page 4, which provides for timely Service Reports and
Fiscal Reports, the Agreement (Attachment 1) does not differ from the previous year's
Agreement. Staff has reviewed the Agreement and is recommending the City Council
approve the Agreement for the fiscal year 2004-2005.
0 0
Agenda Report November 16, 2004
Page 2
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS
None.
FINANCIAL CONSIDERATIONS:
The cost (provisional payment) of animal care services is estimated by the county
based on the previous year's service activity plus anticipated growth. The estimated
gross expenses are reduced by the expected revenues from impound and licensing
fees. The difference between the estimated cost and the year's actual costs, is treated
as either an increase or decrease in the following year's adjusted provisional payment.
The provisional payment to the county for FY 2004-05 is $65, 359. The payment for FY
2004-05 services are adjusted by the FY 2002-2003 credit of $11, 913. The resulting
adjusted provisional payment is $53, 446, and has been budgeted for FY 2004-05
Discussions are still underway for the relocation of the County's Animal Shelter and
funds are not included in this year's budget.
NOTIFICATION:
Orange County Animal Care Services
Capistrano Animal Rescue Effort (CARE)
RECOMMENDATION:
By motion, approve the Agreement with the Orange County Animal Care Services for
Fiscal Year 2004-2005 in an adjusted provisional amount of $53,446 and authorize the
Mayor to execute the Agreement.
Respectfully submitted,
Michael Cantor
Senior Management Analyst
Attachment:
1. Agreement for Provision of Animal Care Services
0 0
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 2004 - 2005
8
9 THIS AGREEMENT entered into this 1st day of July, 2004, 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
11 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).
14
15 WITNESSETH:
16
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:
22
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PARAGRAPH
TitlePage.........................................................................
Contents...........................................................................
Referenced Contract Provisions ......................................
I. Alteration of Terms.........................................................
II. Indemnification................................................................
III. Notices.............................................................................
IV. Severability......................................................................
V. Status of the Parties.........................................................
VI. Term.................................................................................
VII. Temnination.....................................................................
VIII. Third Party Beneficiary ...................................................
IX. Waiver of Default or Breach ...........................................
SignaturePage.................................................................
EXHIBIT A
I. Conformity of Laws or Regulations ................................
H. Financial/Operational Advisory Board ...........................
M. Payments..........................................................................
IV. Records............................................................................
V. Reports.............................................................................
VI. Services to be Provided by County .................................
EXHIBIT B
Confidentiality Agreement—....
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REFERENCED CONTRACT PROVISIONS
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Term:
July 1, 2004 through June 30, 2005
4
5
Notices to COUNTY and CITY:
6
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COUNTY: County of Orange
g
Health Care Agency
9
Deputy Agency Director for Regulatory Health Services
405 West 5th Street, 7th Floor
10
Santa Ana, CA 92701-4637
11
and
12
County of Orange
13
Health Care Agency
Contract Development and Management
14
405 West 5th Street, Suite 600
15
Santa Ana, CA 92701-4637
16
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CITY:
Michael Cantor
18
Senior Management Analyst
City of San Juan Capistrano
19
32400 Paseo Adelanto
20
San Juan Capistrano, CA 92675
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I I. ALTERATION OF TERMS
2 This Agreement, together with Exhibits A and B attached hereto and incorporated herein by
3 reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of
4 this Agreement, and shall constitute the total Agreement between the parties for these purposes. No
5 addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless
6 made in writing and formally approved and executed by both parties.
7
8 H. INDEMNIFICATION
9 A. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or
10 liability occurring by reason of anything done or omitted to be done by CITY under or in connection
11 with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood
12 and agreed to that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and
13 hold COUNTY harmless from any liability imposed for injury (as defined in Government Code
14 Section 810.8), including attorneys fees and costs, occurring by reason of anything done or omitted to be
15 done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under
16 this Agreement.
17 B. Neither CITY nor any officer or employee thereof shall be responsible for any damage or
I8 liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection
19 with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is also
20 understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully defend,
21 indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government
22 Code Section 810.8), including attorneys fees and costs, occurring by reason of anything done or omitted
23 to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to
24 COUNTY under this Agreement.
25
26 III. NOTICES
27 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements
28 authorized or required by this Agreement shall be effective:
29 1. When written and deposited in the United States mail, first class postage prepaid and
30 addressed as specified on page 3 of this Agreement or otherwise directed by ADMINISTRATOR; or
31 2. When faxed, transmission confirmed;
32 3. When sent by electronic mail; or
33 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel
34 Service, or other expedited delivery service.
35 B. Termination Notices shall be addressed as specified on page 3 of this Agreement or otherwise
36 directed by ADMINISTRATOR and shall be effective when faxed, transmission confirmed, or when
37
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1 accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other
2 expedited delivery service.
3 C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming
4 aware of any occurrence of a serious nature which may expose either party to liability. Such occurrences
5 shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any
6 County property in possession of CITY.
7 D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by
8 ADMINISTRATOR.
9
10 IV. SEVERABILITY
11 If a court of competent jurisdiction declares any provision of this Agreement or application thereof
12 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any
13 federal, state, or county statute, ordinance, or regulation, the remaining provisions of this Agreement or
14 the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain
15 in full force and effect, and to that extent the provisions of this Agreement are severable.
16
17 V. STATUS OF THE PARTIES
18 COUNTY shall at all times be deemed to be an independent contractor and shall be wholly
19 responsible for the manner in which it performs its duties under this Agreement. Nothing herein
20 contained shall be construed as creating the relationship of employer and employee, or principal and
21 agent, between CITY and COUNTY or any of their respective agents, subcontractors, or employees.
22 COUNTY assumes exclusively the responsibility for the acts of its employees. COUNTY and its
23 employees shall not be entitled to any rights and/or privileges of CITY employees, and shall not be
24 considered in any manner to be CITY'S employees. Likewise, CITY assumes exclusively the
25 responsibility for the acts of its employees, and they shall not be considered in any manner to be
26 COUNTY S employees.
27
28 VI. TERM
29 A. The term of this Agreement shall commence and terminate as specified on page 3 of this
30 Agreement, unless otherwise sooner terminated as provided in this Agreement; provided, however,
31 COUNTY shall be obligated to perform such duties as would normally extend beyond this term,
32 including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting
33 and accounting.
34 B. The term of this Agreement shall be automatically extended for a 180 -day period through
35 December 31, 2005, if a successor Agreement between the parties is not in force by July 1, 2005, and no
36 notice of non -renewal has been given by either CITY or COUNTY in accordance with the Termination
37 paragraph of this Agreement.
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I C. If either party determines not to renew this Agreement, a minimum of six (6) months' written
2 notice shall be given to the other party.
3
4 VII. TERMINATION
5 A. If either party determines not to renew this Agreement, written notice shall be given to the other
6 party no later than December 31, 2004.
7 B. Any obligation of COUNTY under this agreement is contingent upon the following:
8 1. Inclusion of sufficient funding for the services hereunder in the applicable budgets approved
9 by the Board of Supervisors.
10 2. In the event such funding is subsequently reduced or terminated, COUNTY may terminate
11 this agreement upon thirty (30) days written notice given to CITY.
12
13 VIII. THIRD PARTY BENEFICIARY
14 Neither party hereto intends that this Agreement shall create rights hereunder in third parties
15 including, but not limited to, any subcontractors or any clients provided services hereunder.
16
17 IX. WAIVER OF DEFAULT OR BREACH
18 Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any
19 breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach.
20 Waiver of any default or any breach shall not be considered a modification of the terms of this
21 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: tic.
JULZM A. POUMN, RN, MN
DMEC- , HEALTH CARE AGENCY
CITY OF SAN JUAN CAPISTRANO
a municipal corporation
II."
I ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Date
Date
APPROVED AS TO FORM:
CITY ATTORNEY
BY:;/l�1t"""'est- S BY:/ ed/�9fd�
B�PUTY Date Date I{
XACONTRACT 2004+4Animal Care Sms Muter-04-05-HH.Dm
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ACSIKKO5
11
E
I EXHIBIT A
2 TO AGREEMENT WITH
3 CITY OF SAN JUAN CAPISTRANO
4 ANIMAL CARE SERVICES
5 FISCAL YEAR 2004 - 2005
6
7 I. CONFORMITY OF LAWS OR REGULATIONS
g A. Notwithstanding anything to the contrary herein contained, this Agreement shall terminate at
9 any time that CITY fails to enact, and to maintain in full force and effect an ordinance identical in intent
10 to the provisions of Article 1 through 10 of Division I of Title 4, and Divisions 1, 2, and 3 of Title 5 of
11 the Codified Ordinances of the County of Orange, and other regulations presently adopted by the Orange
12 County Board of Supervisors concerning animal control, including those which relate to fees. This
13 Agreement shall also terminate if CITY does not enact the same amendments to its Municipal Code as
14 those adopted by COUNTY'S Board of Supervisors regarding animal control within sixty (60) days after
15 a request to do so by COUNTY'S Health Care Agency Director or designee.
16 B. If CITY is considering adopting an ordinance and requesting its enforcement by COUNTY,
17 COUNTY'S Health Care Agency Director or designee may provide assistance to CITY in defining the
lg manner in which the proposed ordinance enforcement would be provided by COUNTY. COUNTY will
19 provide such services when a written request is received sixty (60) days prior to the requested
20 implementation of the service upon the written approval of COUNTY'S Health Care Agency Director or
21 designee. The manner and extent to which services are provided in response to such a request shall be
22 determined by COUNTY'S Health Care Agency Director or designee and will only be provided if the
23 cost of such services can be delineated and accommodated under the provisions of the Payments
24 Paragraph of Exhibit A to this Agreement.
25 C. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY when
26 written request for exclusion is received sixty (60) days prior to the requested exclusion upon the written
27 approval of COUNTY'S Health Care Agency Director or designee. Such requests will only be
28 considered provided they are not in conflict with State statutes or do not endanger the public health.
29 COUNTY'S Health Care Agency Director or designee, acting on behalf of COUNTY, may use
30 discretion and need not request CITY to adopt amendments which do not apply to CITY.
31
32 II. FINANCIAL/OPERATIONAL ADVISORY BOARD
33 The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY'S
34 Director of Animal Care Services on financial and operational matters and to assess cost recovery
35 options for future years. The Financial/Operational Advisory Board shall be made up of seven (7)
36 members, four (4) members appointed by the Orange County League of Cities and three (3) members
37 appointed by COUNTY.
1 of 6 EXHIBIT A
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L
1 III. PAYMENTS
2 A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual costs of providing Animal
3 Care Services.
4 B. PAYMENT METHOD
5 1. In consideration for the Animal Care Services provided by COUNTY during the term of
6 this Agreement, CITY shall make a Fiscal Year (FY) 2004-05 Provisional Payment to COUNTY in the
7 amount of $65,359. This payment for FY 2004-05 services shall be adjusted by a FY 2002 -2003 credit
g of $11,913, resulting in a total adjusted Provisional Payment of $53,446. This payment shall be adjusted
9 as described in subparagraph III.E., below.
10 2. The Provisional Payment shall be paid to COUNTY in four (4) installments, each equal to
11 twenty-five percent (25%) of the total combined adjusted Provisional Payment. The first installment is
12 due September 30, 2004, the second is due December 31, 2004, the third is due March 31, 2005, and the
13 fourth is due June 30, 2005.
14 3. If payment is not received by COUNTY within thirty (30) days after the due date,
15 COUNTY may cease providing any further service under this Agreement and may satisfy the
16 indebtedness in any manner prescribed by law.
17 4. CITY shall not be called upon to assume any liability for the direct payment of any salaries,
18 wages or other compensation to any COUNTY personnel performing services hereunder for COUNTY,
19 or any liability other than provided for in the Agreement. CITY shall not be liable for compensation or
20 indemnity to any COUNTY employee for injury or sickness arising out of his or her employment.
21 5. ' In the event this Agreement is extended in accordance with the Term paragraph of this
22 Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to
23 one -twelfth (1/12) of the FY 2004-05 adjusted Provisional Payment amounts shown in
24 subparagraph III.B.1. above. Such payments shall be due no later than thirty (30) days after the month in
25 which services were provided.
26 C. DETERMINATION OF ACTUAL COST OF SERVICES
27 1. COUNTY agrees to collect and maintain expenditure and workload data to be used to
28 determine the actual cost of Animal Care Services provided to CITY during the term of this Agreement.
29 2. CITY'S Actual Cost of Animal Care Field Services shall be determined by applying
30 CITY'S percentage of the total Field Actions provided by COUNTY to COUNTY'S Total Actual
31 Expenditures (including indirect charges) for providing all Animal Care Field Services within
32 COUNTY.
33 3. CITY'S Actual Cost of Animal Care Special Services shall be determined by applying
34 CITY'S percentage of the total animal licenses sold by COUNTY to COUNTY'S Total Actual
35 Expenditures (including indirect charges) for providing all Animal Care Special Services within
36 COUNTY.
37 //
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XXONTRACT 2004+\Animal Care Sm Master-04-05-11H.Doc ACSIKKO5
1 4. CITY'S Actual Cost of Animal Care Shelter Services shall be determined by applying the
2 CITY'S percentage of animal charge days, for animals impounded from within the corporate limits of
3 CITY and animals received from residents of CITY, to COUNTY'S Total Actual Expenditures
4 (including indirect charges) for providing all Animal Care Shelter Services within COUNTY. An
5 animal charge day is defined as each day or portion of a day that an animal is housed at COUNTY'S
6 Animal Shelter.
7 D. FEE REVENUE
g 1. COUNTY shall have all powers of CITY and shall receive all cooperation possible from
9 CITY to enable efficient enforcement of fee collection. COUNTY shall retain all fees and revenue
10 derived from the enforcement of the CITY Ordinances pertaining to the animal control services provided
11 by COUNTY.
12 2. COUNTY agrees to keep record of and to credit to CITY all license revenue collected from
13 residents of CITY, and all fee revenue generated from animals received from CITY residents or
14 impounded within the corporate limits of CITY. Said revenue credit shall be used to determine the Net
15 Cost of Animal Care Services described in subparagraph M.E. below.
16 E. ADJUSTMENTS TO PROVISIONAL PAYMENT
17 1. CITY'S Combined Actual Costs of Animal Care Services, as described above, shall be
18 reduced by the total amount of license and other fee revenue generated from CITY, as described in
19 subparagraph M.D. above, to determine the Net Cost of Service provided under this Agreement.
20 2. If the Net Cost of Service is less than the Provisional Payment amount indicated in
21 subparagraph M.B.1. above, then COUNTY shall credit the difference to CITY in a subsequent
22 agreement with COUNTY for Animal Care Services. COUNTY agrees to refund the difference if CITY
23 does not enter into a subsequent agreement with COUNTY for Animal Care Services.
24 3. If the Net Cost of Service is greater than the Provisional Payment amount indicated in
25 subparagraph M.B.1. above, then COUNTY shall debit the difference from CITY in a subsequent
26 agreement with COUNTY for Animal Care Services. If CITY does not enter into a subsequent
27 agreement, COUNTY shall invoice CITY for the difference. If payment is not received by COUNTY
28 within sixty (60) days after the invoice is submitted, COUNTY may satisfy the indebtedness in any
29 manner prescribed by law.
30 4. COUNTY agrees to complete the calculation of the Net Cost of Animal Care Services, and
31 to credit or refund any overpayment by CITY, or invoice CITY for the additional amount owed by
32 CITY, on or before December 31, 2005.
33
34 IV. RECORDS
35 All records created or received by COUNTY in connection with the performance of COUNTY
36 services pursuant to this Agreement are confidential. COUNTY agrees to keep such books and records
37 in such form and manner as the Auditor -Controller of COUNTY shall specify. Said books and records
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XACONTRACT 2004+\Animal Can; Srvs Master-04-05-HH.Do ACS1KKO5
1 shall be open for examination by CITY at all reasonable times. Once each year, COUNTY shall deliver
2 to CITY only the addresses of each licensed pet upon demand without additional expense or cost to
3 CITY. Any such information requested which is confidential pursuant to the terms of the Public
4 Records Act shall be released to CITY pursuant to Government Code section 6254.5(e). Prior to each
5 disclosure, CITY agrees to complete and return to COUNTY a "Confidentiality Agreement" similar to
6 that set forth in Exhibit B to this Agreement. The parties agree and understand that this procedure is
7 required by the Public Records Act and necessitated to permit CITY to obtain the information required
8 for its use, and to allow COUNTY to disclose said information without the risk of waiver of the right to
9 refuse to disclose such confidential information to others. Upon receipt by COUNTY, the records
10 requested may be released to the extent COUNTY is in possession of such records, and permitted by
11 state law to disclose them voluntarily.
12
13 V. REPORTS
14 COUNTY agrees to provide CITY with written progress reports during the term of this Agreement
15 as follows:
16 A. SERVICE REPORTS — COUNTY shall provide CITY with annual service reports covering
17 activities and services performed in the execution of this Agreement no later than October 1, 2005.
18 B. FISCAL REPORTS — COUNTY shall provide CITY with mid -year and annual fiscal reports
19 covering all income and expenses incurred in the execution of this Agreement no later than
20 December 31, 2005.
21
22 VI. SERVICES TO BE PROVIDED BY COUNTY
23 A. COUNTY agrees, under the direction of COUNTY'S Health Care Agency Director or designee,
24 to provide Animal Care Services within the corporate limits of CITY. Services provided by COUNTY
25 shall include the enforcement of State statutes deemed applicable to CITY by COUNTY. COUNTY
26 shall not be obligated to enforce any ordinances adopted by CITY except those adopted in compliance
27 with paragraph I of Exhibit A to this Agreement. The level of Animal Care Services to be provided
28 under this Agreement shall be established as those customarily provided to residents of unincorporated
29 areas of the COUNTY. Services shall be provided in the following three categories:
30 1. ANIMAL CARE FIELD SERVICES
31 a. Animal Care Field Services shall be provided seven days a week, 24 hours per day, 365
32 days a year, with the level of service reduced between the hours of 11:00 p.m. and 7:00 a.m. Telephone
33 service request lines shall be answered between 8:00 a.m. and 5:00 p.m. every day, except holidays;
34 lines shall be monitored and responded to on a priority basis on holidays and after 5:00 p.m. Activities
35 include, but are not limited to: patrol of assigned regional areas; impounding of stray dogs or confined
36 stray cats and of owner- released animals; pick up of injured wildlife; cruelty investigations; return of
37 unclaimed animals (following required retention period) to one designated location on behalf of CITY;
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1 field release to owner and impound fee collection for licensed dogs impounded; bite investigations;
2 quarantine activities including home checks of animals involved in bites; inspections of facilities which
3 are required to comply with the vicious dog ordinance; transportation of all injured impounded animals
4 to emergency veterinarians; issuance of citations; impounding of dead animals for disposal; response to
5 service request calls from law enforcement and city officials to assist in areas regarding suspected
6 criminal activities or zoning violations; citizen contacts to give information or advice regarding wildlife
7 or other animal concerns, not to include wildlife eradication or relocation services.
8 b. In house field services activities shall include: assistance to citizens regarding barking
9 dogs and other nuisance complaints; advice regarding wildlife management and other issues which may
10 not require contact in the field by an officer, visits to schools and community groups to provide
11 education regarding wildlife management, responsible pet ownership and other animal control issues.
12 2. ANIMAL CARE SPECIAL SERVICES (Pet and Facility Licensing)
13 a. In keeping with Public Health laws which require the rabies vaccination and licensing
14 of all dogs over four (4) months old, COUNTY shall canvass every residence within the CITY
15 approximately every twenty (20) months to locate and license unlicensed dogs. Licenses shall be sold at
16 the residence; enforcement officers will follow-up on problems when necessary. Nothing in this
17 Agreement prohibits other methods for the sale of dog licenses by CITY or COUNTY.
18 b. All animal -related businesses in the jurisdiction shall be inspected twice each year and
19 in response to any complaints received to assure that facilities meet required standards. Appropriate
20 notification shall be given to CITY. In those cities which allow animal permits for private homes,
21 permits shall be issued with the approval of CITY following neighborhood investigation and inspection
22 of the home to assure that the residence has adequate facilities to maintain the requested number of
23 animals. Pet license renewals shall be processed through an automated renewal system. COUNTY will
24 process renewals and answer telephone and in-person questions regarding licensing requirements.
25 c. Low cost vaccination clinics, coordinated by Animal Care staff, will be held throughout
26 the year in various locations in the County in cooperation with the Veterinary Association.
27 3. ANIMAL CARE SHELTER SERVICES
28 a. Shelter shall receive animals from the public 365 days a year from 7:00 a.m. until
29 11:00 p.m. Stray animals shall be accepted without charge. Owners who release their animals will be
30 charged a fee. The Shelter shall be open to the public to locate lost pets or for pet adoption during hours
31 designated by COUNTY. A low cost vaccination clinic will be held the first Tuesday of each month, or
32 at such other time as designated by COUNTY, at the Shelter.
33 b. The Shelter shall retain dogs, cats and all other impounded animals in accordance with
34 state law. Animals will be kept on public display to allow owner identification. When animals are
35 1 wearing identification, owners will be contacted by telephone and by mail. If animals are not redeemed
36 by their owners and adoption holds have not been placed, some may be made available for adoption for
37 //
5 of 6 EXHIBIT A
XACON7RACr 2004+\Animal Cate Sry Mmw-04-05-HH.Doc ACSIKKOS
1 an additional time period on a space available basis. Those which are neither redeemed nor adopted will
2 be euthanized and carcasses disposed of.
3 c. 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) days advance notice.
5 Such service will be provided to CITY upon written approval of COUNTY'S Health Care Agency
6 Director or designee. If agreed to, additional animal retention days will be offered on a space available
7 basis only. CITY shall pay charges for additional retention days as defined in the Payments paragraph of
g Exhibit A to this Agreement.
9 d. Veterinary services shall be available seven (7) days a week. Veterinary staff shall
10 perform required euthanasia by lethal injection. Necropsies shall be performed on animals which die
11 under suspicious circumstances and at the request of law enforcement.
12 B. COUNTY shall furnish and supply all necessary labor, supervision, equipment, and supplies to
13 provide the services described in this Agreement. In all instances wherein special supplies, stationery,
14 notices, forms and the like are issued in the name of CITY, the same shall be supplied by CITY at its
15 own expense.
16 C. The method by which services are provided, the standard of performance, any other matters
17 incidental to the performance of such services, and the control of personnel so employed, shall be
18 determined by COUNTY. In the event of a dispute between the parties as to the extent of the duties and
19 functions to be provided hereunder, or the level and manner of performance of such services, the parties
20 shall meet in good faith to resolve their differences. In the event of an impasse, the decision of
21 COUNTY'S Health Care Agency Director or designee shall be final.
22 D. To facilitate the performance of services hereunder, COUNTY shall have full cooperation and
23 assistance from CITY, its officers, agents and employees.
24 E. If agreeable to both parties, additional services may be rendered by COUNTY and paid for by
25 CITY.
26 F. COUNTY agrees to maintain its animal shelter in a humane manner and keep said premises in a
27 clean condition at all times, and that all services furnished by it hereunder shall be in accordance with
28 the laws of the State of California, and that it will give required notices and use humane methods of care
29 and destruction of any animal coming under its jurisdiction.
30 G. ANIMALS RETAINED FOR CRIMINAL PROSECUTION - Animals which are being retained
31 in criminal prosecutions, except for violations of Animal Control regulations and/or ordinances pursuant
32 to the Agreement, are not to be construed as held pursuant to the services provided under this
33 Agreement; housing will be done at the discretion of COUNTY and at COUNTY'S usual and customary
34 charges for such housing.
35 //
36
37 //
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XACONTRACT 2004+Animal Care Sms Master-04-05-HH.Doc
EXHIBIT A
ACSI KKO5
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EXHIBIT B
TO AGREEMENT WTIH
CITY OF SAN JUAN CAPISTRANO
ANIMAL CARE SERVICES
FISCAL YEAR 2004 - 2005
CONFIDENTIALITY AGREEMENT
I, the undersigned, am the person in charge of
On behalf of the CITY OF SAN JUAN CAPISTRANO, I hereby agree that any documents provided
to the CITY OF SAN JUAN CAPISTRANO by the Orange County Health Care Agency, Animal Care
Services, pertaining to the addresses of each licensed pet will be kept confidential and will be used only
for purposes that are consistent with existing law.
I authorized the following persons to obtain the information requested:
V�S11
Dated:
(signature)
(title)
KNCONTRACT 2004+1Animal Care Sms Master-0"5-HH.Doc
1 of 1
Title
EXHIBIT B
ACSIXK05
0
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on November 16, 2004
in the City Council Chamber in City Hall, to consider: "Consideration of Agreement
for Provisions of Animal Care Services with the County of Orange for Fiscal Year
2004-2005" — Item No. D4
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, November 15, 2004 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue 'Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Michael Cantor,
Senior Management Analyst. You may contact that staff member at (949) 234-4565
with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-agendasCa)sanivancapistrano.org.
Meg Monahan, CMC
City Clerk
cc: Orange County Animal Care Services; CARE; Michael Cantor, Senior
Management Analyst
Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
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32400 PASEO ADELANTO
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MEMBERS OF THE
CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675
(949) 493-+171
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SAM LE ATO
(949) 493-1053 FAX
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NOTIFICATION OF M
OTENTIAL INTEREST
DAVID M. SWERDLIN
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on November 16, 2004
in the City Council Chamber in City Hall, to consider: "Consideration of Agreement
for Provisions of Animal Care Services with the County of Orange for Fiscal Year
2004-2005" — Item No. D4
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, November 15, 2004 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue 'Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Michael Cantor,
Senior Management Analyst. You may contact that staff member at (949) 234-4565
with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-agendasCa)sanivancapistrano.org.
Meg Monahan, CMC
City Clerk
cc: Orange County Animal Care Services; CARE; Michael Cantor, Senior
Management Analyst
Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future