05-0701_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 2005 - 2006
THIS AGREEMENT entered into this 1 st day of July 2005, 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
PAGE
TitlePage.................................................................................................................................
Contents...................................................................................................................................
Referenced Contract Provisions..............................................................................................
I. Alteration of Terms.................................................................................................................
U. Indemnification........................................................................................................................
III. Notices.....................................................................................................................................
IV. Severability..........................................................................................................I...................
V. Status of the Parties.................................................................................................................
VI. Tenn.........................................................................................................................................
VII. Termination.............................................................................................................................
VIII. Third Party Beneficiary ...........................................................................................................
IX. Waiver of Default or Breach...................................................................................................
SignaturePage.........................................................................................................................
EXHIBIT A
I. Conformity of Laws or Regulations............................................................................
II. Financial/Operational Advisory Board.......................................................................
M. Payments......................................................................................................................
IV. Records........................................................................................................................
V. Reports.........................................................................................................................
VI. Services to be Provided by County .............................................................................
EXHIBIT B
Type of Animal Care Service ...................................
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REFERENCED CONTRACT PROVISIONS
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Term: July 1, 2005 through June 30, 2006
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Notices to COUNTY and CITY:
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COUNTY: County of Orange
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Health Care Agency
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Deputy Agency Director for Regulatory Health Services
405 West 5th Street, 7th Floor
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Santa Ana, CA 92701-4637
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and
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County of Orange
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Health Care Agency
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Contract Development and Management
405 West 5th Street, Suite 600
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Santa Ana, CA 92701-4637
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CITY: David Adams
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City Manager
City of San Juan Capistrano
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32400 Paseo Adelanto
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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 I1. 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 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
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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
g 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 V1. 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, 2006, if a successor Agreement between the parties is not in force by July 1, 2006, 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, 2005.
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.
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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: ( nn 10
ccr
IETPE A. POULSON, RN, NIN
DIRECTOR, HEALTH CARE AGENCY
CITY OF SAN JUAN CAPISTRANO
a municipal corporation
7 -4 -or
DATE
BY: q /,-v O
Wyat art, YOR I DATE
ATTEST:
CITY CLERK DA E
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY 1 .543-40S
DEPUTY DATE
XACONTRACT 2005\Animal Care Services-Master-05-06-HH.Dm
APPROVED AS TO FORM:
CITY ATTORNEY
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I EXHIBIT A
2 TO AGREEMENT WITH
3 CITY OF SAN JUAN CAPISTRANO
4 ANIMAL CARE SERVICES
5 FISCAL YEAR 2005 - 2006
6
7 I. CONFORMITY OF LAWS OR REGULATIONS
8 A. If CITY is not the City of La Habra or the City of Santa Ana, CITY agrees to the following
9 Conformity of Laws or Regulations:
10 1. Notwithstanding anything to the contrary herein contained, this Agreement shall terminate
11 at any time that CITY fails to enact, and to maintain in full force and effect an ordinance identical in
12 intent to the provisions of Article 1 through 10 of Division 1 of Title 4, and Divisions 1, 2, and 3 of Title
13 5 of the Codified Ordinances of the County of Orange, and other regulations presently adopted by the
14 Orange County Board of Supervisors concerning animal control, including those which relate to fees.
15 This Agreement shall also terminate if CITY does not enact the same amendments to its Municipal Code
16 as those adopted by COUNTY'S Board of Supervisors regarding animal control within sixty (60) days
17 after a request to do so by COUNTY'S Health Care Agency Director or designee.
18 2. If CITY is considering adopting an ordinance and requesting its enforcement by COUNTY,
19 COUNTY'S Health Care Agency Director or designee may provide assistance to CITY in defining the
20 manner in which the proposed ordinance enforcement would be provided by COUNTY. COUNTY will
21 provide such services when a written request is received sixty (60) days prior to the requested
22 implementation of the service upon the written approval of COUNTY'S Health Care Agency Director or
23 designee. The manner and extent to which services are provided in response to such a request shall be
24 determined by COUNTY'S Health Care Agency Director or designee and will only be provided if the
25 cost of such services can be delineated and accommodated under the provisions of the Payments
26 paragraph of Exhibit A to this Agreement.
27 3. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY
28 when written request for exclusion is received sixty (60) days prior to the requested exclusion upon the
29 written approval of COUNTY'S Health Care Agency Director or designee. Such requests will only be
30 considered provided they are not in conflict with State statutes or do not endanger the public health.
31 COUNTY'S Health Care Agency Director or designee, acting on behalf of COUNTY, may use
32 discretion and need not request CITY to adopt amendments, which do not apply to CITY.
33 B. If CITY is the City of La Habra or the City of Santa Ana, CITY agrees to the following
34 Conformity of Laws or Regulations:
35 I. CITY shall, during the term of this Agreement, follow COUNTY'S ordinance including any
36 amendments, relating to the redemption and disposal of impounded animals. In addition, CITY shall
37 adopt a fee schedule relating to the redemption and disposal of impounded animals, which shall be
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identical to the COUNTY fee schedule, including any amendments thereto. COUNTY shall notify
CITY of any amendments to the COUNTY ordinance and fee schedule, and CITY shall adopt the same
within thirty (30) days of such notice.
2. CITY shall comply with administrative procedures adopted by COUNTY designed to
document the receipt of an animal by COUNTY, including the execution of receipts and animal history
records.
II. FINANCIALIOPERATIONAL ADVISORY BOARD
The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY'S
Director of Animal Care Services 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 (7)
members, four (4) members appointed by the Orange County League of Cities and three (3) members
appointed by COUNTY.
III. PAYMENTS
A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual costs of providing Animal
Care Services specified in Exhibit B to this Agreement.
B. PAYMENT METHOD
1. In consideration for the Animal Care Services provided by COUNTY during the term of
this Agreement, CITY shall make a Fiscal Year (FY) 2005-06 Provisional Payment to COUNTY in the
amount of $70,099. This payment for FY 2005-06 services shall be adjusted by a
FY 2003-04 Credit of $11,375, resulting in a total adjusted Provisional Payment of $58,725. This
payment shall be adjusted as described in subparagraph III.E., below.
2. If CITY is the City of La Habra and COUNTY provides Animal Care Services for animals
impounded within the corporate limits of the City of Buena Park during the term of this Agreement,
CITY shall make an additional FY 2005-06 Provisional Payment to COUNTY in the amount of
$121,728. This payment for FY 2005-06 services shall be adjusted by a FY 2003-04 Credit of $20,752,
resulting in a total adjusted Provisional Payment of $100,976. This payment shall be adjusted as
described in subparagraph III.E., below.
3. The Provisional Payment shall be paid to COUNTY in four (4) installments; each equal to
twenty-five percent (25%) of the total combined adjusted Provisional Payment. The first installment is
due September 30, 2005, the second is due December 31, 2005, the third is due March 31, 2006, and the
fourth is due June 30, 2006.
4. 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 and may satisfy the
indebtedness in any manner prescribed bylaw.
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EXHIBIT A
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1 5. CITY shall not be called upon to assume any liability for the direct payment of any salaries,
2 wages or other compensation to any COUNTY personnel performing services hereunder for COUNTY,
3 or any liability other than provided for in the Agreement. CITY shall not be liable for compensation or
4 indemnity to any COUNTY employee for injury or sickness arising out of his or her employment.
5 6. In the event this Agreement is extended in accordance with the Term paragraph of this
6 Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to
7 one -twelfth (1{12) of the FY 2005-06 adjusted Provisional Payment amounts shown in
8 subparagraph III.B.I.and M.B.2. above. Such payments shall be due no later than thirty (30) days after
9 the month in which services were provided.
10 C. DETERMINATION OF ACTUAL COST OF SERVICES
11 1. COUNTY agrees to collect and maintain expenditure and workload data to be used to
12 determine the actual cost of Animal Care Services provided to CITY during the term of this Agreement.
13 2. CITY'S Actual Cost of Animal Care Field Services to CITY shall be determined by
14 applying CITY'S percentage of the total Field Actions provided by COUNTY to COUNTY'S Total
15 Actual Expenditures (including indirect charges) for providing all Animal Care Field Services within
16 County.
17 3. CITY'S Actual Cost of Animal Care Special Services to CITY shall be determined by
18 applying CITY'S percentage of the total animal licenses sold by COUNTY to COUNTY'S Total Actual
19 Expenditures (including indirect charges) for providing all Animal Care Special Services within County.
20 4. CITY'S Actual Cost of Animal Care Shelter Services to CITY shall be determined by
21 applying the CITY'S percentage of animal charge days, for animals impounded from within the
22 corporate limits of CITY and animals received from residents of CITY, to COUNTY'S Total Actual
23 Expenditures (including indirect charges) for providing all Animal Care Shelter Services within County.
24 An animal charge day is defined as each day or portion of a day that an animal is housed at COUNTY'S
25 Animal Shelter. If CITY is the City of La Habra, CITY'S percentage of animal charge days shall include
26 City of Buena Park animal charge days.
27 5. CITY'S Actual Cost of Animal Care License Processing Services to CITY shall be
28 determined by applying CITY'S percentage of License Processing Services to COUNTY'S Total Actual
29 Expenditures (including indirect charges) for providing all Animal Care License Processing Services
30 within County. If CITY is the City of La Habra, CITY'S percentage of License Processing Services shall
31 include License Processing Services provided by COUNTY to City of Buena Park.
32 6. CITY'S Actual Cost of Animal Care Impound Processing Services to CITY shall be
33 determined by applying CITY'S percentage of Animal Care Impound Processing Services to
34 COUNTY'S Total Actual Expenditures (including indirect charges) for providing all Animal Care
35 Impound Processing Services within County. If CITY is the City of La Habra, CITY'S percentage of
36 Impound Processing Services shall include Impound Processing Services provided by COUNTY to City
37 of Buena Park.
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I D. FEE REVENUE
2 1. COUNTY shall have all fee collection powers of CITY and shall receive all cooperation
3 possible from CITY to enable efficient enforcement of fee collection. COUNTY shall retain all fee
4 revenue derived from the enforcement of the ordinances pertaining to Animal Care Services provided by
5 COUNTY.
6 2. If CITY is not the City of La Habra, COUNTY agrees to keep record of and to credit to
7 CITY all fee revenue collected from residents, generated from animals received, and generated from
S animals impounded from within the corporate limits of CITY. Said revenue credit shall be used to
9 determine the Net Cost of Animal Care Services described in subparagraph III.E. below.
10 3. If CITY is the City of La Habra, COUNTY agrees to keep record of and to credit to CITY
11 all fee revenue collected from residents, generated from animals received, and generated from animals
12 impounded from within the corporate limits of the cities of La Habra and Buena Park. Said fee revenue
13 credit shall be used to determine the Net Cost of Animal Care Services described in subparagraph III.E.
14 below.
15 E. ADJUSTMENTS TO PROVISIONAL PAYMENT
16 1. If CITY is not the City of La Habra, CITY'S Combined Actual Costs of Animal Care
17 Services, as described above, shall be reduced by the total amount of fee revenue generated from CITY,
18 as described in subparagraph III.D. above, to determine the Net Cost of Service provided under this
19 Agreement.
20 2. If CITY is the City of La Habra, CITY'S Combined Actual Costs of Animal Care Services,
21 as described above, shall be reduced by the total amount of fee revenue generated from CITY and the
22 City of Buena Park, as described in subparagraph III. D. above, to determine the Net Cost of Service
23 provided under this Agreement.
24 3. If the Net Cost of Service is less than the Provisional Payment amount indicated in
25 subparagraph III.13.1. and III. B. 2. above, then COUNTY shall credit the difference to CITY in a
26 FY 2007-08 agreement with COUNTY for Animal Care Services. COUNTY agrees to refund the
27 difference if CITY does not enter into a subsequent agreement with COUNTY for Animal Care
28 Services.
29 4. If the Net Cost of Service is greater than the Provisional Payment amount indicated in
30 subparagraph III.B.1. and M. B. 2. above, then COUNTY shall debit the difference from CITY in a FY
31 2007-08 agreement with COUNTY for Animal Care Services. If CITY does not enter into a subsequent
32 agreement, COUNTY shall invoice CITY for the difference. If payment, is not received by COUNTY
33 within sixty (60) days after the invoice is submitted, COUNTY may satisfy the indebtedness in any
34 manner prescribed by law.
35 5. COUNTY agrees to complete, on or before December 31, 2006, a calculation of
36 FY 2005-06 Net Cost of Animal Care Services. COUNTY shall conduct a reconciliation of costs and
37 apply any credit or debit to CITY'S FY 2007-08 Provisional Payment to COUNTY.
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1 IV. RECORDS
2 A. All records created or received by COUNTY in accordance with the performance of COUNTY
3 services pursuant to this Agreement are confidential. COUNTY agrees to keep such books and records
4 in such form and manner as the Auditor -Controller of COUNTY shall specify. Said books and records
5 shall be open for examination by CITY at all reasonable times.
6 B. Once each year, COUNTY shall deliver to CITY only the addresses of each CITY licensed pet
7 upon demand without additional expense or cost to CITY. Any such information requested which is
8 confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to
9 Government Code section 6254.5(e). Prior to each disclosure, CITY agrees to complete and return to
10 COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties
11 agree and understand that this procedure is required by the Public Records Act and necessitated to
12 permit CITY to obtain the information required for its use, and to allow COUNTY to disclose said
13 information without the risk of waiver of the right to refuse to disclose such confidential information to
14 others. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in
15 possession of such records, and permitted by state law to disclose them voluntarily.
16
17 V. REPORTS
18 COUNTY shall provide to CITY no later than March 31, 2006, a written report of Animal Care
19 Services income, expenses and service activities for the period July 1, 2005 through December 1, 2005.
20 COUNTY shall provide to CITY no later than December 31, 2006, a written report of Animal Care
21 Services income, expenses and service activities for the period July 1, 2005 through June 30, 2006.
22
23 VI. SERVICES TO BE PROVIDED BY COUNTY
24 A. COUNTY agrees, under the direction of COUNTY'S Health Care Agency Director or designee,
25 to provide to CITY Animal Care Services specified in Exhibit B to this Agreement. Services provided
26 by COUNTY shall include the enforcement of State statutes deemed applicable to CITY by COUNTY.
27 COUNTY shall not be obligated to enforce any ordinances adopted by CITY except those adopted in
28 compliance with paragraph I of Exhibit A to this Agreement. Services shall be provided in the
29 following 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
13 a. In keeping with Public Health laws which require rabies vaccination and licensing of all
14 dogs over four (4) months old, COUNTY shall canvass residences within CITY to locate and license
15 unlicensed dogs. The number of hours of canvassing provided to CITY by COUNTY shall be prorated
16 based on available canvassing hours and Total FY 2005-06 Provisional Payments by cities receiving
17 canvassing services. Licenses shall be sold at the residence; enforcement officers will follow-up on
18 problems when necessary. Nothing in this Agreement prohibits other methods for the sale of dog
19 licenses by CITY or COUNTY.
20 b. All animal -related businesses in the jurisdiction shall be inspected twice each year and
21 in response to any complaints received to assure that facilities meet required standards. Appropriate
22 notification shall be given to CITY. In those cities which allow animal permits for private homes,
23 permits shall be issued with the approval of CITY following neighborhood investigation and inspection
24 of the home to assure that the residence has adequate facilities to maintain the requested number of
25 animals. Pet license renewals shall be processed through an automated renewal system. COUNTY will
26 process renewals and answer telephone and in-person questions regarding licensing requirements.
27 c. Low cost vaccination clinics, coordinated by Animal Care staff, will be held throughout
28 the year in various locations in the County in cooperation with the Veterinary Association.
29 3. ANIMAL CARE SHELTER SERVICES
30 a. Shelter shall receive animals from the public 365 days a year from 7:00 a.m. until
31 11:00 p.m. Stray animals shall be accepted without charge. Owners who release their animals will be
32 charged a fee. The Shelter shall be open to the public to locate lost pets or for pet adoption during hours
33 designated by COUNTY. A low cost vaccination clinic will be held the first Tuesday of each month, or
34 at such other time as designated by COUNTY, at the Shelter.
35 b. If CITY is City of La Habra or the City of Santa Ana, the Shelter shall receive animals
36 from CITY animal control officers, at times arranged by COUNTY. COUNTY shall coordinate this
37 service and notify CITY of procedures and times for receipt of these animals.
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I c. The Shelter shall retain dogs, cats and all other impounded animals in accordance with
2 state law. Animals will be kept on public display to allow owner identification. When animals are
3 wearing identification, owners will be contacted by telephone and by mail. If animals are not redeemed
4 by their owners and adoption holds have not been placed, some may be made available for adoption for
5 an additional time period on a space available basis. Those which are neither redeemed nor adopted will
6 be euthanized and carcasses disposed of.
7 d. If CITY wishes to request additional retention days for healthy, non-aggressive animals
8 impounded within CITY such services may be requested in writing with sixty (60) days advance notice.
9 Such service will be provided to CITY upon written approval of COUNTY'S Health Care Agency
10 Director or designee. If agreed to, additional animal retention days will be offered on a space available
11 basis only. CITY shall pay charges for additional retention days as defined in the Payments paragraph of
12 Exhibit A to this Agreement.
13 e. Veterinary services shall be available seven (7) days a week. Veterinary staff shall
14 perform required euthanasia by lethal injection. Necropsies shall be performed on animals which die
15 under suspicious circumstances and at the request of law enforcement.
16 4. ANIMAL CARE LICENSE PROCESSING SERVICES - COUNTY shall sell or release
17 impounded dogs to CITY residents only upon proof of rabies vaccination, the payment of CITY dog
18 license fees, and issuance of a dog license voucher. The COUNTY shall maintain a record of all dog
19 license fees collected and shall forward copies of dog license receipts to CITY within seven (7) working
20 days for CITY processing. CITY agrees to pay a license processing fee of $5.50 for each dog license
21 voucher issued by COUNTY. Said revenue and charges shall be reflected under Animal Care Shelter
22 Services and credited to CITY. COUNTY shall credit these fees in accordance with the Payments
23 paragraph of Exhibit A to this Agreement. CITY shall make its best effort to provide, monthly, updated
24 dog licensing information to COUNTY.
25 5. ANIMAL CARE IMPOUND PROCESSING SERVICES - CITY agrees to pay an impound
26 processing fee of $4.00 for animal photography and impound data entry into the animal management
27 database, for each animal impounded by CITY Animal Countrol. Said revenue and charges shall be
28 reflected under shelter services and credited to CITY. COUNTY shall credit these fees in accordance
29 with the Payments paragraph of Exhibit A to this Agreement.
30 B. Animal Care Field Services, Animal Care Special Services, and Animal Care Shelter Services
31 provided by COUNTY under this Agreement shall be established as those customarily provided to
32 residents of unincorporated areas of COUNTY.
33 C. If CITY is the City of Santa Ana, COUNTY shall provide notification to CITY residents upon
34 resident's adoption of a dog. The notification shall state that CITY resident is required to obtain a dog
35 license from CITY within fourteen (14) days of adoption. CITY shall make its best efforts to provide,
36 monthly, updated dog licensing information to COUNTY.
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I D. COUNTY shall furnish and supply all necessary labor, supervision, equipment, and supplies to
2 provide the services described in this Agreement. In all instances wherein special supplies, stationery,
3 notices, forms and the like are issued in the name of CITY, the same shall be supplied by CITY at its
4 own expense.
5 E. The method by which services are provided, the standard of performance, any other matters
6 incidental to the performance of such services, and the control of personnel so employed, shall be
7 determined by COUNTY. In the event of a dispute between the parties as to the extent of the duties and
8 functions to be provided hereunder, or the level and manner of performance of such services, the parties
9 shall meet in good faith to resolve their differences. In the event of an impasse, the decision of
10 COUNTY'S Health Care Agency Director or designee shall be final.
11 F. To facilitate the performance of services hereunder, COUNTY shall have full cooperation and
12 assistance from CITY, its officers, agents and employees.
13 G. COUNTY agrees to maintain its animal shelter in a humane manner and keep said premises in a
14 clean condition at all times, and that all services furnished by it hereunder shall be in accordance with
15 the laws of the State of California, and that it will give required notices and use humane methods of care
16 and destruction of any animal coming under its jurisdiction.
17 H. ANIMALS RETAINED FOR CRIMINAL PROSECUTION - Animals which are being retained
18 in criminal prosecutions, except for violations of Animal Control regulations and/or ordinances pursuant
19 to this Agreement, are not to be construed as held pursuant to the services provided under this
20 Agreement; housing will be provided at the discretion of COUNTY and at COUNTY'S usual and
21 customary charges for such housing.
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EXHIBIT A
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EXHIBIT B
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TO AGREEMENT WITH
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CITY OF SAN JUAN CAPISTRANO
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ANIMAL CARE SERVICES
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FISCAL YEAR 2005 - 2006
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TYPE OF ANIMAL CARE SERVICE
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COUNTY agrees to provide the following Animal Care Services pursuant to the terms and conditions
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specified in this Agreement for Provision of Animal Care Services between COUNTY and CITY.
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Animal Care Field Services X
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Animal Care Special Services X
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Animal Care Shelter Services X
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Animal Care License Processing Services
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Animal Care Impound Processing Services
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•
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
TO: Jason Brown, Manager
Jwaa •
mlonveMlu
• mwwlele � 1961
1776 "
OC Health Care Agency/Animal Care Services
561 The City Drive South
Orange, CA 92868
FROM: Meg Monahan, City Clerk (949) 443-6308
SUBJECT: Agreement for Provision of Animal Care
(Orange County/San Juan Capistrano)
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATi HART
JOE SOTO
DAVID M. SWERDLIN
September 21, 2005
2005-2006
Enclosed: Please find (2) original executed agreements for your records. This was
approved by the City Council on September 20, 2005. We have retained (1) original
for our records.
If you have any questions concerning the agreement, please contact Michael
Cantor, Senior Management Analyst (949) 234-4565. If you have questions
concerning City Council approval of the agreement, I can assist you with this
information.
Thank you.
CC: Michael Cantor, Senior Management Analyst
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Pnntetl on recycled paper
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AGENDA REPORT
TO: David F. Adams, City Manager (i>4`'
FROM: Michael Cantor, Senior Management Analyst
9/20/2005
D7
SUBJECT: Consideration of Agreement for Provisions of Animal Care Services with
the County of Orange for Fiscal Year 2005-2006.
RECOMMENDATION:
By motion, approve the Agreement with the Orange County Animal Care Services for
Fiscal Year 2005-2006 in an adjusted provisional amount of $58,725 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.
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.
Staff has reviewed the Agreement and is recommending the City Council approve the
Agreement for the Fiscal Year 2005-2006.
•
I 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 2005 - 2006
8
9 THIS AGREEMENT entered into this 1st day of July 2005, 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:
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ATTACHMENT
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Agenda Report September 20, 2005
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 Fiscal Year 2005-06 is $70,099. The
payment for Fiscal Year 2005-06 services is adjusted by the Fiscal Year 2003-2004
credit of $11,375. The amounts calculated by the county are rounded to the nearest
dollar and do not display decimal points. The resulting adjusted provisional payment is
$58,725, and has been budgeted for Fiscal Year 2005-06. Last year's contract was
approved for $53,446. This year's contract is increased by $5,279.
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 2005-2006 in an adjusted provisional amount of $58,725 and authorize the
Mayor to execute the Agreement.
Respectfully submitted,
Michael Cantor
Senior Management Analyst
Attachment:
1. Agreement for Provision of Animal Care Services
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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. Termination....................................................
VIII. Third Party Beneficiary ..................................
IX. Waiver of Default or Breach ..........................
Signature Page ................................................
PAGE
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EXIHBIT A
I. Conformity of Laws or Regulations......................................................................................... 1
H. Financial/Operational Advisory Board.................................................................................... 2
III. Payments................................................................................................................................... 2
IV. Records..................................................................................................................................... 5
V. Reports...................................................................................................................................... 5
VI. Services to be Provided by County.......................................................................................... 5
EXHIBIT B
Type of Animal Care Service..........................................................................................1 Page
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REFERENCED CONTRACT PROVISIONS
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Term:
July 1, 2005 through June 30, 2006
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Notices to COUNTY and CITY:
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COUNTY: County of Orange
g
Health Care Agency
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Deputy Agency Director for Regulatory Health Services
405 West 5th Street, 7th Floor
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Santa Ana, CA 92701-4637
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and
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County of Orange
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Health Care Agency
Contract Development and Management
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405 West 5th Street, Suite 600
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Santa Ana, CA 92701-4637
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CITY:
David Adams
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City Manager
City of San Juan Capistrano
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32400 Paseo Adelanto
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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
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
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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, 2006, if a successor Agreement between the parties is not in force by July 1, 2006, 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, 2005.
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
W
-Pou�— 1- 40- dr
TTE A. POULSON, RN, MN DATE
DIRECTOR, HEALTH CARE AGENCY
CITY OF SAN NAN CAPISTRANO
a municipal corporation
M
1 ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
DEPUTY DATE
XACONTRACT 2005\Animal Care Services-Maser-05-06-HH.Doc
DATE
DATE
APPROVED AS TO FORM:
CITY ATTORNEY
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I EXHIBIT A
2 TO AGREEMENT WITH
3 CITY OF SAN JUAN CAPISTRANO
4 ANIMAL CARE SERVICES
5 FISCAL YEAR 2005 - 2006
6
7 I. CONFORMITY OF LAWS OR REGULATIONS
8 A. If CITY is not the City of La Habra or the City of Santa Ana, CITY agrees to the following
9 Conformity of Laws or Regulations:
10 1. Notwithstanding anything to the contrary herein contained, this Agreement shall terminate
11 at any time that CITY fails to enact, and to maintain in full force and effect an ordinance identical in
12 intent to the provisions of Article 1 through 10 of Division 1 of Title 4, and Divisions 1, 2, and 3 of Title
13 5 of the Codified Ordinances of the County of Orange, and other regulations presently adopted by the
14 Orange County Board of Supervisors concerning animal control, including those which relate to fees.
15 This Agreement shall also terminate if CITY does not enact the same amendments to its Municipal Code
16 as those adopted by COUNTY'S Board of Supervisors regarding animal control within sixty (60) days
17 after a request to do so by COUNTY'S Health Care Agency Director or designee.
18 2. If CITY is considering adopting an ordinance and requesting its enforcement by COUNTY,
19 COUNTY'S Health Care Agency Director or designee may provide assistance to CITY in defining the
20 manner in which the proposed ordinance enforcement would be provided by COUNTY. COUNTY will
21 provide such services when a written request is received sixty (60) days prior to the requested
22 implementation of the service upon the written approval of COUNTY'S Health Care Agency Director or
23 designee. The manner and extent to which services are provided in response to such a request shall be
24 determined by COUNTY'S Health Care Agency Director or designee and will only be provided if the
25 cost of such services can be delineated and accommodated under the provisions of the Payments
26 paragraph of Exhibit A to this Agreement.
27 3. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY
28 when written request for exclusion is received sixty (60) days prior to the requested exclusion upon the
29 written approval of COUNTY'S Health Care Agency Director or designee. Such requests will only be
30 considered provided they are not in conflict with State statutes or do not endanger the public health.
31 COUNTY'S Health Care Agency Director or designee, acting on behalf of COUNTY, may use
32 discretion and need not request CITY to adopt amendments, which do not apply to CITY.
33 B. If CITY is the City of La Habra or the City of Santa Ana, CITY agrees to the following
34 Conformity of Laws or Regulations:
35 1. CITY shall, during the term of this Agreement, follow COUNTY'S ordinance including any
36 amendments, relating to the redemption and disposal of impounded animals. In addition, CITY shall
37 adopt a fee schedule relating to the redemption and disposal of impounded animals, which shall be
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I identical to the COUNTY fee schedule, including any amendments thereto. COUNTY shall notify
2 CITY of any amendments to the COUNTY ordinance and fee schedule, and CITY shall adopt the same
3 within thirty (30) days of such notice.
4 2. CITY shall comply with administrative procedures adopted by COUNTY designed to
5 document the receipt of an animal by COUNTY, including the execution of receipts and animal history
6 records.
7
8 Il. FINANCIAL/OPERATIONAL ADVISORY BOARD
9 The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY'S
10 Director of Animal Care Services on financial and operational matters and to assess cost recovery
11 options for future years. The Financial/Operational Advisory Board shall be made up of seven (7)
12 members, four (4) members appointed by the Orange County League of Cities and three (3) members
13 appointed by COUNTY.
14
15 III. PAYMENTS
16 A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual costs of providing Animal
17 Care Services specified in Exhibit B to this Agreement.
18 B. PAYMENT METHOD
19 1. In consideration for the Animal Care Services provided by COUNTY during the term of
20 this Agreement, CITY shall make a Fiscal Year (Pik 2005-06 Provisional Payment to COUNTY in the
21 amount of $70,099. This payment for FY 2005-06 services shall be adjusted by a
22 FY 2003-04 Credit of $11,375, resulting in a total adjusted Provisional Payment of $58,725. This
23 payment shall be adjusted as described in subparagraph III.E., below.
24 2. If CITY is the City of La Habra and COUNTY provides Animal Care Services for animals
25 impounded within the corporate limits of the City of Buena Park during the term of this Agreement,
26 CITY shall make an additional FY 2005-06 Provisional Payment to COUNTY in the amount of
27 $121,728. This payment for FY 2005-06 services shall be adjusted by a FY 2003-04 Credit of $20,752,
28 resulting in a total adjusted Provisional Payment of $100,976. This payment shall be adjusted as
29 described in subparagraph III.E., below.
30 3. The Provisional Payment shall be paid to COUNTY in four (4) installments; each equal to
31 twenty-five percent (25%) of the total combined adjusted Provisional Payment. The first installment is
32 due September 30, 2005, the second is due December 31, 2005, the third is due March 31, 2006, and the
33 fourth is due June 30, 2006.
34 4. If payment is not received by COUNTY within thirty (30) days after the due date,
35 COUNTY may cease providing any further service under this Agreement and may satisfy the
36 indebtedness in any manner prescribed by law.
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1 5. CITY shall not be called upon to assume any liability for the direct payment of any salaries,
2 wages or other compensation to any COUNTY personnel performing services hereunder for COUNTY,
3 or any liability other than provided for in the Agreement. CITY shall not be liable for compensation or
4 indemnity to any COUNTY employee for injury or sickness arising out of his or her employment.
5 6. In the event this Agreement is extended in accordance with the Term paragraph of this
6 Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to
7 one -twelfth (1/12) of the FY 2005-06 adjusted Provisional Payment amounts shown in
8 subparagraph M.B.l.and II1.13.2. above. Such payments shall be due no later than thirty (30) days after
9 the month in which services were provided.
10 C. DETERMINATION OF ACTUAL COST OF SERVICES
11 1. COUNTY agrees to collect and maintain expenditure and workload data to be used to
12 determine the actual cost of Animal Care Services provided to CITY during the term of this Agreement.
13 2. CITY'S Actual Cost of Animal Care Field Services to CITY shall be determined by
14 applying CITY'S percentage of the total Field Actions provided by COUNTY to COUNTY'S Total
15 Actual Expenditures (including indirect charges) for providing all Animal Care Field Services within
16 County.
17 3. CITY'S Actual Cost of Animal Care Special Services to CITY shall be determined by
18 applying CITY'S percentage of the total animal licenses sold by COUNTY to COUNTY'S Total Actual
19 Expenditures (including indirect charges) for providing all Animal Care Special Services within County.
20 4, CITY'S Actual Cost of Animal Care Shelter Services to CITY shall be determined by
21 applying the CITY'S percentage of animal charge days, for animals impounded from within the
22 corporate limits of CITY and animals received from residents of CITY, to COUNTY'S Total Actual
23 Expenditures (including indirect charges) for providing all Animal Care Shelter Services within County.
24 An animal charge day is defined as each day or portion of a day that an animal is housed at COUNTY'S
25 Animal Shelter. If CITY is the City of La Habra, CITY'S percentage of animal charge days shall include
26 City of Buena Park animal charge days.
27 5. CITY'S Actual Cost of Animal Care License Processing Services to CITY shall be
28 determined by applying CITY'S percentage of License Processing Services to COUNTY'S Total Actual
29 Expenditures (including indirect charges) for providing all Animal Care License Processing Services
30 within County. If CITY is the City of La Habra, CITY'S percentage of License Processing Services shall
31 include License Processing Services provided by COUNTY to City of Buena Park.
32 6. CITY'S Actual Cost of Animal Care Impound Processing Services to CITY shall be
33 determined by applying CITY'S percentage of Animal Care Impound Processing Services to
34 COUNTY'S Total Actual Expenditures (including indirect charges) for providing all Animal Care
35 Impound Processing Services within County. If CITY is the City of La Habra, CITY'S percentage of
36 hnpound Processing Services shall include Impound Processing Services provided by COUNTY to City
37 of Buena Park.
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I D. FEE REVENUE
2 1. COUNTY shall have all fee collection powers of CITY and shall receive all cooperation
3 possible from CITY to enable efficient enforcement of fee collection. COUNTY shall retain all fee
4 revenue derived from the enforcement of the ordinances pertaining to Animal Care Services provided by
5 COUNTY.
6 2. If CITY is not the City of La Habra, COUNTY agrees to keep record of and to credit to
7 CITY all fee revenue collected from residents, generated from animals received, and generated from
8 animals impounded from within the corporate limits of CITY. Said revenue credit shall be used to
9 determine the Net Cost of Animal Care Services described in subparagraph III.E. below.
10 3. If CITY is the City of La Habra, COUNTY agrees to keep record of and to credit to CITY
11 all fee revenue collected from residents, generated from animals received, and generated from animals
12 impounded from within the corporate limits of the cities of La Habra and Buena Park. Said fee revenue
13 credit shall be used to determine the Net Cost of Animal Care Services described in subparagraph M.E.
14 below.
15 E. ADJUSTMENTS TO PROVISIONAL PAYMENT
16 1. If CITY is not the City of La Habra, CITY'S Combined Actual Costs of Animal Care
17 Services, as described above, shall be reduced by the total amount of fee revenue generated from CITY,
18 as described in subparagraph III.D. above, to determine the Net Cost of Service provided under this
19 Agreement.
20 2. If CITY is the City of La Habra, CITY'S Combined Actual Costs of Animal Care Services,
21 as described above, shall be reduced by the total amount of fee revenue generated from CITY and the
22 City of Buena Park, as described in subparagraph III. D. above, to determine the Net Cost of Service
23 provided under this Agreement.
24 3. If the Net Cost of Service is less than the Provisional Payment amount indicated in
25 subparagraph III.B.1. and III. B. 2. above, then COUNTY shall credit the difference to CITY in a
26 FY 2007-08 agreement with COUNTY for Animal Care Services. COUNTY agrees to refund the
27 difference if CITY does not enter into a subsequent agreement with COUNTY for Animal Care
28 Services.
29 4. If the Net Cost of Service is greater than the Provisional Payment amount indicated in
30 subparagraph III.B.1. and III. B. 2. above, then COUNTY shall debit the difference from CITY in a FY
31 2007-08 agreement with COUNTY for Animal Care Services. If CITY does not enter into a subsequent
32 agreement, COUNTY shall invoice CITY for the difference. If payment.is not received by COUNTY
33 within sixty (60) days after the invoice is submitted, COUNTY may satisfy the indebtedness in any
34 manner prescribed by law.
35 5. COUNTY agrees to complete, on or before December 31, 2006, a calculation of
36 FY 2005-06 Net Cost of Animal Care Services. COUNTY shall conduct a reconciliation of costs and
37 apply any credit or debit to CITY'S FY 2007-08 Provisional Payment to COUNTY.
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1 IV. RECORDS
2 A. All records created or received by COUNTY in accordance with the performance of COUNTY
3 services pursuant to this Agreement are confidential. COUNTY agrees to keep such books and records
4 in such form and manner as the Auditor -Controller of COUNTY shall specify. Said books and records
5 shall be open for examination by CITY at all reasonable times.
6 B. Once each year, COUNTY shall deliver to CITY only the addresses of each CITY licensed pet
7 upon demand without additional expense or cost to CITY. Any such information requested which is
8 confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to
9 Government Code section 6254.5(c). Prior to each disclosure, CITY agrees to complete and return to
10 COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties
11 agree and understand that this procedure is required by the Public Records Act and necessitated to
12 permit CITY to obtain the information required for its use, and to allow COUNTY to disclose said
13 information without the risk of waiver of the right to refuse to disclose such confidential information to
14 others. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in
15 possession of such records, and permitted by state law to disclose them voluntarily.
16
17 V. REPORTS
18 COUNTY shall provide to CITY no later than March 31, 2006, a written report of Animal Care
19 Services income, expenses and service activities for the period July 1, 2005 through December 1, 2005.
20 COUNTY shall provide to CITY no later than December 31, 2006, a written report of Animal Care
21 Services income, expenses and service activities for the period July 1, 2005 through June 30, 2006.
22
23 VI. SERVICES TO BE PROVIDED BY COUNTY
24 A. COUNTY agrees, under the direction of COUNTY'S Health Care Agency Director or designee,
25 to provide to CITY Animal Care Services specified in Exhibit B to this Agreement. Services provided
26 by COUNTY shall include the enforcement of State statutes deemed applicable to CITY by COUNTY.
27 COUNTY shall not be obligated to enforce any ordinances adopted by CITY except those adopted in
28 compliance with paragraph I of Exhibit A to this Agreement. Services shall be provided in the
29 following 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
13 a. In keeping with Public Health laws which require rabies vaccination and licensing of all
14 dogs over four (4) months old, COUNTY shall canvass residences within CITY to locate and license
15 unlicensed dogs. The number of hours of canvassing provided to CITY by COUNTY shall be prorated
16 based on available canvassing hours and Total FY 2005-06 Provisional Payments by cities receiving
17 canvassing services. Licenses shall be sold at the residence; enforcement officers will follow-up on
18 problems when necessary. Nothing in this Agreement prohibits other methods for the sale of dog
19 licenses by CITY or COUNTY.
20 b. All animal -related businesses in the jurisdiction shall be inspected twice each year and
21 in response to any complaints received to assure that facilities meet required standards. Appropriate
22 notification shall be given to CITY. In those cities which allow animal permits for private homes,
23 permits shall be issued with the approval of CITY following neighborhood investigation and inspection
24 of the home to assure that the residence has adequate facilities to maintain the requested number of
25 animals. Pet license renewals shall be processed through an automated renewal system. COUNTY will
26 process renewals and answer telephone and in-person questions regarding licensing requirements.
27 c. Low cost vaccination clinics, coordinated by Animal Care staff, will be held throughout
28 the year in various locations in the County in cooperation with the Veterinary Association.
29 3. ANIMAL CARE SHELTER SERVICES
30 a. Shelter shall receive animals from the public 365 days a year from 7:00 a.m. until
31 11:00 p.m. Stray animals shall be accepted without charge. Owners who release their animals will be
32 charged a fee. The Shelter shall be open to the public to locate lost pets or for pet adoption during hours
33 designated by COUNTY. A low cost vaccination clinic will be held the first Tuesday of each month, or
34 at such other time as designated by COUNTY, at the Shelter.
35 b. If CITY is City of La Habra or the City of Santa Ana, the Shelter shall receive animals
36 from CITY animal control officers, at times arranged by COUNTY. COUNTY shall coordinate this
37 service and notify CITY of procedures and times for receipt of these animals.
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I c. The Shelter shall retain dogs, cats and all other impounded animals in accordance with
2 state law. Animals will be kept on public display to allow owner identification. When animals are
3 wearing identification, owners will be contacted by telephone and by mail. If animals are not redeemed
4 by their owners and adoption holds have not been placed, some may be made available for adoption for
5 an additional time period on a space available basis. Those which are neither redeemed nor adopted will
6 be euthanized and carcasses disposed of.
7 d. If CITY wishes to request additional retention days for healthy, non-aggressive animals
8 jmpounded within CITY such services may be requested in writing with sixty (60) days advance notice.
9 Such service will be provided to CITY upon written approval of COUNTY'S Health Care Agency
10 Director or designee. If agreed to, additional animal retention days will be offered on a space available
11 basis only. CITY shall pay charges for additional retention days as defined in the Payments paragraph of
12 Exhibit A to this Agreement.
13 e. Veterinary services shall be available seven (7) days a week. Veterinary staff shall
14 perform required euthanasia by lethal injection. Necropsies shall be performed on animals which die
15 under suspicious circumstances and at the request of law enforcement.
16 4. ANIMAL CARE LICENSE PROCESSING SERVICES - COUNTY shall sell or release
17 impounded dogs to CITY residents only upon proof of rabies vaccination, the payment of CITY dog
18 license fees, and issuance of a dog license voucher. The COUNTY shall maintain a record of all dog
19 license fees collected and shall forward copies of dog license receipts to CITY within seven (7) working
20 days for CITY processing. CITY agrees to pay a license processing fee of $5.50 for each dog license
21 voucher issued by COUNTY. Said revenue and charges shall be reflected under Animal Care Shelter
22 Services and credited to CITY. COUNTY shall credit these fees in accordance with the Payments
23 paragraph of Exhibit A to this Agreement. CITY shall make its best effort to provide, monthly, updated
24 dog licensing information to COUNTY.
25 5. ANIMAL CARE IMPOUND PROCESSING SERVICES - CITY agrees to pay an impound
26 processing fee of $4.00 for animal photography and impound data entry into the animal management
27 database, for each animal impounded by CITY Animal Countrol. Said revenue and charges shall be
28 reflected under shelter services and credited to CITY. COUNTY shall credit these fees in accordance
29 with the Payments paragraph of Exhibit A to this Agreement.
30 B. Animal Care Field Services, Animal Care Special Services, and Animal Care Shelter Services
31 provided by COUNTY under this Agreement shall be established as those customarily provided to
32 residents of unincorporated areas of COUNTY.
33 C. If CITY is the City of Santa Ana, COUNTY shall provide notification to CITY residents upon
34 resident's adoption of a dog. The notification shall state that CITY resident is required to obtain a dog
35 license from CITY within fourteen (14) days of adoption. CITY shall make its best efforts to provide,
36 monthly, updated dog licensing information to COUNTY.
37
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1 D. COUNTY shall furnish and supply all necessary labor, supervision, equipment, and supplies to
2 provide the services described in this Agreement. In all instances wherein special supplies, stationery,
3 notices, forms and the like are issued in the name of CITY, the same shall be supplied by CITY at its
4 own expense.
5 E. The method by which services are provided, the standard of performance, any other matters
6 incidental to the performance of such services, and the control of personnel so employed, shall be
7 determined by COUNTY. hi the event of a dispute between the parties as to the extent of the duties and
8 functions to be provided hereunder, or the level and manner of performance of such services, the parties
9 shall meet in good faith to resolve their differences. In the event of an impasse, the decision of
10 COUNTY'S Health Care Agency Director or designee shall be final.
11 F. To facilitate the performance of services hereunder, COUNTY shall have full cooperation and
12 assistance from CITY, its officers, agents and employees.
13 G. COUNTY agrees to maintain its animal shelter in a humane manner and keep said premises in a
14 clean condition at all times, and that all services furnished by it hereunder shall be in accordance with
15 the laws of the State of California, and that it will give required notices and use humane methods of care
16 and destruction of any animal coming under its jurisdiction.
17 H. ANIMALS RETAINED FOR CRIMINAL PROSECUTION - Animals which are being retained
18 in criminal prosecutions, except for violations of Animal Control regulations and/or ordinances pursuant
19 to this Agreement, are not to be construed as held pursuant to the services provided under this
20 Agreement; housing will be provided at the discretion of COUNTY and at COUNTY'S usual and
21 customary charges for such housing.
22 //
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EXHIBIT B
2
TO AGREEMENT WITH
3
CITY OF SAN JUAN CAPISTRANO
4
ANIMAL CARE SERVICES
5
FISCAL YEAR 2005 - 2006
6
7
TYPE OF ANIMAL CARE SERVICE
8
9
COUNTY agrees to provide the following Animal Care Services pursuant to the terms and conditions
10
specified in this Agreement for Provision of Animal Care Services between COUNTY and CITY.
11
12
13
Animal Care Field Services X
14
15
Animal Care Special Services X
16
17
Animal Care Shelter Services X
18
19
Animal Care License Processing Services
20
21
Animal Care Impound Processing Services
22
23
24
25
//
26
//
27
28
29
30
31
//
32
33
//
34
35
//
36
37
11
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•
32400 PASEO ADEI-ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
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MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
MATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 20, 2005
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
2005-2006" — Item No. D7.
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 the City Clerk's office by 5:00
p.m. on Monday, September 19, 2005 to allow time for the Council to consider its
content.
If you would like to speak at the meeting, please complete a yellow "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) 487-4565
with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanauancapistrano.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-agendas(a)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
til Pnntad.n receded P.oe,