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06-0701_ORANGE, COUNTY OF_AgreementI 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 2006 - 2007 8 9 THIS AGREEMENT entered into this 1st day of July 2006, 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 11 23 11 24 11 25 11 26 11 27 1f 28 11 29 11 30 11 31 11 32 11 33 11 34 11 35 fr 36 11 37 11 SCS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 PARAGRAPH PAGE EXHIBIT A I. Conformity of Laws or Regulations......................................................................................... 1 II. Financial/Operational Advisory Board.................................................................................... 2 III. Payments................................................................................................................................... 2 IV. Records..................................................................................................................................... 4 V. Reports...................................................................................................................................... 5 VI. Services to be Provided by County .......................................................................................... 5 EXHIBIT B Type of Animal Care Service..........................................................................................1 Page // // // // // // // 2 of 7 X:\CONTRACT 2006-07\Ani=l Care Services-Master2-06-07-HH.Do ACSXK07 TitlePage................................................................................................................................. I Contents................................................................................................................................... 2 Referenced Contract Provisions.............................................................................................. 3 I. Alteration of Terms................................................................................................................. 4 II. Indemnification........................................................................................................................ 4 III. Notices..................................................................................................................................... 4 N. Severability .............................................................................................................................. 5 V. Status of the Parties................................................................................................................. 5 VI. Term......................................................................................................................................... 5 VII. Termination............................................................................................................................. 5 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.................................................................................... 2 III. Payments................................................................................................................................... 2 IV. Records..................................................................................................................................... 4 V. Reports...................................................................................................................................... 5 VI. Services to be Provided by County .......................................................................................... 5 EXHIBIT B Type of Animal Care Service..........................................................................................1 Page // // // // // // // 2 of 7 X:\CONTRACT 2006-07\Ani=l Care Services-Master2-06-07-HH.Do ACSXK07 I REFERENCED CONTRACT PROVISIONS 2 3 Term: July 1, 2006 through June 30, 2007 4 5 Notices to COUNTY and CITY: 6 7 COUNTY: County of Orange 8 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 14 Contract Development and Management 405 West 5th Street, Suite 600 15 Santa Ana, CA 92701-4637 16 17 CITY: David Adams 18 City Manager City of San Juan Capistrano 19 32400 Paseo Adelanto 20 San Juan Capistrano, CA 92675 21 22 // 23 // 24 // 25 26 // 27 28 // 29 30 31 /1 32 33 // 34 // 35 36 // 37 3 of 7 X:\CONTRACT 2006-07\Anim i Care Services-Master2-06-07-HH.Dw ACSXK07 0 0 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 g II. INDEMNIFICATION 9 Each party agrees to indemnify and hold harmless the other party, its officers, agents and employees 10 from all liability, claims, losses and demands, including defense costs, whether resulting from court 11 action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or 12 employees, or arising out of the condition of property used in the performance of this Agreement. Each 13 party agrees to provide the indemnifying party with written notification of any claim within thirty (30) 14 calendar days of notice thereof, to allow the indemnifying party control over the defense and settlement 15 of the claim, and to cooperate with the indemnifying party in its defense. 16 17 III. NOTICES 18 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements 19 authorized or required by this Agreement shall be effective: 20 1. When written and deposited in the United States mail, first class postage prepaid and 21 addressed as specified on Page 3 of this Agreement or otherwise directed by ADMINISTRATOR; 22 2. When FAXed, transmission confirmed; 23 3. When sent by electronic mail; or 24 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel 25 Service, or other expedited delivery service. 26 B. Termination Notices shall be addressed as specified on Page 3 of this Agreement or as 27 otherwise directed by ADMINISTRATOR and shall be effective when FAXed, transmission confirmed, 28 or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other 29 expedited delivery service. 30 C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming 31 aware of any occurrence of a serious nature, which may expose either party to liability. Such 32 occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or 33 damage to any County property in possession of CITY. 34 D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by 35 ADMINISTRATOR. 36 37 // 4 of 7 XXONTRACT 2006-07Wnimal Can Services-MmLt 2-06-07-HH.Do ACSXK07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 0 0 IV. SEVERABILITY If a court of competent jurisdiction declares any provision of this Agreement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable. V. STATUS OF THE PARTIES Each party is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. Each party is entirely responsible for compensating staff and consultants employed by that party. This Agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of either party's employees, agents, consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its employees, agents, consultants, or subcontractors as they relate to the services to be provided during the course and scope of their employment. Each party, its agents, employees, or subcontractors, shall not be entitled to any rights or privileges of the other party's employees and shall not be considered in any manner to be employees of the other party. VI. TERM A. The term of this Agreement shall commence and terminate as specified on Page 3 of this Agreement, unless otherwise sooner terminated as provided in this Agreement; provided, however, COUNTY shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting and accounting. B. The term of this Agreement shall be automatically extended for a 180 -day period through December 31, 2007, if a successor Agreement between the parties is not in force by July 1, 2007, and no notice of non -renewal has been given by either CITY or COUNTY in accordance with the Termination paragraph of this Agreement. C. If either party determines not to renew this Agreement, a minimum of six (6) months' written notice shall be given to the other party. VII. TERMINATION A. If either party determines not to renew this Agreement, written notice shall be given to the other party no later than December 31, 2006. B. Any obligation of COUNTY under this agreement is contingent upon the following: H X:\CONTRACT 2006-07\Animal Care Services-Master2-06-07-1111.Do 5 of 7 ACSXK07 0 0 1 1. Inclusion of sufficient funding for the services hereunder in the applicable budgets approved 2 by the Board of Supervisors. 3 2. In the event such funding is subsequently reduced or terminated, COUNTY may terminate 4 this agreement upon thirty (30) calendar days written notice given to CITY. 5 6 VIII. THIRD PARTY BENEFICLARY 7 Neither party hereto intends that this Agreement shall create rights hereunder in third parties 8 including, but not limited to, any subcontractors or any clients provided services hereunder. 9 10 IX. WAIVER OF DEFAULT OR BREACH 11 Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any 12 breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. 13 Waiver of any default or any breach shall not be considered a modification of the terns of this 14 Agreement. 15 16 // 17 // 18 19 20 // 21 22 // 23 // 24 // 25 // 26 27 28 // 29 30 31 // 32 // 33 34 // 35 // 36 37 // 6 of 7 X:\CONTRACT 2006-07\Animal Care Services-Mas[er2-06-07-HH.Dm ACSXKO7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 0 0 IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. COUNTY OF ORANGE /9 Q rtai BY: DATED: JULIETTE A. POULSON, RN, MN DIRECTOR, HEALTH CARE AGENCY CITY OF SAN JUAN CAPISTRANO a municipal corporation —11—oc. BY: MAYOR— DATE APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA DAT APPROVED AS TO FORM: CITY ATTORNEY 7 of 7 XACONTRACT 2006-07Wni=l Can Smices-Mmtu2-06-07-HH.Dm �6 DATE ACSXK07 DATE 7 of 7 XACONTRACT 2006-07Wni=l Can Smices-Mmtu2-06-07-HH.Dm �6 DATE ACSXK07 0 0 I EXHIBIT A 2 TO AGREEMENT WITH 3 CITY OF SAN JUAN CAPISTRANO 4 ANIMAL CARE SERVICES 5 FISCAL YEAR 2006 — 2007 6 7 I. CONFORMITY OF LAWS OR REGULATIONS 8 A. If CITY is considering adopting an ordinance and requesting its enforcement by COUNTY, 9 COUNTY'S Health Care Agency Director or designee may provide assistance to CITY in defining the 10 manner in which the proposed ordinance enforcement would be provided by COUNTY. Requests for 11 assistance must be made in writing and received by COUNTY sixty (60) calendar days prior to the 12 requested implementation of the service. The manner and extent to which services are provided by 13 COUNTY in response to CITY'S request shall be determined by COUNTY'S Health Care Agency 14 Director, or designee, and may be provided if the cost of such services can be delineated and 15 accommodated under the provisions of the Payments paragraph of Exhibit A to this Agreement. 16 B. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY. 17 Requests for exclusion must be submitted in writing and received by COUNTY sixty (60) calendar days 18 prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if they are 19 not in conflict with State statutes or do not endanger the public health. COUNTY'S Health Care 20 Agency Director, or designee, acting on behalf of COUNTY, may use discretion and need not request 21 CITY to adopt amendments which do not apply to CITY. COUNTY shall notify CITY, in writing, of 22 COUNTY'S decision regarding the requested exclusion. 23 C. Notwithstanding anything to the contrary herein contained, if CITY is not the City of 24 Anaheim, City of La Habra or the City of Santa Ana, CITY agrees to the following: 25 1. This Agreement shall terminate at any time that CITY fails to enact, and to maintain in full 26 force and effect an ordinance identical in intent to the provisions of Article 1 through 10 of Division 1 of 27 Title 4, and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of the County of Orange, and 28 other regulations presently adopted by the Orange County Board of Supervisors concerning animal 29 control, including those which relate to fees. 30 2. This Agreement shall also terminate if CITY does not enact the same amendments to its 31 Municipal Code as those adopted by COUNTY'S Board of Supervisors regarding animal control within 32 sixty (60) calendar days after a request to do so by COUNTY'S Health Care Agency Director, or 33 designee. 34 D. If CITY is the City of La Habra or the City of Santa Ana, CITY agrees to the following: 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 1 of 8 EXHIBIT A X:\CONTRACT 2006-07\Ani=l Cam Services-Maste2-06-07-HEI)m ACSXK07 0 0 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) calendar 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 E. If CITY is the City of Anaheim, COUNTY shall enforce the provisions of, and issue citations 8 for violations pursuant to, the codified ordinances of the Anaheim Municipal Code (Title 8) when 9 providing Animal Care Field Services within the legal boundaries of CITY. 10 11 II. FINANCIAL/OPERATIONAL ADVISORY BOARD 12 The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY'S 13 Director of Animal Care Services on financial and operational matters and to assess cost recovery 14 options for future years. The Financial/Operational Advisory Board shall be made up of seven (7) 15 members, six (6) members appointed by the Orange County League of Cities and one (1) member 16 appointed by COUNTY. 17 18 111. PAYMENTS 19 A. BASIS FOR PAYMENT - CITY shall pay COUNTY the Net Cost of providing Animal Care 20 Services specified in Exhibit B to this Agreement. If CITY is the City of La Habra, Net Cost shall be 21 calculated to include Actual Cost, Fee Revenue, Net Cost, debits or credits for FY 2004-05, and debits 22 or credits for FY 2005-06 for the City of Buena Park. COUNTY agrees to collect and maintain 23 expenditure and workload data to be used to determine the Net Cost of Animal Care Services provided 24 to CITY by COUNTY during the term of this Agreement. 25 B. ACTUAL COST OF ANIMAL CARE SERVICES 26 1. CITY'S Actual Cost of Animal Care Field Services shall be determined by applying 27 CITY'S percentage of the total Animal Care Field Services provided by COUNTY to COUNTY'S Total 28 Actual Expenditures, including indirect charges, for providing all Animal Care Field Services within 29 County. 30 2. CITY'S Actual Cost of Animal Care Special Services shall be determined by applying 31 CITY'S percentage of the total animal licenses sold by COUNTY to the COUNTY'S Total Actual 32 Expenditures, including indirect charges, for providing all Animal Care Special Services within County. 33 3. CITY'S Actual Cost of Animal Care Shelter Services shall be determined by applying the 34 CITY'S percentage of animal charge days, for animals impounded from within the corporate limits of 35 CITY and animals received from residents of CITY, to COUNTY'S Total Actual Expenditures, 36 including indirect charges, for providing all Animal Care Shelter Services within County. An animal 37 2 of 8 EXHIBIT A XACONTRACT 2006-0TAnimal Care Services-Mwer2-06-07-HH.Doc ACSXK07 0 0 I charge day is defined as each day or portion of a day that an animal is housed at COUNTY'S Animal 2 Shelter. 3 4. CITY'S Actual Cost of Animal Care License Processing Services shall be determined by 4 applying CITY'S percentage of Animal Care License Processing Services to COUNTY'S Total Actual 5 Expenditures, including indirect charges, for providing all Animal Care License Processing Services 6 within County. 7 5. CITY'S Actual Cost of Animal Care Impound Processing Services shall be determined by 8 applying CITY'S percentage of Animal Care Impound Processing Services to COUNTY'S Total Actual 9 Expenditures, including indirect charges, for providing all Animal Care Impound Processing Services 10 within County. 11 6. CITY'S Total Actual Cost shall be the sum of CITY'S Actual Cost of Animal Care Field 12 Services, Animal Care Special Services, Animal Care Shelter Services, Animal Care License Processing 13 Services, and Animal Care Impound Processing Services. 14 C. FEE REVENUE 15 1. COUNTY shall have all fee collection powers of CITY and shall receive all cooperation 16 possible from CITY to enable efficient enforcement of fee collection. COUNTY shall retain all fee 17 revenue derived from the enforcement of the ordinances pertaining to Animal Care Services provided by 18 COUNTY. CITY'S Fee Revenue shall be credited to CITY'S Actual Cost of Animal Care Services. 19 2. COUNTY agrees to keep record of and to credit to CITY all fee revenue collected from 20 residents, generated from animals received, and generated from animals impounded from within the 21 corporate limits of CITY. 22 D. NET COST OF ANIMAL CARE SERVICES - CITY'S Net Cost of Animal Care Services shall 23 be determined by: 24 1. Reducing CITY'S Total Actual Costs by the total amount of Fee Revenue generated 25 from CITY. 26 2. Applying, in the October 2006 billing, any debit or credit for services to CITY provided 27 by COUNTY pursuant to the Agreement for Provision of Animal Care Services between COUNTY and 28 CITY for Fiscal Year 2004-05. 29 3. Applying, in the January 2007 billing, any debit or credit for services to CITY provided 30 by COUNTY pursuant to the Agreement for Provision of Animal Care Services between COUNTY and 31 CITY for Fiscal Year 2005-06. 32 E. PAYMENT METHOD 33 1. CITY shall pay COUNTY in arrears for the Net Cost of Animal Care Services provided. 34 Billings are due from COUNTY to CITY within (30) calendar days following the three-month Period 35 specified below. CITY shall pay COUNTY for Animal Care Services in accordance with the following 36 schedule: 37 f! 3 of 8 EXHIBIT A X:\CONTRACT 2006-07\Animal Care Services-Master2-06-07-HH.Dm ACSXK07 0 9 I Period Billing Due Payment Due 2 July 1 st through September 30th October 30th November 15th 3 October 1 st through December 31 st January 30th February 15th 4 January 1st through March 31st April 30th May 15th 5 April I st through June 30th July 30th August 15th 6 7 2. If payment is not received by COUNTY by the Payment Due date specified in subparagraph g III.E. above, COUNTY may cease providing any further service under this Agreement and may satisfy 9 the indebtedness in any manner prescribed by law. 10 F. CITY shall not be called upon to assume any liability for the direct payment of any salaries, 11 wages or other compensation to any COUNTY personnel performing services hereunder for COUNTY, 12 or any liability other than provided for in the Agreement. CITY shall not be liable for compensation or 13 indemnity to any COUNTY employee for injury or sickness arising out of his or her employment. 14 G. hi the event this Agreement is extended in accordance with the Term paragraph of this 15 Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to 16 one -twelfth (1/12) of the sum of CITY'S Net Cost for the previous July 1st through June 30th period. 17 Said payments shall be due to COUNTY no later than forty-five (45) calendar days after the month in 18 which services were provided. 19 1. If CITY'S Net Costs of services provided during this extension period are less than the 20 provisional payments then COUNTY shall credit the difference to CITY in a FY 2007-08 Agreement 21 between CITY and COUNTY for Animal Care Services. If CITY does not enter into a subsequent 22 Agreement with COUNTY for Animal Care Services, COUNTY shall refund the difference. 23 2. If CITY'S Net Costs of services provided during this extension period are greater than the 24 provisional payments then COUNTY shall debit the difference to CITY in a FY 2007-08 Agreement 25 between CITY and COUNTY for Animal Care Services. If CITY does not enter into a subsequent 26 Agreement with COUNTY for Animal Care Services, COUNTY shall invoice CITY for the difference. 27 If payment is not received by COUNTY within sixty (60) calendar days after the invoice is submitted, 28 COUNTY may satisfy the indebtedness in any manner prescribed by law. 29 30 IV. RECORDS 31 A. All records created or received by COUNTY in accordance with the performance of COUNTY 32 services pursuant to this Agreement are confidential. COUNTY agrees to keep such books and records 33 in such form and manner as the Auditor -Controller of COUNTY shall specify. Said books and records 34 shall be open for examination by CITY at all reasonable times. 35 B. Once each year, COUNTY shall deliver to CITY only the addresses of each CITY licensed pet 36 upon demand without additional expense or cost to CITY. Any such information requested which is 37 confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to 4 of 8 EXHIBIT A X:\CONTRACT 2006-07\Anim l Care Services-Masrer2-06-07-HH.Do ACSXK07 0 9 I Government Code section 6254.5(e). Prior to each disclosure, CITY agrees to complete and return to 2 COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties 3 agree and understand that this procedure is required by the Public Records Act and necessitated to 4 permit CITY to obtain the information required for its use, and to allow COUNTY to disclose said 5 information without the risk of waiver of the right to refuse to disclose such confidential information to 6 others. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in 7 possession of such records, and permitted by state law to disclose them voluntarily. 8 9 V. REPORTS 10 COUNTY shall provide to CITY written, Quarterly Reports of Animal Care Services income, 11 expenses and service activities for each Period specified below. Said reports will be due to CITY within 12 thirty (30) calendar days of the month following the reporting period, in accordance with the schedule 13 below: 14 Period Reports Due 15 July 1st through September 30th October 30th 16 October 1st through December 31st January 30th 17 January 1st through March 31st April 30th 18 April 1st through June 30th July 30th 19 20 VI. SERVICES TO BE PROVIDED BY COUNTY 21 A. COUNTY agrees, under the direction of COUNTY'S Health Care Agency Director, or 22 designee, to provide to CITY Animal Care Services specified in Exhibit B to this Agreement. Services 23 provided by COUNTY shall include the enforcement of State statutes deemed applicable to CITY by 24 COUNTY. Services shall be provided in the following categories: 25 1. ANIMAL CARE FIELD SERVICES 26 a. Animal Care Field Services shall be provided seven days a week, 24 hours per day, 27 365 days a year, with the level of service reduced between the hours of 11:00 p.m. and 7:00 a.m. 28 Telephone service request lines shall be answered between 8:00 a.m. and 5:00 p.m. every day, except 29 holidays; lines shall be monitored and responded to on a priority basis on holidays and after 5:00 p.m. 30 Activities include, but are not limited to: patrol of assigned regional areas; 24-hour Emergency Response 31 service; impounding of stray dogs or confined stray cats and of owner -released animals; pick up of 32 injured wildlife; cruelty investigations; field release to owner and impound fee collection for licensed 33 dogs impounded; bite investigations; quarantine activities including home checks of animals involved in 34 bites; inspections of sites which are required to comply with the vicious dog ordinance; transportation of 35 all injured impounded animals to emergency veterinarians; issuance of citations; impounding of dead 36 animals for disposal; response to service request calls from law enforcement and city officials to assist in 37 areas regarding suspected criminal activities or zoning violations; citizen contacts to provide information 5 of 8 EXHIBIT A XXONTRACT 2006-07Wnimal Care Services-Mwa2-06-07-HH.Dw ACSXK07 0 0 1 or advice regarding wildlife or other animal concerns, not to include wildlife eradication or relocation 2 services. 3 b. In-house field services activities which may not require contact in the field by an officer 4 shall include, but not be limited to: assistance to citizens regarding barking dogs and other nuisance 5 complaints; advice regarding wildlife management and other issues. 6 2. ANIMAL CARE SPECIAL SERVICES 7 a. In keeping with Public Health laws which require rabies vaccination and licensing of all 8 dogs over four (4) months old, COUNTY shall canvass residences within CITY to locate and license 9 unlicensed dogs. The number of hours of canvassing provided to CITY by COUNTY shall be prorated 10 based on available canvassing hours and Net Costs of cities receiving canvassing services from 11 July 1, 2005 through June 30, 2006. At the sole discretion of COUNTY, the number of hours of 12 canvassing may be adjusted to include cities that did not receive canvassing services from July 1, 2005 13 through June 30, 2006; provided, however, COUNTY notifies CITY, in writing sixty (60) calendar days 14 prior to said adjustment to canvassing hours. Licenses shall be sold at the residence; enforcement 15 officers will follow-up on problems when necessary. Nothing in this Agreement prohibits other methods 16 for the sale of dog licenses by CITY or COUNTY. 17 b. All animal -related businesses in the jurisdiction shall be inspected in accordance with 18 COUNTY established inspection schedules, and in response to any complaints received to assure that 19 facilities meet required standards. Appropriate notification shall be given to CITY. In those cities 20 which allow animal permits for private homes, permits shall be issued with the approval of CITY 21 following neighborhood investigation and inspection of the home to assure that the residence has 22 adequate facilities to maintain the requested number of animals. Pet license renewals shall be processed 23 through an automated renewal system. COUNTY will process renewals and answer telephone and in - 24 person questions regarding licensing requirements. 25 3. ANIMAL CARE SHELTER SERVICES 26 a. Shelter shall receive animals from the public 365 days a year from 7:00 a.m. until 27 11:00 p.m. Stray animals shall be accepted without charge. Owners who release their animals will be 28 charged a fee. The Shelter shall be open to the public to locate lost pets or for pet adoption during hours 29 designated by COUNTY. A low cost vaccination clinic will be held at the Shelter the first Tuesday of 30 each month, or at such other times and locations designated by COUNTY. 31 b. If CITY is City of La Habra or the City of Santa Ana, the Shelter shall receive animals 32 from CITY animal control officers, at times arranged by COUNTY. COUNTY shall coordinate this 33 service and notify CITY of procedures and times for receipt of these animals. 34 c. The Shelter shall retain dogs, cats and all other impounded animals in accordance with 35 state law. Animals will be kept on public display to allow owner identification. When animals are 36 wearing identification, owners will be contacted by telephone and by mail. If animals are not redeemed 37 by their owners and adoption holds have not been placed, some may be made available for adoption for 6 of 8 EXHIBIT A XACONTRACT 2006-07Animal Care Services-Master2-06-07-1414.1)oc ACSXK07 0 9 I an additional time period on a space available basis. Those which are neither redeemed nor adopted may 2 be euthanized and carcasses disposed of. 3 d. 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) calendar days 5 advance notice. Such service will be provided to CITY upon written approval of COUNTY'S Health 6 Care Agency Director, or designee. If agreed to, additional animal retention days will be offered on a 7 space available basis only. CITY shall pay charges for additional retention days in accordance with the 8 Payments paragraph of Exhibit A to this Agreement. 9 e. Veterinary services shall be available seven (7) days a week. Services provided shall be 10 consistent with standards established by the California Veterinary Medical Board, and shall include 11 emergency, routine, and preventive veterinary care as required. Veterinary staff shall perform required 12 euthanasia by lethal injection. Necropsies shall be performed on animals that die under suspicious 13 circumstances or at the request of law enforcement. 14 f. No animals may be donated, sold or otherwise released for the purposes of 15 experimentation, research or vivisection. 16 g. For the purposes of determining whether CITY shall be assessed boarding fees, 17 COUNTY shall request verification of residence for any person residing in CITY who delivers any 18 animal to COUNTY'S Animal Shelter. COUNTY shall also verify where a person resides within the 19 corporate boundaries of CITY. 20 4. ANIMAL CARE LICENSE PROCESSING SERVICES - COUNTY shall sell or release 21 impounded dogs to CITY residents only upon proof of rabies vaccination, the payment of CITY dog 22 license fees, and issuance of a dog license voucher. The COUNTY shall maintain a record of all dog 23 license fees collected and shall forward copies of dog license receipts to CITY within seven (7) business 24 days for CITY processing. CITY agrees to pay a license processing fee of $5.50 for each dog license 25 voucher issued by COUNTY. Said revenue and charges shall be reflected under Animal Care Shelter 26 Services and credited to CITY in accordance with the Payments Paragraph of Exhibit A to this 27 Agreement. CITY shall make its best effort to provide, monthly, updated dog licensing information to 28 COUNTY. 29 5. ANIMAL CARE IMPOUND PROCESSING SERVICES - CITY agrees to pay an impound 30 processing fee of $4.00 for animal photography and impound data entry into the animal management 31 database, for each animal impounded by CITY Animal Control. Said revenue and charges shall be 32 reflected under Animal Care Shelter Services and credited to CITY in accordance with the Payments 33 Paragraph of Exhibit A to this Agreement. 34 B. Animal Care Field Services, Animal Care Special Services, and Animal Care Shelter Services 35 provided by COUNTY under this Agreement shall be established as those customarily provided to 36 residents of unincorporated areas of COUNTY. 37 H 7 of 8 EXHIBIT A XACONTRACT 2006-07Wnimal Care Services-Mmter2-06-07-HH.Dm ACSXK07 0 1 C. If CITY is the City of Santa Ana, COUNTY shall provide notification to CITY residents upon 2 resident's adoption of a dog. The notification shall state that CITY resident is required to obtain a dog 3 license from CITY within fourteen (14) calendar days of adoption. CITY shall make its best efforts to 4 provide, monthly, updated dog licensing information to COUNTY. 5 D. COUNTY shall furnish and supply all necessary labor, supervision, equipment, and supplies to 6 provide the services described in this Agreement. In all instances wherein special supplies, stationery, 7 notices, forms and the like are issued in the name of CITY, the same shall be supplied by CITY at its 8 own expense. 9 E. The method by which services are provided, the standard of performance, any other matters 10 incidental to the performance of such services, and the control of personnel so employed, shall be 11 determined by COUNTY. In the event of a dispute between the parties as to the extent of the duties and 12 functions to be provided hereunder, or the level and manner of performance of such services, the parties 13 shall meet in good faith to resolve their differences. In the event of an impasse, the decision of 14 COUNTY'S Health Care Agency Director, or designee, shall be final. 15 F. To facilitate the performance of services hereunder, COUNTY shall have full cooperation and 16 assistance from CITY, its officers, agents and employees. 17 G. COUNTY agrees to maintain its animal shelter in a humane manner and keep said premises in a 18 clean condition at all times, and that all services furnished by it hereunder shall be in accordance with 19 the laws of the State of California, and that it will give required notices and use humane methods of care 20 and destruction of any animal coming under its jurisdiction. 21 H. COUNTY shall provide community outreach programs, and shall coordinate such programs 22 with CITY through a designated City Liaison provided by COUNTY. Outreach efforts shall include, but 23 not be limited to, mobile licensing and adoption events, and visits to schools and community groups to 24 provide education regarding wildlife management, responsible pet ownership and other animal related 25 issues topics. 26 I. ANIMALS RETAINED FOR CRIMINAL PROSECUTION - Animals which are being retained 27 in criminal prosecutions, except for violations of Animal Control regulations and/or ordinances pursuant 28 to this Agreement, are not to be construed as held pursuant to the services provided under this 29 Agreement; housing will be provided at the discretion of COUNTY and at COUNTY'S usual and 30 customary charges for such housing. 31 // 32 33 // 34 // 35 36 37 // 8 of 8 EXHIBIT A XACONTRACT 2006-07Wnim l Care Services-Master2-06-07-HH.Doc ACSXK07 0 0 1 EXHIBIT B 2 TO AGREEMENT WITH 3 CITY OF SAN JUAN CAPISTRANO 4 ANIMAL CARE SERVICES 5 FISCAL YEAR 2006 - 2007 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 1/ 25 26 27 28 // 29 // 30 // 31 // 32 // 33 !f 34 // 35 36 // 37 // 1 of 1 EXHIBIT B XACONTRACT 2006-07Wnim lCare Services-Master2-06-07-HH.Dm 4/25/20064:57 PM ACSIKKO7 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuanc4zpistrano.org TRANSMITTAL MEMBERS OF THE GIN COUNCIL TO: Jennifer Phillips, Director, Orange County Animal Care Services 561 The City Drive South Orange, CA 92868 FROM: Maria Guevara, Deputy City Clerk (949) 443-6309 SUBJECT: Animal Care Services Agreement 2006-2007 An original, executed agreement is enclosed for your records. Michael Cantor, Senior Management Analyst (949) 234-4565 C*.l Printed an 100% Recycled Paper SAMALLEVATO DIANE RATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN July 20, 2006 San Juan Capistrano: Preserving the Past to Enhance the Future AGENDA REPORT TO: David F. Adams, City Manage FROM: Michael Cantor, Senior Management Analyst SM 12006 SUBJECT: Consideration of Agreement for Provisions of Animal Care Services with the County of Orange for Fiscal Year 2006-2007. RECOMMENDATION: By motion, approve the Agreement with the Orange County Animal Care Services for Fiscal Year 2006-2007 in the amount not to exceed $65,000 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 organization 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 2006-2007. Agenda Report • Page 2 • August 1, 2006 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None. FINANCIAL CONSIDERATIONS: The cost 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 estimated payment. A new cost system for FY 2006-07 will be implemented that will invoice contract cities on actual expenditures. Invoices will be generated quarterly. In previous years, the City was invoiced a provisional amount and adjustments were made in the following fiscal year based on expenditures. Last year's contract was approved for $58,725. This year's contract is estimated to be increased by $2,732 to $61,457. 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 2006-2007 in the amount not to exceed $65,000 and authorize the Mayor to execute the Agreement. Respectfully submitted, *Z�e4e�;7 Michael Cantor Senior Management Analyst Attachments: 1. June 12, 2006 letter from Animal Care Services 2. July 11, 2006 letter from Animal Care Services 3. Agreement for Provision of Animal Care Services Excellence ted ity - et vice June 12, 2006 0 COUNTY OF ORANGE HEALTH CARE AGENCY REGULATORY HEALTH SERVICES ANIMAL CARE SERVICES City of San Juan Capistrano David Adams, City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: FY 2006-07 Animal Care Services Requested Budget Dear Mr, Adams, JULIETTE A. POULSON, RN, MN DIRECTOR MIKE SPURGEON DEPUTY AGENCY DIRECTOR REGULATORY HEALTH SERVICES JENNIFER PHILLIPS DIRECTOR ANIMAL CARE SERVICES MAILING ADDRESS: 561 THE CITY DRIVE, SOUTH ORANGE, CA 92868 TELEPHONE: 7 -7107 FA :(7141935-63 Enclosed is the Requested FY 2006-07 City Budget. This represents an estimate of individual city payments based on the 2006-07 requested budget, plus the expenses of the Master Plan, less your FY 2004-05 city credit, less your estimated FY 2005-06 credit. As addressed in previous correspondence and at the City Managers Financial and Operational Advisory Board meetings, ACS will be implementing a new system for FY 2006-07 that will invoice contract cities on actual expenditures rather than provisional payments. As part of implementing this new system, contract cities will be receiving credits for both FY 2004-05 and FY 2005-06. The Master Plan represents expenses that will be incurred for FY 2006-07 for the purpose of improving operations of the shelter, enhancing the visitors' experience at the Animal Care Center, and providing reasonable and safe working conditions for the employees as presented to the City Managers at our May 18", City Manager's meeting. The Master Plan consists of five separate projects and totals $335,930. The Estimated FY 2005-06 credit is based on FY 2005-06 3`s quarter budget projections, the most current information available at the time this study was conducted. Therefore, this amount is only an estimate and is expected to change based on actual expenditures through June 30. In an effort to make the transition from provisional payments to actual billings as smooth as possible, ACS staff will be closely monitoring each city's budget. We also recommend that you monitor your individual city's status, and contact my staff if we can provide you with any additional background data or information regarding your city's expenditures. You may contact me at (714) 935-7107 or Julia Rinaldi EI -Abd at (714) 834-5210. cc: Mike Spurgeon, Deputy Agency Director, Regulatory Health Services Julia Rinaldi El -Abd, Program Analyst, Regulatory Health Services ATTACHMENT 1 JUN 14 2006 i � O C (') r�{r <d n 1(!�mD (mn 1-0 ImOSU m �i oLim coI Dy �9I O z O N 'Xo `O G c Z I D O o im J pZ� .m < m O .1J m J 91 w o 1G) J m < D m 5 x J (n x o W D M 11 o ca p lwI, 1 _ � (O A A VAN --�.tD V A W N D) Oi47 N W NIA m A A NIQ1 ',A T O p» I;� O e N o e o o e o e e o tae o e e o e o to to N fO p to (D U { � IIEA ,�� N fA � Hi EA fA d3 fA (A In � N W , w W I O T (O W Oi O fD N m N m V W N AIW A A A OJ N N A m A DJ N N W O (O V W 'O Q �I W N (p A N V W Ql W O (O (O V 147 O N N A (O N N I I II N Efl E» ! o W W W N W � II fA EA fA Eli fA Efl (i3 W T CD EA EA EA EA di W fA V3 EA N fA iV3 EA W W N -� fA fA fA D7 O O10 N O O N A_ N NII O N W W W A OIW A'A A�O'�A Oi:rn 1 t0 A N fA N� NIS O N EA m V N j N N A B N N fO V W N A!O V A tp N O� N 0 m O� W ap mI V` N O` V N W N O� O AA_ T A O� -SIN O'N m � m .J. N A O !AIW iN �y ..j « < D m W W N p N» N m W� W I (il N m N O � WO�VOANW N� OvjO��INOf�Dy WOOA I ' N � d O N N �iN'+n � tq A M H 1MIW N tl1 A d W bl '.EM OJ 0� (p V� /P .0Q c CD y N CL T N O O O v c a CD xcellence tel#y device July 11, 2006 0 0 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 2006-07 Estimated City Payment 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: 561 THE CITY DRIVE, SOUTH ORANGE, CA 92868 TELEPHONE: (714) 935-7107 FAX: (714) 9356373 On June 23, 2006, Animal Care Services (ACS) sent two copies of the FY 2006-07 Agreement for Animal Care Services for signature. Since then, ACS has received some inquiries from our contract cities regarding the absence of a dollar amount in this Agreement. At the request of ourcontract cities, the Health Care Agency implemented a new cost system for FY 2006-07 that will invoice contract cities on actual expenditures rather than provisional payments. The change in methodology dictated removal of the dollar amount from the contract as quarterly billings are now based on actual usage. On June 12, 2006, ACS mailed a cover letter and spreadsheet that provided a detailed breakdown of your FY 2006-07 estimated city payment. The FY 2006-07 estimated annual city payment for the City of San Juan Capistrano is $61,457. Actual cost will be based on actual usage during FY 2006-07. In an effort to make the transition from provisional payments to actual billings as smooth as possible, ACS staff will be closely monitoring each city's budget. We also recommend that you monitor your individual city's status, and contact my staff if we can provide you with any additional background data or information regarding your city's expenditures. ACS is requesting that one of agreements with the completed signature page be returned no later than September 1, 2006, to Jennifer Phillips, Director, Orange County Animal Care Services, 561 The City Drive South, Orange, CA 92868. Please contact Julia Rinaldi El -Abd at (714) 834-5210 or myself at (714) 935-7107. Best RePs ennifer Director cc: Mike Spurgeon, Deputy Agency Director, Regulatory Health Services Julia Rinaldi El -Abd, Program Support Analyst, Regulatory Health Services ATTACHMENT 2 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 2006 - 2007 8 9 THIS AGREEMENT entered into this 1 st day of July 2006, 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 23 24 25 26 1! 27 H 28 29 H 30 31 H 32 H 33 34 35 H 36 H 37 /! ATTACHMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 E CONTENTS PARAGRAPH is PAGE EXHIBIT B Type of Animal Care Service ... // ill // // // // 2 of 7 X:\CONTRACT 2006-07\Animal Care Services-Master2-06-07-HH.Doc ................................1 Page ACSXK07 TitlePage................................................................................................................................. 1 I. Contents................................................................................................................................... 2 H. 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............................................................................................................................. 5 VIII. Third Party Beneficiary ........................................................................................................... 6 IX. Waiver of Default or Breach................................................................................................... 6 SignaturePage......................................................................................................................... 7 EXHIBIT B Type of Animal Care Service ... // ill // // // // 2 of 7 X:\CONTRACT 2006-07\Animal Care Services-Master2-06-07-HH.Doc ................................1 Page ACSXK07 EXHIBIT A I. Conformity of Laws or Regulations......................................................................................... 1 H. Financial/Operational Advisory Board.................................................................................... 2 III. Payments................................................................................................................................... 2 N. Records..................................................................................................................................... 4 V. Reports...................................................................................................................................... 5 VI. Services to be Provided by County .......................................................................................... 5 EXHIBIT B Type of Animal Care Service ... // ill // // // // 2 of 7 X:\CONTRACT 2006-07\Animal Care Services-Master2-06-07-HH.Doc ................................1 Page ACSXK07 0 I REFERENCED CONTRAUT PROV15R 2 3 Term: July 1, 2006 through June 30, 2007 4 5 Notices to COUNTY and CITY: 6 7 COUNTY: County of Orange 8 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 14 Contract Development and Management 405 West 5th Street, Suite 600 15 Santa Ana, CA 92701-4637 16 17 CITY: David Adams 18 City Manager City of San Juan Capistrano 19 32400 Paseo Adelanto 20 San Juan Capistrano, CA 92675 21 22 H 23 H 24 h 25 H 26 H 27 H 28 H 29 H 30 H 31 H 32 H 33 34 H 35 H 36 H 37 H 3 of 7 XACONTRACT 2006-07Wnim iCare Services-Master2-06-07-HH.Do ACSXK07 0 0 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 Each party agrees to indemnify and hold harmless the other party, its officers, agents and employees 10 from all liability, claims, losses and demands, including defense costs, whether resulting from court 11 action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or 12 employees, or arising out of the condition of property used in the performance of this Agreement. Each 13 party agrees to provide the indemnifying party with written notification of any claim within thirty (30) 14 calendar days of notice thereof, to allow the indemnifying party control over the defense and settlement 15 of the claim, and to cooperate with the indemnifying party in its defense. 16 17 III. NOTICES 18 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements 19 authorized or required by this Agreement shall be effective: 20 1. When written and deposited in the United States mail, first class postage prepaid and 21 addressed as specified on Page 3 of this Agreement or otherwise directed by ADMINISTRATOR; 22 2. When FAXed, transmission confirmed; 23 3. When sent by electronic mail; or 24 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel 25 Service, or other expedited delivery service. 26 B. Termination Notices shall be addressed as specified on Page 3 of this Agreement or as 27 otherwise directed by ADMINISTRATOR and shall be effective when FAXed, transmission confirmed, 28 or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other 29 expedited delivery service. 30 C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming 31 aware of any occurrence of a serious nature, which may expose either party to liability. Such 32 occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or 33 damage to any County property in possession of CITY. 34 D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by 35 ADMINISTRATOR. 36 // 37 // 4 of 7 XACONTRACT 2006-07\Animal Care Services-Master2-06-07-HH.Dm ACSXK07 0 0 I IV. SEVERABILITY 2 If a court of competent jurisdiction declares any provision of this Agreement or application thereof 3 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any 4 Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or 5 the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain 6 in full force and effect, and to that extent the provisions of this Agreement are severable. 7 8 V. STATUS OF THE PARTIES 9 Each party is, and shall at all times be deemed to be, an independent contractor and shall be wholly 10 responsible for the manner in which it performs the services required of it by the terms of this 11 Agreement. Each party is entirely responsible for compensating staff and consultants employed by that 12 party. This Agreement shall not be construed as creating the relationship of employer and employee, or 13 principal and agent, between COUNTY and CITY or any of either party's employees, agents, 14 consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its 15 employees, agents, consultants, or subcontractors as they relate to the services to be provided during the 16 course and scope of their employment. Each party, its agents, employees, or subcontractors, shall not be 17 entitled to any rights or privileges of the other party's employees and shall not be considered in any 18 manner to be employees of the other party. 19 20 VI. TERM 21 A. The term of this Agreement shall commence and terminate as specified on Page 3 of this 22 Agreement, unless otherwise sooner terminated as provided in this Agreement; provided, however, 23 COUNTY shall be obligated to perform such duties as would normally extend beyond this term, 24 including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting 25 and accounting. 26 B. The term of this Agreement shall be automatically extended for a 180 -day period through 27 December 31, 2007, if a successor Agreement between the parties is not in force by July 1, 2007, and no 28 notice of non -renewal has been given by either CITY or COUNTY in accordance with the Termination 29 paragraph of this Agreement. 30 C. If either party determines not to renew this Agreement, a minimum of six (6) months' written 31 notice shall be given to the other party. 32 33 VII. TERMINATION 34 A. If either party determines not to renew this Agreement, written notice shall be given to the other 35 party no later than December 31, 2006. 36 B. Any obligation of COUNTY under this agreement is contingent upon the following: 37 H 5 of 7 XACONTRACT 2006-07Wnimal Care Services-Muter2-06-07-HH.Doc ACSXK07 0 0 1 1. Inclusion of sufficient funding for the services hereunder in the applicable budgets approved 2 by the Board of Supervisors. 3 2. In the event such funding is subsequently reduced or terminated, COUNTY may terminate 4 this agreement upon thirty (30) calendar days written notice given to CITY. 5 6 VIII. THIRD PARTY BENEFICIARY 7 Neither party hereto intends that this Agreement shall create rights hereunder in third parties 8 including, but not limited to, any subcontractors or any clients provided services hereunder. 9 10 IX. WAIVER OF DEFAULT OR BREACH 11 Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any 12 breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. 13 Waiver of any default or any breach shall not be considered a modification of the terms of this 14 Agreement. 15 // 16 // 17 !! 18 // 19 // 20 !/ 21 !! 22 !! 23 !! 24 // 25 /! 26 !! 27 // 28 // 29 !/ 30 // 31 32 !/ 33 !! 34 // 35 !! 36 // 37 // 6of7 XACONTRACT 2006-07Wnimal Care Services-Master2-06-07-HH.Dm ACSXK07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Is 0 IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. COUNTY OF ORANGE BY: DATED: JULIE -ITE A. POULSON, RN, MN DIRECTOR, HEALTH CARE AGENCY CITY OF SAN JUAN CAPISTRANO a municipal corporation M (ATTEST: MAYOR CITY CLERK DATE DATE APPROVED AS TO FORM: APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL CITY ATTORNEY ORANGE COUNTY, CALIFORNIA BY: sy BY: A;r— 7 Cno T7JJ DEPUTY DATE DATE 7 of 7 XACONTRACT 2006-07Wnimal Care Services-Mm2-06-07-HH.Do ACSXK07 0 0 I EXHIBIT A 2 TO AGREEMENT WITH 3 CITY OF SAN JUAN CAPISTRANO 4 ANIMAL CARE SERVICES 5 FISCAL YEAR 2006 — 2007 6 7 I. CONFORMITY OF LAWS OR REGULATIONS 8 A. If CITY is considering adopting an ordinance and requesting its enforcement by COUNTY, 9 COUNTY'S Health Care Agency Director or designee may provide assistance to CITY in defining the 10 manner in which the proposed ordinance enforcement would be provided by COUNTY. Requests for 11 assistance must be made in writing and received by COUNTY sixty (60) calendar days prior to the 12 requested implementation of the service. The manner and extent to which services are provided by 13 COUNTY in response to CITY'S request shall be determined by COUNTY'S Health Care Agency 14 Director, or designee, and may be provided if the cost of such services can be delineated and 15 accommodated under the provisions of the Payments paragraph of Exhibit A to this Agreement. 16 B. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY. 17 Requests for exclusion must be submitted in writing and received by COUNTY sixty (60) calendar days 18 prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if they are 19 not in conflict with State statutes or do not endanger the public health. COUNTY'S Health Care 20 Agency Director, or designee, acting on behalf of COUNTY, may use discretion and need not request 21 CITY to adopt amendments which do not apply to CITY. COUNTY shall notify CITY, in writing, of 22 COUNTY'S decision regarding the requested exclusion. 23 C. Notwithstanding anything to the contrary herein contained, if CITY is not the City of 24 Anaheim, City of La Habra or the City of Santa Ana, CITY agrees to the following: 25 1. This Agreement shall terminate at any time that CITY fails to enact, and to maintain in full 26 force and effect an ordinance identical in intent to the provisions of Article 1 through 10 of Division 1 of 27 Title 4, and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of the County of Orange, and 28 other regulations presently adopted by the Orange County Board of Supervisors concerning animal 29 control, including those which relate to fees. 30 2. This Agreement shall also terminate if CITY does not enact the same amendments to its 31 Municipal Code as those adopted by COUNTY'S Board of Supervisors regarding animal control within 32 sixty (60) calendar days after a request to do so by COUNTY'S Health Care Agency Director, or 33 designee. 34 D. If CITY is the City of La Habra or the City of Santa Ana, CITY agrees to the following: 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 j 1 of 8 EXHIBIT A XACONTRACT 2006-07Wni=l Care Service-Mmter2-06-07-1411.Do ACSXK07 0 0 1 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) calendar 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 E. If CITY is the City of Anaheim, COUNTY shall enforce the provisions of, and issue citations 8 for violations pursuant to, the codified ordinances of the Anaheim Municipal Code (Title 8) when 9 providing Animal Care Field Services within the legal boundaries of CITY. 10 11 II. FINANCIAL/OPERATIONAL ADVISORY BOARD 12 The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY'S 13 Director of Animal Care Services on financial and operational matters and to assess cost recovery 14 options for future years. The Financial/Operational Advisory Board shall be made up of seven (7) 15 members, six (6) members appointed by the Orange County League of Cities and one (1) member 16 appointed by COUNTY. 17 18 III. PAYMENTS 19 A. BASIS FOR PAYMENT - CITY shall pay COUNTY the Net Cost of providing Animal Care 20 Services specified in Exhibit B to this Agreement. If CITY is the City of La Habra, Net Cost shall be 21 calculated to include Actual Cost, Fee Revenue, Net Cost, debits or credits for FY 2004-05, and debits 22 or credits for FY 2005-06 for the City of Buena Park. COUNTY agrees to collect and maintain 23 expenditure and workload data to be used to determine the Net Cost of Animal Care Services provided 24 to CITY by COUNTY during the term of this Agreement. 25 B. ACTUAL COST OF ANIMAL CARE SERVICES 26 1. CITY'S Actual Cost of Animal Care Field Services shall be determined by applying 27 CITY'S percentage of the total Animal Care Field Services provided by COUNTY to COUNTY'S Total 28 Actual Expenditures, including indirect charges, for providing all Animal Care Field Services within 29 County. 30 2. CITY'S Actual Cost of Animal Care Special Services shall be determined by applying 31 CITY'S percentage of the total animal licenses sold by COUNTY to the COUNTY'S Total Actual 32 Expenditures, including indirect charges, for providing all Animal Care Special Services within County. 33 3. CITY'S Actual Cost of Animal Care Shelter Services shall be determined by applying the 34 CITY'S percentage of animal charge days, for animals impounded from within the corporate limits of 35 CITY and animals received from residents of CITY, to COUNTY'S Total Actual Expenditures, 36 including indirect charges, for providing all Animal Care Shelter Services within County. An animal 37 2 of 8 EXHIBIT A X:\CONTRACT 2006-07\Animal Care Services-MmW2-06-07-HH.Dm ACSXK07 0 0 1 charge day is defined as each day or portion of a day that an animal is housed at COUNTY'S Animal 2 Shelter. 3 4. CITY'S Actual Cost of Animal Care License Processing Services shall be determined by 4 applying CITY'S percentage of Animal Care License Processing Services to COUNTY'S Total Actual 5 Expenditures, including indirect charges, for providing all Animal Care License Processing Services 6 within County. 7 5. CITY'S Actual Cost of Animal Care Impound Processing Services shall be determined by 8 applying CITY'S percentage of Animal Care Impound Processing Services to COUNTY'S Total Actual 9 Expenditures, including indirect charges, for providing all Animal Care Impound Processing Services 10 within County. 11 6. CTTY'S Total Actual Cost shall be the sum of CITY'S Actual Cost of Animal Care Field 12 Services, Animal Care Special Services, Animal Care Shelter Services, Animal Care License Processing 13 Services, and Animal Care Impound Processing Services. 14 C. FEE REVENUE 15 1. COUNTY shall have all fee collection powers of CITY and shall receive all cooperation 16 possible from CITY to enable, efficient enforcement of fee collection. COUNTY shall retain all fee 17 revenue derived from the enforcement of the ordinances pertaining to Animal Care Services provided by 18 COUNTY. CITY'S Fee Revenue shall be credited to CITY'S Actual Cost of Animal Care Services. 19 2. COUNTY agrees to keep record of and to credit to CITY all fee revenue collected from 20 residents, generated from animals received, and generated from animals impounded from within the, 21 corporate limits of CITY. 22 D. NET COST OF ANIMAL CARE SERVICES - CITY'S Net Cost of Animal Care Services shall 23 be determined by: 24 1. Reducing CITY S Total Actual Costs by the total amount of Fee Revenue generated 25 from CITY. 26 2. Applying, in the October 2006 billing, any debit or credit for services to CITY provided 27 by COUNTY pursuant to the Agreement for Provision of Animal Care Services between COUNTY and 28 CITY for Fiscal Year 2004-05. 29 3. Applying, in the January 2007 billing, any debit or credit for services to CITY provided 30 by COUNTY pursuant to the Agreement for Provision of Animal Care Services between COUNTY and 31 CITY for Fiscal Year 2005-06. 32 E. PAYMENT METHOD 33 1. CITY shall pay COUNTY in arrears for the Net Cost of Animal Care Services provided. 34 Billings are due from COUNTY to CITY within (30) calendar days following the three-month Period 35 specified below. CITY shall pay COUNTY for Animal Care Services in accordance with the following 36 schedule: 37 3 of 8 EXHIBIT A XACONTRACT 2006-07Wni=l Care Services-Master2-06-07-HH.Doc ACSXK07 0 0 1 Period Billing Due Payment Due 2 July 1st through September 30th October 30th November 15th 3 October 1 st through December 31 st January 30th February 15th 4 January 1st through March 31st April 30th May 15th 5 April 1st through June 30th July 30th August 15th 6 7 2. If payment is not received by COUNTY by the Payment Due date specified in subparagraph 8 III.E. above, COUNTY may cease providing any further service under this Agreement and may satisfy 9 the indebtedness in any manner prescribed by law. 10 F. CITY shall not be called upon to assume any liability for the direct payment of any salaries, 11 wages or other compensation to any COUNTY personnel performing services hereunder for COUNTY, 12 or any liability other than provided for in the Agreement. CITY shall not be liable for compensation or 13 indemnity to any COUNTY employee for injury or sickness arising out of his or her employment. 14 G. In the event this Agreement is extended in accordance with the Term paragraph of this 15 Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to 16 one -twelfth (1/12) of the sum of CITY'S Net Cost for the previous July 1st through June 30th period. 17 Said payments shall be due to COUNTY no later than forty-five (45) calendar days after the month in 18 which services were provided. 19 1. If CITY S Net Costs of services provided during this extension period are less than the 20 provisional payments then COUNTY shall credit the difference to CITY in a FY 2007-08 Agreement 21 between CITY and COUNTY for Animal Care Services. If CITY does not enter into a subsequent 22 Agreement with COUNTY for Animal Care Services, COUNTY shall refund the difference. 23 2. If CITY'S Net Costs of services provided during this extension period are greater than the 24 provisional payments then COUNTY shall debit the difference to CITY in a FY 2007-08 Agreement 25 between CITY and COUNTY for Animal Care Services. If CITY does not enter into a subsequent 26 Agreement with COUNTY for Animal Care Services, COUNTY shall invoice CITY for the difference. 27 If payment is not received by COUNTY within sixty (60) calendar days after the invoice is submitted, 28 COUNTY may satisfy the indebtedness in any manner prescribed by law. 29 30 IV. RECORDS 31 A. All records created or received by COUNTY in accordance with the performance of COUNTY 32 services pursuant to this Agreement are confidential. COUNTY agrees to keep such books and records 33 in such form and manner as the Auditor -Controller of COUNTY shall specify. Said books and records 34 shall be open for examination by CITY at all reasonable times. 35 B. Once each year, COUNTY shall deliver to CITY only the addresses of each CITY licensed pet 36 upon demand without additional expense or cost to CITY. Any such information requested which is 37 confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to 4 of 8 EXHIBIT A XACONTRACT 2006-07Wnimal Care Services-Mmter2-06-07-HHXD c ACSXK07 0 I Government Code section 6254.5(e). Prior to each disclosure, CITY agrees to complete and return to 2 COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties 3 agree and understand that this procedure is required by the Public Records Act and necessitated to 4 permit CITY to obtain the information required for its use, and to allow COUNTY to disclose said 5 information without the risk of waiver of the right to refuse to disclose such confidential information to 6 others. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in 7 possession of such records, and permitted by state law to disclose them voluntarily. 8 9 V. REPORTS 10 COUNTY shall provide to CITY written, Quarterly Reports of Animal Care Services income, 11 expenses and service activities for each Period specified below. Said reports will be due to CITY within 12 thirty (30) calendar days of the month following the reporting period, in accordance with the schedule 13 below: 14 Period Reports Due 15 July Ist through September 30th October 30th .16 October 1st through December 31st January 30th 17 January Ist through March 31st April 30th 18 April 1 st through June 30th July 30th 19 20 VI. SERVICES TO BE PROVIDED BY COUNTY 21 A. COUNTY agrees, under the direction of COUNTY'S Health Care Agency Director, or 22 designee, to provide to CITY Animal Care Services specified in Exhibit B to this Agreement. Services 23 provided by COUNTY shall include the enforcement of State statutes deemed applicable to CITY by 24 COUNTY. Services shall be provided in the following categories: 25 1. ANIMAL CARE FIELD SERVICES 26 a. Animal Care Field Services shall be provided seven days a week, 24 hours per day, 27 365 days a year, with the level of service reduced between the hours of 11:00 p.m. and 7:00 a.m. 28 Telephone service request lines shall be answered between 8:00 a.m. and 5:00 p.m. every day, except 29 holidays; lines shall be monitored and responded to on a priority basis on holidays and after 5:00 p.m. 30 Activities include, but are not limited to: patrol of assigned regional areas; 24-hour Emergency Response 31 service; impounding of stray dogs or confined stray cats and of owner -released animals; pick up of 32 injured wildlife; cruelty investigations; field release to owner and impound fee collection for licensed 33 dogs impounded; bite investigations; quarantine activities including home checks of animals involved in 34 bites; inspections of sites which are required to comply with the vicious dog ordinance; transportation of 35 all injured impounded animals to emergency veterinarians; issuance of citations; impounding of dead 36 animals for disposal; response to service request calls from law enforcement and city officials to assist in 37 areas regarding suspected criminal activities or zoning violations; citizen contacts to provide information 5 of 8 EXHIBIT A XACONTRACT 2006-OTAnimal Care Services-Master2-06-07-HH.Dw ACSXK07 I or advice regarding wildlife or other animal concerns, not to include wildlife eradication or relocation 2 services. 3 b. In-house field services activities which may not require contact in the field by an officer 4 shall include, but not be limited to: assistance to citizens regarding barking dogs and other nuisance 5 complaints; advice regarding wildlife management and other issues. 6 2. ANIMAL CARE SPECIAL SERVICES 7 a. In keeping with Public Health laws which require rabies vaccination and licensing of all 8 dogs over four (4) months old, COUNTY shall canvass residences within CITY to locate and license 9 unlicensed dogs. The number of hours of canvassing provided to CITY by COUNTY shall be prorated 10 based on available canvassing hours and Net Costs of cities receiving canvassing services from 11 July 1, 2005 through June 30, 2006. At the sole discretion of COUNTY, the number of hours of 12 canvassing may be adjusted to include cities that did not receive canvassing services from July 1, 2005 13 through June 30, 2006; provided, however, COUNTY notifies CITY, in writing sixty (60) calendar days 14 prior to said adjustment to canvassing hours. Licenses shall be sold at the residence; enforcement 15 officers will follow-up on problems when necessary. Nothing in this Agreement prohibits other methods 16 for the sale of dog licenses by CITY or COUNTY. 17 b. All animal -related businesses in the jurisdiction shall be inspected in accordance with 18 COUNTY established inspection schedules, and in response to any complaints received to assure that 19 facilities meet required standards. Appropriate notification shall be given to CITY. In those cities 20 which allow animal permits for private homes, permits shall be issued with the approval of CITY 21 following neighborhood investigation and inspection of the home to assure that the residence has 22 adequate facilities to maintain the requested number of animals. Pet license renewals shall be processed 23 through an automated renewal system. COUNTY will process renewals and answer telephone and in - 24 person questions regarding licensing requirements. 25 3. ANIMAL CARE SHELTER SERVICES 26 a. Shelter shall receive animals from the public 365 days a year from 7:00 a.m. until 27 11:00 p.m. Stray animals shall be accepted without charge. Owners who release their animals will be 28 charged a fee. The Shelter shall be open to the public to locate lost pets or for pet adoption during hours 29 designated by COUNTY. A low cost vaccination clinic will be held at the Shelter the first Tuesday of 30 each month, or at such other times and locations designated by COUNTY. 31 b. If CITY is City of La Habra or the City of Santa Ana, the Shelter shall receive animals 32 from CITY animal control officers, at times arranged by COUNTY. COUNTY shall coordinate this 33 service and notify CITY of procedures and times for receipt of these animals. 34 c. The Shelter shall retain dogs, cats and all other impounded animals in accordance with 35 state law. Animals will be kept on public display to allow owner identification. When animals are 36 wearing identification, owners will be contacted by telephone and by mail. If animals are not redeemed 37 by their owners and adoption holds have not been placed, some may be made available for adoption for 6 of 8 EXHIBIT A XACONTRACT 2006-07Wnimal Care Services-Maste2-06-07-HH.Da ACSXK07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 0 an additional time period on a space available basis. be euthanized and carcasses disposed of. 0 Those which are neither redeemed nor adopted may d. If CITY wishes to request additional retention days for healthy, non-aggressive animals impounded within CITY, such services may be requested in writing with sixty (60) calendar days advance notice. Such service will be provided to CITY upon written approval of COUNTY'S Health Care Agency Director, or designee. If agreed to, additional animal retention days will be offered on a space available basis only. CITY shall pay charges for additional retention days in accordance with the Payments paragraph of Exhibit A to this Agreement. e. Veterinary services shall be available seven (7) days a week. Services provided shall be consistent with standards established by the California Veterinary Medical Board, and shall include emergency, routine, and preventive veterinary care as required. Veterinary staff shall perform required euthanasia by lethal injection. Necropsies shall be performed on animals that die under suspicious circumstances or at the request of law enforcement. f. No animals may be donated, sold or otherwise released for the purposes of experimentation, research or vivisection. g. For the purposes of determining whether CITY shall be assessed boarding fees, COUNTY shall request verification of residence for any person residing in CITY who delivers any animal to COUNTY'S Animal Shelter. COUNTY shall also verify where a person resides within the corporate boundaries of CITY. 4. ANIMAL CARE LICENSE PROCESSING SERVICES - COUNTY shall sell or release impounded dogs to CITY residents only upon proof of rabies vaccination, the payment of CITY dog license fees, and issuance of a dog license voucher. The COUNTY shall maintain a record of all dog license fees collected and shall forward copies of dog license receipts to CITY within seven (7) business days for CITY processing. CITY agrees to pay a license processing fee of $5.50 for each dog license voucher issued by COUNTY. Said revenue and charges shall be reflected under Animal Care Shelter Services and credited to CITY in accordance with the Payments Paragraph of Exhibit A to this Agreement. CITY shall make its best effort to provide, monthly, updated dog licensing information to COUNTY. 5. ANIMAL CARE IMPOUND PROCESSING SERVICES - CITY agrees to pay an impound processing fee of $4.00 for animal photography and impound data entry into the animal management database, for each animal impounded by CITY Animal Control. Said revenue and charges shall be reflected under Animal Care Shelter Services and credited to CITY in accordance with the Payments Paragraph of Exhibit A to this Agreement. B. Animal Care Field Services, Animal Care Special Services, and Animal Care Shelter Services provided by COUNTY under this Agreement shall be established as those customarily provided to residents of unincorporated areas of COUNTY. H XACONTRACT 2006-07Wnim ] Cm Smica-Mute2-06-07-HH.Dm 7of8 EXHIBIT A ACSXK07 1 C. If CITY is the City of Santa Ana, COUNTY shall provide notification to CITY residents upon 2 resident's adoption of a dog. The notification shall state that CITY resident is required to obtain a dog 3 license from CITY within fourteen (14) calendar days of adoption. CITY shall make its best efforts to 4 provide, monthly, updated dog licensing information to COUNTY. 5 D. COUNTY shall furnish and supply all necessary labor, supervision, equipment, and supplies to 6 provide the services described in this Agreement. In all instances wherein special supplies, stationery, 7 notices, forms and the like are issued in the name of CITY, the same shall be supplied by CITY at its g own expense. 9 E. The method by which services are provided, the standard of performance, any other matters 10 incidental to the performance of such services, and the control of personnel so employed, shall be 11 determined by COUNTY. In the event of a dispute between the parties as to the extent of the duties and 12 functions to be provided hereunder, or the level and manner of performance of such services, the parties 13 shall meet in good faith to resolve their differences. In the event of an impasse, the decision of 14 COUNTY'S Health Care Agency Director, or designee, shall be final. 15 F. To facilitate the performance of services hereunder, COUNTY shall have full cooperation and 16 assistance from CITY, its officers, agents and employees. 17 G. COUNTY agrees to maintain its animal shelter in a humane manner and keep said premises in a 18 clean condition at all times, and that all services furnished by it hereunder shall be in accordance with 19 the laws of the State of California, and that it will give required notices and use humane methods of care 20 and destruction of any animal coming under its jurisdiction. 21 H. COUNTY shall provide community outreach programs, and shall coordinate such programs 22 with CITY through a designated City Liaison provided by COUNTY. Outreach efforts shall include, but 23 not be limited to, mobile licensing and adoption events, and visits to schools and community groups to 24 provide education regarding wildlife management, responsible pet ownership and other animal related 25 issues topics. 26 I. ANIMALS RETAINED FOR CRIMINAL PROSECUTION - Animals which are being retained 27 in criminal prosecutions, except for violations of Animal Control regulations and/or ordinances pursuant 28 to this Agreement, are not to be construed as held pursuant to the services provided under this 29 Agreement; housing will be provided at the discretion of COUNTY and at COUNTY'S usual and 30 customary charges for such housing. 31 // 32 33 // 34 35 36 // 37 MM XACONTRACT 2006-07\Animal Care Services-Master2-06-07-HH.Do EXHIBIT A ACSXK07 I EXHIBIT B 2 TO AGREEMENT WITH 3 CITY OF SAN JUAN CAPISTRANO 4 ANIMAL CARE SERVICES 5 FISCAL YEAR 2006 - 2007 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 !1 28 // 29 // 30 // 31 // 32 H 33 // 34 11 35 // 36 U 37 1/ 1 of I EXHIBIT B XACONTRACT 2006-07Wnirnal Care Services-Maeter2-06-07-HH.Dm 4/25/2006 4:57 PM ACSIKKO7 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on August 1, 2006 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 2006-2007." — Item No. D18. 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, July 31, 2006 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) 949-234- 4565 with any questions. The agenda, including agenda reports, www.sanivancapistrano.org. If you would agendas are posted to the web site, please council-agendas(cbsanivancapistrano.org. Meg Monahan, CMC City Clerk is available to you on our web site: like to subscribe to receive a notice when make that request by sending an e-mail to: cc: Orange County Animal Care Services; Capistrano Animal Rescue Effort (CARE); Michael Cantor, Senior Management Analyst " Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% Recycled Paper