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
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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:
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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
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TitlePage.................................................................................................................................
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Contents...................................................................................................................................
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Referenced Contract Provisions..............................................................................................
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I.
Alteration of Terms.................................................................................................................
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II.
Indemnification........................................................................................................................
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III.
Notices.....................................................................................................................................
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N.
Severability ..............................................................................................................................
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V.
Status of the Parties.................................................................................................................
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VI.
Term.........................................................................................................................................
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VII.
Termination.............................................................................................................................
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VIII.
Third Party Beneficiary ...........................................................................................................
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IX.
Waiver of Default or Breach...................................................................................................
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SignaturePage.........................................................................................................................
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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
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REFERENCED CONTRACT PROVISIONS
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Term:
July 1, 2006 through June 30, 2007
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5
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
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.
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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:
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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.
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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
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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
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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) 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
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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!
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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
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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
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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
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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
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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 //
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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
//
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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
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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
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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
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E
CONTENTS
PARAGRAPH
is
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EXHIBIT B
Type of Animal Care Service ...
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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 ...
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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 ...
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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
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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 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 //
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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
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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 !!
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25 /!
26 !!
27 //
28 //
29 !/
30 //
31
32 !/
33 !!
34 //
35 !!
36 //
37 //
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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:
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
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I EXHIBIT A
2 TO AGREEMENT WITH
3 CITY OF SAN JUAN CAPISTRANO
4 ANIMAL CARE SERVICES
5 FISCAL YEAR 2006 — 2007
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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
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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
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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:
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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
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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.
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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
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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
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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
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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
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an additional time period on a space available basis.
be euthanized and carcasses disposed of.
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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.
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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.
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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 2006 - 2007
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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
10
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
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
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