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12-0701_ORANGE, COUNTY OF_AgreementEXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF SAN JUAN CAPISTRANO July 1, 2012 THROUGH June 30, 2013 ANIMAL CARE NOTICE OF INTENT This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: July 1, 2012 through .Tune 30, 2013. COUNTY agrees to provide to the City of SAN JUAN CAPISTRANO the following Animal Care Services beginning July 1, 2012: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $92,788. Z This is a new Animal Care Notice of Intent for the Period indicated above. ❑ This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above. Significant Changes Since the Previous Animal Cage Notice of Intent: To the best of my knowledge, this notice COUNTY. ifzes the Animal Care Services to be provided by City ofIsW AN CAPISTRANO Representative and Title (- OC Animal Care Director SAN JUAN CAPISTRANO I of 1 Date Date 6/1912012 AGENDA REPORT H16 TO: Karen P. Brust, City Ilan e FROM: Michael Cantor, Safety & Emergency Services Manager SUBJECT: Consideration of Notice of Intent for Agreement for Provision of Animal Care Services for July 1, 2012 to June 30, 2013 (County of Orange) RECOMMENDATION: By motion, approve Exhibit B to Agreement for Provision of Orange County Animal Care Services — Animal Care Notice of Intent from July 1, 2012 to June 30, 2013 for an estimated amount of $92,788. SITUATION: The City of San Juan Capistrano has contracted with the County of Orange for Animal Care Services since the City incorporated. The County of Orange currently provides animal care services to eighteen 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. The County implemented a new "Evergreen" type of Agreement that was adopted by the City on November 18, 2008 and commenced on January 1, 2009 (Attachment 1). The term of the Agreement automatically renews each July 1 for twelve additional months. The City still has the same option to terminate the Agreement by providing six months written notice. Per the Agreement, the City will receive a Notice of Intent (Attachment 2) from the County each year by April 1, which will include the cost estimate and any agreed upon changes to the services provided to the City. The services provided by Orange County Animal Care Services during the previous contract year have met the intent of the Agreement. The Agreement with the County has proven to be a cost-effective way for the City to meet its animal care obligation. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None. Agenda Report .lune 19, 2012 Page 2 FINANCIAL CONSIDERATIONS: The estimate for services for Fiscal Year 2012-2013 is $92,788. The amount has been included in the Proposed Fiscal Year 2012-2013 Budget. The estimate for services for Fiscal Year 2011-2012 was $86,631. In Fiscal Year 2012-2013, there is an increase of $6,157 over Fiscal Year 2011-2012, or just over a 7% increase. The cost of animal care services is estimated by the County for Fiscal Year 2012-2013 based on the last full year of service, which was Fiscal Year 2010-2011. For the last several years, the budget figure has been $6,568,594 (this includes the operational costs of all the contract cities and the unincorporated served by the County). For Fiscal Year 2010-2011, the City's net cost was $81,373. This net cost represented 1.4126% of all payments from the contract Cities and the unincorporated. The County used this percentage to calculate the estimate for Fiscal Year 2012-2013. The estimate for the Notice of Intent for Fiscal Year 2012-2013 was based on the formula of 1.4126% x $6,568,594 which equals $92,788. It should be noted that in the last three years the City's actual net costs were less than the estimated Notice of Intent. Fiscal Year Notice of Intent Estimate Actual Cost to Cit - 2008-2009 $93,137 $75,609 2009-2010 $93,137 $74,100 2010-2011 $87,079 $81,373 The March 30, 2012 letter from the County requesting the City to review and sign the Notice of Intent is included as Attachment 3. Expenses are reduced by revenues collected such as impounds, citations and licensing. NOTIFICATION: Orange County Animal Care Services RECOMMENDATION: By motion, approve Exhibit B to Agreement for Provision of Orange County Animal Care Services — Animal Care Notice of Intent from July 1, 2012 to June 30, 2013 for an estimated amount of $92,788. Agenda Report Page 3 Respectfully submitted, —we, � �-- Michael Cantor Safety & Emergency Services Manager June 19, 2012 Attachments: 1. January 1, 2009 Agreement for Provision of Orange County Animal Care Services 2. Animal Care Notice of Intent 3. March 30, 2012 Notice of Intent cover letter 2 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 AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES BETWEEN COUNTY OF ORANGE AND CITY OF SAN JUAN. CAPISTRANO JANUARY 1., 2009 THROUGH .TUNE 30, 2009 THIS AGREEMENT entered into this 1 st day of January 2009, which date is enumerated for purposes of reference only, is by and between. the COUNTY OF ORANGE, a political subdivision of the State of California (COUNTY) and the CITY OF SAN JUAN CAPIST.RANO, a municipal corporation (CITY). This Agreement shall be administered by County of Orange OC Community Resources (ADMINISTRATOR). WITNESSETH: WHEREAS, CITY .wishes to contract with COUNTY for the provision of the OC Animal Care Services described herein; and WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions hereinafter set forth: i NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: ATTACHMENT 1 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 H 31 /l 32' 11 33 34 35 I/ 36 II 37 CONTENTS PARAGRAPH PAGE TitlePage ............. .:.......................................................................................... a .............. ......... 1 Contents... ............ ................................................................... 2 Referenced Contract Provisions.............................................................................................. 3 1. Alteration. of Terms ............................................................................................................. 4 H. Indemnification and Insurance................................................................................................ 4 III. Notices.................................................................................................................:................... 5 IV. Severability.............................................................................................................................. 5 V. Status of the Parties ............................................................................... 5 VI. Ternz_........... I.....................I............................................................................................... 6 VII. Termination ................... ........... ...................... ................................................................ 6 VIII. Third Party Beneficiary........................................................................................................... 6 IX. Waiver of Default or Breach ........... ....... ............. ........ ............. ....................................... 6 SignaturePage......................................................................................................................... 7 EXHIBIT B Animal Care Notice of Intent......................................................................................... 1 Page San Juan Capistrano 2 of 7 ZAASM08-001795 OC Anima! Care Master AgrcementLAnimal Care Services Master.Doo ACS1CRAKKw EXHIBIT A I. Definitions........ ...... .... ......................................................... .......................... ._...................... 1 11. Services to be Provided by County .............. :.............. .................. ............... ............ ................ 1 M. Payments........................................................ ................... .................................................... .... 4 IV. Financial/Operational Advisory Board.................................................................................... 4 V. Laws and Regulations .............................5 ..................... ........................... ......................... ..... VI. Reports ... .................... .................. ................. .................... ---- ................................................ 6 VII. Records................................................................................................,............................... 6 EXHIBIT B Animal Care Notice of Intent......................................................................................... 1 Page San Juan Capistrano 2 of 7 ZAASM08-001795 OC Anima! Care Master AgrcementLAnimal Care Services Master.Doo ACS1CRAKKw I REFERENCED CONTRACT PROVISIONS 2 3 Torn: JANUARY 1, 2009 through. JUNE 30, 2009 4 5 Notices to COUNTY and CITY: 6 7 COUNTY: County of Orange g OC Community Resources Director's Office 1770 North Broadway 10 Santa Ana, CA 92706-2642 11 and 12 County of Orange 13 OC Community Resources 14 OC Animal Care Director 561 The City Drive South 15 Orange, CA 92868 16 17 18 CITY: Michael Cantor 19 Senior Management Analyst City of San Juan Capistrano 20 32400 Paseo Adelanto 21 San Juan Capistrano, CA 92675 22 /I 23 24 J/ 25 Il 26 11 27 11 2g II 29 /! 30 !/ 31 32 33 34 35 If 36 37 11 Sara Juan Capistrano 3 of 7 Z:1ASR108-001795 QC Animal Care Master AgreementAnimal Care Services Master.Doc ACS iCRAKKco 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 I. ALTERATION OF TERMS This Agreement, together with Exhibit A and B, attached hereto and incorporated herein by reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless made in writing and formally approved and executed by both COUNTY and CITY. II. INDEMNIFICATION AND INSURANCE A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special districts and agencies for which COUNTY's Board of Supervisors acts as the governing Board C"COUNTY INDEMNITEES") harmless from any claims, demands, including defense costs, or liability of any kind or nature, including but not limited to personal injury. or property damage, arising from or related to the services, products or other performance provided by CITY pursuant to this Agreement. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers, employees, agents, directors, members, shareholders and/or affiliates harmless from any claims, demands, including defense costs, or liability of any kind or nature, including but not limited to, personal injury or property damage, arising from or related to the services, products or other performance provided by COUNTY pursuant to this Agreement. If judgment is entered against COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of CITY, COUNTY and CITY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. C. Each party agrees to provide the indemnifying party with written notification of any claim related to services provided by either party pursuant to this Agreement within thirty (30) calendar days of .notice thereof, and in the event the indemnifying party is subsequently named party to the litigation, each party shall cooperate with the indemnifying party in its defense. D. Without limiting CITY's indemnification, CITY warrants that it is self-insured or shall maintain in force at all times during the term of this Agreement, the policy or policies of insurance covering its operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY shall provide evidence of such insurance. E. Without limiting COUNTY's indemnification, COUNTY warrants that it is self insured or shall maintain in force at all times during the term of this Agreement, the policy or policies of insurance covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY shall provide evidence of such insurance. San Juan Capistrano 4 of 7 Z:1ASR108-001795 OC Animal Care Master Agreemenf Animal Care Services Master.Dae ACS1CRAK.Koo 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 37 111. NOTICES A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements authorized or required by this Agreement. shall be effective: 1. When written and deposited in the United States mail, first class postage prepaid and addressed as specified on Page 3 of this Agreement or otherwise directed by ADMINISTRATOR or CITY; 2. When FANed, transmission confirmed; 3. When sent by electronic mail; or 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service. B. Termination Notices shall be addressed as specified on Page 3 of this Agreement or as otherwise directed by ADMINISTRATOR or CITY and shall be effective when FAXed, transmission confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service. C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming aware of any occurrence of a serious nature, which may expose either party to liability. Such occurrences shall include,.but not be limited to, accidents, injuries; or acts of negligence, or loss or damage to any COUNTY property in possession of CITY. D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by ADMINISTRATOR. 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 San Juan Capistrano 5 of 7 ZAASM08-041795 OC Animal Care 1vMastcr AgreementtAnimat Care Services Master.Doc ACS! CRAKKao 1 entitled to any rights or privileges of the other party's employees and shall not be considered in any 2 manner to be employees of the other party. 3 4 VI. TERM 5 A. The term of this Agreement shall commence as specified on Page 3 of this Agreement. 6 B. The term of this Agreement shall be automatically renewed each July for twelve (12) additional 7 months, provided no notice of termination has been giver by either CITY or COUNTY in accordance 8 with the Termination paragraph of this Agreement. 9 10 VII. TERMINATION 11 A. Either party may terminate this Agreement, without cause; upon six (6) months written. notice 12 given to other party. 13 B. Both parties shall -be obligated to perform such duties as would normally extend beyond this 14 terra, including but not limited to, obligations with respect to confidentiality, indemnification, audits, 15 reporting and accounting. 16 C. Any obligation of COUNTY under this Agreement is contingent upon the inclusion of sufficient 17 funding for the services hereunder in the applicable budgets approved by the Board of Supervisors. In 18 the event such funding is subsequently reduced or terminated, COUNTY may terminate this Agreement 19 upon thirty (30) calendar days written: notice given to CITY. 20 21 VIII. MIRD PARTY BENEFICIARY 22 Neither party hereto intends that this Agreement shall create rights hereunder in third parties 23 including, but not limited to, any subcontractors or any clients provided services hereunder. 24 25 IX. WAVER OF DEFAULT OR BREACH 26 Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any 27 breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. 28 Waiver of any default or any breach shall not be considered a modification of the terms of this 29 Agreement. 30 31 32 33 34� 35 H 36 37 San Juan Capistrano 6 of % Z:IASRW8-441795 00 Animal Care Master Agreement\ArnmW Care Services NMaster.Doc ACSICRAKKoo 1 2 3 A 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 IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. CITY OF SAN JUAN CAPISTRANO , a municipal corporation BY: DATED: YOR ATTEST: BY: CITY CLERK AS TO FORM: DATED: BY: DATED:... � �_-,�0 — C) � CITY ATTORNEY COUNTY OF BY: DATED: C TITLE: APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA BY: DATED:._;7.-ra,. DEPUTY San Juan Capistrano 7 of 7 Z:IASR\08-001795 OC Animal Care Master Agreemea6Animal Care Services Master.i Doc ACSICRAKKw I EXHIBIT A 2 TO AGREEMENT FOR PROVISION OF 3 OC ANIMAL CARE SERVICES 4 WITH 5 CITY OF SAN JUAN CAPISTRANO 6 JANUARY 1, 2009 THROUGH JUNE 30, 2009 7 8 1. DEFINITIONS 9 10 A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing 11 Animal Care Services to CITY pursuant to this Agreement. 12 B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of 13 COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, 14 the estimated cost of the services, and the effective date. 15 C. "Animal Care„Seryice(s)” means one or more service to be provided by COUNTY to CITY, as 16 specified, by category, in Paragraph. II.B. of Exhibit A to this Agreement. 17 D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by 18. COUNTY to CITY pursuant to this Agreement. 19 E. "Fiscal Year" means a twelve (12) -month period from July through June. 20 F. "Net Cost" means Actual Cost minus Fee Revenue. 21 G. "Service retails" mean the activities performed by COUNTY within an Animal Care Service 22 category. 23 24 H. SERVICES TO BE PROVIDED BY COUNTY 25 A. ANIMAL CARE NOTICE OF INTENT 26 1. Annually, by March 1, CITY shall identify which of the Animal Care Sen ices, specified 27 below in subparagraph. II.B. of Exhibit A to this Agreement, CITY would like COUNTY to provide 28 during the next Fiscal Year. 29 2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of 30 Intent which shall include, but not be limited to, a list of Animal Care Services COUNTY agrees to 31 provide, estimated costs for said services, and the start date for those services. COUNTY shall provide 32 the Animal Care Services specified in the Animal Care Notice of Intent signed by both 33 ADMINISTRATOR or designee, and an authorized representative of CITY. 34 .3. Upon mutual agreement of CITY and COUNTY, COUNTY may prepare a new or amended. 35 Animal Care Notice of Intent at any time, may change due dates specified in subparagraph II.A.1. and 36 ILA.2. of Exhibit A to this Agreement, and may modify the format of the Animal Care Notice of Intent 37 attached to this Agreement as Exhibit B. San Juan Capistrano 1 of 6 EXHIBIT A Z:IAW08-001795 OC Animal Care Master AgreementlAnirnal Care Services Master.Doc ACSICRAKKoo I B. ANIMAL CARE SERVICES _.. COUNTY provides the following seven. (7) categories of 2 Animal Care Services. Each category of service includes Service Details which may be added or 3 changed by ADMINISTRATOR upon six (6) months prior notification to CITY. COUNTY shall 4 provide to CITY the Animal Care Services specified on the most current, Animal Care Notice of Intent 5 for the Fiscal Year, signed in accordance with. subparagraph II.A.2. of this Exhibit A to the Agreement. 6 1. ANIMAL CONTROL SERVICES -- Animal Control Services include, but are not limited 7 to, emergency response service; patrolling; impounding of stray animals and of owner -released animals; g animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and 9 impound fee collection for impounded animals; quarantine activities including hoarse checks of animals 10 involved in bites; site inspections required to comply with vicious I dog ordinances; emergency 11 transportation of injured, impounded animals to a veterinarian; impounding of deceased animals for 12 disposal; responses to .requests for assistance from/ law enforcement and CITY officials regarding 13 suspected criminal. activities or zoning violations related to animals; advice to residents regarding 14 wildlife management or other animal concerns, not to include wildlife eradication or relocation services; 15 injured wildlife pick-up; animal license issuance and renewal, fee collection and payment services; 16 customer support regarding animal licensing; animal license billing; and delinquent animal license 17 follow-up; assistance to residents regarding potentially dangerous and/or vicious animals; impound data 18 entry; and impound animal photography. 19 2. ANIMAL CARE SPECIAL SERVICES 20 a. Animal Care Special Services include, but are not limited to animal license issuance 21 and renewal; fee collection and payment services; customer support regarding animal licensing; animal 22 license .billing; delinquent animal license fellow -up; animal field canvassing to locate and license 23 unlicensed animals; inspection of animal -related businesses in CITY jurisdiction in response to 24 complaints and in accordance with COUNTY established inspection schedules; and when applicable, 25 issuance of animal permits for private homes. 26 b. The number of hours of canvassing provided to CITY by COUNTY will be prorated 27 based.on available canvassing hours and CITY percentage of costs of A.nimaI Care Services received by 28 CITY during the previous Fiscal Year. At sole discretion of COUNTY, COUNTY may provide 29 canvassing services to cities that did not receive canvassing services in the previous Fiscal Year. 30 COUNTY may change its methodology for allocating canvassing hours upon six (6) months prior 31 notification to cities. 32 3. ANIMAL CARE SHELTER SERVICES 33 a. Animal Care Shelter Services include, but are not limited to, retention of impounded 34 animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner 35 identification; contact of owners when animals are wearing identification; sale or release of.impounded 36 animals to residents; animal evaluation for adoption; reasonable effort toward animal placement; public 37 education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are San Juan Capistrano 2 of 6 EXHIBIT A ZA SM08-001795 QC Animal Care Muter Ageement*imal Care services Master.Doc ACSICRAKK.m FAI 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 neither redeemed nor adopted; veterinary services and spay/neuter surgeries consistent 'with standards established by the California Veterinary Medical Board; and necropsies on animals that die under suspicious circumstances or at the request of law enforcement. b. CITY may request additional retention days for healthy, non-aggressive impounded animals. Additional retention days will be offered. to CITY upon written approval by COUNTY's OC Community Resources Director, or designee, on a space available basis only. c. COUNTY agrees to maintain its Shelter in a .humane manner, keep said premises in a clean condition at all times, and use humane methods of care. d. No animals may be donated, sold or otherwise released for the purposes of experimentation, research or vivisection. 4. BARKING DOG COMPLAINT SERVICES -- Barking Dog Compliant Services include, but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding barking dog complaints, issuance of citations, and administrative hearings in response to complaints received by COUNTY for barking dogs within jurisdiction of CITY. 5. STANDARD LICENSING SERVICES -- Standard Licensing Services include, but are not limited to, animal license issuance and renewal, fee collection and payment services; customer support regarding animal licensing; animal license billing; and delinquent animal license- follow-up. 6. CITY LICENSE SERVICES a. City License Services include, but are not limited to, issuance of CITY animal licenses at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY. COUNTY shall provide quarterly licensing reports to CITY. b. CITY shall make its best effort to provide updated animal licensing information to COUNTY. 7. ANIMAL IMPOUND SERVICES — Animal Impound Services include, but are not limited to, data entry of impound information for each live or deceased animal from CITY, impound animal photography for each live animal, owner notification of impounded animal, and posting of animal photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged by COUNTY. C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services. COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior notification given to CITY. D. Animals which are being retained for criminal prosecutions, except for violations of animal control regulations and/or ordinances pursuant to this Agreement, are not to be construed as held pursuant to the services provided under this Agreement; housing will be provided at the discretion of COUNTY and at COUNTY's usual and customary charges for such housing. E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance from CITY, its officers, agents and employees. San Juan Capistrano 3 of 6 EXHIBIT A Z: ASRW8-©01795 OC Animal Care Master AgrmrnentlAnimal Care Services Master.Doa ACS 1CRAKKao I III. PAYMENTS 2 A. BASIS FOR. PAYMENT 3 1. CITY shall pay COUNTY the Net Cost of providing Animal Care Services specified in 4 Animal Care Notice of Intent for CITY signed in accordance with subparagraph II_A. CITY Net Costs 5 may include services/supplies procured but not yet delivered within the Fiscal Year. 6 2. The methodology for determining CITY's Actual Cost of Animal Care Services shall be 7 provided to CITY annually in accordance with the Reports paragraph of this Agreement. The most 8 recent animal care services fees approved by the County of Orange Board of Supervisors shall be used in 9 determining CITY's Actual Cost of Animal Care Services. 10 3. COUNTY shall record and retain all Fee Revenue derived from providing Animal Care II Services to CITY. CITY's Fee Revenue shall be credited to CITY's Actual Cost of Animal Care 12 Services. COUNTY shall have all fee collection powers of CITY and shall receive full cooperation 13 from CITY to enable efficient enforcement of fee collection. 14 B. PAYMENT SCHEDULE 15 1. Each Fiscal Year, CITY shall pay COUNTY in arrears for the Net Cost of Animal Care 16 Services provided in accordance with the following payment schedule. Billings are due from COUNTY 17 to CITY within thirty (30) calendar days following the three-month Period specified. below. 18 19 Period Billing Due Payment Due 20 July 1 through September 30 October 30 November 25 21 October 1 through December 31 January 30 February 25 22 January I through March 31 April 30 May 25 23 April I through June 30 July 30 August 25 24 25 2. If payment is not received by COUNTY by the payment due date specified above in 26 subparagraph III.B. of Exhibit A to this Agreement, COUNTY may cease providing any further service 27 under this Agreement and may satisfy the indebtedness in any manner prescribed by law. 28 3. COUNTY may modify the payment schedule upon six. (6) months written notification to CITY. 29 30 IV. FINANCIAL/OPERATIONAL ADVISORY BOARD 31 The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY's 32 Director of OC Animal Care on financial and operational matters, to assess cost options, and to 33 communicate with the Orange County City Managers Association. The Financial/Operational Advisory 34 Board shall be made up of seven (7) members, six (6) members appointed by the Orange County City 35 Managers Association and* one (1) member appointed by COUNTY. COUNTY may change the 36 membership configuration of the Financial/Operation Advisory Board upon twelve (12) months. written 37 notification to CITY. San ,Tuan Capistrano 4 of 6 EXHIBIT A ZAASRM-001795 OC Anima[ Care Master AgreementlAnimal Care Services Master.Doc ACS ICRAK.Kw I V. LAWS AND REGULATIONS 2 A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements 3 related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall 4 enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services S provided by COUNTY to CITY may be changed to comply with said laws, regulations, and 6 requirements. ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact 7 Animal Care Services provided through this Agreement. g B. Upon mutual agreement between COUNTY and CITY, COUNTY will continue to enforce 9 existing animal care ordinances that COUNTY enforced within CITY jurisdiction during the period 10 July 1, 2007 through June 30, 2008. If COUNTY did not contract with CITY for animal care services 11 during the period July 1, 2007 through June 30, 2008, COUNTY and CITY shall identify CITY animal 12 care ordinances that can be enforced by COUNTY. 13 C. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care 14 Notice of Intent, CITY shall enact and maintain in full force and. effect ordinances identical to COUNTY 15 ordinances which apply to said service, including but not limited to, those related to fees. 16 ADMINISTRATOR shall notify CITY of the deadline for adopting said ordinances. If COUNTY is 17 unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of Ig CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend 19 provision of one or all Animal Care Services to CITY or may terminate this Agreement. 20 D. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of 21 COUNTY animal care ordinances. COUNTY may enforce the provisions of, and issue citations for 22 violations pursuant to, CITY's codified ordinances. 23 E. CITY shall notify COUNTY of its intent to add, amend, or delete any CITY animal care 24 ordinance at least ninety (90) calendar days in advance of its addition, amendment, or deletion.. 25 F. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY. 26 Requests for exclusion must be submitted in writing and received by COUNTY ninety (90) calendar 27 days prior to the requested exclusion.. Requests for exclusion will only be considered by COUNTY if 28 they are not in conflict with state statutes and do not endanger public health. COUNTY shall notify 29 CITY, in writing, of COUNTY's decision regarding the requested exclusion. 30 G. COUNTY's OC Community Resources Director, or designee, may provide assistance to CITY 31 in defining the manner in which enforcement of a new or amended animal care ordinance would be 32 provided by COUNTY. Requests for assistance must be made in writing and received by COUNTY 33 ninety (90) calendar days prior to the requested implementation of the service. If the cost of such service 34 can be delineated and accommodated by COUNTY, COUNTY will send an amended Animal Care 35 Notice of Intent to CITY which will include reference to the CITY ordinance. 36 H. CITY will reimburse COUNTY for ordinance enforcement, as specified -in the Payments 37 Paragraph of this Agreement. San Juan Capistruo 5 of 6. EXHIBIT A Z:\A5R108-061795 QC Animal Care Master Agreement\Animal Care Services Master.Doc ACs 1CRAKKoC I VL REPORTS 2 A. Each Fiscal Year, COUNTY shall provide to CITY written, quarterly reports of Animal Care 3 Services revenue and expenses for each period specified below. Said reports will be due to CITY within 4 thirty (30) calendar days of the month following the reporting period, in accordance with the schedule 5 below: 6 7 Period Reports Due g July 1 through September 30 October 30 9 October I through December 31 January 30 10 January I through March 31 April 30 11. April I through June 30 July 30 12 13 B. Each Fiscal Year, COUNTY shall provide the following Animal Care Services reports to CITY 14 by July 3 0: 15 1. A payment methodology report for Animal Care Services to be provided by COUNTY 16 during the next Fiscal Year and 17 2. A Fiscal Year intake and outcome report. 18 C. COUNTY may change the due dates for reports specified in subparagraphs VI.A. and VI.B. 19 above upon six (6) months written notification to CITY.. 20 21 V11. RECORDS 22 A. All records cheated or received by COUNTY in accordance with the performance of COUNTY 23 services pursuant to this Agreement are confidential. COUNTY agrees to keep said records in such 24 form and manner as the Auditor -Controller of COUNTY shall specify. Said records shall be open for 25 examination by CITY at all reasonable times. 26 B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses. of each CITY licensed 27 aninial upon demand without additional expense or cost to CITY. Any such information requested which 28 is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to 29 government .code. Prior to each. disclosure, CITY agrees to complete and return to COUNTY a 30 "Confidentiality Agreement" on a fort approved or provided by COUNTY. The parties agree and 31 understand that this procedure is required by the public Records Act and necessitated to permit CITY to 32 obtain the information required for its use, and to allow COUNTY to disclose said information. Upon 33 receipt by COUNTY, the records requested may be released to the extent COUN"T"Y. is in possession of 34 such records, and permitted by state law to disclose them voluntarily. 35 /l 36 /l 37 San Juan Capistrano 6 of 6 EXHIBIT A Z:1A5R%08-001795 ©C Animal Care Mas€erAgreementlAnimal Care Services Master.Doc ACs1CRAKK- 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 EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF SAN JUAN CAPISTRANO JANUARY 1, 2009 THROUGH JUNE 30, 2009 ANIMAL CARE NOTICE OF INTENT This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: January 1, 2009 through June 30, 2009. COUNTY agrees to provide to the City of San Juan Capistrano the following Animal Care Services beginning January 1, 2009: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $60,096. This is anew Animal Care Notice of Intent for the Period indicated above. �] This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above. Significant Changes Since the Previous Animal Care Notice of Intent: To the best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. Michael Cantor, Senior Management Analyst 11/05/08 City of Representative and Title OC Animal Care Director Date Date San Joan Capistrano. 1 of I EXHIBIT B Z:1 6R%08-001795 OC Animal Care Master AgteementiAnimal Cara Services Master.Doc ACSICRAKK«3 EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF SAN JUAN CAPISTRANO July 1, 2012 THROUGH June 30, 2013 ANIMAL CARE NOTICE OF INTENT This Animal Care Notice of Intent specifies Animal Care Services to be provided. to CITY by COUNTY for the Period: July 1, 2012 through June 30, 2013. COUNTY agrees to provide to the City of SAN JUAN CAPISTRANO the following Animal Care Services beginning July 1, 2012: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $92,788. This is a new Animal Care Notice of Intent for the Period indicated above. [� This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above. Significant Changes Since the Previous Animal Care Notice of Intent: To the best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. City of SAN JUAN CAPISTRANO Representative and Title Date OC Animal Care Director Date SAN JUAN CAPISTRANO I of ATTACHMENT 2 0 R A Int G E C 0 U N T Y ccommunity Our Cominunity. Our Cornmitment. March 30, 2012 STEVE FRANKS DIRECTOR OC COMMUNITY RESOURCES City of San Juan Capistrano Michael Cantor, Senior Management Analyst 32400 Paseo Adelanto RYAN DRABEK San Juan Capistrano, CA 92675 DIRECTOR oc ANIMAL CAREDear Mr. Cantor: KAREN ROPER Enclosed please find three (3) copies of a new Animal Care Notice of Intent (NOI) for the DIRECTOR City of San Juan Capistrano, which includes a list of Animal Care Services the County of oc COMMUNITY SERVICES Orange (County) intends to provide during the upcoming fiscal year (FY) July 1, 2012 through June 30, 2013 at an estimated cost of $92,788. This cost estimate assumes no MARK DENNY change to the services indicated in the FY 2011-12 NOI (copy enclosed). DIRECTOR OC PARKS For fiscal 2012-13, there is no planned increase in the total estimated net cost for all contract cities and the County compared with 2011-12. OC Animal Care has not HELEN FRIED increased the total budgeted cost of the contract cities and the County (the "City Budget") COUNTY LIBRARIAN since the fiscal year 2008-09. Higher costs incurred by individual cities compared to the OC PUBLIC LIBRARIES NOI estimate are the result of increased utilization of services. As stated in the current Agreement for Provision of OC Animal Care Services, "The most recent animal care services fees approved by the County of Orange Board of Supervisors shall be used in determining CITY's Actual Cost of Animal Care Services." The current fees were approved by the Board on July 29, 2008. The FY 2012-13 cost estimate is based on information derived from the last, full year OC Animal Care cost study for the fiscal year ending June 30, 2011. The fiscal 20.12-13 cost estimate allocates to the City of San Juan Capistrano a percentage of 1.4% of all payments from all cities currently contracting with OC Animal Care which was derived from the aforementioned full year 2010-11 cost study. Due to the fact that billings to your city are based on actual expenses less actual fee revenues, the City of San Juan Capistran6s actual net cost for 2012-13 may be higher or lower than the enclosed estimate. Please review the new NOI for FY 2012-13, obtain the signature of your city's authorized representative on all three copies, and return the three signed copies to: OC Animal Care ATTN: Alan Young 561 The City Drive South Orange, CA 92868 After the County's OC Animal Care Director or designee signs the NOI, I will return a copy of the NOI, with original signatures to you. Should you have questions regarding the NOI CC ANIMAL CARE or the FY 2012-13 cost estimate, please feel free to contact me at: 714-796-6411. 561 THE CITY DRIVE SOUTH ORANGE, CA 92868 PHONE: 714.935.6848 FAX: 714.935.6373 Si erely, Alan Young,. Budget Analyst OC Animal Care Enclosures 4ttachment 3 Kristen Lewis MONOMMM From: Michael Cantor Sent: Thursday, June 14, 2012 11:23 AM To: Kristen Lewis Subject: FW: NOI City Council Kristen, file this with proof of notification for Orange County Animal Care Services for Notice of Intent for City Council meeting June 19, 2012. From: Young, Alan (OCCR) fmailto:Alan.Younci(&occr,ocgov.com] Sent: Thursday, .lune 14, 2012 11:21 AM To: Michael Cantor; Craig, Molly Cc: Drabek, Ryan Subject: RE NOI City Council Thank you, Michael. Alan From: Michael Cantor LmaiIto: mcantorCc sanjuancapistrano.orgj Sent: Thursday, .lune 14, 2012 8:01 AM To: Craig, Molly; Young, Alan (OCCR) Subject: NOI City Council The City Council will be considering the OCACS NOI for Fiscal Year 12-13 at their June 19, 2012 meeting at bpm. Ido not know the exact time that this agenda item will be considered. Your attendance is not required, but I am required to notice you that the NOI is on the agenda for this meeting. Any questions, let me know. Thank you. Michael Cantor City of San Juan Capistrano Safety & Emergency Services Manager CERT Coordinator 949.234.4565 Office 949.201.7066 Cell 949.234.4566 Fax Thanks for taking the time to be Prepared. f,.'ty 71'-Z-11�esources uni Cke...omm C.3w C"OmtY unity_ £'.Jur STEVE FRANKS DIRECTOR OC COMMUNITY RESOURCES RYAN DRASEK DIRECTOR CC ANIMAL CARE KAREN ROPER DIRECTOR OC COMMUNITY SERVICES MARK DENNY DIRECTOR OC PARKS HELEN FRIED COUNTY LIBRARIAN OC PUBLIC LIBRARIES OC ANIMAL CARE 561 THE CITY DRIVE SOUTH ORANGE, CA 92868 PHONE: 714.935.6848 FAX: 77.4.935.6373 July 24, 2012 City of San Juan Capistrano Ms. Christy Jak1, Deputy City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Ms. Jakl: Enclosed please find one (1) fully executed Animal Care Notice of Intent (NOI) for the City of San Juan Capistrano, for the fiscal year (FY) July 1, 2012 through June 30, 2013. Sin erely, Alan Youn Budget Ana st OC Animal Care' Enclosure c� M � ria ren a r%j M3 M KZY C-0 324.00 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) .493.1171 (949) 493-1053 FAx www..Yanjuancapistrano.org Nice] OC Animal Care Attn: Alan Young 561 The City Drive South Orange, CA 92868 DATE: July 3, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Agreement for Provision of OC Animal Care Services With City of San Juan Capistrano Three (3) original agreements are enclosed. Once the final signatures are received, please return 1 original agreement to the City of San Juan Capistrano, City Clerk's Office. Thank you. If you have questions concerning the agreement, please contact Michael Cantor, Safety & Emergency Services Manager at (949) 234-4565. Cc: Michael Cantor, Safety & Emergency Services Manager San .Tuan Capistrano. Preserving the .Past to Enhance the Future Printed on 100% recyded paper l f 4 MEMBERS OF THE CITY GGLINCIL Lr/�f E�€OR?OR9iF6 SAM ALi E1lATQ LAURAFREESE fSiBtiskF I46I LARRY KRAMER 11776 ® DEREK REEVE JOHN TAYLOR FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Agreement for Provision of OC Animal Care Services With City of San Juan Capistrano Three (3) original agreements are enclosed. Once the final signatures are received, please return 1 original agreement to the City of San Juan Capistrano, City Clerk's Office. Thank you. If you have questions concerning the agreement, please contact Michael Cantor, Safety & Emergency Services Manager at (949) 234-4565. Cc: Michael Cantor, Safety & Emergency Services Manager San .Tuan Capistrano. Preserving the .Past to Enhance the Future Printed on 100% recyded paper TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF SAN JUAN CAPISTRANO July 1, 2012 THROUGH June 30, 2013 ANIMAL CARE NOTICE OF INTENT This Animal Care Notice of Intent specifies Animal Care Services to be provided. to CITY by COUNTY for the Period: July 1, 2012 through June 30, 2013.' COUNTY agrees to provide to the City of SAN JUAN CAPISTRANO the following Animal Care Services beginning July 1, 2012: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $92,788. ® This is a new Animal Care Notice of Intent for the Period indicated above. ❑ This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above. Significant Changes Since the Previous Animal Care Notice of Intent: To the best of my knowledge, this notice COUNTY. es the Animal Care Services to be provided by City of SYWJUAN CAPISTRANO Representative and Title OC Animal Care Director SAN JOAN CAPISTRANO 1 of 1 MA Date PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On July 2, 2012, before me, Maria Morris City Clerk, personally appeared Mayor Larry Kramer, who proved to ane on the basis of satisfactory evidence to the be person(s) whose namc(s) is/are subscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their authorized capacity, and. that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document Mayor Agreement for Provisions of OC Animal Care Title Services with City of San Tuan Capistrano Signer is Representing Date of l'ocument: July 2, 2012 City of San Joan Capistrano Number of Pages: 2 (D R A N G E © U N T Y /c�jc community xesources Oarr Community. Our Commitment', March 30, 2012 STEVE FRANKS DIRECTOR OC COMMUNITY RESOURCES City of .San Juan Capistrano Michael Cantor, Senior Management Analyst 32400 Paseo Adelanto RYAN aRABEK San Juan Capistrano, CA 92675 DIRECTOR OC ANIMAL. CARE Dear Mr. Cantor: KAREN ROPER Enclosed please find three (3) copies of a new Animal Care Notice of lntent (NOI) for the DIRECTOR City of San Juan Capistrano, which includes a list of Animal Care Services the County of OC COMMUNITY SERVICES Orange (County) intends to provide during the upcoming fiscal year (FY) July 1, 2012 through June 30, 2013 at an estimated cost of $92,788. This cost estimate assumes no Maxx DENNY change to the services indicated in the FY 2011-12 NOI (copy enclosed)_ DIRECTOR OC PARKS For fiscal 2012-13, there is no planned increase in the total estimated net cost for all contract cities and the County compared with 2011-12. OC Animal Care has not HELEN FRIEDincreased the total budgeted cost of the contract cities and the County (the "City Budget') COUNTY LIBRARIAN since the fiscal year 2008-09. Higher costs incurred by individual cities compared to the OC PUBLIC LIBRARIES NOI estimate are the result of increased utilization of services. As stated in the current Agreement for Provision of OC Animal Care Services, "The most recent animal care services fees approved by the County of Orange Board of Supervisors shall be used in determining CITY's Actual Cost of Animal Care Services." The current fees were approved by the Board on July 29, 2008, The FY 2012-13 cost estimate is based on information derived from the last, full year OC Animal Care cost study for the fiscal year ending June 30, 2011. The fiscal 2012-13 cost estimate allocates to the City of San Juan Capistrano a percentage of 1.4% of all payments from all cities currently contracting with OC Animal Care which was derived from the aforementioned full year 2010-11 cost study. Due to the fact that billings to your city are based on actual expenses less actual fee revenues, the City of San Juan Capistrano's actual net cost for 2012-13 may be higher or lower than the enclosed estimate. Please review the new NOI for FY 2012-13, obtain the signature of your city's authorized representative on all three copies, and return the three signed copies to: OC Animal Care ATTN: Alan Young 561 The City Drive South Orange, CA 92868 After the County's OC Animal Care Director or designee signs the NOI, I will return a copy of the NOI, with original signatures to you. Should you have questions regarding the NOI OC ANIMAL CARE or the FY 2012-13 cost estimate, please feel free to contact me at: 714-796-6411. 561 THE CITY DRIVE SOUTH ORANGE, CA 92868 PHONE: 714.935.6848 FAX: 714.935.6373 Si erely, v Alan Young, d Budget Analyst OC Animal Care Enclosures Today's Date: & - C! - COUNCIL I - COUNCIL MEETING DATE (if applicable): 6 - /0/ - /12 Project Manager's Last Name: CNP No. (if any): C'14 � 1-7) -k, APPROVING AUTHORITY: (Check One) �( Mayor J CRA Chair LJ City Manager Transmittal Routing Phone Extension: *416-65 Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded - only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement - unless the mailing address is included within the body of the agreement: Names ) Street city St Zip OTHER INSTRUCTIONS: Form Date: 01-2004 D - 7 I .� VA V - k11 o -J