HomeMy WebLinkAbout05 ANIMAL CNTL CONT. 07-07-98NO. 5
7-7-98
DATE:
July 7, 1998
Inter-Com
TO'
FROM:
SUBJECT:
William A. H.uston, City Manager
Ronald A. Nault, Finance Director
ANIMAL CONTROL / SHELTER CONTRACT FOR FISCAL YEAR 1998/99
SUMMARY: The City Council is requested to approve the Fiscal Year 1998/99 Animal
Control/Shelter contract with the Orange County Health Agency.
RECOMMENDATION'
Authorize the Mayor to sign the Animal Control/Shelter agreement for Fiscal Year 1998/99 in the
amount of $78,175.
FISCAL IMPACT:
The Draft 1998/99 Budget includes $78,175 that was estimated for Animal Control services for the
new year.
BACKGROUND:
The City has historically contracted with the County of Orange to provide Animal Control and Shelter
Services. During fiscal 1989/90 the City of Tustin and other contract Cities met with the County to
negotiate, a new methodology of allocating costs to the contract Cities. The method that we are using
utilizes a current budget estimate net of prior'period adjustments generated from year end accounting
records. One prior year actual and one prior year estimate are adjusted against the current year's
estimate to arrive at the final contract cost.
DISCUSSION'
The proposed 1998/99 Animal Control/Shelter contract cost of $78,175 is a decrease of 17.3% from
the 1997/98 contract of $94,494. The 1998/99 cost of $78,175 is very cost effective for' the City, and
staff supports the continuation of contracting with the County for Animal Control/Shelter services.
Rona'T'd A. Nault
Finance Director
RAN:ts
Attachment
RAN :AnimalControlAgenda98.July.doc
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II
AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
THIS AGREEMENT, entered into this 1st day of July 1998, which date is
enumerated for purposes of reference only, is by and between the COUNTY OF
ORANGE, a political subdivision of the State, hereinafter referred to as "COUNTY," and
the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "CITY."
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WITNESSETH'
WHEREAS, CITY is desirous of contracting with COUNTY for the performance of
the animal control and animal shelter services through COUNTY's Health Officer, as
described herein; and
WHEREAS, COUNTY is willing and able to render such services on terms and
conditions hereinafter set forth;
NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
1. TERM
A.
June 30, 1999.
B.
This Agreement shall begin on July 1, 1998, and end
The term of this Agreement shall be automatically extended for a
180 day period through December 31, 1999, if a successor Agreement between the
parties is not in force by July 1, 1999, and no notice of non-renewal has been given by
either CITY or COUNTY in accordance with Paragraph 2 of this Agreement.
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2. 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, 1998.
B. Any obligation of COUNTY under this agreement is contingent upon the
following:
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(1) Inclusion of suffiCient funding for the services hereunder in the
budget approved by the Board of Supervisors, for Fiscal Year 1998-99, and
the Fiscal Year 1999-00.
(2) In the event such funding is subsequently reduced or terminated,
COUNTY may terminate this agreement upon thirty (30) days written notice
given to CITY.
3. SERVICES
A. COUNTY agrees, under the direction of the Health Officer of
COUNTY, to provide animal control services within the corporate limits of CITY. Services
provided by COUNTY shall include the enforcement of State statutes deemed applicable
to CITY by COUNTY. COUNTY will not be obligated to enforce any ordinances adopted
by CITY except those adopted in compliance with Paragraph 5 of this Agreement. The
level of animal control and shelter services to be provided under this Agreement shall be
established as those customarily provided to residents of unincorporated areas of the
COUNTY. Services shall be provided in the following three categories.
(1) FIELD SERVICES: Field Services shall be provided seven days a
week, 24 hours per day, 365 days a year, with the level of service reduced
between the hours of 11:00 p.m. and 7:00 a.m. Telephone service request lines
answered between 8:00 a.m. and 5:00 p.m. every day, except holidays; lines
monitored and responded to on a priority basis on holidays and after 5:00 p.m.
Activities include, but are not limited to: patrol of assigned regional areas;
impounding of stray dogs or confined stray cats and of owner- released animals;
pick up of injured wildlife; cruelty investigations; return of unclaimed animals
(following required retention period) to one designated location on behalf of CITY;
field release to owner and impound fee collection for licensed dogs impounded;
bite investigations; quarantine activities including home checks of animals involved
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in bites; inspections of facilities which are required to comply with the vicious dog
ordinance; transportation of all injured impounded an'imals to emergency
veterinarians; issuance of citations, impounding of dead animals for disposal;
response to service request calls from law enforcement and city officials to assist
in areas regarding suspected criminal activities or zoning violations; citizen
contacts to give information or advice regarding wildlife or other animal concerns,
not to include wildlife eradication or relocation services.
In house field services activities shall include: assistance to citizens
regarding barking dogs and other nuisance complaints; advice regarding wildlife
management and other issues which may not require contact in the field by an
officer; visits to schools and community groups to provide education regarding
wildlife management, responsible pet ownership and other animal control issues.
(2) SPECIAL SERVICES: (Pet and Facility Licensing) In keeping with
Public Health laws which require the rabies vaccination and licensing of all dogs
over four months old, COUNTY shall canvass every residence within the CITY
approximately every 20 months to locate and license unlicensed dogs. Licenses
shall be sold at the residence; enforcement officers will follow-up on problems
when necessary. Nothing in this contract prohibits other methods for the sale of
dog licenses by CITY or COUNTY.
All animal related businesses in the jurisdiction will be inspected twice each
year and in response to any complaints received to assure that facilities meet
required standards. Appropriate notification shall be given to CITY. In those cities
which allow animal permits for private homes, permits shall be issued with the
approval of CITY following neighborhood investigation and inspection of the home
to assure that the residence has adequate facilities to maintain the requested
number of animals.
Pet license renewals shall be processed through an automated renewal
system. COUNTY will process renewals and answer telephone and in-person
questions regarding licensing requirements.
Low cost vaccination clinics, coordinated by Animal Control staff, will be
held throughout the year in various locations in the County in cooperation with the
-Veterinary Association.
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(3) SHELTER SERVICES: Shelter will receive animals from the public 365
days a year from 7:00 a.m. until 11:00 p.m. Stray animals will be accepted without
charge, oWners who release their animals will be charged a fee.' The Shelter will
be open to the public to locate lost pets or for pet adoption Monday through
Saturday (not including holidays) from 10:00 a.m. to 5:00 p.m., and until 7:00 p.m.
on Wednesday. A Iow cost vaccination clinic will be held the first Tuesday of each
month at the Shelter.
The Shelter shall retain dogs and cats without owner identification for three
days, plus the day of impound and any Sundays or holidays. Those with
identification shall be retained seven days, plus the day of impound and any
Sundays or holidays. Animals will be kept on public display to allow owner
identification. When animals are wearing identification, owners will be contacted
by telephone and by mail. If animals are not redeemed by their owners and
adoption holds have not been placed, some may be made available for adoption
for an additional time period on a space available basis. Those which are neither
redeemed nor adopted will be euthanized and carcasses disposed of.
If CITY wishes to request additional retention days for healthy, non-
aggressive animals impounded within CITY such services may be requested in
writing with 60 days advance notice. Such service will be provided to CITY upon
written approval of the Health Officer. If agreed to, additional animal retention
days will be offered on a space available basis only. CITY shall pay charges for
additional retention days as defined in Paragraph 6, C, 4, and in compliance with
Paragraph 6, B.
Veterinary services shall be available seven days a week. Veterinary staff
shall perform required euthanasia by lethal injection. Necropsies will be performed
on animals which die under suspicious circumstances and at the request of law
enforcement.
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B. COUNTY shall furnish and supply all necessary labor, supervision,
equipment, and supplies to provide the services described in this Agreement. In all
instances wherein special supplies, stationary, notices, forms and the like are issued in
the name of CITY, the same shall be supplied by CITY at its own expense.
C. The method by which services are provided, the standard of
performance, any other matters incidental to the performance of such services, and the
control of personnel so employed, shall be determined by COUNTY. In the event of a
dispute between the parties as to the extent of the duties and functions to be provided
hereunder, or the level and manner of performance of such services, the parties shall
meet in good faith to resolve their differences. In the event of an impasse, the decision of
the Health Officer of COUNTY shall be final.
D. To facilitate the performance of services hereunder, COUNTY shall
have full cooperation and assistance from CITY, its officers, agents and employees.
E. If agreeable' to both parties, additional services may be rendered by
COUNTY and paid for by CITY.
F. COUNTY agrees to maintain its animal shelter in a humane manner
and keep said premises in a clean condition at all times, and that all services furnished by
it hereunder shall be in accordance with the laws of the State of California, and that it will
give required notices and use humane methods of care and destruction of any animal
coming under its jurisdiction.
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4. STATUS OF CONTRACTOR
Although the services herein described are municipal functions, all persons
employed by COUNTY to provide said services shall be COUNTY employees; no person
employed hereunder shall have the right to any CITY pension or civil service status.
When performing services under this Agreement and for the purpose of giving official
status to the performance thereof where necessary, but not for the purpose of liability or
indemnification, every COUNTY officer or employee shall be deemed to be an officer or
agent of CITY.
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5. CONFORMITY OF LAWS OR REGULATIONS
A. Notwithstanding anything to the contrary herein contained, this
Agreement shall terminate at any time that CITY fails to enact, and to maintain in
full force and effect an ordinance identical in intent to the provisions of Article 1 through 10
of Division 1 of Title 4, and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of
the County of Orange, and other regulations preSently adopted by the Orange County
Board of Supervisors concerning animal control, including those which relate to fees. This
Agreement shall also terminate if CITY does not enact the same amendments to its
Municipal Code as those adopted by COUNTY's Board of Supervisors regarding animal
control within sixty (60) days after .a request to do so by COUNTY Health Officer.
B. If CITY is considering adopting an ordinance and requesting its
enforcement by COUNTY, the Health Officer may provide assistance to CITY in defining
the manner in which the proposed ordinance enforcement would be provided by
COUNTY. COUNTY will provide such services when a written request is received sixty
(60) days prior to the requested implementation of the service upon the written approval of
the Health Officer. The manner and extent to which services are provided in response to
such a request shall be determined by the Health Officer and will only be provided if the
cost of such services can be delineated and accommodated under the provisions of
Paragraph 6, C.
C. CITY may request that specific ordinances adopted by COUNTY not be
enforced in CITY when written request for exclusion is received sixty (60) days prior to the
requested exclusion upon the written approval of the Health Officer. Such requests will
only be considered provided they are not in conflict with State statutes or do not endanger
the public health. The COUNTY Health Officer, acting on behalf of COUNTY, may use
discretion and need not request CITY to adopt amendments which do not apply to CITY.
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6. PAYMENTS
A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual
costs of providing animal control and animal shelter services.
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B. PAYMENT METHOD -
(1) In consideration for the animal control and animal shelter
services provided by COUNTY during the term of this Agreement, CITY
shall make a FY 1998-99 Provisional Payment to COUNTY in the amount
of $106,778. This payment for 1998-99 services shall be adjusted by a
1997-98 credit of $9,273 and further adjusted by a final 1996-97 credit of
$19,330, resulting in a total adjusted provisional payment of $78,175. This
payment shall_ be adjusted as described in Paragraph 6 E, below.
(2) The Provisional Payment shall be paid to COUNTY in four
installments, each equal to twenty five percent (25%) of the total
Provisional Payment. The first installment is due September 30, 1998, the
second is due December 30, 1998, the third is due March 30, 1999, and
the fourth is due June 30, 1999.
(3) If payment is not received by COUNTY within thirty (30) days
after the due date, COUNTY may cease providing any further service
under this Agreement with CITY and may satisfy the indebtedness in any
manner prescribed by law.
(4) CITY shall not be called upon to assume any. liability for the
direct payment of any salaries, wages or other compensation to any
COUNTY personnel performing services hereunder for said COUNTY, or
any liability other than provided for in this Agreement. CITY shall not be
liable for any compensation or indemnity to any COUNTY employee for
injury or sickness arising out of his or her employment.
(5) In the event this Agreement is extended in accordance
Paragraph 1 B. above, CITY shall make monthly provisional payments to
COUNTY in an amount equal to one twelfth of the amount shown as the
adjusted Provisional Payment in Paragraph 6 B (1) above. Such payments
shall be due no later than thirty (30) days after the month in which services
were provided.
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C. DETERMINATION OF ACTUAL COST OF SERVICES -
(1) COUNTY agrees to collect and maintain expenditure and
workload data to be used to determine the actual cost of the animal control
and shelter services provided to CITY during the term of this Agreement.
(2) CITY's Actual Cost of Animal Control Field Services shall be
determined by applying CITY's percentage of the total field Actions
provided by COUNTY to COUNTY's Total Actual Expenditures (including
indirect charges) for providing all Animal Control Field Services within
COUNTY.
(3) CITY's Actual Cost of Animal Control Special Services shall be
determined by applying CITY's percentage of the total animal licenses sold
by COUNTY to COUNTY's Total Actual Expenditures (including indirect
charges) for Providing all Animal Control Special Services within COUNTY.
(4) CITY's Actual Cost of Animal Shelter Services shall be
determined by applying the CITY's percentage of animal charge days, for
animals impounded from within the corporate limits of CITY and animals
received from residents of CITY, to COUNTY's Total Actual Expenditures
(including indirect charges) for providing all Animal Shelter Services within
COUNTY. An animal charge day is defined here as each day or portion of
a day that an animal is housed at COUNTY's Animal Shelter.
D. FEE REVENUE-
(1) COUNTY shall have all powers of CITY and shall receive all
cooperation possible from CITY to enable efficient enforcement of fee
collection. COUNTY shall retain all fees and revenue derived from the
enforcement of the CITY Ordinances pertaining to the animal control
services provided by COUNTY.
(2) COUNTY agrees to keep record of and to credit to CITY all
license revenue collected from residents of CITY, and all fee revenue
generated from animals received from CITY residents or impounded within
the corporate limits of CITY. Said revenue credit shall be used to
determine the Net Cost of animal control and shelter services described in
Paragraph 6 E. below.
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E. ADJUSTMENTS TO PROVISIONAL PAYMENT-
(1) CITY's combined Actual Costs of Animal Control and Shelter
Services, as described in Paragraphs 6 C. (2), 6 C (3) and 6 C (4) above,
shall be reduced by the total amount of license and other fee revenue
generated from CITY, as described in Paragraph 6 D. above, to determine
the Net Cost of Service provided under this Agreement.
(2) If the Net Cost of Service is less than the Provisional Payment
amount indicated in Paragraph 6 B (1) above, the COUNTY shall credit
difference to CITY. COUNTY agrees to refund the difference if CITY does
not enter into a subsequent agreement with COUNTY for animal control
and shelter services.
(3) If the Net Cost of Service is greater than the Provisional
Payment amount indicated in Paragraph 6 B (1) above, then COUNTY
shall invoice CITY for the difference if CITY does not enter into a
subsequent agreement. If payment is not received by COUNTY within sixty
(60) days after the invoice is submitted, COUNTY may satisfy the
indebtedness in any manner prescribed by law.
(4) COUNTY agrees to complete the calculation of the Net Cost of
Service for animal control and animal shelter services, and credit or refund
any overpayment by CITY, or invoice CITY for the additional amount owed
by CITY, on or before December 31, 1999.
7. FINANCIAL/OPERATIONAL ADVISORY BOARD
The parties agree that there shall be a Financial/Operational Advisory Board to
advise the Director of Animal Control on financial and operational matters and to assess
cost recovery options for future years. The Financial/Operational Advisory
Board shall be made up of seven members, four members appointed by the Orange
County League of Cities and three members appointed by COUNTY.
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8. RECORDS
All records created or received by COUNTY in accordance with this Agreement
shall be COUNTY records. COUNTY agrees to keep such books and records in such
form and manner as the Auditor-Controller of COUNTY shall specify. Said books shall be
open for examination by CITY at all reasonable times.
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9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION
Animals which are being retained in criminal prosecutions, except for violations of Animal
Control regulations and/or ordinances pursuant to the Agreement, are not to be construed
as held pursuant to the services provided under this Agreement; housing will be done at
the discretion of the COUNTY and at the COUNTY's usual and customary charges for
such housing.
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10. ALTERATION OF TERMS
This Agreement fully expresses all understandings 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 shall be valid unless made in writing, formally approved and executed by duly
authorized agents of both parties.
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11. INDEMNIFICATION
A. That neither COUNTY nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or omitted to
be done by CITY under or in connection with any work,
authority or jurisdiction delegated to CITY under this Agreement. It is also
understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully
defend, indemnify and hold COUNTY harmless from any liability imposed for injury (as
defined by Government Code Section 810.8), including attorneys fees
and costs, occurring by reason of anything done or omitted to be done by CITY under or
in connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
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B. That neither CITY nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason 'of anything done or omitted to be done by
COUNTY under or in connection with any work, authority or jurisdiction delegated to
COUNTY under this Agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, COUNTY shall fully defend, indemnify and hold CITY
harmless from any liability imposed for injury (as defined by Government Code Section
810.8), including attorneys fees and costs, occurring by reason of anything done or
omitted to be done by COUNTY under or in connection with any work, authority or
jurisdiction delegated to COUNTY under this Agreement.
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12. NOTICES
Unless the persons or addresses are otherwise identified by notice given in the
manner specified by this paragraph, all notices authorized or required by this Agreement
shall be deemed effective when reduced to writing and deposited in the United States
mail, certified, and addressed as follows:
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To CITY:
City Manager
City of Tustin
300 Centennial Way
Tustin, Ca 92680
To COUNTY: Health Officer
County of Orange
515 N. Sycamore
Santa Ana, Ca 92701
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IN WITNESS WHEREOF, the CITY of Tustin by motion duly adopted by its City
Council, caused this Agreement to be signed by its Mayor and attested by its Clerk, and
the COUNTY OF ORANGE by order of its Board of Supervisors, has caused these
presents to be subscribed by the Chairman of said Board and this seal of said Board to be
affixed thereto and attested by the Clerk of the Board, all on the day and year first above
written.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
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DATED:
By
Chairman, Board of Supervisors
DATED:
'SIGNED AND CERTIFIED THATA
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
DATED'
DATED:
DARLENE J. BLOOME
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
COUNTY COUNSEL
CITY OF Tustin
a municipal corporation
By
Mayor
DATED:
ATTEST:
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DATED:
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contrct2
By
City Clerk
APPROVED AS TO FORM'
By
City Attorney
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