HomeMy WebLinkAbout11 ANIMAL CNTL/SHELTER 07-07-97AG EN
DATE:
June 30, 1997
NO. 11
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7-7-~7
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TO: William A. Huston, City Manager
FROM: Ronald A. Nault, Finance Director
SUBJECT: ANIMAL CONTROL/SHELTER CONTRACT FOa FISCAL YEAR 1997-98
RECOMMENDAT ION:
Authorize the Mayor to sign the Animal Control/Shelter agreement
for Fiscal Year 1997-98 in the amount of $94,494.
FISCAL IMPACT:
The draft 1997-98 Budget includes $94,500 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 1997-98 Animal Control/Shelter contract cost of
$94,494 is an increase of 5.6% over the 1996-97 contract of
$89,311. Judy Maitlen, Director of Animal Control, has indicated
that the current contract proposal reflects an increase in
utilization of the services by Tustin residents offset by reduced
overhead costs. It does not include a factor for cost of living
salary increases for fiscal 1997-98. Animal Control has also
reduced the 1997-98 potential contract cost by postponing the cost
of relocating the shelter facility from the current agreement.
Both of these factors may impact future costs.
The 1997-98 cost of $94,494 is still very cost effective for the
City, and Staff supports the continuation of contracting with the
County for Animal Control/Shelter services.
Finance Director
RAN:ts
Attachments
RAN6:Shelterl.Jun
OUNTY
OF
TOM URAM
DIRECTOR
RONALD R. DILUIGI
ASSISTANT AGENCY DIRECTOR
June 23 , 1997
HEALTH CARE AGENCY
OFFICE OF THE DIRECTOR
515 N. SYCAMORE·
SANTA ANA, CALIFORNIA 92701
(714) 834-6021
FAX (714) 834-5506
Mr. William A. Huston, City Manager
City of Tustin
300 Centennial Way
Tustin, Ca 92680
Subject: Animal Control/Shelter Contract for Fiscal Year 1997-98
Dear Mr. Huston:
Enclosed is an original and two copies of the Fiscal Year 1997-98 Contract for your
city for Orange CoUnty Health Care Agency/Public Health Animal Control/Shelter
Services.
After approval by your City COuncil, please return the original and all signed 'copies
to Animal Control Director, Judy Maitlen, at the address shown below:
Orange County Animal Control
561 City Drive South
Orange, Ca 92868
If you have any questions regarding this information, or the process, please call
Ms. Maiden, at (714) 935-7107.
Sincerely,
Director'
JM:cpc
Enclosures
CC:
Jan Mittermeier, CEO, County of Orange
concvr97.1tr
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AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
THIS AGREEMENT, entered into this 1st day of July 1997, 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.
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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:
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1. TERM
A.
June 30, 1998.
This Agreement shall begin on July 1, 1997, and end
B. The term of this Agreement shall be automatically extended for a
180 day period through December 31, 1998, if a successor Agreement between the
parties is not in force by July 1, 1998, 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, 1 997.
B. Any obligation of COUNTY under this agreement is contingent upon
the following:
(1) Inclusion of sufficient funding for the services hereunder in the
budget approved by the Board of Supervisors, for Fiscal Year 1997-98, and
the Fiscal Year 1998-99.
(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.
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
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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
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checks of animals involved in bites; inspections of facilities which are required
to Comply with the vicious dog ordinance; transportation of all injured
impounded animals 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.
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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.
(3) SHELTER SERVICES: Shelter will receive animals from the public
365 days a year from 7:00 a.m. until 11:00p.m. Stray animals will be
accepted without charge. Owners who re[ease 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.
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 1997-98 Provisional Payment to COUNTY in the
amount of $92,673. This payment for 1997-98 services shall be
adjusted by a 1996-97 credit of $3,845 and further adjusted by a final
1995-96 debit of $5,666, resulting in a total adjusted provisional
payment of $94,494. 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, 1997,
the second is due December 30, 1997, the third is due March 30,
1998, and the fourth is due June 30, 1998.
(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 COUNTYi 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
provi~led 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
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generated from animals received from CITY residents or impounded
within the corporatelimizs of CITY. Said revenue credit shall be used to
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determine the Net Cost of animal control and shelter services described
in Paragraph 6 E. below.
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, 1998.
7. EINANCIAL/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
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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. RECO_B_D_S
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 rea§onable 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
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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.
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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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:
To CITY:
City Manager
City of Tustin
300 Centennial Way
Tustin, Ca 92680
To COUNTY:
Health Officer
County of Orange
515 N. Sycamore
Santa Aha, Ca 92701
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IN WITNESS WHEREOF, the CITY of Tustin by mo~ionduly 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
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DATED:
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SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
DATED:
/!
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DATED:
DATED:
DARLENE J. BLOOME
Clerk of the Board of Supervisors
of Orange Count'y, California
APPROVED AS TO FORM:
COUNTY COUNSEL
CITY OF Tustin
a municipal corporation
By
Mayor
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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