HomeMy WebLinkAbout04 ANIMAL CNTL CONT 06-17-96NO. 4
'6-17-96
Inter-Com
DATE'
JUNE 5t 1996
TO:
FROlVl:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
RONALD A. NAULTt FINANCE DIRECTOR
ANIMAL CONTROL/SHELTER CONTRACT FOR FISCAL YEAR 1996-97
RECOMMENDATION=
AuthOrize the Mayor to sign the Animal Control/Shelter agreement
for Fiscal Year 1996-97 in the amount of $89,311.
FISCAL IMPACT:
The draft 1996-97 Budget includes $93,100 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 currently 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 1996-97 Animal Control/Shelter contract cost of
$89,311 is an increase of 41% over the 1995-96 contract of $63,257.
I have spoken to Judy Maitlen, Director of Animal Control, and as
she states in her letter, attached, due to the bankruptcy
maintenance items and capital purchases were postponed, vacant
positions and merit increases were frozen and negotiated cost of
living adjustments were deferred. Last year's contract reflected
the net cost of the County implementing these cost savings.
The 1996-97 cost of $89,311 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
RAN5: She[ terl. Jun
OUNT\ .,..~. F
RANGE
HEALTH CARE AGENCY
PUBLIC HEALTH
May 15, 1996
RECEIVED
i ,,, __-
ADMINISTP, ATIO -.
Mr. William A. Huston, City Manager
City of Tustin
300 Centennial Way
Tustin, Ca 92680
SUBJECT: Animal Control/Shelter Contract Costs for Fiscal Year 1996-97
TOM URAM
DIRECTOR
HUGH F. STALLWORTH, M.D.
HEALTH OFFICER
VEJERINARY PUBLIC HEALTH ·
~ 561 CITY DRIVE SOUTH
ORANGE, CALIFORNIA 92668
TELEPHONE: (714) 935-6848
!
..j
Dear Mr. Huston:
This letter is to transmit the documents detailing next year's contract costs for Animal
Control and Shelter Services. The contracts are currently in preparation and will be
delivered to each city by the end of the month.
As I have explained in previous correspondence, a number of expenditures have been
delayed over the past year and a half, as a direct effect of the bankruptcy. Routine
maintenance has been placed_on hold. and purchases have been reduced to the absolute
essentials required for health and safety. Empl.oyee merit increases within their salary
range have not been granted, nor was the 2.5% cost-of-living increase negotiated.
before bankruptcy processed.
As we emerge from bankruptcy and return to business as usual, we are making every
effort to continue to contain costs. For example, the retroactive portion of the
employee salary increases which are expected to be granted, are being absorbed in
savings achieved in the FY 1995-96 budget. The automated dog license information
retrieval system which was put in place over a year ago has saved time, work and
money on an on-going basis. The permanent dog license tag is now totally activated
and has reduced the cost of buying tags at least 75%.
One change in our budget is the moving of some clerical positions from the Auditor-
Controller to the Health Care Agency Animal Control. These positions have been
outstationed at Animal Control processing dog license renewals for many years and
were budgeted under Services and Supplies, paid through the County internal cost-
application system. These positions are now budgeted under Salaries and Employee
Benefits. There is no net change in cost as a result of this reassignment.
Mr. Huston
May 15, 1996
Page 2
The contract budget for FY 1996-97 reflects a slight decrease from the FY 1995-96
contract budget, and negotiated salary increases are included in this amount. The
specific dollar information for the City of Tustin is as follows:
FY 1996-97
Projected Cost
FY 1994-95
Final Adjustment
FY 1995-96
Est. Adjustment
FY 1996-97
Adj. Payment
$94,253 ($2,879) ($2,063) $89,311
The following enclosures provide back-up documentation:
A. Projected FY 1995-96 Animal Control/Shelter costs based on information through
March 31, 19'96.
B. The FY 1996-97 overall budget for Animal Control/Shelter, four pages.
C. The projected FY 1996-97 Animal Control/Shelter costs by city, based on historical
data.
D. Display for Field Actions, Licensed 'Dogs, and Animal Care Days by city, five pages.
These are the basis of spreading Field, Special Services, and Shelter Costs
respectively.
E.
The Adjusted Provisional Payment. FY 1996-97 Provisional Payment adjusted by FY
1994-95 Final Adjustment and FY 1995-96 Provisional Adjustment which' results in
the Adjusted Provisional Payment, i.e., contract amount, which is billed quarterly.
There is no change in contract language this.year. Please contact me at 935-7107, if
you have any questions.
Very truly yours,
Director, Animal Control
JM:nc
cc: Carol Kiser, Director, HCA Administration
Robert Merryman, Deputy Director, Public Health
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OUNTY OF ORANGE
HEALTH
CARE
AGENCY
·
PUBLIC HEALTH~ I HAY 2 § 1995
May 25, 1995 [ [
Mr. Wi.lli~ A. Huston, Ci~ M~ager
City of Tustin
15222 Del ~o Avenue
Tustin, Ca 92680
TOM URAM
DIRECTOR
HUGH F. STALLWORTH, M.D.
HEALTH OFFICER
VETERINARY PUBLIC HEALTH
! 561 CITY DRIVE SOUTH
ORANGE, CALIFORNIA 92668
~ TELEPHONE: (714) 935-6848
SUBJECT: Animal Control/Shelter Contract Costs for Fiscal Year 1995-96
Dear Mr. Huston:
This letter is to transmit the documents detailing next year's contract costs for Animal Control
and Shelter Services. I apologize for the information arriving later this year than it has in
previous years. The contracts are currently in preparation and will be delivered to each city mid
June.
The specific dollar information for the City of Tustin is as follows:
FY 1995-96 FY 1993-94 FY 1994-95 FY 1995-96
Projected Cost Final Adjustment Est. Adjustment Adj. Payment
$89,187 ($14,957) ($10,973) $~3,25 7
Last fall all contract cities were notified of their FY 1993-94 final adjustment. In the
transmittal letter sent at that time, I explained that there was a reduction in the employee benefit
burden rate which resulted in a substantially lower cost that had been projected for the Animal
Control/Shelter budget. Many cities, therefore, have a credit from that final adjustment.
There is also a significant under expenditure projected (based on nine months of service data) for
FY 1994-95, which is the direct result of the County's fiscal crisis. Since mid-December a
County-wide salary freeze has been in place. As a result, the routine salary increases within
range that normally occur with acceptable performance, and that were included in budget
projections, have not been granted. An under expenditure in the area of services and supplies is
reflected due to purchasing delays related to the bankruptcy.
As predicted, there is an additional underexpenditure in data processing as a result of changes in
the license information retrieval system. This savings has been spread to all cities utilizing the
dog licensing system.
Mr. Huston
May 25, 1995
Page 2
After the estimated cost of services for FY 1995-96 was determined, the contract amount, as
always, was adjusted by last year's final adjustment and this year's estimated adjustment. For
most cities, these adjustments resulted in a significant reduction in the actual dollar amount of
the contract obligation for Fiscal Year 1995-96 compared to previous years.
It is important to keep in mind that, while many cities may benefit from a lower payment this
contract year, this year's bottom line dollar amount is artificially low. The actual cost of
services is expected to be closer to the figures reflected on Enclosure C in Column # 10 and on
Enclosure E in Column #3.
When the FY 1995-96 contracts are presented to City Councils for approval, please stress that
this greatly reduced contract amount is for one year only due to the combination of
circumstances described above. All cities should expect next year's contract amount to be more
in line with previous years.
The following enclosures provide_back-up documentation:
A. Projected FY 1994-95 Animal Control/Shelter costs based on information through
March 31, 1995.
B. The FY 1995-96 overall budget for Animal Control/Shelter.
C. The projected FY 1995-96 Animal Control/Shelter costs by city, based on historical data.
D. Display for Field Actions, Licensed Dogs, and Animal Care Days by city, five pages. These
are the basis of spreading Field, Special Services, and Shelter Costs respectively.
E. The Adjusted Provisional Payment. FY 1995-96's Provisional Payment adjusted by FY
1993-94 Final Adjustment and FY 1994-95 Provisional Adjustment which results in the
Adjusted Provisional Payment, i.e., contract amount, which is billed quarterly.
There will be no change in contract language this year. The City of Laguna Niguel is no longer
part of the regional service. Internal adjustments such as improved data processing and changes
in the license information system have allowed us to absorb this change without increasing the
base cost of overall Field Services and Special'Services for other cities. Had Laguna Niguel
remained in the regional program, these economies of scale would have resulted in a savings to
all client cities.
Mr. Huston
May 25, 1995
Page 3
Although the contracts will arrive later than usual, there will be no service interruption. A clause
in the contract covers a 90 day grace period for situations such as this one. Please contact me at
935-7107, if you have any questions.
Very truly yours,
Judy Maitlen
Director, Animal Control
JM:cpc
CC:
Carol Kiser, Director, HCA Administration
Robert Merryman, Deputy Director, Public Health
CONTRACTCORR:con9596.1tr
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OUNTY OF
TOM URAM
DIRECTOR
RONALD R. DILUIGI
ASSISTANT AGENCY DIRECTOR
HEALTH CARE AGENCY
OFFICE OF THE DIRECTOR
515 N. SYCAMORE
SANTA ANA, CALIFORNIA 92701
(714) 834-6021
FAX (714) 834-5506
May 28, 1996
Mr. William A. Huston, City Manager
City of Tustin
300 Centennial Way
Tustin, Ca 92680
Subject: Animal Control/Shelter Contract for Fiscal Year 1996-97
Dear Mr. Huston:
Enclosed is an original and two copies of the Fiscal Year 1996-97 Contract for your
city for Orange County Health Care Agency/Public Health Animal Control/Shelter
Services. This year's contract language has not changed.
After approval by your City Council, please return the original and all signed copies
by July 10, 1996, to the address shown below'
Judy Maitlen, Director
Orange County Animal Control
561 City Drive South
Orange, Ca 92668
If you have any questions regarding this information, or the process, please call
Animal Control Director, Judy Maitlen, at (714) 935-7107.
Sincerely,
Director
JM:cpc
Enclosures
concvr96.1tr
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AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
II
II
II
THIS AGREEMENT, entered into this 1st day of July 1996, 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."
II
II
WlTNESSETH:
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. This Agreement shall begin on July 1, 1996, and end
June 30, 1997.
B. The term of this Agreement shall be automatically extended for
a 180 day period through December 31, 1997, if a successor Agreement between
the parties is not in force by July 1, 1997, 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, 1996.
II
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 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
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//
contacts to give information or advice regarding wildlife or other animal
concerns, not to include wildlife eradication 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.
(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
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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.
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.
//
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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.
//
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.
//
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
// j
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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 1996-97 Provisional Payment to COUNTY in the
amount of $94,253. This payment for 1996-97 services shall be
adjusted by a 1995-96 credit of $2,063 and further adjusted by a
final 1994-95 credit of $2,879, resulting in a total adjusted
provisional payment of $89,311. 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,
1996, the second is due December 30, 1996', the third is due March
30, 1997, and the fourth is due June 30, 1997.
(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
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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.
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, 1997.
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
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Financia'l/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.
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.
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.
10. AETERATION 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.
1 1. 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,
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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.
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.
1 2. 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:
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 THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
DATED:
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DATED:
KATHLEEN E. GOODNO
Acting Clerk of the Board of Supervisors
of the County of Orange, California
APPROVED AS TO FORM:
COUNTY COUNSEL
CITY OF Tustin
a municipal corporation
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By
Mayor
DATED:
ATTEST:
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DATED:
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By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
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