HomeMy WebLinkAboutCC 15 ANIMAL CONTROL 06-21-93CONSENT CALENDAR NO.
-21-93
Inter-Com
15
DATE: JUNE 16, 1993
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE
WILLIAM A. HUSTON, CITY MANAGER
~993-94 ANIMAL CONTROL CONTRACT
CITY COUNCIL
RECOMMENDATION:
That the City Council approve an agreement with the County of Orange for
fiscal year 1993-94 animal control services.
FISCAL IMPACT:
The cost to the City for fiscal year 1993-94 is $93,040.
included in the draft General Fund budget.
This amount is
DISCUSSION:
Each year the City contracts with the County for animal control
services. For the past several years, the contract price was based upon
the actual cost of field services (patrol, impounding of stray animals,
etc.), and shelter services, less animal license fees collected by the
County. This arrangement enables the City to assess the level of
services provided and determine whether the County contract is cost
effective. Based upon the level of service provided by the County and
the contract price, staff believes continuation of the contract
arrangement with the County is the most cost-effective way of providing
animal control services.
WAHi %
anmLcont,wah
O
OUNTYOF RANGE
HEALTH CARE AGENCY
PUBLIC HEALTH
May 13, 1993
YOM URAM
L. REX EHLING, M.D
VE TE RINARY PUBL lC HI' AL 1 H
56~ CITY DRIVE SOU~'H
ORANGE, CALIFORNIA 92668
Mr. William A. Huston, City Manager
City of Tustin, City Hall
!5222 Del Amo Avenue
Tustin, Ca 92680
Subject: Animal Control/Shelter Contract for Fiscal Year 1993-94
Dear Mr. Matz:
Enclosed is an original and two copies of the Fiscal Year 1993-94 Contract for
your city for Orange County Health Care Agency/Public Health Animal Control
and Shelter Services.
As explained in Tom U.am s May 4, 1993 letter, the Fiscal Year 1993-94 total
contract budget is nearly eight percent below that of this Fiscal Year.
Each city's actual cost is contractually assigned according to various service
£actors and the application of that city's revenue. The final cost is then
adjusted by either an estimated credit or debit from the current year and a
final credit or debit from the previous year.
The following changes in the contract language were discussed and approved by
the Animal Control Operational/Financial A~so~ Board.
i. Page 5, Section 3, A, (3), Shelter Services.
Language is added which gives contract cities the option of
requesting additional ch~ge=~e Animal Care Days on a space
available basis.
2. Page 7, Section 3, B, and C, Conformity of Laws and Regulations
Language in these two paragraphs has been revised to allow contract
cities, with the agreement of both parties, to adopt their own
customized ordinance or not adopt a County ordinance in a
jurisdiction. This language was initially developed to accommodate
differing views on cat licensing and gives £ie×ibility which was
not available in previous contracts.
- Mr. Muston
May 13, ~993
Page 2
Please return the original and two copies of the signed documents by
June 25, 1993, to the address shown below:
Judy Maitlen, Director
Orange County Animal Contro~
562 City Drive South
Orange, Ca 92668
If you have any questions regarding this information, or the process, please
call me at (714) 935-7107.
Sincerely,
Judy Maitlen
Director, Animal Control
JM:cpc
Enclosures
cc: Robert MerrMman, Deputy Director, Public Health
C0~URAC~:ccverg~
AGREEMENT FO~ ANIMAL CONTROL AND SHELTER SERVICES
THIS ^Ct{EEMENT, autoread into this 1st day of July 1993, which date ia
enumerated Far p.r;,o~e.~ of' reference only, is by and between the COUNTY OF
ORANGE, a political ~u~bdiviaion of the State, hereinafter referred to as
"COUNTY," ned the CITY OF Tustin, a municipal corporation, hereinafter
referred to ns
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 her.~lm£ter set forth;
NOW T}{EI{EFORE, IT IS MUTUALLY AGREED as follows:
1. TERM
A. Thi~ A~re~ment shall begin on July 1, 1993, and end June 30,
199g.
~. The retail o? this Agreement shall b~ automatically extended for
day period thrall{% I.ocomber 31, 199~, if a successor Agreement between
the parties i~ not ~n
been given hy .~i the~1
Agreement.
forco by July 1, 1994, and no notice of non-renewal has
:ITY ~,r COUNTY in accordance with paragraph 2 of ~his
CONTRCT2:~ont rat2
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written nntie,, nh~l]
1993.
Tgi{M1 NAT ~o~:
A. If eithor p~rty determines not to renew this agreement,
b,~ givon to the other party no later than December 31,
3.
A. COUNTY ~!~r~s, under the direction of Hen]th Officer of COUNTY
to provid~ anim~,l c,~,~tr,~] nervices within the corporate limYts of CITY.
oerv~ces $~r~,id,~d by C{~UU'rV shall include the enforcement of State stat~:tes
d~emed appl~c~b]e to ClTY by COUNTY. COUNTY will not be obligated to enforce
asy ordin~uc~ n~pt~,,~ by CITY except those adopted in compliance with
Paragraph ~$ o{' this ,'gre,,~,,nt. The level of animal control and shelter
services %o be provided u,~.~er this Agreement shall be established as those
customarilN provided to residents of unincorporated areas of the C0UNTY.
Services nhalt be provided in the following three categories.
(1) ~IELD SERVICES: Field Services shall be provided seven
daym a w~[, 2~ hours per day, 365 days a year, with the level of
8ervice r~%uce~% between the hours of 11:OO p.m. and 7:00 ~.m.
7elephon~ ~erv]~e request lines answered between 8:00 a.m. and 5:00
p.m. ever?day, e~cept holidays; lines monitored and responded to on
~ Dr[ori~.~~ h~m~ on holidays and after 5:00 p.m. Activit[e~
%u~n~~. b~t .~ro not limited to: patrol of assigned reg[ona! areas:
[m?~undi~]~ of s~ra3 dogs or confined stra)~ cats and of
o,.n ~ r [ ...... nnimals, pick-up of injured wildlife; cruelty
[nvestign~tonz: return of unclaimed animals (following required
rotentton ~er[~) to one designated location on behalf of C1TY;
f~o~ ~ ~ .... asc ~/~ owner and lmpouna fee collection for licensed dogs
~,~: Dl~lde~: b~-' investigations: quarantine activities inclu.~ng
~ ch~ ,~ unimals involved in bites; inspections of facilities
~.~ ~ .~ r~rod to compS2,~ with the vicious dog
tr,~nnport~t~on of all injured impounded animals to emer~en~3
vetorin~r~nns; issuance of citations; impounding of dead animals
for d[spo~{]; response to service request calls from law
en~'orcement and tit3 officials to assist in areas re~ardin~
suspected criminal activities or zonin~ violations; citizen
contacts to ~]v= information or advice regarding wildlife or other
al]imn] oon,~erns, not to include wildlife eradication services.
]n-h,~us~ field service activities shall include: assistance to
.t]I]n~n9 r.'t~,r~]in~ barkin~ do~s and other nuisance complaints;
advice r~!l.,rdi~l~ wildlife management and other issues which ma3 not
r~qui ~e onntact in the field by an officer; visits to schools and
community ~ronps to provide education regarding wildlife
mana~ement, responsible pet ownership and other animal control
[2> SFECIAL SERVICES (Pet and Facility Licensing) In keepin~
with Fubl[e }lealth laws which require the rabies vaccination and
licensin~ ,~ all dogs over four months old, COUNTY shall canvass
every re~.]~nc~ within the CITY approximatel~ every 20 months to
locate and license unlicensed dogs. Licenses shall be sold at the
res]d~nce: ~nf~rcement officers will follow-up on problems when
n~cess~{ry'. Notiling in this contract prohibits other methods for
the sale ~!' do~ licenses b~, CITY or COUNTY.
!~]1 animal related businesses in the jurisdiction will be
Jn~peeted l~wicc each year and in response to any complaints
received t~ ass~lre that facilities met required standards.
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Appropriate notification shall be given to CITY. In those cities
which allow animal permits for private homes, permits shall be
issued wit}] the approval of CITY following neighborhood
iuvestigattons and inspection of the home to assure that the
residence has adequate facilities to maintain the requested number
of ~nimals.
Pet licens~ renewals shall be processed through an automated
r~,]~wal symtem. COUNTY will process renewals and answer telephone
amd ~n-p~rson q~estions regarding licensing requirements.
Low ~,~st vaccination clinics, coordinated by Animal Control
staff, wi]~ 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:O0 p.m. Stray
~nim~ls w~ll b~ accepted without charge. Owners who release their
animals will bn ~harged a fee. The Shelter will be open to the
publi, e to locate lost pets or for pet adoption Monday through
S~t,]rd~y (uot ~,lcluding holidays) from 10:OO a.m. to 5:00 p.m., and
until 7:00 p.m. on Wednesday. A low cost vaccination clinic will
be h~ld the £~r~t Tuesday of each month at the Shelter.
The Shelter shall retain dogs and cats without owner
ideattfic,~ttoa 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
~dentification. When animals are wearing identification, owners
wil] be coutact*~d by telephone and by mail. If animals are not
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redeemed by theic owners and adoption holds have not been placed
so,,~ may b~ made available for adoption for an additional time
period on ~ space available basis. Those which are neither
redoomed nor adopted will be euthanized and carcasses disposed of.
If CITY wighes to request additional retention days for
healthy, ,~,~n-a~-essive animals impounded within CITY such service
may be req~ste,t in writing with 60 days advance notice. Such
service w~].l bo provided to CITY upon written approval of the
~{es]th 0ff%eer. If agreed to, additional animal retention days
will be of?ere,1 on a space available basis only. CITY shall pay
chsrges 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.
VetemJnary staff shall perform required euthanasia by lethal
inject[on. Necropsies will be performed on animals which die under
s~p[clo~s cir,~umstances and at the request of law enforcement.
B. COU~T¥ shall furnish and supply all necessary labor,
supervision, equipment, and supplies to provide the services described in this
Agreement. In all ~n:~tances wherein special supplies, stationary, notices,
forms and the like are ~ssued in the name of CITY, the same shall be supplied
by CITY at [ts own ewpense.
C. The m~thod by which services are provided, the standard of
performance, any otheF matters incidental to the performance of such services,
and the costrol of pe~'son~el 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 provi:ted hereunder, or the level and manner of performance of
such service~, the p~'ties shall meet in good faith to resolve their
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differences. In the event of an impasse, the decision of the Health Officer
of COUNTY ~hall be f.iual.
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 CO!INTY au.t paid for by CITY.
F. COUNTY agrees to maintain its animal shelter in a humane
manner and keep .~aid p~emi.ses in a clean condition at all times, and that all
services furaiahnd by it hnreunder shall be in accordance with the laws of the
State of California, ~m,l that it will give required notices and use humane
methods of cafe 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 ~,~ployed h~,,',~un.l,wr shall have the right to any CITY pension or civil
service statu~. Whea performing services under this Agreement and for the
purpose of F, iv'inF., o~ie~a]. "~tatus to the performance thereof where necessary,
but not fo~ th~ purpo;;e of Iiability or indemnification, every COUNTY officer
or employee al]ali be ,lenmmt to be an officer or agent of CITY.
5. CONFORMITY OF LAWS OR REGULATIONS
&. llotw~l:hsta,]ding anything to the contrary herein contained,
this Agreement shall terminnte at any time that CITY fails to enact, and to
maintain in full forc~ 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 0range, and
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other regulations pr~:~ent]y adopted by the Orange County Board of Supervisors
concerning animal control, iucluding those which relate to fees. Thin
Agreement shal~ else termJnnte if CITY does not enact the name amendments to
its Municipnl Code as those adopted by COUNTY's Board of Supervisors regarding
animal control within sixty (60) days after a request to do no by COUNTY
Health Officer.
B. ~f CITY is consbtering adopting an ordinance and requesting its
enforcement by CO(JNTY, the ~{ealth Officer may provide assistance to CITY in
defining the ~,suner i~ which the proposed ordinance enforcement would be
p~ovided hy COUNTY. COUNTY will provide such services when a written request
in received 60 d~ys ;~r[er ~o the requested impleutation of the service upon
the written spproval of the }{ealth Officer. The manner and extent to which
services are provided ~n 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 ~nd ~co~odated under the provisions of Paragraph 6, C.
C. CITY may request that specific ordinances adopted by COUNTY not be
euforced in CITY when written request for exclusion is received 60 days prior
to the requested exclusion upon the written approval of the Health Officer.
Such requests will n,~ly be considered provided they are not in conflict with
State statutes or do ,u~t nn~langer the public health. The COUNTY Health
Officer, neting on ben,all of COUNTY, may use discretion and need not request
CITY to adopt amendme,~ts wh[ch do not apply to CITY.
6. PAYMENTS
A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual costs
of providing nn~mal control and animal shelter services.
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B. PAYMENT METHOD -
(1) In consideration for the animal control and shelter
services p~evided by COUNTY during the term of this Agreement, CITY
shall make a FY 1993-94 Provisional Payment to COUNTY in the amount
of :~96,95~. This payment for 1993-94 services shall be adjusted by
a 1992-93 cred}.t of $541 and further adjusted by a final 1991-92
credit of :~5,371, resulting in a total adjusted provisional payment
oF $93,040. This payment shall be adjusted as described in
Paragraph 6 E. below.
(2) The Provisional Payment shall be paid to COUNTY in four
iamtallme~ts, each equal to twenty five percent (25%) of the total
Provisional Payment. The first installment is due September 30,
1993, the secosd is due December 30, 1993, the third is due March
30, 199~, and the fourth is due June 30, 1994.
(3) IF p~yment is not received by COUNTY within thirty (30)
dsys ~f~.~' the due date, COUNTY may cease providing any further
service under this Agreement with CITY and may satisfy the
i~debted,~,~mm iq any manner prescribed by law.
(4) C£TY shall not be called upon to assume any liability for
the dir~,~t, payment of any salaries, wages or other compensation to
any COUNTY pers,~nnel performing services hereunder for said COUNTY,
or any li. abi]%ty other than provided for in this Agreement. CITY
shall not be l~uble for any compensation Or indemnity to any COUNTY
employee for injury or sickness arising out of his or her
employmnnt.
(5) In the event this Agreement is extended in accordance
w~ th Par~,,~raph I B. above, CITY shall make monthly provisional
p,]ymentm ~o CO~NTY in an amount equal to one twelfth of the amount
shown as the adjusted Provisional Payment in 6 B. (1) above. Such
payments shall be due no later than thirty (30) days after the
month Jn which services were provided.
C. DETE}~MINAT[ON OF ACTUAL COST OF SERVICES -
(1) COUNTY agrees to collect and maintain expenditure and
wo~-kload data to be used to determine the actual cost of the animal
control a,]d shelter services provided to CITY during the term of
this Agree,,ent.
(2) CITY's Actual Cost of Animal Control Field Services shall
be determined by applying CITY's percentage of the total Field
Actions previded by COUNTY to COUNTY's Total Actual Expenditures
(inclndin~ indirect charges) for providing all Animal Control Field
Services within COUNTY.
(5) CITY's Actual Cost of Animal Control Special Services
shall be determined by applying CITY's percentage of the total
animals l~censen sold by COUNTY to COUNTY's Total Actual
Ex}~enditurns (including indirect charges) for providinE all Animal
Control Sp,~cia] Services within COUNTY.
(4) {~ITY's Actual Cost of Animal Shelter Services shall be
det~rminbd by ~pplying the CITY's percentage of animal charge days,
Cot snims]~ },n},nunded from within the corporate limits of CITY and
animals received from residents of CITY, to COUNTY's Total Actual
E×p~nditures ~ncluding indirect charges) for providing all Animal
Shelter Services within COUNTY. An animal charge day is defined
here so each d~3 or portion of a day that an animal is housed at
COUNTY's A~imsl Shelter.
D. FEE HEV~NUE -
(1) CuUNTY shall have all powers of CITY and shall receive
ali coopor~t~on possible from CITY to enable efficient enforcement
n[ fee col]ectb~n. COUNTY shall retain all fees and revenue
derived ~rom 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
lin~nse r~venue collected from residents of CITY, and all fee
~ev-nue Ke~]erqted from animals received from CITY residents or
impounded within the corporate limits of CITY. Said revenue credit
shal.] be used to determine the Net Cost of animal control and
shelter services described in Paragraph 6 E. below.
E. ADJUSTMENTS TO PROVISIONAL PAYMENT -
(t) 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 tho Net Cost of Service in less than the Provisional
Psymeut am,~.nt ~udicated in Paragraph 6 B. (1) above, the COUNTY
shell credit difference to CITY. COUNTY agrees to refund the
different? tf CITY does not enter into a subsequent agreement with
COIWTY For animal control and shelter services.
(3) If the Net Cost of Service is greater than the
Pruvisio,~] Pny!,l=nt amount indicated in Paragraph 6 B. (1) above,
tbeu COU~IT¥ shall invoice CITY for the difference if CITY does not
enter ist~ n subsequent agreement. If payment is
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not receiv,~d by COUNTY within sixty (60) days after the invoice is
suhm[tted, COUNTY may satisfy the indebtedness in any manner
pr~scribed 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 vefun,~ any overpsyment by CITY, or invoice CITY for the
ad,~t~onsl amol~nt owed by CITY, on or before December ~1, 1994.
7. ~INANCIAL/OPERATIONAL ADVISORY BOARD
Th~ part~es agree that there shall be a Financial/Operation
Advisory Bo~r!] 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.
8. RECORDS
All record!~ credited or received by COUNTY in accordance with this
Agreement shall be COUNTY records. COUNTY agrees to keep such books and
records in such form ~nd msnner as the Auditor-Controller of COUNTY shall
Said books shall be open for examination by CITY at all reasonable
specify.
times.
9.
ANI~A],$ RE'I'AINEI) FOR CRIMINAL PROSECUTION
Animals which are being retained in criminal prosecutions, except
for violatloe~ of An~,nal C,~ntrol regulations and/or ordinances pursuant to the
Agreement, are not t~ be construed as held pursuant to the services provided
under this Agree,neat: 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. ALTER^TIO}; OF TERMS
This ^greoment fully expresses all understandings of COUNTY and
CITY with respect to the s~bject matter of this Agreement, and shall
constitute the total ~greement between the parties for these purposes. No
addition to, or alher~ion of, the terms of this Agreement shall be valid
unless made in w~'iti,~, formally approved and executed by duly authorized
agents of botll
11. IN DEMI'II F [~: ATION
A. That noithnr COUNTY nor any officer or emploNee thereof shall be
responsible For as3 d~unage or liabilit3 occurring by reason of anything
done or omitted to be dona by CITY under or in connection with an~ work,
authority or ~ur[sdict[on delefated to CITY under this Agreement. It is also
understood and agreed that, pursuant ~o Oovernment Oode Section 895.4, CITY
shall fully defend, i~demnify and hold OOUNTY ha~less from an~ liability
imposed for injury (as defined by Government Code Section 810.8), includinfl
attorneys fees and
be done by CITY under or in connection wi[h any work, authority or
~urisdict[o~l delegate,] to CITY under this AEreement.
B. That neither CITY nor any officer or employee thereof shall be
responsible for any ,lassie or liability oceurrin6 b3 reason of anythin~ done
or omitted to be dona b3 COUNTY under or in connection with any work,
authority or 3urisdiction delegated to COUNTY under this Agreement. It
also understood and agreed that, pursuant to Government Code Section 895.4,
COUNTY shall fully defnnd, indemnify and hold CITY hamless from any liability
imposed for in,ur3 (as defined bx Government Code Section 810.8), including
attorneys fee~ and co.~ts, occurrinE b3 reason of anything done or omitted to
be done b.%' COtIPITY u~.l.~r or in connection with an3 work, authority or
~urisdictioe d~l~ato.] to (~OUNTY under this Agreement.
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12. NOTICES
Un]ess tho pernons or addresses are otherwise identified by notice
given in the manner specified by this paragraph, all notices authorized or
required by t}ll.s Agreement shall be deemed effective when reduced to writing
and deposited in the United States mail, certified, and addressed as follows:
To C [?¥:
City Manager
City of Tustin
[5222 Del Amc Avenue
Tustin, Ca 92680
To COUNTY:
Health Officer
County of Orange
515 N. Sycamore
Santa Ana, CA 92701
IN WITNEtS WHMHMOF, the CITY of Tustin by motion duly adopted by its
City Council, cause,~ 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 d~y and year first above written.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
DATED:
DATED:
By
Chairman, Board of Supervisors
SIGNED AND CERTIFIED T$IAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
PHYLLIS HENDERSON
Clerk of the Board of
Supervisors of the County of
Orange, California
DATED:
APPROVED AS TO FORM:
TERRY C./ ANDR~S; C~U~TY COUNSEL
.~-CITY OF Tustin [ ~
a municipal corporation
Mayor
DATED:
ATTEST:
City Clerk
DATED:
APPROVED AS TO FORM:
By
City Attorney
CONTRCT2:contrac2