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HomeMy WebLinkAbout05 O.C. ANIMAL CNTL 07-05-94AGENDA NO. 5 7-5-94 I n t e r- C o m DATE: JUNE 27, 1994 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER RONALD A. NAULT, DIRECTOR OF FINANCE 1994-95 COUNTY OF ORANGE ANIMAL CONTROL/SHELTER CONTRACT RECOMMENDATION: Approve the Agreement for Animal Control and Shelter Services by the County of Orange and authorize the Mayor to sign the Agreement for the 1994-95 fiscal year. FISCAL IMPACT: The City provisional rate for FY Agreements attachment "E" has been City Budget. 94-95 as illustrated on the included in the draft 1994-95 DISCUSSION: The ongoing arrangement we have with the County of Orange continues to be the most cost effective means of providing animal control and shelter services for our residents. The proposed 1994-95 provisional rate for Tustin of $87,277 is 10 percent less than the 1993-94 contract cost of $96,952. Ro~~u!t Director of FSnance RAN: ls Attachment e:ocanJma [ .con HEALTH CARE AGENCY SANTA ANA, CALIFORNIA 92701 (714) 834-6021 FAX (714) 834-5506 TOM URAM RONALD R. DILUIGI May 31, 1994 Mr. William A. Huston, City Manager City of Tustin 15222 Del Arno Avenue Tustin, Ca 92680 Subject: Animal Control/Shelter Contract for Fiscal Year 1994-95 Dear Mr. Hutson: Enclosed is an original and two copies of the Fiscal Year 1994-95 Contract, and back up documents, for your city for Orange County Health Care Agency/Public Health Animal Control/Shelter Services. This year's contract language has not changed. The only significan: budgeting change is the allocation of the Rabies Bite Reporting System costs solely to the County as recommended in the Hughes-Heiss Report. There is a projected FY 1993-94 underexpenditure of $371,589 based on three quarters of data, which has been proportionately assigned to contraat cities. This underexpenditure is largely due to higher revenue produced from las: year's increase in dog license and impound fees which were approved after contrac:s had been distributed. Additionally, an unusual number of unanticipated vaca~: positions occurred during the year. As always, costs are assigned to contract cities based on actual se'vice. This causes the contract amounts to fluctuate each year based on a variety of factors. As an example, the cost to the unincorporated area is higher due to the increased demand for service in areas such as Rancho Santa Margarita. The enclosed Fiscal Year 1994-95 supporting documents are as follows: Projected FY 93-94 Animal Control/Shelter costs based on information through March 31, 1994. B. The overall budget for Animal Control/Shelter - four pages. C. The projected FY 1994-95 Animal Control/Shelter costs by city. Mr. Huston May 31, 1994 Page 2 Five pages, displaying Field Action, Licensed Dogs, and Animal Care Days by city. These are the basis of spreading Field Costs, Special Services Costs, and Shelter Costs, respectively. The Adjusted Provisional Payment. FY 1994-95's Provisional Payment is adjusted by FY 1992-93 Final Adjustment and the FY 1993-94 Provisional Adjustment which results in the Adjusted Provisional Payment (Column #6). The Provisional Rate (Column #3) is the estimated net cost for services for FY 1994-95. The Adjusted Provisional Payment is the payment for FY 1994-95, which will be billed quarterly. Please return the original and all signed copies by July 12, 1994, 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, Tom Uram Director JM:cpc Enclosures cc: Ernie Schneider, County Administrative Office coRtcvr II II II AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES THIS AGREEMENT, entered into this 1st day of July 1994, 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 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. This Agreement shall begin on July 1, 1994, and end June 30, 1995. B. The term. of this Agreement shall be automatically extended for a 180 day period through December 31, 1995, if a successor Agreement between the parties is not in force by July 1, 1995, and no notice of non-renewal has been given by either CITY or COUNTY in accordance with Paragraph 2 of this Agreement. // // 3 4 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 24 -"~6 /.7 A. If either party determines not to renew this Agreement, written notice shall be given to the other party no later than December 31, 1994. // 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. everyday, 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 // 2 // 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 ticense renewals shal~ 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 2 3 5 6 7 8 9 10 1! 12 15 17 18 19 2O 21 22 23 24 25 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. // // 4 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 it 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 // // 5 2 3 4 5 6 ? 8 9 lO 12 15 16 17 18 19 21 24 full force and effect an ordinance identical in intent to the provisions of Article 1 through 10 of Division I 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. // // // ·// 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 1994-95 Provisional Payment to COUNTY in the amount of $87,277. This payment for 1994-95 services shall be adjusted by a 1993-94 credit of $9,672 and further adjusted by a final 1992-93 credit of $5,276, resulting in a total adjusted provisional payment of $72,329. 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, 1994, the second is due December 30, 1994, the third is due March 30, 1995, and the fourth is due June 30, 1995. (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. // 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 po, ssible 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. 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 amouot owed by CITY, on or before December 31, 1995. 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 6 7 8 9 10 12 15 16 17 18 19 20 21 24 // // // // // 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. 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. ALTERATION OF TERM,~ This Agreement fully expresses all understandings of COUNTY and CITY with respect to the subject ma~er 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. 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, 10 // // // 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. 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: Cit. y Manager City of Tustin -- 300 Ce[ztenz~±a]~ ~Ta7 Tustin, Ca 92680 To COUNTY: Health Officer County of Orange 515 N. Sycamore Santa Aha, Ca 92701 11 2 3 4 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 23 24 25 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. // // // // // // // // // // // II II II II II II II II II II II II II II II 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. II II DATED: // DATED: // // By Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD PHYLLIS A. HENDERSON Clerk of the Board of Supervisors of the County of Orange, California DATED: // // // DATED: APPROVED AS TO FORM: ~.~-~_ TERRY C. ANDRUS, COUNTY COUN~Fc a municipal corporation By Mayor // DATED: ATTEST: 25 26 2? // // DATED: II II // contract By City Clerk APPROVED AS TO FORM: By City Attorney 13 o o 0 0 - - I ~ ~$~ ~< ~ ~ ~ ~c 0 0 0 Z