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