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HomeMy WebLinkAboutNB 5 ANIMAL CNTL SHELTR 6-18-90AGEi4DA 0 DATE: TO: FROM: JUNE 12, 1990 NEW BUSINESS N0. & 6/18/90 Inter - Com HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL WILLIAM A. HUSTON, CITY MANAGER SUBJECT: AGREEMENT.: -FOR ANIMAL CONTROL AND SHELTER SERVICES Recommendation: That the City Council authorize the Mayor to execute the agreement. Backaround : Beginning in fiscal year 1989-90, all cities contracting with the County for animal control services were required to pay the difference between license and fee revenue and the actual cost of providing the services. It was the mutual decision of the cities and the County that attempting to fully cover costs by various fees would be counterproductive. Experience in other jurisdictions has demonstrated that persons will simply stop paying for a license or not utilize the animal shelter for services if the fees are "too high." In fiscal year 1989-90, the City of Tustin's adjusted cost for animal control and shelter services was $83,305. The 1990-91 projected cost of $93,504 is included in the draft 1990-91 budget. Under terms of the agreement,.the cost can be adjusted up or down depending upon the cost of services -.actually provided by the County. Discussion: Staff feels the only practical option at this point is to contract with the County for animal control and shelter services. Some cities do provide the service but most have opted to stay with the County because they feel it is more cost effective to have one agency provide the services on a regional basis. There are, however, issues that need to be resolved regarding the basis for computing the cost to the cities. The County has made progress in developing an accurate cost allocation system to ensure that each City is paying its fair share. The agreement provides that an advisory board, consisting of city and County representatives, will be created to advise the Animal Control Department on operations matters (level of service required, etc.) and to assess cost recovery options for future years (raise user fees, etc.) ANIMAL CONTROL AND SHELTER SERVICES June 12, 1990 Page 2 It is important to keep in mind that the County has no legal obligation to provide animal control and shelter services to the cities. By its nature, animal control is an expensive operation and is more efficient when economies of scale can be realized. Staff feels the City should continue to contract with the County and work with the County and other cities in making the animal control operation as efficient and effective as possible. 303.wah AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES THIS AGREEMENT, entered into this 1st day of July 1990, 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." WITNESSETH: WHEREAS, CITY is desirous of contracting with COUNTY for the performance of the hereinafter described animal control and animal shelter services through COUNTY'S Health Officer; 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 commence on July 1, 1990 and terminate June 30, 1991. B. The term of this Agreement may be extended for up to one hundred and twenty (120) days under the terms and conditions specified herein. Either party may give notice to the other, in writing, that such extension is desired; provided, however, notice must be given no later than May 31, 1991. This Agreement shall thereby be extended unless the request to extend is rejected, in writing, no later than ten (10) days after it is given. 1 2. TERMINATION A. Either party may terminate this Agreement upon ninety (90) days written notice to the other party, or as otherwise provided for in this Agreement. B. The CITY shall notify the COUNTY 90 days in advance of agreement renewal date if it will not be renewing this agreement. 3. SERVICES A. COUNTY agrees, under the direction of Health Officer of COUNTY to provide animal control services within the corporate limits of CITY. 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 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. B. COUNTY shall furnish and supply all necessary labor, supervision, equipment, and supplies to provide the services described in this Agreement. In all instances wherein special supplies, stationary, notices, forms and the like are issued in the name of CITY, the same shall be supplied by CITY at its own expense. C. The method by which services are provided, the standard of performance, any other matters incidental to the performance of such services, and the control of personnel so employed, shall be determined by COUNTY. In the event of a dispute between the parties as to the extent of the duties and functions to be provided hereunder, or the level and manner of performance of such services, the parties shall meet in good faith to resolve their 2 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 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, 3 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 s'o by COUNTY Health Officer. 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. B. PAYMENT METH OD - (1) In consideration for the animal control and shelter services provided by COUNTY during the term of this Agreement, CITY shall make a FY 1990-91 Provisional Payment to COUNTY in the amount of $93,504 adjusted by a FY 1989-90 debit of $12,939 resulting in a total adjusted Provisional Payment of $106,443. 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, 1990, the second is due December 30, 1990, the third is due March 30, 1991, and the fourth is due June 30, 1991. El ACCONTRC.FORMS (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 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 with Paragraph 1 B. above, CITY shall make monthly provisional payments to COUNTY in an amount equal to one twelfth of the amount shown in 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. 5 (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 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. 2 E. ADJUSTMENTS TO PROVISIONAL PAYMENT - (1) CITY'S combined Actual Costs of Animal Control Field 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, then 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 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 June 30, 1992. 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 7 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 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 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. 11. INDEMNIFICATION A. That neither COUNTY nor any officer of employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), including attorneys fees 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. 12. 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: A. To CITY: City Manager City of Tustin 300 Centennial Way Tustin, CA 92680 E B. To COUNTY: Health Officer County of Orange 515 N. Sycamore Santa Ana, CA 92701 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. 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. DATED: DATED: DATED: DATED: DATED: DATED: 11 ACCONTRC.FORMS By Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD LINDA D. RUTH Clerk of the Board of Supervisors of the County of Orange, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL CITY OF Tustin a municipal corporation BY ATTEST: By APPROVED AS TO FORM: By City Attorney