HomeMy WebLinkAbout07 ANIMAL CNTL SHELTER 09-18-00'AGENDA
RE' )RT
NQ. 7
09-18-00
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MEETING DATE: SEPTEMBER 18, 2000
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
RONALD A. NAULT, FINANCE DIRECTOR
ANIMAL CONTROL/SHELTER CONTRACT FOR FISCAL YEAR 2000/2001
SUMMARY: [I
Control/Shelter contract with the Orange County Health Agency in the provisional amount of
$111,832.
The City Council is requested to approve the Fiscal Year 2000/2001 Animal
RECOMMENDATION'
Authorize the Mayor to sign the Animal Control/Shelter agreement for Fiscal Year 2000/2001 in
the amount of $111,832.
FISCAL IMPACT:
The 2000/2001 Budget approved on August 7, 2000 includes $150,380 that was estimated for
Animal Control services for the fiscal year. There will be a budget savings of $38,548.
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. The revised method utilizes a
current budget estimate, or provisional payment, 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 new contract cost.
DISCUSSION'
The proposed 2000/2001 Animal Control/Shelter contract cost of $111,832 is a decrease of
15% from the 1999/2000 contract of $131,773. For fiscal 2000/2001 the Animal Care Services
budget will increase by $1.05 million, split between a one time cost of $650,000 in capital
improvements and program start-up costs and $400,000 in ongoing expenses for new programs
and salary adjustments.
Ronald A. Nault
Finance Director
Attachment
RAN:AnimalControl2000StaffReport.doc
COUNTY OF ORANGE
HEALTH CARE AGENCY
JUUETTE A. POULSON, RN, MN
INTERIM DIRECTOR
MIKE SPURGEON
DEPUTY AGENCY DIRECTOR
REGULATORY HEALTH SERVICES
HAL MALONEY
REGULATORY HEALTH SERVICES, ~NTER~M D~RECTOR
ANIMAL CARE SERVICES F_(ZF_IVED
ANIMAL CARE SERVICES
MAILING ADDRESS:
S E P 0 5 Z000 1THEoRANGECrTY DRIVEcASOUTH92868
TELEPHONE: (714)93,5-.6848
AT.i N FAX: (714)935-6373
A D M I N I ST R
August 3 l, 2000
Mr. William A. Huston, City Manager
City of Tustin
300 Centennial Way
Tustirg CA 92780
SUBJECT: Animal Care Services Fiscal Year 2000-2001 Contract
Dear Mr. Huston:
Enclosed is the Animal Care Services Fiscal Year 2000-01 contract (three originals) for your city. The contract
includes the dollar amounts that were listed on Attachment E of our previous letter dated July 10, 2000. Although
faced w/th several challenges this past year, the Animal Care Services program continues to provide a challenging
and important service for your city residents in a cost effective and quality manner.
Additional Costs to Program
There is a total Program net cost increase of $1.05 million over the FY 1999-00 net cost budget, primarily
due to three factors: feline distemper disease control measures, necessary operational improvements, and a
salary cost of living allowance. To address a serious animal health issue, the Animal Care Facility
implemented a feline distemper control program, which required new vaccines, facility changes, and
increased staffing. Operational improvements include the development and implementation of a new website
for pet adoptions, which will significantly improve services to your residents. Additionally, administrative
enhancements were implemented to improve community relations and to focus upon operational
management issues. The additional cost is offset by a credit of $134,000 for the FY 1998-99 final payment
adjustment.
The total additional costs are actually $1.6 million; however, to reduce the impact on the cities' budgets, the
County, on a one-time basis will absorb approximately $0.6 million of the additional costs which
contractually could be allocated to the cities in FY 2000-01. This decision was in response to a request from
the City Manager's Financial and Operational Advisory Board on April 12, 2000. The County will absorb a
large portion of the additional costs related to enhanced administration (approximately $100,000), the
majority of website development and operational costs, and a large portion of increased indirect costs. The
County will also reduce several of the FY 2000-01 budget line items and defer the purchase of three new
vehicles.
Animal Care Services Contract
Page Two
Individual Cities' Costs
Attachment 1 compares the FY 1999-00 contract provisional payment amount to the FY 2000-01 amount for each
city. The total combined city contract amounts have inere~ed by $800,000 or 26.6%. As is always the case,
however, based on the terms of the contract, which contains a methodology that was requested and set up by the
City Manager's Advisory Board, the amount of increase or decrease for individual cities depends upon each city's
individual usage of Program services relative to the usage by all other cities, and the amount of fee revenue
generated fi'om animals identified with the city.
Each participating city's contract amount is determined by the following factors:
. The level of usage of Program services by each city determines the percentage of costs allocated to
that city. For example, if the city receives 15% of the services provided in a year, then the city is
responsible for 15% of the costs for that year.
The fee revenue generated in each participating city is used to offset the costs of services provided to the
city. Dog licenses and other fee revenues are used to offset part of the costs.
For those cities whose percentage increase to the FY 2000-01 contract amount is significantly greater than the
average increase for all of the cities combined, Attachment 2 is provided, which reflects the reasons for the
individual city's increase.
Cost Distribution Methodolot-v
While this year a particular city may have an increase in its proportionate share of the Program net cost, in
previous years there may have been decreases to the share, resulting in credits while other cities received
debits. These fluctuations in utilization rates and fee revenues result in fluctuations in contract amounts from
year to year. The Animal Control Financial and Operational Advisory Board has recently requested that
alternatives to this cost distribution method, including a population basis, be evaluated for future contracts.
The intent is to simplify the contract budget allocation process and to reduce the amount of fluctuation in the
individual city contract amounts from year to year.
Financial and Operational Advisory Board
Over the past five months we have met five times with the Financial and Operational Advisory Board to
discuss the Program cost increases which has resulted in reductions to the costs being allocated to the cities.
In the upcoming year we are committed to meeting in partnership with this Advisory Board monthly to
discuss fiscal and operational issues. I have enclosed a letter from the city managers who are your
representatives on the Advisory Board, regarding the FY 2000-01 contract budget and process.
Animal Care Services Contract
Page Three
FY 2000-01 Contract Timeframes
Although the contract approval process has extended beyond June 30, 2000, there will be no disruption in
service due to the automatic six-month extension provision in the FY 1999-00 contract. By signing the
attached contract, services will continue through June 30, 2001. Should your city decide not to renew the
contract for the following year (FY 2001-2002), the County of Orange, Health Care Agency must receive
notice by December 31, 2000.
Please obtain the signatures of your Mayor, City Clerk, and City Attorney on each of the three attached
original contracts and return them within four weeks to Hal Maloney, Interim Director, County of Orange
Animal Care Services Program, at 561 The City Drive South, Orange, CA 92868.
If you have any questions regarding the Animal Care Services Program operations or services, please call Hal
Maloney at (714) 935-7107. If you have questions regarding the contract budget dollar amounts, please call
David Riley, Chief Financial Officer of the Health Care Agency, at (714) 834-4422. Also, County staff are
available to meet with individual cities that are receiving significant contract increases, upon your request, to
discuss any concerns you may have.
Mike Spurgeon
Deputy Agency irector
Regulatory Health Services
Enclosures
DR:gvq
CC:
Bill Mahoney, Interim Assistant CEO of Strategic and Intergovernmental Affairs
Juliette A. Poulson, RN, MN, Interim Director, Health Care Agency
David L. Riley, Chief Financial Officer, Health Care Agency
Hal Maloney, Interim Director, Animal Care Services
Th~ People ere ~he
Mayor
MICHAEL L. MAERTZWEILER
City Administrator
ROBERT D'AMATO
401 East Chapman Avenue- Placentla, California 92870
Augu...st 25, 2000
Councilmernbers:
NORMAN Z. ECKENRODE
CHRIS LOWE
MARIA MORENO
CONSTANCE UNDERHILL
RECEIVED
AU0 2 9 2000
FINANCIAUAOMINISTRATIVE SVC&
TO:
FROM:
CITY MANAGERS
BOB D'AMATO, CITY OF PLACENTIA
ON BEHALF OF THE CONTRACT CiTiES REPRESENTAT. IVES
SUBJECT: ANIMAL CARE SERVICES CONTRACTS FY 2000/2001
Your representatives on the Animal Control Financial and Operational Advisory Board met with County Animal
Control staff in Apdl, May, June, and July to discuss the Program's increased costs and the FY 2000-2001
contracts. Although we are concerned with the increased costs to the Program, it appears that the process that
has been used to identify and allocate costs is in accordance with the terms of the current agreement.
Durin. g the past four months, our goal with the County has been to reduce the costs being allocated to
the cities. At our request, the County has made a good faith and significant effort toward this end, and
as a result will absorb, on a one-time basis, approximately $0.6 million of Animal Care Services costs
.
in its own Health Care Agency budget. These costs otherwise would have been allocated to the cities
under the terms of the agreement.
The County Animal Care Services Program, even with the increased costs, continues to provide a
necessary service for the contract cities. Having a single program, benefits the cities through
economies of scale. Due to fixed costs, any cities dropping out of the Program will cause an increase
in costs to the remaining contract cities.
o
The County is asking that you sign and return the FY 2000-2001 contrac~ts, which will be sent out in
late August. Once the contracts for this fiscal year are .established, we will be working on several
cd, er important issues including: establishing long-term agreements i'or operations and capital
expenses, relocating the animal care center facility, evaluating alternative governance structures, and
reviewing the cost allocation method in order to reduce the wide fluctuations in annual costs.
Should you have any questions, please feel free to contact me at 714/993-8117 or any of the other
City Managers on the Advisory Board (see below).
Thank you for your patience during this contract budget process. A meeting of those managers who
participate in the County Animal Care Services Program will be held in early September. to discuss
these issues further and County staff will be available to participate in these discussions;
Robert D'Amato
RD/jld
CC:
City Manager Representatives:
Fred Maley, Villa Park ,, ~, Ready Kromer, Fountain Valley
George Scarborough, San Juan Capistra~'~ Recy~ed ~erry Mat. z, Stanton
ATI'ACHMENT 1
COMPARISON OF CITY ADJ_U_S_.T_E~ PROVISIONAL PAYMENT
FY 1999-00 AND FY 2000-01
#1 #2 #3 #4
FY 1999-00 FY 2000-01 AMOUNT OF
· , CITY CITY CHANGE
ADJUSTED ADJUSTED FY 1999-00
PROVISIONAL PROVISIONAL TO PERCENT
CITY PAYMENT PAYMENT FY 2000-01 CHANGE
*.
(Col 2 - Col 1)
ANAHEIM $541,570 $787,679 $246,109 45.44%
BREA 64,324 60,665 (3,659) -5.69%
CYPRESS $81,737 $124,622 42,885 52.47%
FOUNTAIN VALLEY ' 114,1361.19,421 ' 5,285 4.63%
.
FU LLERTON $258,936 $319,986 61,050 23.58%
GARDEN .GROVE 423,807 507,485 .83,678 19.74%
HUNTING. BEACH $341,772 $426,315 84,543 24.74%
LA PALMA.'.. ~¥ ..16,721 · 3,422 .... (13,299) -79.53%
LAGUNA HILLS $102,027 $105,283 3,256 3.19%
LAGUNA WOODS '~ 25,480 (.!3,250) (38,730) - 152.00%
LAKE FOREST $112,086 $132,648 20,562 18.34%
LOS ALAMITOS ........ 29,430 -~ : 57~925; .-.'-.:- ' 28,'495 .96.82%
ORANGE $335,400 $470,414 135,014 40.25%
PLACENTIA ::~· ... '~,~i: . 83,7.52 . :~ ..'~' ',.-:57,8.64~ . .i .. ~':.~ (25;8~8) ' ' -3.0.91%
RCHO. SANTA. MARG. $0 $72,563 72,563 0.00%
._ ..... ...... ..: ..... ,~..:.: ...... ;__~::::.~.~::..~. . .::...:..-:... ~79,01.9.::
SAN JUAN'CAP..-::':.'.' ~'.' '~':':'""':'::~'~2;':i"~'i'~: '""'¢"~'~:":"':'"'~:'"-~ ..... ~'
STANTON $53,772 $85,254 32,492 50.4~°/o
TUSTIN. --'' 131,7'73. 11 i",'832 (19,94.1) -:.15:13%
VILLA PARK $13,878 $13,071 (807) -5.81%
YORBA LINDA 97,250 '108,118 10,868 11.18%
LA HABRA $47,314 $75,559 28,245 59.70%
Buena Park 45,318 95,667. 50,349 111.10%
CONTRACT
CITY TOTAL $3,002,644 $3,802,572 $799,928 26.64%
UNINCORPORATED
COUNTY TOTAL $406,180 $502,928 96,748 23.82%
TOTAL $3,408,824 $4,305,500 $896,676 26.30%
Note: Rancho Santa Marg. (RSM) Is a new contract city, that was formerly part of the Uninc. County.
Had RSM stayed in Uninc. County, the Uninc. County would have an increase of $169,311 or 41.68%,
and the Contract City total would have an increase of $727,365 or 24.22%.
EST 2000-01 CITY COSTS / Analysis 7/24/00
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AGREEMENT FOR PROVISION OF
ANIMAL CARE SERVICES
BETWEEN
COUNTY OF ORANGE
CITY OF TUSTIN
FISCAL YEAR 2000- 2001
THIS AGREEMENT entered into this 1 st day of July, 2000, which date is enumerated for purposes
of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State of
California (COUNTY) and the CITY OF TUSTIN, a municipal nonprofit corporation (CITY). This
Agreement shall be administered by the County of Orange Health Care Agency (ADMINISTRATOR).
WITNESSETH:
WHEREAS, CITY wishes to contract with COUNTY for the provision of the Animal Care Services
described herein; and
WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions
hereinafter set forth:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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Io
II.
111.
IV.
V.
VI.
VII.
VIII.
IX.
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IV.
V.
PARAGRAPH
CONTENTS
PAGE
Title Page .................................................................................................................................
Contents ...................................................................................................................................
Referenced Contract Provisions ..............................................................................................
Alteration of Terms .................................................................................................................
Indemnification ........................................................................................................................
Notices .....................................................................................................................................
Severability ....................................................................................................... : ......................
Status of the Parties .................................................................................................................
Termination .............................................................................................................................
Third Party Beneficiary ...........................................................................................................
Waiver of Default or Breach ...................................................................................................
Signature Page .........................................................................................................................
EXHIBIT A
Conformity of Laws or Regulations ........................................................................................
Financial/Operational Advisory Board ...................................................................................
Payments ..................................................................................................................................
Records ....................................................................................................................................
Services to be Provided by County .........................................................................................
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REFERENCED CONTRACT PROVISIONS
Tern: July 1, 2000 through June 30, 2001
Notices to COUNTY and CITY:
COUNTY:
County of Orange
Health Care Agency
Deputy Agency Director for Regulatory Health Services
515 North Sycamore, 6th Floor
Santa Ana, CA 92701
CITY:
Mr. Dave Halloway
City of Tustin
Code Enforcement Officer
300 Centennial Way
Tustin, CA 92780
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'I. ALTERATION OF TERMS
This Agreement fully expresses all understanding 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, whether written or verbal, shall
be valid unless made in writing and formally approved and executed by both parties.
II. INDEMNIFICATION
A. 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, authority or jurisdiction delegated to CITY under this Agreement. It is also understood
and agreed to 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 in 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. 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.
III. NOTICES
A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements
authorized or required by this Agreement shall be effective:
1. When written and deposited in the United States mail, first class postage prepaid and
addressed as specified on Page 3 of this Agreement; or 2. When faxed, transmission confirmed; or
3. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel
Service, or other expedited delivery service.
B. Termination Notices shall be addressed as specified on Page '3 of this Agreement and shall be
effective when faxed, transmission confirmed, or when accepted by U.S. Postal Service Express Mail,
Federal Express, United Parcel Service, or other expedited delivery service.
C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming
aware of any occurrence of a serious nature which may expose either party to liability. Such occurrences
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shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any
County property in possession of CITY.
D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by
ADMINISTRATOR.
IV. SEVERABILITY
If a court of competent jurisdiction declares any provision of this Agreement or application thereof
to any person or circumstances to be invalid or if any provision of this Agreement contravenes any
Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or
the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain
in full force and effect, and to that extent the provisions of this Agreement are severable.
V. STATUS OF THE PARTIES
COUNTY shall at all times be deemed to be an independent contractor and shall be wholly
responsible for the manner in which it performs its duties under this Agreement. Nothing herein
contained shall be construed as creating the relationship of employer and employee, or principal and
agent, between CITY and COUNTY or any of their respective agents, subcontractors, or employees.
COUNTY assumes exclusively the responsibility for the acts of its employees. COUNTY and its
employees shall not be entitled to any rights and/or privileges of CITY employees, and shall not be
considered in any manner to be CITY'S employees. Likewise, CITY assumes exclusively the
responsibility for the acts of its employees, and they shall not be considered in any manner to be
COUNTY'S employees.
VI. TERM
A. The term of this Agreement shall commence and terminate as specified on Page 3 of this
Agreement, unless otherwise sooner terminated as provided in this Agreement; provided, however,
COUNTY shall be obligated to perform such duties as would normally extend beyond this term,
including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting
and accounting.
B. The term of this Agreement shall be automatically extended for a 180-day period through
December 31,2001, if a successor Agreement between the parties is not in force by July 1,2001, and no
notice of non-renewal has been given by either CITY or COUNTY in accordance with the Termination
paragraph of this Agreement.
C. If either party determines not to renew this Agreement, a minimum of six (6) months' written
notice shall be given to the other party.
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VII. 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, 2000.
B. Any obligation of COUNTY under this agreement is contingent upon the following:
1. Inclusion of sufficient funding for the services hereunder in the applicable budgets approved
by the Board of Supervisors.
2. In the event such funding is subsequently reduced or terminated, COUNTY may terminate
this agreement upon thirty (30) days written notice given to CITY.
VIII. THIRD PARTY BENEFICIARY
Neither party hereto intends that this Agreement shall create rights hereunder in third parties
including, but not limited to, any subcontractors or any clients provided services hereunder.
IX. WAIVER OF DEFAULT OR BREACH
Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any
breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach.
Waiver of any default or any breach shall not be considered a modification of the terms of this
Agreement.
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 the said Board to be affixed thereto and attested by the Clerk of
said Board.
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IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
State of California.
COUNTY OF ORANGE
CITY OF TUSTIN
a municipal corporation
BY:
Chairman of the Board of Supervisors
BY:
MAYOR
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
ATTEST:
DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California
Date
CITY cLERK
Date
APPROVED AS TO FORM
LAURENCE M. WATSON, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
APPROVED AS TO FORM:
CITY ATTORNEY
DEPUTY ! D/~
BY:
Date
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EXHIBIT A
TO AGREEMENT WITH
CITY OF TUSTIN
ANIMAL CARE SERVICES
FISCAL YEAR 2000-2001
I. 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, 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'S Health Care Agency Director or designee.
B. If CITY is considering adopting an ordinance and requesting its enforcement by COUNTY,
COUNTY'S Health Care Agency Director or designee 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 COUNTY'S Health Care Agency Director or
designee. The manner and extent to which services are provided in response to such a request shall be
determined by COUNTY'S Health Care Agency Director or designee and will only be provided if the
cost of such services can be delineated and accommodated under the provisions of the Payments
Paragraph of Exhibit A to this Agreement.
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 COUNTY'S Health Care Agency Director or designee. Such requests will only be
considered provided they are not in conflict with State statutes or do not endanger the public health.
COUNTY'S Health Care Agency Director or designee, acting on behalf of COUNTY, may use
discretion and need not request CITY to adopt amendments which do not apply to CITY.
II. FINANCIAL/OPERATIONAL ADVISORY BOARD
The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY'S
Director of Animal Care Services 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 (7)
members, four (4) members appointed by the Orange County League of Cities and three (3) members
appointed by COLrNTY.
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III. PAYMENTS
A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual costs of providing Animal
Care Services.
B. PAYMENT METHOD
1. In consideration for the Ani.mal Care Services provided by COUNTY during the term of
this Ag~'eement, CITY shall make a Fiscal Year (FY) 2000-01 Provisional Payment to COUNTY in the
amount of $122,159. This payment forFY 2000-01 services shall be adjusted by a FY 1999-00 credit of
$279, 'and further adjusted by a final FY 1998-99 credit of $10,048, resulting in a total adjusted
Provisional Payment of $111,832. This payment shall be adjusted as described in subparagraph III.E.,
below.
2. The Provisional Payment shall be paid to COUNTY in four (4) installments, each equal to
twenty-five percent (25%) of the total combined adjusted Provisional Payment. The first installment is
due September 30, 2000, the second is due December 30, 2000, the third is due March 30, 2001, and the
fourth is due June 30, 2001.
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 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 COUNTY,
or any liability other than provided for in the 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 the Term paragraph of this
Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to one
twelfth (1/12) of the FY 2000-01 adjusted Provisional Payment amounts shown in subparagraph 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 Animal Care Services provided to CITY during the term of this Agreement.
2. CITY's Actual Cost of Animal Care 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 Care Field Services within COUNTY.
3. crrY's Actual Cost of Animal Care 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 Care Special Services within
COUNTY.
4. CITY'S Actual Cost of Animal Care Shelter Services shall be determined by applying the
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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 Care Shelter Services within COUNTY. An
animal charge day is defined 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 Care Services described in subparagraph III.E. below.
E. ADJUSTMENTS TO PROVISIONAL PAYMENT
1. CITY'S Combined Actual Costs of Animal Care Services, as described above, shall be
reduced by the total amount of license and other fee revenue generated from CITY, as described in
subparagraph III.D. above, t0 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
subparagraph m.B.1, above, then COUNTY shall credit the difference to CITY. COUNTY agrees to
refund the difference if CITY does not enter into a subsequent agreement with COUNTY for Animal
Care Services.
3. If the Net Cost of Service is greater than the Provisional Payment amount indicated in
subparagraph m.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 Animal Care Services, and
to credit or refund any overpayment by CITY, or invoice CITY for the additional amount owed by
CITY, on or before December 31, 2001.
IV. 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 and records shall be open for eXamination by CITY at
all reasonable times.
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V. SERVICES TO BE PROVIDED BY COUNTY
A. COUNTY agrees, under the direction of COUNTY'S Health Care Agency Director or designee,
to provide Animal Care 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
shall not be obligated to enforce any ordinances adopted by CITY except those adopted in compliance
with Paragraph II of this Agreement. The level of Animal Care 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. ANIMAL CARE FIELD SERVICES
a. Animal Care 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 shall be answered between 8:00 a.m. and 5:00 p.m. every day, except holidays;
lines shall be 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 contacts to give information or advice regarding wildlife
or other animal concerns, not to include wildlife eradication or relocation services.
b. 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. ANIIVL~L CARE SPECIAL SERVICES (Pet and Facility Licensing)
a. In keeping with Public Health laws which require the rabies vaccination and licensing
of all dogs over four (4) months old, COUNTY shall canvass every residence within the CITY
approximately every twenty (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
Agreement prohibits other methods for the sale of dog licenses by CITY or COUNTY.
b. All animal-related businesses in the jurisdiction shall be inspected twice each year and
in response to any complaints received to assure that facilities meet required standards. Appropriate
notification shall be ~ven 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
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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.
c. Low cost vaccination clinics, coordinated by Animal Care staff, will be held throughout
the year in various locations in the County in cooperation with the Veterinary Association.
3. ANIMAL CARE SHELTER SERVICES
a. Shelter shall receive animals from the public 365 days a year from 7:00 a.m. until 11:00
p.m. Stray animals shall be accepted without charge. Owners who release their .animals will be charged
a fee. The Shelter shall be open to the public to locate lost pets or for pet adoption during hours
designated by COUNTY. A low cost vaccination clinic will be held the first Tuesday of each month, or
at such other time as designated by COUNTY, at the Shelter.
b. The Shelter shall retain dogs, cats and all other impounded animals in accordance with
state law. 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.
c. If CITY wishes to request additional retention days for healthy, non-aggressive animals
impounded within CITY such services may be requested in writing with sixty (60) days advance notice.
Such service will be provided to CITY upon written approval of COUNTY'S Health Care Agency
Director or designee. 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 the Payments paragraph of
Exhibit A to this Agreement.
d Veterinary services shall be available seven days a week. Veterinary staff shall perform
required euthanasia by lethal injection. Necropsies shall 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.
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
COUNTY'S Health Care Agency Director or designee shall be final.
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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.
G. 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 COUNTY and at COUNTY'S usual and customary
charges for such housing.
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