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HomeMy WebLinkAboutCC 14 ANIMAL CNTL AG 06-19-89 CONSENT CALENDAR Inter-Corn WILLIAH HUSTON, cITy. MANAGER FRED WAKEFIELD, ACTING CHIEF OF POLICE AGREEMENT - ANIMAL CONTROL AND SHELTER SERVICES TO: FROM: S UBJ ECT: Recommendation The City Council authorize the City Manager to execute an Agreement for Animal Control and Shelter Services at a cost of $70,366 for fiscal year 1989-90. Background On May 23, 1989, the Board of Supervisors approved the attached Agreement by which the 'County will provide animal control and animal shelter services for incorporated cities. The existing contract with the County for animal control/animal shelt%r services terminates on June 30, 1989. The new agreement contains the provisional cost estimate for services for the period July 1,~989, through June 30, 1990, o~ $70,366. The cost is based on'the County's proposed budget for fiscal year 1989-90 for animal control and shelter. This 'cost estimate will be subject to adjustment at year's end based on actual expenditures, usage of the animal contF61 field and shelter services, and total revenues generated by the City of Tustin for animal services during fiscal year 1989-90. ' The agreement has been reviewed by the City Attorney, who-has found it to be acceptable in its current form. Monies for these services are included in the City of Tusttn 1989-90 budget proposal. Respectfully submitted, FRED WAKEFIELD Acting Chief of Police FW:kh Attachment AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES THIS AGREEMENT, entered into this Zst day of 3u~ 1989, 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"i and the CITY OF TUST~N , '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.~w, illing 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, 1989 and terminate June 30, 1990. 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, 1990. This Agreement shall ACS5a thereby be extended unless the reque~,t to extend is rejected, in writing, no later than ten (10) days after it is given. 2. TERMINATION Either party may terminate this Agreement upon ninety (90) days written notice to the other party, or as otherwise provided for in this Agreement. 3. ~ERVICES 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 o.f 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 ex. pense. 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 ACS5a ,. 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 the prescribed notices and use~_bumane 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 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. ACS5a 5. CONFORMITY OF LAWS OR REGULATIONS 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 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 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 ap'pry 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 METHOD- (1) In consideration for the animal control and shelter services provided 'by COUNTY during the term of this Agreement, CITY shall make a Provisional Payment to COUNTY in the amount of $ 7o,366 . This payment shall be adjusted as described in Paragraph 6 E. below. 4 ACS5a ACS5a (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, 1989, the second is due December 31, 1989, the third is due March 31, 1989, and the fourth is due June 30,1989. (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 I 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. ACS5a 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'~ 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 pro.viding 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. ACS5a D. FEE REVENUE- (1) COUNTY shall have all powers of CITY and shall receive all COOl~eration 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 records 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 Field Services, Animal Control Special Services and Animal 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, 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 control and shelter services. · (3) If the Net Cost of Service is greater than the Provisional Payment amount indicated in ~aragraph 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 ~r before, June-30, 1991. 7. MUNICIPAL SERVICES ADVISORY BOARD The parties agree that there shall be a MUnicipal· Services Advisory Board to advise the Director of Animal Control on financial and operational matters and to assess cost recovery · options for future years. The Municipal Services Advisory Board shall be made up of seven members, four members appointed by the Orange County League of Cities and three members appointed by COJNT?. 8. ~ All records created or received by COUNTY in accordance with this Agreement shall be COUNTY records. County agrees to keep 8 ACS5a 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 this 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 sul~ject matter of this .Agreement, and shall constitute the total Agreement between .the parties for these purposes. No addison 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 That neither COUNTY nor any officer or employee Ae 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 ACS5a injury (as defined by Governm6nt 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 te--COUNTY under this Agreement. 12. ~ ** 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 Unites States mail, certified, and addressed as follows: A. To CITY: City Manager CITY OF TUSTIN 300 Centenn+al Way Tustin, CA 92680 ACS5a 10 B. To COUNTY: Health Officer · County of Orange 515 N. Sycamore Santa 'Ana, CA 92701 IN WITNESS WHEREOF, the CITY of ~:UST[N 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 affixed thereto III III III III III III III III III III III III III III III III ACS5a and attested by the Clerk of said Board, all on the day and year first above written. IN WITNESS* WHEREOF, the-parties hereto have executed this Agreement. DATED: . By Chairman, Board of Supervisors DATED: SIGNED AND CERTIFIED THAT A COPY OF THIS [:X3C, UMENT HAS BEEN DEUVERED TO THE CHAIRMAN OF THE BOARD DATED: LINDA O. RUTH Clerk of the Board of Supervisors Of the County of Orange, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL DATED: CITY OF TUSTIN a municipal cor. poration By DATED: ATTEST: By City Clerk ACS5a