HomeMy WebLinkAbout10 ANIMAL CARE SVCS AG 11-01-04
AGENDA REPORT
Agenda Item
Reweweæ ~
City Manager
Finance Director
10
MEETING DATE: NOVEMBER 1, 2004
TO:
WilLIAM A. HUSTON, CITY MANAGER
FROM:
RONALD A. NAULT, FINANCE DIRECTOR
SUBJECT:
ANIMAL CARE SERVICES AGREEMENT FOR FISCAL YEAR 2004-2005
SUMMARY:
The City Council is requested to approve the Fiscal Year 2004-2005 Animal Care
Services contract with the Orange County Health Care Agency in the provisional
amount of $130,767.
RECOMMENDATION:
Authorize the Mayor to sign the Animal Care Services agreement for Fiscal Year
2004-2005 in the amount of $130,767.
FISCAL IMPACT:
The 2004-2005 Budget approved on July 6, 2004 includes $128,000 that was estimated
for Animal Control services for the fiscal year. The actual contract of $130,767 is
$2,767 more than the budgeted amount.
BACKGROUND:
The City has historically contracted with the County of Orange to provide Animal Control
and Shelter Services. During fiscal 1989-1990 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 current contract cost. This methodology was intended to smooth out the peaks
and valleys from year to year as prior year actuals are reconciled against the previous
year's estimated actual.
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DISCUSSION:
The original estimate of $128,000 for the 2004-2005 contract cost was a verbal estimate
received from County Animal Care Services staff, based on Tustin's provisional cost of
$128,293 for fiscal 2003-2004. The County clarified that they did not take into
consideration any credit or debit adjustments for 2003-2004 we would receive that
would net against the provisional estimate.
Please see Attachment E for the County breakdown of the annual budget and Tustin's
proportional share. Column #3 is the base budget allocated for 2004-2005 to the
member agencies. The allocation is based on the average adjusted budget share for
the prior three years. Columns #1 and #2 are the adjusted share based on the previous
second quarter cost study, and Column #4 is the City's share of the adjusted net field
services, special services and shelter services for fiscal 2002-03. Column #5 is the final
cost to the City for the current year net of the actual adjustments from Columns #2 and
#4.
The adjusted provisional 2004-2005 Animal Care Services contract cost of $130,767 is
an increase of $14,883 over the 2003-2004 contract cost of $115,884. For fiscal 2004-
2005 the total County Animal Care Services budget will increase by $590,494:
personnel costs are estimated to increase by $278,553 and services and supplies by
$136,849. Tustin is allocated 3.2% of the base budget for fiscal 2004-2005. Actual fees
collected from Tustin from prior years are used to offset the "provisional" cost
retroactively. Actual Tustin collections from prior periods exceeded County estimates
by the $2 847 reflected in our adjusted "provisional" contract amount.
Attachments
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AGREEMENT FOR PROVISION OF
ANIMAL CARE SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF TUSTIN
FISCAL YEAR 2004 - 2005
THIS AGREEMENT entered into this 1st day of July, 2004, 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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CONTENTS
PARAGRAPH
Title Page......................................................."""""""""""""""""""""""""""""'".............
Contents """""""""""""""""""""""""""""".......................................................................
Referenced Contract Provisions..............................................................................................
I. Alteration of Terms .................................................................................................................
II. Indemnification........................................................................................................................
ill. Notices """""""""""""""""""""""""""".............................................................................
N. Severability ..............................................................................................................................
V. Status of the Parties .................................................................................................................
VI. Term.........................................................................................................................................
VII. Termination .............................................................................................................................
VID. Third Party Beneficiary ...........................................................................................................
IX. Waiver of Default or Breach """"""""""""""""""""""""""""""""""""""""""""""""'"
Signature Page .........................................................................................................................
EXHIBIT A
I. Conformity of Laws or Regulations.............................................""""""""""""""""""""'"
II. Financial/Operational Advisory Board ...................................................................................
ill. Payments..................................................................................................................................
IV. Records ....................................................................................................................................
V. Reports.....................................................................................................................................
VI. Services to be Provided by County.........................................................................................
EXHIBIT B
Confidentiality Agreement ..............................................................................................1 Page
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REFERENCED CONTRACT PROVISIONS
Term: July 1, 2004 through June 30, 2005
Notices to COUNTY and CITY:
COUNTY:
County of Orange
Health Care Agency
Deputy Agency Director for Regulatory Health Services
405 West 5th Street, 7th Floor
Santa Ana, CA 92701-4637
and
County of Orange
Health Care Agency
Contract Development and Management
405 West 5th Street, Suite 600
Santa Ana, CA 92701-4637
CITY:
William A. Huston
City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
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I. ALTERATION OF TERMS
This Agreement, together with Exhibits A and B attached hereto and incorporated herein by
reference, 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 otherwise directed by ADMINISTRATOR; or
2. When faxed, transmission confirmed;
3. When sent by electronic mail; or
4. 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 or otherwise
directed by ADMINISTRATOR and shall be effective when faxed, transmission confirmed, or when
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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
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, 2005, if a successor Agreement between the parties is not in force by July 1, 2005, and no
notice of non-renewal has been given by either CITY or COUNTY in accordance with the Termination
paragraph of this Agreement.
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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.
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, 2004.
B. Any obligation of COUNTY under this agreement is contingent upon the following:
I. 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
State of California.
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12 CITY OF TUSTIN
13 a municipal corporation
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16 BY:
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COUNTY OF ORANGE
BY'~ a ~
JULIE1'TB A. POULSON, RN, MN
DIRECTOR, HEALlH CARE AGENCY
q 13J!/~
. I
Dste
MAYOR
Date
CITY CLERK
Date
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
APPROVED AS TO FORM:
CITY ATTORNEY
BY::d:;v.~
YIÍ5' A,et
,
Date
BY:
Date
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EXHIBIT A
TO AGREEMENT WITH
CITY OF TUSTIN
ANIMAL CARE SERVICES
FISCAL YEAR 2004 - 2005
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 I 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'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 FinanciallOperational 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 COUNTY.
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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 Animal Care Services provided by COUNTY during the term of
this Agreement, CITY shall make a Fiscal Year (FY) 2004-05 Provisional Payment to COUNTY in the
amount of $152,614. This payment for FY 2004-05 services shall be adjusted by a FY 2002 -2003 credit
of $21,847, resulting in a total adjusted Provisional Payment of $130,767. This payment shall be
adjusted as described in subparagraph ill.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, 2004, the second is due December 31,2004, the third is due March 31, 2005, and the
fourth is due June 30, 2005.
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 2004-05 adjusted Provisional Payment amounts shown in
subparagraph ill.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, CITY'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.
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4. CITY'S Actual Cost of Animal Care 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 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 ill-E. below.
E. ADJUSTMENTS TO PROVISIONAL PAYMENT
I. 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, 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
subparagraph ill.B.1. above, then COUNTY shall credit the difference to CITY in a subsequent
agreement with COUNTY for Animal Care Services. 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 ill.B.1. above, then COUNTY shall debit the difference from CITY in a subsequent
agreement with COUNTY for Animal Care Services. If CITY does not enter into a subsequent
agreement, 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 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 31,2005.
IV. RECORDS
All records created or received by COUNTY in connection with the performance of COUNTY
services pursuant to this Agreement are confidential. 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
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shall be open for examination by CITY at all reasonable times. Once each year, COUNTY shall deliver
to CITY only the addresses of each licensed pet upon demand without additional expense or cost to
CITY. Any such information requested which is confidential pursuant to the terms of the Public
Records Act shall be released to CITY pursuant to Government Code section 6254.5(e). Prior to each
disclosure, CITY agrees to complete and rerum to COUNTY a "Confidentiality Agreement" similar to
that set forth in Exhibit B to this Agreement. The parties agree and understand that this procedure is
required by the Public Records Act and necessitated to permit CITY to obtain the information required
for its use, and to allow COUNTY to disclose said information without the risk of waiver of the right to
refuse to disclose such confidential information to others. Upon receipt by COUNTY, the records
requested may be released to the extent COUNTY is in possession of such records, and permitted by
state law to disclose them voluntarily.
V. REPORTS
COUNTY agrees to provide CITY with written progress reports during the term of this Agreement
as follows:
A. SERVICE REPORTS - COUNTY shall provide CITY with annual service reports covering
activities and services performed in the execution of this Agreement no later than October I, 2005.
B. FISCAL REPORTS - COUNTY shall provide CITY with mid-year and annual fiscal reports
covering all income and expenses incurred in the execution of this Agreement no later than
December 31, 2005.
VI. 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 I of Exhibit A to 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;
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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. ANIMAL 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 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 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
II :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
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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 (7) 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, stationery,
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.
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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EXHlliIT B
TO AGREEMENT WITH
CITY OF TUSTIN
ANIMAL CARE SERVICES
FISCAL YEAR 2004 - 2005
CONFIDENTIALITY AGREEMENT
I, the undersigned, am the person in charge of
On behalf of the CITY OF TUSTIN, I hereby agree that any documents provided to the CITY OF
TUSTIN by the Orange County Health Care Agency, Animal Care Services, pertaining to the addresses
of each licensed pet will be kept confidential and will be used only for purposes that are consistent with
existing law.
I authorized the following persons to obtain the information requested:
Name
Title
Dated:
(signature)
(title)
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