HomeMy WebLinkAbout06 ANIMAL CARE SVC 08-01-05
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AGENDA REPORT
Agenda Item ~
Reviewed: I£-
City Manager
Finance Director
MEETING DATE:
AUGUST 1, 2005
FROM:
WilLIAM A. HUSTON, CITY MANAGER
RONALD A. NAULT, FINANCE DIRECTOR
TO:
SUBJECT:
ANIMAL CARE SERVICES AGREEMENT FOR FISCAL YEAR 2005-2006
SUMMARY:
The City Council is requested to approve the Fiscal Year 2005-2006 Animal Care Services
contract with the Orange County Health Care Agency in the provisional amount of $126,321.
RECOMMENDATION:
Authorize the Mayor to sign the Animal Care Services agreement for Fiscal Year
2005-2006 in the amount of $126,321.
FISCAL IMPACT:
The 2005-2006 Budget approved on July 18, 2005 includes $141,000 that was estimated for
Animal Control services for the fiscal year. The actual contract of $126,321 is $14,679 less 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.
DISCUSSION:
The budgeted amount of $141,000 for the 2005-2006 fiscal year was based on a verbal
estimate received from County Animal Care Services staff. See Attachment E for the County
breakdown of the annual budget and Tustin's proportional share. Column #3 is the base budget
allocated for 2005-2006 to each member agency. 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 2003-04. Column #5
is the final cost to the City for the 2005-2006 fiscal year.
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Finance Director
Attachments
u "N"" II(RAN )\AnlmaIConlm 1200 5S!aflReport. doo
Estimated FY 2005-06 City Animal Control and Shelter Costs
ADJUSTED PROVISIONAL PAYMENT FY 2005-06
1 2 3 4 5
FY 2004-05 FY 2004-05 FY 2005-06 FY 2003-04 FY 2005-06
City Projected City Final Adjusted
Provisional Net Cost of Provisional Payment Provisional
Payment Services 1 Payment Adjustment 2 Payment 3
City (CoI3+4)
Anaheim $880,405 $799,860 $981,296 ($131,008) $850;288
Aliso Viejo $82,136 $76,128 $94,520 ($6,265) $88,255
Brea $72,050 $68,766 $75,952 ($14,937) $61,015
Cypress $120,008 $111,922 $121,976 ($19,718) $102,258
Fountain Valley $157,363 $148,122 $172,842 ($22,655) $150,187
Fullerton $369,365 $339,924 $383,542 ($50,772) $332,770
Garden Grove $505,424 $460,565 $528,183 ($79,252) $448,932
Huntington Beach $494,440 $468,673 $487,168 ($73,275) $413,893
La Palma $30,299 $28,255 $34,540 ($5,056) $29,485
Laguna Hills $66,092 $63,913 $61,455 ($12,558) $48,898
Lake Forest $120,513 $116,108 $134,719 ($23,372) $111,347
Orange $405,092 $371,543 $437,671 ($70,873) $366,798
Placentia $89;748 $85,190 $93,267 ($18,298) $74,970
Rancho Santa Margarita $68,447 $66,133 $61,106 ($12,739) $48,367
SanJuan Capistrano $65,359 $61,772 $70,099 ($11,375) $58,725
Santa Ana 4 $402,947 $352,137 $477,029 ($117,644) $359,384
Stanton $77,220 $68,912 $88,795 ($11,371;) $77,419
Tustin $152,614 $140,848 $146,471 ($20,150) $126,321
Villa Park $7;698 $7,999 $6,688 ($3,119) $3,569
Yorba Linda $64,666 $68,004 $77,312 ($28,407) $48,904
La Habra $74.516 $1;3,194 $89,907 ($16,876) $73,032
Buena Park $101,017 $86,361 $121,728 ($20,752 $100,976
CONTRACT
CITY TOTAL $4,407,419 $4,054,331 $4,746,269 ($770,479 $3,975,790
UNINCORPORATED
COUNTY TOTAL $255,249 $237,624 $301,876 ($53,309) $248,567
TOTAL $4,662,668 $4,291,955 $5,048,144 ($823,788) $4,224,357
Attachment E
1 Based on FY 2004-05 2nd Quarter Cost Study statistics.
2 CrediVDebit reflected in FY 03/04 4th atr Cost Study. Attachment A.
3 Subject to adjustment based on FY 2005/06 actual cost.
4 Santa Ana began contracting for Shelter Services only February 5, 2003.
JCB: EST 2005_06 City CosIsl Attachment E
Page 1 of 1
6/16/05
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COUNTY OF ORANGE
HEALTH CARE AGENCY
JULIETTE A. POULSON, RN, MN
DIRECTOR
REGULATORY HEALTH SERVICES
ANIMAL CARE SERVICES
MIKE SPURGEON
DEPUTY AGENCY DIRECTOR
REGULATORY HEALTH SERVICES
Excellence
r %~fgTity
SnVlce
JENNIFER PHILLIPS
DIRECTOR
ANIMAL CARE SERVICES
'e> MAILING ADDRESS:
561 THE CITY DRIVE SOUTH
JUL ;¿:J L:JUJ ORANGE. CA 92868
RECEIVED
TELEPHONE: (714) 935-J;848
FAX: (714) 935-J;373
July 21, 2005
City of Tustin
William A. Huston, City Manager
300 Centennial Way
Tustin, CA 92780
Subject FY 2005-06 Animal Care Services Agreement
Dear Mr. Huston,
Please find attached the FY 2005-06 Animal Care Services Agreement between the County of
Orange and the City of Tustin. Please obtain the necessary approvals and required signatures on each
of the three original signature pages enclosed. We are requesting that two of the original agreements
with the completed signature pages be returned no later than September 30, 2005, to Jennifer
Phillips, Director, Orange County Animal Care Services, 561 The City Drive South, Orange, CA
92868.
Please feel free to contact me at (714) 935-6949 should you have any questions.
Sincerely,
~v~
Jason Brown
Manager
Enclosure
cc:
Mike Spurgeon, Deputy Agency Director, Regulatory Health Services
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9 THIS AGREEMENT entered into this 1st day of July 2005, which date is enumerated for purposes
10 ofreference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State of
II California (COUNTY) and the CITY OF TUSTIN, a municipal nonprofit corporation (CITY). This
12 Agreement shall be administered by the County of Orange Health Care Agency (ADMINISTRATOR).
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AGREEMENT FOR PROVISION OF
ANIMAL CARE SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF TUSTIN
FISCAL YEAR 2005 - 2006
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 tenns 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 ofTenns .................................................................................................................
II. Indemnification........................................................................................................................
ill. Notices .....................................................................................................................................
IV. Severability..............................................................................................................................
V. Status of the Parties .................................................................................................................
VI. Tenn.........................................................................................................................................
VII. Tennination .............................................................................................................................
VIII. Third Party Beneficiary ...........................................................................................................
IX. Waiver of Default or Breach ...................................................................................................
Signature Page .........................................................................................................................
EXIllBIT A
I. Confonnity of Laws or Regulations.........................................................................................
II. Financial/Operational Advisory Board ....................................................................................
ill. Payments...................................................................................................................................
IV. Records ............................................................................,...................................................,....
V. Reports......................................................................................................................................
VI. Services to be Provided by County ..........................................................................................
EXIllBIT B
Type of Animal Care Service ..........................................................................................1 Page
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3 Term: July 1, 2005 through June 30, 2006
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5 Notices to COUNTY and CITY:
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REFERENCED CONTRACT PROVISIONS
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
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 tenns of this Agreement, whether written or verbal, shall be valid unless
made in writing and fonnally 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 confinned;
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. Tennination Notices shall be addressed as specified on Page 3 of this Agreement or otherwise
directed by ADMINISTRATOR and shall be effective when FAXed, transmission confinned, 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. :ŒBM
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, 2006, if a successor Agreement between the parties is not in force by July 1, 2006, 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 detennines not to renew this Agreement, a minimwn of six (6) months' written
notice shall be given to the other party.
VII. TERMINATION
A. If either party detennines not to renew this Agreement, written notice shall be given to the other
party no later than December 31, 2005.
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 tenninated, COUNTY may tenninate
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 tenns 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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13 CITY OF TUSTIN
14 a municipal corporation
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BY,~(t~
A. POULSON, RN, MN
DIRECTOR, HEALTH CARE AGENCY
1-lt,- tJr
DATE
MAYOR
DATE
CITY CLERK
DATE
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY~.J ~
DEPUTY
APPROVED AS TO FORM:
CITY ATTORNEY
s.)3.ð(' BY:
. DATE
DATE
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EXHIBIT A
TO AGREEMENT WITH
CITY OF TUSTIN
ANIMAL CARE SERVICES
FISCAL YEAR 2005 - 2006
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I. CONFORMITY OF LAWS OR REGULATIONS
A. If CITY is not the City of La Habra or the City of Santa Ana, CITY agrees to the following
Conformity of Laws or Regulations:
1. 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 I, 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.
2. 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.
3. 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.
B. If CITY is the City of La Habra or the City of Santa Ana, CITY agrees to the following
Conformity of Laws or Regulations:
I. CITY shall, during the term of this Agreement, follow COUNTY'S ordinance including any
amendments, relating to the redemption and disposal of impounded animals. In addition, CITY shall
adopt a fee schedule relating. to the redemption and disposal of impounded animals, which shall be
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identical to the COUNTY fee schedule, including any amendments thereto. COUNTY shall notify
CITY of any amendments to the COUNTY ordinance and fee schedule, and CITY shall adopt the same
within thirty (30) days of such notice.
2. CITY shall comply with administrative procedures adopted by COUNTY designed to
document the receipt of an animal by COUNTY, including the execution of receipts and animal history
records.
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 COUNTY.
III. PAYMENTS
A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual costs of providing Animal
Care Services specified in Exhibit B to this Agreement.
B. PAYMENT METHOD
1. In consideration for the Animal Care Services provided by COUNTY during the tenn of
this Agreement, CITY shall make a Fiscal Year (FY) 2005-06 Provisional Payment to COUNTY in the
amount of $146,471. This payment for FY 2005-06 services shall be adjusted by a
FY 2003-04 Credit of $20,150, resulting in a total adjusted Provisional Payment of $126,321. This
payment shall be adjusted as described in subparagraph ill.E., below.
2. If CITY is the City of La Habra and COUNTY provides Animal Care Services for animals
impounded within the corporate limits of the City of Buena Park during the tenn of this Agreement,
CITY shall make an additional FY 2005-06 Provisional Payment to COUNTY in the amount of
$121,728. This payment for FY 2005-06 services shall be adjusted by a FY 2003-04 Credit of $20,752,
resulting in a total adjusted Provisional Payment of $100,976. This payment shall be adjusted as
described in subparagraph ill.E., below.
3. 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, 2005, the second is due December 31, 2005, the third is due March 31, 2006, and the
fourth is due June 30, 2006.
4. 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.
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5. 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 perfonning 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.
6. In the event this Agreement is extended in accordance with the Tenn paragraph of this
Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to
one-twelfth (1/12) of the FY 2005-06 adjusted Provisional Payment amounts shown in
subparagraph III.B.l.and III.B.2. 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
detennine 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 to CITY shall be detennined 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 to CITY shall be detennined 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 to CITY shall be detennined by
applying the CITY'S percentage of animal charge days, for animals impounded fTom within the
corporate limits of CITY and animals received fTom 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. If CITY is the City of La Habra, CITY'S percentage of animal charge days shall include
City of Buena Park animal charge days.
5. CITY'S Actual Cost of Animal Care License Processing Services to CITY shall be
detennined by applying CITY'S percentage of License Processing Services to COUNTY'S Total Actual
Expenditures (including indirect charges) for providing all Animal Care License Processing Services
within County. If CITY is the City of La Habra, CITY'S percentage of License Processing Services shall
include License Processing Services provided by COUNTY to City of Buena Park.
6. CITY'S Actual Cost. of Animal Care hnpound Processing Services to CITY shall be
detennined by applying CITY'S percentage of Animal Care hnpound Processing Services to
COUNTY'S Total Actual Expenditures (including indirect charges) for providing all Animal Care
hnpound Processing Services within County. If CITY is the City of La Habra, CITY'S percentage of
hnpound Processing Services shall include hnpound Processing Services provided by COUNTY to City
of Buena Park.
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D. FEE REVENUE
1. COUNTY shall have all fee collection powers of CITY and shall receive all cooperation
possible from CITY to enable efficient enforcement of fee collection. COUNTY shall retain all fee
revenue derived from the enforcement of the ordinances pertaining to Animal Care Services provided by
COUNTY.
2. If CITY is not the City of La Habra, COUNTY agrees to keep record of and to credit to
CITY all fee revenue collected from residents, generated from animals received, and generated from
animals impounded from within the corporate limits of CITY. Said revenue credit shall be used to
detennine the Net Cost of Animal Care Services described in subparagraph ill.E. below.
3. If CITY is the City of La Habra, COUNTY agrees to keep record of and to credit to CITY
all fee revenue collected from residents, generated from animals received, and generated from animals
impounded from within the corporate limits of the cities of La Habra and Buena Park. Said fee 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. If CITY is not the City of La Habra, CITY'S Combined Actual Costs of Animal Care
Services, as described above, shall be reduced by the total amount of fee revenue generated from CITY,
as described in subparagraph ill.D. above, to determine the Net Cost of Service provided under this
Agreement.
2. If CITY is the City of La Habra, CITY'S Combined Actual Costs of Animal Care Services,
as described above, shall be reduced by the total amount of fee revenue generated from CITY and the
City of Buena Park, as described in subparagraph ill. D. above, to determine the Net Cost of Service
provided under this Agreement.
3. If the Net Cost of Service is less than the Provisional Payment amount indicated in
subparagraph ill.B.l. and ill. B. 2. above, then COUNTY shall credit the difference to CITY in a
FY 2007-08 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.
4. If the Net Cost of Service is greater than the Provisional Payment amount indicated in
subparagraph ill.B.l. and ill. B. 2. above, then COUNTY shall debit the difference from CITY in a FY
2007-08 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.
5. COUNTY agrees to complete, on or before December 31, 2006, a calculation of
FY 2005-06 Net Cost of Animal Care Services. COUNTY shall conduct a reconciliation of costs and
apply any credit or debit to CITY'S FY 2007-08 Provisional Payment to COUNTY.
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IV. RECORDS
A. All records created or received by COUNTY in accordance with the perfonnance of COUNTY
services pursuant to this Agreement are confidential. COUNTY agrees to keep such books and records
in such fonn 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.
B. Once each year, COUNTY shall deliver to CITY only the addresses of each CITY licensed pet
upon demand without additional expense or cost to CITY. Any such infonnation requested which is
confidential pursuant to the tenns 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 return to
COUNTY a "Confidentiality Agreement" on a fonn approved or provided by COUNTY. The parties
agree and understand that this procedure is required by the Public Records Act and necessitated to
pennit CITY to obtain the infonnation required for its use, and to allow COUNTY to disclose said
infonnation without the risk of waiver of the right to refuse to disclose such confidential infonnation to
others. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in
possession of such records, and pennitted by state law to disclose them voluntarily.
V. REPORTS
COUNTY shall provide to CITY no later than March 31,2006, a written report of Animal Care
Services income, expenses and service activities for the period July 1, 2005 through December 1, 2005.
COUNTY shall provide to CITY no later than December 31, 2006, a written report of Animal Care
Services income, expenses and service activities for the period July 1, 2005 through June 30, 2006.
VI. SERVICES TO BE PROVIDED BY COUNTY
A. COUNTY agrees, under the direction of COUNTY'S Health Care Agency Director or designee,
to provide to CITY Animal Care Services specified in Exhibit B to this Agreement. 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. Services shall be provided in the
following 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 infonnation 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
a. In keeping with Public Health laws which require rabies vaccination and licensing of all
dogs over four (4) months old, COUNTY shall canvass residences within CITY to locate and license
unlicensed dogs. The number of hours of canvassing provided to CITY by COUNTY shall be prorated
based on available canvassing hours and Total FY 2005-06 Provisional Payments by cities receiving
canvassing services. 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,
pennits 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 ITom the public 365 days a year &om 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. If CITY is City of La Habra or the City of Santa Ana, the Shelter shall receive animals
ITOm CITY animal control officers; at times arranged by COUNTY. COUNTY shall coordinate this
service and notify CITY of procedures and times for receipt of these animals.
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c. 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.
d. 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.
e. Veterinary services shall be available seven (7) days a week. Veterinary staff shall
perfonn required euthanasia by lethal injection. Necropsies shall be perfonned on animals which die
under suspicious circumstances and at the request of law enforcement.
4. ANIMAL CARE LICENSE PROCESSING SERVICES - COUNTY shall sell or release
impounded dogs to CITY residents only upon proof of rabies vaccination, the payment of CITY dog
license fees, and issuance of a dog license voucher. The COUNTY shall maintain a record of all dog
license fees collected and shall forward copies of dog license receipts to CITY within seven (7) working
days for CITY processing. CITY agrees to pay a license processing fee of $5.50 for each dog license
voucher issued by COUNTY. Said revenue and charges shall be reflected under Animal Care Shelter
Services and credited to CITY. COUNTY shall credit these fees in accordance with the Payments
paragraph of Exhibit A to this Agreement. CITY shall make its best effort to provide, monthly, updated
dog licensing infonnation to COUNTY.
5. ANIMAL CARE IMPOUND PROCESSING SERVICES - CITY agrees to pay an impound
processing fee of $4.00 for animal photography and impound data entry into the animal management
database, for each animal impounded by CITY Animal Countrol. Said revenue and charges shall be
reflected under shelter services and credited to CITY. COUNTY shall credit these fees in accordance
with the Payments paragraph of Exhibit A to this Agreement.
B. Animal Care Field Services, Animal Care Special Services, and Animal Care Shelter Services
provided by COUNTY under this Agreement shall be established as those customarily provided to
residents of unincorporated areas of COUNTY.
C. If CITY is the City of Santa Ana, COUNTY shall provide notification to CITY residents upon
resident's adoption of a dog. The notification shall state that CITY resident is required to obtain a dog
license from CITY within fourteen (14) days of adoption. CITY shall make its best efforts to provide,
monthly, updated dog licensing infonnation to COUNTY.
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D. 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.
E. 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.
F. To facilitate the performance of services hereunder, COUNTY shall have full cooperation and
assistance fTom CITY, its officers, agents and employees.
G. 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.
H. 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 provided at the discretion of COUNTY and at COUNTY'S usual and
customary charges for such housing.
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EXHIBIT B
TO AGREEMENT WITH
CITY OF TUSTIN
ANIMAL CARE SERVICES
FISCAL YEAR 2005 - 2006
TYPE OF ANIMAL CARE SERVICE
COUNTY agrees to provide the following Animal Care Services pursuant to the tenns and conditions
specified in this Agreement for Provision of Animal Care Services between COUNTY and CITY.
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Animal Care Field Services
Animal Care Special Services
Animal Care Shelter Services
Animal Care License Processing Services
Animal Care Impound Processing Services
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