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Home My WebLink About10 ANIMAL CONTROL 09-17-01AGENDA REPORT NO. 10 09-17-01 400-10 " "" MEETING DATE: SEPTEMBER 17, 2001 " TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER RONALD A. NAULT, FINANCE DIRECTOR ANIMAL CONTROL/SHELTER CONTRACT FOR FISCAL YEAR 2001-2002 SUMMARY' The City Council is requested to approve the Fiscal Year 2001-2002 Animal Control/Shelter contract with the Orange County Health Agency in the provisional amount of $77,569. RECOMMENDATION' Authorize the Mayor to sign the Animal Control/Shelter agreement for Fiscal Year 2001-2002 in the amount of $77,569. FISCAL IMPACT' The 2001-2002 Budget approved on July 16, 2001 includes $155,000 that was estimated for Animal Control services for the fiscal year. There will be a budget savings of $77,431. 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 contract cost. DISCUSSION' The original estimate of $155,000 for the 2001-2002 contract cost was a verbal estimate received from County Animal Control staff based on Tustin's provisional cost of $131,773 for fiscal 2000-2001. The County clarified that they did not take into consideration any credits for 2000-2001 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 #1 is the base budget allocated to the member agencies. The allocation is based on the average adjusted budget share for the prior three years. Column #2 is the adjusted share based on the previous third quarter cost study, and Column #3 is the City's share of the estimated net field services, special services and shelter services for fiscal 2001- 2002. Column #6 is the final cost to the City for the current year net of actual credits for 1999- 2000 and 2000-2001. The proposed 2001-2002 Animal Control/Shelter contract cost of $77,569 is a decrease of 31% from the 2000-2001 contract of $111,832. For fiscal 2001-2002 the total Animal Care Services budget will increase by $466,000: personnel costs are estimated to increase by $165,000 and services and supplies by $301,000. Tustin is allocated 3.2% of the base budget for fiscal 2001-2002. Because of credits from the prior two fiscal years we will realize a net reduction in Animal Control costs for the current year. R'o~ald A. Nault Finance Director Attachments RAN:AnimalControl2001StaffReport.doc 0 $ 0 . · ' ~ :" . .. ' L' :, '. ' ' '~T :~,' ' - ... :..,:.,... . ...... ~ ~...~ ~',' .... ,. ;.'. .. , ~'~C'~.:~, ~ .'.'~ ,~':.~... , , i , , , , ...... · ; '"'~'. %'~' ~ ~' ~ ~.:.',: ~ , , , , , ,, ....... :~-~ ~' ....... ~ :: ' ".' .. '-' ~'. ~:L~':.'"' '"'~':':~ ~. ::: ,.' .?.:IL." ;:~.~".'":"' ' ~ ~ ~ F~ ~:.'~.~.b ~"~~'~:.'~,~'~ ~."~ ~:-'~ ~,,~'~?~"~ ~ , m ....... · :". ~:. ~.: :., .. :~,.. ~.'.....'.:. c~,.. ;,~.....c... , .,, .. :.:. ~. ..... , ,,~.. ...... ,.~¥.,. ,.~.~..:. ~.: :... :~?..;', ~:.:~y~:..~ :..':..:.'.~:, ~::.:..':~C::c... g~.: ~.~.~:,:~:.:.... :':.'..?: L::'"...:, ~'~g~. ~.~..~ ~:~:'~::~.:~'?, ~.?:..:~ L:'.?~;F' :;':':~:.':., ~:.~':X'~: ~ , , ?..:...~.: '' , , , , ... '. . · , , ~,:..,-. [ ?' ?. ..:..... .:.:;... ~. ::':.:':?.;'/' :,. - .'f~,: .... ..: :..~....;~".~': ...~ .... ~. ~ .:,.... .. · . · ':.'..':. ..L: .. 2'.:L' '. ': :..~ ~ ..... ...~ '. · ..,,.. . .. . .... . ..... .::~, :~. ~ ~:...?.. '"..... .::, .. ,. :..:.'..~ :¥.. ,....... .~.:.....~.. ~ ~ .... .... ~. ..: .... ~ ~ ... .. ... '..: :'... ~:. D.. ~ ~ ~ ~ ~ ~.;~.~ ..... ,, : . ....,'.".. . . .- ....... . .... . .... .... · . .. ~ ~ ~ :~ ~ '~' '~ "~ ~ ~ ~ '~.'.':: '~ ..... ''J7 ;?.:'..:.'. , , , , , j.';~ ....2'? · .... .. .. . ..... .... > .... ~, . .. ,. . ~:.~.. .: ..'..,.L .... .... ~':: .:...~ ...... .: ...... :'.~:~'~ ~ ~ ~ :i ~ ~ ~' ;"' ....... ::": .~. : ..; ~ ~ ~ T-',' ~ .~ "' ' .~ ~ :. · , ,, , , , · ~ . . . .( :.~ '... ~.': : - , , , , , ITl COUNTY OF ORANGE HEALTH CARE AGENCY REGIaATORY HEALTH SERVICES ANIMAL CARE August 23, 2001 ADMt____N ISTRAT ON , , RECEIVE City of Tustin William Houston, City Manager 300 Centennial Way Tustin, CA 92780 JULIETTE A. POULSON, RN, MN DIRECTOR MIKE SPURGEON DEPUTY AGENCY DIRECTOR REGULATORY HEALTH SERVICES JULIE ANN RYAN JOHNSON, DVM DIRECTOR ANIMAL CARE SERVICES MAILING ADDRESS: 561 THE CITY DRIVE SOUTH ORANGE, CA 92868 TELEPHONE: (714) 935-6848 FAX: (714) 935-6373 Subject: FY 2001-2002 Animal Services Contract Dear Mr. Houston, Attached find your FY 2001-2002 Animal Services Comract. Please obtain your City Council's approval and then the signatures of your Mayor, City Clerk and City Attorney on each of the three enclosed original signature pages. All three agreements with the signature pages should be returned within four weeks if possible to 'Hal Maloney, Assistant Director, Orange County Animal Care Services, 561 The City Drive, South, Orange, CA 92868. If you have any questions, please call me at (714) 935-7012. Thank you. Very truly yo uts, Hal Maloney Assistant Director Enclosure cc: Mike Spurgeon, Deputy Agency Director, Regulatory Health Services Julie Ann Ryan Johnson, DVM, Director, Orange County Animal Care Services Gina Van Quest, Analyst, Revenue Support and Forecasting RECEIVED AUG ~ 8 2007 FINANCE DEP'L 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AGREEMENT FOR PROVISION OF ANIMAL CARE SERVICES BETWEEN COUNTY OF ORANGE AND CITY OF TUSTIN FISCAL YEAR 2001 - 2002 THIS AGREEMENT entered into this 1st day of July, 2001, 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). WITNESS E TH: 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: // // // // // // // // // // // // // // // // // 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 PARAGRAPH CONTENTS PAGE Title Page ................................................................................................................................. Contents ................................................................................................................................... Referenced Contract Provisions .............................................................................................. I. Alteration of Terms ................................................................................................................. II. Indemnification ........................................................................................................................ m. Notices ..................................................................................................................................... IV. Severability .............................................................................................................................. V. Status of the Parties ................................................................................................................. VI. Term ......................................................................................................................................... VII. Termination ............................................................................................................................. VIII. Third Party Beneficiary ........................................................................................................... IX. Waiver of Default or Breach ................................................................................................... X. Signature Page ......................................................................................................................... EXHIBIT A I. Conformity of Laws or Regulations ........................................................................................ Il. Financial/Operational Advisory Board ................................................................................... llI. Payments .................................................................................................................................. IV. Records .................................................................................................................................... V. Services to be Provided by County ......................................................................................... 2of7 \\Cottonwood\WMS\CONTRACT~Animal Care Srvs Master-01-02-JAC.Doc 08/09/01 4:27 PM ACS1KKO2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 REFERENCED CONTRACT PROVISIONS Term: July 1,2001 through June 30, 2002 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 and County of Orange Health Care Agency Contract Development and Management 515 North Sycamore, Room 312 Santa Ana, CA 92701 CITY: # # # # # # # # # Mr. William A. Houston City of Tustin City Manager 300 Centennial Way Tustin, CA 92780 3 of 7 \\Cottonwood\WMS\CONTRACT~Animal Care Srvs Master-01-02-JAC.Doc 08/09/01 4:27 PM ACS1KKO2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 I. ALTERATION OF TERMS This Agreement, together with Exhibit A 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 as otherwise directed by ADMINISTRATOR; 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, or as otherwise directed by ADMINISTRATOR, 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. 4of7 \\Cottonwood\WMS\CONTRACTXAnimal Care Srvs Master-01-02-JAC.Doc 08/09/01 4:27 PM ACS1KKO2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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, 2002, if a successor Agreement between the parties is not in force by July 1, 2002, 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. 5 of 7 \\Cottonwood\WMS\CONTRACTxAnimal Care Srvs Master-01-02-JAC.Doc 08/09/01 4:27 PM ACS1KKO2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 31,2001. 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 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. // // // // // // 6 of 7 \\Cottonwood\WMS\CONTRACTxAnimal Care Srvs Master-01-02-JAC.Doc 08/09/01 4:27 PM ACSIKKO2 1 2 3 ? 8 9 10 11 12 13 15 17 18 19 20 21 22 23 2~ 26 2? 28 29 30 32 33 3? D,r 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: BY: ....... CHAIR OF THE BOARD OF SLrPER~SORS MAYOR SIGN-ED A.t~ CERTIi-,'I~D THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD. ATfEST: DAKLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California Date CITY CLERK Date APPRO~D AS TO FORM LAURENCE M. WATSON, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM: CITY ATTOR.NEY DEPUTIf f ' / Date Date 7 of 7 \LRedwood~WMS ContractskAnimal Cat~ Scvs Master-01-02-/AC.Doc P. 7 619101 10:57 AM 2 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2:5 26 27 28 29 30 31 32 33 34 35 36 37 ~ WrTNESS WHEREOF, the parties.have executed this Agreement, in the County of Orange, · State of Ca. lifomia. COUNTY OF ORANGE CITY OF TUST1N a municipal corporation BY: .... BY: CHAIR OF THE BOARD OF SUPERVISORS MAYOR SIG~D AI~ CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVEI~D TO THE CHA/R OF THE BOARD. A'ITEST: ii i, DARLFa~ J. BLOOM Clerk of the Board of Supervisors of Orange County, California Date CITY CLE~ Dat~ APPROVED AS TO FORM LAURENCE M. WATSON, COUNTY COUNSEL ORANGE COUNTY, CAL.IFO~ APPROVED AS TO FORM: CITY ATTORNEY BY: Date BY: Date 7 of 7 \kP, edwood~WMS Contracts~nimal Care Srvs Master-01-02-$AC.Doc P. 7 619/01 10:57 AM ACSI KK02 1 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 Rq WFFNESS 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: , BY: CHAIR OF THE BOARD OF SUPERVISORS MAYOR SIGN'ED AI~ CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO TIlE CHAIR OF THE BOARD. ATfI:iST: DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California Date Date APPROVED AS TO FORM LAURENCE M. WATSON, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM: CITY ATTORNEY DEPUT~ .. Date BY: Date 7 of 7 \LRedwoodXWMS Contracts~.nimal Care Srvs Master-0 [-OZ-/AC.Doe P. 7 619101 10:57 AM ACS1KK02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 EXHIBIT A TO AGREEMENT WITH CITY OF TUSTIN ANIMAL CARE SERVICES FISCAL YEAR 2001-2002 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 COUNTY. 1 of 6 \\Cottonwood\WMS\CONTRAC~ISAnimal Care Srvs Master-01-02-JAC.Doc 08/09/01 4:27 PM ACS1KKO2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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) 2001-02 Provisional Payment to COUNTY in the amount of $106,490. This payment for FY 2001-02 services shall be adjusted by a FY 2000-01 credit of $19,120, and further adjusted by a final FY 1999-2000 credit of $9,801, resulting in a total adjusted Provisional Payment of $77,569. This payment shall be adjusted as described in subparagraph m.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, 2001, the second is due December 30, 2001, the third is due March 30, 2002, and the fourth is due June 30, 2002. 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 2001-02 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. 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. X:\CONTRAC'P~Animal Care Srvs Master-01-02-JAC.Doc 2of6 08/13/01 10:21 AM ACS 1KKO2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 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 m.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 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, 2002. 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. // 3 of 6 \\Cottonwood\WMS\CONTRACT~nimal Care Srvs Master-01-02-JAC.Doc 08/09/01 4:27 PM ACSIKKO2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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. 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 4of6 \\Cottonwood\WMS\CONTRACT~Animal Care Srvs Master-01-02-JAC.Doc 08/09/01 4:27 PM ACS1KKO2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 (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, 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. // 5 of 6 \\Cottonwood\WMS\CONTRACT~Animal Care Srvs Master-01-02-JAC.Doc 08/09/01 4:27 PM ACS1KKO2 1 2 3 4 5 6 7 8 9 10 11 i, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ,. 27 29 3O 31 32 33 34 35 36 37 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. 6of6 \\Cottonwood\WM$\CONTRACT~nimal Care $rvs Master-01-02-JAC.Doc 08/09/01 4:27 PM ACSIKKO2