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HomeMy WebLinkAbout05 ORANGE COUNTY ANIMAL CARE SERVICES AGREEMENTDocusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 MEETING DATE TO: FROM: SUBJECT: SUMMARY: Agenda Item 5 AGENDA REPORT Reviewed: City Manager afs Finance Director 'cc MAY 19, 2026 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ALDO E. SCHINDLER, CITY MANAGER ORANGE COUNTY ANIMAL CARE SERVICES AGREEMENT The City of Tustin currently contracts with Orange County Animal Care Services for animal control, animal care, animal shelter, animal licensing, and barking dog complaint services. The existing Agreement for Provisions of Orange County Animal Care Services with the County of Orange and the City of Tustin is scheduled to expire on May 30, 2026. To ensure uninterrupted services, staff recommends that the City Council approve a new five-year Agreement with the County of Orange. RECOMMENDATION: Recommend City Council take the following actions: Approve the Agreement for Provisions of Orange County Animal Care Services between the County of Orange and the City of Tustin for the period of May 31, 2026, through May 30, 2031; and 2. Authorize the City Manager or designee to execute the Agreement for Provision of Orange County Animal Care Services between the County of Orange and the City of Tustin for ongoing services. FISCAL IMPACT: The current estimated cost for this agreement in Fiscal Year 2026-27 is $1.35 million, which will be incorporated into the proposed Fiscal Year 2026-27 budget. CORRELATION TO THE STRATEGIC PLAN: The Orange County Animal Care Services Agreement contributes to the fulfillment of the City's Strategic Plan Goal D: Strong Community and Regional Relationships. Specifically, this item implements Strategy 2, which is to enhance collaborative efforts with agencies within and outside Tustin on issues of mutual interest and concern. Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 City Council Agenda Report Orange County Animal Care Agreement May 19, 2026 Page 2 BACKGROUND AND DISCUSSION: In 2016, the County of Orange (County) and the City of Tustin, along with 13 other cities, entered into a Participation Agreement that financed the construction of a new Orange County Animal Shelter in the City of Tustin. Parallel to this construction agreement, each individual participating city, including the City of Tustin, also signed a separate, individual Agreement of Provision of Animal Care Services (Agreement). Both of these 10-year term agreements are set to expire on May 30, 2026. In the interest of continued partnership, and in acknowledgement of the various cities that invested in the now completed construction of the Orange County Animal Shelter facility, the County of Orange Community Resources and Orange County Animal Care Services team worked with a committee of five city managers (Placentia, Yorba Linda, Villa Park, Fountain Valley, Lake Forest), as appointed by the Orange County City Managers Association, to review and developed revised terms for an updated master Agreement for Provision of Animal Care Services. The following is a summary of the revised terms in the updated master Agreement, which was approved by the Orange County Board of Supervisors on February 24, 2026: • One consolidated agreement, instead of a separate construction agreement and services agreement, given construction has been completed and will be paid off this fiscal year; • One year term, automatically renewed each year, for a period of 5-years. County will continue to issue an annual Notice of Intent, inclusive of Fiscal Year billing estimates; • Enhanced methodology for bill stabilization and monthly reports, furthering transparency with the quarterly invoices.; • New contracting opportunities for those cities interested in obtaining services from Orange County Animal Care Services; and • Opt -in provisions for service category changes. Twelve of the 14 participating cities have already approved the master Agreement. Cities cannot customize the master Agreement terms, other than to dictate which services they will be opting in to receive under their annual Notice of Intent. The Agreement, as proposed, maintains and continues the existing County provided services of animal control, animal care, animal shelter, animal licensing, and barking dog complaint services for the City. The initial FY27 projection for this agreement is approximately $1.35 million, slightly below the FY26 projection of $1.36 million. These projections were calculated by Orange County Animal Care Services based on the average level of service use by Tustin in the past two fiscal years and includes a 3.07% increase due to OC Animal Care salary increases, as approved by the County, and the rising cost of essential animal care supplies. Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 City Council Agenda Report Orange County Animal Care Agreement May 19, 2026 Page 3 The estimated budgetary costs for this agreement are contingent upon a minimum of 75% use of the animal shelter by all the participating cities. Should use of the shelter be reduced by 25% or more, then the Agreement will not go into effect, and a new negotiation will occur. If use of the shelter by the cities reduces by less than 25%, each participating city will receive an updated annual projection cost for consideration and approval. At this time, 76.95% minimum use of the animal shelter has been allocated, given the approval of the master Agreement by 12 of the 14 participating cities. The remaining two participating cities, Tustin included, are considering the approval of the master Agreement during this month of May. Aldo E. Schindler, City Manager Attachments: 1. Agreement for Provisions of Orange County Animal Care Services between the County of Orange and the City of Tustin 2. Orange County Animal Care's 2026 Contract Renewal Informational Summary Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES BETWEEN COUNTY OF ORANGE AND CITY OF TUSTIN MAY 31, 2026 THROUGH MAY 30, 2031 THIS AGREEMENT entered into this 31 day of May, 2026, 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 ("CITY'). This AGREEMENT shall be administered by County of Orange OC Community Resources ("ADMINISTRATOR"). COUNTY and CITY may be referred to individually as a "PARTY' and collectively as the "PARTIES." WITNESSETH: WHEREAS, COUNTY owns, and through OC Animal Care operates, an animal care shelter facility at 1630 Victory Road, Tustin, California ("SHELTER"); and 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: Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 CONTENTS PARAGRAPH PAGE TitlePage.................................................................................................................................. 1 Contents.................................................................................................................................... 2 Referenced Contract Provisions.............................................................................................. 3 I. Alteration of Terms.................................................................................................................. 4 II. Indemnification and Insurance................................................................................................ 4 III. Notices...................................................................................................................................... 5 IV. Severability............................................................................................................................... 5 V. Status of the Parties.................................................................................................................. 5 VI. Term......................................................................................................................................... 6 VII. Termination.............................................................................................................................. 6 VIII. Third Parry Beneficiary........................................................................................................... 7 IX. Waiver of Default or Breach.................................................................................................... 7 X.Use of Shelter Upon Discontinuance of Use by County ........................................... 7 XI. Participation of New Cities............................................................................ 8 XII.Governing Law and Venue............................................................................. 8 XIII.Attomey Fees.............................................................................................................................. 8 XIV.Appropriations............................................................................................. 8 SignaturePage.......................................................................................................................... 10 EXHIBIT A I. Definitions................................................................................................................................ 1 11. Services to be Provided by County......................................................................................... 1 III. Payments.................................................................................................................................. 4 IV. City Manager's Association Animal Care Committee........................................................... 5 V. Laws and Regulations.............................................................................................................. 5 VI. Reports...................................................................................................................................... 6 VII. Records..................................................................................................................................... 6 Uvururrr u Animal Care Notice of Intent................................................................................................ I Page H H H CITY OF TusTIN 2 of 10 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 REFERENCED CONTRACT PROVISIONS Term: MAY 31, 2026 through MAY 30, 2031 Notices to COUNTY and CITY: COUNTY: County of Orange OC Community Resources Director's Office 1770 North Broadway Santa Ana, CA 92706-2642 and County of Orange OC Community Resources OC Animal Care Director 1630 Victory Rd. Tustin, CA 92782 CITY: City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 CITY OF TUSTIN 3 of 10 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 I. ALTERATION OF TERMS This AGREEMENT, together with Exhibit 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 COUNTY and CITY. II. INDEMNIFICATION AND INSURANCE A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special districts and agencies for which COUNTY'S Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, demands, including defense costs, or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by CITY pursuant to this AGREEMENT. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither PARTY shall request a jury apportionment. B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers, employees, agents, directors, members, shareholders and/or affiliates harmless from any claims, demands, including defense costs, or liability of any kind or nature, including but not limited to, personal injury or property damage, arising from or related to the services, products or other performance provided by COUNTY pursuant to this AGREEMENT. If judgment is entered against COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of CITY, COUNTY and CITY agree that liability will be apportioned as determined by the court. Neither PARTY shall request a jury apportionment. C. Each PARTY agrees to provide the indemnifying PARTY with written notification of any claim related to services provided by either PARTY pursuant to this AGREEMENT within thirty (30) calendar days of notice thereof, and in the event the indemnifying PARTY is subsequently named party to the litigation, each PARTY shall cooperate with the indemnifying PARTY in its defense. D. Without limiting CITY's indemnification, CITY warrants that it is self -insured or shall maintain in force at all times during the term of this AGREEMENT, the policy or policies of insurance covering its operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY shall provide evidence of such insurance. E. Without limiting COUNTY'S indemnification, COUNTY warrants that it is self -insured or shall maintain in force at all times during the term of this AGREEMENT, the policy or policies of insurance covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY shall provide evidence of such insurance. CITY OF TUSTIN 4 of 10 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 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 CITY; 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 as otherwise directed by ADMINISTRATOR or CITY and shall be effective when FAXed, transmission confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service. C. Each PARTY shall notify the other PARTY, in writing, within twenty-four (24) hours of becoming aware of any occurrence of a serious nature, which may expose either PARTY to liability. Such occurrences 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 Each PARTY is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this AGREEMENT. Each PARTY is entirely responsible for compensating staff and consultants employed by that PARTY. This AGREEMENT shall not be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of either PARTY's employees, agents, consultants, or subcontractors. Each PARTY assumes exclusively the responsibility for the acts of its employees, agents, consultants, or subcontractors as they relate to the services to be provided during CITY OF TUSTIN 5 of 10 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 the course and scope of their employment. Each PARTY, its agents, employees, or subcontractors, shall not be entitled to any rights or privileges of the other PARTY's employees and shall not be considered in any manner to be employees of the other PARTY. VI. TERM A. The term of this AGREEMENT shall commence as specified on Page 3 of this AGREEMENT. B. The term of this AGREEMENT shall be automatically renewed each July for twelve (12) additional months, for a period of five (5) years, provided no notice of termination has been given by either PARTY in accordance with the "TERMINATION" paragraph of this AGREEMENT. VII. TERMINATION A. COUNTY may terminate this AGREEMENT, without cause, upon twelve (12) months written notice to CITY or immediately upon default by the CITY of its obligations hereunder. B Upon termination, both PARTIES 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. C.. The obligations of COUNTY or CITY under this AGREEMENT are contingent upon the provision of sufficient funding for the services hereunder in the applicable budgets approved by the Board of Supervisors and the CITY's City Council. In the event such funding is subsequently reduced or not appropriated, either PARTY may terminate this AGREEMENT upon thirty (30) calendar days written notice to the other PARTY. CITY acknowledges that the sharing of costs among the COUNTY and all contracting cities provides cost efficiencies and operational savings to COUNTY and each contracting city, and that COUNTY and each contracting city have entered into their services agreements in reliance on such shared costs and resulting savings. CITY further acknowledges that the withdrawal by CITY from the program would increase the financial burden of services on COUNTY and all remaining contracting cities, and acknowledges and agrees that it is the current intent of CITY to acquire Animal Care Services from the COUNTY pursuant to this AGREEMENT for a term of at least five (5) years, and that other cities acquiring services from the COUNTY are relying on CITY's stated intention and the sharing of costs with CITY in electing to acquire similar services. CITY acknowledges and agrees that this AGREEMENT is contingent upon other local cities entering into similar agreements with the COUNTY to provide Animal Care Services for a period of five (5) years, and that this AGREEMENT will not be effective until other cities enter into similar agreements with the COUNTY to provide an estimated annual aggregate of at least 75% of the dollar value of Animal Care Services provided to contract cities during the twelve months prior to execution of this AGREEMENT. CITY OF TUSTIN 6 of 10 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 VIII. THIRD PARTY BENEFICIARY Neither PARTY intends this AGREEMENT to create rights hereunder in any 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. X. USE OF SHELTER UPON DISCONTINUANCE OF USE BY COUNTY A. The SHELTER, which is owned and operated by COUNTY, shall be used by COUNTY for the provision of services for contracting cities and COUNTY unincorporated areas, as needed, pursuant to the terms of current and future services agreements. In the event COUNTY elects to discontinue usage of the SHELTER for animal sheltering purposes prior to December 31, 2066, COUNTY shall offer to those CITIES then currently contracting with COUNTY, whose AGREEMENTS contain this provision, to receive services pursuant to a services agreement the opportunity to lease the SHELTER strictly for animal sheltering purposes until such date, at a costs of $1.00 per year plus all rental costs, if any, owed to South Orange County Community College District (SOCCCD) pursuant to the Ground Lease entered into between COUNTY and SOCCCD. B. Each and every CITY exercising this option shall be responsible for all operational costs; utility costs; maintenance, alteration, repair, and improvement costs; and any other costs of sustaining and operating an animal shelter at the site and shall indemnify COUNTY for any costs or liabilities resulting from or relating to the site. Upon exercise of the option, the COUNTY and the optioning CITIES shall use best efforts to negotiate mutually agreeable terms for the resulting lease. If the PARTIES cannot agree to mutually agreeable terms within one hundred and eighty (180) days after the exercise of the option, the option will terminate. The option provided for in this subsection is exclusive to those CITIES described above and may only be exercised collectively by those CITIES that elect to exercise the option or, if only one CITY wishes to do so, by that single electing CITY. The option must be exercised, if at all, within one hundred and eighty (180) days after COUNTY notifies CITIES of its decision to discontinue use of the SHELTER for animal sheltering purposes. The option provided herein shall be contingent upon the ground lease not terminating by its terms prior to COUNTY obtaining fee hold possession of the site. C. In the event COUNTY does not yet have fee hold possession of the site as of April 29, 2034, the expiration date of the ground lease, COUNTY shall, at least six months prior to that date, consult with those CITIES then contracting with COUNTY for SERVICES regarding proposed methods of accessing continued use of the site. CITY OF TUSTIN 7 of 10 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 XI. PARTICIPATION OF NEW CITIES A. After full execution of this AGREEMENT, cities not a PARTY to this AGREEMENT (either new cities or cities previously a PARTY to this AGREEMENT whose AGREEMENT has terminated) may be added to the COUNTY's Animal Care Services program at the discretion of and under terms deemed acceptable by the COUNTY. If such new or returning city requests to participate in the Animal Care Services program, and COUNTY elects to provide Animal Care Services to such city, such city will be required to pay all, or, if such expansion is necessitated by the participation of multiple new and/or returning cities, its pro rata portion, of the costs of any SHELTER expansion attributable to such city's anticipated use of the SHELTER. If the COUNTY determines, at its sole discretion, that no expansion is required to accommodate a new or returning city, said city or cities shall be required to pay, in addition to actual annual costs, 5% of its Notice of Intent (see Exhibit A, Section II.A) for shelter maintenance and repair which shall be used by COUNTY to defray the cost of capital projects for the current PARTIES to this Agreement whose contracts did not terminate. CITY payment of 5% above annual Notice of Intent shall be limited to the term of this AGREEMENT. For the sake of clarity and avoidance of misunderstanding, new or returning cities will not be offered the option to lease SHELTER facilities pursuant to the "USE OF SHELTER UPON DISCONTINUANCE OF USE BY COUNTY" paragraph of this AGREEMENT. XII. GOVERNING LAW AND VENUE This AGREEMENT has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the PARTIES hereto agree to and hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the PARTIES specifically agree to waive any and all rights to request that an action be transferred for trial to another county. XIIL ATTORNEY'S FEES In any action or proceeding to enforce or interpret any provision of this AGREEMENT, or where any provision hereof is validly asserted as a defense, each PARTY shall bear its own attorney's fees, costs and expenses. XIV. APPROPRIATIONS During the term of this AGREEMENT, for each fiscal year, CITY shall make reasonable efforts to adopt all necessary budgets and make all necessary appropriations for all payments due hereunder. To the extent COUNTY has not terminated this AGREEMENT as provided hereunder, the CITY shall continue to make reasonable efforts to make all payments required hereunder. CITY OF TUSTIN 8 Of 10 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 [SIGNATURE PAGE FOLLOWS.] CITY OF TUSTIN 9 of 10 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT in the County of Orange, State of California. CITY OF TUSTIN DATED: ATTEST: CITY MANAGER DATED: CITY CLERK APPROVED AS TO FORM: BY: DATED: CITY ATTORNEY COUNTY OF ORANGE BY: DATED: TITLE: APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA W DEPUTY DATED: CITY OF TUSTIN 10 of 10 Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 EXHIBIT A TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF TUSTIN MAY 31, 2026 THROUGH MAY 30, 2031 I. DEFINITIONS A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing Animal Care Services to CITY pursuant to this AGREEMENT. B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, the estimated cost of the services, and the effective date. C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as specified, by category, in Paragraph II.B. of Exhibit A to this AGREEMENT. D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by COUNTY to CITY pursuant to this AGREEMENT. E. "Fiscal Year" means a twelve (12)-month period from July through June. F. "Net Cost" means Actual Cost minus Fee Revenue. G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service category. II. SERVICES TO BE PROVIDED BY COUNTY A. ANIMAL CARE NOTICE OF INTENT 1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified below in subparagraph II.B. of Exhibit A to this AGREEMENT, CITY would like COUNTY to provide during the next Fiscal Year. CITY and COUNTY may agree to individualized levels of Service Details within the Animal Care Services selected. Requests for individualized levels of Service Details will only be considered by COUNTY if the resulting service level will not conflict with state or federal statutes and will not endanger public health. 2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of Intent which shall include, but not be limited to, a list of Animal Care Services, and individualized Service Details, if any, COUNTY agrees to provide, estimated costs for said services, and the start date for those services. COUNTY shall provide the Animal Care Services specified in the Animal Care Notice of Intent signed by both ADMINISTRATOR or designee, and an authorized representative of CITY. 3. Upon mutual AGREEMENT of CITY and COUNTY, COUNTY may prepare a new or CITY OF TUSTIN I of 7 EXHIBIT A Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 amended Animal Care Notice of Intent at any time, may change due dates specified in subparagraph II.A.1. and II.A.2. of Exhibit A to this AGREEMENT, and may modify the format of the Animal Care Notice of Intent attached to this AGREEMENT as Exhibit B. B. ANIMAL CARE SERVICES — COUNTY provides the following seven (7) categories of Animal Care Services. COUNTY shall provide to CITY the Animal Care Services specified on the most current, Animal Care Notice of Intent for the Fiscal Year, signed in accordance with subparagraph II.A.2. of this Exhibit A to the AGREEMENT. Each category of service includes Service Details which may be added or changed by ADMINISTRATOR upon six (6) months prior notification to CITY. However, any new Service Level Details not required by law and which were not contemplated or included in the Animal Care Notice of Intent approved by the PARTIES and in place at the time of the proposed change(s) shall require twelve (12) months prior notice to CITY, and CITY may opt in of the New Service Level Details. 1. ANIMAL CONTROL SERVICES — Animal Control Services include, but are not limited to, emergency response service; patrolling; impounding of stray animals and of owner -released animals; animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and impound fee collection for impounded animals; quarantine activities including home checks of animals involved in bites; site inspections required to comply with vicious dog ordinances; emergency transportation of injured, impounded animals to a veterinarian; impounding of deceased animals for disposal; responses to requests for assistance from law enforcement and CITY officials regarding suspected criminal activities or zoning violations related to animals; advice to residents regarding wildlife management or other animal concerns, not to include wildlife eradication or relocation services; injured wildlife pick-up; animal license issuance and renewal, fee collection and payment services; customer support regarding animal licensing; animal license billing; and delinquent animal license follow-up; assistance to residents regarding potentially dangerous and/or vicious animals; impound data entry; and impound animal photography. 2. ANIMAL CARE SPECIAL SERVICES a. Animal Care Special Services include, but are not limited to animal license issuance and renewal; fee collection and payment services; customer support regarding animal licensing; animal license billing; delinquent animal license follow-up; digital canvassing to locate and license unlicensed animals; inspection of animal -related businesses in CITY jurisdiction in response to complaints and in accordance with COUNTY established inspection schedules; and when applicable, issuance of animal permits for private homes. 3. ANIMAL CARE SHELTER SERVICES a. Animal Care Shelter Services for animals impounded by OC Animal Care include, but are not limited to, retention of impounded animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner identification; contact of owners when animals are wearing identification; sale or release of impounded animals to residents; animal evaluation for adoption; CITY of TUSTIN 2 of 7 EXHIBIT A Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 reasonable effort toward animal placement; public education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are neither redeemed nor adopted; veterinary services and spay/neuter surgeries consistent with standards established by the California Veterinary Medical Board; and necropsies on animals that die under suspicious circumstances or at the request of law enforcement. b. CITY may request additional retention days for healthy, non -aggressive impounded animals. Additional retention days will be offered to CITY upon written approval by COUNTY's OC Community Resources Director, or designee, on a space available basis only. c. COUNTY agrees to maintain its Shelter in a humane manner, keep said premises in a clean condition at all times, and use humane methods of care. d. No animals may be donated, sold or otherwise released for the purposes of experimentation, research or vivisection. 4. BARKING DOG COMPLAINT SERVICES — Barking Dog Compliant Services include, but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding barking dog complaints, issuance of citations, and administrative hearings in response to complaints received by COUNTY for barking dogs within jurisdiction of CITY. 5. STANDARD LICENSING SERVICES — Standard Licensing Services include, but are not limited to, animal license issuance and renewal, fee collection and payment services; customer support regarding animal licensing; animal license billing; and delinquent animal license follow-up. 6. CITY LICENSE SERVICES a. City License Services include, but are not limited to, issuance of CITY animal licenses at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY. COUNTY shall provide quarterly licensing reports to CITY. b. CITY shall make its best effort to provide updated animal licensing information to COUNTY. 7. ANIMAL IMPOUND SERVICES — Animal Impound Services include, but are not limited to, data entry of impound information for each live or deceased animal from CITY, impound animal photography for each live animal, owner notification of impounded animal, and posting of animal photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged by COUNTY. C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services. COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior notification given to CITY. D. Animals which are being retained for 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. CITY of TUSTIN 3 of 7 EXHIBIT A Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance from CITY, its officers, agents and employees. III. PAYMENTS A. BASIS FOR PAYMENT 1. CITY shall pay COUNTY the Net Cost of providing Animal Care Services specified in Animal Care Notice of Intent for CITY signed in accordance with subparagraph II.A. CITY Net Costs may include services/supplies procured but not yet delivered within the Fiscal Year. 2. The methodology for determining CITY's Actual Cost of Animal Care Services shall be provided to CITY annually in accordance with the Reports paragraph of this AGREEMENT. CITY shall adopt Animal Care Services fees consistent with the most recent animal care services fees approved by the County of Orange Board of Supervisors (the "COUNTY FEES") which fee amounts will be charged for Animal Care Services within CITY's jurisdiction and shall be used in determining CITY's Actual Cost of Animal Care Services. If CITY wishes to adopt fees which are different from the COUNTY FEES, CITY shall notify COUNTY of the applicable fee amounts to be charged for Animal Care Services within CITY's jurisdiction (the "CITY FEES") and CITY FEES will be charged for Animal Care Services within CITY's jurisdiction and shall be used in determining CITY's Actual Cost of Animal Care Services. 3. COUNTY shall record and retain all Fee Revenue derived from providing Animal Care Services to CITY. CITY's Fee Revenue shall be credited to CITY's Actual Cost of Animal Care Services. COUNTY shall have all fee collection powers of CITY and shall receive full cooperation from CITY to enable efficient enforcement of fee collection. B. PAYMENT SCHEDULE 1. Each Fiscal Year, CITY shall pay COUNTY in arrears for the Net Cost of Animal Care Services provided in accordance with the following payment schedule. Billings are due from COUNTY to CITY within thirty (30) calendar days following the three-month Period specified below. Period July 1 through September 30 October 1 through December 31 January 1 through March 31 April 1 through June 30 Billing Due Payment Due October 30 November 25 January 30 February 25 April 30 May 25 July 30 August 25 2. Because Actual Costs may fluctuate based on service utilization during a given billing period (e.g. a hoarding case), CITY shall be billed either in equal installments based on its Notice of Intent for that year, or based on actual utilization for the period, whichever is greater for the first three quarters of the year with the final, fourth quarter billed on actual utilization for the full year of services. CITY of TUSTIN 4 of 7 EXHIBIT A Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 3. If payment is not received by COUNTY by the payment due date specified above in subparagraph III.B. of Exhibit A to this AGREEMENT, COUNTY may cease providing any further service under this AGREEMENT and may satisfy the indebtedness in any manner prescribed by law. 4. COUNTY may modify the payment schedule upon six (6) months written notification to CITY. IV. CITY MANAGERS ASSOCIATION ANIMAL CARE COMMITTEE A subcommittee of the Orange County City Managers Association representing all cities participating in OCAC services exists to facilitate communication between OCAC and the city managers and staff of participating cities regarding financial and operational matters of OCAC, including, but not limited to: the assessment of cost options for animal care services provided under the Services Agreements; supplemental services or financial requests which result in a change to a participating city's Actual Cost; consideration of new or adjusted fees; and other Service Details which may arise during the course of the AGREEMENT. COUNTY shall provide regular updates on operations to the City Managers Association Animal Care Committee and to a participating city upon request. V. LAWS AND REGULATIONS A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services provided by COUNTY to CITY may be changed to comply with said laws, regulations, and requirements. ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact Animal Care Services provided through this AGREEMENT. B. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care Notice of Intent, CITY shall enact and maintain in full force and effect ordinances identical to COUNTY ordinances which apply to said service, including but not limited to, those related to fees. ADMINISTRATOR shall notify CITY of the deadline for adopting said ordinances. If COUNTY is unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend provision of one or all Animal Care Services to CITY or may terminate this AGREEMENT. It is the sole responsibility of CITY to immediately notify COUNTY of any discrepancy between relevant ordinances maintained by CITY and those maintained by COUNTY. D. If CITY wishes to maintain any relevant ordinance that is not consistent, on any point, with COUNTY ordinances, CITY shall immediately notify COUNTY of the discrepant ordinance. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of COUNTY animal care ordinances and may agree to enforce, and issue citations for violations pursuant to, the discrepant CITY ordinance. CITY acknowledges that individualized enforcement of unique CITY ordinances may result in increased costs to CITY. CITY of TUSTIN 5 of 7 EXHIBIT A Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 E. CITY shall notify COUNTY of its intent to add, amend, or delete any CITY animal care ordinance at least ninety (90) calendar days in advance of its addition, amendment, or deletion. F. CITY may request that specific ordinances adopted by CITY not be enforced in CITY by COUNTY. Requests for exclusion must be submitted in writing and received by COUNTY ninety (90) calendar days prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if they are not in conflict with state statutes and do not endanger public health. COUNTY shall notify CITY, in writing, of COUNTY's decision regarding the requested exclusion. G. COUNTY's OC Community Resources Director, or designee, may provide assistance to CITY in defining the manner in which enforcement of a new or amended animal care ordinance would be provided by COUNTY. Requests for assistance must be made in writing and received by COUNTY ninety (90) calendar days prior to the requested implementation of the service. If the cost of such service can be delineated and accommodated by COUNTY, COUNTY will send an amended Animal Care Notice of Intent to CITY which will include reference to the CITY ordinance. H. CITY will reimburse COUNTY for ordinance enforcement, as specified in the "PAYMENTS" paragraph of this AGREEMENT. VI. REPORTS A. Each Fiscal Year, COUNTY shall provide to CITY written, quarterly reports of Animal Care Services revenue and expenses for each period specified below. Said reports will be due to CITY within thirty (30) calendar days of the month following the reporting period, in accordance with the schedule below: Period Reports Due July 1 through September 30 October 30 October 1 through December 31 January 30 January 1 through March 31 April 30 April 1 through June 30 July 30 B. Each Fiscal Year, COUNTY shall provide the following Animal Care Services reports to CITY by July 30: 1. A payment methodology report for Animal Care Services to be provided by COUNTY during the next Fiscal Year and 2. A Fiscal Year intake and outcome report. C. COUNTY may change the due dates for reports specified in subparagraphs VLA. and VLB. above upon six (6) months written notification to CITY. D. No less than once every three (3) years, COUNTY shall engage an external auditor to review CITY billings. CITY of TUSTIN 6 of 7 EXHIBIT A Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 VII. RECORDS A. All records created or received by COUNTY in accordance with the performance of COUNTY services pursuant to this AGREEMENT are confidential. COUNTY agrees to keep said records in such form and manner as the Auditor -Controller of COUNTY shall specify. Said records shall be open for examination by CITY at all reasonable times. B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses of each CITY licensed animal 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. Prior to each disclosure, CITY agrees to complete and return to COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. 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. 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. // CITY of TUSTIN 7 of 7 EXHIBIT A Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF TUSTIN MAY 31, 2026 THROUGH MAY 30, 2031 ANIMAL CARE NOTICE OF INTENT This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: JULY 1, 2026 through JUNE 30, 2027. COUNTY agrees to provide to the City of TUSTIN the following Animal Care Services beginning JULY 1, 2026: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is «TOTAL_COST_». ® This is a new Animal Care Notice of Intent for the Period indicated above. ❑ This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above. Significant Changes Since the Previous Animal Care Notice of Intent: To the best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. City of Tustin Representative and Title OC Animal Care Director Date Date CITY OF TUSTIN I of I EXHIBIT B Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 OC ANIMAL CARE OC Animal Care 2026 CONTRACT RENEWALS THE TRUSTED SERVICES YOUR CITY ALREADY RELIES OKI • Daily, tailored enrichment for animals housed on OC Animal Care's 10-acre, state-of-the-art campus • Over 15,000 animals of various species admitted by OC Animal Care in 2025 • Daily adoptions 7 days a week • Daily on -site veterinary team led by a Chief Veterinarian and 3 full-time vets • Shelter team led by a certified dog training professional • Trusted 24/7 field response services • Robust community programs • Essential support programs like pet fostering and rescue partnerships • Pet education and adoption opportunities at your city events • Efficient pet licensing • City-wide business licensing • Streamlined animal permits • State -mandated rabies program Community members walk through adoptable dog viewing areas. IFIVE NEW CONTRACT PROVISIONS 1. One consolidated agreement instead of separate construction and service agreements 2. Five-year contract term length 3. Methodology for billing stabilization and monthly reports 4. New contract city opportunities 5. Opt -in for service category changes Working together, we are a trusted partner in public safety and anima, welfare. Docusign Envelope ID: B2942A1C-7706-82A5-815E-075EA3096335 OC ANIMAL CARE 2026 CONTRACT RENEWAL FAQs OC Animal Care What is the scoae and size of OC Animal Care? OC Animal Care is the largest municipal animal shelter in Orange County, providing services to 14 contract cities and County unincorporated areas. In 2025, OC Animal Care had a total live intake of 15,106 animals.12,388 of those animals were cats and dogs. What services does ..., Animal Care provide for each city' OC Animal Care provides 7 categories of Animal Care services, including field operations, licensing, animal permits, business licensing, barking dog ordinance enforcement, animal bite reporting, and shelter services. What is the dog save rate? The save rate for the shelter continues to be well above 90% for dogs, which is an industry benchmark and the goal the Board of Supervisors has set for the shelter. In 2025, the save rate for dogs was 94.26%. ""hat is ^C Animal Cc---- 2n hands'-1 As a municipal shelter, OC Animal Care's role as it relates to wildlife is limited with wildlife being regulated by the California Department of Fish and Wildlife. OC Animal Care responds to calls for assistance when wildlife is sick, injured, aggressive, or a threat to public safety. Our primary goal is to protect community health and safety while preserving the delicate balance of our local ecosystem. Will my city costs increase because of the new contract: No. The new contracts are based on the current service areas along with service levels, and since city costs are based on usage, the provisions in the new contract will not increase city costs. Are you recruiting new cities, and how does that affect the original charter Hnav OC Animal Care's 10-acre campus was designed to serve the charter cities and unincorporated County areas, and the shelter currently operates at full capacity. New city partnerships will be considered only if space becomes available or if there is a commitment to expand the facility. Charter cities retain ownership rights and are not required to fund startup costs for new partners. how are charter Cities' investments in ine snener campus oeing malntuineu: Any new city choosing to join the system would be responsible for related construction costs. If the city can be absorbed within the shelter's existing footprint, the new partner city would pay into a maintenance fund of 5% annually of their NOI for the first five years. What qualifications do the staff at OC Animal Care have' OC Animal Care staff is a team of trained professionals with backgrounds in shelter medicine, animal handling, enforcement, and shelter management. They hold qualifications ranging from entry-level animal care experience to specialized certifications, licenses, and supervisory expertise. What is unique about OC Animal Car, OC Animal Care combines regional scale, comprehensive programming, daily accessibility, and strong community outreach. This makes it not just a place for adoptions, but a hub for animal welfare, public safety, and education across Orange County.