HomeMy WebLinkAboutCORRESPONDENCE - Non-Agenda Orozco, Norma
From: Nikki Linn <mynikkilinn@gmail.com>
Sent: Monday, February 28, 2022 6:00 PM
To: Romina Y
Cc: eComment
Subject: Re: City Council Meeting Public Comment
Attachments: OCAC_NOI_2021-22.pdf, ATT00001.htm; OCAC_NOI_2020-21.pdf, ATT00002.htm;
SA+-OCAC-County of Orange - 2016.pdf, ATT00003.htm; OCAC - Open
Admission.02.28.22jpg; ATT00004.htm
Great job!!!!! I am utterly disgusted and angered by OCAC. Complete failure.
Nikki
Sent from my iPhone
On Feb 28, 2022, at 4:39 PM, Romina Y <romina.yamashiro84@gmail.com>wrote:
PUBLIC COMMENT for the City Council Meeting on Tuesday, March I st, 2022
Dear All,
As a Santa Ana resident and business owner, I am utterly disappointed with the lack
of services provided by OC Animal Care.
I am attaching the contract between the city of Santa Ana and OC Animal Care
executed in 2016 along with the required Notice of intent filed for 2020-21 and 2021-
22 -
A list of services OCAC (County) must provide is listed on pages 48-50 which
includes:
- Impounding of stray animals and of owner-released animals
- emergency transportation of injured animals, impounded animals to a veterinarian
- Advice to residents regarding other animal concerns
- Public display of animals
- Reasonable effort towards animal placement
- Veterinary services and spay/neuter surgeries
I am also attaching a screenshot of OCAC's website saying they are an "Open
Admission"
i
The Shelter has refused to take strays or healthy animals (cats) from the public on
several occasions with several witnesses to attest to this. They only take "injured or
dangerous" animals at the moment. At the moment has been for almost 2 years now.
Not only that but adoptions are per appointment only making the adoption process a
lot more difficult and witness accounts attest to having called the shelter and nobody
picks up the phone, being on hold for long periods of time, setting up an adoption
appointment, and having to wait outside for over an hour over their appointment time,
etc.
OCAC Continues to refuse to help the cat community with our TNR (Trap, Neuter,
Return) efforts in order to minimize or somewhat stabilize the feral and community
cat population. Even though this was a written agreement of the JVR strategic plan
paid by the county and used for the agreement to build their new 35$ million dollar
facility.
In summary, I would like the city of Santa Ana, its attorney and officials to look into
the contract in place with OC Animal Care and demand they actually perform their
services contracted for. They also failed to note the change in services provided in
their NOI submitted to the county and the cities. Perhaps it is time to re-evaluate the
contract in place.
Sincerely,
Romina Yamashiro
2
Orozco, Norma
From: Romina Y <romina.yamashiro84@gmail.com>
Sent: Monday, February 28, 2022 4:39 PM
To: eComment
Subject: City Council Meeting Public Comment
Attachments: OCAC_NOI_2021-22.pdf, OCAC_NOI_2020-21.pdf, SA+-OCAC-County of Orange -
2016.pdf, OCAC - Open Admission.02.28.22jpg
PUBLIC COMMENT for the City Council Meeting on Tuesday, March I st, 2022
Dear All,
As a Santa Ana resident and business owner, I am utterly disappointed with the lack of services
provided by OC Animal Care.
I am attaching the contract between the city of Santa Ana and OC Animal Care executed in 2016
along with the required Notice of intent filed for 2020-21 and 2021-22 -
A list of services OCAC (County) must provide is listed on pages 48-50 which includes:
- Impounding of stray animals and of owner-released animals
- emergency transportation of injured animals, impounded animals to a veterinarian
- Advice to residents regarding other animal concerns
- Public display of animals
- Reasonable effort towards animal placement
- Veterinary services and spay/neuter surgeries
I am also attaching a screenshot of OCAC's website saying they are an "Open Admission"
The Shelter has refused to take strays or healthy animals (cats) from the public on several occasions
with several witnesses to attest to this. They only take "injured or dangerous" animals at the
moment. At the moment has been for almost 2 years now. Not only that but adoptions are per
appointment only making the adoption process a lot more difficult and witness accounts attest to
having called the shelter and nobody picks up the phone, being on hold for long periods of time,
setting up an adoption appointment, and having to wait outside for over an hour over their
appointment time, etc.
OCAC Continues to refuse to help the cat community with our TNR (Trap, Neuter, Return) efforts
in order to minimize or somewhat stabilize the feral and community cat population. Even though
this was a written agreement of the JVR strategic plan paid by the county and used for the
agreement to build their new 35$ million dollar facility.
In summary, I would like the city of Santa Ana, its attorney and officials to look into the contract in
place with OC Animal Care and demand they actually perform their services contracted for. They
also failed to note the change in services provided in their NOI submitted to the county and the
cities. Perhaps it is time to re-evaluate the contract in place.
1
Sincerely,
Romina Yamashiro
2
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REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
APRIL 19, 2016
TITLE; APPROVED
® As Recommended
AGREEMENTS WITH THE COUNTY 0 As Amended
OF ORANGE FOR ANIMAL CARE [I Ordinance on , Leading
❑ Ordinance on 2"d Reading
SERVICES AND NEW SHELTER ❑ Implementing Resolution
CONSTRUCTION (STRATEGIC PLAN ❑ Set Public Hearing For
GOAL NO. 1, 5)
CONTINUED TO
V FILE NUMBER
CITY MANA R
RECOMMENDED ACTION
1. Authorize the City Manager and Clerk of the Council to execute the attached ten-year
participation agreement with the County of Orange for the construction of a new County
animal shelter, for the period of April 19, 2016 through July 1, 2026, in an amount not to
exceed $7,141,377, subject to non-substantive changes approved by the City Manager
and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute the attached ten-year
agreement with the County of Orange for the provision of animal care and shelter services,
for the period of April 19, 2016 through June 30, 2026, in an amount not to exceed
$12,305,730, subject to non-substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
On January 6, 2003, the Council approved actions to transition the operation of the City's animal
shelter and related services to the County of Orange Animal Shelter as a contracted service. At
that time, City staff evaluated several options to provide animal care shelter services. It was
determined that contracting with the Orange County Animal Shelter was the most cost effective
means of providing quality service to the City.
On March 24, 2016, Orange County Community Resources notified the City Manager's Office of
the County's decision to move forward with the construction of a new Animal Care Shelter. Given
the conditions of the aging shelter, the County will be expediting the construction of the new
facility with an expected completion date of Fall 2017. The new facility will be constructed over a
10-acre parcel at the former Marine Corps Air Station Tustin Base for an estimated $35 million.
25C-1
County of Orange Animal Services Agreements
April 19, 2016
Page L
The cost of the new facility will be shared amongst all participating cities. As such, the County is
requesting that cities who wish to engage services at new Animal Care Shelter to commit and
execute a Participation Agreement and Agreement for Provision of Animal Care Services by April
30, 2016. No cities will be added for a three-year period following the execution of the
agreements.
As part of our due diligence, Police Department staff contacted animal care shelters from
surrounding communities and has determined that other than the County of Orange Animal Care
Shelter, no other animal care shelter in the County has the capacity to address Santa Ana's
animal care needs. The animal care facilities that City Staff contacted include:
• Irvine Animal Care Center
• Laguna Beach Animal Shelter
• Orange County Humane Society (in Huntington Beach)
• Westminster Animal Care Center
• Mission Viejo Animal Services Center
• Dana Point Animal Shelter (in San Clemente)
Participation Agreement
The proposed ten-year Participation Agreement will cover the period of April 19, 2016 through
July 1, 2026 with an estimated total cost of $7,141,377. The new animal shelter facility is a
scalable project. As such, the County can adjust the size of the proposed facility based on the
final number of participating contract cities. The City's participation amount may change
depending on the final number of participating cities. The maximum animal shelter cost is based
on a $35M facility with the County contributing the first $5M (plus the land) toward costs incurred
after April 1, 2016. The remaining $30M will be divided proportionally among cities based on the
previous five years of shelter usage. If at any time the County elects to discontinue providing
animal sheltering services, the cities have an option to take over the operation of the shelter from
the County under a ground lease arrangement. This option is available for 50 years.
Animal Care Services Agreement
The proposed ten-year Animal Care Services Agreement will cover the period of April 19„ 2016
through June 30, 2026 with an estimated total cost of $12,305,730, The estimated total cost
does not include potential inflation adjustments and is solely based on the projected cost of
$1,230,573 for the 2016-17 fiscal year. The County will communicate any and all future cost
adjustments for the provision of animal care services. The City currently utilizes a hybrid
approach to providing animal services. The County provides animal shelter services and the City
performs licensing and animal patrol services. The City's current 2015-16 fiscal year animal care
services agreement is estimated at $1,135,400.
Staff recommends the approval of the Participation Agreement and the Animal Care Services
Agreement to ensure timely execution of both agreements by April 30, 2016, and secure
uninterrupted animal care services from the Orange County Animal Care Shelter.
25C-2
County of Orange Animal Services Agreements
April 19, 2016
Page 3
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal # 1 - Community Safety, Objective
#5, (provide high quality Police and Fire/Emergency Medical Services response within the City of
Santa Ana)
FISCAL IMPACT
Funds for the Animal Services agreement will be appropriated in the Police Department's Animal
Services contract services account (no. 01114430 62300) for the fiscal years 2016-17 through
FY 2026-27.
Funding for fiscal year 2016-17 Participation Agreement will be allocated after completion of the
fiscal year 2015-16 audit and certification of the final account balances. Identification of funding
is expected to be completed in December 2016 and at that time Council consideration and
approval will be sought for the fiscal year 2016-17 estimated payment totaling $535,603.21.
Funding for the Participation Agreement for fiscal years 2017-18 through 2026-27 will be
budgeted and available in the Police Department's Animal Services contract services account
(no. 01114430 62300) totaling approximately $6,605,772.90.
Participation Agreement Animal Services
Estimate Estimate
FY 2016-17 535,603.21 1,230,573
FY 2017-18 714,137.61 1,230,573
FY 2018-19 714,137.61 1,230,573
FY 2019-20 714,137.61 1,230,573
FY 2020-21 714,137.61 1,230,573
FY 2021-22 714,137.61 1,230,573
FY 2022-23 714,137.61 1,230,573
FY 2023-24 714,137.61 1 ,230,573
FY 2024-25 714,137.61 1,230,573
FY 2025-26 714,137.61 1,230,573
FY 2026-27 178,534.40 0
7,141,376,11 12,305,730
25C-3
Agreement with County of Orange for Animal Care Services and New Shelter
April 19. 2016
Page
APPROVED AS TO FUNDS AND ACCOUNT:
Carlos RcJas
Francisco Gutierrez
Chief of Police Executive Director
Santa Ana Police Department Finance and Management Services Ag ncy
Attachments: Exhibit 1 - Participation Agreement
Exhibit A -OC Animal Care Facility Site Parcels
Exhibit E Initial Design Concept.
Exhibit C Proposal to Ground Lease
Exhibit D - Maximum Construction Costs and Participation Formula
Exhibit E M Quarterrly Payment Schedule
Exhibit F- Animal Services Agreement(Sample)
Exhibit 2 - Animal Services Agreement
Exhibit 3 - CC Anlmal Care Services Summary of Major Terms
Exhibit 4- Orange County Community Resources letter
25C-4
EXHIBIT I
25C-5
i
PARTICIPATION AGREEMENT
This PARTICIPATION AGREEMENT, dated for reference as of
2016 (the "AGREEMENT"), is by and among the COUNTY OF ORANGE (the
"COUNTY"), and the cities of[Participating cities subject to change] ANAHEIM,
BREA, CYPRESS, FOUNTAIN VALLEY, FULLERTON, GARDEN GROVE, f
HUNTINGTON BEACH, LAGUNA HILLS, LAKE FOREST, ORANGE,
PLACENTIA, RANCHO SANTA MARGARITA, SAN JUAN CAPISTRANO, SANTA
ANA, STANTON, TUSTIN, VILLA PARK, and YORBA LINDA (each, a "CITY,"
and collectively, the "CITIES" and, together with the County, the "PARTIES").
RECITALS
I
A. WHEREAS, COUNTY and each CITY are, or concurrent with the execution of this j
AGREEMENT, will become, parties to an Agreement for Provision of OC Animal
Care Services (the "SERVICES AGREEMENTS"), pursuant to which COUNTY
provides animal care services ("SERVICES") in the jurisdictional boundaries of the
signatory cities, and;
B. WHEREAS, COUNTY provides the SERVICES to the CITIES, as well as to the '
unincorporated areas of the COUNTY, through OC Animal Care ("OCAC"), and;
C. WHEREAS, COUNTY owns, and through OCAC operates, an animal care shelter
facility at 561 The City Drive South, Orange, California (the "E,XTSTING
SHELTER"), and;
D. WHEREAS, the PARTIES agree that, owing to the age and condition of the EXISTING
SHELTER, it is now desirable to construct a new facility(the "NEW SHELTER") in
which to provide enhanced shelter and care services which will benefit the citizens of
each of the PARTIES, and,
I
E. WHEREAS, the PARTIES acknowledge that the construction of the NEW SHELTER will E
impact the operational costs of providing SERVICES pursuant to the SERVICES
AGREEMENTS, which costs are shared among the parties in proportion to their usage of
the SERVICES; and
F. WHEREAS, each PARTY agrees that the construction of the NEW SHELTER is a
benefit to, and necessary to meet the social needs of, each PARTIES' respective
citizens, and, therefore, the PARTIES desire to enter into this AGREEMENT to set
I
25C-6
forth teens governing the constriction of the NEW SHELTER and the allocation
among the PARTIES, and the method of payment of, the increased costs of
SERVICES resulting from the construction of the NEW SHELTER.
i
NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual {
covenants and conditions contained herein and other consideration, the value and {
adequacy of which are hereby acknowledged, the PARTIES agree as follows:
1. Design & Construct
i
i
1.1. COUNTY Responsibilities: COUNTY shall be responsible for the design;
preparation of all studies, analyses and documents necessary to deliver the NEW
SHELTER, including any CEQA environmental documentation; obtaining all
permits; administration; and construction of the NEW SHELTER.
1.2. Site: Construction of the NEW SHELTER is sited for the 10 acre area of land
on the Old Tustin Air Force Base located at the 1500 block of Armstrong
i
Avenue in Tustin, CA and identified on Exhibit A, attached hereto (the "SITE").
k
I
1.3. Design Concept: COUNTY has developed the initial design concept of the
NEW SHELTER, attached hereto as Exhibit B. The design of the NEW
SHELTER is scalable based on usage needs. COUNTY shall use best efforts to
scale the final design of the NEW SHELTER to a size reasonably appropriate i
for the total requirements of those CITIES that elect to be parties to this
AGREEMENT. i
E
1.4. Project Development: COUNTY has or shall retain the services of a licensed
design-build contractor("CONTRACTOR") to perform further design and all
engineering, planning, preparation of plans and specifications, and complete
construction of the NEW SHELTER, including construction management and
post-construction activities, pursuant to a written agreement between COUNTY
and CONTRACTOR, as the same may be amended from time to time (the
"CONSTRUCTION CONTRACT").
1.5. Design Advisory Board: COUNTY shall establish a Design Advisory Board
(the"DESIGN ADVISORY BOARD") to provide input to COUNTY regarding
the design of the NEW SHELTER. COUNTY shall, in good faith, reasonably
consider the input of the DESIGN ADVISORY BOARD in making
COUNTY'S determinations regarding the design of the NEW SHELTER.
2
25C-7
1
I
!
Nevertheless, COUNTY is not bound to follow the recommendations of the
DESIGN ADVISORY BOARD and the ultimate determination as to the
design of the NEW SHELTER rests entirely with COUNTY. The DESIGN
ADVISORY BOARD shall consist of at least three staff members from the City
Managers Association Animal Care Committee referenced in Paragraph IV of
i
Exhibit A of the SERVICES AGREEMENT. At least two (2) of the staff
members shall be chosen collectively by those CITIES whose shelter usage each
individually constituted more than eight percent (8%) of total usage of the
EXISTING SHELTER for fiscal year 2014/2015. The third staff member shall
be chosen by mutual agreement of the remaining CITIES. j
1.6. Use of NEW SHELTER. The completed NEW SHELTER shall be owned by I
COUNTY and 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 NEW SHELTER for animal
sheltering purposes prior to December 31, 2066, COUNTY shall offer to those
CITIES then currently contracting with COUNTY to receive SERVICES
pursuant to a SERVICES AGREEMENTS the opportunity to lease the NEW
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 SOCCCD pursuant to the
Ground Lease to be entered into between COUNTY and SOCCCD pursuant
to the LETTER OF INTENT defined below (the "GROUND LEASE").
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 (ISO)
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 NEW
SHELTER for animal sheltering purposes. The option provided herein shall be
contingent upon the GROUND LEASE not terminating by its terms prior to
3
25C-S
!
COUNTY obtaining fee hold possession of the SITE. 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. Upon execution of the GROUND LEASE, COUNTY and CITIES shall
consult regarding any assistance CITIES can provide to facilitate and expedite
conveyance of the SITE to COUNTY.
1.7. Contingency: All obligations created by this Agreement are contingent upon
the full execution of the GROUND LEASE and receipt of possession of the
SITE by COUNTY. E
2, Construction Costs Allocation
2.1 Total Costs: Total cost of NEW SHELTER construction shall include: a) all
design development costs; b) all costs incurred by COUNTY pursuant to the
CONSTRUCTION CONTRACT; c) all site preparation costs; d) all costs of
fixtures; e) all costs incurred by COUNTY under the Amended and Restated
Agreement for the Exchange of Real Property to be entered into between
COUNTY and the South Orange County Community College District (the
"SOCCCD")pursuant to the Letter of Intent Regarding the Proposal to Ground
Lease SOCCD Exchange Parcel to County of Orange For Development as
Animal Care Ccnter/Amendment of County-SOCCCD Land Exchange
Agreement, which Letter of Intent is attached hereto as Exhibit C (the
"LETTER OF INTENT"), as the same may be amended from time to time, as
well as any costs incurred pursuant to the LETTER OF INTENT itself; and f)
any and all other costs incurred by COUNTY for any construction or
construction related activity on the Site incurred in connection with the NEW
SHELTER (the "ACTUAL CONSTRUCTION COSTS"). The maximum
I
amount to be paid hereunder as ACTUAL CONSTRUCTION COSTS is set
forth on Exhibit D, attached hereto (the"MAXIMUM CONSTRUCTION
COSTS"). Upon completion of the NEW SHELTER, COUNTY shall provide
CITIES with a full accounting of the application of all funds spent on ACTUAL
CONSTRUCTION COSTS.
I
2.2 COUNTY's Contribution: COUNTY shall contribute toward the construction
of the NEW SHELTER the land upon which the NEW SHELTER shall be
constructed and five million dollars ($5,000,000.00) to be applied toward
4
25C-9
MAXIMUM CONSTRUCTION COSTS. Any COUNTY finds paid by f
COUNTY toward ACTUAL CONSTRUCTION COSTS on or after the
execution of this AGREEMENT shall count toward the $5,000,000 to be
contributed by COUNTY and will be applied toward costs of construction as
necessary to cover any discrepancy between available CITY payment funds and
ACTUAL CONSTRUCTION COSTS as they become due and payable.
2.3 CITIES' Contribution. The remainder of MAXIMUM CONSTRUCTION
COSTS beyond the five million dollars {$5,000,000.00)paid by COUNTY
("CITIES' SHARE OF MAXIMUM CONSTRUCTION COSTS") will be
divided among the CITIES based on the formula set forth in Exhibit D, attached
hereto. Each CITY'S respective percentage share of CITIES' SHARE OF
MAXIMUM CONSTRUCTION COSTS, as determined by said formula, is also
set forth on Exhibit D. On that date which is five(5) years after the fall
execution of this AGREEMENT, each CITY'S respective percentage share of
CITIES' SHARE OF MAXIMUM CONSTRUCTION COSTS shall be
recalculated based on the same formula as set forth in Exhibit D but using then
current statistical data. If any CITY'S respective percentage share of CITIES'
SHARE OF MAXIMUM CONSTRUCTION COSTS is altered by the
recalculation by more than five percentage points,then each CITY'S total share
of CITIES' SHARE OF MAXIMUM CONSTRUCTION COSTS shall be
recalculated so that the originally calculated percentage shall be applied to one
3
half of CITIES' SHARE OF MAXIMUM CONSTRUCTION COSTS and the
recalculated percentage shall be applied to the second half of CITIES' SHARE
OF MAXIMUM CONSTRUCTION COSTS, All future payments owed by
each CITY shall be adjusted based on the results of the recalculation of each
such CITY'S total share of CITIES' SHARE OF MAXIMUM
CONSTRUCTION COSTS. If said adjustment results in a reduction in the
amount owning by any CITY that, as of that time,has already fiilly paid its
share of the MAXIMUM CONSTRUCTION COSTS, such reduction shall be
credited as an offset against future charges, if any,under such CITY'S
SERVICES AGREEMENT. If said adjustment results in an increase in the
amount owning by any CITY that, as of that time, has already fully paid its
previously calculated share of the MAXIMUM CONSTRUCTION COSTS, the
amount of such increase shall be due and payable pursuant to the same payment
schedule as those CITIES that have not elected to prepay their share of
MAXIMUM CONSTRUCTION COSTS, subject to the same prepayment
option. COUNTY shall, upon request of a CITY, provide the requesting CITY
with copies of the data and documents used to calculate each CITY's percentage
5
2sc-10
share of CITIES' SHARE OF MAXIMUM CONSTRUCTION COSTS. i
2.4 Payment Schedule: Each CITY shall pay its full share of CITIES' SHARE OF
MAXIMUM CONSTRUCTION COSTS, in addition to costs to be paid in
accordance with such CITY'S SERVICES AGREEMENT, in consideration of
each such CITY'S continuing right to use the NEW SHELTER or the
i
EXISTING SHELTER or any replacement of the NEW SHELTER or the
EXISTING SHELTER (together, or any one of them, "SHELTERS")pursuant
to the terms of its SERVICES AGREEMENT. Each CITY'S annual obligation
to make the payments required hereunder is contingent on the COUNTY
making available to such CITY, for the respective year, the use of SHELTERS
pursuant to the terms of such CITY'S SERVICES AGREEMENT. At the
election of each individual CITY, payment of the amounts owing hereunder may
be made in advance of use or may be made over the ten (10) year term of the f
SERVICES AGREEMENTS in accordance with the Payment Schedule,
attached hereto as Exhibit E (the"PAYMENT SCHEDULE"). For CITIES
I
electing not to pay in advance of the scheduled payment, the annual amount
each such CITY shall owe hereunder shall be increased by the formula shown
on the PAYMENT SCHEDULE as the "ADDITIONAL FUNDING COST." '
The higher payment amount to be paid by CITIES not electing to pay in advance
represents the cost to the COUNTY of the lost value overtime of the money paid
by COUNTY toward ACTUAL CONSTRUCTION COSTS beyond the
$5,000,000 provided for above. The amounts indicated on the PAYMENT
SCHEDULE further include costs to be incurred by the relevant CITY for each
thirty(30) day period that any payment is overdue. Each CITY
acknowledges that the construction and availability of SHELTERS for
use by each CITY over the term of such CITY'S SERVICES
AGREEMENT is a substantial benefit to such CITY. In the event any
CITY refuses to receive SERVICES from COUNTY in violation of the
terms of such CITY'S. SERVICES AGREEMENT despite being offered
such SERVICES by COLTNTY, or in the case of a default or failure to
pay its cost share in accordance with this AGREEMENT, each CITY
remains obligated to pay to COUNTY its outstanding payments
hereunder as they become due and payable and COUNTY may take any
legal action as appropriate to obtain such payment. Further, the
PARTIES acknowledge that the payments owing hereunder do not
reduce or offset amounts owing pursuant to the SERVICES
AGREEMENTS.
6
25C-11
3. Participation of New Cities After Commencement of Construction. After full execution
of this AGREEMENT, no city will be added to the OCAC SERVICES program for a
period of three (3) years from the date first set forth above, to allow for appropriate
sizing and establishment of operational protocols for the NEW SHELTER. If a new
city elects to participate in the OCAC SERVICES program after the three (3) year
period indicated above, and COUNTY elects to provide SERVICES to such city, such
city will be required to pay a pro rata portion of the MAXIMUM CONSTRUCTION
COSTS based on the formula set forth in Exhibit D. Any new participating cities'
contributions pursuant to this section will be applied first toward any necessary
3
expansion of the NEW SHELTER and the remainder will be deposited into a shelter
maintenance and repair fund (the "SHELTER MAINTENANCE FUND"). COUNTY
shall establish a separate project fund account for all funds allocable to the SHELTER
MAINTENANCE FUND and shall not commingle any other funds in said account. It is
the intention of the PARTIES that any funds contained in the SHELTER
MAINTENANCE FUND be exhausted prior to any additional contributions by the
PARTIES toward post-construction shelter upgrades or capital improvements. Prior to
contracting to provide SERVICES to a new city, COUNTY shall consult with those
CITIES then currently contracting with COUNTY to receive SERVICES pursuant to a
SERVICES AGREEMENT. COUNTY shall in good faith consider the input of those
cities in malting COUNTY'S determination as to whether to provide SERVICES to the
proposed new city. Nevertheless, COUNTY is not bound to follow the
recommendations of those cities and the ultimate determination as to whether to
provide SERVICES to the proposed city rests entirely with COUNTY.
E
4. NEW SHELTER Account; Deposit of Funds. Upon the execution of this AGREEMENT,
i
COUNTY shall establish a separate capital project fund account for all funds of the {
PARTIES which are to be applied toward ACTUAL CONSTRUCTION COSTS for the
NEW SHELTER (the"NEW SHELTER ACCOUNT") and shall not commingle any other
funds in said account. Funds payable by any CITY as an additional cost unposed due to
late payment, or that are allocable to COUNTY to reimburse COUNTY for any COUNTY
funds spent on ACTUAL CONSTRUCTION COSTS beyond the $5,000,000
provided for above, or that are to reimburse COUNTY for the lost value over time of the
money paid by COUNTY toward ACTUAL CONSTRUCTION COSTS beyond the
$5,000,000 provided for above, shall not be paid into the NEW SHELTER ACCOUNT but
shall be paid directly to COUNTY for COUNTY'S sole use.
5. Allocation of Excess Funds. Upon final completion of the NEW SHELTER, issuance of a
certificate of occupancy, payment of all ACTUAL CONSTRUCTION COSTS, and
payment of all amounts due pursuant to this AGREEMENT, any unused fiends remaining in
7
25C-12
the NEW SHELTER ACCOUNT,but not exceeding an amount equal to the difference
between total ACTUAL CONSTRUCTION COSTS incurred and MAXIMUM
E
CONSTRUCTION COSTS, shall be credited to those CITIES then obtaining SERVICES
from COUNTY against future charges under each such CITY'S SERVICES
AGREEMENT based on the same percentages that each such CITY paid of the CITIES'
SHARE OF MAXIMUM CONSTRUCTION COSTS. Any funds not distributed in
accordance with the previous sentence shall be deposited into the SHELTER
MAINTENANCE FUND. {
6. Operational Commitment. Concurrent with the execution of this AGREEMENT, each
CITY shall enter into a new, amended SERVICES AGREEMENT with COUNTY in
the form attached hereto as Exhibit F (the "AMENDED SERVICES AGREEMENT").
The operational cost for SERVICES owing pursuant to the AMENDED SERVICES
AGREEMENTS, calculated with respect to each CITY and unincorporated COUNTY j
area, shall include, together with all other annual costs of operation of OCAC, all rental
costs, if any, under the Ground Lease to be entered into between COUNTY and
SOCCCD pursuant to the LETTER OF INTENT. All PARTIES acknowledge that the
division of all operational costs among the PARTIES allows for costs efficiencies and
operational savings to each PARTY and that each PARTY has entered into this
AGREEMENT and its AMENDED SERVICES AGREEMENT in reliance on such
shared costs and resulting savings. Each CITY, to provide assurance of such continued
cost efficiencies to each remaining PARTY, hereby expresses its commitment to
procure SERVICES from COUNTY for a period of 10 years and acknowledges the
financial burden that any breach of this commitment would have on all other I
PARTIES. To that end the AMENDED SERVICES AGREEMENTS shall each
provide for a 10 year term of service.
7. Defaults and Remedies.
I
7.1. Defaults. The failure by any PARTY to perform any of its obligations set forth in
this AGREEMENT shall constitute a default of this AGREEMENT. Except as
required to protect against further damages, the nondefaulting PARTY may not
institute legal proceedings against the PARTY in default until the nondefaulting
PARTY has provided the defaulting PARTY notice of the default and the
following applicable cure period has expired: (i) the cure period for any monetary
default shall be fifteen (1 S) calendar days after the defaulting PARTY'S receipt of
written notice from the nondefaulting PARTY that such obligation was not
performed; and (ii) the cure period for any other default shall be thirty(30) days
8
25C-13
after the defaulting PARTY'S receipt of written notice from the nondefaulting
PARTY that such obligation was not performed.
7.2. Remedies Upon Default. Upon the occurrence of any default and after the
defaulting PARTY has received written notice of default and the time period to
cure the default has expired, the nondefaulting PARTY may at its option pursue i
damages or specific performance or other legal and equitable remedies the injured
PARTY may have against the defaulting PARTY in accordance with applicable
law. Should any CITY fail to pay any payment due by that CITY hereunder,
COUNTY may take any action as is appropriate to obtain such payment. Nothing
herein shall be construed as COUNTY'S exclusive remedy for the remediation of I
default by a CITY or CITIES, and COUNTY reserves the right to pursue any and
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all available rights and remedies at law or in equity.
7.3. Non-refund of Contributions. The payments made by all PARTIES pursuant to
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this AGREEMENT shall be used for completion and maintenance of the NEW
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SHELTER in the manner described herein and all PARTIES acknowledge and
agree that the completion and maintenance of the NEW SHELTER, as well as the
completion of each phase of construction activity and each construction milestone
under the CONSTRUCTION CONTRACT, provides an immediate benefit to
each PARTY and that no payments made pursuant to this AGREEMENT shall be '
refunded for any reason other than pursuant to the last sentence of Section S.La.
S. Results of Nonpayment by any CITY.
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8.1. Adjustment of Payments Upon Nonpayment:
a) All PARTIES acknowledge that the failure of any CITY to pay any
amount hereunder will result in an increase in the operational costs of sheltering I�
SERVICES to be divided among all other CITIES. To that end, in the event
any CITY fails to pay, for any other reason, any amount to be paid by that
CITY under this AGREEMENT, within fifteen (15) days of when such
payment is due, the amount of such nonpayment will be apportioned
among the remaining CITIES such that the remaining CITIES' will be
responsible to pay such unpaid amount. The amounts paid by the
remaining CITIES pursuant to this section will be applied in the following
order: first to replenish any COUNTY funds spent on ACTUAL
CONSTRUCTION COSTS that would have been paid by funds owed by
the nonpaying CITY, second to pay any other amounts due to COUNTY
by the nonpaying CITY pursuant to this AGREEMENT, and the
9
25C-14
remainder to pay ACTUAL CONSTRUCTION COSTS as they come due.
Should the non-paying CITY pay any portion of the amount owing, the
increased cost paid pursuant to this subsection by the remaining CITIES
will be reimbursed to the extent of the amount of such repayment. This
section shall apply to each payment obligation owed and not paid by any f
CITY as it becomes due and payable and shall not result in any
acceleration of the full amount payable by the nonpaying CITY over the
term of this AGREEMENT. In the event any CITY should default in its
obligations under this AGREEMENT and no longer obtain sheltering
SERVICES from COUNTY, COUNTY shall consult with all CITIES then
obtaining SERVICES from COUNTY to discuss methods of cost
reduction that may be made available as a result of such reduction in
sheltering SERVICES usage.
b) It is the intention of all PARTIES that no fiinds provided by any
PARTY under this AGREEMENT shall be reimbursed for any other reason than
that set forth in the last sentence of the foregoing subsection (a). If, pursuant to
judicial action or threat thereof, any funds are reimbursed under this
AGREEMENT to any CITY, other than pursuant to the last sentence of the
foregoing subsection (a), the remaining CITIES' will be responsible to pay
to the COUNTY the reimbursed amount.
c) Each CITY's proportional share of any amounts required to be paid by
CITIES pursuant to this section shall be determined based on the formula set forth
on Exhibit D. Each CITY'S resulting incremental increase in contribution
will be due within thirty (30) days of notification by the COUNTY to the
participating CITIES of the increased amount owing. The obligation of
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CITIES to pay increased amounts under this Section 8 is not intended to
be an exclusive remedy. COUNTY reserves the right to take any action as
is appropriate to obtain payment from any non-paying CITY.
Additionally, each CITY paying increased costs pursuant to this Section 8,
shall have and retain the right to take any action at law or equity as is
appropriate to obtain reimbursement of such increased payment amounts
from the non-paying CITY.
8.2. Impact of Nonpayment upon SERVICES AGREEMENT. In the event any
CITY fails to pay, for any reason, any amount to be paid by that CITY
under this AGREEMENT, such failure shall constitute a default under the
nonpaying CITY's SERVICES AGREEMENT and COUNTY shall have
10
25C-15
the right to immediately terminate such SERVICES AGREEMENT, at its j
discretion.
9. Status of COUNTY as Independent Contractor. COUNTY is, and shall at all times be
deemed to be, an independent contractor. Nothing herein contained shall be construed as
creating the relationship of employer and employee, or principal and agent, between any
CITY and COUNTY or any of COUNTY's agents or employees. COUNTY shall retain all
authority for rendition of services, standards of performance, control of personnel, and I
I
other matters incident to the performance of services by COUNTY pursuant to this
Agreement. COUNTY, its agents and employees shall not be considered to be CITY
employees.
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10, Goveming 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.
11. Tenn and Termination: This AGREEMENT shall be effective from the date first set �
forth above until each PARTY has made the last payment required under this
AGREEMENT, provided that the rights granted with respect to the option created
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pursuant to Section 1.6 shall continue in accordance with the terms of Section 1.6.
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12. Amendments/Entire Agreement: Amendments to this AGREEMENT must be in
writing and approved by the governing body of each PARTY. This AGREEMENT is
the entire agreement among the parties with respect to the construction of the NEW
SHELTER and it supersedes any prior written or oral agreements with respect to the i
subject. Any and all exhibits that may be referred to in this AGREEMENT are by such
references incorporated in this AGREEMENT and made a part hereof.
13. Severability. If any provision of this AGREEMENT, or the application thereof, to any i
extent, is held by a court of competent jurisdiction to be invalid, void or unenforceable,
I
such provision, to the extent it is valid and enforceable, and all other remaining provisions
hereof shall remain in full force and effect, to the fullest extent possible, and shall in no
way be affected, impaired or invalidated thereby to the extent such provisions are not
rendered impractical to perform taking into consideration the purposes of this
11
25C-16
AGREEMENT.
14. 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.
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15. Interpretation. This AGREEMENT has been negotiated at arm's length and between
persons sophisticated and knowledgeable in the matters dealt with in this AGREEMENT.
In addition, each PARTY has been represented by experienced and knowledgeable
independent legal counsel of its own choosing or has knowingly declined to seek such
counsel despite being encouraged and given the opportunity to do so. Each PARTY further
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acknowledges that is has not been influenced to any extent whatsoever in executing this
AGREEMENT by the other PARTIES hereto or by any person representing the other
PARTIES, or both. Accordingly, any rule or law (including California Civil Code Section
1654) or legal decision that would require interpretation of any ambiguities in this
1
AGREEMENT against the PARTY that has drafted it is not applicable and is waived. The
I
provisions of this AGREEMENT shall be interpreted in a reasonable manner to affect the
purpose of the PARTIES and this AGREEMENT,
E
16. Consent to Breach Not Waiver. No tenn or provision of this AGREEMENT shall be
deemed waived and no breach excused, unless such waiver or consent shall be in writing
and signed by the PARTY claimed to have waived or consented. Any consent by any
PARTY to, or waiver of, a breach by the other, whether express or implied, shall not
i
constitute consent to, waiver of, or excuse for any other different or subsequent breach.
17. Authority. The PARTIES to this AGREEMENT represent and warrant that this
AGREEMENT has been duly authorized and executed and constitutes the legally binding
obligation of their respective organization or entity, enforceable in accordance with its
terms.
18. Hold Harmless. Each CITY shall hold harmless, indemnify, and defend COUNTY, its
officers, employees, and agents from and against any and all claims, suits, or actions of
every kind brought for or on account of injuries to or death of any person or damage to
any property of any kind whatsoever and to whomsoever belonging which arise out of
such CITY'S failure to fulfill any payment obligations of such CITY arising pursuant
to this AGREEMENT. COUNTY shall hold harmless, indemnify, and defend each
CITY, its officers, employees, and agents from and against any and all claims, suits, or
actions of every kind brought for or on account of injuries to or death of any person or
damage to any property of any kind whatsoever and to whomsoever belonging which
12
25C-17
arise out of the performance or nonperformance of COUNTY's covenants and
obligations under this AGREEMENT and which result from the actively negligent or
wrongful acts of COUNTY or its officers, employees, or agents. This provision requiring
COUNTY to hold harmless, indemnify, and defend each CITY shall expressly not apply to
claims, losses, liabilities, or damages arising from actions or omissions, negligent or
otherwise, of any independent contractor providing services pursuant to a contract with the
COUNTY. In the event of concurrent negligence of the COUNTY, its officers, or
employees, and any CITY, its officers and employees, then the liability for any and all
claims for injuries or damages to persons and/or property or any other loss or cost which
arises out of the terms, conditions, covenants or responsibilities of this AGREEMENT shall
be apportioned in any dispute or litigation according to the California theory of
comparative negligence.
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19. Appropriations, During the term of this AGREEMENT, for each fiscal year, each CITY
shall make every effort to adopt all necessary budgets and make all necessary j
appropriations for all payments due hereunder. The covenant contained in this Section 19
shall be deemed to be, and shall be construed to be, contingent upon the continuing offer by
COUNTY to provide SERVICES and use of SHELTERS to each individual CITY. To the
extent COUNTY offers the provision of SERVICES and use of any SHELTERS to any
CITY, the continued responsibility of such CITY to make all payments required hereunder
shall be a duty imposed by law and it shall be the duty of each and every public official of
each CITY to take such actions and do such things as are required by law in performance of
the official duty of such officials to enable the CITY to carry out and perform the covenants
contained in this Section 19. All PARTIES acknowledge that the construction,
maintenance and availability of SHELTERS for the provision of services to all
PARTIES and the division of the costs of constructing and maintaining such
SHELTERS among the PARTIES allows for costs efficiencies and significant savings
to each PARTY and that each PARTY has entered into this AGREEMENT and its
SERVICES AGREEMENT in reliance on such shared costs and resulting savings.
Each PARTY, to provide assurance of such cost efficiencies to each remaining
PARTY, hereby expresses its commitment to fulfill its stated obligations under this
AGREEMENT regardless of the term of the AGREEMENT overlapping more than one
fiscal year and acknowledges the financial burden that any breach of the terms of this
AGREEMENT will have on all other PARTIES.
20. Assignability. Except as otherwise expressly provided for herein, no PARTY shall assign
I
any of its obligations or rights hereunder without the consent of all other PARTIES.
13
25C-18
21. Execution in Counterpart. This AGREEMENT may be executed in counterparts, each of I
which, when the PARTIES hereto have signed this AGREEMENT, shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
22. Notices. Any notices required to be given pursuant to this AGREEMENT shall be given in
writing and shall be mailed to all PARTIES to the AGREEMENT, as follows [to be l
completed prior to execution]:
To CITY:
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To COUNTY:
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3
IN WITNESS WHEREOF, the Board of Supervisors of the COUNTY OF ORANGE has
authorized and directed the Chairman of the Board of Supervisors to execute this Agreement for
and on behalf of the COUNTY, and [Participating cities subject to change] the CITIES of
ANAHEIM, BREA, CYPRESS, FOUNTAIN VALLEY, FULLERTON, GARDEN
GROVE, HUNTINGTON BEACH, LAGUNA HILLS, LADE FOREST, ORANGE,
PLACENTIA, RANCHO SANTA MARGARITA, SAN JUAN CAPISTRANO, SANTA
ANA, STANTON, TUSTIN, VILLA PARK, and YORBA LINDA have caused this
AGREEMENT to be subscribed by each of their duly authorized officers and attested by
their Clerks.
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DATE: COUNTY OF ORANGE
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Clerk of the Board By:
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[The final agreement will contain appropriate signature blocks for participating
CITIES. Following are simply examples of possible participants.]
DATE: CITY OF ANAHEIM
City Clerk By:
14
25C-19
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DATE: CITY OF BREA
City Clerk By:
DATE: CITY OF FOUNTAIN VALLEY
City Clerk By:
DATE: CITY OF FULLERTON
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City Clerk By:
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DATE: CITY OF GARDEN GROVE
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City Clerk By:
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DATE: CITY OF HUNTINGTON
BEACH
City Clerk By:
DATE: CITY OF LAGUNA HILLS
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City Clerk By:
DATE: CITY OF LAKE FOREST
City Clerk By:
DATE: CITY OF ORANGE
15
2sc-2o
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City Clerk By:
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DATE: CITY OF PLACENTIA
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City Clerk By:
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DATE: CITY OF RANCHO SANTA j
MARGARITA I
City Clerk By: l
DATE: CITY OF SAN JUAN
CAPISTRANO
City Clerk By: I
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DATE: CITY OF SANTA ANA
City Clerk By:
DATE: CITY OF STANTON
City Clerk By:
DATE: CITY OF TUSTIN
City Clerk By:
DATE: CITY OF VILLA PARK I
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City Clerk By:
APPROVED AS
TO FORN,
sawv, N, 16
Laura A. Rossini
r . Assistant City Att0r8ty 25C-21
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DATE; CITY OF YORBA LINDA
City Clerk By;
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25C-25
Exhibit C
?9 XMAF? .ken'±'FAeKWAYMISSX1V]rdj GAO-602$63-c; 9495-6"?4999 FAX9-193E4,M1 14VcGCCL.uL
SADDL.EVAACK ICOLL GE ff�vf!e F_V41..L.EY C21..L, C A�4'A°: h."_Cs 7 H2=MINUL.C.CzY&EPUCATICSN PARK
{ 4�
§L3 ti3 E!
� E
December 15, 2015
Mr. Scott Mayer
County of Orange
333 W. Santa Ana Blvd,
Santa.Ana, CA 92702-1379
Re: PROPOSAL TO GROUND LEASE SOCCCD EXCHANGE PARCEL TO
COUNTY OF ORANGE FOR DEVELOPMENT AS ANIMAL CARE.CENTER I
AMENDMENT OF COUNTY-SOCCCD LAND EXCHANGE AGREEMENT
Dear Mr. Mayer;
This letter of intent sets forth the material terms and conditions under which South Orange
County Community College District ("SOCCCD") would ground lease land in Tustin Legacy to �
the County of Orange ("County") in advance of the planned land exchange as contemplated in
the Exchange Agreement(as defined below) for the purpose of constructing an animal care center.
Each of SOCCCD and County is sometimes hereinafter called a "Party" and they are sometimes
hereinafter collectively called "Parties." Capitalized terms not defined herein shall have the
meanings ascribed to there in the Exchange Agreement.
1, lacl round,
(a) Exchange A reernent. The Parties entered into that certain Agreement for the
Exchange of Real Property dated as of February 7,2012 (the"Original Exchange Agreement:"), �
which sets forth the terms and conditions under which SOCCCD would convey to County a parcel
of real property lulawn as the"SOCCCD Exchange Parcel"in exchange for which County would
cause the conveyance to SOCCCD of a parcel of reap property known as the "County Exchange
Parcel." The Original Exchange Agreement as amended by Amendment No. 1, Arnendrnent
No.2, Amendment No. 3 and Amendment No. 4 is referred to herein as the "Exchange
Agreement." A condition precedent to the consummation of the exchange contemplated by the
Exchange Agreement (the "Exchange") is that the Navy shall have conveyed fee title to the
County Exchange Parcel to the City of Tustin("City") pursuant to the WAS Tustin Reuse Plan.
The Navy will not make such conveyance until certain issues related to remediation of'hazardous
substances on the County Exchange Parcel,a portion of the SOCCCD Exchange Marcel and certain
nearby parcels are resolved. Upon the satisfactory resolution of such issues, the Navy will issue a
document known as "FOST 9," which will, among ether things, permit the Navy to convey the
County Exchange Parcel to the City. It appears that the issuance of POST 9 may take several mare
years. The County's existing animal care facilities are severely impacted and County desires to
develop the SOCCCD .Exchange Parcel with an Animal Care Center ("Center") as soon as
practicable. The Parties desire to amend the Exchange Agreement so as to permit County to
commence construction of the Center no later than June 2016.
Page 1 of 11 i
25C-26
i
Exhibit C
I
Mr. Scott Mayer
County of Orange
December 15, 2015, Page 2 E
(b) Bell Agreement, SOCCCD and City entered into that certain "Infrastructure �
Construction and Payment Agreement (Bell Avenue)" dated May 22, 2013 ("Bell Agreement")
which provides for the extension of a public street known as Bell Avenue from Red Will Avenue '
to Armstrong Avenue. The portion of the Bell Avenue between Red Hill Avenue and Armstrong
Avenue is hereinafter called "Sell Avenue." The SOCCCD Exchange Parcel abuts Bell Avenue
on its south side, and parcels of land held by SOCCCD abut Bell Avenue on both its north and
south sides. Under the Bell Agreement, the City will construct Bell Avenue and SOCCCD and
City will each bear one-half of its costs of design and construction of Hell Avenue, which are s
defined in the Bell Agreement as the "Shared Costs." In addition, the City will construct certain
improvements, including curb cuts, specified by SOCCCD,which are called"SOCCCD Required
Improvements"in the Bell Agreement, SOCCCD has agreed to reimburse the City for one hundred 1
percent of the costs thereof, which costs are called the "SOCCCD Required Costs" in the Bell
Agreement. The SOCCCD Required Costs are not included in the Shared. Costs,
2. Amendment No.5. The Parties will negotiate and enter into an amendment to the
Exchange Agreement ("Amendment No. 5") (which may take the form of an amended and
restated Exchange Agreement), which will include the following terms and conditions:
(a) Closing. Pursuant to the Exchange Agreement, an escrow (the "Escrow") was
opened with First American Title Company ("Escrow Holder") Upon the close of transactions
contemplated by Amendment No. 5 ("Closing"),the following will simultaneously occur:
(i) Withdrawal Letter. Upon the Closing, the Escrow Holder will be j
irrevocably instructed to submit the Withdrawal Fetter (described under SOCCCD's Conditions i
hereinbelow)to the Department of Education with a copy to each of the Navy and the City.
(ii) Ground Lease. A ground lease ("Ground Lease") between the Parties by
which SOCCCD leases to County the SOCCCD Exchange Parcel with the terms and conditions
described hereinbelow will become effective, with possession of the SOCCCD Exchange Parcel
going to the County through the Ground Lease.
(iii) ReitmburseM nts.
(1) Reimbursement Obligation.-,, The County will become obligated to
reimburse SOCCCD for one-half(1/2) of SOCCCD's one-half portion of the "Shared Costs" as
defined in the Bell Agreement,all as more fully described hereinbelow. SOCCCD will provide to
County for its review and approval prior to execution of Amendment No. 5 the same backup
information as was provided to the City concerning the costs of demolition of structures in the
right-of-way for Bell Avenue ("Standing ROW Remo Casts"), which costs are included in the
Shared Costs. In addition, SOCCCD will provide to County for its review and approval all backup
information that it receives from the City pursuant to the Bell Agreement concerning the Shared
Costs to be incurred by City.
Page 2 of 11
25C-27
Exhibit C
Mr. Scott.Mayer
County of Orange
December 15,2015, Page 3
(2) Reimbursement Pa went. SOCCCD has already incurred expenses
for the Standing ROW Demo Costs,as more fully explained in below;therefore,upon
Closing, County will be obligated to reimburse SOCCCD f6r one-half of the amount of the credit
SOCCCD has earned to offset SOCCCD's obligation to reimburse City for other Shared Costs,
Consequently, County shall pay to SOCCCD through the escrow at Closing (either by check or
wire transfer) a payment in the arnount of Five Hundred Nineteen Thousand Three Hundred Six
and No/10013ollars($51.9,306,00)(the"Reimbursement Payment")representing reimbursement
for County's share of Shared Costs already incurred by SOCCCD for the Standing ROW Demo
Costs,
(b) Mutual_Assistance. The Parties will be bound to cooperate and assist one another
and use commercially reasonable efforts to accomplish the following:
(i) FOST 9, Persuading the Navy to issue FOOT 9 as soon as practicable.
00 Count KE3—c—harigeParcel. Persuading the Navy to add the County Exchange
Parcel to that certain Lease in furtherance of Conveyance between the Navy and the City dated
May 13, 2002 ("LIFOC") and persuading the City to add the County Exchange Parcel to that
certain Sublease between SOCCCD and City dated April 29,2004.
(C) Close of the Exchange. The Exchange Agreement,as amended by Amendment No,
5, will remain in effect and the Parties will be obligated to effectuate the close of the exchange of
fee title to the SOCCCD Exchange Parcel and fee title to the County Exchange Parcel as
contemplated in the Exchange Agreement.
3. Ground Lease. The Ground Lease will be on the standard form adopted by
SOCCCD for ground leases at ATEP and conformed to this transaction. The 'form of Ground
Lease will be included as an Exhibit to Amendment No. 5 and will be subject to County's prior
approval. A portion of the SOCCCD Exchange Parcel is subject to the LIFOC and the Sublease.
That portion of the SOCCCD Exchange Parcel will be sub-subleased by SOCCCD to County, The
Ground Lease, including the sub-sublease, will have the following terms,
(a) Esee Rent Period, For a period of five (5) years after the Closing, a de minimus
ground rent of One and not]00 Dollar($1.00) per year will be payable by County to SOCCCD,
(b) Rent PgyW,ents Due. Commencing on the first day of the sixth (61") year after the
Closing, rental payments will be due and owing in monthly installments at a rental rate equal to.
Two Hundred Thousand and no/100 Dollars ($200,000,00)per annum, increased each year on the
anniversary date of the first rental payment by five percent(5%)of the rental amount then payable.
Upon the close of the Exchange, County will become both lessor and lessee under the Ground
Lease, and the Ground Lease will terminate by operation of law.
Page 3 of 11
25C-28
Exhibit C
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Mr. Scott Mayer
County of Orange
December 15, 2015, Page 4
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(c) Uses-Development Coordination. The permissible uses and the use restrictions
contemplated in Section 33.2 ofthe Original Exchange Agreementto be imposed on the SOCCCD
Exchange Parcel upon the close of the Exchange wi ll also be incorporated into the Ground Lease.
In addition, the requirements of Section I I of the Original Exchange Agreement concerning
development coordination will be incorporated into the Ground Lease (including the right of
SOCCCD to review and comment on each set of Plans for the SOCCCD exchange Parcel prior to i
submission of the same to the County Planning Department or the City).
4. Reimbursement Obligations. The County will reimburse SOCCCD for the costs
described below within thirty(30) days after SOCCCD furnishes a demand therefor together with
substantiation thereof reasonably acceptable to County to indicate that SOCCCD has expended
funds in the amount requested to be reimbursed. The County's obligations to reimburse SOCCCD
for certain costs are as set forth below:
(a) Bell Avenue Co st yetion Costs. County will reimburse SOCCCD for one-half
(tl2) of the actual amount of Shared Costs that SOCCCD is obligated to bear under the Dell
Agreement. The amount ofCounty's obligation to reimburse SOCCCD for one-half of the Shared.
Casts and for one-half of the costs of construction of the Common Access Point as provided in
Paragraph 5(a) below shall not exceed Six Hundred Seventy-Five Thousand and no/100 Dollars
($675,000.00). SOCCCD has previously expended funds to cover the Standing ROW Deno Costs,
which are included in the Shared Costs, in the amount of Two Million Seventy-Seven Thousand
Two Hundred Twenty-Maur and No1100 Dollars ($2,077,224.00) for which SOCCCD is entitled
to a credit of One Million Thirty-Eight Thousand Six Hundred Twelve and no/100 Dollars
($1,038,612,00) against its obligation to reimburse City for one-half of the Shared Costs, all as
evidenced by that certain Memorandum of Standing ROW Demolition Costs and SOCCCD Credit j
between SOCCCD and City. The Reimbursement Payment described above represents the
payment by County of one-half of the amount of the credit already earned by SOCCCD. After the
Closing, there will remain One Hundred. Fifty-Five Thousand Six Hundred Ninety-Four and
No/100 Dollars ($155,694.00)to be paid by County to SOCCCD for Shared Costs to be incurred
by City in the design and construction of Bell Avenue until County shall have paid the maxirnurn
described above (the"Remaining Construction Reimbursement Obligation"). j
I
(b) Bell Avenue Utilities, The County is currently studying whether to install (at its
expense)the wet and dry utilities serving the SOCCCD Exchange Parcel in Armstrong Avenue or
in $ell Avenue, SOCCCD does not intend to install any dry utilities in Bell Avenue. SOCCCD
has given City specifications for storm drain capacity and the Irvine Ranch 'Water District
("tRWD") specifications for potable water.reclairned water and sanitary sewer. If County elects !
to utilize any of such wet utilities serving the SOCCCD Exchange Parcel in Bell Avenue, then
County shall indicate to City or IRWD, as applicable, specifications to increase the capacity of i
such utilities to the extent necessary to accommodate the needs of the SOCCCD Exchange Marcel,
In such event, the County will reimburse SOCCCD one hundred percent. (100%) of the actual
,additional costs incurred by SOCCCD for the increased capacity of wet utilities subject to a
Page 4 of 11
25C-29
Exhibit C
i
Mr. Scott Mayer
County of Orange
December 15,2015, Page 5 I
maximum reimbursement amount of five Hundred.Thousand and no/100 Dollars ($500,000.00), I
In the event that sorne portion of the cost of installing wet utilities within Bell Avenue serving both
the ATEP Site and the SOCCCD Exchange Marcel qualify as a Capital Improvement project by
IRWD then such portion shall not be included in the costs to be reimbursed by County to
SOCCCD. In the event that SOCCCD obtains a refund from IRWD for any costs of installation
of wet utilities after SOCCCD has receiver) a reimbursement payment from County for such
utilities,then SOCCCD will remit one-half(1/2)of such refund to County,
(c) Detnolition. The County will agree to reimburse SOCCCD for one-half(1/2) of
the actual costs incurred by SOCCCD to demolish all above-ground, at-ground and below-ground
structures on the County Exchange Parcel in an amount not to exceed Five Hundred Thousand and
No/100 Dollars($500,000.00).
S. Access to Bell .Avenue.
(a) Cocmnon Access Point. The Parties agree that"Intersection 2"on Bell Avenue(the
intersection closest to Red Bill Avenue as shown on the reap attached hereto as Exhibit AA) shall
be shared by the Parties for access to the SOCCCD Exchange Parcel and to SOCCCD's parcel of
land ("Contiguous Parcel")that is contiguous to the SOCCCD Exchange Parcel. Tile County's
use of"Intersection 2" shall be limited to public access to the Center. The center of the access
point at Intersection 2 ("Comment .access Paint") for access to the SOCCCD Exchange Parcel I
and the Contiguous Parcel shall be the property line(`Property Line")between them, SOCCCD
shall cause the Common Access Point to be included in the SOCCCD Required Improvements
under the Bell Agreement so that the City shall be obligated to construct the Common .Access
Point. In addition, the inclusion of the Common Access Paint in the SOCCCD Required
Improvements will result in the costs of constructing the Common Access point to be included in
the SOCCCD Required Costs. Upon submission of reasonable evidence to County by SOCCCD
of itss reimbursernent payment to City for the costs of constructing the Common Access Pouf,
County shall reimburse SOCCCD for one-half of such costs, subject to the maximum described in
Section 4(a)above.
(b) Coilmon Driveway.
(i) Construction. The Parties agree that County will construct or cause to be
constructed a driveway ("Common Driveway") starting at the Common Access Point and
continuing westerly approximately three hundred sixty feet(360'). The centerline of the Common
Driveway shall be the Property Line and its width shall be approximately thirty-nine feet (39').
SOCCCD and County will each be obligated to bear one-half(1/2) of the costs of design and
construction of the Common Driveway. The design of the Common Driveway and the budget for
constructing the same shall be agreed upon by the Parties prior to the commencement of
construction pursuant to the review contemplated by Paragraph 3(c) above. The parties
Page 5 of 11
2sc-3o
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Exhibit C
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Mr. Scott Mayer
County of Orange
December 15, 2015, Page 6
E
acknowledge that the design of the Common Driveway shall be subject to approval by the Division
of State Architect.
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(ii) De signs The parties agree to cooperate to agree upon the design of the j
Common Access Point and the Common Driveway as soon as practicable so as not to delay the
City's schedule for the construction of Bell Avenue.
(iii) Site .Plan, Attached hereto as Exhibit B is a Conceptual Site Plan for the
Center showing the approximate location of the Common Access Point and the Common
Driveway, County;shall submit to SOCCCD a relined Site Plan for the Center for review prior to
commencement of construction pursuant to .Paragraph 3(a) above.
(iv) Recipracal Easement Agreement. The Parties shall enter into a Reciprocal
Easement Agreement ("REA") concerning the Common Driveway, which shall be recorded
against the SOCCCD Exchange Parcel and Contiguous Parcel by the escrow holder upon the
Closing. The REA shall provide for the use of the Common Driveway for ingress and egress to
both the SOCCCD Exchange Parcel and the Contiguous Parcel, for the maintenance thereof and
for the sharing of costs of such maintenance between the yawners of the two parcels, The ILEA
shall forbid.County to use the Common Driveway for any purpose other than public access to the
Center.
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(v) Other Cq�Lnty Aces Points to Bell Avenue. Counter shall be solely �
responsible for all costs of the design and construction of all access lanes, curb cuts and other
improvements required to provide access to Bell Avenue from the SOCCCD Exchange Parcel
other than the Common Access Point and the Common Driveway.
(c) TLips. SOCCCD has previously obtained from the City a determination of the
average daily trips("ADTs")assigned to the ATEP Site. County shall be responsible for obtaining
a determination from the City of the number of ADT's that will be assigned to the SOCCCD
.Exchange Parcel and County shall make its own determination whether that number is adequate
for the use and operation of the Center. To the extent required by the City, the County will cause
the level of service to be analyzed by a traffic engineer and approved by the City prior to the
issuance of any development permits or approvals by the City, which traffic analysis will assume
that SOCCCD and all other property owners in Neighborhood A (as designated in the Specific
Plan) use all of the ADTs that are assigned to such properties pursuant to the Specific Plan as in
effect as of the date that Amendment No. 5 is executed. The number of ADTs required by the
County for its use and operation of the Center on the SOCCCD Exchange Parcel shall not exceed
the number of ADTs allocated to the SOCCCD Exchange Parcel or, prior to the issuance of any
development permits, be found to substantially change the trip distribution or peak hour trips
assumptions in the Specific Plan.
2�C-31 Page 6 of 11
�7 1
Exhibit C
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Mr, Scott Mayer
County of Orange
December 15,2015, Page 7
&. Conditions to Closing. I
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(a) Coutlty's Conditions, It will be a condition precedent to the County's obligation to I
effectuate the Closing that:
(i) Board of S ervisars' A rovaL The County Board of Supervisors shall
have approved Amendment No. 5, and any and all applicable statutes of limitation with respect to
a challenge of the adoption of Amendment No. 5 shall have expired or, if the approval of
Amendment No. S shall have been challenged, such challenge shall have failed to affect the
Board's approval of Amendmert No. 5.
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(ii) Scope and.Desi n of Bell Avenue. County shall have been afforded by the
City an opportunity to make reasonable comments on the scope and design of Bell Avenue
(including the County Required Improvements), and County shall have reasonably approved of
such scope and design,
i
(iii) City- Lount Agreement, The City shall have executed in recordable form
and deposited in escrow with instructions to Escrow Holder to record upon the Closing the City-
County Agreement as described in Section a.3.2 of the Original Exchange Agreement imposing
certain use restrictions in favor cfthe City on the SOCCCD Exchange Parcel,
E
(iv) Title lLisurggt e. First American Title Insurance Company shall have
irrevocably committed to issue a title insurance policy in form reasonably acceptable to County
insuring County's leasehold interest in the SOCCCD Exchange Parcel, County may also require
a survey of the SOCCCD Exchange Parcel (at its cast) in order to obtain an extended coverage
title insurance policy. ,
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(b) SOCCClYs Conditions. It will be a condition precedent.to SOCCCD's obligation
to effectuate the Closing that.
(i) BmLrd of Trustees'_AMrqval, The Board of Trustees of SOCCCD shall
have approved Amendment No. 5. and any and all applicable statutes of limitation with respect to f
a challenge of the adoption of Amendment No. 5 shall have expired or, if the approval of
Amendment No. 5 shall have been challenged, such challenge shall have failed to affect the
Board's approval of Amendment No. S.
(ii) Withdrawal Letter. County shall have deposited into Escrow, fully
executed,the Withdrawal Letter in the form of Exhibit L to the Exchange Agreement,withdrawing
its application for a Public Benefit Conveyance of the County Exchange Parcel, together with
instructions to Escrow Holder to cause the delivery of the Withdrawal Letter to the Department of
Education upon the Closing.
2 C�_�� Page 7 of 11
�7
Exhibit C
W Scott Mayer
County of Orange
December 15, 2015, Page 8
(iii) Effectiyeness Notice. The City shall have deposited the Effectiveness
Notice as described in the Exchange Agreement, fully executed, into the Escrow, together with
instructions to the Escrow Holder to cause the delivery
of the Effectiveness Notice as described in
Section 621 of the Original Exchange Agreement to the Government upon the Closing.
(iv) Environmental Insurance. SOCCCD shall have received assurance
reasonably acceptable to SOCCCD that it can amend its existing Environmental Pollution Legal
Liability Policy for the ATEP Site to delete the SOCCCD Exchange Parcel and add the County
Exchange Parcel.
(c) Mutual Conditions. It will be a condition precedent to the obligations of each Party
to effectuate the Closing, that-,
(i) Specific Plan Amendment. (The Specific Plan Amendment contemplated
in the Exchange Agreement has been adopted by the City;however,the Specific Plan Amendment,
by its terms, becomes effective only upon the closo of the Exchange Agreement,) The City shall
have acknowledged that the Closing of Amendment No. 5 is the functional equivalent of the close
of the Exchange and shall take such action as may be necessary to assure that the Specific Plan
Amendment is effective,
(ii) Develoo meat,Ag
reement. (The Development Agreement contemplated in
the Exchange Agreement has been adopted by the City; however, the Covered Property as
described in the Development Agreement will exclude the SOCCCD Exchange Parcel and include
the Covered Property only upon the close of the Exchange.) The City shall have acknowledged
that the Closing of Amendment No, 5 is the functional equivalent of the close of the Exchange and
shall take such action as may be necessary to assure that the Covered Property includes the County
Exchange Parcel and excludes the SOCCCD Exchange Parcel,
(iii) Consents. All consents from any governmental authority necessary to
effectuate the Closing shall haTe been obtained.
7. No Obligation to Enter into Amendment No. 5. Thj; letter of intent is not binding
on SOCCCD or County,and does not give rise to any rights or obligations on either Party. Neither
Party will be bound until Amendment No, 5 has been executed and delivered by both SOCCCD
and County,
Page 8 of 11
25C-33
Exhibit C
Mr. Scott Mayer
County of Orange
December 15,2015, Page 9
If the foregoing is acceptable,please sign this letter where indicated below and return it to
me.
Very truly yours,
�)t&a
Debra L. Fitzsjrn
Vice Chancellor o Business Services
AGREE aAND AQCEPTED
THIS DAY OF& 0 15
DATED:
f
COUN Y F ORANGE,
a politic I bdivis' not tato of California
Scott Mayer, Chief Real Estate officer
BOARD Nx TRusyus:BARNARA J_JXc,TINIQ'ari AmA�.DAv;o 13,LANG,MARCIA M;LCH KL�R,TJ,PPLNUE"ICAtFIA11.
Tum WH,-TT,JAMM R WRICITY - GAF'v L. PCEPMEr�.CF4ANC.P.LLOR
AN rOUAL OP'QRTIJNM EMPLO�TP
Page 9 of 11
25C-34
Exhibit C
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Exhibit**
Bell Avenue In+ hand
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Exhibit C
Exhibit..B
Animal Care Center Conceptual ceptual Site Plan i
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Page 11 of 11
25C-36
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Exhibit D
Maximum Construction Costs and Participation Formula
Maximum Construction Costs
$35,000,000
$5,000,000 County Contribution
$30,000,000 Contract Cities Funding Share i
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*Costs included are identified in Section 2.1 of the Participation Agreement.
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Participation Formula
The total projected cost to the Contract Cities is based on$30.0 million as the total contract city
contribitution. The distribution among the Contract Cities is an estimate assuming participation
by all 18 cities currently contracting with the County for OC Animal Shelter services. Estimates
do not include Additional Funding Costs associated with a 10-year Payment Schedule.
Estimated costs for each city are based on a historical five-year average of Animal Charge Days,
expressed as a percentage of the total. Animal Charge Days represents the number of days
animals receive board and care at OCAC.
Calculation of pro rata portion of Maximum Construction Costs for new cities added offer initial
contract execution and three year period as set forth in Section 3. of the Participation Agreement
will be based upon comparability to similar sized cities under contract with the County based
upon a five year average annual Shelter Utilization figure using actual admissions and shelter days
for the new city with their current/previous Shelter provider. In the absence of available shelter
data for a new city,the pro rato portion will be based upon comparability to similar sized cities
under contract with the County based upon city population as identified in the most recent E
California State Department of Finance publications. f
Distribution of Cities'Share
of Maximum Construction Costs
Anaheim $ 7,017,529 23.39%
Brea $ 367,454 1.22%
Cypress $ 568,874 1.90%
Fountain Valley $ 777,973 2.59%
Fullerton $ 2,240,317 7.47%
Garden Grove $ 4,142,755 13.81%
Huntington Beach $ 1,829,954 6,10%
Laguna Hills $ 222,122 0.74% i
Lake Forest $ 555,539 1.85%
Orange $ 2,467,472 8.22%
Placentia $ 548,846 1.83%
Rancho Santa Margarita $ 209,618 0.70%
San Juan Capistrano $ 270,168 0.90%
Santa Ana $ 6,867,112 22.89%
Stanton $ 612,821 2.04%
Tustin $ 791,152 2.64%
Villa Park $ 46,853 0.16%
Yorba Linda $ 463,442 1.54%
Totalli $ 30,000,000 100.009'0
2 C a _37 Page 1 of 1
EXHIBIT E
Cities Share of Max Construction Costs 30,000,000,00
Additional Funding Cost Rate 0,77%
Number of Payments 40
Payments $779,966.81
Quarterly Payment Schedule
Cumulative Cumulative
Beginning Cities Share of Additional Cities Share of Additional
#Payments. Period Balance Payment MCC Funding Cost MCC Funding Cost Ending Balance
5 Year Average*(Yo) _
1 10/1/2016 30,000,000.00 $779,966.81 722,216.81 57,750.00 29,277,783.19
2 1/1/2017 29,277,783.19 779,966.91 723,607.08 56,359.73 723,607.09 56,359.73 28,554,176.11
3 4/1/2017 28,554,176.11 779,966.81 725,000.02 54,966.79 1,448,607.10 111,326.52 27,829,176.09
4 7/1/2017 27,829,176.09 779,966.81 726,395.65 53,571.16 2,175,002.75 164,897,68 27,102,780.44
5 10/1/2017 27,102,780.44 779,966.81 727,793.96 52,172.85 2,902,796.71 217,070,53 T 26,374,986.48
6 1/1/2018 26,374,986.48 779,966.81 729,194.96 50,771.85 3,631,991.67 267,842.38 25,645,791.52
7 _4/1/2018 25,645,791.52 779,966.81 730,598.66 49,368.15 4,362,590.33 317,210,53 24,915,192.86 !
_ $ 7/1/2018 24,915,192.86 779,966.81 732,005,06 47,961.75 5,094,595.39 365,172.28 24,183,187.80 I
9 10/1/2018 24,183,187,80 779,966,81 733,414.17 46,552.64 5,828,009.56µ 411,724.92 23,449,773.63
10 1/1/2019 23,449,773.63 779,966,81 734,826.00 45,140,81 6,562,835,56 456,865,73 22,714,947.63 I
11 4/1/2019 22,714,947.63 779,966,81 736,240.54 43,726.27 7,299,076.10 500,592.00 21,978,707.09 I
12 7/1/2019 21,978,707.09 77_9,966,81 737,657.80 42,309,01 8,036,733,90 542,901,01 21,241,049.29
13 10/1/2019 21,241,049.29 779,966.81 739,077.79 40,889.02 8,775,811,69� W_583,790.03 20,501,971.50
14 1/1/2020 20,501,971.50 779,966.81 740,500.51 39,466.30 9,516,312,20 623,256.33 19,761,470.99
15 4/1/2020 19,761,470,99 779,966.81 741,925.98 38,C40.83 10,258,_238,18 661,297,16 19,019,545.01
16 7/1/2020 19,019,545,01 779,966.81 743,354.19 36,612.62 11,001,592,3_7 mm�697,909.78 18,276,190.82
17 10/1/2020 18,276,190,82 779,966,81 744,785.14 35,181.67 11,746,377,51 733,091.45 17,531,405.68 i
18 1/1/2021 17,531,405,68 779,966.81 746,218.85 33,747.96 12,492,596,36 766,839.41 16,785,186.83
19 4/1/2021 16,785,186.83 779,966.81 747,655.33 32,311.48 13,240,251,69 _ 799,150.89 �16,037,531.50
20 7/1/2021 16,037,531.50 779,966.81 749,094.56 30,872.25 13,989,346.25 830,023.14 15,288,435.94
21 10/1/2021 15,288,436.94 779,966.81 750,536.57 29,43C.24 14,739,882,82 _859,453.38 14,537,900.37
22 1/1/2022 14,537,900.37 779,966.81 751,981.35 _27,985.46 15,491,864.17 887,438.84 13,785,919,02
T 23 4/1/2022 13,785,919.02 779,966.81 753,428.92 _ 26,537.89 16,245,293.09 913,976.73 13,032,490.10
24 7/1/2022 13,032,490.10 779,966.81 754,879.27 25,087.54 17,000,172.36 939,064.27 12,277,610.83
25 10/1/2022 12,277,610.83 779,966,81 756,332.41 23,634.40 17,756,504,77 962,698.67 11,521,278.42
25 1/1/2023 11,521,278.42 779,966.81 757,788,35 22,178,46 18,514,293,12 984,877.13 10,763,490.07
27 4/1/2023 _10,763,490.07_ _ —779,966,81 W 759,247.09 20,719.72 19,273,540.21 1,005,596.85 10,004,242.98
28 7/1/2023 10,004,242.98 779,966,81 760,708.64 19,258.17 20,034,248,85 1,024,855.02 9,243,534.34
29 10/1/2023 9,243,534,34 779,966.81 762,173.01 17,793.80 20,796,421.85 1,042,648.82 8,491,361,33
30 1/1/2024 8,481,361.33 779,966.81 763,640.19 16,326.62 21,560,062.05 1,058,975.44 7,717,721.14
31 _ 4/1/2024 7,717,721.14 779,966.81 765,110.20 14,856.61 22,325,172.25 1,073,832.05 6,952,610.94
32 7/1/2024 6,952,610.94 779,966.81 766,583.03 13,383.78 23,091,755.28 1,087,215.83 6,186,027.91
33 10/1/2024 6,186,027.91 _779,966,81 768,058,71 11,908.10 23,859,813.99 1,099,123.93 5,417,969.20 4
34 1/1/2025 5,417,969,20 779,966.81 769,537.22 µ 10,429.59 24,629,351.21 1,109,553.52 4,648,431.98
35 4/1/2025 4,648,431.98 779,966.81 771,018.58 9,948.23 25,400,369.79 1,118,501.75 3,877,413.40
36 7/1/2025 3,877,413,40 779,966.81 772,502.79 7,464.02 26,172,872.58 1,125,965.77 3,104,910.61
37 10/1/2025 3,104,910.61 779,966.81 773,989.86 5,976,95 26,946,862.44 1,131,942.72 2,330,920.75
38 1/1/2026 2,330,920.75 779,966.81 y 775,479,79 4,487.02 27,722,342.23 1,136,429.74 1,555,440.96
39 4/1/2026 1,555,440.96 779,966.81 776,972.59 2,994.22 28,499,314.82 1,139,423.96 778,468,37
40 7/1/2026 778,468.37 779,966.81 778,468.26 1,498.55 29,277,783.08 1,140,922,51 0.11
TOTAL— 31,198,672.40 29,999,999.89 1,198,672.51
3/17/2016 2 5 C—3 V
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Exhibit F
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25C-39
AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
BETWEEN
COUNTY OF ORANGE
f
AND
CITY OF «COMPANY»
<(START DATE» THROUGH<<END DATE»
THIS AGREEMENT entered into this «START DAY» day of oSTART MONTH»
START YEAR», 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
«COMPANYw(MUNI_CORP» (CITY). This Agreement shall be administered by County of Orange OC
Community Resources (ADMINISTRATOR).
I
WITNESSETH:
WHEREAS, CITY wishes to contract with COUNTY for the provision of the OC Animal Care
Services described herein; and
WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions
hereinafter set forth:
NOW,THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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2sc-4o
CONTENTS {
PARAGRAPH PAGE
3
TitlePage............................................................................................................................. 1
Contents............................................................................................................................... 2
Referenced Contract Provisions...................................... ............................................... 3
I. Alteration of Terms........................................... ......... .................................................... 3
11. Indemnification and Insurance............................... ........................................................ 4
III. Notices................................................................................................................................... 5
IV. Severability.................................................. .............................. ..................................... 5
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V. Status of the Parties............................................................ ............ ................................ 5
VI. Tenn.............................................................. ..................................................................... 6
VII. Termination......................... .......I........... ............,....................................................... 6
VIII. Third Party Beneficiary......... . ....... ......................... .............................................. 6 !
IX. Waiver of Default or Breach.................................................................................
SignaturePage...... ........... ................. .................................... 7
EXMBIT A
I. Definitions............. ................: ................ .. .. .........:................................. 1
II. Services to be Provided by County ........ ..............:............ ........................... 1
III. Payments............ ........... . ..... ........ ..................................................... 4
IV. City Managers Association Animal Care Committee.. ................................... 5
V. Laws and Regulations. ........ .... ........ ..... ... .................................................. 5
VI. Reports. ........... ..................... ................................................... 6
VII. Records... .......................... ......................................:....................................................... 7
EXHIBIT B
Animal Care Notice of Intent........... ................................................................................l Page
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"CONUTANY2v 2 of 7
25C-41
REFERENCED CONTRACT PROVISIONS
Term: «START DATE» through «END DATE»
Notices to COUNTY and CITY:
COUNTY: County of Orange j
OC Community Resources j
Director's Office
1770 North Broadway
Santa Ana, CA 92706-2642
and
County of Orange
OC Community Resources
OC Animal Care Director
561 The City Drive South
Orange, CA 92868
CITY: «CONTACT»
0013 TITLE»
City of oCOMPANY2»
aADDRESS 1»
CITY STATE ZIP» j
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II. ALTERATION OF TERMS
<<COMFANY2�, 3 of 7
25C-42
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This Agreement, together with Exhibit A and B, attached hereto and incorporated herein by i
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. This Agreement
supersedes any and all previous agreements between the parties relating to the subject matter hereof. i
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III. 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
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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 pliability 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
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shall cooperate with the indemnifying party in its defense. j
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
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operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY f
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.
((COMPANYz, 4 of 7
25C-43
IV. NOTICES
A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements
authorized or required by this Agreement shall be effective;
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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 I
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 Mai1,..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.
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V. S)EVERABILITY
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 efTect, and to that extent the provisions of this Agreement are severable.
VI. 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 perform's 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 the course and scope of
their employment. Each party, its agents, employees, or subcontractors, shall not be entitled to any rights
,cCOMPANYI> 5 of 7
25C-44
or privileges of the other party's employees and shall not be considered in any manner to be employees of
the other party. 1
VH. TERM
A. The term of this Agreement shall commence as specified on Page 3 of this Agreement.
B. This Agreement shall be effective for the full ten (10) year term specified on Page 3 of this
Agreement, provided no notice of termination has been given by COUNTY in accordance with the
Termination paragraph of this Agreement.
VIII. TERMINATION
A. COUNTY may terminate this Agreement immediately upon default by CITY of its obligations
hereunder or under that Participation Agreement entered into, in the year 2016, between CITY,
COUNTY, and all other cities then contracting for Animal Care Services with COUNTY, for the purpose
of allocating the increased costs of Animal Care Services resulting from the construction of a new animal
shelter.
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. Any obligation of COUNTY under this Agreement is contingent upon the inclusion of sufficient
funding for the services hereunder in the applicable budgets approved by the Board of Supervisors. In
the event such funding is subsequently reduced or terminated,..COUNTY may terminate this Agreement
upon :thirty ,(30) calendar days written notice given to CITY. Any obligation of CITY under this
Agreement. is contingent on COUNTY making available to CITY the continued use of Animal Care
Services pursuant to the terms hereof. CITY acknowledges that''other local cities have or will enter into
similar agreements with the COUNTY to provide Animal Care Services for a period of ten (10) years,
that the sharing of costs among the COUNTY and all contracting cities allows for costs 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'refusal of CITY to fulfill its obligations under this Agreement would
increase the financial burden of services on COUNTY and all remaining contracting cities. CITY
therefore agrees that it will fulfill its obligations hereunder and acknowledges that COUNTY and the
other cities acquiring Animal Care Services from COUNTY are relying on CITY'S stated agreement, and
the sharing of costs with CITY, in electing to acquire similar services.
IX. THIRD PARTY BENEFICIARY
Except to the extent provided for in Section VII above with respect to other contracting cities,
neither party hereto intends that this Agreement shall create rights hereunder in third parties including,
<cCOW NYzn 6 of 7
25C-45
but not limited to, any subcontractors or any clients provided services hereunder.
X. WAIVER OF DEFAULT OR BREACH
Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any
breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach.
Waiver of any default or any breach shall not be considered a modification of the terms of this Agreement.
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IN WITNESS WHEREOF,the parties have executed this Agreement, in the County of Orange, State
of California.
CITY OF «COMPANY» «MUNI_CORP»
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BY: DATED:
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TITLE I» 1
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ATTEST:
BY: DATED:
CITY CLERK
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APPROVED AS TO FORM:
BY; ..DATED:
CITY ATTORNEY
COUNTY OF ORANGE
BY: DATED:
TITLE:
t(CONVANYz)) 7 of 7
25C-46
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APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY: DATED:
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DEPUTY
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25C-47
EXHIBIT A
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
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CITY OF «COMPANY»
aSTART DATE» THROUGH «END DATE)) 1
I. DEFINITIONS
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A. "Actual Cost" means all COUNTY expenditures,,including indirect charges, for providing Animal I
Care Services to CITY pursuant to this Agreement. i
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
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estimated cost of the services, and the effective date.
C. "Animal Care S,erviee(s)" means one or more service to be provided by COUNTY to CITY, as
specified, by category, in Paragraph II.B. of Exhibit Ato 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.
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II. SERVICES TO BE PROVIDED BY COUNTY
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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 j
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 amended
«coMPANY2* I of& EXHIBIT A
25C-48
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Animal Care Notice of Intent at any time, may change due dates specified in subparagraph II.A.L 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. Each category of service includes Service Details which may be added or changed by
ADMINISTRATOR upon six (6) months prior notification to CITY. COUNTY shall provide to CITY
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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 ExhibitAto the Agreement. j
1. ANIMALL 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 Iicense billing; and delinquent animal license follow-up;
assistance to residents regarding potentially dangerous and/or vicious animals; impound data entry; and
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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 payrrient services; customer support regarding animal licensing; animal license
billing; delinquent animal license follow-up; :anunal field canvassing to locate and license unlicensed I
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.
b. The number of.hours of canvassing provided to CITY by COUNTY will be prorated I
based on available canvassing hours.and CITY percentage of costs of Animal Care Services received by
CITY during the previous Fiscal Year. At sole discretion of COUNTY, COUNTY may provide
canvassing services to cities that did not receive canvassing services in the previous Fiscal Year.
COUNTY may change its methodology for allocating canvassing hours upon six (6) months prior
notification to cities.
3. ANIMAL CARE SHELTER SERVICES
a. Animal Care Shelter Services include, but are not limited to, retention of impounded
animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner
eCONPANY2» 2 of 6 EXHIBIT A
25C-49
identification; contact of owners when animals are wearing identification; sale or release of impounded
animals to residents; animal evaluation for adoption; 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, consistent with applicable
laws, keep said premises in a clean condition at all times, and use humane methods of care consistent with
applicable laws.
d. No animals may be donated, sold or otherwise released for the purposes of
experimentation, research or vivisection.
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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
14nited to, animal license issuance and renewal, fee collection and payment services; customer support
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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. f
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 websitc. 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
«C0NII'ANY2> 3 of 6 EXHIBIT A
25C-50
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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.
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 take
all action necessary to ensure that Animal Care Services fees effective with respect to CITY are
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 charge 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 the applicable 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 j
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 i
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 Billing Pa ent Due
July 1 through September 30 October 30 November 25
October 1 through December 31 January 30 February 25
January I through March 31. April 30 May 25
April 1 through June 30 July 30 August 25
(tCOMPANY2» 4 of G EXHIBIT A
25C-51
2. 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.
3. COUNTY may modify the payment schedule upon six(6)months written notification to CITY.
IV. CITY MANAGERS ASSOCIATION ANIMAL CARE COMMITTEE
The subcommittee of the Orange County City Managers Association representing all cities
participating in OCAC services has established the City Managers Association Animal Care Committee to
facilitate communication between OCAC and the city managers and staff of the participating cities
regarding financial and operational matters of OCAC,including the assessment of cost options for animal
care services provided under the Services Agreements., COUNTY shall provide regular updates on such
topics to the City Managers Association Animal Care Committee,
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 Cara
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 f
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 solely the
respon.sibility of CITY to immediately notify COUNTY of any discrepancy between relevant ordinances
maintained by CITY and those maintained by.C.OUNTY. j
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,
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.
t(COMPANY2» 5 of 6 EXHIBIT A
25C-52
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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 hi 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 I
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 I
Services revenue and expenses for each period specified below. Said.reports will be due to CITY within
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thirty (30) calendar days of the month following the reporting period, in accordance with the schedule
below:
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Period Reports Due.` I
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July I through September 30 October 30
October 1 through December 31 January 30
January 1 through March 31 April 30
April'l.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 V1.A. and VI.B.
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.
oCOMPANY2» 6 of 6 EXHIBIT A
25C-53
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V11. RECORDS i
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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
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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.''
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acoMPANYI» 7 of 6 EXHIBIT A
25C-54
EXHIBIT B
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES i
WITH
CITY OF «COMPANY»
START DATE»THROUGH «END .DATE» j
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ANIMAL CARE NOTICE OF INTENT
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This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by I
COUNTY for the Period: oNOI_START>> through «NOI_END>>. COUNTY agrees to provide to the
City of«COMPANY2»the following Animal Care Services beginning<<NOI_EFFECTIVE»:
«SERVICEI>> i
SERVICE2>> i
SERVICE3»
«SERVICE4>>
«SERVICES» .
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The total estimated cost for Animal Care Services specified above is «TOTAL_COST_».
Z This is a new Animal Care Notice of Intent for the Period indicated above.
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[] This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated I
above.
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Significant Changes Since the Previous Animal Care Notice of Intent:
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To the best of my knowledge,this notice specifies the Animal Care Services to be provided by
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COUNTY.
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City of«COMPANY2»Representative and Title Date
OC Animal Care Director Date
ucoMPANY2v I of 1 EXHIBIT B
25C-55
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25C-56
AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
BETWEEN
COUNTY OF ORANGE
AND
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CITY OF SANTA ANA
APRIL 19, 2016 THROUGH 3UNE 30, 2026
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THIS AGREEMENT entered into this April 19, 2016, 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 SANTA ANA, a California Municipal Corporation (CITY).
This Agreement shall be administered by County of Orange OC Community Resources
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(ADMINISTRATOR),
WITNESSETH:
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WHEREAS, CITY wishes to contract with COUNTY for the provision of the OC Animal Care
Services described herein; and
WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions
hereinafter set forth:
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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25C-57
CONTENTS
PARAGRAPH PAGE
TitlePage................................................................................................................................. 1
Contents................................................................................................................................... 2
Referenced Contract Provisions.............................................................................................. 3
I. Alteration of Terms................................................................................................................. 4
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11. h-idetamifcation and Insurance................................................................................................ 4
III. Notices..................................................................................................................................... 5
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IV. Severability.............................................................................................................................. 5
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V. Status of the Parties................................................................................................................. 6 i
VI. Term......................................................................................................................................... 6
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VII. Termination............................................................................................................................. 6
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VIII. Third Party Beneficiary
IX. Waiver of Default or Breach................................................................................................... 7 I
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SignaturePage......................................................................................................................... 7
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EXHIBIT A
I. Definitions................................................................................................................................ 1
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II. Services to be Provided by Count
III. Payments................................................................................................................................... 4
IV. City Managers Association Animal Care Committee............................................................. 5
V. Laws and Regulations .............................................................................................................. 5
VI. Reports...................................................................................................................................... 6
VII. Records..................................................................................................................................... 7
EXHIBIT B j
Animal Care Notice of Intent............................................................................................... 1 Page
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City of Santa Ana 2 of 8
25C-58
REFERENCED CONTRACT PROVISIONS
Term: April 19, 20l&through June 30, 2026.
Notices to COUNTY and CITY:
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COUNTY: County of Orange
OC Community Resources
Director's Office
1770 North Broadway
Santa Ana, CA 92706-2642
and
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County of Orange j
OC Community Resources
OC Animal Care Director
561 The City Drive South
Orange, CA 92868
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CITY:
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Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza(M-30)
P,O, Box 1988
Santa Ana, CA 92702-1988 f
Fax (714) 647-6956
With courtesy copies to:
Chief of Police, Santa Ana Police Department
City of Santa Ana
60 Civic Center Plaza(M-97)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 245-8007
And
City of Santa Ana 3 of 8
25C-59
City Attorney
City of Santa Ana
20 Civic Center Plaza(M-29)
P.O. Box 1988
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Santa Ana, California 92702
Fax (714) 647-6515
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I. ALTERATION OF TERMS j
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. This Agreement
supersedes any and all previous agreements between the parties relating to the subject matter hereof.
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 3
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
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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.
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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, i
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,
City of Santa Ana 4 of 8
2sc-60
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.
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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 1
shall provide evidence of such insurance. 3
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;
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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 art shall noti , the other art in writing, within twenty-four 24 hours of becoming
party � party, g� Y { ) g
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. j
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.
City of Santa Ana 5 of 8
25C-61
V. STATUS OF THE PARTIES E
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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 assinnes exclusively the responsibility for the acts of its
employees, agents, consultants, or subcontractors as they relate to the services to be provided during 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. I
VI. Term
A. The term of this Agreement shall commence as specified on Page 3 of this Agreement.
B. This Agreement shall be effective for the full ten (10) year term specified on Page 3 of this
Agreement, provided no notice of termination has been given by COUNTY in accordance with the
Termination paragraph of this Agreement.
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VII. TERMINATION
A. COUNTY may terminate this Agreement immediately upon default by CITY of its obligations
hereunder or under that Participation Agreement entered into, in the year 2016, between CITY,
COUNTY, and all other cities then contracting for Animal Care Services with COUNTY, for the I
purpose of allocating the increased costs of Animal Care Services resulting from the construction of a
new animal shelter.
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. Any obligation of COUNTY under this Agreement is contingent upon the inclusion of sufficient
funding for the services hereunder in the applicable budgets approved by the Board of Supervisors. In
the event such funding is subsequently reduced or terminated, COUNTY may terminate this Agreement
upon thirty (30) calendar days written notice given to CITY. Any obligation of CITY under this
Agreement is contingent on COUNTY making available to CITY the continued use of Animal Care
Services pursuant to the terms hereof. CITY acknowledges that other local cities have or will enter into
similar agreements with the COUNTY to provide Animal Care Services for a period of ten (10) years,
that the sharing of costs among the COUNTY and all contracting cities allows for costs 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 of Santa Ana 6 of 8
25C-62
CITY further acknowledges that the refusal of CITY to fulfill its obligations under this Agreement
would increase the financial burden of services on COUNTY and all remaining contracting cities. CITY
therefore agrees that it will fulfill its obligations hereunder and acknowledges that COUNTY and the
other cities acquiring Animal Care Services from COUNTY are relying on CITY'S stated agreement,
and the sharing of costs with CITY, in electing to acquire similar services.
VIII. THIRD PARTY BENEFICIARY
Except to the extent provided for in Section VII above with respect to other contracting cities,
neither party hereto intends that this Agreement shall create rights hereunder in third parties including,
but not limited to, any subcontractors or any clients provided services hereunder.
IX. WAIVER OF DEFAULT OR BREACH
Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any
breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach.
Waiver of any default or any breach shall not be considered a modification of the terms of this
Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, j
State of California.
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CITY OF SANTA ANA
BY: DATED:
CITY MANAGER
ATTEST:
BY: DATED:
CITY CLERK,-
APPROVED AS TO FORM:
A-.BY: hA,-ta- DATED:
CITY ATTORNEY
City oP Santa Aia 7 of S
25C-63
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COUNTY OF ORANGE
BY: DATED:
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TITLE:
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APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY: DATED:
DEPUTY
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City of Sauta Ana 8 of 8
25C-64
E
EXHIBIT A
TO AGREEMENT FOR PROVISION OF j
OC ANIMAL CARE SERVICES
WITH
CITY OF SANTA ANA
April 19, 2016 THROUGH Juune 30, 2026 {
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I. DEFINITIONS
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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 Services " 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.
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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 j
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 I
Notice of Intent signed by both ADMINISTRATOR or designee, and an authorized representative of
CITY.
City of Santa Ana 1 of 7 EXHIBIT A
25C-65
3. Upon mutual agreement of CITY and COUNTY, COUNTY may prepare a new or amended
Animal Care Notice of Intent at any time, may change due dates specified in subparagraph II.A.L 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. Each category of service includes Service Details which may be added or
changed by ADMINISTRATOR upon six (6) months prior notification to CITY. COUNTY shall
provide to CITY the Animal Care Services specified on the most current, Animal Care Notice of Intent
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for the Fiscal Year, signed in accordance with subparagraph ILA.2. of this Exhibit A to the Agreement.
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I. 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;
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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 j
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license billing; delinquent animal license follow-up; animal field 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. j
b. The number of hours of canvassing provided to CITY by COUNTY will be prorated
based on available canvassing hours and CITY percentage of costs of Animal Care Services received by
CITY during the previous Fiscal Year. At sole discretion of COUNTY, COUNTY may provide
canvassing services to cities that did not receive canvassing services in the previous Fiscal Year.
COUNTY may change its methodology for allocating canvassing hours upon six (6) months prior
notification to cities. i
3. ANIMAL CARE SHELTER SERVICES I
a. Animal Care Shelter Services include, but are not limited to, retention of impounded
City of Santa Ara 2 of 7 EXHIBIT A
25C-66
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; reasonable effort toward animal placement; public
education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are
neither redeemed nor adopted; veterina
ry ary 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, consistent with
applicable laws, keep said premises in a clean condition at all times, and use humane methods of care
consistent with applicable laws.
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 I
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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.
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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
City of Santa Ana 3 of 7 EXHIBIT A
25C-67
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.
E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance
from CITY, its officers, agents and employees.
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III. PAYMENTS
A. BASIS FOR PAYMENT
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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
take all action necessary to ensure that Animal Care Services fees effective with respect to CITY are
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 charge fees which are different from the COUNTY FEES, CITY shall 1
notify COUNTY of the applicable fee amounts to be charged for Animal Care Services within CITY's 3'
jurisdiction (the "CITY FEES") and the applicable 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
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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 enforcernent 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 Billing Dale Payment Due
July 1 through September 30 October 30 November 25
October 1 through December 31 January 30 February 25
January 1 through March 31 April 30 May 25
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April 1 through June 30 July 30 August 25
city of Santa Ana 4 of 7 EXHIBIT A
25C-68
2. 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.
3. COUNTY may modify the payment schedule upon six(6)months written notification to CITY.
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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 f
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 ten-ninate this Agreement. It is solely the
responsibility of CITY to immediately notify COUNTY of any discrepancy between relevant ordinances i
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 Santa Ana S of 7 EXHIBIT A
25C-69
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
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shall notify CITY, in writing, of COUNTY's decision regarding the requested exclusion. I
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
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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 I through September 30 October 30
October 1 through December 31 January 30
January I 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 VI.A. and VI.B.
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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 Santa Ana 6 of 7 EXHIBIT A
2sc-7o
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VII. RECORDS
A. All records created or received by COUNTY in accordance with the performance of COUNTY 3
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 I
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 pen-nit 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,
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City of Santa Ana 7 of 7 EXHIBIT A
25C-71
EXHIBIT B
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
CITY OF SANTA ANA
DATE THROUGH DATE
ANIMAL CARE NOTICE OF INTENT
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This Animal Care Notice of Intent specifics Animal Care Services to be provided to CITY by
COUNTY for the Period: Date through Date COUNTY agrees to provide to the City of SANTA ANA
the following Animal Care Services beginning Date.
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Servicel
Service2
Service3
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Service4
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.
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Significant Changes Since the Previous Animal Care Notice of Intent:
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To the best of my knowledge, this notice specifies the Animal Care Services to be provided by
COUNTY.
David Cavazos, City Manager Date
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OC Animal Care Director Date
City of Santa Ana I of 1 EXHIBIT B
25C-72
EXHIBIT 3
OC ANIMAL CARE SERVICES
NEW AGREEMENTS FOR SHELTER CONSTRUCTION AND
SERVICES
MAJOR TERMS
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Participation Agreement (New Shelter)
1. Establishes a Design Advisory Board consisting of three (3) city
representatives. Two of the representatives must be from cities
individually constituting more than 8% of the total usage of the
existing shelter (Anaheim, Santa Ana, Garden Grove or Orange).
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2. If at any time the County elects to discontinue providing animal
sheltering services, the cities have an option to take over the operation
of the shelter from the County under a ground lease arrangement.
This option is in play for 50 years.
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3. Maximum shelter cost is based on a $35M shelter with the County
contributing the first $5M toward costs incurred after April 1, 2016.
The remaining $30M is divided proportionally among cities based on
the previous 5 years of shelter usage. See attached draft exhibit D.
4. Payments may be made in advance, or at the election of each
individual city, over a ten year period. For those cities electing the 10 j
year payment period, payments will be due quarterly beginning in
October 2016 and will include an additional funding cost (0.77%) See
attached draft exhibit E.
5. After year 5, each city's respective percentage share of the maximum
construction costs shall be recalculated based on the same formula as
set forth in draft exhibit D but using then current statistical data. If any
city's respective percentage share is altered by the recalculation by
more than 5%, then each city's total share of the maximum
construction costs shall be recalculated so that the originally calculated
percentage shall be applied to one half of the maximum construction
costs and the recalculated percentage shall be applied to the second
half of the maximum construction costs.
25C-73
f. No city will be added to OC Animal Care program for a period of three
years to allow for appropriate sizing and establishment of operational
protocols for the new shelter. New cities will be required to pay a pro j
rats portion of the maximum construction costs based on the formula
in draft Exhibit D. New monies will first be applied toward any
necessary shelter expansion and the remainder will be deposited into a
shelter maintenance and repair fund to off-set future costs to all
contract cities.
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7. Any excess funds (maximum construction costs less actual
construction costs) shall be credited to cities against future charges
under each city's Services Agreement.
8. Participating cities are making a ten (10) year operational
commitment.
9. Maximum construction costs may increase under the following
conditions:
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I. The recalculation under number 5 above. There will be
winners and losers, if applied.
II. One or more cities fail to execute the Participation
Agreement. The maximum shelter cost of $35M is based
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on all existing contract cities signing the Participation j
Agreement. If any cities do not sign the Participation
Agreement, then the maximum cost to the remaining cities
may increase. While there is built-in scalability in the
County's design-build contract, there are also some fixed
costs that cannot be adjusted.
III. When a city fails to make payment under the 10 year
payment plan. If a city defaults on its payments, the
County will pursue all legal remedies and the remaining
cities may also pursue legal remedies. Should the non-
paying city pay any amount owing, the increased cost to
other cities will be reimbursed.
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Agreement for Provision of Animal Care Services
A. Ten year term. County will still issue an annual Notice of Intent.
25C-74
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B. May be terminated by County immediately upon default by a city
under the Services Agreement or the Participation Agreement.
C. County will no longer be able to terminate without cause.
D. City and County may agree to individualized services if the resulting
service level will not conflict with state or federal statutes and not
endanger the public health.
E. Cities may adopt fee amounts that differ from the County's fee
schedule.
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F. The FOAB is changed to the City Managers Association Animal Care
Committee (CMAAC) and will be constituted at the discretion of the
cities. The County no longer has the right to change the constitution of
the committee.
G. No less than once every three years, the County will engage an
external auditor to review city billings.
H. The Services Agreement must be executed simultaneously with the
Participation Agreement.
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IMPORTANT NOTE !
The County is requesting that cities approve and execute the agreements by
April I. If an individual city requires more time, they should contact Steve
Franks directly at (714) 480-2788.
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25C-75
0 R A N G E C O U N T Y EXHIBIT 4
OccommunityResources
Our Community. Our Commitment,
March 24, 2015
STEVE FRANKS
DIRECTOR
OC COMMUNITY RESOURCES E
Dear City Manager:
JENNIFER HAWKINS,DVM
DIRECTOR RE: ORANGE COUNTY ANIMAL CARE SHELTER &SERVICES �
OC ANIMAL CARE
As you are aware, the County of Orange is moving forward on the construction
RENEE RAMIREZ of a new Animal Shelter at the former MCAS Tustin Base. This project is being I
INTERIM DIRECTOR expedited given the condition of our aging Shelter. Considerable progress
OC COMMUNITY SERVICES has been made, including:
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iuLIA BIDWELL + Terms&conditions have been negotiated for Site Control of the MCAS
INTERIM DIRECTOR Tustin parcel consistent with the Notice of Intent approved b the
HOUSING COMMUNITY P pP Y
DEVELOPMENT&HOMELESS South Orange County Community College District (SOCCCD) and the i
PREVENTION Board of Supervisors last December. The proposed Lease Agreement
and Amended Land Exchange Agreement are scheduled for
STACY BLACKWOOD presentation to the Board of Supervisors for approval on April 12,
DIRECTOR 2015.
OC PARKS . Conceptual design and CEQA work is completed, and an Rl✓P for a
Design/Build contract has also been completed. The recommended
HELEN FRIED firm and proposed Design/Bu,ild contract are currently scheduled for
COUNTY LIBRARIAN OC PUBLIC LIBRARIES The April 12, 2016 meeting of the Board of Supervisors.
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Over the last several months, County staff and a team from the current
contract cities have been negotiating contract terms for a Participation
Agreement and the Agreement for Provision of Animal Care Services. It is my
understanding that the contract cities have been briefed on our progress by
the city negotiating team and the Mayor terms have been shared.
In summary, the Participation Agreement involves a $35 million dollar project
on the 10 acre parcel at MCAS Tustin. The County is providing the land and
the initial $5 million toward the project, with the cities providing a $30 million
contribution. The Participation Agreement includes a schedule of the
distribution of city costs (assuming a $35 million project in total and
participation by all 1S contract cities.) The contract allows for payment of the
city payments over a 10-year period. i
Several cities are exploring alternate service models. Please be advised that
there is scalability in the proposed Design/Build contract. We intend to work
with the Design team and our contract cities as to address sizing (and related
cost reductions)to reflect the service needs for the actual number of cities that
opt into contracts.
The Agreement for Provision of Animal Care Services involves a 10-year term,
effective from the date of execution. Neither party may terminate without
OFFICE OF THE DIRECTOR cause. Further, individualized service levels and fee structures may be
1770 NORTH BROADWAY negotiated b city providing that the resulting service level does not conflict
SANTA ANA,CA 92706- g Y Y p g g
2642 with existing law or endanger public health.
PHONE: 714.480.2788
Fax; 714.480.2899 At this point in time, we request a commitment from your city in the form of
25C-76
ORANGE COUNTY ANIMAL CARE SHELTER&SERVICES
PAGE 12
MARCH 24,2016
k
executing the two agreements. Attached is the final Participation Agreement and the
Agreement for Provision of Animal Care Services. These agreements were reviewed by the
City Attorney for Anaheim and the City of Garden Grove. A summary of Major Terms for both
agreements is attached. Please note that the exhibits for the Participation Agreement includes !
a site map, initial conceptual design work, a copy of the executed NOI between SOCCCD and
the County, the maximum construction costs and participation formula (by city), payment
schedule (for the 10-year city payments), and the Amended Services Agreement.
Although we had initially requested city commitments earlier in April, we are now requesting
cities execute both agreements by April 30tt. There will be no cities added after that for a three
year period while design and construction is completed and the initial operational protocols are
developed at the new site. E
Please provide a response by April 1 1th with the projected date your City Council will take
action and your planned recommendation as available. This information is important as these
two agreements will be presented to the Board of Supervisors for action on April 12, 2016.
I would also like to take this opportunity to share that the County is taking considerable efforts i
to improve and upgrade the services provided by OC Animal Care. Most recently, the County
has secured the services of a Shelter expert to assist in evaluating our current practices, with
the expectation that she and her team will make recommendations regarding "best practices"
for Shelter operations. We expect that you will be contacted as a part of this effort. The final
recommendations will be reviewed with contract cities, animal advocates, rescues, and the
general public in the preparation of an action plan. Dr. Jennifer Hawkins, Shelter Director, is i
available to provide details on this project and respond to any questions you may have
regarding the services provided by OC Animal Care.
Thank you for your assistance in expediting this matter. Your continued partnership in E
providing Animal Shelter and Field Services is appreciated. Please give me a call at 714-480- j
2788 with any questions you may have regarding the two agreements.
I
Yours truly,
I
StJeVks, irector D e j
OC Community Resources j
I
i
c: Frank Kim, County Executive Officer
Mark Denny, Chief Operating Officer
Attachments: Summary of Major Terms
Participation Agreement
Agreement for Provision of Animal Care Services
I
25C-77
25C-78
INSURANCE NOT REQUIRED
WORK MAY PROCEED A-2016-074-03
CLERK OF COUNCIL
� (D R r\ R7 G E C, 0I) Pd T Y
AT,E,
�-7 c .--. CommuneResources
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mmodity Oily Coel�mirsnel7t.
Ct�{�SSs �
DYLAN WRIGHT
DIRECTOR June 30,2020
OC COMMUNITY RESOURCES
City of Santa Ana
CYMANTHA ATKINSON Mr. Leo Martinez
DEPUTY DIRECTOR 60 Civic Center Plaza
OC COMMUNITY RESOURCES Santa Ana, CA 92701
ANDIBERNARD
Is IM DIRECTOR
OCC ANIMAL
RE: 2020-21 OC Animal Care Notice of Intent
CARE
JULIA BIDWELL
DIRECTOR Dear Mr. Martinez:
OC HOUSING&COMMUNITY
DEVELOPMENT Enclosed please find three (3)copies of a new Animal Care Notice of Intent(NOI) For the City of
Santa Ana (City), which includes a list of Animal Care Services the County of Orange (County)
RENEE RAMIREZ intends to provide during the upcoming fiscal year(FY) July 1, 2020 through June 30,202:1 at an
DIRECrOR estimated Net Cost of$1,921,154. This is the same Net Cost that was estimated for FY 2019-20.
OC COMMUNFIY SERVICES
As stated In the Agreement for Provision of OC Animal Care Services between the City and County
STACY BLACKWOOD (Agreement), the most recent animal care services fees approved by the County Board of
DIRECTOR Supervisors on July 17,2018,shall be used to determine City's Net Cost of Animal Care Services.
❑C PARKS
JULIE QUILLMAN Due to the Corona virus pandemic and its potential negative impact on OC Animal Care's fee
COUNTY LIBRARIAN revenue, the FY 2020-21 estimated Net Cost for each Contract City is based on a fee revenue
OC PUBLIC LIBRARIES decline of approximately 10%compared with the FY 2019-20 budget. In order to offset this possible
toss of fee revenue,every effort will be made to keep FY 2020-21 costs flat, including maintaining
vacant positions, deferring services and supplies costs when possible, and modifying operational
protocols to coincide with best practices developed in response to the pandemic.
Please note, each Contract City's actual Net Cost of Animal.Care Services for FY 2020-21 will be
based on services provided and revenue collected during that fiscal year. Therefore,each Contract
City's actual Net Cost for FY 2020-21 may be higher or lower than the enclosed estimate.
Kindly review the new NOI for FY 2020-21, obtain the signature of your City's authorized
representative on all three copies,and return to
OC Animal Care
ATTN: Alan Young
1630 Victory Road
Tustin, CA 92782
Once signed by the County,an executed original document will be returned to you.
Sincerely,
Alan You Bud Analyst
° Enclosure
1630 VICTORY ROAD
TUSTIN,CA 92782
PHONE: 714.935.6848
FAX: 714.935.6373
i
w�
Note: All capitalized terms used herein are defined in the Agreement for Provision of OC Animal
Care Services,
EXHIBIT B
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
CITY OF SANTA ANA
MAY 31,2016 THROUGH MAY 30, 2026
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 1,2020 through JUUNE 30, 2021. COUNTY agrees to provide to the City
of SANTA ANA the following Animal Care Services beginning JULY 1, 2020:
Animal Care Shelter Services
Animal Impound Services
The total estimated cost for Animal Care Services specified above is $1,921,154.
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:
tSa�n2�
To the best of my knowledge, this notice specifies the Animal Care Services to be provided by
COUNTY.
�4I ,()
City of SANTA ANA Representative and Date
�`�.O Gi Z02e7
ATTES1Q.C A�li�na Care Director Date
CITY CIFsaNF .arr By: f 1 EXHIBIT B
Daisy Gomez, MMC City Clerk
Clerk of the Cniinr.•rl
Return ORIGINAL A-2016-074-04
.JRkl1.'r ,lQUIRED executed copy to COTC,
"p0CE}I) M-30
• :� Community resources
April 1, 2021 --
DYI,gNWRIGkiT ` 'f'��CCti-Y"`•� � '+ �M
DIRECTOR City of Santa Ana
OCCOMMUNTTYRESOURCES Ms. Sona Mooradian
CYMANTBA ATKINSflN 60 Civic Center Plaza
ASSISTANT DIRECTOR Santa Ana, CA 92701
CC COMMUNITY RESOURCES
RE: FY 2021-22 OC Animal Care Notice of Intent
JULIE LYONS
DIRECTOR Dear Sona:
ADMINISTRATIVE SERVICES
I
ANDIBERNARD Enclosed please find three (3) copies of a new Animal Care Notice of Intent (NOI) for the
DIRECTOR City of Santa Ana(City),which includes a list of Animal Care Services the County of Orange
OCANIMALCARE (County) intends to provide for the upcoming fiscal year (FY) of July 1, 2021 through June
30, 2022 at an estimated Net Cost of 1 659 619.
JULIA BIDWELL
DIRECTOR OC HOUSING&COMM UNITY Any yurY
increase or decrease to o City's FY 2021-22 Net Cost estimate from the prior year
DEVELOPMENT NOI is based on service levels (animal control services and shelter charge days) and user
fee revenue from the most recent twelve months ending February 28, 2021,
RENEE RAMIREZ
DIRECTOR The total FY 2021-22 estimated Net Cost for all Contract Cities reflects no increase
OC COMMUNITY SERVICES to the total FY 2020-21 budgeted Net Cost of$13,673,469.
STACY BLACKWOOD I
DIRECTOR As stated in the Agreement for Provision of OC Animal Care Services between the City and
OC PARKS County, the most recent animal care services fees approved by the County Board of
Supervisors on July 17, 2018, shall be used to determine each Contract City's Net Cost of
,uuEOuIUMAN Animal Care Services.
COUNTY LIBRARIAN
OC PUBLIC LIBRARIES
Each Contract City's actual Net Cost of Animal Care Services for FY 2021-22 will be based
on actual services provided and fee revenue collected during the fiscal year. Therefore,
your City's actual Net Cost for FY 2021-22 may be higher or lower than the enclosed
estimate.
Kindly review the new NOI for FY 2021-22, obtain the signature of your City's authorized
representative on all three copies, and return to:
OC Animal Care
ATTN.- Alan Young
1630 Victory Road
Tustin, CA 92782
I
Once signed by the County, an executed original document will be returned to you.
Sincerely,
Ala Young, Budget Analyst
OC Animal C.vr
1630 VICTORY ROAD
TUSTIN, CA 92782
PHONE: 714.933.6B48 Enclosure
FAX: 714 259-1094
EXHIBIT B
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
CITY OF SANTA ANA
MAY 31,2016 THROUGH MAY 30, 2026
ANIMAL CARE NOTICE OF INTENT
This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by
COLTNTY for the Period: JULY 1,2021 through JUNE 30,2022. COUNTY agrees to provide to the City
of SANTA ANA the following Animal Care Services beginning DULY 1,2021:
Animal Care Shelter Services
Animal Impound Services
The total estimated cost for Animal Care Services specified above is$1,659,619.
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 nay 1(1-Iowledge, this notice specifies the Animal Care Services to be provided by
COUNTY,
City of SANTA ANA Representative and Title Date
OC Animal Care Director Date
ATTEST-
CITY OF SANTA ANABy: 1 of 1 EXHIBIT B
Daisy Gomez, MMC City Clerk
Clerk of the Council
Orozco, Norma
From: Daniel Sebastian Decter <seb.wookie@gmail.com>
Sent: Monday, February 28, 2022 10:24 AM
To: eComment
Subject: Santa Ana should phase out fossil fuels and fast track clean energy solutions
Dear Santa Ana City Council and Mayor Sarmiento,
Our community is being impacted on a daily basis by environmental hazards like lead and fossil fuels. We need to treat
this like the emergency it is and put in place protections for all Santa Ana residents. The resolution brought forward by
Councilmember Lopez is a good first step and roadmap for actions our community can take to resolve these pressing
issues.
Fossil fuels don'tjust exacerbate climate change, but also poison people. Study after study has shown that extracting,
transporting, refining, and burning fossil fuels harms environmental and human health—and new evidence shows that
toxic air pollution from fossil fuels also makes people more vulnerable to poor outcomes from COVID.
We must phase out fossil fuels from our daily lives—whether it's gas stoves causing asthma, tailpipes blanketing our
streets with smog, or gas stations poisoning water supplies and spreading cancerous chemicals like benzene. It's clear
we must start moving to clean energy systems—and soon. Our community should be running on clean, renewable
energy no later than 2030.
But it's not just fossil fuels that are harming our community. Many neighborhoods in Santa Ana suffer from
disproportionately high levels of lead in their soil,which can lead to serious developmental and health issues.The city
must do more and protect our residents.
Addressing these issues won't just improve our health, it will also improve our local economy.The Biden administration
is investing money in green infrastructure buildout, and we need to make sure we have shovel ready jobs prepared.
What's more, cleaning up environmental pollution and converting our energy systems are massive job opportunities that
could bring family-wage jobs to thousands of people in Santa Ana.
I'm writing to you today to ask you to please implement the contents of the climate and public health emergency
resolution that calls for an end to fossil fuel expansion, clean renewable energy choices that save money, actions that
will reduce lead and other environmental toxins in our neighborhoods,family-wage jobs, and an endorsement of the
Fossil Fuel Non-Proliferation Treaty initiative. We can reduce pollution that is cooking the planet and poisoning our
communities while improving the quality of life for every Santa Ana resident.
Please please follow through with what this resolution promises and start taking local action by passing policies that
stop fossil fuel expansion, speed up the clean energy transition, reduce local pollution, and empower our local
community and economy.
Thank you,
Daniel Sebastian Decter, M4M 1W3
1