HomeMy WebLinkAboutORANGE, COUNTY OF - 2006AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any
questions.
nti
~•..
The agreement with 0 ~ ~~z(~l~~y ~~ }~ , No. ~~GC~~i~ ~ ~ ~~~ ~~
~~
-7 ~1
was completed on r~ _ ,~ ° ~ r l 4
N ~-, ,and final payment has been made. ~,.
/~~ "`~~-`~' Department: __ -+ (~ ~''y
W ~ r~N~ ~« ~p-
.M" ... ~ .Y L~
Signature: ~ ~~, ~
r_.
.~ :: Date: _ ~ 1 '' l.~
~ .`'
~,. ~-- w
Revised 8 03 t~ v City of Santa Ana
__ Clerk of the Council
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
1N3tIi2~aNCE NOf NF(lUiratu
'~~n(~rJ~In9~,r y?1ORC{EE~J
LLIi\ti ~JI '.ioUY l'~4
C~7E: 1 a- aC -vh
~: ~(1 (~
~se~~
AGREEMENT FOR PROVISION OF
ANIMAL CARE SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CTI'Y OF SANTA ANA
FISCAL YEAR 2006 - 2007
A-2006-313
THIS AGREEMENT entered into this 1st day of July 2006, 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 municipal nonprofit corporation (CITY).
This Agreement shall be administered by the County of Orange Health Caze Agency
(ADMRVISTRATOR).
WITNESSETH:
WHEREAS, CITY wishes to contract with COUNTY for the provision of the Animal Caze 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:
/1
1!
//
//
//
//
//
11
//
//
//
I //
X11
J!
//
//
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
PARAGRAPH
EXHIBIT B
Type of Animal Care Service
//
//
//
//
//
//
//
//
//
//
X:\CONTRACT 2006-07Wnimal Care Services-Master2-06-07-HH.Doc
2 of 7
1
2
3
4
4
4
5
5
5
5
6
6
7
1
2
2
4
5
5
.......................................................1 Page
PAGE
ACSXK07
1
2
3
4~
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
REFERENCED CONTRACT PROVISIONS
Term: July 1, 2006 through June 3Q 2007
Notices to COUNTY and CITY:
COUNTY: County of Orange
Health Caze Agency
Deputy Agency Director for Regulatory Health Services
405 West 5th Street, 7th Floor
Santa Ana, CA 92701-4637
and
County of Orange
Health Care Agency
Contract Development and Management
405 West 5th Street, Suite 600
Santa Ana, CA 92701-4637
CTfY: David N. Ream
City Manager
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
3 of 7
X:\CONTRACT 2006-07Wnimal Care Services-Master2-06-07-HH.Doc
ACSXK07
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
I. ALTERATION OF TERMS
This Agreement, together with Exhibits A and B attached hereto and incorporated herein by
reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of
this Agreement, and shall constitute the total Agreement between the parties for these purposes. No
addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless
made in writing and formally approved and executed by both parties.
II. INDEMNIFICATION
Each party agrees to indemnify and hold harmless the other party, its officers, agents and employees
from all liability, claims, losses and demands, including defense costs, whether resulting from court
action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or
employees, or arising out of the condition of property used in the performance of this Agreement. Each
party agrees to provide the indemnifying party with written notification of any claim within thirty (30)
calendar days of notice thereof, to allow the indemnifying party control over the defense and settlement
of the claim, and to cooperate with the indemnifying party in its defense.
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;
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 Pazcel
Service, or other expedited delivery service.
B. Termination Notices shall be addressed as specified on Page 3 of this Agreement or as
otherwise directed by ADMINISTRATOR and shall be effective when FAXed, transmission confirmed,
or when accepted by U.S. Postal Service Express Mail, Federal Express, United Pazcel Service, or other
expedited delivery service.
C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming
awaze 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.
//
//
X:\CONTRACT 2006-07Wnimal Care Services-Mas[er2-06-07-HH.Doc
4 of 7
ACSXK07
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
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
I in full force and effect, and to that extent the provisions of this Agreement aze severable.
V. STATUS OF THE PARTIES
Each party is, and shall at all times be deemed to be, an independent contractor and shall be wholly
responsible for the manner in which it performs the services required of it by the terms of this
Agreement. Each party is entirely responsible for compensating staff and consultants employed by that
'party. This Agreement shall not be construed as creating the relationship of employer and employee, or
principal and agent, between COUNTY and CITY or any of either party's employees, agents,
consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its
employees, agents, consultants, or subcontractors as they relate to the services to be provided during the
course and scope of their employment. Each party, its agents, employees, or subcontractors, shall not be
entitled to any rights or privileges of the other party's employees and shall not be considered in any
manner to be employees of the other party.
VI. TERM
A. The term of this Agreement shall commence and terminate as specified on Page 3 of this
Agreement, unless otherwise sooner terminated as provided in this Agreement; provided, however,
COUNTY shall be obligated to perform such duties as would normally extend beyond this teen,
including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting
and accounting.
B. The term of this Agreement shall be automatically extended fora 180-day period through
December 31, 2007, if a successor Agreement between the parties is not in force by July 1, 2007, and no
notice ofnon-renewal has been given by either CITY or COUNTY in accordance with the Termination
paragraph of this Agreement.
C. If either party determines not to renew this Agreement, a minimum of six (6) months' written
notice shall be given to the other party.
VII. TERMINATION
A. If either party determines not to renew this Agreement, written notice shall be given to the other
party no later than December 31, 2006.
B. Any obligation of COUNTY under this agreement is contingent upon the following:
//
X:\CONTRACT 2006-0741nimal Care Services-Master2-06-07-HH.Doc
5 of 7
ACSXK07
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
1. Inclusion of sufficient funding for the services hereunder in the applicable budgets approved
by the Board of Supervisors.
2. In the event such funding is subsequently reduced or terminated, COUNTY may temunate
this agreement upon thirty (30) calendaz days written notice given to CTfY.
VIII. THIRD PARTY BENEFICIARY
Neither party hereto intends that this Agreement shall create rights hereunder in third parties
including, but not limited to, any subcontractors or any clients provided services hereunder.
IX. WAIVER OF DEFAULT OR BREACH
Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any
breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach.
Waiver of any default or any breach shall not be considered a modification of the teens of this
Agreement.
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
X:\CONTRACT 2006-07\Animal Care Services-Master2-06-07-HH.Dw
6 of 7
ACSXK07
1
2
3
4
5
6
7
8
9
10
11
12
13
14
is
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
State of California.
COUNTY OF ORANGE Q~ ~~~
~ ~~ -6u-rte/
BY:
JiJL1ETTE A. POULSON, RN, MN
DIRECTOR, HEALTH CARE AGENCY
CITY OF SANTA ANA
a municipal corporation
BY: ~~` ~t.@/U/~%y~~%t y~i.~9 12 - Z,~-C:xi:,
`~ CIT AGER DATE
ATTEST:
~ Z ~2_c9 -{9..~
CITY CLERK DATE
DATED: S' j`~'~ ~'
APPROVED AS TO FORM: APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL CITY ATTORNEY
ORANGE COUNTY, C,`A•"LI~~FORNIA ~ u ^
BY: ~ ~ ~~iAilTililc.. ~ OG BY: ~~7~C~ ~-- ~ {~- > 'p c
DEPUTY DATE ~ ~~i /~. ~~ ~ DATE
X:\CONTRACT 2006-07Wnimal Care Services-Mas[eR-06-07-HH.DOc
7 of 7
ACSXK07
1 EXHIBIT A
2 TO AGREEMENT WITH
3 CITY OF SANTA ANA
q ANIMAL CARE SERVICES
g FISCAL YEAR 2006 - 2007
6
7 I. CONFORMITY OF LAWS OR REGULATIONS
g A. If CITY is considering adopting an ordinance and requesting its enforcement by COUNTY,
9 COUNTY'S Health Care Agency Director or designee may provide assistance to CITY in defining the
10 manner in which the proposed ordinance enforcement would be provided by COUNTY. Requests for
11 assistance must be made in writing and received by COUNTY sixty (60) calendar days prior to the
12 requested implementation of the service. The manner and extent to which services aze provided by
13 COUNTY in response to CITY'S request shall be determined by COUNTY'S Health Caze Agency
14 Director, or designee, and may be provided if the cost of such services can be delineated and
15 accommodated under the provisions of the Payments pazagraph of Exhibit A to this Agreement.
16 B. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY.
17 Requests For exclusion must be submitted in writing and received by COUNTY sixty (60) calendar days
1 g prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if they are
19 not in conflict with State statutes or do not endanger the public health. COUNTY'S Health Care
20 Agency Director, or designee, acting on behalf of COUNTY, may use discretion and need not request
21 CITY to adopt amendments which do not apply to CITY. COUNTY shall notify CITY, in writing, of
22 COUNTY'S decision regarding the requested exclusion.
23 C. Notwithstanding anything to the contrazy herein contained, if CITY is not the City of
24 Anaheim, City of La Habra or the City of Santa Ana, CITY agrees to the following:
25 1. This Agreement shall terminate at any time that CITY fails to enact, and to maintain in full
26 force and effect an ordinance identical in intent to the provisions of Article 1 through 10 of Division 1 of
27 Title 4, and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of the County of Orange, and
2g other regulations presently adopted by the Orange County Boazd of Supervisors concerning animal
29 control, including those which relate to fees.
30 2. This Agreement shall also terminate if CITY does not enact the same amendments to its
31 Municipal Code as those adopted by COUNTY'S Boazd of Supervisors regazding animal control within
32 sixty (60) calendaz days after a request to do so by COUNTY'S Health Care Agency Director, or
33 designee.
34 D. If CITY is the City of La Habra or the City of Santa Ana, CITY agrees to the following:
35 1. CITY shall, during the term of this Agreement, follow COUNTY'S ordinance including any
36 amendments, relating to the redemption and disposal of impounded animals. In addition, CITY shall
37 adopt a fee schedule relating to the redemption and disposal of impounded animals which shall be
1 of 8 EXHIBIT A
X:\CONTRACT 2006-07Wnimal Care Services-Master2A6-07-HH.Doc ACSXK07
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
identical to the COUNTY fee schedule, including any amendments thereto. COUNTY shall notify
CITY of any amendments to the COUNTY ordinance and fee schedule, and CITY shall adopt the same
within thirty (30) calendaz days of such notice.
2. CITY shall comply with administrative procedures adopted by COUNTY designed to
document the receipt of an animal by COUNTY, including the execution of receipts and animal history
records.
E. If CTfY is the City of Anaheim, COUNTY shall enforce the provisions of, and issue citations
for violations pursuant to, the codified ordinances of the Anaheim Municipal Code (Title 8) when
providing Animal Caze Field Services within the legal boundaries of CITY.
II. FINANCIAL/OPERATIONAL ADVISORY BOARD
The parties agree that there shall be a FinanciaUOperational Advisory Boazd to advise COUNTY'S
Director of Animal Care Services on financial and operational matters and to assess cost recovery
options for future yeazs. The FinanciaUOperational Advisory Board shall be made up of seven (7)
members, six (6) members appointed by the Orange County League of Cities and one (1) member
appointed by COUNTY.
III. PAYMENTS
A. BASIS FOR PAYMENT -CITY shall pay COUNTY the Net Cost of providing Animal Care
Services specified in Exhibit B to this Agreement. If CITY is the City of La Habra, Net Cost shall be
calculated to include Actual Cost, Fee Revenue, Net Cost, debits or credits for FY 2004-05, and debits
or credits for FY 2005-06 for the City of Buena Park. COUNTY agrees to collect and maintain
expenditure and workload data to be used to determine the Net Cost of Animal Care Services provided
to CITY by COUNTY during the term of this Agreement.
B. ACTUAL COST OF ANIMAL CARE SERVICES
1. CITY'S Actual Cost of Animal Care Field Services shall be determined by applying
CITY'S percentage of the total Animal Care Field Services provided by COUNTY to COUNTY'S Total
Actual Expenditures, including indirect charges, for providing all Animal Caze Field Services within
County.
2. CITY'S Actual Cost of Animal Caze Special Services shall be determined by applying
CTTY'S percentage of the total animal licenses sold by COUNTY to the COUNTY'S Total Actual
Expenditures, including indirect chazges, for providing all Animal Caze Special Services within County.
3. CTI'Y'S Actual Cost of Animal Caze Shelter Services shall be determined by applying the
CITY'S percentage of animal chazge days, for animals impounded from within the corporate limits of
CITY and animals received from residents of CITY, to COUNTY'S Total Actual Expenditures,
including indirect charges, for providing all Animal Care Shelter Services within County. An animal
//
X:\CONTRACT 2006-07Wnimal Care Services-Mas[er2-06-07-HH.Doc
2of8
EXHIBIT A
ACSXK07
1 charge day is defined as each day or portion of a day that an animal is housed at COUNTY'S Animal
2 Shelter.
3 4. CITY'S Actual Cost of Animal Caze License Processing Services shall be determined by
4 applying CITY'S percentage of Animal Caze License Processing Services to COUNTY'S Total Actual
$ Expenditures, including indirect chazges, for providing all Animal Caze License Processing Services
6 within County.
7 5. CITY'S Actual Cost of Animal Caze Impound Processing Services shall be determined by
g applying CITY'S percentage of Animal Caze Impound Processing Services to COUNTY'S Total Actual
9 Expenditures, including indirect chazges, for providing all Animal Caze Impound Processing Services
10 within County.
11 6. CITY'S Total Actual Cost shall be the sum of CITY'S Actual Cost of Animal Care Field
12 Services, Animal Caze Special Services, Animal Caze Shelter Services, Animal Caze License Processing
13 Services, and Animal Caze Irnpound Processing Services.
14 C. FEE REVENUE
15 1. COUNTY shall have all fee collection powers of CITY and shall receive all cooperation
16 possible from CITY to enable efficient enforcement of fee collection. COIJNTY shall retain all fee
17 revenue derived from the enforcement of the ordinances pertaining to Animal Caze Services provided by
18 COUNTY. CITY'S Fee Revenue shall be credited to CITY'S Actual Cost of Animal Caze Services.
19 2. COUNTY agrees to keep record of and to credit to CITY all fee revenue collected from
20 residents, generated from animals received, and generated from animals impounded from within the
21 corporate limits of CITY.
22 D. NET COST OF ANIMAL CARE SERVICES -CITY'S Net Cost of Animal Care Services shall
23 be determined by:
24 1. Reducing CITY'S Total Actual Costs by the total amount of Fee Revenue generated
25 from CITY.
26 2. Applying, in the October 2006 billing, any debit or credit for services to CITY provided
27 by COUNTY pursuant to the Agreement for Provision of Animal Caze Services between COUNTY and
28 CITY for Fiscal Yeaz 2004-05.
29 3. Applying, in the January 2007 billing, any debit or credit for services to CITY provided
30 by COUNTY pursuant to the Agreement for Provision of Animal Care Services between COUNTY and
31 CITY for Fiscal Yeaz 2005-06.
32 E. PAYMENT METHOD
33 1. CITY shall pay COUNTY in arreazs for the Net Cost of Animal Caze Services provided.
34 Billings aze due from COUNTY to CITY within (30) calendaz days following the three-month Period
35 specified below. CITY shall pay COUNTY for Animal Caze Services in accordance with the following
36 schedule:
37 //
3 of 8 EXHIBIT A
X:\CONTRACT 2006-07Wnimal Care Services-Master2-06-07-HH.DOC ACSXK07
1 Period Billing Due Payment Due
2 July 1st through September 30th October 30th November 15th
3 October 1st through December 31st January 30th February 15th
4 January 1st through Mazch 31st Apri130th May 15th
$ April 1st through June 30th July 30th August 15th
6
7 2. If payment is not received by COUNTY by the Payment Due date specified in subpazagraph
g III.E. above, COUNTY may cease providing any further service under this Agreement and may satisfy
9 the indebtedness in any manner prescribed bylaw.
10 F. CITY shall not be called upon to assume any liability for the direct payment of any salaries,
11 wages or other compensation to any COUNTY personnel performing services hereunder for COUNTY,
12 or any liability other than provided for in the Agreement. CITY shall not be liable for compensation or
13 indemnity to any COUNTY employee for injury or sickness arising out of his or her employment.
14 G. In the event this Agreement is extended in accordance with the Term pazagraph of this
15 Agreement, CTI'Y shall make monthly provisional payments to COUNTY in an amount equal to
16 one-twelfth (1/12) of the sum of CITY'S Net Cost for the previous July 1st through June 30th period.
17 Said payments shall be due to COUNTY no later than forty-five (45) calendaz days after the month in
1 g which services were provided.
19 1. If CITY'S Net Costs of services provided during this extension period aze less than the
20 provisional payments then COUNTY shall credit the difference to CITY in a FY 2007-08 Agreement
21 between CITY and COUNTY for Animal Caze Services. If CITY does not enter into a subsequent
22 Agreement with COUNTY for Animal Caze Services, COUNTY shall refund the difference.
23 2. If CITY'S Net Costs of services provided during this extension period aze greater than the
24 provisional payments then COUNTY shall debit the difference to CITY in a FY 2007-08 Agreement
25 between CITY and COUNTY for Animal Caze Services. If CITY does not enter into a subsequent
26 Agreement with COUNTY for Animal Caze Services, COUNTY shall invoice CITY for the difference.
27 If payment is not received by COUNTY within sixty (60) calendaz days after the invoice is submitted,
28 COUNTY may satisfy the indebtedness in any manner prescribed by law.
29
30 IV. RECORDS
31 A. All records created or received by COUNTY in accordance with the performance of COUNTY
32 services pursuant to this Agreement aze confidential. COUNTY agrees to keep such books and records
33 in such form and manner as the Auditor-Controller of COUNTY shall specify. Said books and records
34 shall be open for examination by CITY at all reasonable times.
35 B. Once each yeaz, COUNTY shall deliver to CITY only the addresses of each CITY licensed pet
36 upon demand without additional expense or cost to CITY. Any such information requested which is
37 confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to
4 of 8 EXHIBIT A
X:\CONTRACT 2006-07Wnimal Care Services-Master2-06-07-HH.Doc ACSXK07
1 Government Code section 6254.5(e). Prior to each disclosure, CITY agrees to complete and return to
2 COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties
3 agree and understand that this procedure is required by the Public Records Act and necessitated to
q permit CITY to obtain the information required for its use, and to allow COUNTY to disclose said
$ information without the risk of waiver of the right to refuse to disclose such confidential information to
6 others. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in
7 possession of such records, and permitted by state law to disclose them voluntarily.
8
9 V. REPORTS
10 COUNTY shall provide to CITY written, Quazterly Reports of Animal Care Services income,
11 expenses and service activities for each Period specified below. Said reports will be due to CITY within
12 thirty (30) calendaz days of the month following the reporting period, in accordance with the schedule
13 below:
14 Period Reports Due
15 July 1st through September 30th October 30th
16 October 1st through December 31st January 30th
17 January 1st through Mazch 31st Apri130th
1 g April 1st through June 30th July 30th
19
20 VI. SERVICES TO BE PROVIDED BY COUNTY
21 A. COUNTY agrees, under the direction of COUNTY'S Health Caze Agency Director, or
22 designee, to provide to CITY Animal Caze Services specified in Exhibit B to this Agreement. Services
23 provided by COUNTY shall include the enforcement of State statutes deemed applicable to CITY by
24 COUNTY. Services shall be provided in the following categories:
25 1. ANIMAL CARE FIELD SERVICES
26 a. Animal Caze Field Services shall be provided seven days a week, 24 hours per day,
27 365 days a yeaz, with the level of service reduced between the hours of 11:00 p.m. and 7:00 a.m.
2g Telephone service request lines shall be answered between 8:00 a.m. and 5:00 p.m. every day, except
29 holidays; lines shall be monitored and responded to on a priority basis on holidays and after 5:00 p.m.
3p Activities include, but aze not limited to: patrol of assigned regional azeas; 24-hour Emergency Response
31 service; impounding of stray dogs or confined stray cats and of owner-released animals; pick up of
32 injured wildlife; cruelty investigations; field release to owner and impound fee collection for licensed
33 dogs impounded; bite investigations; quazantine activities including home checks of animals involved in
34 bites; inspections of sites which aze required to comply with the vicious dog ordinance; transportation of
35 all injured impounded animals to emergency veterinarians; issuance of citations; impounding of dead
36 animals for disposal; response to service request calls from law enforcement and city officials to assist in
37 areas regazding suspected criminal activities or zoning violations; citizen contacts to provide information
5 of 8 EXHIBIT A
X:\CONTRACT 2006A7\Animal Care Services-Master2-06-07-HH.Doc ACSXK07
1 or advice regazding wildlife or other animal concerns, not to include wildlife eradication or relocation
2 services.
3 b. In-house field services activities which may not require contact in the field by an officer
q shall include, but not be limited to: assistance to citizens regazding barking dogs and other nuisance
5 complaints; advice regazding wildlife management and other issues.
6 2. ANIMAL CARE SPECIAL SERVICES
7 a. In keeping with Public Health laws which require rabies vaccination and licensing of all
g dogs over four (4) months old, COUNTY shall canvass residences within CITY to locate and license
9 unlicensed dogs. The number of hours of canvassing provided to CITY by COUNTY shall be prorated
10 based on available canvassing hours and Net Costs of cities receiving canvassing services from
11 July 1, 2005 through June 30, 2006. At the sole discretion of COUNTY, the number of hours of
12 canvassing may be adjusted to include cities that did not receive canvassing services from July 1, 2005
13 through June 30, 2006; provided, however, COUNTY notifies CITY, in writing sixty (60) calendaz days
14 prior to said adjustment to canvassing hours. Licenses shall be sold at the residence; enforcement
15 officers will follow-up on problems when necessary. Nothing in this Agreement prohibits other methods
16 for the sale of dog licenses by CITY or COUNTY.
17 b. All animal-related businesses in the jurisdiction shall be inspected in accordance with
18 COUNTY established inspection schedules, and in response to any complaints received to assure that
19 facilities meet required standazds. Appropriate notification shall be given to CITY. In those cities
20 which allow animal pennits for private homes, permits shall be issued with the approval of CITY
21 following neighborhood investigation and inspection of the home to assure that the residence has
22 adequate facilities to maintain the requested number of animals. Pet license renewals shall be processed
23 through an automated renewal system. COUNTY will process renewals and answer telephone and in-
24 person questions regazding licensing requirements.
25 3. ANIMAL CARE SHELTER SERVICES
26 a. Shelter shall receive animals from the public 365 days a year from 7:00 a.m. until
27 11:00 p.m. Stray animals shall be accepted without chazge. Owners who release their animals will be
28 charged a fee. The Shelter shall be open to the public to locate lost pets or for pet adoption during hours
29 designated by COUNTY. A low cost vaccination clinic will be held at the Shelter the first Tuesday of
30 each month, or at such other times and locations designated by COUNTY.
31 b. If CITY is City of La Habra or the City of Santa Ana, the Shelter shall receive animals
32 from CITY animal control officers, at times arranged by COUNTY. COUNTY shall coordinate this
33 service and notify CITY of procedures and times for receipt of these animals.
34 c. The Shelter shall retain dogs, cats and all other impounded animals in accordance with
35 state law. Animals will be kept on public display to allow owner identification. When animals aze
36 wearing identification, owners will be contacted by telephone and by mail If animals are not redeemed
37 by their owners and adoption holds have not been placed, some may be made available for adoption for
6 of 8 EXHIBIT A
X:\CONTRACT 2006-07Wnimal Care Services-Master2-06-07-HH.Doc
ACSXK07
1 an additional time period on a space available basis. Those which aze neither redeemed nor adopted may
2 be euthanized and cazcasses disposed of.
3 d. If CITY wishes to request additional retention days for healthy, non-aggressive animals
4 impounded within CITY, such services may be requested in writing with sixty (60) calendaz days
$ advance notice. Such service will be provided to CITY upon written approval of COUNTY'S Health
6 Caze Agency Director, or designee. If agreed to, additional animal retention days will be offered on a
7 space available basis only. CITY shall pay chazges for additional retention days in accordance with the
g Payments pazagraph of Exhibit A to this Agreement.
9 e. Veterinary services shall be available seven (7) days a week. Services provided shall be
10 consistent with standazds established by the California Veterinazy Medical Boazd, and shall include
11 emergency, routine, and preventive veterinary Gaze as required. Veterinary staff shall perform required
12 euthanasia by lethal injection. Necropsies shall be perfonned on animals that die under suspicious
13 circumstances or at the request of law enforcement.
14 f. No animals may be donated, sold or otherwise released for the purposes of
15 experimentation, reseazch or vivisection.
16 g. For the purposes of determining whether CITY shall be assessed boazding fees,
17 COUNTY shall request verification of residence for any person residing in CITY who delivers any
lg animal to COUNTY'S Animal Shelter. COUNTY shall also verify where a person resides within the
19 corporate boundaries of CITY.
20 4. ANIMAL CARE LICENSE PROCESSING SERVICES -COUNTY shall sell or release
21 impounded dogs to CITY residents only upon proof of rabies vaccination, the payment of CITY dog
22 license fees, and issuance of a dog license voucher. The COUNTY shall maintain a record of all dog
23 license fees collected and shall forwazd copies of dog license receipts to CITY within seven (7) business
24 days for CITY processing. CITY agrees to pay a license processing fee of $5.50 for each dog license
25 voucher issued by COUNTY. Said revenue and chazges shall be reflected under Animal Care Shelter
26 Services and credited to CITY in accordance with the Payments Pazagraph of Exhibit A to this
27 Agreement. CITY shall make its best effort to provide, monthly, updated dog licensing information to
28 COUNTY.
29 5. ANIMAL CARE IMPOUND PROCESSING SERVICES -CITY agrees to pay an impound
30 processing fee of $4.00 for animal photography and impound data entry into the animal management
31 database, for each animal impounded by CITY Animal Control. Said revenue and charges shall be
32 reflected under Animal Caze Shelter Services and credited to CITY in accordance with the Payments
33 Paragraph of Exhibit A to this Agreement.
34 B. Animal Care Field Services, Animal Caze Special Services, and Animal Caze Shelter Services
35 provided by COUNTY under this Agreement shall be established as those customarily provided to
36 residents of unincorporated azeas of COUNTY.
37 ~~
7 of 8 EXHIBIT A
X:\CONTRACT 2006-07Wnimal Care Services-Mas[er2-06-07-HH.Doc ACSXK07
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
C. If CITY is the City of Santa Ana, COUNTY shall provide notification to CITY residents upon
resident's adoption of a dog. The notification shall state that CITY resident is required to obtain a dog
license from CITY within fourteen (14) calendaz days of adoption. CITY shall make its best efforts to
provide, monthly, updated dog licensing information to COUNTY.
D. COUNTY shall furnish and supply all necessary labor, supervision, equipment, and supplies to
provide the services described in this Agreement. In all instances wherein special supplies, stationery,
notices, forms and the like aze issued in the name of CTTY, the same shall be supplied by CITY at its
own expense.
E. The method by which services aze provided, the standazd of performance, any other matters
incidental to the performance of such services, and the control of personnel so employed, shall be
determined by COUNTY. In the event of a dispute between the parties as to the extent of the duties and
functions to be provided hereunder, or the level and manner of performance of such services, the parties
shall meet in good faith to resolve their differences. In the event of an impasse, the decision of
COUNTY'S Health Caze Agency Director, or designee, shall be final.
F. To facilitate the performance of services hereunder, COUNTY shall have full cooperation and
assistance from CITY, its officers, agents and employees.
G. COUNTY agrees to maintain its animal shelter in a humane manner and keep said premises in a
clean condition at all times, and that all services furnished by it hereunder shall be in accordance with
the laws of the State of California, and that it will give required notices and use humane methods of caze
and destruction of any animal coming under its jurisdiction.
H. COUNTY shall provide community outreach programs, and shall coordinate such programs
with CITY through a designated City Liaison provided by COUNTY. Outreach efforts shall include, but
not be limited to, mobile licensing and adoption events, and visits to schools and community groups to
provide education regazding wildlife management, responsible pet ownership and other animal related
issues topics.
I. ANIMALS RETAINED FOR CRIMINAL PROSECUTION -Animals which aze being retained
in criminal prosecutions, except for violations of Animal Control regulations and/or ordinances pursuant
to this Agreement, are not to be construed as held pursuant to the services provided under this
Agreement; housing will be provided at the discretion of COUNTY and at COUNTY'S usual and
customary chazges for such housing.
//
//
//
//
//
//
//
X:\CONTRACT 2006-07Wnimal Care Services-Master2-06-07-HH.Doc
8of8
EXHIBIT A
ncsxxo7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
EXHIBIT B
TO AGREEMENT WITH
CITY OF SANTA ANA
ANIMAL CARE SERVICES
FISCAL YEAR 2006 - 2007
TYPE OF ANIMAL CARE SERVICE
COUNTY agrees to provide the following Animal Caze Services pursuant to the terms and conditions
specified in this Agreement for Provision of Animal Caze Services between COiJNTY and CITY.
Animal Caze Field Services
Animal Caze Special Services
Animal Care Shelter Services
Animal Caze License Processing Services
Animal Caze Impound Processing Services
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
1 of 1
X:\CONTRACT 2006-07Wnimal Care Services-Masted-06-07-HH.Doc 4/25/2006 4:57 PM
X
X
EXHIBIT B
ACSIKK07