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HomeMy WebLinkAboutORANGE, COUNTY OF (2)-2009A-2008-313 ,1VU AGREEMENT FOR PROVISION OF n 2 j— 4— I OC ANIMAL CARE SERVICES 3 BETWEEN INAFMCE N01 REQUIRED COUNTY OF ORANGE 5 qORK Mk PROCEED AND 6 CLERK 01= COUNCIL CITY OF SANTA ANA 7 _ -01KJANUARY 1, 2009 THROUGH JUNE 30, 2009 8 9 THIS AGREEMENT entered into this 1st day of January 2009, which date is enumerated for 10 purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the 11 State of California (COUNTY) and the CITY OF SANTA ANA, a municipal corporation (CITY). This 12 Agreement shall be administered by County of Orange OC Community Resources 13 (ADMINISTRATOR). 14 15 WITNESSETH: 16 17 WHEREAS, CITY wishes to contract with COUNTY for the provision of the OC Animal Care 18 Services described herein; and 19 WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions 20 hereinafter set forth: 21 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 22 23 24 25 26 27 28 // 29 // 30 // 31 32 33 34 35 36 37 // 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 CONTENTS PARAGRAPH PAGE TitlePage................................................................................................................................. 1 Contents................................................................................................................................... 2 Referenced Contract Provisions.............................................................................................. 3 I. Alteration of Terms................................................................................................................. 4 II. Indemnification and Insurance................................................................................................ 4 III. Notices..................................................................................................................................... 5 IV. Severability.............................................................................................................................. 5 V. Status of the Parties................................................................................................................. 5 VI. Term......................................................................................................................................... 6 VII. Termination............................................................................................................................. 6 VIII. Third Party Beneficiary........................................................................................................... 6 IX. Waiver of Default or Breach................................................................................................... 6 SignaturePage......................................................................................................................... 7 EXHIBIT A I. Definitions................................................................ II. Services to be Provided by County .......................... III. Payments................................................................... IV. Financial/Operational Advisory Board .................... V. Laws and Regulations .............................................. VI. Reports...................................................................... VII. Records..................................................................... ............................................................ 1 ............................................................ 1 ............................................................ 4 ............................................................ 4 ............................................................ 5 ............................................................ 6 ........................................................... 6 AnimalCare Notice of Intent............................................................................................... 1 Page // // // // // // // Santa Ana 2 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo 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: JANUARY 1, 2009 through JUNE 30, 2009 Notices to COUNTY and CITY: COUNTY: County of Orange OC Community Resources Director's Office 1770 North Broadway Santa Ana, CA 92706-2642 and County of Orange OC Community Resources OC Animal Care Director 561 The City Drive South Orange, CA 92868 CITY: Cathy Standiford Assistant City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 // // // // // // // // // // // // Santa Ana 3 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACS 1 CRAKKoo 1 I. ALTERATION OF TERMS 2 This Agreement, together with Exhibit A and B, attached hereto and incorporated herein by 3 reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of 4 this Agreement, and shall constitute the total Agreement between the parties for these purposes. No 5 addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless 6 made in writing and formally approved and executed by both COUNTY and CITY. 7 8 II. INDEMNIFICATION AND INSURANCE 9 A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials, 10 officers, employees, agents and those special districts and agencies for which COUNTY's Board of 11 Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, 12 demands, including defense costs, or liability of any kind or nature, including but not limited to personal 13 injury or property damage, arising from or related to the services, products or other performance 14 provided by CITY pursuant to this Agreement. If judgment is entered against CITY and COUNTY by a 15 court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY 16 INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the 17 court. Neither party shall request a jury apportionment. 18 B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers, 19 employees, agents, directors, members, shareholders and/or affiliates harmless from any claims, 20 demands, including defense costs, or liability of any kind or nature, including but not limited to, 21 personal injury or property damage, arising from or related to the services, products or other 22 performance provided by COUNTY pursuant to this Agreement. If judgment is entered against 23 COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of 24 CITY, COUNTY and CITY agree that liability will be apportioned as determined by the court. Neither 25 party shall request a jury apportionment. 26 C. Each party agrees to provide the indemnifying party with written notification of any claim 27 related to services provided by either party pursuant to this Agreement within thirty (30) calendar days 28 of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation, 29 each party shall cooperate with the indemnifying party in its defense. 30 D. Without limiting CITY's indemnification, CITY warrants that it is self-insured or shall maintain 31 in force at all times during the term of this Agreement, the policy or policies of insurance covering its 32 operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY 33 shall provide evidence of such insurance. 34 E. Without limiting COUNTY's indemnification, COUNTY warrants that it is self-insured or shall 35 maintain in force at all times during the term of this Agreement, the policy or policies of insurance 36 covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY 37 shall provide evidence of such insurance. Santa Ana 4 of 7 Z:\ASR\08-001795 OC Animal Care Master Ageement\Animal Care Services Master.Doc ACS 1CRAKKoo 1 III. NOTICES 2 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements 3 authorized or required by this Agreement shall be effective: 4 1. When written and deposited in the United States mail, first class postage prepaid and 5 addressed as specified on Page 3 of this Agreement or otherwise directed by ADMINISTRATOR or 6 CITY; 7 2. When FAXed, transmission confirmed; 8 3. When sent by electronic mail; or 9 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel 10 Service, or other expedited delivery service. 11 B. Termination Notices shall be addressed as specified on Page 3 of this Agreement or as 12 otherwise directed by ADMINISTRATOR or CITY and shall be effective when FAXed, transmission 13 confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel 14 Service, or other expedited delivery service. 15 C. Each parry shall notify the other party, in writing, within twenty-four (24) hours of becoming 16 aware of any occurrence of a serious nature, which may expose either party to liability. Such 17 occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or 18 damage to any COUNTY property in possession of CITY. 19 D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by 20 ADMINISTRATOR. 21 22 IV. SEVERABILITY 23 If a court of competent jurisdiction declares any provision of this Agreement or application thereof 24 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any 25 federal, state, or county statute, ordinance, or regulation, the remaining provisions of this Agreement or 26 the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain 27 in full force and effect, and to that extent the provisions of this Agreement are severable. 28 29 V. STATUS OF THE PARTIES 30 Each party is, and shall at all times be deemed to be, an independent contractor and shall be wholly 31 responsible for the manner in which it performs the services required of it by the terms of this 32 Agreement. Each party is entirely responsible for compensating staff and consultants employed by that 33 party. This Agreement shall not be construed as creating the relationship of employer and employee, or 34 principal and agent, between COUNTY and CITY or any of either party's employees, agents, 35 consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its 36 employees, agents, consultants, or subcontractors as they relate to the services to be provided during the 37 course and scope of their employment. Each party, its agents, employees, or subcontractors, shall not be Santa Ana 5 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo I entitled to any rights or privileges of the other party's employees and shall not be considered in any 2 manner to be employees of the other party. 3 4 VI. TERM 5 A. The term of this Agreement shall commence as specified on Page 3 of this Agreement. 6 B. The term of this Agreement shall be automatically renewed each July for twelve (12) additional 7 months, provided no notice of termination has been given by either CITY or COUNTY in accordance 8 with the Termination paragraph of this Agreement. 9 10 VII. TERMINATION 11 A. Either party may terminate this Agreement, without cause, upon six (6) months written notice 12 given to other party. 13 B. Both parties shall be obligated to perform such duties as would normally extend beyond this 14 term, including but not limited to, obligations with respect to confidentiality, indemnification, audits, 15 reporting and accounting. 16 C. Any obligation of COUNTY under this Agreement is contingent upon the inclusion of sufficient 17 funding for the services hereunder in the applicable budgets approved by the Board of Supervisors. In 18 the event such funding is subsequently reduced or terminated, COUNTY may terminate this Agreement 19 upon thirty (30) calendar days written notice given to CITY. 20 21 VIII. THIRD PARTY BENEFICIARY 22 Neither party hereto intends that this Agreement shall create rights hereunder in third parties 23 including, but not limited to, any subcontractors or any clients provided services hereunder. 24 25 IX. WAIVER OF DEFAULT OR BREACH 26 Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any 27 breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. 28 Waiver of any default or any breach shall not be considered a modification of the terms of this 29 Agreement. 30 31 32 33 34 35 36 37 Santa Ana 6 of 7 Z:\ASR108-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo 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 IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. CITY OF SANTA ANA, a municipal corporation i,1 1 BY: / / �� --�1 DATED CITY MANAGER ATTEST: BY: r;�*DATED: ITY CLERK APPROVED AS TO FORM: BY: a`_A AL DATED: lIWv� CITY ATTO EY COUNTY OF DATED: TITLE: �,uc- c." APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA BY:� DATED: DEPUTY Santa Ana 7 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo 1 EXHIBIT A 2 TO AGREEMENT FOR PROVISION OF 3 OC ANIMAL CARE SERVICES 4 WITH 5 CITY OF SANTA ANA 6 JANUARY 1, 2009 THROUGH JUNE 30, 2009 7 8 I. DEFINITIONS 9 10 A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing 11 Animal Care Services to CITY pursuant to this Agreement. 12 B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of 13 COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, 14 the estimated cost of the services, and the effective date. 15 C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as 16 specified, by category, in Paragraph II.B. of Exhibit A to this Agreement. 17 D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by 18 COUNTY to CITY pursuant to this Agreement. 19 E. "Fiscal Year" means a twelve (12) -month period from July through June. 20 F. "Net Cost" means Actual Cost minus Fee Revenue. 21 G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service 22 category. 23 24 H. SERVICES TO BE PROVIDED BY COUNTY 25 A. ANIMAL CARE NOTICE OF INTENT 26 1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified 27 below in subparagraph H.B. of Exhibit A to this Agreement, CITY would like COUNTY to provide 28 during the next Fiscal Year. 29 2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of 30 Intent which shall include, but not be limited to, a list of Animal Care Services COUNTY agrees to 31 provide, estimated costs for said services, and the start date for those services. COUNTY shall provide 32 the Animal Care Services specified in the Animal Care Notice of Intent signed by both 33 ADMINISTRATOR or designee, and an authorized representative of CITY. 34 3. Upon mutual agreement of CITY and COUNTY, COUNTY may prepare a new or amended 35 Animal Care Notice of Intent at any time, may change due dates specified in subparagraph II.A.1. and 36 II.A.2. of Exhibit A to this Agreement, and may modify the format of the Animal Care Notice of Intent 37 attached to this Agreement as Exhibit B. Santa Ana 1 of 6 EXHIBIT A ZAASR\08-001795 OC Animal Care Master Agreement\ Animal Care Services Master.doc ACSICRAKKoo I B. ANIMAL CARE SERVICES — COUNTY provides the following seven (7) categories of 2 Animal Care Services. Each category of service includes Service Details which may be added or 3 changed by ADMINISTRATOR upon six (6) months prior notification to CITY. COUNTY shall 4 provide to CITY the Animal Care Services specified on the most current, Animal Care Notice of Intent 5 for the Fiscal Year, signed in accordance with subparagraph II.A.2. of this Exhibit A to the Agreement. 6 1. ANIMAL CONTROL SERVICES — Animal Control Services include, but are not limited 7 to, emergency response service; patrolling; impounding of stray animals and of owner -released animals; g animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and 9 impound fee collection for impounded animals; quarantine activities including home checks of animals 10 involved in bites; site inspections required to comply with vicious dog ordinances; emergency 11 transportation of injured, impounded animals to a veterinarian; impounding of deceased animals for 12 disposal; responses to requests for assistance from law enforcement and CITY officials regarding 13 suspected criminal activities or zoning violations related to animals; advice to residents regarding 14 wildlife management or other animal concerns, not to include wildlife eradication or relocation services; 15 injured wildlife pick-up; animal license issuance and renewal, fee collection and payment services; 16 customer support regarding animal licensing; animal license billing; and delinquent animal license 17 follow-up; assistance to residents regarding potentially dangerous and/or vicious animals; impound data 18 entry; and impound animal photography. 19 2. ANIMAL CARE SPECIAL SERVICES 20 a. Animal Care Special Services include, but are not limited to animal license issuance 21 and renewal; fee collection and payment services; customer support regarding animal licensing; animal 22 license billing; delinquent animal license follow-up; animal field canvassing to locate and license 23 unlicensed animals; inspection of animal -related businesses in CITY jurisdiction in response to 24 complaints and in accordance with COUNTY established inspection schedules; and when applicable, 25 issuance of animal permits for private homes. 26 b. The number of hours of canvassing provided to CITY by COUNTY will be prorated 27 based on available canvassing hours and CITY percentage of costs of Animal Care Services received by 28 CITY during the previous Fiscal Year. At sole discretion of COUNTY, COUNTY may provide 29 canvassing services to cities that did not receive canvassing services in the previous Fiscal Year. 30 COUNTY may change its methodology for allocating canvassing hours upon six (6) months prior 31 notification to cities. 32 3. ANIMAL CARE SHELTER SERVICES 33 a. Animal Care Shelter Services include, but are not limited to, retention of impounded 34 animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner 35 identification; contact of owners when animals are wearing identification; sale or release of impounded 36 animals to residents; animal evaluation for adoption; reasonable effort toward animal placement; public 37 education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are Santa Ana 2 of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\ Animal Care Services Master.doc ACSICRAKKoo 0 I neither redeemed nor adopted; veterinary services and spay/neuter surgeries consistent with standards 2 established by the California Veterinary Medical Board; and necropsies on animals that die under 3 suspicious circumstances or at the request of law enforcement. 4 b. CITY may request additional retention days for healthy, non-aggressive impounded 5 animals. Additional retention days will be offered to CITY upon written approval by COUNTY's 6 OC Community Resources Director, or designee, on a space available basis only. 7 c. COUNTY agrees to maintain its Shelter in a humane manner, keep said premises in a 8 clean condition at all times, and use humane methods of care. 9 d. No animals may be donated, sold or otherwise released for the purposes of 10 experimentation, research or vivisection. 11 4. BARKING DOG COMPLAINT SERVICES — Barking Dog Compliant Services include, 12 but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding 13 barking dog complaints, issuance of citations, and administrative hearings in response to complaints 14 received by COUNTY for barking dogs within jurisdiction of CITY. 15 5. STANDARD LICENSING SERVICES — Standard Licensing Services include, but are not 16 limited to, animal license issuance and renewal, fee collection and payment services; customer support 17 regarding animal licensing; animal license billing; and delinquent animal license follow-up. 18 6. CITY LICENSE SERVICES 19 a. City License Services include, but are not limited to, issuance of CITY animal licenses 20 at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY. 21 COUNTY shall provide quarterly licensing reports to CITY. 22 b. CITY shall make its best effort to provide updated animal licensing information to 23 COUNTY. 24 7. ANIMAL IMPOUND SERVICES — Animal Impound Services include, but are not limited 25 to, data entry of impound information for each live or deceased animal from CITY, impound animal 26 photography for each live animal, owner notification of impounded animal, and posting of animal 27 photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged 28 by COUNTY. 29 C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services. 30 COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior 31 notification given to CITY. 32 D. Animals which are being retained for criminal prosecutions, except for violations of animal 33 control regulations and/or ordinances pursuant to this Agreement, are not to be construed as held 34 pursuant to the services provided under this Agreement; housing will be provided at the discretion of 35 COUNTY and at COUNTY's usual and customary charges for such housing. 36 E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance 37 from CITY, its officers, agents and employees. Santa Ana 3 of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\ Animal Care Services Master.doc ACSICRAKKoo 0 1 III. PAYMENTS 2 A. BASIS FOR PAYMENT 3 1. CITY shall pay COUNTY the Net Cost of providing Animal Care Services specified in 4 Animal Care Notice of Intent for CITY signed in accordance with subparagraph II.A. CITY Net Costs 5 may include services/supplies procured but not yet delivered within the Fiscal Year. 6 2. The methodology for determining CITY's Actual Cost of Animal Care Services shall be 7 provided to CITY annually in accordance with the Reports paragraph of this Agreement. The most 8 recent animal care services fees approved by the County of Orange Board of Supervisors shall be used in 9 determining CITY's Actual Cost of Animal Care Services. 10 3. COUNTY shall record and retain all Fee Revenue derived from providing Animal Care 11 Services to CITY. CITY's Fee Revenue shall be credited to CITY's Actual Cost of Animal Care 12 Services. COUNTY shall have all fee collection powers of CITY and shall receive full cooperation 13 from CITY to enable efficient enforcement of fee collection. 14 B. PAYMENT SCHEDULE 15 1. Each Fiscal Year, CITY shall pay COUNTY in arrears for the Net Cost of Animal Care 16 Services provided in accordance with the following payment schedule. Billings are due from COUNTY 17 to CITY within thirty (30) calendar days following the three-month Period specified below. 18 19 Period Billing Due Payment Due 20 July 1 through September 30 October 30 November 25 21 October 1 through December 31 January 30 February 25 22 January 1 through March 31 April 30 May 25 23 April 1 through June 30 July 30 August 25 24 25 2. If payment is not received by COUNTY by the payment due date specified above in 26 subparagraph III.B. of Exhibit A to this Agreement, COUNTY may cease providing any further service 27 under this Agreement and may satisfy the indebtedness in any manner prescribed by law. 28 3. COUNTY may modify the payment schedule upon six (6) months written notification to CITY. 29 30 IV. FINANCIAL/OPERATIONAL ADVISORY BOARD 31 The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY's 32 Director of OC Animal Care on financial and operational matters, to assess cost options, and to 33 communicate with the Orange County City Managers Association. The Financial/Operational Advisory 34 Board shall be made up of seven (7) members, six (6) members appointed by the Orange County City 35 Managers Association and one (1) member appointed by COUNTY. COUNTY may change the 36 membership configuration of the Financial/Operation Advisory Board upon twelve (12) months written 37 notification to CITY. Santa Ana 4 of 6 Z:\ASR\08-001795 OC Animal Care Master Agreement\ Animal Care Services Master. doc EXHIBIT A ACSICRAKKoo I V. LAWS AND REGULATIONS 2 A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements 3 related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall. 4 enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services 5 provided by COUNTY to CITY may be changed to comply with said laws, regulations, and 6 requirements. ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact 7 Animal Care Services provided through this Agreement. 8 B. Upon mutual agreement between COUNTY and CITY, COUNTY will continue to enforce 9 existing animal care ordinances that COUNTY enforced within CITY jurisdiction during the period 10 July 1, 2007 through June 30, 2008. If COUNTY did not contract with CITY for animal care services 11 during the period July 1, 2007 through June 30, 2008, COUNTY and CITY shall identify CITY animal 12 care ordinances that can be enforced by COUNTY. 13 C. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care 14 Notice of Intent, CITY shall enact and maintain in full force and effect ordinances identical to COUNTY 15 ordinances which apply to said service, including but not limited to, those related to fees. 16 ADMINISTRATOR shall notify CITY of the deadline for adopting said ordinances. If COUNTY is 17 unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of 18 CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend 19 provision of one or all Animal Care Services to CITY or may terminate this Agreement. 20 D. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of 21 COUNTY animal care ordinances. COUNTY may enforce the provisions of, and issue citations for 22 violations pursuant to, CITY's codified ordinances. 23 E. CITY shall notify COUNTY of its intent to add, amend, or delete any CITY animal care 24 ordinance at least ninety (90) calendar days in advance of its addition, amendment, or deletion. 25 F. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY. 26 Requests for exclusion must be submitted in writing and received by COUNTY ninety (90) calendar 27 days prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if 28 they are not in conflict with state statutes and do not endanger public health. COUNTY shall notify 29 CITY, in writing, of COUNTY's decision regarding the requested exclusion. 30 G. COUNTY's OC Community Resources Director, or designee, may provide assistance to CITY 31 in defining the manner in which enforcement of a new or amended animal care ordinance would be 32 provided by COUNTY. Requests for assistance must be made in writing and received by COUNTY 33 ninety (90) calendar days prior to the requested implementation of the service. If the cost of such service 34 can be delineated and accommodated by COUNTY, COUNTY will send an amended Animal Care 35 Notice of Intent to CITY which will include reference to the CITY ordinance. 36 H. CITY will reimburse COUNTY for ordinance enforcement, as specified in the Payments 37 Paragraph of this Agreement. Santa Ana 5 of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\ Animal Care Services Master.doc ACSICRAKKco 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 VI. REPORTS A. Each Fiscal Year, COUNTY shall provide to CITY written, quarterly reports of Animal Care Services revenue and expenses for each period specified below. Said reports will be due to CITY within thirty (30) calendar days of the month following the reporting period, in accordance with the schedule below: Period Reports Due July 1 through September 30 October 30 October 1 through December 31 January 30 January l 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. above upon six (6) months written notification to CITY. VII. RECORDS A. All records created or received by COUNTY in accordance with the performance of COUNTY services pursuant to this Agreement are confidential. COUNTY agrees to keep said records in such form and manner as the Auditor -Controller of COUNTY shall specify. Said records shall be open for examination by CITY at all reasonable times. B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses of each CITY licensed animal upon demand without additional expense or cost to CITY. Any such information requested which is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to government code. Prior to each disclosure, CITY agrees to complete and return to COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties agree and understand that this procedure is required by the Public Records Act and necessitated to permit CITY to obtain the information required for its use, and to allow COUNTY to disclose said information. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in possession of such records, and permitted by state law to disclose them voluntarily. FIA Santa Ana 6 of 6 Z:\ASR\08-001795 OC Animal Care Master Agreement\ Animal Care Services Master.doc EXHIBIT A ACS 1 CRAKKoo I EXHIBIT B 2 TO AGREEMENT FOR PROVISION OF 3 OC ANIMAL CARE SERVICES 4 WITH 5 CITY OF SANTA ANA 6 JANUARY 1, 2009 THROUGH JUNE 30, 2009 7 8 ANIMAL CARE NOTICE OF INTENT 9 10 This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by 11 COUNTY for the Period: January 1, 2009 through June 30, 2009. COUNTY agrees to provide to the 12 City of Santa Ana the following Animal Care Services beginning January 1, 2009: 13 14 Animal Care Shelter Services 15 Animal Impound Services 16 17 18 19 20 The total estimated cost for Animal Care Services specified above is 329345. 21 22 ® This is a new Animal Care Notice of Intent for the Period indicated above. 23 F-1This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated 24 above. 25 26 Significant Changes Since the Previous Animal Care Notice of Intent: 27 28 29 30 To the best of my knowledge, this notice specifies the Animal Care Services to be provided by 31 COUNTY. 32 33 �� _ Q 34 ty o a Ana Representative and Title Date 35 36 31ql 37 OC Animal Care Director bate Santa Ana 1 of 1 EXHIBIT B ZAASR\08-001795 OC Animal Care Master Agreement\ Animal Care Services Master.Doc ACSICRAKKao 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 IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. CITY OF SANTA ANA, a municipal corporation BY: DATED: CITY MANAGER ATTEST: BY: DATED: 44"t ITY CLERK APPROVED AS TO FORM: BY: %��1_VIGI -� DATED: CITY ATTO�XEY COL mm TITLE: APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA DATED: BY: DATED: DEPUTY Santa Ana 7 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Aviimal Care Services Master.Doc ACSWRMCILm