HomeMy WebLinkAboutAGMT - Orange County (Animal Control Svcs & Shelter Svcs) �LL.L6f co-cc/In-et
1 AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
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4 THIS AGREEMENT, entered into this 1st day of July 1998, which date is
5 enumerated for purposes of reference only, is by and between the COUNTY OF
6 ORANGE, a political subdivision of the State, hereinafter referred to as "COUNTY," and
7 the CITY OF SEAL BEACH. a municipal corporation, hereinafter referred to as "CITY."
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10 WITNESSETH:
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13 WHEREAS, CITY is desirous of contracting with COUNTY for the performance
14 of animal control and animal shelter services through COUNTY's Health Officer, as
15 described herein; and
16 WHEREAS, COUNTY is willing and able to render such services on terms and
17 conditions hereinafter set forth;
18 NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
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20 1. TERM
21
22 A. This Agreement shall commence on July 1, 1998, and end
23 June 30, 1999.
24 B. The term of this Agreement shall be automatically extended for a
25 180 day period through December 31, 1999, if a successor Agreement between the
26 parties is not in force by July 1, 1999, and if no notice of non-renewal has been given by
27 either CITY or COUNTY in accordance with Paragraph 2 of this Agreement.
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1 2. TERMINATION
2 A. If either party determines not to renew this Agreement, written
3 notice shall be given to the other party no later than December 31, 1998.
4 B. Any obligation of COUNTY under this agreement is contingent upon
5 the following:
6 (1) Inclusion of sufficient funding for the services hereunder in the
7 budget approved by the Board of Supervisors, for Fiscal Year 1998-99, and
8 the Fiscal Year 1999-00.
9 (2) In the event such funding is subsequently reduced or terminated,
10 COUNTY may terminate this agreement upon thirty (30) days written notice
11 given to CITY.
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13 3. SERVICES
14 A. COUNTY agrees, under the direction of the Health Officer of
15 COUNTY, to provide animal control services within the corporate limits of CITY.
16 Services provided by COUNTY shall include the enforcement of State statutes deemed
17 applicable to CITY by COUNTY. COUNTY will not be obligated to enforce any
18 ordinances adopted by CITY except those adopted in compliance with Paragraph 5 of
19 this Agreement. The level of animal control and shelter services to be provided under
20 this Agreement shall be established as those customarily provided to residents of
21 unincorporated areas of the COUNTY. Services shall be provided in the following
22 categories.
23 (1) FIELD SERVICES: Field Services shall be provided seven days a
24 week, 24 hours per day, 365 days a year, with the level of service reduced
25 between the hours of 11:00 p.m. and 7:00 a.m. Telephone service request lines
26 answered between 8:00 a.m. and 5:00 p.m. everyday, except holidays; lines
27 monitored and responded to on a priority basis on holidays and after 5:00 p.m.
28 Activities include, but are not limited to: patrol of assigned regional areas;
29 impounding of stray dogs or confined stray cats and of owner- released animals;
30 pick up of injured wildlife; cruelty investigations; return of unclaimed animals
31 (following required retention period) to one designated location on behalf of
32 CITY; field release to owner and impound
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1 fee collection for licensed dogs impounded; bite investigations; quarantine
2 activities including home checks of animals involved in bites; inspections of
3 facilities which are required to comply with the vicious dog ordinance;
4 transportation of all injured impounded animals to emergency veterinarians;
5 issuance of citations, impounding of dead animals for disposal; response to
6 service request calls from law enforcement and city officials to assist in areas
7 regarding suspected criminal activities or zoning violations; citizen
8 contacts to give information or advice regarding wildlife or other animal concerns;
9 not to include wildlife eradication or relocation services.
10 (2) SHELTER SERVICES: Shelter will receive animals from the
11 public 365 days a year from 7:00 a.m. until 11:00 p.m. Stray animals will be
12 accepted without charge. Owners who release their animals will be charged a
13 fee. The Shelter will be open to the public to locate lost pets or for pet adoption
14 Monday through Saturday (not including holidays) from 10:00 a.m. to 5:00 p.m.,
15 and until 7:00 p.m. on Wednesday. A low cost vaccination clinic will be held the
16 first Tuesday of each month at the Shelter.
17 The Shelter shall retain dogs and cats without owner identification for
18 three days, plus the day of impound and any Sundays or holidays. Those with
19 identification shall be retained seven days, plus the day of impound and any
20 Sundays or holidays. Animals will be kept on public display to allow owner
21 identification. When animals are wearing identification, owners will be contacted
22 by telephone and by mail. If animals are not redeemed by their owners and
23 adoption holds have not been placed some may be made available for adoption
24 for an additional time period on a space available basis. Those which are neither
25 redeemed nor adopted will be euthanized and the carcasses disposed of.
26 If CITY wishes to request additional retention days for healthy, non-
27 aggressive animals impounded within CITY such services may be requested in
28 writing with sixty (60) days advance notice. Such service will be provided to
29 CITY upon written approval of the Health Officer. If agreed to, additional animal
30 retention days will be offered on a space available basis only. CITY
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1 shall pay charges for additional retention days as defined in Paragraph 6, C., 4,
2 and in compliance with Paragraph 6, B.
3 Veterinary services shall be available seven days a week. Veterinary
4 staff shall perform required euthanasia by lethal injection. Necropsies will be
5 performed on animals which die under suspicious circumstances and at the
6 request of law enforcement.
7 B. COUNTY shall furnish and supply all necessary labor,
8 supervision, equipment, and supplies to proved the services desired in this Agreement.
9 In all instances wherein special supplies, stationary, notices, forms and the like are
10 issued in the name of the CITY, the same shall be supplied by CITY at its own expense.
11 C. The method by which services are provided, the standard of
12 performance, any other matters incidental to the performance of such services, and the
13 control of personnel so employed, shall be determined by COUNTY. In the event of a
14 dispute between the parties as to the extent of the duties and functions to be provided
15 hereunder, or the level and manner of performance of such services, the parties shall
16 meet in good faith to resolve their differences. In the event of an impasse, the decision
17 of the Health Officer of COUNTY shall be final.
18 D. To facilitate the performance of services hereunder, COUNTY
19 shall have full cooperation and assistance from CITY, its officers, agents and
20 employees.
21 E. If agreeable to both parties, additional services may be rendered
22 by COUNTY and paid for by CITY.
23 F. COUNTY agrees to maintain its animal shelter in a humane
24 manner and keep said premises in a clean condition at all times, and that all services
25 furnished by it hereunder shall be in accordance with the laws of the State of California,
26 and that it will give required notices and use humane methods of care and destruction of
27 any animal coming under it jurisdiction.
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1 4. STATUS OF CONTRACTOR
2 Although the services herein described are municipal functions, all
3 persons employed by COUNTY to provide said services shall be COUNTY
4 employees; no person employed hereunder shall have the right to any CITY pension or
5 civil service status. When performing services under this Agreement and for the
6 purpose of giving official status to the performance thereof where necessary, but
7 not for the purpose of liability or indemnification, every COUNTY officer or employee
8 shall be deemed to be an officer or agent of CITY.
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10 5. CONFORMITY OF LAWS OR REGULATIONS
11 A. Notwithstanding anything to the contrary herein contained, the
12 Agreement shall terminate at any time that CITY fails to enact, and to maintain in full
13 force and effect an ordinance identical in intent to the provisions of Article 1 through 10
14 of Division 1 of Title 4, and Divisions 1, 2, and 3 of Title 5 of the Codified Ordinances of
15 the County of Orange, and other regulations presently adopted by the Orange County
16 Board of Supervisors concerning animal control, including those which relate to fees.
17 This Agreement shall also terminate if CITY does not enact the same amendments to its
18 Municipal Code as those adopted by COUNTY's Board of Supervisors regarding animal
19 control within sixty (60) days after a request to do so by COUNTY Health Officer.
20 B. If CITY is considering adopting an ordinance and requesting its
21 enforcement by COUNTY, the Health Officer may provide assistance to CITY in defining
22 the manner in which the proposed ordinance enforcement would be provided by
23 COUNTY. COUNTY will provide such services when a written request is received sixty
24 (60) days prior to the requested implementation of the service upon the written approval
25 of the Health Officer. The manner and extent to which services are provided in
26 response to such a request shall be determined by the Health Officer and will only be
27 provided if the cost of such services can be delineated and accommodated under the
28 provisions of Paragraph 6 C.
29 C. CITY may request that specific ordinances adopted by COUNTY not
30 be enforced in CITY when written request for exclusion is received sixty (60)
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1 days prior to the requested exclusion upon the written approval of the Health Officer.
2 Such requests will only be considered provided they are not in conflict with
3 State statutes or do not endanger the public health. The COUNTY Health Officer,
4 acting on behalf of COUNTY, may use discretion and need not request CITY to
5 adopt amendments which do not apply to CITY.
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7 6. PAYMENTS
8 A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual
9 costs of providing animal control and animal shelter services.
10 B. PAYMENT METHOD -
11 (1) In consideration for the animal control and animal shelter
12 services provided by COUNTY during the term of this Agreement, CITY
13 shall make a FY 1998-99 Provisional Payment to COUNTY in the amount
14 of $304. This payment for 1998-99 services shall be adjusted by a
15 1997-98 debit of $26 and further adjusted by a final 1996-97 debit of
16 $211, resulting in a total adjusted provisional credit of $541. This
17 payment shall be adjusted as described in Paragraph 6 E, below.
18 (2) The Provisional Payment shall be paid to COUNTY in four
19 installments, each equal to twenty five percent (25%) of the total
20 Provisional Payment. The first installment is due September 30, 1998,
21 the second is due December 30, 1998, the third is due March 30, 1999,
22 and the fourth is due June 30, 1999.
23 (3) If payment is not received by COUNTY within thirty (30) days
24 after the due date, COUNTY may cease providing any further service
25 under this Agreement with CITY and may satisfy the indebtedness in any
26 manner prescribed by law.
27 (4) CITY shall not be called upon to assume any liability for the
28 direct payment of any salaries, wages or other compensation to any
29 COUNTY personnel performing services hereunder for said COUNTY, or
30 any liability other than provided for in the Agreement. CITY shall not be
31 liable for any compensation or indemnity to any
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1 COUNTY employee for injury or sickness arising out of his or her
2 employment.
3 (5) In the event this Agreement is extended in accordance
4 Paragraph 1 B. above, CITY shall make monthly provisional payments
5 to COUNTY in an amount equal to one twelfth of the amount shown
6 in Paragraph 6 B. (1) above. Such payments shall be due no later than
7 thirty (30) days after the month in which services were provided.
8 C. DETERMINATION OF ACTUAL COST OF SERVICES -
9 (1) COUNTY agrees to collect and maintain expenditure and
10 workload data to be used to determine the actual cost of the animal
11 control and shelter services provided to CITY during the term of this
12 Agreement.
13 (2) CITY's Actual Cost of Animal Control Field Services shall be
14 determined by applying CITY's percentage of the total field Actions
15 provided by COUNTY to COUNTY's Total Actual Expenditures (including
16 indirect charges) for providing all Animal Control Field Services within
17 COUNTY.
18 (3) CITY's Actual Cost of Animal Shelter Services shall be
19 determined by applying the CITY's percentage of animal charge days, for
20 animals impounded from within the corporate limits of CITY and animals
21 received from residents of CITY, to COUNTY's Total Actual Expenditures
22 (including indirect charges) for providing all Animal Shelter Services
23 within COUNTY. An animal charge day is defined here as each day or
24 portion of a day that an animal is housed at COUNTY's Animal Shelter.
25 D. FEE REVENUE -
26 (1) COUNTY shall have all powers of CITY and shall receive all
27 cooperation possible from CITY to enable efficient enforcement of fees
28 collection. COUNTY shall retain all fees and revenue derived
29 from the enforcement of the CITY Ordinances pertaining to the animal
30 control services provided by COUNTY.
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32 (2) COUNTY agrees to keep record of and to credit to CITY all
33 fee revenue generated from animals received from CITY residents or
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1 impounded within the corporate limits of CITY. Said revenue credit shall
2 be used to determine the Net Cost of animal control and shelter services
3 described in Paragraph 6 E. Below.
4 E. ADJUSTMENTS TO PROVISIONAL PAYMENT -
5 (1) CITY's combined Actual Costs of Animal Control Field
6 Services, as described in Paragraphs 6, C. (2), 6, C. (3) and 6, C. (4)
7 above, shall be reduced by the total amount of fee revenue generated
8 from CITY, as described in Paragraph 6, D. above, to determine the Net
9 Cost of Service provided under.this Agreement.
10 (2) If the Net Cost of Service is less than the Provisional Payment
11 amount indicated in Paragraph 6, B. (1) above, then COUNTY shall credit
12 difference to CITY. COUNTY agrees to refund the difference if CITY
13 does not enter into a subsequent agreement with COUNTY for animal
14 control and shelter services.
15 (3) If the Net Cost of Service is greater than the Provisional
16 Payment amount indicated in Paragraph 6, B. (1) above, then COUNTY
17 shall invoice CITY for the difference if CITY does not enter into a
18 subsequent agreement. If payment is not received by COUNTY within
19 sixty (60) days after the invoice is submitted, COUNTY may satisfy the
20 indebtedness in any manner prescribed by law.
21 (4) COUNTY agrees to complete the calculation of the Net Cost
• 22 of Service for animal control and animal shelter services, and credit or
23 refund any overpayment by CITY, or invoice CITY for the additional
24 amount owed by CITY, on or before December 31, 1999.
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26 7. FINANCIAL/OPERATIONAL ADVISORY BOARD
27 The parties agree that there shall be a Financial/Operational Advisory Board to
28 advise the Director of Animal Control on financial and operational matters and to assess
29 cost recovery options for future years. The Financial/Operational Advisory
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1 Board shall be made up of seven members, four members appointed by the Orange
2 County League of Cities and three members appointed by COUNTY.
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4 8. RECORDS
5 All records created or received by COUNTY in accordance with this
6 Agreement shall be COUNTY records. COUNTY agrees to keep such books and
7 records in such form and manner as the Auditor-Controller of COUNTY shall specify.
8 Said books shall be open for examination by CITY at all reasonable times.
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10 9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION
11 Animals which are being retained in criminal prosecutions, except for
12 violations of Animal Control regulations and/or ordinances pursuant to the Agreement,
13 are not to be construed as held pursuant to the services provided under this Agreement;
14 housing will be done at the discretion of the COUNTY and at the COUNTY's usual and
15 customary charges for such housing.
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17 10. ALTERATION OF TERMS
18 This Agreement fully expresses all understandings of COUNTY and CITY
19 with respect to the subject matter of this Agreement, and shall constitute the total
20 Agreement between the parties for these purposes. No addition to, or alteration of, the
21 terms of this Agreement shall be valid unless made in writing, formally approved and
22 executed by duly authorized agents of both parties.
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24
25 11. INDEMNIFICATION
26 A. That neither COUNTY nor any officer or employee thereof shall be
27 responsible for any damage or liability occurring by reason of anything done or omitted
28 to be done by CITY under or in connection with any work, authority
29 or jurisdiction delegated to CITY under this Agreement. It is also understood and
30 agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend,
31 indemnify and hold COUNTY harmless from any liability imposed for injury (as
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1 defined by Government Code Section 810.8), including attorneys fees and costs,
2 occurring by reason of anything done or omitted to be done by CITY under or in
3 connection with any work, authority or jurisdiction delegated to CITY under this
4 Agreement.
5 B. That neither CITY nor any officer or employee thereof shall be
6 responsible for any damage or liability occurring by reason of anything done or omitted
7 to be done by COUNTY under or in connection with any work, authority or jurisdiction
8 delegated to COUNTY under this Agreement. It is also understood and agreed to that,
9 pursuant to Government Code Section 895.4, COUNTY shall fully defend, indemnify and
10 hold CITY harmless from any liability imposed for injury (as defined by Government
11 Code Section 810.8), including attorneys fees and costs, occurring by reason of
12 anything done or omitted to be done by COUNTY under or in connection with any work,
13 authority or jurisdiction delegated to COUNTY under this Agreement.
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15 12. NOTICES
16 Unless the persons or addresses are otherwise identified by notice given in the
17 manner specified by this paragraph, all notices authorized or required by this Agreement
18 shall be deemed effective when reduced to writing and deposited in the United States
19 mail, certified, an addressed as follows:
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21 To CITY: City Manager
22 City of Seal Beach
23 211 Eighth Street
24 Seal Beach, Ca 90740
25
26 To COUNTY: Health Officer
27 County of Orange
28 515 N. Sycamore
29 Santa Ana, Ca 92701
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1 IN WITNESS WHEREOF, the CITY of Seal Beach by motion duly adopted by its
2 City Council, caused this Agreement to be signed by its Mayor and attested by its Clerk,
3 and the COUNTY OF ORANGE by order of its Board of Supervisors, has caused these
4 presents to be subscribed by the Chairman of said Board and this seal of said Board to
5 be affixed thereto and attested by the Clerk of the Board, all on the day and year first
6 above written.
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1
2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
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4 /l d Ja;t1114v
5 DATED: //--L5 ` 98' By
6 Chairman, Board of Su ervisors
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10 DATED: / / " t.5 ? r SIGNED AND CERTIFIED THAT A
' 11 COPY OF THIS DOCUMENT HAS
12 BEEN DELIVERED TO THE
13 CHAIRMAN OF THE BOARD ` ±
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15 // 41I Ma 1
sied 17 DARLENE J. BLOOME
18 Clerk of the Board of Supervisors
19 of Orange County, California
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21 DATED: /D/2.o/9s' APPROVED AS TO FORM:
22 COUNTY COUNSEL
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24 /l ga4(.4t L/ • iG''`.,4
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27 DATED: CITY OF Seal Beach
28 a municipal corporation
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31 By AtAicidAd.
32 Mayor ProTem
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34 DATED:
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37 By sue.,. « t■s
38 Airy Clerk
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41 DATED: APPROVED AS TO FORM:
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44 By
45 City Attorney
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�I r� o qpi7
• a. G t Hsu LZ�i .2c+v ca1M
1 AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
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4 THIS AGREEMENT, entered into this 1st day of July 1997, which date is
5 enumerated for purposes of reference only, is by and between the COUNTY OF
6 ORANGE, a political subdivision of the State, hereinafter referred to as "COUNTY,"
7 and the CITY OF SEAL BEACH, a municipal corporation, hereinafter referred to as
8 "CITY."
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11 WITNESSETH:
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14 WHEREAS, CITY is desirous of contracting with COUNTY for the
15 performance of animal control and animal shelter services through COUNTY's Health
16 Officer, as described herein; and
17 WHEREAS, COUNTY is willing and able to render such services on terms and
18 conditions hereinafter set forth;
19 NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
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21 1 . TERM
22
23 A. This Agreement shall commence on July 1 , 1997, and end
24 June 30, 1998.
25 B. The term of this Agreement shall be automatically extended for
26 a 180 day period through December 31 , 1998, if a successor Agreement between
27 the parties is not in force by July 1 , 1998, and if no notice of non-renewal has been
28 given by either CITY or COUNTY in accordance with Paragraph 2 of this Agreement.
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1
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1 2. TERMINATION
2 A. If either party determines not to renew this Agreement, written
3 notice shall be given to the other party no later than December 31 , 1997.
4 B. Any obligation of COUNTY under this agreement is contingent
5 upon the following:
6 (1) Inclusion of sufficient funding for the services hereunder in the
7 budget approved by the Board of Supervisors, for Fiscal Year 1997-98, and
8 the Fiscal Year 1998-99.
9 (2) In the event such funding is subsequently reduced or terminated,
10 COUNTY may terminate this agreement upon thirty (30) days written notice
11 given to CITY.
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13 3. SERVICES
14 A. COUNTY agrees, under the direction of the Health Officer of
15 COUNTY, to provide animal control services within the corporate limits of CITY.
16 Services provided by COUNTY shall include the enforcement of State statutes
17 deemed applicable to CITY by COUNTY. COUNTY will not be obligated to enforce
18 any ordinances adopted by CITY except those adopted in compliance with
19 Paragraph 5 of this Agreement. The level of animal control and shelter services to
20 be provided under this Agreement shall be established as those customarily provided
21 to residents of unincorporated areas of the COUNTY. Services shall be provided in
22 the following categories.
23 (1) FIELD SERVICES: Field Services shall be provided seven days a
24 week, 24 hours per day, 365 days a year, with the level of service reduced
25 between the hours of 11 :00 p.m. and 7:00 a.m. Telephone service request
26 lines answered between 8:00 a.m. and 5:00 p.m. everyday, except holidays;
27 lines monitored and responded to on a priority basis on holidays and after
28 5:00 p.m. Activities include, but are not limited to: patrol of assigned
29 regional areas; impounding of stray dogs or confined stray cats and of
30 owner- released animals; pick up of injured wildlife; cruelty investigations;
31 return of unclaimed animals (following required retention period) to one
32 designated location on behalf of CITY; field release to owner and impound
2
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1 fee collection for licensed dogs impounded; bite investigations; quarantine
2 activities including home checks of animals involved in bites; inspections of
3 facilities which are required to comply with the vicious dog ordinance;
4 transportation of all injured impounded animals to emergency veterinarians;
5 issuance of citations, impounding of dead animals for disposal; response to
6 service request calls from law enforcement and city officials to assist in
7 areas regarding suspected criminal activities or zoning violations; citizen
8 contacts to give information or advice regarding wildlife or other animal
9 concerns; not to include wildlife eradication or relocation services.
10 (2) SHELTER SERVICES: Shelter will receive animals from the
11 public 365 days a year from 7:00 a.m. until 11 :00 p.m. Stray animals will
12 be accepted without charge. Owners who release their animals will be
13 charged a fee. The Shelter will be open to the public to locate lost pets or
14 for pet adoption Monday through Saturday (not including holidays) from
15 10:00 a.m. to 5:00 p.m., and until 7:00 p.m. on Wednesday. A low cost
16 vaccination clinic will be held the first Tuesday of each month at the Shelter.
17 The Shelter shall retain dogs and cats without owner identification for
18 three days, plus the day of impound and any Sundays or holidays. Those
19 with identification shall be retained seven days, plus the day of impound and
20 any Sundays or holidays. Animals will be kept on public display to allow
21 owner identification. When animals are wearing identification, owners will be
22 contacted by telephone and by mail. If animals are not redeemed by their
23 owners and adoption holds have not been placed some may be made
24 available for adoption for an additional time period on a space available basis.
25 Those which are neither redeemed nor adopted will be euthanized and the
26 carcasses disposed of.
27 If CITY wishes to request additional retention days for healthy, non-
28 aggressive animals impounded within CITY such services may be requested
29 in writing with sixty (60) days advance notice. Such service will be provided
30 to CITY upon written approval of the Health Officer. If agreed to, additional
31 animal retention days will be offered on a space available basis only. CITY
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1 shall pay charges for additional retention days as defined in Paragraph 6, C.,
2 4, and in compliance with Paragraph 6, B.
3 Veterinary services shall be available seven days a week. Veterinary
4 staff shall perform required euthanasia by lethal injection. Necropsies will be
5 performed on animals which die under suspicious circumstances and at the
6 request of law enforcement.
7 B. COUNTY shall furnish and supply all necessary labor,
8 supervision, equipment, and supplies to proved the services desired in this
9 Agreement. In all instances wherein special supplies, stationary, notices, forms and
10 the like are issued in the name of the CITY, the same shall be supplied by CITY at
11 its own expense.
12 C. The method by which services are provided, the standard of
13 performance, any other matters incidental to the performance of such services, and
14 the control of personnel so employed, shall be determined by COUNTY. In the
15 event of a dispute between the parties as to the extend of the duties and functions
16 to be provided hereunder, or the level and manner of performance of such services,
17 the parties shall meet in good faith to resolve their differences. In the event of an
18 impasse, the decision of the Health Officer of COUNTY shall be final.
19 D. To facilitate the performance of services hereunder, COUNTY
20 shall have full cooperation and assistance from CITY, its officers, agents and
21 employees.
22 E. If agreeable to both parties, additional services may be
23 rendered by COUNTY and paid for by CITY.
24 F. COUNTY agrees to maintain its animal shelter in a humane
25 manner and keep said premises in a clean condition at all times, and that all services
26 furnished by it hereunder shall be in accordance with the laws of the State of
27 California, and that it will give required notices and use humane methods of care
28 and destruction of any animal coming under it jurisdiction.
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4
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1 4. STATUS OF CONTRACTOR
2 Although the services herein described are municipal functions, all
3 persons employed by COUNTY to provide said services shall be COUNTY
4 employees; no person employed hereunder shall have the right to any CITY pension
5 or civil service status. When performing services under this Agreement and for the
6 purpose of giving official status to the performance thereof where necessary, but
7 not for the purpose of liability or indemnification, every COUNTY officer or employee
8 shall be deemed to be an officer or agent of CITY.
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10 5. CONFORMITY OF LAWS OR REGULATIONS
11 A. Notwithstanding anything to the contrary herein contained, the
12 Agreement shall terminate at any time that CITY fails to enact, and to maintain in
13 full force and effect an ordinance identical in intent to the provisions of Article 1
14 through 10 of Division 1 of Title 4, and Divisions 1, 2, and 3 of Title 5 of the
15 Codified Ordinances of the County of Orange, and other regulations presently
16 adopted by the Orange County Board of Supervisors concerning animal control,
17 including those which relate to fees. This Agreement shall also terminate if CITY
18 does not enact the same amendments to its Municipal Code as those adopted by
19 COUNTY's Board of Supervisors regarding animal control within sixty (60) days
20 after a request to do so by COUNTY Health Officer.
21 B. If CITY is considering adopting an ordinance and requesting its
22 enforcement by COUNTY, the Health Officer may provide assistance to CITY in
23 defining the manner in which the proposed ordinance enforcement would be
24 provided by COUNTY. COUNTY will provide such services when a written request
25 is received sixty (60) days prior to the requested implementation of the service upon
26 the written approval of the Health Officer. The manner and extent to which
27 services are provided in response to such a request shall be determined by the
28 Health Officer and will only be provided if the cost of such services can be
29 delineated and accommodated under the provisions of Paragraph 6 C.
30 C. CITY may request that specific ordinances adopted by COUNTY
31 not be enforced in CITY when written request for exclusion is received sixty (60)
32 II
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1 days prior to the requested exclusion upon the written approval of the Health
2 Officer. Such requests will only be considered provided they are not in conflict with
3 State statutes or do not endanger the public health. The COUNTY Health Officer,
4 acting on behalf of COUNTY, may use discretion and need not request CITY to
5 adopt amendments which do not apply to CITY.
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7 6. PAYMENTS
8 A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual
9 costs of providing animal control and animal shelter services.
10 B. PAYMENT METHOD -
11 (1 ) In consideration for the animal control and animal shelter
12 services provided by COUNTY during the term of this Agreement,
13 CITY shall make a FY 1997-98 Provisional Payment to COUNTY in the
14 amount of $248. This payment for 1997-98 services shall be
15 adjusted by a 1996-97 debit of $170 and further adjusted by a final
16 1995-96 credit of $17, resulting in a total adjusted provisional credit
17 of $401 . This payment shall be adjusted as described in Paragraph 6
18 E, below.
19 (2) The Provisional Payment shall be paid to COUNTY in four
20 installments, each equal to twenty five percent (25%) of the total
21 Provisional Payment. The first installment is due September 30,
22 1997, the second is due December 30, 1997, the third is due March
23 30, 1998, and the fourth is due June 30, 1998.
24 (3) If payment is not received by COUNTY within thirty (30)
25 days after the due date, COUNTY may cease providing any further
26 service under this Agreement with CITY and may satisfy the
27 indebtedness in any manner prescribed by law.
28 (4) CITY shall not be called upon to assume any liability for
29 the direct payment of any salaries, wages or other compensation to
30 any COUNTY personnel performing services hereunder for said
31 COUNTY, or any liability other than provided for in the Agreement.
32 CITY shall not be liable for any compensation or indemnity to any
33 //
6
•
• •
1 COUNTY employee for injury or sickness arising out of his or her
2 employment.
3 (5) In the event this Agreement is extended in accordance
4 Paragraph 1 B. above, CITY shall make monthly provisional payments
5 to COUNTY in an amount equal to one twelfth of the amount shown
6 in Paragraph 6 B. (1) above. Such payments shall be due no later
7 than thirty (30) days after the month in which services were provided.
8 C. DETERMINATION OF ACTUAL COST OF SERVICES -
9 (1) COUNTY agrees to collect and maintain expenditure and
10 workload data to be used to determine the actual cost of the animal
11 control and shelter services provided to CITY during the term of this
12 Agreement.
13 (2) CITY's Actual Cost of Animal Control Field Services shall
14 be determined by applying CITY's percentage of the total field Actions
15 provided by COUNTY to COUNTY's Total Actual Expenditures
16 (including indirect charges) for providing all Animal Control Field
17 Services within COUNTY.
18 (3) CITY's Actual Cost of Animal Shelter Services shall be
19 determined by applying the CITY's percentage of animal charge days,
20 for animals impounded from within the corporate limits of CITY and
21 animals received from residents of CITY, to COUNTY's Total Actual
22 Expenditures (including indirect charges) for providing all Animal
23 Shelter Services within COUNTY. An animal charge day is defined
24 here as each day or portion of a day that an animal is housed at
25 COUNTY's Animal Shelter.
26 D. FEE REVENUE -
27 (1) COUNTY shall have all powers of CITY and shall receive all
28 cooperation possible from CITY to enable efficient enforcement of
29 fees collection. COUNTY shall retain all fees and revenue derived
30 from the enforcement of the CITY Ordinances pertaining to the animal
31 control services provided by COUNTY.
32 //
7
• •
1 (2) COUNTY agrees to keep record of and to credit to CITY all
2 fee revenue generated from animals received from CITY residents or
3 impounded within the corporate limits of CITY. Said revenue credit
4 shall be used to determine the Net Cost of animal control and shelter
5 services described in Paragraph 6 E. Below.
6 E. ADJUSTMENTS TO PROVISIONAL PAYMENT -
7 (1) CITY's combined Actual Costs of Animal Control Field
8 Services, as described in Paragraphs 6, C. (2), 6, C. (3) and 6, C. (4)
9 above, shall be reduced by the total amount of fee revenue generated
10 from CITY, as described in Paragraph 6, D. above, to determine the
11 Net Cost of Service provided under this Agreement.
12 (2) If the Net Cost of Service is less than the Provisional
13 Payment amount indicated in Paragraph 6, B. (1) above, then
14 COUNTY shall credit difference to CITY. COUNTY agrees to refund
15 the difference if CITY does not enter into a subsequent agreement
16 with COUNTY for animal control and shelter services.
17 (3) If the Net Cost of Service is greater than the Provisional
18 Payment amount indicated in Paragraph 6, B. (1 ) above, then
19 COUNTY shall invoice CITY for the difference if CITY does not enter
20 into a subsequent agreement. If payment is not received by COUNTY
21 within sixty (60) days after the invoice is submitted, COUNTY may
22 satisfy the indebtedness in any manner prescribed by law.
23 (4) COUNTY agrees to complete the calculation of the Net
24 Cost of Service for animal control and animal shelter services, and
25 credit or refund any overpayment by CITY, or invoice CITY for the
26 additional amount owed by CITY, on or before December 31 , 1997.
27 //
28 7. FINANCIAL/OPERATIONAL ADVISORY BOARD
29 The parties agree that there shall be a Financial/Operational Advisory Board
30 to advise the Director of Animal Control on financial and operational matters and to
31 assess cost recovery options for future years. The Financial/Operational Advisory
32 //
8
• •
1 Board shall be made up of seven members, four members appointed by the Orange
2 County League of Cities and three members appointed by COUNTY.
3 //
4 8. RECORDS
5 All records created or received by COUNTY in accordance with this
6 Agreement shall be COUNTY records. COUNTY agrees to keep such books and
7 records in such form and manner as the Auditor-Controller of COUNTY shall specify.
8 Said books shall be open for examination by CITY at all reasonable times.
9 //
10 9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION
11 Animals which are being retained in criminal prosecutions, except for
12 violations of Animal Control regulations and/or ordinances pursuant to the
13 Agreement, are not to be construed as held pursuant to the services provided under
14 this Agreement; housing will be done at the discretion of the COUNTY and at the
15 COUNTY's usual and customary charges for such housing.
16 //
17 10. ALTERATION OF TERMS
18 This Agreement fully expresses all understandings of COUNTY and
19 CITY with respect to the subject matter of this Agreement, and shall constitute the
20 total Agreement between the parties for these purposes. No addition to, or
21 alteration of, the terms of this Agreement shall be valid unless made in writing,
22 formally approved and executed by duly authorized agents of both parties.
23 //
24
25 11 . INDEMNIFICATION
26 A. That neither COUNTY nor any officer or employee thereof shall be
27 responsible for any damage or liability occurring by reason of anything done or
28 omitted to be done by CITY under or in connection with any work, authority
29 or jurisdiction delegated to CITY under this Agreement. It is also understood and
30 agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend,
31 indemnify and hold COUNTY harmless from any liability imposed for injury (as
32 /1
9
• •
1 defined by Government Code Section 810.8), including attorneys fees and costs,
2 occurring by reason of anything done or omitted to be done by CITY under or in
3 connection with any work, authority or jurisdiction delegated to CITY under this
4 Agreement.
5 B. That neither CITY nor any officer or employee thereof shall be
6 responsible for any damage or liability occurring by reason of anything done or
7 omitted to be done by COUNTY under or in connection with any work, authority or
8 jurisdiction delegated to COUNTY under this Agreement. It is also understood and
9 agreed to that, pursuant to Government Code Section 895.4, COUNTY shall fully
10 defend, indemnify and hold CITY harmless from any liability imposed for injury (as
11 defined by Government Code Section 810.8), including attorneys fees and costs,
12 occurring by reason of anything done or omitted to be done by COUNTY under or in
13 connection with any work, authority or jurisdiction delegated to COUNTY under this
14 Agreement.
15 //
16 12. NOTICES
17 Unless the persons or addresses are otherwise identified by notice given in
18 the manner specified by this paragraph, all notices authorized or required by this
19 Agreement shall be deemed effective when reduced to writing and deposited in the
20 United States mail, certified, an addressed as follows:
21 //
22 To CITY: City Manager
23 City of Seal Beach
24 211 Eighth Street
25 Seal Beach, Ca 90740
26
27 To COUNTY: Health Officer
28 County of Orange
29 515 N. Sycamore
30 Santa Ana, Ca 92701
31 //
32 //
33 //
34 //
10
• •
1 IN WITNESS WHEREOF, the CITY of Seal Beach by motion duly adopted by
2 its City Council, caused this Agreement to be signed by its Mayor and attested by
3 its Clerk, and the COUNTY OF ORANGE by order of its Board of Supervisors, has
4 caused these presents to be subscribed by the Chairman of said Board and this seal
5 of said Board to be affixed thereto and attested by the Clerk of the Board, all on the
6 day and year first above written.
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 //
11
•
1
2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
3 //
4 //
5 DATED: By
6 Chairman, Board of Supervisors
7 //
8 //
9
10 DATED: SIGNED AND CERTIFIED THAT A
11 COPY OF THIS DOCUMENT HAS
12 BEEN DELIVERED TO THE
13 CHAIRMAN OF THE BOARD
14 //
15 //
16
17 DARLENE J. BLOOME
18 Clerk of the Board of Supervisors
19 of Orange County, California
20 //
21 DATED: 03/97 APPROVED AS TO FORM:
22 COUNTY COUNSEL
23 //
24 /1
25 C / •
26 //
27 DATED: CITY OF Seal Beach
28 a municipal corporation
29 //
•
30 // •
31 By
32 ( M.yor
33 //
34 DATED:, ' _ - .07 ATTEST
35 //
36 //
37 BY, _ 6.�..0
38 Cit Clerk
39 //
40 //
41 DATED: APPROVED AS TO FORM:
42 //
43 1/
44 By
45 City Attorney
12
• •
1 AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
2 //
3 //
4 THIS AGREEMENT, entered into this 1st day of July 1996, which date is
5 enumerated for purposes of reference only, is by and between the COUNTY OF
6 ORANGE, a political subdivision of the State, hereinafter referred to as "COUNTY,"
7 and the CITY OF SEAL BEACH, a municipal corporation, hereinafter referred to as
8 "CITY."
9 //
10 //
11 WITNESSETH:
12 //
13 //
14 WHEREAS, CITY is desirous of contracting with COUNTY for the
15 performance of animal control and animal shelter services through COUNTY's Health
16 Officer, as described herein; and
17 WHEREAS, COUNTY is willing and able to render such services on terms and
18 conditions hereinafter set forth;
19 NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
20 //
21 1 . TERM
22
23 A. This Agreement shall commence on July 1 , 1996, and end
24 June 30, 1997.
25 • B. The term of this Agreement shall be automatically extended for
26 a 180 day period through December 31, 1997, if a successor Agreement between
27 the parties is not in force by July 1, 1997, and if no notice of non-renewal has been
28 given by either CITY or COUNTY in accordance with Paragraph 2 of this Agreement.
29 //
30 //
31 //
1
• •
1 2. TERMINATION
2 A. If either party determines not to renew this Agreement, written
3 notice shall be given to the other party no later than December 31 , 1996.
4 //
5 3. SERVICFS
6 A. COUNTY agrees, under the direction of the Health Officer of
7 COUNTY, to provide animal control services within the corporate limits of CITY.
8 Services provided by COUNTY shall include the enforcement of State statutes
9 deemed applicable to CITY by COUNTY. COUNTY will not be obligated to enforce
10 any ordinances adopted by CITY except those adopted in compliance with
11 Paragraph 5 of this Agreement. The level of animal control and shelter services to
12 be provided under this Agreement shall be established as those customarily provided
13 to residents of unincorporated areas of the COUNTY. Services shall be provided in
14 the following categories.
15 (1 ) FIELD SERVICES: Field Services shall be provided seven days a
16 week, 24 hours per day, 365 days a year, with the level of service reduced
17 between the hours of 11 :00 p.m. and 7:00 a.m. Telephone service request
18 lines answered between 8:00 a.m. and 5:00 p.m. everyday, except holidays;
19 lines monitored and responded to on a priority basis on holidays and after
20 5:00 p.m. Activities include, but are not limited to: patrol of assigned
21 regional areas; impounding of stray dogs or confined stray cats and of
22 owner- released animals; pick up of injured wildlife; cruelty investigations;
23 return of unclaimed animals (following required retention period) to one
24 designated location on behalf of CITY; field release to owner and impound
25 fee collection for licensed dogs impounded; bite investigations; quarantine
26 activities including home checks of animals involved in bites; inspections of
27 facilities which are required to comply with the vicious dog ordinance;
28 transportation of all injured impounded animals to emergency veterinarians;
29 issuance of citations, impounding of dead animals for disposal; response to
30 service request calls from law enforcement and city officials to assist in
31 areas regarding suspected criminal activities or zoning violations; citizen
32
2
• •
1 contacts to give information or advice regarding wildlife or other animal
2 concerns; not to include wildlife eradication services.
3 (2) SHELTER SERVICES: Shelter will receive animals from the
4 public 365 days a year from 7:00 a.m. until 11 :00 p.m. Stray animals will
5 be accepted without charge. Owners who release their animals will be
6 charged a fee. The Shelter will be open to the public to locate lost pets or
7 for pet adoption Monday through Saturday (not including holidays) from
8 10:00 a.m. to 5:00 p.m., and until 7:00 p.m. on Wednesday. A low cost
9 vaccination clinic will be held the first Tuesday of each month at the Shelter.
10 The Shelter shall retain dogs and cats without owner identification for
11 three days, plus the day of impound and any Sundays or holidays. Those
12 with identification shall be retained seven days, plus the day of impound and
13 any Sundays or holidays. Animals will be kept on public display to allow
14 owner identification. When animals are wearing identification, owners will be
15 contacted by telephone and by mail. If animals are not redeemed by their
16 owners and adoption holds have not been placed some may be made
17 available for adoption for an additional time period on a space available basis.
18 Those which are neither redeemed nor adopted will be euthanized and the
19 carcasses disposed of.
20 If CITY wishes to request additional retention days for healthy, non-
21 aggressive animals impounded within CITY such services may be requested
22 in writing with sixty (60) days advance notice. Such service will be provided
23 to CITY upon written approval of the Health Officer. If agreed to, additional
24 animal retention days will be offered on a space available basis only. CITY
25 shall pay charges for additional retention days as defined in Paragraph 6, C.,
26 4, and in compliance with Paragraph 6, B.
27 Veterinary services shall be available seven days a week. Veterinary
28 staff shall perform required euthanasia by lethal injection. Necropsies will be
29 performed on animals which die under suspicious circumstances and at the
30 request of law enforcement.
31 //
32
3
• . •
1 B. COUNTY shall furnish and supply all necessary labor,
2 supervision, equipment, and supplies to proved the services desired in this
3 Agreement. In all instances wherein special supplies, stationary, notices, forms and
4 the like are issued in the name of the CITY, the same shall be supplied by CITY at
5 its own expense.
6 C. The method by which services are provided, the standard of
7 performance, any other matters incidental to the performance of such services, and
8 the control of personnel so employed, shall be determined by COUNTY. In the
9 event of a dispute between the parties as to the extend of the duties and functions
10 to be provided hereunder, or the level and manner of performance of such services,
11 the parties shall meet in good faith to resolve their differences. In the event of an
12 impasse, the decision of the Health Officer of COUNTY shall be final.
13 D. To facilitate the performance of services hereunder, COUNTY shall
14 have full cooperation and assistance from CITY, its officers, agents and employees.
15 E. If agreeable to both parties, additional services may be rendered by
16 COUNTY and paid for by CITY.
17 F. COUNTY agrees to maintain its animal shelter in a humane manner
18 and keep said premises in a clean condition at all times, and that all services
19 furnished by it hereunder shall be in accordance with the laws of the State of
20 California, and that it will give required notices and use humane methods of care
21 and destruction of any animal coming under it jurisdiction.
22 //
23 4. STATUS OF CONTRACTOR
24 Although the services herein described are municipal functions, all
25 persons employed by COUNTY to provide said services shall be COUNTY
26 employees; no person employed hereunder shall have the right to any CITY pension
27 or civil service status. When performing services under this Agreement and for the
28 purpose of giving official status to the performance thereof where necessary, but
29 not for the purpose of liability or indemnification, every COUNTY officer or employee
30 shall be deemed to be an officer or agent of CITY.
31 //
4
• •
1 5. CONFORMITY OF LAWS OR REGULATIONS
2 A. Notwithstanding anything to the contrary herein contained, the
3 Agreement shall terminate at any time that CITY fails to enact, and to maintain in
4 full force and effect an ordinance identical in intent to the provisions of Article 1
5 through 10 of Division 1 of Title 4, and Divisions 1, 2, and 3 of Title 5 of the
6 Codified Ordinances of the County of Orange, and other regulations presently
7 adopted by the Orange County Board of Supervisors concerning animal control,
8 including those which relate to fees. This Agreement shall also terminate if CITY
9 does not enact the same amendments to its Municipal Code as those adopted by
10 COUNTY's Board of Supervisors regarding animal control within sixty (60) days
11 after a request to do so by COUNTY Health Officer.
12 B. If CITY is considering adopting an ordinance and requesting its
13 enforcement by COUNTY, the Health Officer may provide assistance to CITY in
14 defining the manner in which the proposed ordinance enforcement would be
15 provided by COUNTY. COUNTY will provide such services when a written request
16 is received sixty (60) days prior to the requested implementation of the service upon
17 the written approval of the Health Officer. The manner and extent to which
18 services are provided in response to such a request shall be determined by the
19 Health Officer and will only be provided if the cost of such services can be
20 delineated and accommodated under the provisions of Paragraph 6 C.
21 C. CITY may request that specific ordinances adopted by COUNTY
22 not be enforced in CITY when written request for exclusion is received sixty (60)
23 days prior to the requested exclusion upon the written approval of the Health
24 Officer. Such requests will only be considered provided they are not in conflict with
25 State statutes or do not endanger the public health. The COUNTY Health Officer,
26 acting on behalf of COUNTY, may use discretion and need not request CITY to
27 adopt amendments which do not apply to CITY.
28 //
29 //
30 //
31 //
32 //
5
1 6. PAYMENTS
2 A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual
3 costs of providing animal control and animal shelter services.
4 B. PAYMENT METHOD -
5 11) In consideration for the animal control and animal shelter
6 services provided by COUNTY during the term of this Agreement,
7 CITY shall make a FY 1996-97 Provisional Payment to COUNTY in the
8 amount of $67. This payment for 1996-97 services shall be adjusted
9 by a 1995-96 credit of $324 and further adjusted by a final 1994-95
•
10 credit of $241 , resulting in a total adjusted provisional credit of $498.
11 This payment shall be adjusted as described in Paragraph 6 E, below.
12 (2) The Provisional Payment shall be paid to COUNTY in four
13 installments, each equal to twenty five percent (25%) of the total
14 Provisional Payment. The first installment is due September 30,
15 1996, the second is due December 30, 1996, the third is due March
16 30, 1997, and the fourth is due June 30, 1997.
17 13) If payment is not received by COUNTY within thirty 130)
18 days after the due date, COUNTY may cease providing any further .
19 service under this Agreement with CITY and may satisfy the
20 indebtedness in any manner prescribed by law.
21 (4) CITY shall not be called upon to assume any liability for
22 the direct payment of any salaries, wages or other compensation to
23 any COUNTY personnel performing services hereunder for said
24 COUNTY, or any liability other than provided for in the Agreement.
25 CITY shall not be liable for any compensation or indemnity to any
26 COUNTY employee for injury or sickness arising out of his or her
27 employment.
28 //
29 //
6
• •
1 (5) In the event this Agreement is extended in accordance
2 Paragraph 1 B. above, CITY shall make monthly provisional payments
3 to COUNTY in an amount equal to one twelfth of the amount shown
4 in Paragraph 6 B. (1) above. Such payments shall be due no later
5 than thirty (30) days after the month in which services were provided.
6 C. DETERMINATION OF ACTUAL COST OF SERVICES -
7 (1) COUNTY agrees to collect and maintain expenditure and
8 workload data to be used to determine the actual cost of the animal
9 control and shelter services provided to CITY during the term of this
10 Agreement.
11 (2) CITY's Actual Cost of Animal Control Field Services shall
12 be determined by applying CITY's percentage of the total field Actions
13 provided by COUNTY to COUNTY's Total Actual Expenditures
14 (including indirect charges) for providing all Animal Control Field
15 Services within COUNTY.
16 (3) CITY's Actual'Cost of Animal Shelter Services shall be
17 determined by applying the CITY's percentage of animal charge days,
18 for animals impounded from within the corporate limits of CITY and
19 animals received from residents of CITY, to COUNTY's Total Actual
20 Expenditures (including indirect charges) for providing all Animal
21 Shelter Services within COUNTY. An animal charge day is defined
22 here as each day or portion of a day that an animal is housed at
23 COUNTY's Animal Shelter.
24 //
25 D. FEE REVENUE -
26 (1 ) COUNTY shall have all powers of CITY and shall receive all
27 cooperation possible from CITY to enable efficient enforcement of
28 fees collection. COUNTY shall retain all fees and revenue derived
29 from the enforcement of the CITY Ordinances pertaining to the animal
30 control services provided by COUNTY.
31 //
7
• •
1 (2) COUNTY agrees to keep record of and to credit to CITY all
2 fee revenue generated from animals received from CITY residents or
3 impounded within the corporate limits of CITY. Said revenue credit
4 shall be used to determine the Net Cost of animal control and shelter
5 services described in Paragraph 6 E. Below.
6 //
7 E. ADJUSTMENTS TO PROVISIONAL PAYMENT -
8 (1) CITY's combined Actual Costs of Animal Control Field
9 Services, as described in Paragraphs 6, C. (2), 6, C. (3) and 6, C. (4)
10 above, shall be reduced by the total amount of fee revenue generated
11 from CITY, as described in Paragraph 6, D. above, to determine the
12 Net Cost of Service provided under this Agreement.
13 (2) If the Net Cost of Service is less than the Provisional
14 Payment amount indicated in Paragraph 6, B. (1) above, then
15 COUNTY shall credit difference to CITY. COUNTY agrees to refund
16 the difference if CITY does not enter into a subsequent agreement
17 with COUNTY for animal control and shelter services.
18 (3) If the Net Cost of Service is greater than the Provisional
19 Payment amount indicated in Paragraph 6, B. (1 ) above, then
20 COUNTY shall invoice CITY for the difference if CITY does not enter
21 into a subsequent agreement. If payment is not received by COUNTY
22 within sixty (60) days after the invoice is submitted, COUNTY may
23 satisfy the indebtedness in any manner prescribed by law.
24 (4) COUNTY agrees to complete the calculation of the Net
25 Cost of Service for animal control and animal shelter services, and
26 credit or refund any overpayment by CITY, or invoice CITY for the
27 additional amount owed by CITY, on or before December 31, 1997.
28 //
29 //
30 //
8
• •
1 7. FINANCIAL/OPERATIONAL ADVISORY BOARD
2 The parties agree that there shall be a Financial/Operational Advisory
3 Board to advise the Director of Animal Control on financial and operational
4 matters and to assess cost recovery options for future years. The
5 Financial/Operational Advisory Board shall be made up of seven members,
6 four members appointed by the Orange County League of Cities and three
7 members appointed by COUNTY.
8 //
9 8. RECORDS
10 All records created or received by COUNTY in accordance with
11 this Agreement shall be COUNTY records. COUNTY agrees to keep such
12 books and records in such form and manner as the Auditor-Controller of
13 COUNTY shall specify. Said books shall be open for examination by CITY at
14 all reasonable times.
15 //
16 9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION
17 Animals which are being retained in criminal prosecutions,
18 except for violations of Animal Control regulations and/or ordinances
19 pursuant to the Agreement, are not to be construed as held pursuant to the
20 services provided under this Agreement; housing will be done at the
21 discretion of the COUNTY and at the COUNTY's usual and customary
22 charges for such housing.
23 //
24 10. ALTERATION OF TERMS
25 This Agreement fully expresses all understandings of COUNTY
26 and CITY with respect to the subject matter of this Agreement, and shall
27 constitute the total Agreement between the parties for these'purposes. No
28 addition to, or alteration of, the terms of this Agreement shall be valid unless
29 made in writing, formally approved and executed by duly authorized agents
30 of both parties.
31 //
32
9
• •
1 1 1 . INDEMNIFICATION
2 A. That neither COUNTY nor any officer or employee thereof shall
3 be responsible for any damage or liability occurring by reason of anything
4 done or omitted to be done by CITY under or in connection with any work,
5 authority or jurisdiction delegated to CITY under this Agreement. It is also
6 understood and agreed that, pursuant to Government Code Section 895.4,
7 CITY shall fully defend, indemnify and hold COUNTY harmless from any
8 liability imposed for injury (as defined by Government Code Section 810.8),
9 including attorneys fees and costs, occurring by reason of anything done or
10 omitted to be done by CITY under or in connection with any work, authority
11 or jurisdiction delegated to CITY under this Agreement.
12 B. That neither CITY nor any officer or employee thereof shall be
13 responsible for any damage or liability occurring by reason of anything done
14 or omitted to be done by COUNTY under or in connection with any work,
15 authority or jurisdiction delegated to COUNTY under this Agreement. It is
16 also understood and agreed to that, pursuant to Government Code Section
17 895.4, COUNTY shall fully defend, indemnify and hold CITY harmless from
18 any liability imposed for injury (as defined by Government Code Section
19 810.8), including attorneys fees and costs, occurring by reason of anything
20 done or omitted to be done by COUNTY under or in connection with any
21 work, authority or jurisdiction delegated to COUNTY under this Agreement.
22 /I
23 12. NOTICES
24 Unless the persons or addresses are otherwise identified by notice
25 given in the manner specified by this paragraph, all notices authorized or
26 required by this Agreement shall be deemed effective when reduced to
27 writing and deposited in the United States mail, certified, an addressed as
28 follows:
29 //
30 To CITY: City Manager
31 City of Seal Beach
32 211 Eighth Street
33 Seal Beach, Ca 90740
34
10
• •
1 To COUNTY: Health Officer
2 County of Orange
3 515 N. Sycamore
4 Santa Ana, Ca 92701
5 //
6 //
7 IN WITNESS WHEREOF, the CITY of Seal Beach by motion duly adopted by
8 its City Council, caused this Agreement to be signed by its Mayor and attested by
9 its Clerk, and the COUNTY OF ORANGE by order of its Board of Supervisors, has
10 caused these presents to be subscribed by the Chairman of said Board and this seal
11 of said Board to be affixed thereto and attested by the Clerk of the Board, all on the
12 . day and year first above written.
13 //
14 //
15 //
16 //
17 //
18 //
19 //
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28 //
29 //
30 //
31 //
32 //
11
1
2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
3 //
4 //
5 DATED: By
6 Chairman, Board of Supervisors
7 //
8 //
9
10 DATED: SIGNED AND CERTIFIED THAT A
11 COPY OF THIS DOCUMENT HAS
12 BEEN DELIVERED TO THE
13 CHAIRMAN OF THE BOARD
14 //
15 //
16
17 KATHLEEN E. GOODNO
18 Acting Clerk of the Board of Supervisors
19 of the County of Orange, California
20 //
21 DATED: 4301c 6 APPROVED AS TO FORM:
22 COUNTY OUN L
23 //
25 /l .L Al..,
26 //
27 DATED: CITY OF Seal Beach
28 a municipal corporation
29 //
30 //
31 By 4�A/! e jrf�
32 , Mayor
33 //
34 DATED: a,t/ c.7.5— /996
AT
36 //
36 //
37 By i i .LC:0
38 City ' lerk
39 //
40 //
41 DATED: APPROVED AS TO FORM:
42 //
43 //
•
44 By
45 City Attorney
12
111 411 TOM URAM
tri DIRECTOR
O U N T Y O F CO RANGE HUGH F. STALLWORTH,M.D.
HEALTH OFFICER
5 3 HEALTH CARE AGENCY
VETERINARY PUBLIC HEALTH
561 CITY DRIVE SOUTH
PUBLIC HEALTH OTR TELEPHONE:
(714)9356848
November 16, 1995
Mr. Jerry Bankston, City Manager
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Dear Mr. Banskton:
Enclosed is your copy of your fully executed Animal Control/Shelter Services
contract for Fiscal Year 1995-96. If you have any questions concerning your
contract, please feel free to contact me at (714) 935-7107.
Very truly yours,
or -
Judy Maitlen
Director, Animal Control
I .
JM:cpc
CO NTCOO R:9596contrct
•
AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
1 //
2 //
3
4 THIS AGREEMENT, entered into this 1st day of July 1995, which date is
S enumerated for purposes of reference only, is by and between the COUNTY OF
ORANGE, a political subdivision of the State, hereinafter referred to as "COUNTY,"
and the CITY OF SEAL BEACH, a municipal corporation, hereinafter referred to as
7 "CITY."
8 //
9
10 // •
11 WITNESSETH:
12 //
13 //
14 WHEREAS, CITY is desirous of contracting with COUNTY for the
15 performance of animal control and animal shelter services through COUNTY's Health
Officer, as described herein; and
16 WHEREAS, COUNTY is willing and able to render such services on terms and
17 conditions hereinafter set forth;
18 NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
19 //
1 . TERM
20
21 A. This Agreement shall commence on July 1 , 1995, and end
June 30, 1996.
22 B. The term of this Agreement shall be automatically extended for
23 a 180 day period through December 31 , 1996, if a successor Agreement between
24 the parties is not in force by July 1 , 1996, and if no notice of non-renewal has been
25 given by either CITY or COUNTY in accordance with Paragraph 2 of this Agreement.
//
26
27
28 1
• •
1 2. TERMINATION
2 A. If either party determines not to renew this Agreement, written
notice shall be given to the other party no later than December 31, 1995.
3
//
3. SERVICES
5 A. COUNTY agrees, under the direction of the Health Officer of
6 COUNTY, to provide animal control services within the corporate limits of CITY.
7 Services provided by COUNTY shall include the enforcement of State statutes
deemed applicable to CITY by COUNTY. COUNTY will not be obligated to enforce
8
any ordinances adopted by CITY except those adopted in compliance with
9 Paragraph 5 of this Agreement. The level of animal control and shelter services to
10 be provided under this Agreement shall be established as those customarily provided
11 to residents of unincorporated areas of the COUNTY. Services shall be provided in
12 the following categories.
(1 ) FIELD SERVICES: Field Services shall be provided seven days a
13
week, 24 hours per day, 365 days a year, with the level of service reduced
14 between the hours of 11 :00 p.m. and 7:00 a.m. Telephone service request
15 lines answered between 8:00 a.m. and 5:00 p.m. everyday, except holidays;
16 lines monitored and responded to on a priority basis on holidays and after
5:00 p.m. Activities include, but are not limited to: patrol of assigned
17
regional areas; impounding of stray dogs or confined stray cats and of
18 owner- released animals; pick up of injured wildlife; cruelty investigations;
19 return of unclaimed animals (following required retention period) to one
20 designated location on behalf of CITY; field release to owner and impound
21 fee collection for licensed dogs impounded; bite investigations; quarantine
activities including home checks of animals involved in bites; inspections of
22
facilities which are required to comply with the vicious dog ordinance;
23 transportation of all injured impounded animals to emergency veterinarians;
24 issuance of citations, impounding of dead animals for disposal; response to
25 service request calls from law enforcement and city officials to assist in
areas regarding suspected criminal activities or zoning violations; citizen
26
27
28 2
• •
1 contacts to give information or advice regarding wildlife or other animal
2 concerns; not to include wildlife eradication services.
3 (2) SHELTER SERVICES: Shelter will receive animals from the
public 365 days a year from 7:00 a.m. until 11 :00 p.m. Stray animals will
4
be accepted without charge. Owners who release their animals will be
J
charged a fee. The Shelter will be open to the public to locate lost pets or
6 for pet adoption Monday through Saturday (not including holidays) from
7 10:00 a.m. to 5:00 p.m., and until 7:00 p.m. on Wednesday. A low cost
8 vaccination clinic will be held the first Tuesday of each month at the Shelter.
The Shelter shall retain dogs and cats without owner identification for
9
three days, plus the day of impound and any Sundays or holidays. Those
10 with identification shall be retained seven days, plus the day of impound and
11 any Sundays or holidays. Animals will be kept on public display to allow
12 owner identification. When animals are wearing identification, owners will be
13 contacted by telephone and by mail. If animals are not redeemed by their
owners and adoption holds have not been placed some may be made
14 available for adoption for an additional time period on a space available basis.
15 Those which are neither redeemed nor adopted will be euthanized and the
16 carcasses disposed of.
17 If CITY wishes to request additional retention days for healthy, non-
aggressive animals impounded within CITY such services may be requested
18 in writing with sixty (60) days advance notice. Such service will be provided
19 to CITY upon written approval of the Health Officer. If agreed to, additional
20 animal retention days will be offered on a space available basis only. CITY
21 shall pay charges for additional retention days as defined in Paragraph 6, C.,
4, and in compliance with Paragraph 6, B.
22
Veterinary services shall be available seven days a week. Veterinary
23 staff shall perform required euthanasia by lethal injection. Necropsies will be
24 performed on animals which die under suspicious circumstances and at the
25 request of law enforcement.
//
26
27
28 3
• •
1 B. COUNTY shall furnish and supply all necessary labor,
2 supervision, equipment, and supplies to proved the services desired in this
3 Agreement. In all instances wherein special supplies, stationary, notices, forms and
the like are issued in the name of the CITY, the same shall be supplied by CITY at
its own expense.
5
C. The method by which services are provided, the standard of
6 performance, any other matters incidental to the performance of such services, and
7 the control of personnel so employed, shall be determined by COUNTY. In the
8 event of a dispute between the parties as to the extend of the duties and functions
to be provided hereunder, or the level and manner of performance of such services,
9
the parties shall meet in good faith to resolve their differences. In the event of an
10 impasse, the decision of the Health Officer of COUNTY shall be final.
11 D. To facilitate the performance of services hereunder, COUNTY shall
12 have full cooperation and assistance from CITY, its officers, agents and employees.
13 E. If agreeable to both parties, additional services may be rendered by
COUNTY and paid for by CITY.
14 F. COUNTY agrees to maintain its animal shelter in a humane manner
15 and keep said premises in a clean condition at all times, and that all services
16 furnished by it hereunder shall be in accordance with the laws of the State of
17 California, and that it will give required notices and use humane methods of care
and destruction of any animal coming under it jurisdiction.
18 //
19 4. STATUS OF CONTRACTOR
20 Although the services herein described are municipal functions, all
21 persons employed by COUNTY to provide said services shall be COUNTY
employees; no person employed hereunder shall have the right to any CITY pension
22
or civil service status. When performing services under this Agreement and for the
23 purpose of giving official status to the performance thereof where necessary, but
24 not for the purpose of liability or indemnification, every COUNTY officer or employee
25 shall be deemed to be an officer or agent of CITY.
//
26
27
28 4
• •
5. CONFORMITY OF LAWS OR REGULATIONS
1 A. Notwithstanding anything to the contrary herein contained, the
2 Agreement shall terminate at any time that CITY fails to enact, and to maintain in
3 full force and effect an ordinance identical in intent to the provisions of Article 1
4 through 10 of Division 1 of Title 4, and Divisions 1 , 2, and 3 of Title 5 of the
Codified Ordinances of the County of Orange, and other regulations presently
5
adopted by the Orange County Board of Supervisors concerning animal control,
6 including those which relate to fees. This Agreement shall also terminate if CITY
7 does not enact the same amendments to its Municipal Code as those adopted by
8 COUNTY's Board of Supervisors regarding animal control within sixty (60) days
after a request to do so by COUNTY Health Officer.
9
B. If CITY is considering adopting an ordinance and requesting its
1() enforcement by COUNTY, the Health Officer may provide assistance to CITY in
11 defining the manner in which the proposed ordinance enforcement would be
12 provided by COUNTY. COUNTY will provide such services when a written request
13 is received sixty (60) days prior to the requested implementation of the service upon
the written approval of the Health Officer. The manner and extent to which
14
services are provided in response to such a request shall be determined by the
15 Health Officer and will only be provided if the cost of such services can be
16 delineated and accommodated under the provisions of Paragraph 6 C.
17 C. CITY may request that specific ordinances adopted by COUNTY
not be enforced in CITY when written request for exclusion is received sixty (60)
18
days prior to the requested exclusion upon the written approval of the Health
19 Officer. Such requests will only be considered provided they are not in conflict with
20 State statutes or do not endanger the public health. The COUNTY Health Officer,
21 acting on behalf of COUNTY, may use discretion and need not request CITY to
adopt amendments which do not apply to CITY.
22
//
23
24
25
//
26
27
28 5
• •
6. PAYMENTS
2 A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual
3 costs of providing animal control and animal shelter services.
4 B. PAYMENT METHOD -
(1 ) In consideration for the animal control and animal shelter
5
services provided by COUNTY during the term of this Agreement,
6 CITY shall make a FY 1995-96 Provisional Payment to COUNTY in the
7 amount of $382. This payment for 1995-96 services shall be
8 adjusted by a 1994-95 credit of $254 and further adjusted by a final
1993-94 credit of $118, resulting in a total adjusted provisional
9
payment of $10. This payment shall be adjusted as described in
10 Paragraph 6 E, below.
11 (2) The Provisional Payment shall be paid to COUNTY in four
12 installments, each equal to twenty five percent (25%) of the total
la Provisional Payment. The first installment is due September 30,
1995, the second is due December 30, 1995, the third is due March
14
30, 1996, and the fourth is due June 30, 1996.
15 (3) If payment is not received by COUNTY within thirty (30)
16 days after the due date, COUNTY may cease providing any further
17 service under this Agreement with CITY and may satisfy the
•
indebtedness in any manner prescribed by law.
18
(4) CITY shall not be called upon to assume any liability for
19 the direct payment of any salaries, wages or other compensation to
20 any COUNTY personnel performing services hereunder for said
21 COUNTY, or any liability other than provided for in the Agreement.
CITY shall not be liable for any compensation or indemnity to any
22
COUNTY employee for injury or sickness arising out of his or her
23 employment.
24 //
25
26
27
28 6
• •
1 (5) In the event this Agreement is extended in accordance
2 Paragraph 1 B. above, CITY shall make monthly provisional payments
3 to COUNTY in an amount equal to one twelfth of the amount shown
4 in Paragraph 6 B. (1 ) above. Such payments shall be due no later
than thirty (30) days after the month in which services were provided.
J C. DETERMINATION OF ACTUAL COST OF SERVICES -
6 (1) COUNTY agrees to collect and maintain expenditure and
7 workload data to be used to determine the actual cost of the animal
8 control and shelter services provided to CITY during the term of this
Agreement.
9
(2) CITY's Actual Cost of Animal Control Field Services shall
1() be determined by applying CITY's percentage of the total field Actions
11 provided by COUNTY to COUNTY's Total Actual Expenditures
12 (including indirect charges) for providing all Animal Control Field
13 Services within COUNTY.
(3) CITY's Actual Cost of Animal Shelter Services shall be
14 determined by applying the CITY's percentage of animal charge days,
15 for animals impounded from within the corporate limits of CITY and
16 animals received from residents of CITY, to COUNTY's Total Actual
17 Expenditures (including indirect charges) for providing all Animal
Shelter Services within COUNTY. An animal charge day is defined
18 here as each day or portion of a day that an animal is housed at
19 COUNTY's Animal Shelter.
20
21 D. FEE REVENUE -
22 (1 ) COUNTY shall have all powers of CITY and shall receive all
cooperation possible from CITY to enable efficient enforcement of
23 fees collection. COUNTY shall retain all fees and revenue derived
24
25
26
27
28 7
1 from the enforcement of the CITY Ordinances pertaining to the animal
2 control services provided by COUNTY.
//
3
(2) COUNTY agrees to keep record of and to credit to CITY all
4 fee revenue generated from animals received from CITY residents or
5 impounded within the corporate limits of CITY. Said revenue credit
6 shall be used to determine the Net Cost of animal control and shelter
7 services described in Paragraph 6 E. Below.
//
8
E. ADJUSTMENTS TO PROVISIONAL PAYMENT -
9 (1) CITY's combined Actual Costs of Animal Control Field
10 Services, as described in Paragraphs 6, C. (2), 6, C. (3) and 6, C. (4)
11 above, shall be reduced by the total amount of fee revenue generated
12 from CITY, as described in Paragraph 6, D. above, to determine the
Net Cost of Service provided under this Agreement.
13
(2) If the Net Cost of Service is less than the Provisional
14 Payment amount indicated in Paragraph 6, B. (1) above, then
15 COUNTY shall credit difference to CITY. COUNTY agrees to refund
16 the difference if CITY does not enter into a subsequent agreement
with COUNTY for animal control and shelter services.
17
(3) If the Net Cost of Service is greater than the Provisional
18 Payment amount indicated in Paragraph 6, B. (1) above, then
19 COUNTY shall invoice CITY for the difference if CITY does not enter
20 into a subsequent agreement. If payment is not received by COUNTY
21 within sixty (60) days after the invoice is submitted, COUNTY may
satisfy the indebtedness in any manner prescribed by law.
22
(4) COUNTY agrees to complete the calculation of the Net
23 Cost of Service for animal control and animal shelter services, and
24 credit or refund any overpayment by CITY, or invoice CITY for the
25 additional amount owed by CITY, on or before December 31, 1996.
//
26
27
28 8
• •
1 7. FINANCIAL/OPERATIONAL ADVISORY BOARD
2 The parties agree that there shall be a Financial/Operational Advisory
Board to advise the Director of Animal Control on financial and operational
3
matters and to assess cost recovery options for future years. The
4 Financial/Operational Advisory Board shall be made up of seven members,
5 four members appointed by the Orange County League of Cities and three
6 members appointed by COUNTY.
7 //
8. RECORDS
8
All records created or received by COUNTY in accordance with
9 this Agreement shall be COUNTY records. COUNTY agrees to keep such
10 books and records in such form and manner as the Auditor-Controller of
11 COUNTY shall specify. Said books shall be open for examination by CITY at
12 all reasonable times.
//
13
9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION
14 Animals which are being retained in criminal prosecutions,
15 except for violations of Animal Control regulations and/or ordinances
16 pursuant to the Agreement, are not to be construed as held pursuant to the
services provided under this Agreement; housing will be done at the
17
discretion of the COUNTY and at the COUNTY's usual and customary
18 charges for such housing.
19 //
20 10. ALTERATION OF TERMS
21 This Agreement fully expresses all understandings of COUNTY
and CITY with respect to the subject matter of this Agreement, and shall
22
constitute the total Agreement between the parties for these purposes. No
23 addition to, or alteration of, the terms of this Agreement shall be valid unless
24 made in writing, formally approved and executed by duly authorized agents
25 of both parties.
//
26
27
28 9
• •
1 11 . INDEMNIFICATION
2 A. That neither COUNTY nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason of anything
3
done or omitted to be done by CITY under or in connection with any work,
4 authority or jurisdiction delegated to CITY under this Agreement. It is also
5 understood and agreed that, pursuant to Government Code Section 895.4,
6 CITY shall fully defend, indemnify and hold COUNTY harmless from any
liability imposed for injury (as defined by Government Code Section 810.8),
7
including attorneys fees and costs, occurring by reason of anything done or
8 omitted to be done by CITY under or in connection with any work, authority
9 or jurisdiction delegated to CITY under this Agreement.
10 B. That neither CITY nor any officer or employee thereof shall be
11 responsible for any damage or liability occurring by reason of anything done
or omitted to be done by COUNTY under or in connection with any work,
12
authority or jurisdiction delegated to COUNTY under this Agreement. It is
13 also understood and agreed to that, pursuant to Government Code Section
14 895.4, COUNTY shall fully defend, indemnify and hold CITY harmless from
15 any liability imposed for injury (as defined by Government Code Section
16 810.8), including attorneys fees and costs, occurring by reason of anything
done or omitted to be done by COUNTY under or in connection with any
17
work, authority or jurisdiction delegated to COUNTY under this Agreement.
18 //
19 12. NOTICES
20 Unless the persons or addresses are otherwise identified by notice
given in the manner specified by this paragraph, all notices authorized or
21
required by this Agreement shall be deemed effective when reduced to
22 writing and deposited in the United States mail, certified, an addressed as
23 follows:
24 //
25 To CITY: City Manager
City of Seal Beach
26 211 Eighth Street
Seal Beach, Ca 90740
27
28 10
• •
1 To COUNTY: Health Officer
County of Orange
2 515 N. Sycamore
Santa Ana, Ca 92701
3 I/
4 //
5 IN WITNESS WHEREOF, the CITY of Seal Beach by motion duly adopted by
6 its City Council, caused this Agreement to be signed by its Mayor and attested by
its Clerk, and the COUNTY OF ORANGE by order of its Board of Supervisors, has
7 caused these presents to be subscribed by the Chairman of said Board and this seal
8 of said Board to be affixed thereto and attested by the Clerk of the Board, all on the
9 day and year first above written.
10 II
//
11
//
12 //
13 //
14 //
15 II
//
16
//
17 //
18 //
19 //
//
20
//
21 //
22 //
23 1I
24 Il
//
25
//
26
27
28 11
• •
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
2 //
//
3 DATED: I ON45 By :.—%in / . P (.– ii4ler\•„
4 Ch1 an, Board of Supervisors
//
r //
5
6 DATED: oiciS SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
7 BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
8 /! //' n^• c
9
10 KATHLEEN E. GOODNO
Acting Clerk of the Board of Supervisors
11 of the County of Orange, California
/!
12 DATED: ` 311-r APPROVED AS TI FOR :
/ TERRY ./AN, S CO' NTY COUNSEL
13 // /47
//
14
15 /1 /' 1 Li ,.yr .
16 DATEDQ/49,u j 074 / 99,r CITY OF Seal Beach
a municipal corporation
17 // I
18 // , I //;;��
19
By 11.1 1tii. mWiC
mayor
20 //
DATED: /,6Q 0.2e, /c,95 ATTE
21 //
//
22 B i. ; __ Al
C;gClerk
23 //
//
24
DATED: APPROVED AS TO FORM:
25 /!
/!
26 By
City Attorney
27
28 12
X11
• '• ` ft , • •
•
4t. AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
1 //
2 //
3
4 THIS AGREEMENT, entered into this 1st day of July 1994, which date is
5 enumerated for purposes of reference only, is by and between the COUNTY OF
ORANGE, a political subdivision of the State, hereinafter referred to as "COUNTY,"
6
and the CITY OF SEAL BEACH, a municipal corporation, hereinafter referred to as
7 "CITY."
8 //
9
10 //
11 WITNESSETH:
//
12
13 //
14 WHEREAS, CITY is desirous of contracting with COUNTY for the
15 performance of animal control and animal shelter services through COUNTY's Health
Officer, as described herein; and
16 WHEREAS, COUNTY is willing and able to render such services on terms and
17 conditions hereinafter set forth;
18 NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
19 //
1 . TERM
20
21 A. This Agreement shall commence on July 1, 1994, and end
June 30, 1995.
22
B. The term of this Agreement shall be automatically extended for
23 a 180 day period through December 31, 1995, if a successor Agreement between
24 the parties is not in force by July 1, 1995, and if no notice of non-renewal has been
26 given by either CITY or COUNTY in accordance with Paragraph 2 of this Agreement.
26 //
27
28 1
• •
•
1 2. TERMINATION
2 A. If either party determines not to renew this Agreement, written
notice shall be given to the other party no later than December 31, 1994.
3
4 3. SERVICFS
5 A. COUNTY agrees, under the direction of the Health Officer of
6 COUNTY, to provide animal control services within the corporate limits of CITY.
7 Services provided by COUNTY shall include the enforcement of State statutes
deemed applicable to CITY by COUNTY. COUNTY will not be obligated to enforce
8
any ordinances adopted by CITY except those adopted in compliance with
9 Paragraph 5 of this Agreement. The level of animal control and shelter services to
10 be provided under this Agreement shall be established as those customarily provided
11 to residents of unincorporated areas of the COUNTY. Services shall be provided in
12 the following categories.
(1 ) FIELD SERVICES: Field Services shall be provided seven days a
13
week, 24 hours per day, 365 days a year, with the level of service reduced
14 between the hours of 11:00 p.m. and 7:00 a.m. Telephone service request
15 lines answered between 8:00 a.m. and 5:00 p.m. everyday, except holidays;
16 lines monitored and responded to on a priority basis on holidays and after
17 5:00 p.m. Activities include, but are not limited to: patrol of assigned
regional areas; impounding of stray dogs or confined stray cats and of
18 owner- released animals; pick up of injured wildlife; cruelty investigations;
19 return of unclaimed animals (following required retention period) to one
20 designated location on behalf of CITY; field release to owner and impound
21 fee collection for licensed dogs impounded; bite investigations; quarantine
activities including home checks of animals involved in bites; inspections of
facilities which are required to comply with the vicious dog ordinance;
23
transportation of all injured impounded animals to emergency veterinarians;
24 issuance of citations, impounding of dead animals for disposal; response to
25 service request calls from law enforcement and city officials to assist in
26 areas regarding suspected criminal activities or zoning violations; citizen
27
28 2
( • •
1 contacts to give information or advice regarding wildlife or other animal
2 concerns; not to include wildlife eradication services.
3 In house field services activities shall include: assistance to citizens
regarding barking dogs and other nuisance complaints; advice regarding
wildlife management and other issues which may not require contact in the
5 field by an officer; visits to schools and community groups to provide
6 education regarding wildlife management, responsible pet ownership and
7 other animal control issues.
8 (2) SHELTER SERVICES: Shelter will receive animals from the
public 365 days a year from 7:00 a.m. until 11 :00 p.m. Stray animals will
9
be accepted without charge. Owners who release their animals will be
111 charged a fee. The Shelter will be open to the public to locate lost pets or
11 for pet adoption Monday through Saturday (not including holidays) from
12 10:00 a.m. to 5:00 p.m., and until 7:00 p.m. on Wednesday. A low cost
13 vaccination clinic will be held the first Tuesday of each month at the Shelter.
The Shelter shall retain dogs and cats without owner identification for
14
three days, plus the day of impound and any Sundays or holidays. Those
15 with identification shall be retained seven days, plus the day of impound and
16 any Sundays or holidays. Animals will be kept on public display to allow
17 owner identification. When animals are wearing identification, owners will be
18 contacted by telephone and by mail. If animals are not redeemed by their
owners and adoption holds have not been placed some may be made
19
available for adoption for an additional time period on a space available basis.
20 Those which are neither redeemed nor adopted will be euthanized and the
21 carcasses disposed of.
If CITY wishes to request additional retention days for healthy, non-
23 aggressive animals impounded within CITY such services may be requested
in writing with sixty (60) days advance notice. Such service will be provided
24
to CITY upon written approval of the Health Officer. If agreed to, additional
25 animal retention days will be offered on a space available basis only. CITY
28 "
21
28 3
•
1 shall pay charges for additional retention days as defined in Paragraph 6, C.,
2 4, and in compliance with Paragraph 6, B.
Veterinary services shall be available seven days a week. Veterinary
3
staff shall perform required euthanasia by lethal injection. Necropsies will be
4 performed on animals which die under suspicious circumstances and at the
5 request of law enforcement.
6 B. COUNTY shall furnish and supply all necessary labor,
7 supervision, equipment, and supplies to proved the services desired in this
Agreement. In all instances wherein special supplies, stationary, notices, forms and
8
the like are issued in the name of the CITY, the same shall be supplied by CITY at
9 its own expense.
10 C. The method by which services are provided, the standard of
11 performance, any other matters incidental to the performance of such services, and
12 the control of personnel so employed, shall be determined by COUNTY. In the
event of a dispute between the parties as to the extend of the duties and functions
13
to be provided hereunder, or the level and manner of performance of such services,
14 the parties shall meet in good faith to resolve their differences. In the event of an
15 impasse, the decision of the Health Officer of COUNTY shall be final.
16 D. To facilitate the performance of services hereunder, COUNTY shall
17 have full cooperation and assistance from CITY, its officers, agents and employees.
E. If agreeable to both parties, additional services may be rendered by
18 COUNTY and paid for by CITY.
19 F. COUNTY agrees to maintain its animal shelter in a humane manner
20 and keep said premises in a clean condition at all times, and that all services
21 furnished by it hereunder shall be in accordance with the laws of the State of
22 California, and that it will give required notices and use humane methods of care
and destruction of any animal coming under it jurisdiction.
23
24 4. STATUS OF CONTRACTOR
25 Although the services herein described are municipal functions, all
26 persons employed by COUNTY to provide said services shall be COUNTY
27
28 4
• •
1 employees; no person employed hereunder shall have the right to any CITY pension
2 or civil service status. When performing services under this Agreement and for the
purpose of giving official status to the performance thereof where necessary, but
3
not for the purpose of liability or indemnification, every COUNTY officer or employee
4 shall be deemed to be an officer or agent of CITY.
5 //
6 5. CONFORMITY OF LAWS OR RFAIII ATIONS
7 A. Notwithstanding anything to the contrary herein contained, the
Agreement shall terminate at any time that CITY fails to enact, and to maintain in
8
full force and effect an ordinance identical in intent to the provisions of Article 1
9 through 10 of Division 1 of Title 4, and Divisions 1 , 2, and 3 of Title 5 of the
10 Codified Ordinances of the County of Orange, and other regulations presently
11 adopted by the Orange County Board of Supervisors concerning animal control,
12 including those which relate to fees. This Agreement shall also terminate if CITY
does not enact the same amendments to its Municipal Code as those adopted by
13 COUNTY's Board of Supervisors regarding animal control within sixty (60) days
14 after a request to do so by COUNTY Health Officer.
15 B. If CITY is considering adopting an ordinance and requesting its
16 enforcement by COUNTY, the Health Officer may provide assistance to CITY in
defining the manner in which the proposed ordinance enforcement would be
17
provided by COUNTY. COUNTY will provide such services when a written request
18 is received sixty 160) days prior to the requested implementation of the service upon
19 the written approval of the Health Officer. The manner and extent to which
20 services are provided in response to such a request shall be determined by the
21 Health Officer and will only be provided if the cost of such services can be
22 delineated and accommodated under the provisions of Paragraph 6 C.
C. CITY may request that specific ordinances adopted by COUNTY
23
not be enforced in CITY when written request for exclusion is received sixty (60)
24 days prior to the requested exclusion upon the written approval of the Health
25 Officer. Such requests will only be considered provided they are not in conflict with
26 //
27
28 5
•
1 State statutes or do not endanger the public health. The COUNTY Health Officer,
2 acting on behalf of COUNTY, may use discretion and need not request CITY to
adopt amendments which do not apply to CITY.
3
4 6. PAYMENTS
5 A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual
6 costs of providing animal control and animal shelter services.
7 B. PAYMENT METHOD -
8 (1) In consideration for the animal control and animal shelter
services provided by COUNTY during the term of this Agreement,
9 CITY shall make a FY 1994-95 Provisional Payment to COUNTY in the
]I) amount of $573. This payment for 1994-95 services shall be
11 adjusted by a 1993-94 debit of $359 and further adjusted by a final
12 1992-93 credit of $111, resulting in a total adjusted provisional
payment of $821 . This payment shall be adjusted as described in
13
Paragraph 6 E, below.
14 (2) The Provisional Payment shall be paid to COUNTY in four
15 installments, each equal to twenty five percent (25%) of the total
16 Provisional Payment. The first installment is due September 30,
17 1994, the second is due December 30, 1994, the third is due March
30, 1995, and the fourth is due June 30, 1995.
• 18
(3) If payment is not received by COUNTY within thirty (30)
19 days after the due date, COUNTY may cease providing any further
20 service under this Agreement with CITY and may satisfy the
21 indebtedness in any manner prescribed by law.
22 (4) CITY shall not be called upon to assume any liability for
the direct payment of any salaries, wages or other compensation to
23
any COUNTY personnel performing services hereunder for said
24 COUNTY, or any liability other than provided for in the Agreement.
25 CITY shall not be liable for any compensation or indemnity to any
26
27
28 ( 6
•
RrJ1 faV!rAL CONTROL TO: 2134314967 JUN 13+ 1994 11:i1 1 P.22
. . • •
1 COUNTY employee f or injury or sickness wising out of his or her .
employment.
2 i (5) In the event this Agreement is extended in accordance
3 Paragraph 1 B. above, CITY ehail make monthly provisional payments
4 to COUNTY in an amount equal to one twelfth of the amount shown
6 in Paragraph 6 B. (1) above. Such payments shall be due no later
6 than thirty (30) days after the month in which services were provided,
C. DETERMINATION OF ACTUAL COST OF SERVICES -
7
(1) COUNTY agrees to collect and maintain expenditure and
8 workload cam to be used to determine the actual cost of the animal
9 control and shelter services provided to CITY during the term of this
10 Agreement.
11 (2) CITY's Actual Cost of Animol Control Field Services shall
be determined by applying CITY's percentage of the total field Actions
12
provided by COUNTY to COUNTY'S Total Actual Expenditures
13 (including indirect charges) for providing all Animal Control Field
14 Services within COUNTY,
16 (3) CITY's Actual Cost of Animal Shelter Services shall be
is determined by applying the CITY's percentage of animal charge days,
. for animals impounded from within the corporate limits of CITY and
17
animals received from residents of CITY, to COUNTY'S Total Actual
18 Expenditures (including indirect charges) for providing all Animal
19 Shelter Services within COUNTY. An animal charge day is defined
20 here as each day or portion of a day that an animal is housed at
21 COUNTY'S Animal Shelter.
!!
i D. FEE REVENUE -
23 1 (1) COUNTY shall have all powers of CITY and shall receive all
24 cooperation possible from CITY to enable efficient enforcement of
26 fees collection. COUNTY shall retain all fees and revenue derived
u
28
27
28
• •
•
1 from the enforcement of the CITY Ordinances pertaining to the animal
2 control services provided by COUNTY.
3 //
(2) COUNTY agrees to keep record of and to credit to CITY all
4 fee revenue generated from animals received from CITY residents or
5 impounded within the corporate limits of CITY. Said revenue credit
6 shall be used to determine the Net Cost of animal control and shelter
7 services described in Paragraph 6 E. Below.
8 //
E. ADJUSTMENTS TO PROVISIONAL PAYMENT -
9
(1) CITY'S combined Actual Costs of Animal Control Field
10 Services, as described in Paragraphs 6, C. (2), 6, C. (3) and 6, C. (4)
11 above, shall be reduced by the total amount of fee revenue generated
12 from CITY, as described in Paragraph 6, D. above, to determine the
13 Net Cost of Service provided under this Agreement.
(2) If the Net Cost of Service is less than the Provisional
14
Payment amount indicated in Paragraph 6, B. (1) above, then
15 COUNTY shall credit difference to CITY. COUNTY agrees to refund
16 the difference if CITY does not enter into a subsequent agreement
17 with COUNTY for animal control and shelter services.
18 (3) If the Net Cost of Service is greater than the Provisional
Payment amount indicated in Paragraph 6, B. (1) above, then
19 COUNTY shall invoice CITY for the difference if CITY does not enter
20 into a subsequent agreement. If payment is not received by COUNTY
21 within sixty (60) days after the invoice is submitted, COUNTY may
22 satisfy the indebtedness in any manner prescribed by law.
(4) COUNTY agrees to complete the calculation of the Net
Cost of Service for animal control and animal shelter services, and
24 credit or refund any overpayment by CITY, or invoice CITY for the
25 additional amount owed by CITY, on or before December 31, 1995.
26. //
27
28 8
•
• •
•
1 7. FINANCIAL/OPERATIONAL ADVISORY BOARD
2 The parties agree that there shall be a Financial/Operational Advisory
Board to advise the Director of Animal Control on financial and operational
3 matters and to assess cost recovery options for future years. The
4 Financial/Operational Advisory Board shall be made up of seven members, •
5 four members appointed by the Orange County League of Cities and three
6 members appointed by COUNTY.
7 //
8. RECORDS
8 All records created or received by COUNTY in accordance with
9 this Agreement shall be COUNTY records. COUNTY agrees to keep such
10 books and records in such form and manner as the Auditor-Controller of
11 COUNTY shall specify. Said books shall be open for examination by CITY at
all reasonable times.
12
//
13 9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION
14 Animals which are being retained in criminal prosecutions,
15 except for violations of Animal Control regulations and/or ordinances
16 pursuant to the Agreement, are not to be construed as held pursuant to the
17 services provided under this Agreement; housing will be done at the
discretion of the COUNTY and at the COUNTY's usual and customary
18 charges for such housing.
19 //
20 10. ALTERATION OF TERMS
21 This Agreement fully expresses all understandings of COUNTY
22 and CITY with respect to the subject matter of this Agreement, and shall
constitute the total Agreement between the parties for these purposes. No
23
addition to, or alteration of, the terms of this Agreement shall be valid unless
24 made in writing, formally approved and executed by duly authorized agents
25 of both parties.
26 //
27
28 9
• •
1 11. INDEMNIFICATION
2 A. That neither COUNTY nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason of anything
3
done or omitted to be done by CITY under or in connection with any work,
4 authority or jurisdiction delegated to CITY under this Agreement. It is also
5 understood and agreed that, pursuant to Government Code Section 895.4,
6 CITY shall fully defend, indemnify and hold COUNTY harmless from any
liability imposed for injury (as defined by Government Code Section 810.8),
7
including attorneys fees and costs, occurring by reason of anything done or
8
omitted to be done by CITY under or in connection with any work, authority
9 or jurisdiction delegated to CITY under this Agreement.
10 B. That neither CITY nor any officer or employee thereof shall be
11 responsible for any damage or liability occurring by reason of anything done
12 or omitted to be done by COUNTY under or in connection with any work,
authority or jurisdiction delegated to COUNTY under this Agreement. It is
13
also understood and agreed to that, pursuant to Government Code Section
14 895.4, COUNTY shall fully defend, indemnify and hold CITY harmless from
15 any liability imposed for injury (as defined by Government Code Section
16 810.8), including attorneys fees and costs, occurring by reason of anything
17 done or omitted to be done by COUNTY under or in connection with any
work, authority or jurisdiction delegated to COUNTY under this Agreement.
•
18
//
19 12. NOTICES
20 Unless the persons or addresses are otherwise identified by notice
21 given in the manner specified by this paragraph, all notices authorized or
22 required by this Agreement shall be deemed effective when reduced to
writing and deposited in the United States mail, certified, an addressed as
23
follows:
24 //
25 To CITY: City Manager
26 City of Seal Beach
211 Eighth Street
27 Seal Beach, Ca 90740
28 10
i • •
To COUNTY: Health Officer
1 County of Orange
2 515 N. Sycamore
Santa Ana, Ca 92701
3 //
4 //
IN WITNESS WHEREOF, the CITY of Seal Beach by motion duly adopted by
5
its City Council, caused this Agreement to be signed by its Mayor and attested by
6
its Clerk, and the COUNTY OF ORANGE by order of its Board of Supervisors, has
7 caused these presents to be subscribed by the Chairman of said Board and this seal
8 of said Board to be affixed thereto and attested by the Clerk of the Board, all on the
9 day and year first above written.
10 //
//
11
//
12 //
13 //
14 //
15 //
//
16 //
17 //
18 //
19 //
//
20
//
21 //
22 //
23 //
24 //
25 //
//
26
27
28 11
. • •
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
//
2 / ..1 .�/
11 1iir i�
3 DATED: SEP 1 3 1994 By
Chairman, Board of Supervisor
4 II
r //
6
SEP 1 3 1994
6 DATED: SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
7 BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
8 /!
9 L(-
PHY IS A. HENDERSON
10 Cle of the Board of Supervisors
11 of the County of Orange, California
//
12 DATED: clad/Y APPROVED AS TO FORM:
I TERRY C. AND S r• bNTY COUNC
13 // -; d i ��/
//
14
15 //
16 DATED: CITY 0 - Seal Beach
a municipal corporation
17 if
18 if
Mayor
20 //
DATE__i Q�.. 3 7 . ATT s. :
21 II
!!
22 B = f — '_
23 City Clerk
24 //
DATED: I, gr, Q APPROVED AS TO FORM:
26 // /
11 �c2 /1
26 By 0�
City Attorney
27
28 12
• •
AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
THIS AGREEMENT, entered into this 1st day of July 1993, which date is
enumerated for purposes of reference only, is by and between the COUNTY OF
ORANGE, a political subdivision of the State, hereinafter referred to as
"COUNTY," and the CITY OF Seal Beach, a municipal corporation, hereinafter
referred to as "CITY."
WITNESSETH:
WHEREAS, CITY is desirous of contracting with COUNTY for the performance
of the animal control and animal shelter services through COUNTY'S Health
Officer, as described herein; and
WHEREAS, COUNTY is willing and able to render such services on terms and
conditions hereinafter set forth;
NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
1. TERM
A. This Agreement shall begin on July 1, 1993, and end June 30,
1994.
B. The term of this Agreement shall be automatically extended for
a 180 day period through December 31, 1994, if a successor Agreement between
the parties is not in force by July 1, 1994, and no notice of non-renewal has
been given by either CITY or COUNTY in accordance with paragraph 2 of this
Agreement.
-1-
CONTRCT2:contrac2
2. 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,
1993.
3. SERVICES
A. COUNTY agrees, under the direction of Health Officer of COUNTY
to provide animal control services within the corporate limits of CITY.
Services provided by COUNTY shall include the enforcement of State statutes
deemed applicable to CITY by COUNTY. COUNTY will not be obligated to enforce
any ordinances adopted by CITY except those adopted in compliance with
Paragraph 5 of this Agreement. The level of animal control and shelter
services to be provided under this Agreement shall be established as those
customarily provided to residents of unincorporated areas of the COUNTY.
Services shall be provided in the following three categories.
(1) FIELD SERVICES: Field Services shall be provided seven
days a week, 24 hours per day, 365 days a year, with the level of
service reduced between the hours of 11:00 p.m. and 7:00 a.m.
Telephone service request lines answered between 8:00 a.m. and 5:00
p.m. everyday, except holidays; lines monitored and responded to on
a priority basis on holidays and after 5:00 p.m. Activities
include, but are not limited to: patrol of assigned regional areas;
impounding of stray dogs or confined stray cats and of
owner-released animals; pick-up of injured wildlife; cruelty
investigations; return of unclaimed animals (following required
retention period) to one designated location on behalf of CITY;
field release to owner and impound fee collection for licensed dogs
impounded; bite investigations; quarantine activities including
home checks of animals involved in bites; inspections of facilities
which are required to comply with the vicious dog ordinance;
-2-
transportation of all injured impounded animals to emergency
veterinarians; issuance of citations; impounding of dead animals
for disposal; response to service request calls from law
enforcement and city officials to assist in areas regarding
suspected criminal activities or zoning violations; citizen
contacts to give information or advice regarding wildlife or other
animal concerns, not to include wildlife eradication services.
In-house field service activities shall include: assistance to
citizens regarding barking dogs and other nuisance complaints;
advice regarding wildlife management and other issues which may not
require contact in the field by an officer; visits to schools and
community groups to provide education regarding wildlife
management, responsible pet ownership and other animal control
issues.
(2) SPECIAL SERVICES (Pet and Facility Licensing) In keeping
with Public Health laws which require the rabies vaccination and
licensing of all dogs over four months old, COUNTY shall canvass
every residence within the CITY approximately every 20 months to
locate and license unlicensed dogs. Licenses shall be sold at the
residence; enforcement officers will follow-up on problems when
necessary. Nothing in this contract prohibits other methods for
the sale of dog licenses by CITY or COUNTY.
All animal related businesses in the jurisdiction will be
inspected twice each year and in response to any complaints
received to assure that facilities met required standards.
-3-
Appropriate notification shall be given to CITY. In those cities
which allow animal permits for private homes, permits shall be
issued with the approval of CITY following neighborhood
investigations and inspection of the home to assure that the
residence has adequate facilities to maintain the requested number
of animals.
Pet license renewals shall be processed through an automated
renewal system. COUNTY will process renewals and answer telephone
and in-person questions regarding licensing requirements.
Low cost vaccination clinics, coordinated by Animal Control
staff, will be held throughout the year in various locations in the
County in cooperation with the Veterinary Association.
(3) SHELTER SERVICES: Shelter will receive animals from the
public 365 days a year from 7:00 a.m. until 11:00 p.m. Stray
animals will be accepted without charge. owners who release their
animals will be charged a fee. The Shelter will be open to the
public to locate lost pets or for pet adoption Monday through
Saturday (not including holidays) from 10:00 a.m. to 5:00 p.m. , and
until 7:00 p.m. on Wednesday. A low cost vaccination clinic will
be held the first Tuesday of each month at the Shelter.
The Shelter shall retain dogs and cats without owner
identification for three days, plus the day of impound and any
Sundays or holidays. Those with identification shall be retained
seven days, plus the day of impound and any Sundays or holidays.
Animals will be kept on public display to allow owner
identification. When animals are wearing identification, owners
will be contacted by telephone and by mail. If animals are not
-4-
• i
redeemed by their owners and adoption holds have not been placed
some may be made available for adoption for an additional time
period on a space available basis. Those which are neither
redeemed nor adopted will be euthanized and carcasses disposed of.
If CITY wishes to request additional retention days for
healthy, non-agressive animals impounded within CITY such service
may be requested in writing with 60 days advance notice. Such
service will be provided to CITY upon written approval of the
Health Officer. If agreed to, additional animal retention days
will be offered on a space available basis only. CITY shall pay
charges for additional retention days as defined in Paragraph 6, C,
4, and in compliance with Paragraph 6, B.
Veterinary services shall be available seven days a week.
Veterinary staff shall perform required euthanasia by lethal
injection. Necropsies will be performed on animals which die under
suspicious circumstances and at the request of law enforcement.
B. COUNTY shall furnish and supply all necessary labor,
supervision, equipment, and supplies to provide the services described in this
Agreement. In all instances wherein special supplies, stationary, notices,
forms and the like are issued in the name of CITY, the same shall be supplied
by CITY at its own expense.
C. The method by which services are provided, the standard of
performance, any other matters incidental to the performance of such services,
and the control of personnel so employed, shall be determined by COUNTY. In
the event of a dispute between the parties as to the extent of the duties and
functions to be provided hereunder, or the level and manner of performance of
such services, the parties shall meet in good faith to resolve their
-5-
differences. In the event of an impasse, the decision of the Health Officer
of COUNTY shall be final.
D. To facilitate the performance of services hereunder, COUNTY
shall have full cooperation and assistance from CITY, its officers, agents and
employees.
E. If agreeable to both parties, additional services may be
rendered by COUNTY and paid for by CITY.
F. COUNTY agrees to maintain its animal shelter in a humane
manner and keep said premises in a clean condition at all times, and that all
services furnished by it hereunder shall be in accordance with the laws of the
State of California, and that it will give required notices and use humane
methods of care and destruction of any animal coming under its jurisdiction.
4. STATUS OF CONTRACTOR
Although the services herein described are municipal functions, all
persons employed by COUNTY to provide said services shall be COUNTY employees;
no person employed hereunder shall have the right to any CITY pension or civil
service status. When performing services under this Agreement and for the
purpose of giving official status to the performance thereof where necessary,
but not for the purpose of liability or indemnification, every COUNTY officer
or employee shall be deemed to be an officer or agent of CITY.
5. CONFORMITY OF LAWS OR REGULATIONS
A. Notwithstanding anything to the contrary herein contained,
this Agreement shall terminate at any time that CITY fails to enact, and to
maintain in full force and effect an ordinance identical in intent to the
provisions of Article 1 through 10 of Division 1 of Title 4, and Divisions 1,
2, and 3 of Title 5 of the Codified Ordinances of the County of Orange, and
-6-
other regulations presently adopted by the Orange County Board of Supervisors
concerning animal control, including those which relate to fees. This
Agreement shall also terminate if CITY does not enact the same amendments to
its Municipal Code as those adopted by COUNTY's Board of Supervisors regarding
animal control within sixty (60) days after a request to do so by COUNTY
Health Officer.
B. If CITY is considering adopting an ordinance and requesting its
enforcement by COUNTY, the Health Officer may provide assistance to CITY in
defining the manner in which the proposed ordinance enforcement would be
provided by COUNTY. COUNTY will provide such services when a written request
is received 60 days prior to the requested implentation of the service upon
the written approval of the Health Officer. The manner and extent to which
services are provided in response to such a request shall be determined by the
Health Officer and will only be provided if the cost of such services can be
delineated and accomodated under the provisions of Paragraph 6, C.
C. CITY may request that specific ordinances adopted by COUNTY not be
enforced in CITY when written request for exclusion is received 60 days prior
to the requested exclusion upon the written approval of the Health Officer.
Such requests will only be considered provided they are not in conflict with
State statutes or do not endanger the public health. The COUNTY Health
Officer, acting on behalf of COUNTY, may use discretion and need not request
CITY to adopt amendments which do not apply to CITY.
6. PAYMENTS
A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual costs
of providing animal control and animal shelter services.
-7-
•
B. PAYMENT METHOD -
(1) In consideration for the animal control and shelter
services provided by COUNTY during the term of this Agreement, CITY
shall make a FY 1993-94 Provisional Payment to COUNTY in the amount
of $210. This payment for 1993-94 services shall be adjusted by a
1992-93 debit of $20 and further adjusted by a final 1991-92 debit
of $248, resulting in a total adjusted provisional payment of
$477. This payment shall be adjusted as described in Paragraph 6
E. below.
(2) The Provisional Payment shall be paid to COUNTY in four
installments, each equal to twenty five percent (25%) of the total
Provisional Payment. The first installment is due September 30,
1993, the second is due December 30, 1993, the third is due March
30, 1994, and the fourth is due June 30, 1994.
(3) If payment is not received by COUNTY within thirty (30)
days after the due date, COUNTY may cease providing any further
service under this Agreement with CITY and may satisfy the
indebtedness in any manner prescribed by law.
(4) CITY shall not be called upon to assume any liability for
the direct payment of any salaries, wages or other compensation to
any COUNTY personnel performing services hereunder for said COUNTY,
or any liability other than provided for in this Agreement. CITY
shall not be liable for any compensation or indemnity to any COUNTY
employee for injury or sickness arising out of his or her
employment.
(5) In the event this Agreement is extended in accordance
with Paragraph 1 B. above, CITY shall make monthly provisional
payments to COUNTY in an amount equal to one twelfth of the amount
-8-
shown as the adjusted Provisional Payment in 6 B. (1) above. Such
payments shall be due no later than thirty (30) days after the
month in which services were provided.
C. DETERMINATION OF ACTUAL COST OF SERVICES -
(1) COUNTY agrees to collect and maintain expenditure and
workload data to be used to determine the actual cost of the animal
control and shelter services provided to CITY during the term of
this Agreement.
(2) CITY's Actual Cost of Animal Control Field Services shall
be determined by applying CITY's percentage of the total Field
Actions provided by COUNTY to COUNTY's Total Actual Expenditures
(including indirect charges) for providing all Animal Control Field
Services within COUNTY.
(3) CITY's Actual Cost of Animal Control Special Services
shall be determined by applying CITY's percentage of the total
animals licenses sold by COUNTY to COUNTY's Total Actual
Expenditures (including indirect charges) for providing all Animal
Control Special Services within COUNTY.
(4) CITY's Actual Cost of Animal Shelter Services shall be
determined by applying the CITY's percentage of animal charge days,
for animals impounded from within the corporate limits of CITY and
animals received from residents of CITY, to COUNTY's Total Actual
Expenditures (including indirect charges) for providing all Animal
Shelter Services within COUNTY. An animal charge day is defined
here as each day or portion of a day that an animal is housed at
COUNTY's Animal Shelter.
-9-
D. FEE REVENUE -
(1) COUNTY shall have all powers of CITY and shall receive
all cooperation possible from CITY to enable efficient enforcement
of fee collection. COUNTY shall retain all fees and revenue
derived from the enforcement of the CITY Ordinances pertaining to
the animal control services provided by COUNTY.
(2) COUNTY agrees to keep record of and to credit to CITY all
license revenue collected from residents of CITY, and all fee
revenue generated from animals received from CITY residents or
impounded within the corporate limits of CITY. Said revenue credit
shall be used to determine the Net Cost of animal control and
shelter services described in Paragraph 6 E. below.
E. ADJUSTMENTS TO PROVISIONAL PAYMENT -
(1) CITY's combined Actual Costs of Animal Control and Shelter
Services, as described in Paragraphs 6 C. (2) , 6 C. (3) and 6 C.
(4) above, shall be reduced by the total amount of license and
other fee revenue generated from CITY, as described in paragraph 6
D. above, to determine the Net Cost of Service provided under this
Agreement.
(2) If the Net Cost of Service is less than the Provisional
Payment amount indicated in Paragraph 6 B. (1) above, the COUNTY
shall credit difference to CITY. COUNTY agrees to refund the
difference if CITY does not enter into a subsequent agreement with
COUNTY for animal control and shelter services.
(3) If the Net Cost of Service is greater than the
Provisional Payment amount indicated in Paragraph 6 B. (1) above,
then COUNTY shall invoice CITY for the difference if CITY does not
enter into a subsequent agreement. If payment is
-10-
• •
not received by COUNTY within sixty (60) days after the invoice is
submitted, COUNTY may satisfy the indebtedness in any manner
prescribed by law.
(4) COUNTY agrees to complete the calculation of the Net Cost
of Service for animal control and animal shelter services, and
credit or refund any overpayment by CITY, or invoice CITY for the
additional amount owed by CITY, on or before December 31, 1994.
7. FINANCIAL/OPERATIONAL ADVISORY BOARD
The parties agree that there shall be a Financial/Operation
Advisory Board to advise the Director of Animal Control on financial and
operational matters and to assess cost recovery options for future years. The
Financial/Operational Advisory Board shall be made up of seven members, four
members appointed by the Orange County League of Cities and three members
appointed by COUNTY.
8. RECORDS
All records created or received by COUNTY in accordance with this
Agreement shall be COUNTY records. COUNTY agrees to keep such books and
records in such form and manner as the Auditor-Controller of COUNTY shall
specify. Said books shall be open for examination by CITY at all reasonable
times.
9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION
Animals which are being retained in criminal prosecutions, except
for violations of Animal Control regulations and/or ordinances pursuant to the
Agreement, are not to be construed as held pursuant to the services provided
under this Agreement; housing will be done at the discretion of the COUNTY and
at the COUNTY's usual and customary charges for such housing.
-11-
• •
10. ALTERATION OF TERMS
This Agreement fully expresses all understandings 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 shall be valid
unless made in writing, formally approved and executed by duly authorized
agents of both parties.
11. INDEMNIFICATION
A. That neither COUNTY nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything
done or omitted to be done by CITY under or in connection with any work,
authority or jurisdiction delegated to CITY under this Agreement. It is also
understood and agreed that, pursuant to Government Code Section 895.4, CITY
shall fully defend, indemnify and hold COUNTY harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) , including
attorneys fees and costs, occurring by reason of anything done or omitted to
be done by CITY under or in connection with any work, authority or
jurisdiction delegated to CITY under this Agreement.
B. That neither CITY nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done
or omitted to be done by COUNTY under or in connection with any work,
authority or jurisdiction delegated to COUNTY under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section 895.4,
COUNTY shall fully defend, indemnify and hold CITY harmless from any liability
imposed for injury (as defined by Government Code Section 810.8), including
attorneys fees and costs, occurring by reason of anything done or omitted to
be done by COUNTY under or in connection with any work, authority or
jurisdiction delegated to COUNTY under this Agreement.
-12-
• •
12. NOTICES
Unless the persons or addresses are otherwise identified by notice
given in the manner specified by this paragraph, all notices authorized or
required by this Agreement shall be deemed effective when reduced to writing
and deposited in the United States mail, certified, and addressed as follows:
To CITY: City Manager
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
To COUNTY: Health Officer
County of Orange
515 N. Sycamore
Santa Ana, CA 92701
IN WITNESS WHEREOF, the CITY of Seal Beach by motion duly adopted by its
City Council, caused this Agreement to be signed by its Mayor and attested by
its Clerk, and the COUNTY OF ORANGE by order of its Board of Supervisors, has
caused these presents to be subscribed by the Chairman of said Board and this
seal of said Board to be affixed thereto and attested by the Clerk of the
Board, all on the day and year first above written.
-13-
i 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
DATED: JUL g 0193 By
Chairman, Board of Supervisors
DATED: JIH A Tel SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD //
Q
PHIL,/ S HENDERSON
Cle OF of the Board of
Supervisors of the County of
Orange, California
DATED: S 11/'.) APPROVED .S TO FORM:
TERRY . .NDRUS, OU Y COUNSEL
DATED: '(.J/Lmjg �4 /179-5
/ / 3 CITY nz Seal Beach
a mnicippaal
corporation
By Mr / ti , te
-d
ayor
DATED: dame /6, /9 AT ST
y Clerk
DATED:Oft/Vt /e/ /19 APPROVED AS TO FORM:
By U, 8`""-% W
City Attorney
CONTRCT2:contrac2
-14-
. 110
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
DATED: By
Chairman, Board of Supervisors
DATED: SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
PHYLLIS HENDERSON
Clerk of the Board of
Supervisors of the County of
Orange, California
DATED: q//h3 APPROVED AS TO FORM:
TERRY C. NDRUS, COUNTY OUNSEL
DATED: //CITY OF seal Beach
a municipal corporation
By
Mayor
DATED: ATTEST:
By
City Clerk
DATED: APPROVED AS TO FORM:
By
City Attorney
CONTRCT2:contrac2
-14-
•
• •
AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
THIS AGREEMENT, entered into this lst day of July 1992, which date is
enumerated for purposes of reference only, is by and between the COUNTY OF
ORANGE, a political subdivision of the State, hereinafter referred to as
"COUNTY," and the CITY OF Seal Beach, a municipal corporation, hereinafter
referred to as "CITY."
WITNESSETH:
WHEREAS, CITY is desirous of contracting with COUNTY for the performance
of the animal control and animal shelter services through COUNTY'S Health
Officer, as described herein; and
WHEREAS, COUNTY is willing and able to render such services on terms and
conditions hereinafter set forth;
NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
1. TERM
A. This Agreement shall begin on July 1, 1992, and end June 30,
1993.
B. The term of this Agreement shall be automatically extended for
a 180 day period through December 31, 1993, if a successor Agreement between
the parties is not in force by July 1, 1993, and no notice of non-renewal has
been given by either CITY or COUNTY in accordance with paragraph 2 of this
Agreement.
-1-
2. 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,
1992.
3. SERVICES
A. COUNTY agrees, under the direction of Health Officer of COUNTY
to provide animal control services within the corporate limits of CITY.
Services provided by COUNTY shall include the enforcement of State statutes
deemed applicable to CITY by COUNTY. COUNTY will not be obligated to enforce
any ordinances adopted by CITY except those adopted in compliance with
Paragraph 5 of this Agreement. The level of animal control and shelter
services to be provided under this Agreement shall be established as those
customarily provided to residents of unincorporated areas of the COUNTY.
Services shall be provided in the folloiwng three categories.
(1) FIELD SERVICES: Field Services shall be provided seven
days a week, 24 hours per day, 365 days a year, with the level of
service reduced between the hours of 11:00 p.m. and 7:00 a.m.
Telephone service request lines answered between 8:00 a.m. and 5:00
p.m. everyday, except holidays; lines monitored and responded to on
a priority basis on holidays and after 5:00 p.m. Activities
include, but are not limited to: patrol of assigned regional areas;
impounding of stray dogs or confined stray cats and of
owner-released animals; pick-up of injured wildlife; cruelty
investigations; field release to owner and impound fee collection
for licensed dogs impounded; bite investigations; quarantine
activities including home checks of animals involved in bites;
facility inspections for those holding
-2-
• i
dogs falling under "vicious ordinance"; transportation of all
injured impounded animals to emergency veterinarians; issuance of
citations; impounding of dead animals for disposal; response to
service request calls from law enforcement and city officials to
assist in areas regarding suspected criminal activities or zoning
violations; citizen contacts to give information or advice
regarding wildlife or other animal concerns.
In-house field service activities shall include: assistance to
citizens regarding barking dogs and other nuisance complaints;
advice regarding wildlife management and other issues which may not
require contact in the field by an officer; visits to schools and
community groups to provide education regarding wildlife
management, responsible pet ownership and other animal control
issues.
(2) SPECIAL SERVICES (Pet and Facility Licensing) In keeping
with Public Health laws which require the rabies vaccination and
licensing of all dogs over four months old, COUNTY shall canvass
every residence within the CITY approximately every 20 months to
locate and license unlicensed dogs. Licenses shall be sold at the
residence; enforcement officers will follow-up on problems when
necessary. Nothing in this contract prohibits other methods for
the sale of dog licenses by CITY or COUNTY.
All animal related businesses in the jurisdiction will be
inspected twice each year and in response to any complaints
received to assure that facilities met required standards.
Appropriate notification shall be given to CITY. In those cities
which allow animal permits for private homes, permits shall be
issued with the approval of CITY following neighborhood
-3-
investigations and inspection of the home to assure that the
residence has adequate facilities to maintain the requested number
of animals.
Pet license renewals shall be processed through an automated
renewal system. COUNTY will process renewals and answer telephone
and in-person questions regarding licensing requirements.
Low cost vaccination clinics, coordinated by Animal Control
staff, will be held throughout the year in various locations in the
County in cooperation with the Veterinary Association.
(3) SHELTER SERVICES: Shelter will receive animals from the
public 365 days a year from 7:00 a.m. until 11:00 p.m. Stray
animals will be accepted without charge. Owners who release their
animals will be charged a fee. The Shelter will be open to the
public to locate lost pets or for pet adoption Monday through
Saturday (not including holidays) from 10:00 a.m. to 5:00 p.m. , and
until 7:00 p.m. on Wednesday. A low cost vaccination clinic will
be held the first Tuesday of each month at the Shelter.
The Shelter shall retain dogs and cats without owner
identification for three days, plus the day of impound and any
Sundays or holidays. Those with identification shall be retained
seven days, plus the day of impound and any Sundays or holidays.
Animals will be kept on public display to allow owner
identification. When animals are wearing identification, owners
will be contacted by telephone and by mail. If animals are not
redeemed by their owners and adoption holds have not been placed
some may be made available for adoption for an additional time
period on a space available basis. Those which are neither
redeemed nor adopted will be euthanized and carcasses disposed of.
-4-
•
Veterinary services shall be available seven days a week.
Veterinary staff shall perform required euthanasia by lethal
injection. Necropsies will be performed on animals which die under
suspicious circumstances and at the request of law enforcement.
B. COUNTY shall furnish and supply all necessary labor,
supervision, equipment, and supplies to provide the services described in this
Agreement. In all instances wherein special supplies, stationary, notices,
forms and the like are issued in the name of CITY, the same shall be supplied
by CITY at its own expense.
C. The method by which services are provided, the standard of
performance, any other matters incidental to the performance of such services,
and the control of personnel so employed, shall be determined by COUNTY. In
the event of a dispute between the parties as to the extent of the duties and
functions to be provided hereunder, or the level and mannerof performance of
such services, the parties shall meet in good faith to resolve their
differences. In the event of an impasse, the decision of the Health Officer
of COUNTY shall be final.
D. To facilitate the performance of services hereunder, COUNTY
shall have full cooperation and assistance from CITY, its officers, agents and
employees.
E. If agreeable to both parties, additional services may be
rendered by COUNTY and paid for by CITY.
-5-
F. COUNTY agrees to maintain its. animal shelter in a humane
manner and keep said premises in a clean condition at all times, and that all
services furnished by it hereunder shall be in accordance with the laws of the
State of California, and that it will give required notices and use humane
methods of care and destruction of any animal coming under its jurisdiction.
4. STATUS OF CONTRACTOR
Although the services herein described are municipal functions, all
persons employed by COUNTY to provide said services shall be COUNTY employees;
no person employed hereunder shall have the right to any CITY pension or civil
service status. When performing services under this Agreement and for the
purpose of giving official status to the performance thereof where necessary,
but not for the purpose of liability or indemnification, every COUNTY officer
or employee shall be deemed to be an officer or agent of CITY.
5. CONFORMITY OF LAWS OR REGULATIONS
A. Notwithstanding anything to the contrary herein contained,
this Agreement shall terminate at any time that CITY fails to enact, and to
maintain in full force and effect an ordinance identical in intent to the
provisions of Article 1 through 10 of Division 1 of Title 4, and Divisions 1,
2, and 3 of Title 5 of the Codified Ordinances of the County of Orange, and
other regulations presently adopted by the Orange County Board of Supervisors
concerning animal control, including those which relate to fees. This
Agreement shall also terminate if CITY does not enact the same amendments to
its Municipal Code as those adopted by COUNTY's Board of Supervisors regarding
animal control within sixty (60) days after a request to do so by COUNTY
Health Officer. The COUNTY Health Officer, acting on behalf of COUNTY, may
use discretion and need not request CITY to adopt amendments which do not
apply to CITY.
-6-
6. PAYMENTS
A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual costs
of providing animal control and animal shelter services.
B. PAYMENT METHOD -
(1) In consideration for the animal control and shelter
services provided by COUNTY during the term of this Agreement, CITY
shall make a FY 1992-93 Provisional Payment to COUNTY in the amount
of $287. This payment for 1992-93 services shall be adjusted by a
1991-92 debit of $261 and further adjusted by a final 1990-91
credit of $333, resulting in a total adjusted provisional payment
of $215. This payment shall be adjusted as described in Paragraph
6 E. below.
(2) The Provisional Payment shall be paid to COUNTY in four
installments, each equal to twenty five percent (25%) of the total
Provisional Payment. The first installment is due September 30,
1992, the second is due December 30, 1992, the third is due March
30, 1993, and the fourth is due June 30, 1993•
(3) If payment is not received by COUNTY within thirty (30)
days after the due date, COUNTY may cease providing any further
service under this Agreement with CITY and may satisfy the
indebtedness in any manner prescribed by law.
(4) CITY shall not be called upon to assume any liability for
the direct payment of any salaries, wages or other compensation to
any COUNTY personnel performing services hereunder for said COUNTY,
or any liability other than provided for in this Agreement. CITY
shall not be liable for any compensation or indemnity to any COUNTY
employee for injury or sickness arising out of his or her
employment.
-7-
•
(5) In the even this Agreement is extended in accordance with
Paragraph 1 B. above, CITY shall make monthly provisional payments
to COUNTY in an amount equal to on twelfth of the amount shown in 6
B. (1) above. Such payments shall be due no later than thirty (30)
days after the month in which services were provided.
C. DETERMINATION OF ACTUAL COST OF SERVICES -
(1) COUNTY agrees to collect and maintain expenditure and
workload data to be used to determine the actual cost of the animal
control and shelter services provided to CITY during the term of
this Agreement.
(2) CITY's Actual Cost of Animal Control Field Services shall
be determined by applying CITY'S percentage of the total Field
Actions provided by COUNTY to COUNTY's Total Actual Expenditures
(including indirect charges) for providing all Animal Control Field
Services within COUNTY.
(3) CITY's Actual Cost of Animal Control Special Services
shall be determined by applying CITY's percentage of the total
animals licenses sold by COUNTY to COUNTY's Total Actual
Expenditures (including indirect charges) for providing all Animal
Control Special Services within COUNTY.
(4) CITY's Actual Cost of Animal Shelter Services shall be
determined by applying the CITY's percentage of animal charge days,
for animals impounded from within the corporate limits of CITY and
animals received from residents of CITY, to COUNTY's Total Actual
Expenditures (including indirect charges) for providing all Animal
-g_
• S
Shelter Services within COUNTY. An animal charge day is defined
here as each day or portion of a day that an animal is housed at
COUNTY's Animal Shelter.
D. FEE REVENUE -
(1) COUNTY shall have all powers of CITY and shall receive
all cooperation possible from CITY to enable efficient enforcement
of fee collection. COUNTY shall retain all fees and revenue
derived from the enforcement of the CITY Ordinances pertaining to
the animal control services provided by COUNTY.
(2) COUNTY agrees to keep record of and to credit to CITY all
license revenue collected from residents of CITY, and all fee
revenue generated from animals received from CITY residents or
impounded within the corporate limits of CITY. Said revenue credit
shall be used to determine the Net Cost of animal control and
shelter services described in Paragraph 6 E. below.
E. ADJUSTMENTS TO PROVISIONAL PAYMENT -
(1) CITY's combined Actual Costs of Animal Control Field
Services, as described in Paragraphs 6 C. (2) , 6 C. (3) and 6 C.
(4) above, shall be reduced by the total amount of license and
other fee revenue generated from CITY, as described in paragraph 6
D. above, to determine the Net Cost of Service provided under this
Agreement.
(2) If the Net Cost of Service is less than the Provisional
Payment amount indicated in Paragraph 6 B. (1) above, the COUNTY
shall credit difference to CITY. COUNTY agrees to refund the
difference if CITY does not enter into a subsequent agreement with
COUNTY for animal control and shelter services.
-9-
•
(3) If the Net Cost of Service is greater than the
Provisional Payment amount indicated in Paragraph 6 B. (1) above,
then COUNTY shall invoice CITY for the difference. If payment is
not received by COUNTY within sixty (60) days after the invoice is
submitted, COUNTY may satisfy the indebtedness in any manner
prescribed by law.
(4) COUNTY agrees to complete the calculation of the Net Cost
of Service for animal control and animal shelter services, and
credit or refund any overpayment by CITY, or invoice CITY for the
additional amount owed by CITY, on or before December 31, 1993.
7. FINANCIAL/OPERATIONAL ADVISORY BOARD
The parties agree that there shall be a Financial/Operation
Advisory Board to advise the Director of Animal Control on financial and
operational matters and to assess cost recovery options for future years. The
Financial/Operational Advisory Board shall be made up of seven members, four
members appointed by the Orange County League of Cities and three members
appointed by COUNTY.
8. RECORDS
All records created or received by COUNTY in accordance with this
Agreement shall be COUNTY records. COUNTY agrees to keep such books and
records in such form and manner as the Auditor-Controller of COUNTY shall
specify. Said books shall be open for examination by CITY at all reasonable
times.
9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION
Animals which are being retained in criminal prosecutions, except
for violations of Animal Control regulations and/or ordinances pursuant to the
Agreement, are not to be construed as held pursuant to the services provided
under this Agreement; housing will be done at the discretion on the COUNTY and
at the COUNTY's usual and customary charges for such housing.
-10-
10. ALTERATION OF TERMS
This Agreement fully expresses all understandings 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 shall be valid
unless made in writing, formally approved and executed by duly authorized
agents of both parties.
11. INDEMNIFICATION
A. That neither COUNTY nor any officer of employee thereof shall be
responsible for any damage or liability occurring by reason of anything
done or omitted to be done by CITY under or in connection with any work,
authority or jurisdiction delegated to CITY under this Agreement. It is also
understood and agreed that, pursuant to Government Code Section 895.4, CITY
shall fully defend, indemnify and hold COUNTY harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) , including
attorneys fees and costs, occurring by reason of anything done or omitted to
be done by CITY under or in connection with any work; authority or
jurisdiction delegated to CITY under this Agreement.
B. That neither CITY nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done
or omitted to be done by COUNTY under or in connection with any work,
authority or jurisdiction delegated to COUNTY under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section 895.4,
COUNTY shall fully defend, indemnify and hold CITY harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) , including
attorneys fees and costs, occurring by reason of anything done or omitted to
be done by COUNTY under or in connection with any work, authority or
jurisdiction delegated to COUNTY under this Agreement.
-11-
• •
12. NOTICES
Unless the persons or addresses are otherwise identified by notice
given in the manner specified by this paragraph, all notices authorized or
required by this Agreement shall be deemed effective when reduced to writing
and deposited in the United States mail, certified, and addressed as follows:
To CITY: City Manager
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
To COUNTY: Health Officer
County of Orange
515 N. Sycamore
Santa Ana, CA 92701
IN WITNESS WHEREOF, the CITY of Seal Beach by motion duly adopted by its
City Council, caused this Agreement to be signed by its Mayor and attested by
its Clerk, and the COUNTY OF ORANGE by order of its Board of Supervisors, has
caused these presents to be subscribed by the Chairman of said Board and this
seal of said Board to be affixed thereto and attested by the 'Clerk of the
Board, all on the day and year first above written.
-12-
410 410
IN WITNESS WHEREOF, the parties hereto lave executed this Agreement.
IIIP
DATED: OCT 0 5 1992 B
Cha" iruan, Board of Supervisors
DATED: OCT 9 5 1992 SIt y! AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD 00 � ll
17 &ca.3
LIND D. RUTIF PHYLLIS A. HENDERSON
Cler of the Board of
Supervisors of the County of
Orange, California
DATED: (17M -1' APPROVED AS TO FORM:
TERRY . ANDRUS, COUNT COUNSEL
/"
a,. i
DATED CITY OF Seal Beach
a municipal corporation
By
Mayor
DATE I: "14 _ '0V
BY _1)/ A a(
'y Clerk
DAT D• _ i / /1 APPROVED AS TO FORM:
nn BY `__
/7Ss�• Ci Attorne''_
CONTRCT2:contrac2
-13-
• •
AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
THIS AGREEMENT, entered into this 1st day of July 1991, which date is
enumerated for purposes of reference only, is by and between the COUNTY OF
ORANGE, a political subdivision of the State, hereinafter referred to as
"COUNTY," and the CITY OF Seal Beach, a municipal corporation, hereinafter
referred to as "CITY."
WITNESSETH:
WHEREAS, CITY is desirous of contracting with COUNTY for the performance
of the hereinafter described animal control and animal shelter services
through COUNTY'S Health Officer;. and
WHEREAS, COUNTY is willing and able to render such services on terms and
-
conditions hereinafter set forth;
NOW THEREFORE, IT IS MUTUALLY AGREED as follows: -
1. TERM
A. This Agreement shall commence on July 1, 1991 and terminate
June 30, 1992. -
B. The term of this Agreement may be extended for up to one
hundred and twenty (120) days under the terms and conditions specified
herein. Either party may give notice to the other, in writing,_that such
extension is desired; provided; however, notice must be given-no later than
May 31, 1992. This Agreement shall thereby be extended- unless- the request to
extend is rejected, in writing, no later than ten (10) days after it is given.
1
• •
2. TERMINATION
A. Either party may terminate this Agreement upon ninety (90)
days written notice to the other party, or as otherwise provided for in this
Agreement.
B. The CITY shall notify the COUNTY 90 days in advance of
agreement renewal date if it will not be renewing this agreement.
3. SERVICES
A. COUNTY agrees, under the direction of Health Officer of COUNTY
to provide animal control services within the corporate limits of CITY. The
level of animal control and shelter services to be provided under this
Agreement shall be established as those customarily provided to residents of
unincorporated areas of the COUNTY. Services provided by COUNTY shall include
the enforcement of State statutes deemed applicable to CITY by COUNTY. COUNTY
will not be obligated to enforce any ordinances adopted by CITY except those
adopted in compliance with Paragraph 5 of this Agreement.
B. COUNTY shall furnish and supply all necessary labor,
supervision, equipment, and supplies to provide the services described in this
Agreement. In all instances wherein special supplies, stationary, notices,
forms and the like are issued in the name of CITY, the same shall be supplied
by CITY at its own expense.
C. The method by which services are provided, the standard of
performance, any other matters incidental to the performance of such services,
and the control of personnel so employed, shall be determined by COUNTY. In
the event of a dispute between the parties as to the extent of the duties and - -
functions to be provided hereunder, or the level and manner of performance of -
such services, the parties shall meet in good faith to resolve their
2
4
differences. In the event of an impasse, the decision of the Health Officer
of COUNTY shall be final.
D. To facilitate the performance of services hereunder, COUNTY
shall have full cooperation and assistance from CITY, its officers, agents and
employees.
E. If agreeable to both parties, additional services may be
rendered by COUNTY and paid for by CITY.
F. COUNTY agrees to maintain its animal shelter in a humane
manner and keep said premises in a clean condition at all times, and that all
services furnished by it hereunder shall be in accordance with the laws of the
State of California, and that it will give required notices and use humane
methods of care and destruction of any animal coming under its jurisdiction.
4. STATUS OF CONTRACTOR
Although the services herein described are municipal functions, all
persons employed by COUNTY to provide said services shall be COUNTY employees;
no person employed hereunder shall have the right to any CITY pension or civil
service status. When performing services under this Agreement and for the
purpose of giving official status to the performance thereof where necessary,
but not for the purpose of liability or indemnification, every COUNTY officer
or employee shall be deemed to be an officer or agent of CITY.
5. CONFORMITY OF LAWS OR REGULATIONS
- - A. Notwithstanding anything to the contrary herein contained,
this Agreement shall terminate at any time that CITY fails to -enact, and to
- .maintain in full force and effect an ordinance identical-in intent to the
provisions of Article 1 through 10 of Division 1 of Title 4, and Divisions 1,
3
410 411
2, and 3 of Title 5 of the Codified Ordinances of the County of Orange, and
other regulations presently adopted by the Orange County Board of Supervisors
concerning animal control, including those which relate to fees. This
Agreement shall also terminate if CITY does not enact the same amendments to
its Municipal Code as those adopted by COUNTY's Board of Supervisors regarding
animal control within sixty (60) days after a request to do so by COUNTY
Health Officer. The COUNTY Health Officer, acting on behalf of COUNTY, may
use discretion and need not request CITY to adopt amendments which do not
apply to CITY.
6. PAYMENTS
A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual costs
of providing animal control and animal shelter services.
B. PAYMENT METHOD -
(1) In consideration for the animal control and shelter
services provided by COUNTY during the term of this Agreement, CITY
shall make a FY 1991-92 Provisional Payment to COUNTY in the amount
of $10. This payment for 1991-92 services shall be adjusted by a
1990-91 credit of $367 and further adjusted by a final 1989-90
credit of $88, resulting in a total adjusted provisional credit of
$445 . This payment shall be adjusted as described in Paragraph 6
E. below.
4
! !
(2) CITY shall not be called upon to assume any liability for
the direct payment of any salaries, wages or other compensation to
any COUNTY personnel performing services hereunder for said COUNTY,
or any liability other than provided for in this Agreement. CITY
shall not be liable for compensation or indemnity to any COUNTY
employee for injury or sickness arising out of his or her
employment.
(3) In the event this Agreement is extended in accordance
with Paragraph 1 B. above, CITY shall make monthly provisional
payments to COUNTY in an amount equal to one twelfth of the amount
shown in 6 B. (1) above. Such payments shall be due no later than
thirty (30) days after the month in which services were provided.
C. DETERMINATION OF ACTUAL COST OF SERVICES -
(1) COUNTY agrees to collect and maintain expenditure and
workload data to be used to determine the actual cost of the animal
control and shelter services provided to CITY during the term of
this Agreement. -
(2) CITY's Actual Cost of Animal Control Field Services shall
be determined by applying CITY's percentage of the total Field
Actions provided by COUNTY to COUNTY's Total Actual Expenditures
(including indirect charges) for providing all Animal Control Field
Services within COUNTY.
5
(3) CITY's Actual Cost of Animal Control Special Services
shall be determined by applying CITY's percentage of the total
animal licenses sold by COUNTY to COUNTY's Total Actual
Expenditures (including indirect charges) for providing all Animal
Control Special Services within COUNTY.
(4) CITY's Actual Cost of Animal Shelter Services shall be
determined by applying the CITY'S percentage of animal charge days,
for animals impounded from within the corporate limits of CITY and
animals received from residents of CITY, to COUNTY's Total Actual
Expenditures (including indirect charges) for providing all Animal
Shelter Services within COUNTY. An animal charge day is defined
here as each day or portion of a day that an animal is housed at
COUNTY's Animal Shelter.
D. FEE REVENUE —
(1) COUNTY shall have all powers of CITY and shall receive --- -
all cooperation possible from CITY to enable efficient enforcement -
of fee collection. COUNTY shall retain all fees and revenue -
derived from the enforcement of the CITY Ordinances pertaining to
the animal control services provided by COUNTY. -
(2) COUNTY agrees to keep record of and to credit to CITY all - -
license revenue collected from residents of CITY, and all fee -
revenue generated from animals received from CITY residents or
impounded within the corporate limits of CITY. Said revenue credit_ _
shall be used to determine the Net Cost of animal control and - -
shelter services described in Paragraph 6 E. below.
6
E. ADJUSTMENTS TO PROVISIONAL PAYMENT —
(1) CITY'S combined Actual Costs of Animal Control Field
Services, as described in Paragraphs 6 C. (2) , 6 C. (3) and 6 C.
(4) above, shall be reduced by the total amount of license and
other fee revenue generated from CITY, as described in Paragraph 6
D. above, to determine the Net Cost of Service provided under this
Agreement.
(2) If the Net Cost of Service is less than the Provisional
Payment amount indicated in Paragraph 6 B. (1) above, then COUNTY
shall credit difference to CITY. COUNTY agrees to refund the
difference if CITY does not enter into a subsequent Agreement with
COUNTY for animal control and shelter services.
(3) If the Net Cost of Service is greater than the Provisional
Payment amount indicated in Paragraph 6 B. (1) above, then COUNTY shall
invoice CITY for the difference. If payment is not received by COUNTY —
within sixty (60) days after the invoice is submitted, COUNTY may
satisfy the indebtedness in any manner prescribed by law.
(4) COUNTY agrees to complete the calculation of the Net Cost
of Service for animal control and animal shelter services, and
credit or refund any overpayment by CITY, or invoice CITY for the
additional amount owed by CITY, on or before December 31, 1992.
7. FINANCIAL/OPERATIONAL ADVISORY BOARD
The parties agree that there shall be a Financial/Operational
Advisory Board to advise the Director of Animal Control on financial and
7
operational matters and to assess cost recovery options for future years. The
Financial/Operational Advisory Board shall be made up of seven members, four
members appointed by the Orange County League of Cities and three members
appointed by COUNTY.
8. RECORDS
All records created or received by COUNTY in accordance with this
Agreement shall be COUNTY records. COUNTY agrees to keep such books and
records in such form and manner as the Auditor—Controller of COUNTY shall
specify. Said books shall be open for examination by CITY at all reasonable
times.
9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION
Animals which are being retained in criminal prosecutions, except
for violations of Animal Control regulations and/or ordinances pursuant to the
Agreement, are not to be construed as held pursuant to the services provided.
under this Agreement; housing will be done at the discretion of the COUNTY and
at the COUNTY's usual and customary charges for such housing. -
10. ALTERATION OF TERMS
This Agreement fully expresses all understandings 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 shall be valid
unless made in writing, formally approved and executed by duly authorized
agents of both parties.
11. SNDEMNIFICATION
A. That neither COUNTY nor any officer of employee thereof shall
be responsible for any damage or liability occurring by reason of anything
8
110- 4
done or omitted to be done by CITY under or in connection with any work,
authority or jurisdiction delegated to CITY under this Agreement. It is also
understood and agreed that, pursuant to Government Code Section 895.4, CITY
shall fully defend, indemnify and hold COUNTY harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) , including
attorneys fees and costs, occurring by reason of anything done or omitted to
be done by CITY under or in connection with any work, authority or
jurisdiction delegated to CITY under this Agreement.
B. That neither CITY nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done
or omitted to be done by COUNTY under or in connection with any work,
authority or jurisdiction delegated to COUNTY under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section 895.4,
COUNTY shall fully defend, indemnify and hold CITY harmless from any liability
imposed for injury (as defined by Government Code Section 810.8), including
attorneys fees and costs, occurring by reason of anything done or omitted to
be done by COUNTY under or in connection with any work, authority or
jurisdiction delegated to COUNTY under this Agreement.
12. NOTICES
Unless the persons or addresses are otherwise identified by notice
given in the manner -specified by this paragraph, all notices authorized or
required by this Agreement shall be deemed effective when reduced to writing
and deposited in the United States mail, certified, and addressed as follows:
To CITY.: City Manager -
- City of Seal Beach _ -
211 Eighth Street -
Seal Beach CA 90740 -
9
•
B. To COUNTY: Health Officer
County of Orange
515 .N. Sycamore
Santa Ana, CA 92701
IN WITNESS WHEREOF, the CITY of Seal Beach by motion duly adopted by its
City Council, caused this agreement to be signed by its Mayor and attested by
its Clerk, and the COUNTY OF ORANGE by order of its Board of Supervisors, has
caused these presents to be subscribed by the Chairman of said Board and this
seal of said Board to be affixed thereto and attested by the Clerk of the
Board, all on the day and year first above written. .
•
•
•
10
•
I'
• •
IN WITNESS. WHEREOF, the parties hereto have executed this greement.
DATED: AUG 0 5 1991 " ✓'�' C
Chairman, Board of Supe isors
DATED: 'AUG 0 5 19"1 SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
LINDA D. RUTH
Clerk of the Board of
Supervisors of the County of
Orange, California
DATED: MAY 3 o 1991 APPRO 'D AS TO ORM:
TERR ' " AND: f . , •"e ' COUNSEL
se
DATE' �: 4,4 . Q CITY of eal Beach
de a mum . cipal corporation
Bt-2,,;/24,e2 ?
Mayor O -.-
DATED: _it _ /n
/ Al ATT ST'S
ifA
By Ltd J'. ` `�'i
C t Clerk`r - G'
DATED: APPROVED AS TO FORM:
By
City Attorney .
11
• •
AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES
THIS AGREEMENT, entered into this 1st day of July 1990, which date is
enumerated for purposes of reference only, is by and between the COUNTY OF
ORANGE, a political subdivision of the State, hereinafter referred to as
"COUNTY," and the CITY OF Seal Beach, a municipal corporation, hereinafter
referred to as "CITY."
WITNESSETH:
WHEREAS, CITY is desirous of contracting with COUNTY for the performance
of the hereinafter described animal control and animal shelter services
through COUNTY'S Health Officer; and
WHEREAS, COUNTY is willing and able to render such services on terms and
conditions hereinafter set forth;
NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
1. TERM
A. This Agreement shall commence on July 1, 1990 and terminate
June 30, 1991.
B. The term of this Agreement may be extended for up to one
hundred and twenty (120) days under the terms and conditions specified
herein. Either party may give notice to the other, in writing, that such
extension is desired; provided, however, notice must be given no later than
May 31, 1991. This Agreement shall thereby be extended unless the request to
extend is rejected, in writing, no later than ten (10) days after it is given.
1
• •
2. TERMINATION
A. Either party may terminate this Agreement upon ninety (90)
days written notice to the other party, or as otherwise provided for in this
Agreement.
B. The CITY shall notify the COUNTY 90 days in advance of
agreement renewal date if it will not be renewing this agreement.
3. SERVICES
A. COUNTY agrees, under the direction of Health Officer of COUNTY
to provide animal control services within the corporate limits of CITY. The
level of animal control and shelter services to be provided under this
Agreement shall be established as those customarily provided to residents of
unincorporated areas of the COUNTY. Services provided by COUNTY shall include
the enforcement of State statutes deemed applicable to CITY by COUNTY. COUNTY
will not be obligated to enforce any ordinances adopted by CITY except those
adopted in compliance with Paragraph 5 of this Agreement.
B. COUNTY shall furnish and supply all necessary labor,
supervision, equipment, and supplies to provide the services described in this
Agreement. In all instances wherein special supplies, stationary, notices,
forms and the like are issued in the name of CITY, the same shall be supplied
by CITY at its own expense.
C. The method by which services are provided, the standard of
performance, any other matters incidental to the performance of such services,
and the control of personnel so employed, shall be determined by COUNTY. In
the event of a dispute between the parties as to the extent of the duties and
functions to be provided hereunder, or the level and manner of performance of
such services, the parties shall meet in good faith to resolve their
2
differences. In the event of an impasse, the decision of the Health Officer
of COUNTY shall be final.
D. To facilitate the performance of services hereunder, COUNTY
shall have full cooperation and assistance from CITY, its officers, agents and
employees.
E. If agreeable to both parties, additional services may be
rendered by COUNTY and paid for by CITY.
F. COUNTY agrees to maintain its animal shelter in a humane
manner and keep said premises in a clean condition at all times, and that all
services furnished by it hereunder shall be in accordance with the laws of the
State of California, and that it will give required notices and use humane
methods of care and destruction of any animal coming under its jurisdiction.
4. STATUS OF CONTRACTOR
Although the services herein described are municipal functions, all
persons employed by COUNTY to provide said services shall be COUNTY employees;
no person employed hereunder shall have the right to any CITY pension or civil
service status. When performing services under this Agreement and for the
purpose of giving official status to the performance thereof where necessary,
but not for the purpose of liability or indemnification, every COUNTY officer
or employee shall be deemed to be an officer or agent of CITY.
5. CONFORMITY OF LAWS OR REGULATIONS
A. Notwithstanding anything to the contrary herein contained,
this Agreement shall terminate at any time that CITY fails to enact, and to
maintain in full force and effect an ordinance identical in intent to the
provisions of Article 1 through 10 of Division 1 of Title 4, and Divisions 1,
3
• S
2, and 3 of Title 5 of the Codified Ordinances of the County of Orange, and
other regulations presently adopted by the Orange County Board of Supervisors
concerning animal control, including those which relate to fees. This
Agreement shall also terminate if CITY does not enact the same amendments to
its Municipal Code as those adopted by COUNTY'S Board of Supervisors regarding
animal control within sixty (60) days after a request to do so by COUNTY
Health Officer. The COUNTY Health Officer, acting on behalf of COUNTY, may
use discretion and need not request CITY to adopt amendments which do not
apply to CITY.
6. PAYMENTS
A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the actual costs
of providing animal control and animal shelter services.
B. PAYMENT METHOD -
(1) In consideration for the animal control and shelter
services provided by COUNTY during the term of this Agreement, CITY
shall make a FY 1990-91 Provisional Payment to COUNTY in the amount
of $739 adjusted by a FY 1989-90 debit of $295 resulting in a total
adjusted Provisional Payment of $1,034. This payment shall be
adjusted as described in Paragraph 6 E. below.
(2) The Provisional Payment shall be paid to COUNTY in four
installments, each equal to twenty-five percent (25%) of the total
Provisional Payment. The first installment is due September 30 ,
1990, the second is due December 30, 1990, the third is due March
30 , 1991, and the fourth is due June 30, 1991.
4
ACCONTRC.FORMS
• •
(3) If payment is not received by COUNTY within thirty (30)
days after the due date, COUNTY may cease providing any further
service under this Agreement with CITY and may satisfy the
indebtedness in any manner prescribed by law.
(4) CITY shall not be called upon to assume any liability for
the direct payment of any salaries, wages or other compensation to
any COUNTY personnel performing services hereunder for said COUNTY,
or any liability other than provided for in this Agreement. CITY
shall not be liable for compensation or indemnity to any COUNTY
employee for injury or sickness arising out of his or her
employment.
(5) In the event this Agreement is extended in accordance
with Paragraph 1 B. above, CITY shall make monthly provisional
payments to COUNTY in an amount equal to one twelfth of the amount
shown in 6 B. (1) above. Such payments shall be due no later than
thirty (30) days after the month in which services were provided.
C. DETERMINATION OF ACTUAL COST OF SERVICES -
(1) COUNTY agrees to collect and maintain expenditure and
workload data to be used to determine the actual cost of the animal
control and shelter services provided to CITY during the term of
this Agreement.
(2) CITY's Actual Cost of Animal Control Field Services shall
be determined by applying CITY's percentage of the total Field
Actions provided by COUNTY to COUNTY's Total Actual Expenditures
(including indirect charges) for providing all Animal Control Field
Services within COUNTY.
5
i
(3) CITY's Actual Cost of Animal Control Special Services
shall be determined by applying CITY's percentage of the total
animal licenses sold by COUNTY to COUNTY'S Total Actual
Expenditures (including indirect charges) for providing all Animal
Control Special Services within COUNTY.
(4) CITY's Actual Cost of Animal Shelter Services shall be
determined by applying the CITY's percentage of animal charge days,
for animals impounded from within the corporate limits of CITY and
animals received from residents of CITY, to COUNTY'S Total Actual
Expenditures (including indirect charges) for providing all Animal
Shelter Services within COUNTY. An animal charge day is defined
here as each day or portion of a day that an animal is housed at
COUNTY's Animal Shelter.
D. FEE REVENUE —
(1) COUNTY shall have all powers of CITY and shall receive
all cooperation possible from CITY to enable efficient enforcement
of fee collection. COUNTY shall retain all fees and revenue
derived from the enforcement of the CITY Ordinances pertaining to
the animal control services provided by COUNTY.
(2) COUNTY agrees to keep record of and to credit to CITY all
license revenue collected from residents of CITY, and all fee
revenue generated from animals received from CITY residents or
impounded within the corporate limits of CITY. Said revenue credit
shall be used to determine the Net Cost of animal control and
shelter services described in Paragraph 6 E. below.
6
•
E. ADJUSTMENTS TO PROVISIONAL PAYMENT -
(1) CITY'S combined Actual Costs of Animal Control Field
Services, as described in Paragraphs 6 C. (2) , 6 C. (3) and 6 C.
(4) above, shall be reduced by the total amount of license and
other fee revenue generated from CITY, as described in Paragraph 6
D. above, to determine the Net Cost of Service provided under this
Agreement.
(2) If the Net Cost of Service is less than the Provisional
Payment amount indicated in Paragraph 6 B. (1) above, then COUNTY
shall credit difference to CITY. COUNTY agrees to refund the
difference if CITY does not enter into a subsequent Agreement with
COUNTY for animal control and shelter services.
(3) If the Net Cost of Service is greater than the
Provisional Payment amount indicated in Paragraph 6 B. (1) above,
then COUNTY shall invoice CITY for the difference. If payment is
not received by COUNTY within sixty (60) days after the invoice is
submitted, COUNTY may satisfy the indebtedness in any manner
prescribed by law.
(4) COUNTY agrees to complete the calculation of the Net Cost
of Service for animal control and animal shelter services, and
credit or refund any overpayment by CITY, or invoice CITY for the
additional amount owed by CITY, on or before June 30, 1992.
7. FINANCIAL/OPERATIONAL ADVISORY BOARD
The parties agree that there shall be a Financial/Operational
Advisory Board to advise the Director of Animal Control on financial and
7
1
operational matters and to assess cost recovery options for future years. The
Financial/Operational Advisory Board shall be made up of seven members, four
members appointed by the Orange County League of Cities and three members
appointed by COUNTY.
8. RECORDS
All records created or received by COUNTY in accordance with this
Agreement shall be COUNTY records. COUNTY agrees to keep such books and
records in such form and manner as the Auditor-Controller of COUNTY shall
specify. Said books shall be open for examination by CITY at all reasonable
times.
9. ANIMALS RETAINED FOR CRIMINAL PROSECUTION
Animals which are being retained in criminal prosecutions, except
for violations of Animal Control regulations and/or ordinances pursuant to the
Agreement, are not to be construed as held pursuant to the services provided
under this Agreement; housing will be done at the discretion of the COUNTY and
at the COUNTY's usual and customary charges for such housing.
10. ALTERATION OF TERMS
This Agreement fully expresses all understandings 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 shall be valid
unless made in writing, formally approved and executed by duly authorized
agents of both parties.
11. INDEMNIFICATION
A. That neither COUNTY nor any officer of employee thereof shall
be responsible for any damage or liability occurring by reason of anything
8
• •
done or omitted to be done by CITY under or in connection with any work,
authority or jurisdiction delegated to CITY under this Agreement. It is also
understood and agreed that, pursuant to Government Code Section 895.4, CITY
shall fully defend, indemnify and hold COUNTY harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) , including
attorneys fees and costs, occurring by reason of anything done or omitted to
be done by CITY under or in connection with any work, authority or
jurisdiction delegated to CITY under this Agreement.
B. That neither CITY nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done
or omitted to be done by COUNTY under or in connection with any work,
authority or jurisdiction delegated to COUNTY under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section 895.4,
COUNTY shall fully defend, indemnify and hold CITY harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) , including
attorneys fees and costs, occurring by reason of anything done or omitted to
be done by COUNTY under or in connection with any work, authority or
jurisdiction delegated to COUNTY under this Agreement.
12. NOTICES
Unless the persons or addresses are otherwise identified by notice
given in the manner specified by this paragraph, all notices authorized or
required by this Agreement shall be deemed effective when reduced to writing
and deposited in the United States mail, certified, and addressed as follows:
A. To CITY: City Manager
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
9
•
B. To COUNTY: Health Officer
County of Orange
515 N. Sycamore
Santa Ana, CA 92701
IN WITNESS WHEREOF, the CITY of Seal Beach by motion duly adopted by its
City Council, caused this Agreement to be signed by its Mayor and attested by
its .Clerk, and the COUNTY OF ORANGE by order of its Board of Supervisors, has
caused these presents to be subscribed by the Chairman of said Board and this
seal of said Board to be affixed thereto and attested by the Clerk of the
Board, all on the day and year first above written.
10
4 •
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
DATED: ,'14o By®,"4'
Chairman, Board of
Supervisors
DATED: 44' SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
LINDA D. RUTH �
Clerk of the Board of
Supervisors of the County of
Orange, California
DATED: /glen, /I go APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
DATED: e/M/24, CITY of Seal Beach
a municipal corporation
By
DATED: A/47912 ATTEST: "-
BY .Ylis. - /t/ i/.�
Or --
DATED: APPROVED AS TO FORM:
By
City Attorney
11
ACCONTRC.FORMS
, • •
AGREEMENT FOR ANIMAL SHELTER SERVICES
THIS AGREEMENT, entered into this 1st day of July
1989, which date is enumerated for purposes of reference only, is by
and between the COUNTY OF ORANGE, a political subdivision of the
State, hereinafter referred to as "COUNTY", and the CITY
OF SEAL BEACH , a municipal corporation, hereinafter
referred to as "CITY".
WITNESSETH:
WHEREAS, CITY is desirous of contracting with COUNTY
for the performance of the hereinafter described animal shelter
services through COUNTY's Health Officer; and
WHEREAS, COUNTY is willing and able to render such
services on terms and conditions hereinafter set forth;
NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
1 . Fad
A. This Agreement shall commence on July 1 , 1989 and
terminate June 30, 1990.
B. The term of this Agreement may be extended for up
to one hundred and twenty (120) days under the terms and conditions
specified herein. Either party may give notice to the other, in
writing, that such extension is desired; provided, however, notice
must be given no later than May 31 , 1990. This Agreement shall
1
AS5a
• S
thereby be extended unless the request to extend is rejected, in
writing, no later than ten (10) days after it is given.
2. TERMINATION
Either party may terminate this Agreement upon ninety
(90) days written notice to the other party, or as otherwise provided
for in this Agreement.
3. SERVICES
A. COUNTY agrees, under the direction of Health
Officer of COUNTY to provide to CITY shelter for animals impounded
by CITY. COUNTY shall receive at COUNTY's Animal Shelter such
animals as may be impounded by CITY within its corporate limits and
shall feed, care and dispose of said animals in accordance with
Division 1 of Title 4 of the Codified Ordinances of the County of
Orange. CITY shall notify the owner of any impounded animal if
known.
B. COUNTY shall furnish and supply all necessary labor,
supervision, equipment, and supplies to provide the services
described in this Agreement. In all instances wherein special
supplies, stationary, notices, forms and the like are issued in the
name of CITY, the same shall be supplied by said CITY at its own
expense.
C. The method by which services are provided, the
standard of performance, any other matters incidental to the
performance of such services, and the control of personnel so
employed, shall be determined by COUNTY. In the event of a dispute
between the parties as to the extent of the duties and functions to be
2
AS5a
• •
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 the Health
Officer of COUNTY shall be final.
D. To facilitate the performance of services
hereunder, COUNTY shall have full cooperation and assistance from
CITY, its officers, agents and employees.
E 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 the prescribed notices and use humane methods of care and
destruction of any animal coming under its jurisdiction.
4. CONFORMITY OF LAWS OR REGULATIONS
A. CITY shall adopt and continue in effect during the
term of this Agreement an ordinance relating to the redemption and
disposal of impounded animals which shall be identical to the
COUNTY ordinance, including any amendments thereto. In addition,
CITY shall adopt a fee schedule relating to the redemption and
disposal of impounded animals which shall be identical with the
COUNTY fee schedule, including any amendments thereto. COUNTY
shall notify CITY of any amendments to the above ordinance and fee
schedule, and CITY shall adopt the same within thirty (30) days of
such notice.
B. CITY shall comply with administrative procedures
adopted by the COUNTY Health Officer designed to document the
3
AS5a
• S
receipt of an animal by the COUNTY, including the execution of
receipts and animal history records.
5. PAYMENTS
A. BASIS FOR PAYMENT - CITY shall pay COUNTY for the
actual costs of providing animal shelter services.
B. PAYMENT METHOD -
(1 ) In consideration for the animal shelter
services provided by COUNTY during the term of this
Agreement, CITY shall make a Provisional Payment to
COUNTY in the amount of $ 291 . This payment
shall be adjusted as described in Paragraph 5 E. below.
(2) The Provisional Payment shall be paid to
COUNTY in four installments, each equal to twenty-five
percent (25%) of the total Provisional Payment. The first
installment is due September 30, 1989, the second is due
December 31 , 1989, the third is due March 31 , 1989, and
the fourth is due June 30,1989.
(3) If payment is not received by COUNTY within
thirty (30) days after the due date, COUNTY may cease
providing any further service under this Agreement with
CITY and may satisfy the indebtedness in any manner
prescribed by law.
(4) CITY shall not be called upon to assume any
liability for the direct payment of any salaries, wages or
other compensation to any COUNTY personnel performing
services hereunder for said COUNTY, or any liability other
4
AS5a
•
than provided for in this Agreement. CITY shall not be
liable for compensation or indemnity to any COUNTY
employee for injury or sickness arising out of his or her
employment.
(5) In the event this Agreement is extended in
accordance with Paragraph 1 B. above, CITY shall make
monthly provisional payments to COUNTY in an amount
equal to one twelfth of the amount shown in 5 B. (1)
above. Such payments shall be due no later than thirty
(30) days after the month in which services were
provided.
C. DETERMINATION OF ACTUAL COST OF SERVICES -
(1 ) COUNTY agrees to collect and maintain
expenditure and workload data to be used to determine
the actual cost of the animal shelter services provided to
CITY during the term of this Agreement.
(2) CITY's Actual Cost of Animal Shelter Services
shall be determined by applying the CITY's percentage of
animal charge days, for animals impounded from within
the corporate limits of CITY and animals received from
residents of CITY, to COUNTY's Total Actual Expenditures
(including indirect charges) for providing all Animal
Shelter Services within COUNTY. An animal charge day is
defined here as each day or portion of a day that an
animal is housed at COUNTY's Animal Shelter.
5
AS5a
• •
D. FEE REVENUE-
(1 ) CITY agrees that COUNTY may keep and retain
any fees collected from the animals received at COUNTY's
Animal Shelter from CITY or from residents of CITY.
. (2) COUNTY agrees to keep records of and to
credit to CITY all fee revenue generated from animals
received from CITY or from residents of CITY. Said
revenue credit shall be used to determine the Net Cost of
Animal Shelter Services described in Paragraph 5 E.
below.
E ADJUSTMENTS TO PROVISIONAL PAYMENT -
(1 ) CITY'S Actual Cost of Animal Shelter
Services, as described in Paragraphs 5 C.(2) above, shall
be reduced by the total amount of fee revenue generated
from CITY, as described in Paragraph 5 D. above, to
determine the Net Cost of Animal Shelter Services.
(2) If the Net Cost of Animal Shelter Services is
less than the Provisional Payment amount indicated in
Paragraph 5 B. (1). above, then COUNTY shall credit the
difference to CITY. COUNTY agrees to refund the
if CITY does not enter into a subsequent Agreement with
COUNTY for animal shelter services.
(3) If the Net Cost of Animal Shelter Services is
greater than the Provisional Payment amount indicated in
Paragraph 5 B.(1) above, then COUNTY shall invoice City
for the difference. If payment is not received by COUNTY
6
AS5a
within sixty (60) days after the invoice is submitted,
COUNTY may satisfy the indebtedness in any manner
prescribed by law.
(4) COUNTY agrees to complete the calculation of
the Net Cost of Animal Shelter Services, and credit or
refund any overpayment by CITY, or invoice CITY for the
additional amount owed by CITY, on or before June 30,
1991 .
6. MUNICIPAL SERVICES ADVISORY BOARD
The parties agree that there shall be a Municipal Services
Advisory Board to advise the Director of Animal Control on financial
and operational matters and to assess cost recovery options for
future years. The Municipal Services Advisory Board shall be made
up of seven members, four appointed by the Orange County League of
Cities and three appointed by COUNTY.
7. RECOR S
All records created or received by COUNTY in accordance
with this Agreement shall be COUNTY records. County agrees to keep
such books and records in such form and manner as the Auditor-
Controller of COUNTY shall specify. Said books shall be open for
examination by CITY at all reasonable times.
8. ANIMALS RETAINED FOR CRIMINAL PROSECUTION
Animals which are being retained in criminal
prosecutions, except for violations of Animal Control regulations
and/or ordinances pursuant to this Agreement, are not to be
construed as held pursuant to the services provided under this
7
AS5a
Agreement; housing will be done at the discretion of the COUNTY and
at the COUNTY's usual and customary charges for such housing.
9. ALTERATION OF TERMS
This Agreement fully expresses all understandings of
CITY and COUNTY 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 shall be valid unless made in writing,
formally approved and executed by duly authorized agents of both
parties.
10. INDEMNIFICATION
A. That neither COUNTY nor any officer or employee
thereof shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY
under this Agreement. It is also understood and agreed that,
pursuant to Government Code Section 895.4, CITY shall fully defend,
indemnify and hold COUNTY harmless from any liability imposed for
injury (as defined by Government Code Section 810.8), including
attorneys fees and costs, occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work,
authority or jurisdiction delegated to CITY under this Agreement.
B. That neither CITY nor any officer or employee
thereof shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by COUNTY under or in
connection with any work, authority or jurisdiction delegated to
8
AS5a
• •
COUNTY under this Agreement. It is also understood and agreed that,
pursuant to Government Code Section 895.4, COUNTY shall fully
defend, indemnify and hold CITY harmless from any liability imposed
for injury (as defined by Government Code Section 810.8), including
attorneys fees and costs, occurring by reason of anything done or
omitted to be done by COUNTY under or in connection with any work,
authority or jurisdiction delegated to COUNTY under this Agreement.
11 . NOTICES
Unless the persons or addresses are otherwise identified
by notice given in the manner specified by this paragraph, all notices
authorized or required by this Agreement shall be deemed effective
when reduced to writing and deposited in the Unites States mail,
certified, and addressed as follows:
A. To CITY: City Manager
CITY OF SEAL BEACH
211 Eighth St.
Seal Beach, CA 90740
B. To COUNTY: Health Officer
County of Orange
515 N. Sycamore
Santa Ana, CA 92701
IN WITNESS WHEREOF, the CITY of SEAL BEACH
by motion duly adopted by its City Council, caused this Agreement to
be signed by its Mayor and attested by its Clerk, and the COUNTY OF
ORANGE by order of its Board of Supervisors, has caused these
9
AS5a
presents to be subscribed by the Chairman of said Board and this seal
of said Board to affixed thereto and attested by the Clerk of said
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
10
AS5a
• •
Board, all on the day and year first above written.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement.
1.€ii242,- \•
DATED: JUN 2 6 1939 By }L�.E
Chairman, Board of
Supervisors
DATED: JUN 2 6 1989 SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD
LINDA D. RUTH
Clerk of the Board of
Supervisors of the County of
Orange, California
DATED: Art 2i /f if APPROVED AS TO FORM:
ADRIAN KUYP R, COU C NSEL
By Kir
DATED: June 20 . 1989 CITY OF SEAL BEACH
a municipal corporation
By %�— "Zvi_
Robert Nelson City Manager
DATED: June 20, 1989 ATTEST: i � f !,
By *..„,4A4-«% ; 7/7
7
; City Clerk
1 1
AS5a
0 •
_
. .
A G R E E M E N T
THIS AGREEMENT, made by and between the COUNTY OF. ORANGE, a body politic
and corporate, and the CITY OF SEAL BEACH, a municipal corporation,
WITNESSETH: '
IT IS MUTUALLY AGREED by and between the parties hereto that the Agreement '
entered into between the parties hereto on October 19, 1976, for Animal Shelter .
services, is hereby extended for a term commencing July 1, 1981, and continuing
until terminated or sooner modified by either party as provided for in this :
Agreement, upon the same terms and conditions; except if not otherwise provided, - -
- (1) either party may cancel on at least three (3) months written notice, (2)
all records created or received by COUNTY shall be COUNTY records, and (3) all
billings shall be one (1) month in arrears, and (4) animals which are being -
retained in criminal prosecutions are not intended to he within services con-.
templated by this Agreement. Housing will be done at the discretion of the
Animal- Shelter and at the Animal Shelter's usual and customary charges for
such hous-G o.
DATER:S�( , __, 1981 CITY OF SEAL BEACH ,
a municipal corporation
F . .. . By �:; //
✓Ci rk. _ _ _ C T drN GER -
DATED: .D-7-) , 1981 . COUNTY OF ORANGE,
a body politic and corporate F
O
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT ',, f -
HAS BEEN DELIVERED TO THE ✓n
✓ -
. CHAIRMAN OF THE BOARD. . By
Chairman of its Board of Supervisors
nn ./ ' . Jn/ ^ I \\)
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California .
APPROVED AS TO FORM: -
ADRIAN KUYPER .-
County Counsel • .
: VC0tYCantp��y '
. Deputy ' .
DAT D: -$V4/ , 1981
A G R E E M E N T 111 410.
THIS AGREEMENT, made by and between the COUNTY OF ORANGE, a body
politic and corporate, and the CITY OF SEAL BEACH, a municipal corpora-
tion.
WITNESSETH:
IT IS MUTUALLY AGREED by and between the parties hereto that the
Agreement entered into between the parties hereto on Ottober 19, 1976,
for animal shelter services, is hereby extended for a term commencing
July 1, 1980, and terminating June 30, 1981, upon the same terms and
conditions; except if not otherwise provided,. (1) either party may
cancel on at least three (3) months written notice, and (2) -all records
created or received by County shall be County records.
DATED: / . 077 , 1980 CITY OF SEAL BT,ACH,
a municipal corporation
ATTEST:
L
B
2x-Clerk - .yor
DATED: 6- a-4 , 1980 COUNTY OF ORANGE,
a body politic. and corporate-
SIGNED ATH_SEDOIEN THAT A / 4
COPY OF THIS DOCUMENT HAS „(„( /
BEEN.DELIVERED TO THE
CHAIRMAN OF THE BOARD. By _
Chairman of its Board of Supervisors
VGLIUL)
JUNE ALEXANDER
Clerk of the Board of- Supervisors
of Orange County, ;California
APPROVED AS TO FORM:
ADRIAN KUYPER
County Counsel
Orange County, California
BY )
Deputy.
-
DATED: C///47 , 1980
A G R E E M E N T III
THIS AGREEMENT, made by and between the COUNTY OF ORANGE, a body
politic and corporate, and the CITY OF SEAL BEACH, a municipal corpora-
tion,
WITNESSETH:
IT IS MUTUALLY AGREED by and between the parties hereto that the
Agreement entered into between the parties hereto on October 19, 1976,
for animal shelter services, is hereby extended for a term commencing
July 1, 1979, and terminating June 30, 1980, upon the same terms and
conditions; except if not otherwise provided, (1) either party may
cancel on at least three (3) months written notice, and (2) all records
created or received by County shall be County records.
DATED: //42C , 1979 CITY OF SEAL BEACH,
a municipal corporation
ATTEST:
,//
C Clerk �� ti Mayor
DATED: Z- / , 1979 COUNTY OF ORANGE,
a body politic and corporate
ATTEST:
JUNE ALEXANDER
Clerk of the Board of Supervisors By
Orange County, California Chairman its Board of S ervisors
By e " / , / ,�
APPROVED AS TO FORM:
ADRIAN KUYPER
County Counsel
Orange County, California
By 11 I %/
DATED: /A , 1979
;. • ® Attachment #1
AGREEMENT . •
THIS AGREEMENT, made by and between the COUNTY OF ORANGE, a body
politic and corporate, and the CITY OF SEAL BEACH, a municipal corporation,
WITNESSETH:
IT IS MUTUALLY AGREED by and between the parties hereto that the
Agreement entered into between the parties hereto on October 19, 1976,
for Animal Shelter services, is hereby extended for a term commencing
0
July 1, 1978, and terminating June 30, 1979, upon the same terms and
conditions; except if not otherwise provided, (1) either party may cancel •
on at least three (3) months written notice, and (2) all records• created
or received by County shall be County records.
DATED: (,/4.Q& C4267 , 1978 • CITY OF SEAL BEACH,
a municipal corporation
•
ATTEST": •
•
Ci6i Clerk \ ; Mayor Y X
DATED:- 44/�'y, /y 2-.21 , 1978 COUNTY OF ORANGE, a body
politic. an./corporate
T EST:
J E ALEXANDER
Clerk of the Board of Supervisors /✓/J
Orange County, California Ch i 'an of its Board o upefv _sors
BY
• Deputy Clerk
APPROVED AS TO FORM 1
Adrian Kuyper, County Counsel
Orange County, California
BY /- W cch„,_____
Dep
DATED: fo/ , 1978
•
ANINAL SHELTER SERVICES AGREEMENT
THIS AGREEMENT entered into this /9711 day of Q C /jf 3 R
1°,(p , between the COUNTY OF ORANGE, hereafter "COUNTY, '; and the CITY OF
SEAL BEACH , hereafter. "CITY " - -
WITNESSETH:
THAT WHEREAS, CITY is desirous of contracting with COUNTY for the
performance of the hereinafter described services within its boundaries
by COUNTY through COUNTY'S Health Officer; and
WHEREAS, COUNTY is agreeable to rendering such services on the terms •
and conditions hereinafter set forth;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. COUNTY agrees, through COUNTY'S Health Officer, to provide Animal
Shelter Services to CITY. - - - -
2. COUNTY shall receive at COUNTY'S Animal Shelter such animals as
may be impounded by CITY within CITY'S corporate limits and shall feed and
dispose of said animals in accordance with Division 1, Title 4, of the
Codified Ordinances of COUNTY.
3. CITY shall adopt and continue in effect during the term of this
agreement an ordinance relating to the redemption and disposal of impounded
animals which shall be similar to COUNTY'S ordinance, including any amend-
ments thereto. In addition, CITY shall adopt a fee schedule relating to
the redemption and disposal of impounded animals which shall be similar
with COUNTY'S fee schedule, including any amendments -thereto. COUNTY shall
notify CITY of any amendments to the above ordinance and fee schedule of
COUNTY, and CITY shall adopt the same within thirty (30) days of such
notice. .
4. CITY shall comply with administrative procedures adopted by
COUNTY Health Officer designed to document the receipt of an animal by
COUNTY'S Shelter, including the execution of appropriate receipts end
aniaal history records.
3, CITY agrees to reimburse COUNTY for its usual and ordinary cost
for b0ard, imaouad fees, and vo,terinary medical services for
l4}:ounded . :4 thin CITY when such fee', arc not Otherwise reimbursed tO
by third persons.
AGENDA • - - L
• lhf •
6. COUNTY shall invoice CITY monthly on the last day of each. month
as charges accrue, and CITY will render payment within thirty (30) days
after its receipt of each said invoice. .
�//
7. The terms of this agreement shall commence on `l/LG,(,C/ /
i9 /L�.
and shall terminate 8 g$42 , 1927 Either party may
cancel on at least three (3) months written notice.
8. In event CITY desires to renew this agreement for any succeeding -
,
one-year Period, the City Council, a minimum of one hundred and twenty (120)
days before the expiration date of this agreement, shall notify COUNTY'S
Board of Supervisors that it wishes to renew the same, whereupon said Board
of Supervisors, sixty (60) days after said notification, shall notify said
City Council in writing of its willingness to accept such renewal for .an
additional one-year period or such other term as it deems advisable, other-
wise such agreement shall terminate at the end of such one-year period_
9. CITY shall indemnify and hold harmless COUNTY, its officers, agents,
and employees from any liability, claims, demands, damages, or actions
arising out of the acts or omissions of CITY, its officers, agents, or -
employees in the performance of this agreement, including the impounding
or seizing any animal or transporting any such animal to the COUNTY'S
Shelter.
10. COUNTY shall indemnify and hold harmless CITY, its officers, agents,
and employees from any liability, claims, demands, damages, or actions
arising out of the acts or omissions of COUNTY, , its officers, agents, or
employees in the performance of this agreement, including the impounding
or seizing any animal or transporting any such animal to the COUNTY'S
Shelter.
11. IN WITNESS WHEREOF, the parties hereto have entered into this
agreement.
ATTEST:
CO=Y OF OP.StNGE
O/ _ / =
/ JUNE ALE 'NDER `
Clerk of the Board of /� Q
j - :,mot Supervisors of Orange County, 1 G' `ia -
` Ca tfprn, a Chairm.,In its Board ,,; Supervisors
, , , , ,
?\ I ,i: i \ _ ,`4_Z / _-__._ CITY : r' SEAL BEACH