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HomeMy WebLinkAboutAGMT - Orange County (Animal Control Svcs & Shelter Svcs) �LL.L6f co-cc/In-et 1 AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES 2 // 3 // 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." 8 // 9 // 10 WITNESSETH: 11 // • 12 // 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: 19 // 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. 28 // 29 // 30 // 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, 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. 12 // 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 2 • • 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 31 // 3 • • 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. 28 // 29 // 30 // 4 • • 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. 9 // 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) 31 // 5 • • 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. 6 // 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 32 // 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 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. 31 // 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 7 • • 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. 25 // 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 30 // 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 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. 16 // 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. 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 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 32 // 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 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. 14 // 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: 20 // 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 30 // 31 // 32 // 33 // 10 !I 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. 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 /l d Ja;t1114v 5 DATED: //--L5 ` 98' By 6 Chairman, Board of Su ervisors 7 // 8 // 9 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 ` ± 14 // 15 // 41I Ma 1 sied 17 DARLENE J. BLOOME 18 Clerk of the Board of Supervisors 19 of Orange County, California 20 // 21 DATED: /D/2.o/9s' APPROVED AS TO FORM: 22 COUNTY COUNSEL 23 // 24 /l ga4(.4t L/ • iG''`.,4 25 26 // 27 DATED: CITY OF Seal Beach 28 a municipal corporation 29 // 30 // 31 By AtAicidAd. 32 Mayor ProTem 34 // AZ ...14.//e0 /Kr A l: 34 DATED: 35 // 36 // 37 By sue.,. « t■s 38 Airy Clerk 39 // 40 // 41 DATED: APPROVED AS TO FORM: 42 // 43 // 44 By 45 City Attorney 12 �I r� o qpi7 • a. G t Hsu LZ�i .2c+v ca1M 1 AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES 2 // 3 // 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." 9 // 10 // 11 WITNESSETH: 12 // 13 // ti 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 , 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. 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 , 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. 12 // 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 ,J . • • 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 32 // 3 • • 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. 29 // 30 // 31 // 4 • • 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. 9 // 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 5 • • 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. 6 // 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