Laserfiche WebLink
1 <br /> <br />2 <br /> <br />3 <br /> <br />4 <br /> <br />5 <br /> <br /> 6 <br /> <br /> 7 <br /> <br /> 8 <br /> <br /> 9 <br /> <br />10 <br /> <br /> 11 <br /> <br />12 <br /> <br />13 <br /> <br />14 <br /> <br />15 <br /> <br />16 <br /> <br />17 <br /> <br />18 <br /> <br />19 <br /> <br />20 <br /> <br />21 <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />27 <br /> <br />28 <br /> <br />29 <br /> <br />30 <br /> <br />31 <br /> <br />32 <br /> <br />33 <br /> <br />34 <br /> <br />35 <br /> <br />36 <br /> <br />37 <br /> <br /> 4. If payment is not received by COUNTY within thirty (30) days after the due date, <br />COUNTY may cease providing any further service under this Agreement and may satisfy the <br />indebtedness in any manner prescribed by law. <br /> <br /> 5. CITY shall not be called upon to assume any liability for the direct payment of any salaries, <br />wages or other compensation to any COUNTY personnel performing services hereunder for COUNTY, <br />or any liability other than provided for in the Agreement. CITY shall not be liable for compensation or <br />indemnity to any COUNTY employee for injury or sickness arising out of his or her employment. <br /> <br /> 6. In the event this Agreement is extended in accordance with the Term paragraph of this <br />Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to one <br />twelfth (1/12) of the Shelter Services Provisional Payment amount indicated in subparagraph III.B.2. <br />above. Such payment shall be due no later than thirty (30) days after the month in which services were <br />provided. <br /> <br /> C. DETERMINATION OF ACTUAL COST OF SERVICES <br /> <br /> 1. COUNTY agrees to collect and maintain expenditure and workload data to be used to <br />determine the actual cost of start-up and Animal Care Shelter Services provided to CITY during the term <br />of this Agreement. <br /> 2. Start-Up -- CITY'S Actual Start-Up Costs shall be the actual costs incurred by COUNTY to <br />accommodate CITY animals at COUNTY'S Animal Care Shelter. <br /> <br /> 3. Shelter Services -- CITY'S Actual Animal Care Shelter Services Costs shall be determined <br />by applying CITY'S percentage of animal charge days, for animals impounded from within the corporate <br />limits of Santa Ana and animals received from residents of CITY, to COUNTY'S Total Actual <br />Expenditures (including indirect charges) for providing all Animal Care Shelter Services within <br />COUNTY. An animal charge day is defined here as each day or portion of a day that an animal is <br />housed at COUNTY'S Animal Shelter. COUNTY'S Total Actual Expenditures for shelter services shall <br />not include COUNTY expenditures for CITY Start-Up. <br /> <br /> D. FEE REVENUE <br /> <br /> COUNTY agrees to keep record of and to credit to CITY all fee revenue generated from animals <br />received from CITY residents or CITY or impounded within the corporate limits of CITY. Said revenue <br />credit shall be used to determine the Net Cost of Animal Care ~.Shelter Services described in <br />subparagraph IlI.E.2. below. ;' <br /> E. ADJUSTMENTS TO PROVISIONAL PAYMENT <br /> 1. Start-Up Costs <br /> a. If CITY'S Actual Start-Up Costs are less than the Start-Up Provisional Payment amount <br />specified in subparagraph III.B.1. above, then COUNTY shall credit the difference to CITY in a <br />subsequent agreement with COUNTY for Animal Care Services. COUNTY agrees to refund the <br />difference if CITY does not enter into a subsequent Agreement with COUNTY for Animal Care Shelter <br />Services. <br /> <br />ACS2004HH 2 of 5 <br /> <br />EXHIBIT A <br />CSA1KK04 <br /> <br /> <br />