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WebLinkAboutORANGE, COUNTY OF - 2006AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect.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