HomeMy WebLinkAboutORANGE, COUNTY OF (ANIMAL CARE SERVICES) iMURANCE 1WT RE0,L11RED Return FULLY EXECUTED
WORK MN(PROCi=ED Copy to City Clerk, M-30 A-2026-078
CITY CLERK
DATE: J U N 1 6 2026
O;PO (3) AGREEMENT FOR PROVISION OF
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OC ANIMAL CARE SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
MAY 31,2026 THROUGH MAY 30, 2031
THIS AGREEMENT entered into this 3 1"day of May, 2026,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 ("CITY"). This AGREEMENT shall be
administered by County of Orange OC Community Resources ("ADMINISTRATOR"). COUNTY and
CITY may be referred to individually as a"PARTY"and collectively as the "PARTIES."
WITNESSETH:
WHEREAS, COUNTY owns, and through OC Animal Care operates, an animal care shelter facility
at 1630 Victory Road, Tustin, California("SHELTER"); and
WHEREAS, CITY wishes to contract with COUNTY for the provision of the Animal Care 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:
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CONTENTS
PARAGRAPH PAGE
TitlePage.................................................................................................................................. 1
Contents..................................:................................................................................................. 2
Referenced Contract Provisions.............................................................................................. 3
I. Alteration of Terms.................................................................................................................. 4
II. Indemnification and Insurance................................................................................................ 4
III. Notices...................................................................................................................................... 5
IV. Severability............................................................................................................................... 5
V. Status of the Parties.................................................................................................................. 5
VI. Term ......................................................................................................................................... 6
VII. Termination.............................................................................................................................. 6
VIII. Third Party Beneficiary ........................................................................................................... 7
IX. Waiver of Default or Breach.................................................................................................... 7
X.Use of Shelter Upon Discontinuance of Use by County........................................... 7
XI.Participation of New Cities............................................................................ 8
XII.Governing Law and Venue............................................................................. 8
XIII.Attorney Fees.............................................................................................................................. 8
XIV.Appropriations............................................................................................. 8
SignaturePage.......................................................................................................................... 10
EXHIBIT A
I. Definitions................................................................................................................................ 1
11. Services to be Provided by County ......................................................................................... 1
III. Payments .................................................................................................................................. 4
IV. City Manager's Association Animal Care Committee........................................................... 5
V. Laws and Regulations.............................................................................................................. 5
VI. Reports...................................................................................................................................... 6
VII. Records..................................................................................................................................... 6
EXHIBIT B
Animal Care Notice of Intent................................................................................................1 Page
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CITY OF SANTA ANA 2 of 10
REFERENCED CONTRACT PROVISIONS
Term: MAY 31,2026 through MAY 30, 2031
Notices to COUNTY and CITY:
COUNTY: County of Orange
OC Community Resources
Director's Office
1770 North Broadway
Santa Ana, CA 92706-2642
and
County of Orange
OC Community Resources
OC Animal Care Director
1630 Victory Rd.
Tustin, CA 92782
CITY: City Manager
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
CITY OF SANTA ANA 3 of 10
I. ALTERATION OF TERMS
This AGREEMENT, together with Exhibit 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 COUNTY and CITY.
II. INDEMNIFICATION AND INSURANCE
A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials,
officers, employees, agents and those special districts and agencies for which COUNTY's Board of
Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims,
demands, including defense costs, or liability of any kind or nature, including but not limited to personal
injury or property damage,arising from or related to the services,products or other performance provided
by CITY pursuant to this AGREEMENT. If judgment is entered against CITY and COUNTY by a court
of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY
INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court.
Neither PARTY shall request a jury apportionment.
B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers,
employees,agents,directors,members,shareholders and/or affiliates harmless from any claims,demands,
including defense costs, or liability of any kind or nature, including but not limited to, personal injury or
property damage, arising from or related to the services, products or other performance provided by
COUNTY pursuant to this AGREEMENT. If judgment is entered against COUNTY and CITY by a court
of competent jurisdiction because of the concurrent active negligence of CITY, COUNTY and CITY
agree that liability will be apportioned as determined by the court. Neither PARTY shall request a jury
apportionment.
C. Each PARTY agrees to provide the indemnifying PARTY with written notification of any claim
related to services provided by either PARTY pursuant to this AGREEMENT within thirty (30) calendar
days of notice thereof, and in the event the indemnifying PARTY is subsequently named party to the
litigation, each PARTY shall cooperate with the indemnifying PARTY in its defense.
D. Without limiting CITY's indemnification, CITY warrants that it is self-insured or shall maintain
in force at all times during the term of this AGREEMENT,the policy or policies of insurance covering its
operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY
shall provide evidence of such insurance.
E. Without limiting COUNTY's indemnification, COUNTY warrants that it is self-insured or shall
maintain in force at all times during the term of this AGREEMENT, the policy or policies of insurance
covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY
shall provide evidence of such insurance.
CITY OF SANTA ANA 4 of 10
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 or
CITY;
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 Parcel 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 or CITY and shall be effective when FAXed, transmission
confirmed,or when accepted by U.S.Postal Service Express Mail,Federal Express,United Parcel Service,
or other expedited delivery service.
C. Each PARTY shall notify the other PARTY, in writing, within twenty-four (24) hours of
becoming aware 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.
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 in full force and effect, and to that extent the provisions of this
AGREEMENT are 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
CITY OF SANTA ANA 5 of 10
i
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 as specified on Page 3 of this AGREEMENT.
B. The term of this AGREEMENT shall be automatically renewed each July for twelve (12)
additional months, for a period of five (5) years, provided no notice of termination has been given by
either PARTY in accordance with the "TERMINATION"paragraph of this AGREEMENT.
VII. TERMINATION
A. COUNTY may terminate this AGREEMENT, without cause, upon twelve (12) months written
notice to CITY or immediately upon default by the CITY of its obligations hereunder.
B Upon termination, both PARTIES shall be obligated to perform such duties as would normally
extend beyond this term, including but not limited to, obligations with respect to confidentiality,
indemnification, audits, reporting and accounting.
C.. The obligations of COUNTY or CITY under this AGREEMENT are contingent upon the
provision of sufficient funding for the services hereunder in the applicable budgets approved by the Board
of Supervisors and the CITY's City Council. In the event such funding is subsequently reduced or not
appropriated, either PARTY may terminate this AGREEMENT upon thirty (30) calendar days written
notice to the other PARTY. CITY acknowledges that the sharing of costs among the COUNTY and all
contracting cities provides cost efficiencies and operational savings to COUNTY and each contracting
city, and that COUNTY and each contracting city have entered into their services agreements in reliance
on such shared costs and resulting savings. CITY further acknowledges that the withdrawal by CITY
from the program would increase the financial burden of services on COUNTY and all remaining
contracting cities, and acknowledges and agrees that it is the current intent of CITY to acquire Animal
Care Services from the COUNTY pursuant to this AGREEMENT for a term of at least five(5)years, and
that other cities acquiring services from the COUNTY are relying on CITY's stated intention and the
sharing of costs with CITY in electing to acquire similar services. CITY acknowledges and agrees that
this AGREEMENT is contingent upon other local cities entering into similar agreements with the
COUNTY to provide Animal Care Services for a period of five (5) years, and that this AGREEMENT
will not be effective until other cities enter into similar agreements with the COUNTY to provide an
estimated annual aggregate of at least 75% of the dollar value of Animal Care Services provided to
contract cities during the twelve months prior to execution of this AGREEMENT.
CITY OF SANTA ANA 6 of 10
VIII. THIRD PARTY BENEFICIARY
Neither PARTY intends this AGREEMENT to create rights hereunder in any 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 terms of this
AGREEMENT.
X. USE OF SHELTER UPON DISCONTINUANCE OF USE BY COUNTY
A. The SHELTER, which is owned and operated by COUNTY, shall be used by COUNTY for the
provision of services for contracting cities and COUNTY unincorporated areas, as needed,pursuant to the
terms of current and future services agreements. In the event COUNTY elects to discontinue usage of the
SHELTER for animal sheltering purposes prior to December 31, 2066, COUNTY shall offer to those
CITIES then currently contracting with COUNTY, whose AGREEMENTS contain this provision, to
receive services pursuant to a services agreement the opportunity to lease the SHELTER strictly for animal
sheltering purposes until such date, at a costs of$1.00 per year plus all rental costs, if any, owed to South
Orange County Community College District (SOCCCD) pursuant to the Ground Lease entered into
between COUNTY and SOCCCD.
B. Each and every CITY exercising this option shall be responsible for all operational costs; utility
costs; maintenance, alteration, repair, and improvement costs; and any other costs of sustaining and
operating an animal shelter at the site and shall indemnify COUNTY for any costs or liabilities resulting
from or relating to the site. Upon exercise of the option, the COUNTY and the optioning CITIES shall
use best efforts to negotiate mutually agreeable terms for the resulting lease. If the PARTIES cannot agree
to mutually agreeable terms within one hundred and eighty (180)days after the exercise of the option,the
option will terminate. The option provided for in this subsection is exclusive to those CITIES described
above and may only be exercised collectively by those CITIES that elect to exercise the option or, if only
one CITY wishes to do so, by that single electing CITY. The option must be exercised, if at all, within
one hundred and eighty (180) days after COUNTY notifies CITIES of its decision to discontinue use of
the SHELTER for animal sheltering purposes. The option provided herein shall be contingent upon the
ground lease not terminating by its terms prior to COUNTY obtaining fee hold possession of the site.
C. In the event COUNTY does not yet have fee hold possession of the site as of April 29, 2034,the
expiration date of the ground lease, COUNTY shall, at least six months prior to that date, consult with
those CITIES then contracting with COUNTY for SERVICES regarding proposed methods of accessing
continued use of the site.
CITY OF SANTA ANA 7 of 10
XI. PARTICIPATION OF NEW CITIES
A. After full execution of this AGREEMENT, cities not a PARTY to this AGREEMENT (either
new cities or cities previously a PARTY to this AGREEMENT whose AGREEMENT has terminated)
may be added to the COUNTY's Animal Care Services program at the discretion of and under terms
deemed acceptable by the COUNTY. If such new or returning city requests to participate in the Animal
Care Services program, and COUNTY elects to provide Animal Care Services to such city, such city will
be required to pay all, or, if such expansion is necessitated by the participation of multiple new and/or
returning cities, its pro rata portion, of the costs of any SHELTER expansion attributable to such city's
anticipated use of the SHELTER. If the COUNTY determines, at its sole discretion, that no expansion is
required to accommodate a new or returning city, said city or cities shall be required to pay, in addition to
actual annual costs, 5% of its Notice of Intent (see Exhibit A, Section II.A) for shelter maintenance and
repair which shall be used by COUNTY to defray the cost of capital projects for the current PARTIES to
this Agreement whose contracts did not terminate. CITY payment of 5% above annual Notice of Intent
shall be limited to the term of this AGREEMENT. For the sake of clarity and avoidance of
misunderstanding, new or returning cities will not be offered the option to lease SHELTER facilities
pursuant to the"USE OF SHELTER UPON DISCONTINUANCE OF USE BY COUNTY"paragraph of
this AGREEMENT.
XII. GOVERNING LAW AND VENUE
This AGREEMENT has been negotiated and executed in the State of California and shall be governed
by and construed under the laws of the State of California. In the event of any legal action to enforce or
interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent jurisdiction
located in Orange County, California, and the PARTIES hereto agree to and hereby submit to the
jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the
PARTIES specifically agree to waive any and all rights to request that an action be transferred for trial to
another county.
XIII. ATTORNEY'S FEES
In any action or proceeding to enforce or interpret any provision of this AGREEMENT, or where
any provision hereof is validly asserted as a defense, each PARTY shall bear its own attorney's fees,
costs and expenses.
XIV. APPROPRIATIONS
During the term of this AGREEMENT, for each fiscal year, CITY shall make reasonable efforts to
adopt all necessary budgets and make all necessary appropriations for all payments due hereunder. To
the extent COUNTY has not terminated this AGREEMENT as provided hereunder, the CITY shall
continue to make reasonable efforts to make all payments required hereunder.
CITY OF SANTA ANA 8 of 10
[SIGNATURE PAGE FOLLOWS,]
CITY OF SANTA ANA 9 Of 10
IN WITNESS WHEREOF,the PARTIES have executed this AGREEMENT in the County of Orange,
State of California.
CITY OF SANTA ANA
BY: —2V4DATED: Z
CITY M NAGER
ATTEST:
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BY: E'
DATED: S�4QtQ—Ln
ITY C ERK
APPROVED AS TO FORM: Tamara Bogosian, Senior Assistant City Attorney
BY: DATED:
for the CITY ATTORNEY
COUNTY OF ORANGE
BY: DATED:
TITLE:
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY: DATED:
DEPUTY
CITY OF SANTA ANA 10 of 10
EXHIBIT A
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
CITY OF SANTA ANA
MAY 31,2026 THROUGH MAY 30, 2031
I. DEFINITIONS
A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing
Animal Care Services to CITY pursuant to this AGREEMENT.
B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of
COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY,
the estimated cost of the services, and the effective date.
C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as
specified, by category, in Paragraph II.B. of Exhibit A to this AGREEMENT.
D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by
COUNTY to CITY pursuant to this AGREEMENT.
E. "Fiscal Year" means a twelve(12)-month period from July through June.
F. "Net Cost" means Actual Cost minus Fee Revenue.
G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service
category.
II. SERVICES TO BE PROVIDED BY COUNTY
A. ANIMAL CARE NOTICE OF INTENT
1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified
below in subparagraph II.B. of Exhibit A to this AGREEMENT, CITY would like COUNTY to provide
during the next Fiscal Year. CITY and COUNTY may agree to individualized levels of Service Details
within the Animal Care Services selected. Requests for individualized levels of Service Details will only
be considered by COUNTY if the resulting service level will not conflict with state or federal statutes and
will not endanger public health.
2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of
Intent which shall include,but not be limited to,a list of Animal Care Services,and individualized Service
Details, if any, COUNTY agrees to provide, estimated costs for said services, and the start date for those
services. COUNTY shall provide the Animal Care Services specified in the Animal Care Notice of Intent
signed by both ADMINISTRATOR or designee, and an authorized representative of CITY.
3. Upon mutual AGREEMENT of CITY and COUNTY, COUNTY may prepare a new or
CITY OF SANTA ANA I of 7 EXHIBIT A
amended Animal Care Notice of Intent at any time, may change due dates specified in subparagraph
II.A.1. and II.A.2. of Exhibit A to this AGREEMENT, and may modify the format of the Animal Care
Notice of Intent attached to this AGREEMENT as Exhibit B.
B. ANIMAL CARE SERVICES—COUNTY provides the following seven(7)categories of Animal
Care Services. COUNTY shall provide to CITY the Animal Care Services specified on the most current,
Animal Care Notice of Intent for the Fiscal Year, signed in accordance with subparagraph II.A.2. of this
Exhibit A to the AGREEMENT. Each category of service includes Service Details which may be added
or changed by ADMINISTRATOR upon six (6) months prior notification to CITY. However, any new
Service Level Details not required by law and which were not contemplated or included in the Animal
Care Notice of Intent approved by the PARTIES and in place at the time of the proposed change(s) shall
require twelve (12)months prior notice to CITY, and CITY may opt in of the New Service Level Details.
1. ANIMAL CONTROL SERVICES—Animal Control Services include,but are not limited to,
emergency response service; patrolling; impounding of stray animals and of owner-released animals;
animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and
impound fee collection for impounded animals; quarantine activities including home checks of animals
involved in bites; site inspections required to comply with vicious dog ordinances; emergency
transportation of injured, impounded animals to a veterinarian; impounding of deceased animals for
disposal; responses to requests for assistance from law enforcement and CITY officials regarding
suspected criminal activities or zoning violations related to animals; advice to residents regarding wildlife
management or other animal concerns, not to include wildlife eradication or relocation services; injured
wildlife pick-up; animal license issuance and renewal, fee collection and payment services; customer
support regarding animal licensing; animal license billing; and delinquent animal license follow-up;
assistance to residents regarding potentially dangerous and/or vicious animals; impound data entry; and
impound animal photography.
2. ANIMAL CARE SPECIAL SERVICES
a. Animal Care Special Services include, but are not limited to animal license issuance and
renewal;fee collection and payment services;customer support regarding animal licensing;animal license
billing; delinquent animal license follow-up; digital canvassing to locate and license unlicensed animals;
inspection of animal-related businesses in CITY jurisdiction in response to complaints and in accordance
with COUNTY established inspection schedules; and when applicable, issuance of animal permits for
private homes.
3. ANIMAL CARE SHELTER SERVICES
a. Animal Care Shelter Services for animals impounded by OC Animal Care include, but
are not limited to, retention of impounded animals at COUNTY's Animal Care Shelter (Shelter), public
display of animals to allow owner identification; contact of owners when animals are wearing
identification; sale or release of impounded animals to residents; animal evaluation for adoption;
CITY OF SANTA ANA 2 of 7 EXHIBIT A
reasonable effort toward animal placement; public education; volunteer services; rescue group
coordination; euthanasia and disposal of animals that are neither redeemed nor adopted; veterinary
services and spay/neuter surgeries consistent with standards established by the California Veterinary
Medical Board; and necropsies on animals that die under suspicious circumstances or at the request of
law enforcement.
b. CITY may request additional retention days for healthy, non-aggressive impounded
animals. Additional retention days will be offered to CITY upon written approval by COUNTY's
OC Community Resources Director, or designee, on a space available basis only.
c. COUNTY agrees to maintain its Shelter in a humane manner, keep said premises in a
clean condition at all times, and use humane methods of care.
d. No animals may be donated, sold or otherwise released for the purposes of
experimentation, research or vivisection.
4. BARKING DOG COMPLAINT SERVICES—Barking Dog Compliant Services include,but
are not limited to,receipt of barking dog complaints from residents,customer assistance regarding barking
dog complaints, issuance of citations, and administrative hearings in response to complaints received by
COUNTY for barking dogs within jurisdiction of CITY.
5. STANDARD LICENSING SERVICES — Standard Licensing Services include, but are not
limited to, animal license issuance and renewal, fee collection and payment services; customer support
regarding animal licensing; animal license billing; and delinquent animal license follow-up.
6. CITY LICENSE SERVICES
a. City License Services include, but are not limited to, issuance of CITY animal licenses
at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY.
COUNTY shall provide quarterly licensing reports to CITY.
b. CITY shall make its best effort to provide updated animal licensing information to
COUNTY.
7. ANIMAL IMPOUND SERVICES —Animal Impound Services include, but are not limited
to, data entry of impound information for each live or deceased animal from CITY, impound animal
photography for each live animal, owner notification of impounded animal, and posting of animal
photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged
by COUNTY.
C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services.
COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior
notification given to CITY.
D. Animals which are being retained for 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 charges for such housing.
CITY OF SANTA ANA 3 of 7 EXHIBIT A
E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance
from CITY, its officers, agents and employees.
III. PAYMENTS
A. BASIS FOR PAYMENT
1. CITY shall pay COUNTY the Net Cost of providing Animal Care Services specified in
Animal Care Notice of Intent for CITY signed in accordance with subparagraph II.A. CITY Net Costs
may include services/supplies procured but not yet delivered within the Fiscal Year.
2. The methodology for determining CITY's Actual Cost of Animal Care Services shall be
provided to CITY annually in accordance with the Reports paragraph of this AGREEMENT. CITY shall
adopt Animal Care Services fees consistent with the most recent animal care services fees approved by
the County of Orange Board of Supervisors (the "COUNTY FEES") which fee amounts will be charged
for Animal Care Services within CITY's jurisdiction and shall be used in determining CITY's Actual Cost
of Animal Care Services. If CITY wishes to adopt fees which are different from the COUNTY FEES,
CITY shall notify COUNTY of the applicable fee amounts to be charged for Animal Care Services within
CITY's jurisdiction(the"CITY FEES")and CITY FEES will be charged for Animal Care Services within
CITY's jurisdiction and shall be used in determining CITY's Actual Cost of Animal Care Services.
3. COUNTY shall record and retain all Fee Revenue derived from providing Animal Care
Services to CITY. CITY's Fee Revenue shall be credited to CITY's Actual Cost of Animal Care Services.
COUNTY shall have all fee collection powers of CITY and shall receive full cooperation from CITY to
enable efficient enforcement of fee collection.
B. PAYMENT SCHEDULE
1. Each Fiscal Year, CITY shall pay COUNTY in arrears for the Net Cost of Animal Care
Services provided in accordance with the following payment schedule. Billings are due from COUNTY
to CITY within thirty (30) calendar days following the three-month Period specified below.
Period Billing Due Payment Due
July 1 through September 30 October 30 November 25
October I through December 31 January 30 February 25
January 1 through March 31 April 30 May 25
April 1 through June 30 July 30 August 25
2. Because Actual Costs may fluctuate based on service utilization during a given billing period
(e.g. a hoarding case), CITY shall be billed either in equal installments based on its Notice of Intent for
that year, or based on actual utilization for the period, whichever is greater for the first three quarters of
the year with the final, fourth quarter billed on actual utilization for the full year of services.
CITY OF SANTA ANA 4 of 7 EXHIBIT A
3. If payment is not received by COUNTY by the payment due date specified above in
subparagraph III.B. of Exhibit A to this AGREEMENT, COUNTY may cease providing any further
service under this AGREEMENT and may satisfy the indebtedness in any manner prescribed by law.
4. COUNTY may modify the payment schedule upon six(6)months written notification to CITY.
IV. CITY MANAGERS ASSOCIATION ANIMAL CARE COMMITTEE
A subcommittee of the Orange County City Managers Association representing all cities
participating in OCAC services exists to facilitate communication between OCAC and the city managers
and staff of participating cities regarding financial and operational matters of OCAC, including, but not
limited to: the assessment of cost options for animal care services provided under the Services Agreements;
supplemental services or financial requests which result in a change to a participating city's Actual Cost;
consideration of new or adjusted fees; and other Service Details which may arise during the course of the
AGREEMENT. COUNTY shall provide regular updates on operations to the City Managers Association
Animal Care Committee and to a participating city upon request.
V. LAWS AND REGULATIONS
A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements
related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall
enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services
provided by COUNTY to CITY may be changed to comply with said laws,regulations, and requirements.
ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact Animal Care
Services provided through this AGREEMENT.
B. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care Notice
of Intent, CITY shall enact and maintain in full force and effect ordinances identical to COUNTY
ordinances which apply to said service, including but not limited to, those related to fees.
ADMINISTRATOR shall notify CITY of the deadline for adopting said ordinances. If COUNTY is
unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of
CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend provision
of one or all Animal Care Services to CITY or may terminate this AGREEMENT. It is the sole
responsibility of CITY to immediately notify COUNTY of any discrepancy between relevant ordinances
maintained by CITY and those maintained by COUNTY.
D. If CITY wishes to maintain any relevant ordinance that is not consistent, on any point, with
COUNTY ordinances, CITY shall immediately notify COUNTY of the discrepant ordinance. At the sole
discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of COUNTY animal
care ordinances and may agree to enforce, and issue citations for violations pursuant to, the discrepant
CITY ordinance. CITY acknowledges that individualized enforcement of unique CITY ordinances may
result in increased costs to CITY.
CITY OF SANTA ANA 5 of 7 EXHIBIT A
i
E. CITY shall notify COUNTY of its intent to add,amend,or delete any CITY animal care ordinance
at least ninety (90) calendar days in advance of its addition, amendment, or deletion.
F. CITY may request that specific ordinances adopted by CITY not be enforced in CITY by
COUNTY. Requests for exclusion must be submitted in writing and received by COUNTY ninety (90)
calendar days prior to the requested exclusion. Requests for exclusion will only be considered by
COUNTY if they are not in conflict with state statutes and do not endanger public health. COUNTY shall
notify CITY, in writing, of COUNTY's decision regarding the requested exclusion.
G. COUNTY's OC Community Resources Director, or designee, may provide assistance to CITY
in defining the manner in which enforcement of a new or amended animal care ordinance would be
provided by COUNTY. Requests for assistance must be made in writing and received by COUNTY
ninety (90) calendar days prior to the requested implementation of the service. If the cost of such service
can be delineated and accommodated by COUNTY,COUNTY will send an amended Animal Care Notice
of Intent to CITY which will include reference to the CITY ordinance.
H. CITY will reimburse COUNTY for ordinance enforcement, as specified in the "PAYMENTS"
paragraph of this AGREEMENT.
VI. REPORTS
A. Each Fiscal Year, COUNTY shall provide to CITY written, quarterly reports of Animal Care
Services revenue and expenses for each period specified below. Said reports will be due to CITY within
thirty (30) calendar days of the month following the reporting period, in accordance with the schedule
below:
Period Reports Due
July 1 through September 30 October 30
October 1 through December 31 January 30
January 1 through March 31 April 30
April 1 through June 30 July 30
B. Each Fiscal Year, COUNTY shall provide the following Animal Care Services reports to CITY
by July 30:
1. A payment methodology report for Animal Care Services to be provided by COUNTY during
the next Fiscal Year and
2. A Fiscal Year intake and outcome report.
C. COUNTY may change the due dates for reports specified in subparagraphs VI.A.and VI.B.above
upon six (6) months written notification to CITY.
D. No less than once every three (3) years, COUNTY shall engage an external auditor to review CITY
billings.
CITY OF SANTA ANA 6 of 7 EXHIBIT A
VII. RECORDS
A. All records created or received by COUNTY in accordance with the performance of COUNTY
services pursuant to this AGREEMENT are confidential. COUNTY agrees to keep said records in such
form and manner as the Auditor-Controller of COUNTY shall specify. Said records shall be open for
examination by CITY at all reasonable times.
B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses of each CITY licensed
animal upon demand without additional expense or cost to CITY. Any such information requested which
is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to
government code. Prior to each disclosure, CITY agrees to complete and return to COUNTY a
"Confidentiality Agreement" on a form approved or provided by COUNTY. The PARTIES agree and
understand that this procedure is required by the Public Records Act and necessitated to permit CITY to
obtain the information required for its use, and to allow COUNTY to disclose said information. Upon
receipt by COUNTY,the records requested may be released to the extent COUNTY is in possession of such
records, and permitted by state law to disclose them voluntarily.
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CITY OF SANTA ANA 7 of 7 EXHIBIT A
EXHIBIT B
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
CITY OF SANTA ANA
MAY 31,2026 THROUGH MAY 30, 2031
ANIMAL CARE NOTICE OF INTENT
This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for
the Period: JULY 1, 2026, through DUNE 30, 2027. COUNTY agrees to provide to the City of SANTA ANA
the following Animal Care Services beginning JULY 1,2026:
Animal Care Shelter Services
Animal Impound Services
The total estimated cost for Animal Care Services specified above is $4,238,739.
® This is a new Animal Care Notice of Intent for the Period indicated above.
❑ This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above.
Significant Changes Since the Previous Animal Care Notice of Intent:
To the est of m ki edge,this notice specifies the Animal Care Services to be provided by COUNTY.
000A qrFiL
City of SANJfA ANA Representative and Title Date
OC Animal Care Director Date
ATTEST,
9AN
V.
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CITY OF SANTA ANA 1 of 1 EXHIBIT B