AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF «COMPANY»
«START_DATE» THROUGH «END_DATE»
THIS AGREEMENT entered into this «START_DAY» day of «START_MONTH» «START_YEAR», which date is en umerated for purposes of refere nce only, is by and between the COUNTY OF ORANGE, a political s ubdivision of the State of Califo rnia (“COUNTY”) and the CITY OF «COMPANY»«MUNI_CORP» (“CITY”). This AGREEMENT shall be administered by County of Orange OC Community Resources (“ADMINISTRAT OR”). COUNTY and CITY may be referred to individually as a “PARTY” and collectively as the “PARTIES.”
W I T N E S S E T H:
WHEREAS, COUNTY owns, and th rough OC Animal Care operates, an animal care shelter facility at 1630 Victory Road, Tustin, California (“SHELTER"); and WHEREAS, CITY wishes to cont ract with COUNTY for the provision of the Animal Care Services described herein; and
WHEREAS, COUNTY is willing a nd able to provide such servic es on the terms and conditions hereinafter set forth:
NOW, THEREFORE, IT IS MU TUALLY AGREED AS FOLLOWS:
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CONTENTS
PARAGRAPH PAGE
Title Page ................................................................................................................... ............... 1 Contents ..................................................................................................................... ............... 2 Referenced Contract Provisions .............................................................................................. 3 I. Alteration of Terms .................................................................................................................. 4 II. Indemnificati on and Insurance ................................................................................................ 4 III. Notices ...................................................................................................................................... 5 IV. Severa bility ............................................................................................................................... 5 V. Status of the Parties .................................................................................................................. 5 VI. Term ......................................................................................................................................... 6 VII. Ter mination .............................................................................................................................. 6 VIII. Third Part y Beneficiary............................................................................................................ 6 IX. Waiver of Defa ult or Breach .................................................................................................... 7 X. Use of Shelter Upon Discontinuance of Use by County…………………………………. 7 XI. Participation of New Cities…………………………………………………………… …. 7 XII. Governing Law and Venue… …………………………………………………… ……….. 8 XIII. Attorney Fees.......................................................................................................................... 8 XIV. Appropriations……………… ……………………………………………………………… 8 Signature Page ............................................................................................................... ........... 9
EXHIBIT A
I. Defin itions ................................................................................................................................ 1 II. Services to be Provided by County ......................................................................................... 1 III. Payments .................................................................................................................................. 4 IV. City Managers Association Animal Care Committee ............................................................. 5 V. Laws and Regulations .............................................................................................................. 5 VI. Reports ...................................................................................................................................... 6 VII. Records ..................................................................................................................................... 7
EXHIBIT B
Animal Care No tice of Intent .................................................................................................. 1 Page //
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REFERENCED CONTRACT PROVISIONS
Term: «START_DATE» through «END_DATE»
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: «CONTACT»
«JOB_TITLE»
City of «COMPANY2»
«ADDRESS1»
«CITY_STATE_ZIP»
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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 ag reement 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 dist ricts and agencies for wh ich COUNTY’s Board of Supervisors acts as the governing Board (“COUNT Y 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 conc urrent 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 ho ld CITY, its elected a nd 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 re lated to the services , products or other pe rformance provided by COUNTY pursuant to this AGREEMENT. If judgment is entered against COUNTY and CITY by a court of competent jurisdiction because of the concur rent active negligence of CITY, COUNTY and CITY agree that liability will be apporti oned as determined by the court. Neither PARTY shall request a jury apportionment.
C. Each PARTY agrees to provide the indemnifyi ng 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 inde mnifying PARTY is subseque ntly named party to the litigation, each PARTY shall cooperate with the indemnifying PARTY in its defense.
D. Without limiting CITY’s indemn ification, 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 comp anies. Upon request by ADMINISTRATOR, CITY shall provide evidence of such insurance.
E. Without limiting COUNTY’s indemnification, C OUNTY 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 insu rance companies. Upon request by CITY, COUNTY shall provide evidence of such insurance.
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III. NOTICES
A. Unless otherwise specified, all notices, clai ms, 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 a nd 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 twen ty-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 notic e 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 st atute, ordinance, or regulation, the remaining provisions of this AGREEMENT or the application thereof shall rema in valid, and the remain ing 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 th e services required of it by the terms of this AGREEMENT. Each PARTY is entir ely 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
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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 commen ce as specified on Page 3 of this AGREEMENT.
B. The term of this AGREEMENT shall be auto matically renewed each July for twelve (12) additional months, for a period of fi ve (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 th is 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 oblig ated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with re spect 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 servic es on COUNTY and all remaining contracting cities, and acknowledges a nd agrees that it is th e 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 COUNT Y are relying on CITY’s stated intention and the sharing of costs with CITY in electing to acquire similar services. CITY ac knowledges and agrees that this AGREEMENT is contingent upon other local cities entering into similar agreements with the COUNTY to provide Animal Care Se rvices for a period of five (5) years, and that this AGREEMENT will not be effective until other cities enter into s imilar 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.
VIII. THIRD PARTY BENEFICIARY
Neither PARTY intends this AGREEMENT to create rights hereunder in any third parties including,
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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 subs equent 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 contrac ting with COUNTY, whose AGREEMENT S 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 (SOCCC D) pursuant to the Ground Lease entered into between COUNTY and (SOCCCD).
B. Each and every CITY exercisi ng this option shall be responsible for all operational costs; utility costs; maintenance, alteration, repair, and improveme nt 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. U pon exercise of the option, the COUN TY 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 notifie s CITIES of its decision to discontinue use of the SHELTER for animal sheltering pur poses. 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.
XI. PARTICIPATION OF NEW CITIES
A. After full execution of this AGREEMENT, cities not a PARTY to this AGREEMENT (either
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new cities or cities previously a PARTY to this AGREEMENT whose AGREEMENT has terminated) may be added to the COUNTY’s Animal Care Servic es program at the disc retion of and under terms deemed acceptable by the COUNTY. If such new or retu rning 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 n ecessitated by the participati on 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, Se ction 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 PA RTIES hereto agree to and hereby submit to the jurisdiction of such cour t, notwithstanding Code of Civil Pro cedure 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 fis cal year, CITY shall make reasonable efforts to adopt all necessary budgets and make all necessary a ppropriations for all paymen ts due hereunder. To the extent COUNTY has not terminated this AGREEM ENT as provided hereunder, the CITY shall continue to make reasonable efforts to make all payments required hereunder.
[SIGNATURE PAGE FOLLOWS.]
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IN WITNESS WHEREOF, the PARTIES have execu ted this AGREEMENT in the County of Orange, State of California.
CITY OF «COMPANY» «MUNI_CORP»
BY: DATED:
«TITLE1»
ATTEST:
BY: DATED:
CITY CLERK
APPROVED AS TO FORM:
BY: DATED:
CITY ATTORNEY
COUNTY OF ORANGE
BY: DATED:
TITLE:
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY: DATED:
D E P U T Y
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EXHIBIT A
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
CITY OF «COMPANY»
«START_DATE» THROUGH «END_DATE»
I. DEFINITIONS
A. "Actual Cost" means all COUNTY expenditures, including indirect ch arges, 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 Actu al Cost minus Fee Revenue.
G. "Service Details" mean the activities perfo rmed 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 Ca re 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 a nd COUNTY, COUNTY ma y prepare a new or
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amended Animal Care Notice of Inte nt 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 provide s 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 si x (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; patrol ling; impounding of stray animals and of owner-re leased animals; animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and impound fee collection for impounded animals; quarant ine activities including home checks of animals involved in bites; site inspect ions required to comply with vicious dog ordinances; emergency transportation of injured, impounde d animals to a veteri narian; impounding of de ceased animals for disposal; responses to requests for assistance from law enforcemen t 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 rene wal, fee collection and pa yment services; customer support regarding animal licensing; animal license bi lling; and delinquent anim al 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 reside nts; animal evaluation for adoption;
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reasonable effort toward animal placement; public education; volunteer services; rescue group coordination; euthanasia and dispos al 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 anima ls that die under suspic ious circumstances or at the request of law enforcement.
b. CITY may request additional retenti on days for healthy, non-aggressive impounded animals. Additional retention days will be offered to CITY upon wr itten 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 – Bark ing 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 – Standa rd 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 pr ovide updated animal li censing information to COUNTY.
7. ANIMAL IMPOUND SERVICES – Animal Im pound 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 notificat ion of impounded animal, and posting of animal photographs on COUNTY website. CO UNTY shall receive CI TY animals at Shelte r at times arranged by COUNTY.
C. COUNTY shall notify CITY of COUNTY’s hours of operation for An imal 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 crimin al prosecutions, except fo r violations of animal control regulations and/or ordinanc es pursuant to this AGREEMENT, ar e 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.
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E. To facilitate the performance of services, COUNTY shall have full c ooperation 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 acco rdance 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 Actu al 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 CI TY 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 c ooperation 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 1 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.
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3. If payment is not received by COUNTY by the payment due date specified above in subparagraph III.B. of Exhibit A to this AGREEM ENT, COUNTY may ceas e providing any further service under this AGREEMENT and may satisfy the indebtedness in any manner prescribed by law.
4. COUNTY may modify the pa yment 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 communicati on between OCAC and the city managers and staff of participating cities regarding financial and operati onal matters of OCAC, incl uding, but not limited to:
the assessment of cost options for animal care se rvices provided under th e 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 ame nded 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 agre es to provide to CITY in an Animal Care Notice of Intent, CITY shall enact and maintain in full force and effect ordinan ces identical to COUNTY ordinances which apply to said service, includi ng but not limited to, those related to fees.
ADMINISTRATOR shall notify CITY of the deadlin e 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 or dinance that is not cons istent, 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 pur suant to, the discrepant CITY ordinance. CITY acknowledges that individua lized enforcement of unique CITY ordinances may result in increased costs to CITY.
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E. CITY shall notify COUNTY of its intent to a dd, 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 mu st be submitted in writing and received by COUNTY ninety (90) calendar days prior to the requested exclusion. Requests for exclusion will onl y 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 mu st 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, qua rterly 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 th e following Animal Care Services reports to CITY by July 30:
1. A payment methodology report for Animal Ca re Services to be provided by COUNTY during the next Fiscal Year and
2. A Fiscal Year inta ke 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, COUN TY shall engage an external auditor to review CITY billings.
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VII. RECORDS
A. All records created or re ceived 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 COUNT Y shall specify. Said r ecords shall be open for examination by CITY at all reasonable times.
B. Once each Fiscal Year, COUN TY 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 releas ed 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 PA RTIES agree and understand that this procedure is required by the Pu blic 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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«COMPANY2» 1 of 1 EXHIBIT B
EXHIBIT B
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
CITY OF «COMPANY»
«START_DATE» THROUGH «END_DATE»
ANIMAL CARE NOTICE OF INTENT
This Animal Care Notice of Intent specifies An imal Care Services to be provided to CITY by COUNTY for the Period: «NOI_START» through «NOI_END». COUNTY agrees to provide to the City of «COMPANY2» the following Animal Care Services beginning «NOI_EFFECTIVE»:
«SERVICE1»
«SERVICE2»
«SERVICE3»
«SERVICE4»
«SERVICE5»
The total estimated cost fo r Animal Care Services specified above is «TOTAL_COST_».
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 Previ ous Animal Care Notice of Intent:
To the best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY.
City of «COMPANY2» Repr esentative and Title Date
OC Animal Care Director Date