MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON
AND THE COUNTY OF SAN JOAQUIN FOR THE PROVISION OF ANIMAL
SHELTER AND IMPOUND SERVICES
Th
is Memorandum of Under standing ( MOU) is made and entered into by and between the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California (COUNTY), and the C ITY OF STOCKTON, a municipal corporation ( CITY), as of . The County and the City are sometimes referred to herein individually as a " Party" or collectively as the "Parties." RECI
TALS
WH
EREAS, the CITY and COUNTY have passed and are responsible for enforcing local ordinances governing the regulations, licensing, shelter and impounding of certain animals within their respective jurisdictions; and WH
EREAS, the CITY and COUNTY each possess the power to establish, operate and shelter animals within its respective jurisdiction; and WH
EREAS, the COUNTY does not have its own animal shelter facility to impound or provide shelter services for animals that are received by its Animal Services Division, surrendered by verified COUNTY residents or located within the unincorporated area of the COUNTY: and
WH
EREAS, the CITY owns and operates an animal shelter located at 1575 South Lincoln Street in Stockton (FACILITY) and is capable of providing specified animal shelter and impound services for the COUNTY, and has historically provided those services to COUNTY; and
WHE
REAS, COUNTY has determined that utilizing CITY’s existing animal shelter and impound and shelter services is the most cost-efficient way for the COUNTY to meet its obligations to provide animal shelter and impound services for its jurisdiction; and
WH
EREAS, the COUNTY desires to utilize the FACILITY and animal shelter services provided by the CITY for the impounding and care of animals delivered by the Animal Services Division of the COUNTY and also receive and impound animals as turned in by verified residents and/or located within the unincorporated areas of the COUNTY; and
WH
EREAS, CITY is willing and able to render animal shelter and impound
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services to COUNTY on the terms and conditions hereinafter set forth.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE as follows:
1. TERM
A. Term. The term of this MOU shall commence on July 1, 2023, (“Effective Date”) and shall expire on June 30, 2028 (5 years).
B. Additional Terms. Upon conclusion of the Initial Term, t his MOU shall automatically renew for an additional five (5) year term; provided, however, that any Party to this MOU may withdraw at the end of the Initial Term if it provides written notice to the other Party no later than ninety (90) days prior to the expiration of the Initial Term. Upon conclusion of each additional term, if any, this MOU shall automatically renew in the same manner as described above and shall continue to do so at the end of each such additional term; provided, however, that any Party to this MOU may withdraw at the end of any additional term if it provides written notice to the other Party no later than one (1) year prior to the expiration of such additional term.
C. Maximum renewals. In no event shall the total term of the MOU plus any
extension, extend beyond twenty (20) years.
2. FACILITY. The CITY shall furnish all animal shelter and impound services as described in this MOU at FACILITY.
A. CI
TY, in its sole discretion, shall determine the days and hours the FACILITY is open to the public and is open to receive animals from the Animal Services Division of the County, verified County residents and/or animals located within the unincorporated areas of the County. CITY shall provide advance notice to COUNTY as soon as practicable in the event CITY changes the hours that FACILITY is open to the public and to COUNTY.
B. After Hours. Any sick or injured animal must be taken to an off-site veterinarian contracted and paid for by the COUNTY to accept such animals outside of the FACILITY’S normal hours of operation. In no event shall COUNTY leave an injured or sick animal at the FACILITY when the FACILITY is closed.
C. CITY has the unfettered discretion and absolute right to determine when it is
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necessary to discontinue accepting animals at the FACILITY. As an example, it may be necessary to discontinue accepting animals at the FACILITY when the FACILITY reaches maximum capacity. CITY will endeavor to notify COUNTY when CITY has exercised its discretion to discontinue accepting animals and when it anticipates accepting animals again.
3. CONTINUATION OF SERVICES AND STAFFING
A. Both CITY and COUNTY will continue to provide animal control, animal regulation, dispatch or similar field services within their respective jurisdictions.
B. Both CITY and COUNTY will employ their respective animal control employees who will continue with all present functions subject to the authority of each respective entity.
C. All persons employed by CITY in the performance of Animal Shelter services and all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging or any other terms of employments shall be solely determined by CITY.
4. PROVISION OF SERVICES BY CITY
A. CITY shall furnish and supply all necessary labor, supervision, equipment and supplies to provide the services described in this MOU.
B. The means, manner, and method by which services are provided, the standard of performance, any other matters incidental to the performance of such services, and the control of personnel so employed, shall be determined solely by CITY. In the event of a dispute between the parties as to the level and manner of such services, the parties shall meet in good faith to resolve their differences. In the event of an impasse, the Chief of Police will make the final decision.
C. COUNTY recognizes and specifically acknowledges that in utilizing the FACILITY and CITY services, it will comply with all operational procedures as established by CITY in its sole discretion, including all General Orders or the Animal Shelter’s Standard Operating Procedures promulgated by the
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Chief of Police regarding the operation of the FACILITY. Prior to the effective date of this MOU, CITY shall provide COUNTY with copies of all applicable regulations and General orders as well as provided any updates thereto within thirty (30) days of being issued.
D. Request for Additional Services. Upon the mutual written agreement of the parties, additional services not already covered pursuant to this MOU may be rendered by CITY and shall be paid for by COUNTY.
5. CONTROL AND CARE OF ANIMALS
Upon completion of the intake processing of animals delivered by COUNTY or residents of COUNTY, control of the animals, excepting animals subject to legal holds, shall belong to the CITY in the same manner as if the animals were received from within the CITY’S jurisdiction.
A. Intake.
In the course of delivering animals to the shelter, the COUNTY Animal Services Division will complete all required fields on the Intake Form utilizing the CITY’s shelter data base program (see Attachment 2 hereto).
Required information may include but not be limited to animal information, reporting party information, owner information, location of pickup and any required legal hold periods.
B. Legal Holds. City shall control and care for animals delivered by COUNTY pursuant to its Operating Procedures as specified in section 4 above and consistent with applicable law. Access and control by COUNTY of such animals for purposes of evidence/prosecution shall be available during the hours that the FACILITY is open to the public or upon advance notice as specified in section 2 above.
C. Veterinary Care. The CITY shall provide basic, minimum, care/treatment for animals delivered by the County Animal Services Division, verified COUNTY residents and/or located within the unincorporated areas of the COUNTY.
Animals delivered or surrendered with medical issues shall be provided with medical treatment as deemed necessary by the City.
D. Adoption and Redemption of Animals
. All fees associated with the adoption
and redemption of Animals shall be retained by the CITY except for COUNTY licensing fees.
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6. LICENSING
It is mutually agreed that the CITY and COUNTY shall continue to separately license animals in accordance with their respective municipal codes. The CITY may sell a COUNTY license and will collect and allocate to a separate account monies received from said licensing fees, provided however, that CITY personnel are authorized to sell both CITY and COUNTY licenses at FACILITY. Any monies received from sale of COUNTY licenses will be remitted in full to the COUNTY on a quarterly basis within thirty (30) days after the end of each quarter.
7. FEE SCHEDULE
The parties specifically acknowledge that the costs of providing Animal Shelter and Impound services are identical whether the animal received by CITY at FACILITY originated in the COUNTY or CITY. Therefore, COUNTY hereby agrees that the fees charged for the services covered under this MOU will be those established by the CITY, as set forth in the CITY’s Fee Schedule, as now existing or herein after amended, and that CITY shall retain all such fees other than COUNTY licensing fees.
8. COMPENSATION FOR SERVI
CES
A. COUNTY shall pay to CITY all costs associated with the intake, sheltering, care and impounding of animals received from COUNTY’s Animal Services Division, verified COUNTY residents and/or located within the unincorporated areas of the County, based upon the agreed upon rates as set forth in Attachment 1 which is incorporated herein by reference. Said costs shall also include CITY’s administrative costs.
B. Extraordinary Expenses. The parties acknowledge that from time to time it may be necessary for the CITY to undertake work on behalf of the COUNTY that causes an extraordinary amount of work that is outside the normal services provided by the CITY to COUNTY pursuant to this MOU. Extraordinary Expenses shall be defined as emergency intake of multiple (10 or more) animals as part of one event. In the case of extraordinary work, the CITY will invoice the COUNTY for all direct costs and expenses related to said event, as determined by the Chief of Police or his designee. COUNTY shall remit payment to CITY for such Extraordinary expenses within thirty (30) days after receipt of such invoice.
9. INVOICING
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CITY shall submit an invoice to COUNTY each quarter. COUNTY shall remit payment of the full amount due within thirty (30) days after receiving such invoice.
Payments not received in a timely fashion will be subject to the maximum allowable interest penalty set forth in California Government Code Section 926.10.In the event CITY is required to incur collection costs to recover payments owed by COUNTY to CITY, COUNTY will also be responsible for reimbursing CITY for any such collection costs incurred.
10. MUTUAL INDEMNIFICATION
A. The COUNTY hereby agrees, on behalf of itself, officers, employees, agents, successors and other representatives to indemnify, hold harmless, CITY, its officers, employees, agents, successors and other representatives against all claims, suits, actions, costs, expenses and investigative costs, damages.
B. The CITY hereby agrees, on behalf of itself, officers, employees, agents, successors and other representatives to indemnify, hold harmless, COUNTY, its officers, employees, agents, successors and other representatives against all claims, suits, actions, costs, expenses and investigative costs, damages.
11. AMENDMENTS
It is hereby agreed that all provisions of the above agreement are subject to amendment by resolutions of the City Council and the Board of Supervisors.
12. COMPLETE INTEGRATION
The parties have read this MOU and agree to be bound by all of its terms and further agree that it constitutes the complete exclusive statement of the understanding between the parties. This MOU terminates and supersedes any prior agreements between the parties related to the joint operations of a CITY/COUNTY pound facility or the provision of impound and animal shelter services.
13. MODIFICATIONS
This MOU shall not be amended, except in writing that is executed by authorized representatives of both parties. Notwithstanding the forgoing, it is hereby agreed that all provisions of the above agreement may be subject to amendment by resolutions of the City Council and the Board of Supervisors.
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14. INTERPRETATION
This MOU shall not be interpreted in favor of any party by virtue of said party not having prepared this MOU.
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IN WITNESS WHEREOF, the parties hereto have caused their names to be affixed to this MEMORANDUM OF UNDERSTANDING.
ATTEST: CITY OF STOCKTON, a Municipal Corporation
ELIZA R. GARZA, CMC, City Clerk HARRY BLACK, City Manager
Approved as to form:
John Mulroy, Deputy City Attorney
ATTEST:
Clerk of the Board COUNTY OF SAN JOAQUIN, a Political subdivision of the State of California
Deputy Clerk Chairman of the Board of Supervisors
Approved as to form:
County Counsel
ATTACHMENT A
Attachment 1
COMPENSATION FOR SERVICES
Flat fee per animal up to 3,000 animals within a one-year period: $493.05
Fee per animal above 3,000 within a one-year period: $656.50
Daily impound fee per animal that is held
on a legal hold beyond 14 days. $ current City Fee Schedule Rate
Extraordinary events: $ actual cost incurred
Fees are based on cost for animal shelter services including, but not limited to utilities, food, medicine, and other supplies; and are subject to an annual increase of at least 5% or based on the average increase in medical supplies as approved by City Council.
ATTACHMENT A
Attachment 2
Chameleon Intake Screen
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