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HomeMy WebLinkAboutCounty of Orange Health Care Agency - Animal Control Services - 2008-12-15 (2)Dept ID PD 2015-005 Page 1 of 2 Meeting Date 7/6/2015 �"Oac-b 7-6 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/6/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Robert Handy, Chief of Police SUBJECT: Approve and authorize execution of the FY 2015/2016 OC Animal Care Services Notice of Intent for Continuation of Contract Services, and, authorize the Chief of Police to expend necessary funds up to $885,000 Statement of Issue Since 1975, the City of Huntington Beach has contracted with the County of Orange for animal control services These services include animal care field services, special services, such as license enforcement, shelter services for stray and impounded animals, and barking dog complaint services These services are contracted on an annual basis This Notice of Intent to continue contract services will allow for full animal care services for the community Financial Impact The amount of $885,000 is proposed in the FY15/16 Police Department General Fund budget This amount should be sufficient to cover actual services provided Recommended Action A) Approve and authorize the Mayor to execute Animal Care Notice of Intent "Exhibit B to Agreement for Provision of OC Animal Care Services with City of Huntington Beach July 2, 2015 through July 30, 2016," and, B) Authorize the Chief of Police to expend up to $885,000 for animal control services Alternative Action(s) Do not approve the Mayor to execute the Notice of Intent between the City of Huntington Beach and the County of Orange and direct staff accordingly Analysis Orange County Animal Care (OCAC) has provided animal care and shelter services to the City of Huntington Beach since 1975 In addition to Huntington Beach, the county provides services to 18 Orange County cities and the unincorporated areas of the county The contract with the county provides for field services, special services, shelter services, and barking dog complaint services Their facility is located at 561 The City Drive South, in Orange Animal care services are available 24 hours a day, 365 days a year The annual contract period is from July 1 to June 30 of each year If approved, this new contract period will cover July 1, 2015, to June 30, 2016 The animal care services are billed and paid on a quarterly cycle Per the County, the FY15/16 estimated annual city payment for the animal control Item 11. - 1 xB -452- Dept ID PD 2015-005 Page 2 of 2 Meeting Date 7/6/2015 contract is $832,976 Note that the net cost of animal care services is based on actual costs reduced by actual fee revenues Therefore, the City's actual net cost for FY 15/16 may be higher or lower than the County estimate The additional amount asked for in the Police Department's FY 15/16 budget is to cover the OCAC quarterly invoice for the period of July 1, 2016, through September 30, 2016 Because of the difference in fiscal years between the County and the City, this billing period is not covered in the Notice of Intent estimate The total cost of the City's animal control billing is composed of two components The first component is the ACS City Billing Control Expenditure The net cost of the control component is determined by taking the cost to provide field and special services and reducing that amount by the revenues collected from dog licensing Field and special services include activities such as dead animal pickup, stray animal pickup, cruelty investigations, etc The second component of the animal control billing is the ACS City Billing Shelter Expenditures Using the total number of days all animals from Huntington Beach reside at the shelter, the net cost of sheltering services is based on the number of Huntington Beach animals that receive feed and care, the total costs to provide this service, and the shelter related fee revenue collected from residents There are two important factors that have impacted net costs to all contract cities in FY 15/16 They are Cash Basis Method — OC Animal Care will change its method of recording fee revenue from an accrual basis to a cash basis Currently, the fee revenue includes a combination of cash collected and accounts receivable resulting from customer invoicing (accrual basis method) Beginning January 1, 2016, fee revenue will only be recognized and recorded at the time cash is collected (cash basis method) This change in method is expected to reduce the amount of fee revenue available to offset costs, in comparison with prior years Write-off of Uncollected Fee Revenue — Based on OC Animal Care's recording of revenue using the accrual basis method, there is approximately $6 3 million of uncollected receivables for which revenue was previously credited to the contract cities OCAC will begin writing off uncollected receivables in excess of four years from the date of invoice, with a goal of completing all write-offs over a five-year period A total of $450,000, representing the amount of receivables in excess of four years old, has been budgeted in FY 15/16 for write-offs The actual cost to the City will depend on the amount of fee revenue initially credited Environmental Status N/A Strategic Plan Goal Enhance and maintain public safety Attachment(s) 1 OC Animal Care Services Contract, Animal Care Notice of Intent, Exhibit B xB 453- Item 11. - 2 EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH July 1, 2015 THROUGH June 30, 2016 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, 2015 through June 30, 2016. COUNTY agrees to provide to the City of HUNTINGTON BEACH the following Animal Care Services beginning July 1, 2015. Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $832,976 ® 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 best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY Jill Hardv. Mavor BEACH Representative and Title S -L-YE T-A14 a OC Community Resources Director 7/7/2015 Date APPROVED AS TO FORM Date B ichaet Gates, City Attorney � Ojlbi J HUNTINGTON BEACH 1 of 1 O R A N G E C O U N T Y Community Resources Our Community Our Commitment STEVE FRANKS October 8, 2015 DIRECTOR OC COMMUNITY RESOURCES Joan L Flynn JENNIFER HAWKINS, DVM City of Huntington Beach DIRECTOR 2000 Main Street OC ANIMAL CARE Huntington Beach, CA 92648 KAREN ROPER DIRECTOR Dear Ms Flynn OC COMMUNITY SERVICES Enclosed please find one (1) fully executed Animal Care Notice of Intent (NOI) for the City STACY BLACKWOOD of Huntington Beach, for the fiscal year (FY) of July 1, 2015 through June 30, 2016 DIRECTOR OC PARKS Sinc rely HELEN FRIED L COUNTY LIBRARIAN OC PUBLIC LIBRARIES Joseph Powers Staff Specialist OC Animal Care Enclosure i I OC ANIMAL CARE 561 THE CITY DRIVE SOUTH ORANGE, CA 92868 I PHONE 714 935 6848 FAx 714 935 6373 i 1 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk July 9, 2015 Alan Young, Budget Analyst OCCR/OC Animal Care 561 The City Drive South Orange, CA 92868-3389 Dear Mr Young Enclosed are three originals of the "Exhibit B to Agreement for Provision of OC Animal Care Services With City of Huntington Beach July 1, 2015 Through June 30, 2016 " Upon complete execution, please return one original to us Please mail the document to Joan L Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated Sincerely, Od Joan L Flynn, CIVIC City Clerk JF pe Enclosures Sister Cities • Anjo, Japan ♦ Wartakere, New Zealand Dept. ID PD-14-013 Page 1 of 2 Meeting Date: 10/6/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 10/6/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Robert Handy, Chief of Police SUBJECT: Approve and authorize execution of the Fiscal Year 2014/2015 OC Animal Care Services Contract; and, authorize the Chief of Police to expend funds for animal control purposes Statement of Issue: Since 1975, the City of Huntington Beach has contracted with the County of Orange for animal control services. These services include animal care field services; special services, such as license enforcement; shelter services for stray and impounded animals; and barking dog complaint services. These services are contracted on an annual basis. This contract will allow for full animal care services for the community. Financial Impact: The funding for this contract has already been approved and appropriated in the Fiscal Year 2014/2015 Police Department General Fund budget, Account 10070102. There are no additional funds required. Recommended Action: A) Approve and authorize the Mayor to execute the "Exhibit B to Agreement for Provision of OC Animal Care Services With City of Huntington Beach July 1, 2014 through June 30, 2015" with the County of Orange; and, B) Authorize the Chief of Police to expend up to $743,338 for animal control services as budgeted. Alternative Action(s): Do not approve the Mayor to execute the contract between the City of Huntington Beach and the County of Orange and direct staff accordingly. Analysis: The County of Orange Animal Care Agency has provided animal care and shelter services to Huntington Beach since 1975. In addition to Huntington Beach, the county provides services to 20 Orange County cities and the unincorporated areas of the county. The contract with the county provides for field services, special services, shelter services, and barking dog complaint services. Their facility is located at 561 The City Drive South in Orange. Animal care services are available 24 hours a day, 365 days a year. r -B - � +_. Item 9. - 1 Dept. ID PD-14-013 Page 2 of 2 Meeting Date: 10/6/2014 The annual contract period is from July 1 to June 30 of each year. If approved, this new contract period will cover July 1, 2014, to June 30, 2015. The animal care services are billed and paid on a quarterly cycle. Per the County, the FY14/15 estimated annual city payment for the animal control contract is $743,338. This is an increase of $32,616 over last year's contract. The County of Orange establishes this contact amount by estimating services provided and off setting that amount by estimating licensing revenues collected. The funding for this contract has already been approved and appropriated in the Fiscal Year 2014/2015 Police Department General Fund budget, Account 10070102. As discussed at a recent City Council meeting, the rising cost of animal control services has created the need to review the City's options to include increasing revenue collection through licensing fees, looking at alternate sheltering options and alternate field animal control officer options. In this effort, Staff from the Police Department and City Manager's Office will look to work in the future with Orange County Animal Control Services, surrounding cities, and alternate service operators in order to determine the feasibility of cost control and alternative operations. Environmental Status: Enhance and maintain public safety. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): #1 "Exhibit B to Agreement for Provision of OC Animal Care Services With City of Huntington Beach July 1, 2014 through June 30, 2015" Item 9. - 2 x B- _ 44- EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH July 1, 2014 THROUGH June 30, 2015 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, 2014 through June 30, 2015. COUNTY agrees to provide to the City of HUNTINGTON BEACH the following Animal Care Services beginning July 1, 2014: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $743,338. ® 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 best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. City of APPROVED AS TO FORM JENNIFER NoMTH, City Aft tp Qt7 -1h% `l' HUNUNGTON BEACH 0 3UNT jW6' BEA�H Representative and Title Matth ,. Harper, Mayor unity Resources Director 1 of 1 iv/ Date I t? h-D w ate City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk October 14, 2014 Alan Young, Budget Analyst OCCR/OC Animal Care 561 The City Drive South Orange, CA 92868-3389 Dear Mr. Young Enclosed please find three originals of "Exhibit B to Agreement for Provision of OC Animal Care Services With City of Huntington Beach July 1, 2014 Through June 30, 2015." Upon execution, please return one original to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, s J n L. Flynn City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan 6 Waitakere, New Zealand Dept. ID PD-14-010 Page 1 of 2 Meeting Date: 9/15/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 9/15/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Robert Handy, Chief of Police SUBJECT: Approve additional appropriation and expenditures for the Fiscal Year 2013/2014 OC Animal Care Contract and authorize Mayor to sign revised Animal Care Notice of Intent for 2013/2014 Statement of Issue: The Police Department is seeking an additional appropriation and authorization to exceed the contract amount of the FY13/14 Orange County Animal Care Contract by $61,604. Financial Impact: Request additional funding of $61,604 into the Police Department General Fund, Account 10070102. Sufficient General Fund revenue is available to support this request. Recommended Action: A) Approve and authorize the Mayor to execute the Animal Care Notice of Intent (Revised 8/8/14) contract, "Exhibit B to Agreement for Provision of OC Animal Care Services with City of Huntington Beach July 1, 2013 Through June 30, 2014;" and,. B) Authorize an additional appropriation of $61,604 into the Police Department General Fund, Account 10070102; and, C) Authorize the Chief of Police to expend $61,604, over the FY13/14 OC Animal Care Contract to pay for services already received. Alternative Action(s): Do not approve the Mayor to execute the contract between the City of Huntington Beach and the County of Orange and direct staff accordingly. Analysis: Orange County Animal Care is the agency the Police Department contracts with to provide animal care services. On April 16, 2013, the City Attorney's Office approved a Notice of Intent with OC Animal Care to provide animal control services for the period of July 1, 2013, through June 30, 2014. The total estimated cost for those services was $650,408. The City Council approved that contract at the August 5, 2013, council meeting authorizing the Chief of Police to expend up to $650,408 for animal control services. 11 -45- Item 4. - I Dept. ID PD-14-010 Page 2 of 2 Meeting Date: 9/15/2014 While the approved expenditure for FY13/14 was $650,438, when the Police Department received the fourth quarter invoice, the total cost of the animal control services contract had increased to $712,012. The Police Department is seeking an additional appropriation of $61,604 to the Police Department General Fund, Account 10070102. The Police Department is also requesting authorization to spend over the FY13/14 contract limit of $650,408 by $61,604. The fourth quarter invoice increases were due to rate increases at the County caused by depreciation charges on the County Accounting and Personnel System, increased fees in the County Wide Allocation Program, the Orange County Sheriff Department Communications program and costs associated with licensing fee collections. Environmental Status: NA Strategic Plan Goal: Enhance and maintain public safety Attachment(s): #1 OC Animal Care Services Contract, Animal Care Notice of Intent (Revised 8/8/14), Exhibit B Item 4. - 2 H -416- EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH July 1, 2013 THROUGH June 30, 2014 ANIMAL CARE NOTICE OF INTENT (REVISE➢) 8/8/14) This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: July 1, 2013 through June.30, 2014. COUNTY agrees to provide to the City of HUNTINGTON BEACH the following Animal Care Services beginning July 1, 2013: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $712,012. ® 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 best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. City of HUNT17)V lr(% BEACH Representative and Title AA/ ���� A Matthew M. Harper, Mayor OC unity Resources Director APPROVED AS TO FORM JENNIFER NoMM, C07 A*mnw D eity 1 of 1 Date Date City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov ®ice of the City Clerk Joan L. Flynn, City Clerk September 23, 2014 Alan Young, Budget Analyst OCCR/OC Animal Care 561 The City Drive South Orange, CA 92868-3389 Dear Mr. Young Enclosed please find three originals of "Exhibit B to Agreement for Provision of OC Animal Care Services With City of Huntington Beach July 1, 2013 Through June 30, 2014." Upon execution, please return one original to Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. JF:pe Enclosure Sister Cities: Anjo, Japan 0 Waitakere, New Zealand Dept. ID PD-13-014 Page 1 of 2 Meeting Date: 11/4/2013 MEETING DATE: 11/4/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Request for authorization to execute Agreement for Provision of OC Animal Care Services and exceed the FY 12/13 Orange County Animal Care Contract amount by $18,763 Statement of Issue: The Police Department is seeking authorization to exceed the contract amount of the FY12/13 Orange County Animal Care Contract by $18,763; Financial Impact: There are no additional funds required. This is a request to authorize payment of the additional $18,763 from the FY12/13 budget. Recommended Action: A) Approve and authorize the Mayor to execute "Exhibit B to Agreement for Provision of OC Animal Care Services with City of Huntington Beach July 1, 2012 Through June 30, 2013 Notice of Intent (Revised 10/3/13)" with the County of Orange; and, B) Authorize the Chief of Police to expend $18,763 over the FY12/13 animal control contract to pay for services already received. Alternative Action(s): Do not approve the Mayor to execute the contract between the City of Huntington Beach and the County of Orange and direct staff accordingly. Analysis: Orange County Animal Care is the agency the Police Department contracts with to provide animal care services. On June 6, 2012, the City Attorney's Office approved a Notice of Intent with OC Animal Care to provide animal control services for the period of July 1, 2012, through June 30, 2013. The total estimated cost for those services was $619,436. The City Council approved that contract at the July 16, 2012, council meeting authorizing the Chief of Police to expend up to $610,436 for animal control services. While the approved expenditure for FY12/13 was $619,436, when the Police Department received the fourth quarter invoice, the total cost of the animal control services contract had increased to $638,199. The Police Department is seeking authorization to spend over the FY12/13 contract limit of $619,436 by $18,763 (3%). Item 10. - 1 xs -120- Dept. ID PD-13-014 Page 2 of 2 Meeting Date: 11/4/2013 The fourth quarter invoice increases were due to rate increases at the County caused by depreciation charges on the County Accounting and Personnel System, increased -fees in the County Wide Allocation Program, the Orange County Sheriff Department Communications program and costs associated with licensing fee collections. Environmental Status: N/A Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. OC Animal Care Services Contract, Animal Care Notice of Intent (Revised 10/3/13), Exhibit B HB 12 t _ Item 10. - 2 p I` EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL: CARE SERVICES WITH CITY OF HUNTINGTON BEACH July 1, 2012 THROUGH June 30, 2013 ANIMAL CARE NOTICE OF INTENT (REVISED 1013113) This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: July 1, 2012 through June 30, 2013. COUNTY agrees to provide to the City of HUNTINGTON BEACH the following Animal Care Services beginning July 1, 2012: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services. The total estimated cost for Animal Care Services specified above is $638,199. ® This is anew 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 besi of my'.kiiowledge, this notice specifies the Animal Care Services to be provided by COUNTY. Mayor IF wif City"of.Ht.1NT CST IY/BEACH Representative and Title 11/6/2013 Date S-fl VE- FAANK,� O : ni a Car �Y,,ris; Date C�t%LE2�2- 0(. Cv^-%. - VtV I-VY Rk30v/ZCES Al"". 3'TO r�l xi 4: ,'e.ii'H HUNTINGTON Br:acr+ i „r i CIT �, a' City ®f Huntington Beach 2000 Main Street © Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK November 21, 2013 Alan Young, Budget Analyst OCCR/OC Animal Care 561 The City Drive South Orange, CA 92868-3389 Dear Mr. Young: _ Enclo_sed_are_tflree originals entitled —Exhibit -B-to-Ac,�reement for -Provision -of OC--Anima - Care Services With City of Huntington Beach July 1, 2012 Through June 30, 2013 (revised 10/3/13)." Upon execution, please return one original to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, Joan L. Flynn, CIVIC City Clerk JF: pe Enclosure: Agreements Sister Cities: Anjo, Japan o Waitakere, New Zealand (Telephone: 714.536.5227) Dept. ID PD-13-008 Page 1 of 2 Meeting Date: 8/5/2013 MEETING DATE: 8/5/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Approve Fiscal Year 2013/2014 OC Animal Care Services Contract Statement of Issue: Since 1975 the City of Huntington Beach has contracted with the County of Orange for animal control services. These services include animal care field services; special services, such as license enforcement; shelter services for stray and impounded animals, and barking dog complaint services. These services are contracted on an annual basis. This contract will allow for full animal care services for the community. Financial Impact: The Animal Care Service Contract Notice of Intent received from the County of Orange increased by $30,972 from the prior year's contract limit. The amount of $472,515 is proposed in the FY 13-14 budget, which doesn't include past or current increases. The budgeted amount is $186,023 less than the contract limit estimated by the County of Orange of $650,408. Historically, the total cost of Animal Care Services has been lower than the contract estimates, and the Police. Department does not feel it is necessary to fully fund the estimated contract cost. The Police Department will closely monitor the usages and billings of this contract and will request mid -year budget adjustments as necessary to cover the entire contract limit with the County of Orange. Recommended Action: A) Approve and authorize the Mayor to execute "Exhibit B to Agreement for Provision of OC Animal Care Services with City of Huntington Beach July 1, 2013 through June 30, 2014;" and B) Authorize the Chief of Police to expend up to $472,515 for animal control services as budgeted; and, C) Authorize the Chief of Police to expend up to $186,023, if necessary, to cover the entire contract limit. Alternative Action(s): Do not approve the Mayor to execute the contract between the City of Huntington Beach and the County of Orange and direct staff accordingly. Analysis: The County of Orange Animal Care Agency has provided animal care and shelter services to Huntington Beach since 1975. In addition to Huntington Beach, the county provides services to 20 Orange County cities and the unincorporated areas of the county. The contract with the county provides for field services, special services, shelter services, HB -173- Item 11. - I Dept. ID PD-13-008 Page 2 of 2 Meeting Date: 8/5/2013 and barking dog complaint services. Their facility is located at 561 The City Drive South in Orange. Animal care services are available 24 hours a day, 365 days a year. The annual contract period is from July 1 to June 30 of each year. If approved, this new contract period will cover July 1, 2013, to June 30, 2014. The animal care services are billed and paid on a quarterly cycle. Per the County, the FY13/14 estimated annual city payment for the animal control contract is $650,408. This is an increase of $30,972 over last year's contract. The County of Orange establishes this contact amount by estimating services provided and off setting that amount by estimating licensing revenues collected. During the past five fiscal years, the invoices have been consistently lower than the estimated contract with the County of Orange. Specifically: FY08-09 contract for $604, 500 and City spent $555, 384 FY09-10 contract for $621,100 and City spent $535,936 FYI 0-11 contract for $639,638 and City spent $543,233 FYI 1-12 contract for $595, 536 and City spent $495, 574 FY12-13 contract for $614,436 and City spent $249,292 (first 2 quarters only) Environmental Status: N/A _Strategic Plan Goal: Enhance and maintain public safety. Attachment(s): 1. Exhibit B to Agreement for Provision of OC Animal Care Services with City of Huntington Beach July 1, 2013 through June 30, 2014 - Animal Care Notice of Intent. Item 11. - 2 HB -174- A Nw'" w:I ;'I'mom � � �i' 'ii I EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH July 1, 2013 THROUGH June 30, 2014 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, 2013 through June 30, 2014. COUNTY agrees to provide to the City of HUNTINGTON BEACH the following Animal Care Services beginning July 1, 2013: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $650,408. ® 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 best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. _,- Connie Boardman, Mayor City of HUN(r/NGTON BEACH Representative and Title OC Community Resources Director HUNTINGTON BEACH 1 of I August 8, 2013 Date v 9I13 Date u 'Pi 0V81)S TO FORM 1FNNIPtR McGRA'TH, CRtYAt OMW t? yqa n':u� C�tyAttorn�Y �ii�\t 3 0 R A N G E C 0 U N 7 Y Lr -Ey Our Community. Our CornMitr et7t. STEVE FRANKS September 3, 2013 DIRECTOR q OC COMMUNITY RESOURCES City of Huntington Beach RYAN DRABEK Ms. Joan L. Flynn, City Clerk DIRECTOR " 2000 South Main Street OC ANIMAL CARE Huntington Beach, CA 92648 KAREN ROPER DIRECTOR Dear Ms. Flynn: OC COMMUNITY SERVICES Enclosed please find one (1) fully executed Animal Care Notice of Intent (NOI) for the City MARK DENNY of Huntington Beach, for the fiscal year (FY) July 1, 2013 through June 30, 2014. DIRECTOR OC PARKS HELEN FRIED Si erely, COUNTY LIBRARIAN OC PUBLIC LIBRARIES Alan Young Budget Analyst OC Animal Care Enclosure OC ANIMAL CARE 561 THE CITY DRIVE SOUTH ORANGE, CA 92868 PHONE: 714.935.6848 FAX: 714.935.6373 City,of Huntington each 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 s www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk August 13, 2013 Alan Young, Budget Analyst OCCR/OC Animal Care 561 The City Drive South Orange, CA 92868-3389 Dear Mr. Young: Enclosed please three originals entitled "Exhibit B to Agreement for Provision of OC Animal Care Services With City of Huntington Beach July 1, 2013 Through June 30, 2014." Upon execution, please return one original to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, Joan L. Flynn, CIVIC City Clerk JF: pe Enclosure: Agreements Sister Cities: Anjo, Japan,* Waitakere, New Zealand Council/Agency Meeting Held: 6 Deferred/Continued to: *App ro 0 ❑ Conditionally Approved ❑ Denied S � ity le,1 Sign t e Council Meeting Date: July 16, 2012 Depart a ID Number: PD-12-005 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Approve Exhibit B of the Orange County Animal Care Services Contract for fiscal year 2012/2013 Statement of Issue: Since 1975, the City of Huntington Beach has contracted with the County of Orange for animal control services. These services include animal care field services; special services, such as license enforcement; and shelter services for stray and impounded animals. These services are contracted on an annual basis. This contract will allow for full service animal care services for the community. Financial Impact: The amount of $472,515 is proposed in FY12-13 Police Department General Fund budget. This budgeted amount is $146,921 less than the contract amount estimated by the County of Orange at $619,436. Based on historical expenditures for these services this amount should be sufficient to cover actual services provided. Recommended Action: Motion to: A) Approve and authorize the Mayor to execute the contract "Exhibit B to Agreement for Provision of OC Animal Care Services With City of Huntington Beach July 1, 2012 Through June 30, 2013"; and, B) Authorize the Chief of Police to expend up to $619,436 for animal control services. Alternative Action(s): Do not approve the Mayor to execute the contract between the City of Huntington Beach and the County of Orange and direct staff accordingly. xB -105- Item 13. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 7/16/2012 DEPARTMENT ID NUMBER: PD-12-005 Analysis: The County of Orange Health Care Agency has provided animal care and shelter services to Huntington Beach since 1975. In addition to Huntington Beach, the county provides services to 20 Orange County cities and the unincorporated areas of the county. The contract with the county provides for field services, special services and shelter services at a facility located at 561 The City Drive South in Orange. Animal care services are available 24 hours a day, 365 days a year. The annual contract period is from July 1 to June 30 of each year. If approved, this new contract period will cover July 1, 2012, to June 30, 2013. The animal care services are billed and paid on a quarterly cycle. The FY12-13 estimated annual city payment for the animal control services is $619,436 per the County. This is an increase of $24,200 over last year's contract. The County of Orange establishes this contact amounts by estimating services provided and off setting that amount by estimating licensing revenues collected. Current estimates show that this year's invoices will be about $150,000 lower than the contracted amount for FY 11- 12. During the past four fiscal years, the invoices have been consistently lower than the estimated contract with the County of Orange: FY08-09 contract for $604,500 and City spent $555,384. FY09-10 contract for $621,100 and City spent $535,936. FY10-11 contract for $639,638 and City spent $543,233. FY11-12 contract for $595,536 and City spent $242,470 (first 3 quarters only). Environmental Status: N/A Strategic Plan Goal: Maintain public safety Attachment(s): 1. ! Animal Care Services Contract Exhibit B (three (3) original copies) Item 13. - 2 HB -106- _. -- -__.._ - - - --,r __ - 1f i ' - -- EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH July 1, 2012 THROUGH June 30, 2013 ANIMMAL 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, 2012 through June 30, 2013. COUNTY agrees to provide to the City of HUNTINGTON BEACH the following Animal Care Services beginning July 1, 2012: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $619,436. ® 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 best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. JNTINGTON BEAC Re esentative and Title F. Hansen, Jr. - Ma r y, I ji - n\8C,�, OC Animal Care Director HUNTINGTON BEACH I of I IAW'a Date Z Date APPROVED AS TO FORM JENNIFER WRATH, CityAttonw 4tyCity Attorney (O `o` L Aw O R. �, N C z E s: r.3 IJ kit T v (L icl-ick..ommunit Our Cc:>rrtrY>unit,y. Our Commitment. STEVE FRANKS August 17, 2012 DIRECTOR OC COMMUNITY RESOURCES City of Huntington Beach RYAN DRABEK Ms. Joan L. Flynn, City Clerk DIRECTOR 2000 South Main Street OC ANIMAL CARE Huntington Beach, CA 92648 KAREN ROPER DIRECTOR Dear Ms. Flynn; OC COMMUNITY SERVICES Enclosed please find one (1) fully executed Animal Care Notice of Intent (NOI) for the City MARK DENNY of Huntington Beach, for the fiscal year (FY) July 1, 2012 through June 30, 2013. DIRECTOR OC PARKS HELEN FRIED ? Sincerely, COUNTY LIBRARIAN OC PUBLIC LIBRARIES O Alan jAnal Budget OC Animal Care Enclosure OC ANIMAL CARE 561 THE CITY DRIVE SOUTH ORANGE, CA 92868 PHONE: 714.935.6848 FAX: 714.935.6373 Q 4 0 City Of Huntington Beach 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk July 24, 2012 Alan Young, Budget Analyst OCCR/OC Animal Care 561 The City Drive South Orange, CA 92868-3389 Dear Mr. Sorensen: Enclosed please find three originals of "Exhibit B to Agreement for Provision of OC Animal Care Services with City of Huntington Beach July 1, 2012 through June 30, 2013." Upon execution, please return one complete copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, JF: pe Enclosure: Agreements G:followup:agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand Esparza, Patty From: James, Mindy Sent: Tuesday, July 24, 2012 8:38 AM To: Esparza, Patty Cc: Young, Alan (OCCR); Bunetta, David Subject: RE: Animal Care Svc Contract Ni Patty, Please mail the contract to the below person and address: Alan Young Budget Analyst OCCR I OC ANIMAL CARE 561 The City Drive South, Orange CA 92868-3389 ph 714.796.64111 fax 714.935.6373 Community Resources ADPOINISTRATIVE SERVICES Thank you!! Mindy James, CPA Sr. Administrative Analyst City of Huntington Beach Police Department Direct: 714-536-5425 Fax: 714-374-1584 "Finish each day and be done with it. You have done what you could. Some blunders and absurdities have crept in; forget them as soon as you can. Tomorrow is a new day; you shall begin it serenely and with too high a spirit to be encumbered with your old nonsense." Ralph Waldo Emerson From: Esparza, Patty Sent: Tuesday, July 24, 2012 8:31 AM To, James, Mindy Subject: Animal Care Svc Contract Hi Mindy — the Mayor signed the agreements last night. Do you have someone specific that I should mail the contracts to? If so, please give me the name & address where it should be sent. Thanks! Patty Esparza, CMC Senior Deputy City Clerk City of Huntington Beach 71 4-536-5260 `'please think of trees before you print Council/Agency Meeting Held: Deferred/Continued to: *Approved ❑ Conditionally Approved ❑ Denied CYC16plts Sig tune Council Meeting Date: August 1, 2011 Department ID Number: PD-11-009 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Approve Exhibit B of the Orange County Animal Care Services contract for fiscal year 2011-2012 Statement of Issue: Since 1975, the City of Huntington Beach has contracted with the County of Orange for animal care services. These services include animal care field services; special services, such as license enforcement; barking dog complaint services and shelter services for stray and impounded animals. These services are contracted on an annual basis. This contract will allow for full service animal care services for the community. Financial Impact: The estimated contract amount of $595,236 is proposed in FY11-12 Police Department General Fund budget. No additional appropriations are necessary. Recommended Action: Motion to: A) Approve and authorize the Mayor to execute the contract, "Exhibit B to Agreement for Provision of OC Animal Care Services With City of Huntington Beach July 1, 2011 Through June 30, 2012;" and, B) Authorize the Chief of Police to expend up to $595,236 for animal care services. Alternative Action(s): Do not approve the Mayor to execute the contract between the City of Huntington Beach and the County of Orange and direct staff accordingly. HB -135- Item 11. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 8/01/2011 DEPARTMENT ID NUMBER: PD-11-009 Analysis: The County of Orange Health Care Agency has provided animal care and shelter services to Huntington Beach since 1975. In addition to Huntington Beach, the county provides services to 20 Orange County cities and the unincorporated areas of the county. The contract with the county provides for field services, special services, barking dog complaint services, and shelter services at a facility located at 561 The City Drive South in Orange. Animal care services are available 24 hours a day, 365 days a year. The annual contract period is from July 1 to June 30 of each year. If approved, this new contract period will cover July 1, 2011, to June 30, 2012. The animal care services are billed and paid on a quarterly cycle. The FY2011-12 estimated annual city payment for the animal care services is $595,236. This is a decrease of $44,402 from last year's annual city payment. The decrease is due to the Police Department's commitment to actively participate with the Health Care Agency in educating the community on dog licensing requirements. The education efforts are expected to increase licensing revenue and therefore decrease the cost of the services contract. Environmental Status: NA Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): 1. I"Exhibit B to Agreement for Provision of OC Animal Care Services With City of Huntington Beach July 1, 2011 Through June 30, 2012" Item 11. - 2 xB -136- ATTACHMENT EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH July 1, 2011 THROUGH June 30, 2012 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, 2011 through June 30, 2012. COUNTY agrees too-protiide to the City of HUNTINGTON BEACH the following Animal Care Services beginning July 1, 2011: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $595,236. ® 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 best o my knowle e, this notice specifies the Animal Care Services to be provided by COUNTY. August 9, 2011 ty of HUNT NGT B Representative and Title Date Jo Car o yor Ocza &VAnihial Care Director Date APPROVED AS TO FORM JENNIFER WGRATH, City Att- HliNT1NGTON BEACH 1 of] 1 \ P By�l��yJ� Deputy City Attorney (o O R A N G E G O U N T Y c5ccommunity Resources Our Community. Our Commitment. STEVE FRANKS DIRECTOR OC COMMUNITY RESOURCES RYAN DRABEK DIRECTOR OC ANIMAL CARE KAREN ROPER DIRECTOR OC COMMUNITY SERVICES MARK DENNY DIRECTOR OC PARKS HELEN FRIED COUNTY LIBRARIAN OC PUBLIC LIBRARIES OC ANIMAL CARE 561 THE CITY DRIVE SOUTH ORANGE, CA 92868 PHONE: 714.935.6848 FAX: 714.935.6373 August 16, 2011 Ms. Joan L. Flynn — City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Ms. Flynn: Enclosed please find one (1) fully executed Animal Care Notice of Intent (NOI) for the City of Huntington Beach for fiscal 2011-12. The NOI has been signed by Steve Franks, Director of OC Community Resources. Please retain this original for your files. Should you have questions regarding the NOI, please feel free to contact me at: 714-935- 6949. Sincerely, fLAAA Alan You Budget Ana yst OC Animal Care Enclosure AW O R f`. N G E C Q U N T Y -ty lr--%esources %,.ommuni Our Community. Our Commitment. May 27, 2011 STEVE FRANKS DIRECTOR OC COMMUNITY RESOURCES s City of Huntington Beach Lt Steve Bushhousen, Huntington Beach Police Department 2000 South Main Street RYAN DRABEK ; Huntington Beach, CA 92648 DIRECTOR OC ANIMAL CARE Dear Lt. Bushhousen: KAREN ROPER Enclosed please find three (3) copies of a revised Animal Care Notice of Intent (NOI) for DIRECTOR the City of Huntington Beach (City), which includes a list of Animal Care Services the OC COMMUNITY SERVICES County of Orange (County) intends to provide during the upcoming fiscal year (FY) July 1, 2011 through June 30, 2012 at an estimated net cost (expenses offset by revenues) of MARK DENNY ! 595 236. This negotiated cost estimate assumes no change to the services indicated in DIRECTOR i the FY 2010/11 NOI (copy enclosed). OC PARKS For fiscal 2011-12, there is no planned increase in the total estimated net cost for all HELEN FRIED + contract cities and the County compared with 2010-11. OC Animal Care has not COUNTY LIBRARIAN increased the total budgeted cost of the contract cities and the County (the "City Budget") OC PUBLIC LIBRARIES ' since the fiscal year 2008-09. Higher costs incurred by individual cities compared to the NOI estimate are the result of increased utilization of services. OC ANIMAL CARE 561 THE CITY DRIVE SOUTH ORANGE, CA 92868 PHONE: 714.935.6848 FAX: 714.935.6373 As stated in the current Agreement for Provision of OC Animal Care Services, "The most recent animal care services fees approved by the County of Orange Board of Supervisors shall be used in determining CITY's Actual Cost of Animal Care Services." The current fees were approved by the Board on July 29, 2008. Please note that the $595,236 net cost figure is an estimate only, and the actual cost for FY 2011/12 may be higher, or lower, depending on the number of services performed by OC Animal Care for the City and its residents, the total cost of providing those services, and the fees collected from residents. OC Animal Care is diligently working to collect additional revenue by improving dog licensing compliance in all of its contract cities. There are a number of things the City can do to improve the amount of dog licensing revenue, such as posting a link in your City's website to the OC Animal Care website which would allow residents to license their dogs online. In addition, members of your police and code enforcement departments can inform OC Animal Care about all unlicensed dogs they encounter. We can then follow up 4 with these individuals to collect all applicable licensing fees, which will reduce the City's net cost. OC Animal Care will closely monitor the City's costs throughout the year, and should circumstances warrant, a revised net cost estimate will be provided. Please review the enclosed NOI for FY 2011/12, obtain the signature of your city's authorized representative on all three copies, and return the three signed copies to: OC Animal Care ATTN: Alan Young 561 The City Drive South Orange, CA 92868 FOv After the County's OC Animal Care Director or designee signs the NOI, I will return a copy of the NOI, with original signatures to you. Should you have questions regarding the NOI or the FY 2011/12 cost estimate, please feel free to contact me at: 714-935-6949. Sincerely, Alan Young Budget Analyst OC Animal Care s Enclosures F City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk August 11, 2011 OC Animal Care ATTN: Alan Young 561 The City Drive South Orange, CA 92868 Dear Mr. Young: Enclosed please find four original "Exhibit B to Agreement for Provision of OC Animal Care Services with City of Huntington Beach July 1, 2011 Through June 30, 2012". Upon execution by the County, please return a complete copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, JF: pe Enclosure: Agreements G:f6IIowup:agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Sunday, July 31, 2011 4:54 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 8848 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Description: I am a former resident for 11 years of Huntington Beach. I currently reside in Laguna Beach and work in Newport Beach. I am hoping you will consider a tri-city animal shelter to support the communities of Costa Mesa, Newport Beach and Huntington Beach. Thank you for considering this proposal. Sincerely, Sandra Nealon Expected Close Date: 08/01/2011 Click here to access the reauest Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. COMMUNICATION Council/Agency Meeting Held: 00/0 Deferred/Continued to: App ved ❑ Conditionally Approved ❑ Denied SuAtPO C` y I eerks Sig tune Council Meeting Date: June 21, 2010 Department ID Number: PD-10-007 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Approve Animal Care Services contract renewal Exhibit B with the County of Orange for FY 2010/11; and, authorize the Chief of Police to expend up to $639,638 for animal care services Statement of Issue: Since 1975 the City of Huntington Beach has contracted with the County of Orange for animal care services. These services include animal care field services; special services, such as license enforcement; and shelter services for stray and impounded animals. These services are contracted on an annual basis. This contract will allow for full service animal care services for the community. Financial Impact: The estimated contract amount of $639,638 is proposed in the 2010-2011 Police Department General Fund budget. No additional appropriations are necessary. Recommended Action: Motion to: A) Approve and authorize the Mayor to execute the contract Exhibit B between the City of Huntington Beach and the County of Orange for the provision of animal care services; and, B) Authorize the Chief of Police to expend up to $639,638 for animal care services. Alternative Action(s): Do not approve the Mayor to execute the contract between the City of Huntington Beach and the County of Orange and direct staff accordingly. -59- Item 6. - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 6/21/2010 DEPARTMENT ID NUMBER: PD-10-007 Analysis: The County of Orange Health Care Agency has provided animal care and shelter services to Huntington Beach since 1975. In addition to Huntington Beach, the county provides services to 20 Orange County cities and the unincorporated areas of the county. The contract with the county provides for field services, special services and shelter services at a facility located at 561 The City Drive South in Orange. Animal care services are available 24 hours a day, 365 days a year. The annual contract period is from July 1 to June 30 of each year. If approved, this new contract period will cover July 1, 2010 to June 30, 2011. The animal care services are billed and paid on a quarterly cycle. The FY2010-11 estimated annual city payment for the animal care services is $639,638. This is an increase of $18,538 from last year's annual city payment. On April 22, 2009, the City sent a letter to the County requesting the County to reduce their fee by ten percent. The County indicated that they are not able to reduce the fees since the fees are based on the service usages. Their bill adjusts accordingly when the service usages reduce. Environmental Status: NA Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): Animal Control Service Contract Exhibit B only (three original copies) Item 6. - Page 2 -60- ATTACHMENT #1 EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH July 1, 2010 THROUGH June 30, 2011 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, 2010 through June 30, 2011 COUNTY agrees to provide to the City of HUNTINGTON BEACH the following Animal Care Services beginning July 1, 2010 Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $639,638 ® 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 best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY City of HU Cat HUNTINGTON BEACH 6/24/10 BEACH Representative and Title Date Mayor Animal Care Director APPROVED AS TO FORM D to JENNIFFER McGRATH City Attorney ByC� --(( ` n I of I Deputy City Attorney S I f �O City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK .ROAN L. FLYNN CITY CLERK June 25, 2010 County of Orange OC Community Resources OC Animal Care Director 561 The City Drive South Orange, CA 92868 To whom it may concern: Enclosed please find three originals of Exhibit B to the Agreement for Provision of OC Animal Care Services between the County of Orange Animal Care Services and the City of Huntington Beach. Upon execution, please return a copy to: Joan Flynn City Clerk 2000 Main Street — 2"d Floor Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, JF:pe Enclosure: Agreements G: followup:agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand 1Telephone: 714-536-5227 ) Council/Agency Meeting Held: Deferred/Continued to: X Apprgved, JW—Condii Council Meeting Date: ied 7/6/2009 1 Department ID Number: PD-09-013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUDQL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMIN PREPARED BY: KENNETH W. SMALL, CHIEF OF POLICJE�eI�(' Cof SUBJECT: Approve Animal Care Services FY09-10 Contract Exhibit B Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Since 1975 the City of Huntington Beach has contracted with the County of Orange for animal care services. These services include animal care field services; special services, such as license enforcement; and shelter services for stray and impounded animals. These services are contracted on an annual basis. This contract will allow for full service animal care services for the community. Funding Source: The estimated contract amount of $615,982 is proposed in the 2009-2010 Police Department General Fund budget. No additional appropriations are necessary. Recommended Action: Motion to: 1. Approve and authorize the Mayor to execute the contract exhibit B between the City of Huntington Beach and the County of Orange for the provision of animal care services; and 2. Authorize the Chief of Police to expend up to $615,982 for animal care services. Alternative Action(s): Do not approve the Mayor , to execute the contract between the City of Huntington Beach and the County of Orange and direct staff accordingly. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/6/2009 DEPARTMENT ID NUMBER: PD-09-013 Analysis: The County of Orange Health Care Agency has provided animal care and shelter services to Huntington Beach since 1975. In addition to Huntington Beach, the county provides services to 20 Orange County cities and the unincorporated areas of the county. The contract with the county provides for field services, special services and shelter services at a facility located at 561 The City Drive South in Orange. Animal care services are available 24 hours a day, 365 days a year. The annual contract period is from July 1 to June 30 of each year. If approved, this new contract period will cover July 1, 2009 to June 30, 2010. The animal care services are billed and paid on a quarterly cycle. T estimated. annual city payment for the animal care services is $615,98 Strategic Plan Goal: Maintain and enhance public safety. Environmental Status: N/A Attachment(s): 2. Animal Control Service Contract Exhibit B only (three original copies) 2. 1Agreement for Provision of OC Animal Care Services Between County of Orange and City of Huntington Beach January 1, 2009 Through June 30, 2009 -2- 6/25/2009 9:25 AM ATTACHMENT #1 EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH July 1, 2009 THROUGH June 30, 2010 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, 2009 through June 30, 2010. COUNTY agrees to provide to the City of HUNTINGTON BEACH the following Animal Care Services beginning July 1, 2009: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $615,982. ® 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 best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. y of NT TON BEACH Representative and Title IT OHR, MAYOR ( OC Animal Care Director APPROVED AS TO FORM JENNIFER McGRATH, City Attomey Ey Q HUNTINGTON BEACH I of I Deputy City Attomey 7e?o o� Date U U ate ATTACHMENT #2 _ Y _ I AGREEMENT FOR PROVISION OF 2 OC ANIMAL CARE SERVICES 3 BETWEEN 4 COUNTY OF ORANGE 5 AND 6 CITY OF HUNTINGTON BEACH 7 JANUARY 1, 2009 THROUGH JUNE 30, 2009 8 9 THIS AGREEMENT entered into this 1st day of January 2009, which date is enumerated for 10 purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the 11 State of California (COUNTY) and the CITY OF HUNTINGTON BEACH, a municipal corporation 12 (CITY). This Agreement shall be administered by County of Orange OC Community Resources 13 (ADMINISTRATOR). 14 15 WITNESSETH: 16 17 WHEREAS, CITY wishes to contract with COUNTY for the provision of the OC Animal Care 18 Services described herein; and 19 WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions 20 hereinafter set forth: 21 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 22 // 23 // 24 25 26 27 28 29 // 30 31 // 32 33 34 // 35 36 37 // 'k, F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 CONTENTS PARAGRAPH PAGE TitlePage................................................................................................................................. Contents................................................................................................................................... Referenced Contract Provisions.............................................................................................. I. Alteration of Terms................................................................................................................. II. Indemnification and Insurance................................................................................................ III. Notices..................................................................................................................................... IV. Severability.............................................................................................................................. V. Status of the Parties................................................................................................................. VI. Term......................................................................................................................................... VII. Termination............................................................................................................................. VIII. Third Parry Beneficiary........................................................................................................... IX. Waiver of Default or Breach................................................................................................... SignaturePage......................................................................................................................... EXHIBIT A I. Definitions............................................................................................................................. U. Services to be Provided by County....................................................................................... III. Payments................................................................................................................................ W. Financial/Operational Advisory Board................................................................................. V. Laws and Regulations........................................................................................................... VI. Reports................................................................................................................................... VII. Records.................................................................................................................................. 1 2 3 4 4 5 5 5 6 6 6 6 7 1 1 4 4 5 6 6 EXHIBIT B AnimalCare Notice of Intent............................................................................................... 1 Page Huntington Beach 2 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKK- ¢, 5 1 REFERENCED CONTRACT PROVISIONS 2 3 Term: JANUARY 1, 2009 through JUNE 30, 2009 4 5 Notices to COUNTY and CITY: 6 7 COUNTY: County of Orange 8 OC Community Resources Director's Office 9 1770 North Broadway 10 Santa Ana, CA 92706-2642 11 and 12 County of Orange 13 OC Community Resources 14 OC Animal Care Director 561 The City Drive South 15 Orange, CA 92868 16 17 18 CITY: Lt. Tom Donnelly 19 Huntington Beach Police Deparment City of Huntington Beach 20 2000 Main Street 21 Huntington Beach, CA 92648 22 // 23 24 25 26 27 28 29 30 31 32 // 33 // 34 // 35 // 36 37 Huntington Beach 3 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKK- 1 I. ALTERATION OF TERMS 2 This Agreement, together with Exhibit A and B, attached hereto and incorporated herein by 3 reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of 4 this Agreement, and shall constitute the total Agreement between the parties for these purposes. No 5 addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless 6 made in writing and formally approved and executed by both COUNTY and CITY. 7 8 II. INDEMNIFICATION AND INSURANCE 9 A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials, 10 officers, employees, agents and those special districts and agencies for which COUNTY's Board of 11 Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, 12 demands, including -defense costs, or liability of any kind or nature, including but not limited to personal 13 injury or property damage, arising from or related to the services, products or other performance 14 provided by CITY pursuant to this Agreement. If judgment is entered against CITY and COUNTY by a 15 court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY 16 INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the 1.7 court. Neither parry shall request a jury apportionment. 18 B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers, 19 employees, agents, directors, members, shareholders and/or affiliates harmless from any claims, 20 demands, including defense costs, or liability of any kind or nature, including but not limited to, 21 personal injury or property damage, arising from or related to the services, products or other 22 performance provided by COUNTY pursuant to this Agreement. If judgment is entered against 23 COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of 24 CITY, COUNTY and CITY agree that liability will be apportioned as determined by the court. Neither 25 party shall request a jury apportionment. 26 C. Each party agrees to provide the indemnifying parry with written notification of any claim 27 related to services provided by either party pursuant to this Agreement within thirty (30) calendar days 28 of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation, 29 each party shall cooperate with the indemnifying party in its defense. 30 D. Without limiting CITY's indemnification, CITY warrants that it is self -insured or shall maintain 31 in force at all times during the term of this Agreement, the policy or policies of insurance covering its 32 operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY 33 shall provide evidence of such insurance. 34 E. Without limiting COUNTY's indemnification, COUNTY warrants that it is self -insured or shall 35 maintain in force at all times during the term of this Agreement, the policy or policies of insurance 36 covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY 37 shall provide evidence of such insurance. Huntington Beach 4 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACS 1CRAKKoo 11, 21 3 4 5 .6' 711 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 parry 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 parry's employees, agents, consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its employees, agents, consultants, or subcontractors as they relate to the services to be provided during the course and scope of their employment. Each party, its agents, employees, or subcontractors, shall not be Huntington Beach 5 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo I entitled to any rights or privileges of the other party's employees and shall not be considered in any 2 manner to be employees of the other parry. 3 4 VI. TERM 5 A. The term of this Agreement shall commence as specified on Page 3 of this Agreement. 6 B. The term of this Agreement shall be automatically renewed each July for twelve (12) additional 7 months, provided no notice of termination has been given by either CITY or COUNTY in accordance 8 with the Termination paragraph of this Agreement. 9 10 VII. TERMINATION 11 A. Either party may terminate this Agreement, without cause, upon six (6) months written notice 12 given to other party. 13 B. Both parties shall be obligated to perform such duties as would normally extend beyond this 14 term, including but not limited to, obligations with respect to confidentiality, indemnification, audits, 15 reporting and accounting. 16 C. Any obligation of COUNTY under this Agreement is contingent upon the inclusion of sufficient 17 funding for the services hereunder in the applicable budgets approved by the Board of Supervisors. In 18 the event such funding is subsequently reduced or terminated, COUNTY may terminate this Agreement 19 upon thirty (30) calendar days written notice given to CITY. 20 21 VIII. THIRD PARTY BENEFICIARY 22 Neither party hereto intends that this Agreement shall create rights hereunder in third parties 23 including, but not limited to, any subcontractors or any clients provided services hereunder. 24 25 IX. WAIVER OF DEFAULT OR BREACH 26 Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any 27 breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. 28 Waiver of any default or any breach shall not be considered a modification of the terms of this 29 Agreement. 30 H 31 32 33 34 H 35 H 36 H 37 H Huntington Beach 6 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master -Doc ACS ICRAKKoo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. CITY OF HUNTINGTON BEACH, a municipal corporation BY: � 8 DATED: MAYOR ATTEST: BY: DATED,2E L`7V61---0— 62�Q r —Z� CITY CLERIV APPROVED AS TO FORM: ry� c BY: DATED: CITY ATTO Y &0 lk l "kor6 COUNTY OF N BY:'�-J// TITLE: Oo c , APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA DATED: 3 y BY: �'DATED: DEPUTY Ao-2-?-off Huntington Beach 7 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master. Doc ACSICRAKKoc 7 I EXHIBIT A 2 TO AGREEMENT FOR PROVISION OF 3 OC ANIMAL CARE SERVICES 4 WITH 5 CITY OF HUNTINGTON BEACH 6 JANUARY 1, 2009 THROUGH JUNE 30, 2009 7 8 I. DEFINITIONS 9 10 A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing 11 Animal Care Services to CITY pursuant to this Agreement. 12 B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of 13 COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, 14 the estimated cost of the services, and the effective date. 15 C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as 16 specified, by category, in Paragraph II.B. of Exhibit A to this Agreement. 17 D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by 18 COUNTY to CITY pursuant to this Agreement. 19 E. "Fiscal Year" means a twelve (12)-month period from July through June. 20 F. "Net Cost" means Actual Cost minus Fee Revenue. 21 G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service 22 category. 23 24 II. SERVICES TO BE PROVIDED BY COUNTY 25 A. ANIMAL CARE NOTICE OF INTENT 26 1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified 27 below in subparagraph II.B. of Exhibit A to this Agreement, CITY would like COUNTY to provide 28 during the next Fiscal Year. 29 2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of 30 Intent which shall include, but not be limited to, a list of Animal Care Services COUNTY agrees to 31 provide, estimated costs for said services, and the start date for those services. COUNTY shall provide 32 the Animal Care Services specified in the Animal Care Notice of Intent signed by both 33 ADMINISTRATOR or designee, and an authorized representative of CITY. 34 3. Upon mutual agreement of CITY and COUNTY, COUNTY may prepare a new or amended 35 Animal Care Notice of Intent at any time, may change due dates specified in subparagraph II.A.1. and 36 II.A.2. of Exhibit A to this Agreement, and may modify the format of the Animal Care Notice of Intent 37 attached to this Agreement as Exhibit B. Huntington Beach I of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master -Doc ACS 1 CRAKK- 1 B. ANIMAL CARE SERVICES — COUNTY provides the following seven (7) categories of 2 Animal Care Services. Each category of service includes Service Details which may be added or 3 changed by ADMINISTRATOR upon six (6) months prior notification to CITY. COUNTY shall 4 provide to CITY the Animal Care Services specified on the most current, Animal Care Notice of Intent 5 for the Fiscal Year, signed in accordance with subparagraph II.A.2. of this Exhibit A to the Agreement. 6 1. ANIMAL CONTROL SERVICES — Animal Control Services include, but are not limited 7 to, emergency response service; patrolling; impounding of stray animals and of owner -released animals; 8 animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and 9 impound fee collection for impounded animals; quarantine activities including home checks of animals 10 involved in bites; site inspections required to comply with vicious dog ordinances; emergency 11 transportation of injured, impounded animals to a veterinarian; impounding of deceased animals for 12 disposal; responses to requests for assistance from law enforcement and CITY officials regarding 13 suspected criminal activities or zoning violations related to animals; advice to residents regarding 14 wildlife management or other animal concerns, not to include wildlife eradication or relocation services; 15 injured wildlife pick-up; animal license issuance and renewal, fee collection and payment services; 16 customer support regarding animal licensing; animal license billing; and delinquent animal license 17 follow-up; assistance to residents regarding potentially dangerous and/or vicious animals; impound data 18 entry; and impound animal photography. 19 2. ANIMAL CARE SPECIAL SERVICES 20 a. Animal Care Special Services include, but are not limited to animal license issuance 21 and renewal; fee collection and payment services; customer support regarding animal licensing; animal 22 license billing; delinquent animal license follow-up; animal field canvassing to locate and license 23 unlicensed animals; inspection of animal -related businesses in CITY jurisdiction in response to 24 complaints and in accordance with COUNTY established inspection schedules; and when applicable, 25 issuance of animal permits for private homes. 26 b. The number of hours of canvassing provided to CITY by COUNTY will be prorated 27 based on available canvassing hours and CITY percentage of costs of Animal Care Services received by 28 CITY during the previous Fiscal Year. At sole discretion of COUNTY, COUNTY may provide 29 canvassing services to cities that did not receive canvassing services in the previous Fiscal Year. 30 COUNTY may change its methodology for allocating canvassing hours upon six (6) months prior 31 notification to cities. 32 3. ANIMAL CARE SHELTER SERVICES 33 a. Animal Care Shelter Services include, but are not limited to, retention of impounded 34 animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner 35 identification; contact of owners when animals are wearing identification; sale or release of impounded 36 animals to residents; animal evaluation for adoption; reasonable effort toward animal placement; public 37 education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are Huntington Beach 2 of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo I neither redeemed nor adopted; veterinary services and spay/neuter surgeries consistent with standards 2 established by the California Veterinary Medical Board; and necropsies on animals that die under 3 suspicious circumstances or at the request of law enforcement. 4 b. CITY may request additional retention days for healthy, non -aggressive impounded 5 animals. Additional retention days will be offered to CITY upon written approval by COL7NTY's 6 OC Community Resources Director, or designee, on a space available basis only. 7 c. COUNTY agrees to maintain its Shelter in a humane manner, keep said premises in a 8 clean condition at all times, and use humane methods of care. 9 d. No animals may be donated, sold or otherwise released for the purposes of 10 experimentation, research or vivisection. 11 4. BARKING DOG COMPLAINT SERVICES — Barking Dog Compliant Services include, 12 but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding 13 barking dog complaints, issuance of citations, and administrative hearings in response to complaints 14 received by COUNTY for barking dogs within jurisdiction of CITY. 15 5. STANDARD LICENSING SERVICES — Standard Licensing Services include, but are not 16 limited to, animal license issuance and renewal, fee collection and payment services; customer support 17 regarding animal licensing; animal license billing; and delinquent animal license follow-up. 18 6. CITY LICENSE SERVICES 19 a. City License Services include, but are not limited to, issuance of CITY animal licenses 20 at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY. 21 COUNTY shall provide quarterly licensing reports to CITY. 22 b. CITY shall make its best effort to provide updated animal licensing information to 23 COUNTY. 24 7. ANIMAL IMPOUND SERVICES — Animal Impound Services include, but are not limited 25 to, data entry of impound information for each live or deceased animal from CITY, impound animal 26 photography for each live animal, owner notification of impounded animal, and posting of animal 27 photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged 28 by COUNTY. 29 C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services. 30 COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior 31 notification given to CITY. 32 D. Animals which are being retained for criminal prosecutions, except for violations of animal 33 control regulations and/or ordinances pursuant to this Agreement, are not to be construed as held 34 pursuant to the services provided under this Agreement; housing will be provided at the discretion of 35 COUNTY and at COUNTY's usual and customary charges for such housing. 36 E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance 37 from CITY, its officers, agents and employees. Huntington Beach 3 of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACS ICRAKK- 1 III. PAYMENTS 2 A. BASIS FOR PAYMENT 3 1. CITY shall pay COUNTY the Net Cost of providing Animal Care Services specified in 4 Animal Care Notice of Intent for CITY signed in accordance with subparagraph II.A. CITY Net Costs 5 may include services/supplies procured but not yet delivered within the Fiscal Year. 6 2. The methodology for determining CITY's Actual Cost of Animal Care Services shall be 7 provided to CITY annually in accordance with the Reports paragraph of this Agreement. The most 8 recent animal care services fees approved by the County of Orange Board of Supervisors shall be used in 9 determining CITY's Actual Cost of Animal Care Services. 10 3. COUNTY shall record and retain all Fee Revenue derived from providing Animal Care 11 Services to CITY. CITY's Fee Revenue shall be credited to CITY's Actual Cost of Animal Care 12 Services. COUNTY shall have all fee collection powers of CITY and shall receive full cooperation 13 from CITY to enable efficient enforcement of fee collection. 14 B. PAYMENT SCHEDULE 15 1. Each Fiscal Year, CITY shall pay COUNTY in arrears for the Net Cost of Animal Care 16 Services provided in accordance with the following payment schedule. Billings are due from COUNTY 17 to CITY within thirty (30) calendar days following the three-month Period specified below. 18 19 Period Billing Due Payment Due 20 July 1 through September 30 October 30 November 25 21 October 1 through December 31 January 30 February 25 22 January 1 through March 31 April 30 May 25 23 April 1 through June 30 July 30 August 25 24 25 2. If payment is not received by COUNTY by the payment due date specified above in 26 subparagraph III.B. of Exhibit A to this Agreement, COUNTY may cease providing any further service 27 under this Agreement and may satisfy the indebtedness in any manner prescribed by law. 28 3. COUNTY may modify the payment schedule upon six (6) months written notification to CITY. 29 30 IV. FINANCIAL/OPERATIONAL ADVISORY BOARD 31 The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY's 32 Director of OC Animal Care on financial and operational matters, to assess cost options, and to 33 communicate with the Orange County City Managers Association. The. Financial/Operational Advisory 34 Board shall be made up of seven (7) members, six (6) members appointed by the Orange County City 35 Managers Association and one (1) member appointed by COUNTY. COUNTY may change the 36 membership configuration of the Financial/Operation Advisory Board upon twelve (12) months written 37 notification to CITY. Huntington Beach 4 of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKK-o 1 V. LAWS AND REGULATIONS 2 A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements 3 related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall 4 enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services 5 provided by COUNTY to CITY may be changed to comply with said laws, regulations, and 6 requirements. ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact 7 Animal Care Services provided through this Agreement. 8 B. Upon mutual agreement between COUNTY and CITY, COUNTY will continue to enforce 9 existing animal care ordinances that COUNTY enforced within CITY jurisdiction during the period 10 July 1, 2007 through June 30, 2008. If COUNTY did not contract with CITY for animal care services 11 during the period July 1, 2007 through June 30, 2008, COUNTY and CITY shall identify CITY animal 12 care ordinances that can be enforced by COUNTY. 13 C. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care 14 Notice of Intent, CITY shall enact and maintain in full force and effect ordinances identical to COUNTY 15 ordinances which apply to said service, including but not limited to, those related to fees. 16 ADMINISTRATOR shall notify CITY of the deadline for adopting said ordinances. If COUNTY is 17 unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of 18 CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend 19 provision of one or all Animal Care Services to CITY or may terminate this Agreement. 20 D. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of 21 COUNTY animal care ordinances. COUNTY may enforce the provisions of, and issue citations for 22 violations pursuant to, CITY's codified ordinances. 23 E. CITY shall notify COUNTY of its intent to add, amend, or delete any CITY animal care 24 ordinance at least ninety (90) calendar days in advance of its addition, amendment, or deletion. 25 F. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY. 26 Requests for exclusion must be submitted in writing and received by COUNTY ninety (90) calendar 27 days prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if 28 they are not in conflict with state statutes and do not endanger public health. COUNTY shall notify 29 CITY, in writing, of COUNTY's decision regarding the requested exclusion. 30 G. COUNTY's OC Community Resources Director, or designee, may provide assistance to CITY 31 in defining the manner in which enforcement of a new or amended animal care ordinance would be 32 provided by COUNTY. Requests for assistance must be made in writing and received by COUNTY 33 ninety (90) calendar days prior to the requested implementation of the service. If the cost of such service 34 can be delineated and accommodated by COUNTY, COUNTY will send an amended Animal Care 35 Notice of Intent to CITY which will include reference to the CITY ordinance. 36 H. CITY will reimburse COUNTY for ordinance enforcement, as specified in the Payments 37 Paragraph of this Agreement. Huntington Beach 5 of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACS 1CRAKKoo I VI. REPORT'S 2 A. Each Fiscal Year, COUNTY shall provide to CITY written, quarterly reports of Animal Care 3 Services revenue and expenses for each period specified below. Said reports will be due to CITY within 4 thirty (30) calendar days of the month following the reporting period, in accordance with the schedule 5 below: 6 7 Period Reports Due 8 July 1 through September 30 October 30 9 October 1 through December 31 January 30 10 January 1 through March 31 April 30 11 April 1 through June 30 July 30 12 13 B. Each Fiscal Year, COUNTY shall provide the following Animal Care Services reports to CITY 14 by July 30: 15 1. A payment methodology report for Animal Care Services to be provided by COUNTY 16 during the next Fiscal Year and 17 2. A Fiscal Year intake and outcome report. 18 C. COUNTY may change the due dates for reports specified in subparagraphs VI.A. and VI.B. 19 above upon six (6) months written notification to CITY. 20 21 VII. RECORDS 22 A. All records created or received by COUNTY in accordance with the performance of COUNTY 23 services pursuant to this Agreement are confidential. COUNTY agrees to keep said records in such 24 form and manner as the Auditor -Controller of COUNTY shall specify. Said records shall be. open for 25 examination by CITY at all reasonable times. 26 B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses of each CITY licensed 27 animal upon demand without additional expense or cost to CITY. Any such information requested which 28 is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to 29 government code. Prior to each disclosure, CITY agrees to complete and return to COUNTY a 30 "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties agree and 31 understand that this procedure is required by the Public Records Act and necessitated to permit CITY to 32 obtain the information required for its use, and to allow COUNTY to disclose said information. Upon 33 receipt by COUNTY, the records requested may be released to the extent COUNTY is in possession of 34 such records, and permitted by state law to disclose them voluntarily. 35 H 36 37 Huntington Beach 6 of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKcc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH JANUARY 1, 2009 THROUGH JUNE 30, 2009 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: January 1, 2009 through June 30, 2009. COUNTY agrees to provide to the City of Huntington Beach the following Animal Care Services beginning January 1, 2009: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $400,206. ® 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 best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. City of if (kitiro Beach Representative and Title OC Animal Care Director Date 3y /01 Date Huntington Beach 1 of 1 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc EXHIBIT B ACS 1 CRAKKoo INITIATING DEPARTMENT: Police SUBJECT: Approve Animal Care Services Fiscal Year 2009-10 Contract Exhibit B COUNCIL MEETING DATE: July 6, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Notached t Applicable Staff Report (If applicable) Attached t Applicable Commission, Board or Committee.Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ) City Clerk ( ) I EXPLANATION FOR RETURN OF ITEM: RCA Author: Mindy James City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK July 22, 2009 County of Orange OC Community Resources OC Animal Care Director 561 The City Drive South Orange, CA 92868 To Whom It May Concern: Enclosed please find three originals of Exhibit B to the Agreement for Provision of OC Animal Care Services between the County of Orange Animal Care Services and the City of Huntington Beach. Upon execution, please return a complete copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, J "-*j - J490i an L. Flynn City Clerk JF:pe Enclosure: Agreements G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) Council/Agency Meeting Held: A)-b' ,� Deferred/Continued to: *Ap oved ❑ Conditionally Approved ❑ Denied • City&berks Ignatur Council Meeting Date: 12/15/2008 Department ID Number: PD-08-013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C UNCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMI TOR PREPARED BY: KENNETH W. SMALL, CHIEF O POLICE C'Q�A SUBJECT: Approve Animal Care Services FY08/09 Contract Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Since 1975 the City of Huntington Beach has contracted with the County of Orange for animal care services. These services include animal care field services; special services, such as license enforcement; and shelter services for stray and impounded animals. These services are contracted on an annual basis. This contract will allow for full service animal care services for the community. Funding Source: The total contract amount of $604,500 is budgeted in the 2008- 2009 Police Department General Fund budget. No additional appropriations are necessary. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute the contract between the City of Huntington Beach and the County of Orange for the provision of animal care services; and 2. Authorize the Chief of Police to expend up to $604,500 for animal care services. Alternative Action(s): Do not approve the Mayor and City Clerk to execute the contract between the City of Huntington Beach and the County of Orange and direct staff accordingly. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/15/2008 DEPARTMENT ID NUMBER: PD-08-013 Analysis: The County of Orange Health Care Agency has provided animal care and shelter services to Huntington Beach since 1975. In addition to Huntington Beach, the county provides services to 20 Orange County cities and the unincorporated areas of the county. The contract with the county provides for field services, special services and shelter services at a facility located at 561 The City Drive South in Orange. Animal care services are available 24 hours a day, 365 days a year. The annual contract period is from July 1 to June 30 of each year, with a clause to extend it to December 31. The current contract is utilizing the extension clause and is valid until December 31, 2008. If approved, this new contract period will cover January 1, 2009 to June 30, 2009. The animal care services are billed and paid on a quarterly cycle. The FY2008-09 estimated annual city payment for the animal care services is $604,500. Strategic Plan Goal: To provide public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: N/A Attachment(s): Animal Control Service Contract (three original copies) -2- 11 /6/2008 2:06 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES BETWEEN COUNTY OF ORANGE AND CITY OF HUNTINGTON BEACH JANUARY 1, 2009 THROUGH JUNE 30, 2009 THIS AGREEMENT entered into this 1 st day of January 2009, 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 HUNTINGTON BEACH, a municipal corporation (CITY). This Agreement shall be administered by County of Orange OC Community Resources (ADMINISTRATOR). WITNESSETH: WHEREAS, CITY wishes to contract with COUNTY for the provision of the OC 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: // // // // // // // // // // // // // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 CONTENTS PARAGRAPH PAGE TitlePage................................................................................................................................. 1 Contents................................................................................................................................... 2 Referenced Contract Provisions.............................................................................................. 3 I. Alteration of Terms................................................................................................................. 4 Il. 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........................................................................................................... 6 IX. Waiver of Default or Breach................................................................................................... 6 SignaturePage......................................................................................................................... 7 EXHIBIT A I. Definitions ............................................ II. Services to be Provided by County ...... III. Payments ............................................... IV. Financial/Operational Advisory Board V. Laws and Regulations .......................... VI. Reports .................................................. VII. Records ................................................. EXHIBIT B Animal Care Notice of Intent ............. // // // // // // // ............................................................................... 1 ............................................................................... 1 .............................................••................................ 4 ............................................................................... 4 ............................................................................... 5 ............................................................................... 6 ............................................................................... 6 1 Page Huntington Beach 2 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo I REFERENCED CONTRACT PROVISIONS 2 3 Term: JANUARY 1, 2009 through JUNE 30, 2009 4 5 Notices to COUNTY and CITY: 6 7 COUNTY: County of Orange 8 OC Community Resources 9 Director's Office 1770 North Broadway 10 Santa Ana, CA 92706-2642 11 and 12 County of Orange 13 OC Community Resources 14 OC Animal Care Director 561 The City Drive South 15 Orange, CA 92868 16 17 18 CITY: Lt. Tom Donnelly 19 Huntington Beach Police Deparment City of Huntington Beach 20 2000 Main Street 21 Huntington Beach, CA 92648 22 // 23 24 25 // 26 27 28 29 30 31 32 33 34 // 35 // 36 // 37 // Huntington Beach 3 of 7 Z:AASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo 1 L ALTERATION OF TERMS 2 This Agreement, together with Exhibit A and B, attached hereto and incorporated herein by 3 reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of 4 this Agreement, and shall constitute the total Agreement between the parties for these purposes. No 5 addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless 6 made in writing and formally approved and executed by both COUNTY and CITY. 7 8 II. INDEMNIFICATION AND INSURANCE 9 A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials, 10 officers, employees, agents and those special districts and agencies for which COUNTY's Board of 11 Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, 12 demands, including defense costs, or liability of any kind or nature, including but not limited to personal 13 injury or property damage, arising from or related to the services, products or other performance 14 provided by CITY pursuant to this Agreement. If judgment is entered against CITY and COUNTY by a 15 court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY 16 INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the 17 court. Neither party shall request a jury apportionment. 18 B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers, 19 employees, agents, directors, members, shareholders and/or affiliates harmless from any claims, 20 demands, including defense costs, or liability of any kind or nature, including but not limited to, 21 personal injury or property damage, arising from or related to the services, products or other 22 performance provided by COUNTY pursuant to this Agreement. If judgment is entered against 23 COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of 24 CITY, COUNTY and CITY agree that liability will be apportioned as determined by the court. Neither 25 party shall request a jury apportionment. 26 C. Each party agrees to provide the indemnifying party with written notification of any claim 27 related to services provided by either party pursuant to this Agreement within thirty (30) calendar days 28 of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation, 29 each party shall cooperate with the indemnifying party in its defense. 30 D. Without limiting CITY's indemnification, CITY warrants that it is self -insured or shall maintain 31 in force at all times during the term of this Agreement, the policy or policies of insurance covering its 32 operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY 33 shall provide evidence of such insurance. 34 E. Without limiting COUNTY's indemnification, COUNTY warrants that it is self -insured or shall 35 maintain in force at all times during the term of this Agreement, the policy or policies of insurance 36 covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY 37 shall provide evidence of such insurance. Huntington Beach 4 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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. SEVERABIILITY 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 PANTIES Each party is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. Each party is entirely responsible for compensating staff and consultants employed by that party. This Agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of either party's employees, agents, consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its employees, agents, consultants, or subcontractors as they relate to the services to be provided during the course and scope of their employment. Each party, its agents, employees, or subcontractors, shall not be Huntington Beach 5 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo I entitled to any rights or privileges of the other party's employees and shall not be considered in any 2 manner to be employees of the other party. 3 4 VI. TERM 5 A. The term of this Agreement shall commence as specified on Page 3 of this Agreement. 6 B. The term of this Agreement shall be automatically renewed each July for twelve (12) additional 7 months, provided no notice of termination has been given by either CITY or COUNTY in accordance 8 with the Termination paragraph of this Agreement. 9 10 VII. TERMINATION 11 A. Either party may terminate this Agreement, without cause, upon six (6) months written notice 12 given to other party. 13 B. Both parties shall be obligated to perform such duties as would normally extend beyond this 14 term, including but not limited to, obligations with respect to confidentiality, indemnification, audits, 15 reporting and accounting. 16 C. Any obligation of COUNTY under this Agreement is contingent upon the inclusion of sufficient 17 funding for the services hereunder in the applicable budgets approved by the Board of Supervisors. In 18 the event such funding is subsequently reduced or terminated, COUNTY may terminate this Agreement 19 upon thirty (30) calendar days written notice given to CITY. 20 21 VIII. THIRD PARTY BENEFICIARY 22 Neither party hereto intends that this Agreement shall create rights hereunder in third parties 23 including, but not limited to, any subcontractors or any clients provided services hereunder. 24 25 IX. WAIVER OF DEFAULT OR BREACH 26 Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any 27 breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. 28 Waiver of any default or any breach shall not be considered a modification of the terms of this 29 Agreement. 30 H 31 H 32 33 H 34 H 35 H 36 H 37 // Huntington Beach 6 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. CITY OF HUNTINGTON BEACH, a municipal corporation BY: DATED: MAYOR ATTEST: BY: DATED... CITY CLERIV APPROVED AS TO FORM: BY: ry�DATED: CITYATTOR4YDo 1446WF6 COUNTY OF DATED:3A(/C71 TITLE: l� APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA BY: �'� DATED: DEPUTY Gc-27—o , Huntington Beach 7 of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo I EXHIBIT A 2 TO AGREEMENT FOR PROVISION OF 3 OC ANIMAL CARE SERVICES 4 WITH 5 CITY OF HUNTINGTON BEACH 6 JANUARY 1, 2009 THROUGH JUNE 30, 2009 7 8 1. DEFINITIONS 9 10 A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing 11 Animal Care Services to CITY pursuant to this Agreement. 12 B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of 13 COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, 14 the estimated cost of the services, and the effective date. 15 C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as 16 specified, by category, in Paragraph II.B. of Exhibit A to this Agreement. 17 D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by 18 COUNTY to CITY pursuant to this Agreement. 19 E. "Fiscal Year" means a twelve (12)-month period from July through June. 20 F. "Net Cost" means Actual Cost minus Fee Revenue. 21 G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service 22 category. 23 24 11. SERVICES TO BE PROVIDED BY COUNTY 25 A. ANIMAL CARE NOTICE OF INTENT 26 1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified 27 below in subparagraph II.B. of Exhibit A to this Agreement, CITY would like COUNTY to provide 28 during the next Fiscal Year. 29 2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of 30 Intent which shall include, but not be limited to, a list of Animal Care Services COUNTY agrees to 31 provide, estimated costs for said services, and the start date for those services. COUNTY shall provide 32 the Animal Care Services specified in the Animal Care Notice of Intent signed by both 33 ADMINISTRATOR or designee, and an authorized representative of CITY. 34 3. Upon mutual agreement of CITY and COUNTY, COUNTY may prepare a new or amended 35 Animal Care Notice of Intent at any time, may change due dates specified in subparagraph II.A.1. and 36 II.A.2. of Exhibit A to this Agreement, and may modify the format of the Animal Care Notice of Intent 37 attached to this Agreement as Exhibit B. Huntington Beach I of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo I B. ANIMAL CARE SERVICES — COUNTY provides the following seven (7) categories of 2 Animal Care Services. Each category of service includes Service Details which may be added or 3 changed by ADMINISTRATOR upon six (6) months prior notification to CITY. COUNTY shall 4 provide to CITY the Animal Care Services specified on the most current, Animal Care Notice of Intent 5 for the Fiscal Year, signed in accordance with subparagraph II.A.2. of this Exhibit A to the Agreement. 6 1. ANIMAL CONTROL SERVICES — Animal Control Services include, but are not limited 7 to, emergency response service; patrolling; impounding of stray animals and of owner -released animals; 8 animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and 9 impound fee collection for impounded animals; quarantine activities including home checks of animals 10 involved in bites; site inspections required to comply with vicious dog ordinances; emergency 11 transportation of injured, impounded animals to a veterinarian; impounding of deceased animals for 12 disposal; responses to requests for assistance from law enforcement and CITY officials regarding 13 suspected criminal activities or zoning violations related to animals; advice to residents regarding 14 wildlife management or other animal concerns, not to include wildlife eradication or relocation services; 15 injured wildlife pick-up; animal license issuance and renewal, fee collection and payment services; 16 customer support regarding animal licensing; animal license billing; and delinquent animal license 17 follow-up; assistance to residents regarding potentially dangerous and/or vicious animals; impound data 18 entry; and impound animal photography. 19 2. ANIMAL CARE SPECIAL SERVICES 20 a. Animal Care Special Services include, but are not limited to animal license issuance 21 and renewal; fee collection and payment services; customer support regarding animal licensing; animal 22 license billing; delinquent animal license follow-up; animal field canvassing to locate and license 23 unlicensed animals; inspection of animal -related businesses in CITY jurisdiction in response to 24 complaints and in accordance with COUNTY established inspection schedules; and when applicable, 25 issuance of animal permits for private homes. 26 b. The number of hours of canvassing provided to CITY by COUNTY will be prorated 27 based on available canvassing hours and CITY percentage of costs of Animal Care Services received by 28 CITY during the previous Fiscal Year. At sole discretion of COUNTY, COUNTY may provide 29 canvassing services to cities that did not receive canvassing services in the previous Fiscal Year. 30 COUNTY may change its methodology for allocating canvassing hours upon six (6) months prior 31 notification to cities. 32 3. ANIMAL CARE SHELTER SERVICES 33 a. Animal Care Shelter Services include, but are not limited to, retention of impounded 34 animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner 35 identification; contact of owners when animals are wearing identification; sale or release of impounded 36 animals to residents; animal evaluation for adoption; reasonable effort toward animal placement; public 37 education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are Huntington Beach 2 of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSI CRAKKoo I neither redeemed nor adopted; veterinary services and spay/neuter surgeries consistent with standards 2 established by the California Veterinary Medical Board; and necropsies on animals that die under 3 suspicious circumstances or at the request of law enforcement. 4 b. CITY may request additional retention days for healthy, non -aggressive impounded 5 animals. Additional retention days will be offered to CITY upon written approval by COUNTY's 6 OC Community Resources Director, or designee, on a space available basis only. 7 c. COUNTY agrees to maintain its Shelter in a humane manner, keep said premises in a 8 clean condition at all times, and use humane methods of care. 9 d. No animals may be donated, sold or otherwise released for the purposes of 10 experimentation, research or vivisection. 11 4. BARKING DOG COMPLAINT SERVICES — Barking Dog Compliant Services include, 12 but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding 13 barking dog complaints, issuance of citations, and administrative hearings in response to complaints 14 received by COUNTY for barking dogs within jurisdiction of CITY. 15 5. STANDARD LICENSING SERVICES — Standard Licensing Services include, but are not 16 limited to, animal license issuance and renewal, fee collection and payment services; customer support 17 regarding animal licensing; animal license billing; and delinquent animal license follow-up. 18 6. CITY LICENSE SERVICES 19 a. City License Services include, but are not limited to, issuance of CITY animal licenses 20 at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY. 21 COUNTY shall provide quarterly licensing reports to CITY. 22 b. CITY shall make its best effort to provide updated animal licensing information to 23 COUNTY. 24 7. ANIMAL IMPOUND SERVICES — Animal Impound Services include, but are not limited 25 to, data entry of impound information for each live or deceased animal from CITY, impound animal 26 photography for each live animal, owner notification of impounded animal, and posting of animal 27 photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged 28 by COUNTY. 29 C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services. 30 COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior 31 notification given to CITY. 32 D. Animals which are being retained for criminal prosecutions, except for violations of animal 33 control regulations and/or ordinances pursuant to this Agreement, are not to be construed as held 34 pursuant to the services provided under this Agreement; housing will be provided at the discretion of 35 COUNTY and at COUNTY's usual and customary charges for such housing. 36 E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance 37 from CITY, its officers, agents and employees. Huntington Beach 3 of 6 EXHIBIT A Z:AASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKK- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 111. PAYMENT'S 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. The most recent animal care services fees approved by the County of Orange Board of Supervisors 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 July 1 through September 30 October 1 through December 31 January 1 through March 31 April 1 through June 3 0 Billing Due Payment Due October 30 November 25 January 30 February 25 April 30 May 25 July 30 August 25 2. 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. 3. COUNTY may modify the payment schedule upon six (6) months written notification to CITY. IV. FINANCIAL/OPERATIONAL ADVISORY BOAR The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY's Director of OC Animal Care on financial and operational matters, to assess cost options, and to communicate with the Orange County City Managers Association. The Financial/Operational Advisory Board shall be made up of seven (7) members, six (6) members appointed by the Orange County City Managers Association and one (1) member appointed by COUNTY. COUNTY may change the membership configuration of the Financial/Operation Advisory Board upon twelve (12) months written notification to CITY. Huntington Beach 4 of 6 Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc EXHIBIT A ACS 1 CRAKKao 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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. Upon mutual agreement between COUNTY and CITY, COUNTY will continue to enforce existing animal care ordinances that COUNTY enforced within CITY jurisdiction during the period July 1, 2007 through June 30, 2008. If COUNTY did not contract with CITY for animal care services during the period July 1, 2007 through June 30, 2008, COUNTY and CITY shall identify CITY animal care ordinances that can be enforced by COUNTY. C. 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. D. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of COUNTY animal care ordinances. COUNTY may enforce the provisions of, and issue citations for violations pursuant to, CITY's codified ordinances. 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 COUNTY not be enforced in CITY. 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. Huntington Beach 5 of 6 ZAASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc EXHIBIT A ACS 1 CRAKKoo I VI. REPORTS 2 A. Each Fiscal Year, COUNTY shall provide to CITY written, quarterly reports of Animal Care 3 Services revenue and expenses for each period specified below. Said reports will be due to CITY within 4 thirty (30) calendar days of the month following the reporting period, in accordance with the schedule 5 below: 6 7 Period Reports Due 8 July 1 through September 30 October 30 9 October 1 through December 31 January 30 10 January 1 through March 31 April 30 11 April 1 through June 30 July 30 12 13 B. Each Fiscal Year, COUNTY shall provide the following Animal Care Services reports to CITY 14 by July 30: 15 1. A payment methodology report for Animal Care Services to be provided by COUNTY 16 during the next Fiscal Year and 17 2. A Fiscal Year intake and outcome report. 18 C. COUNTY may change the due dates for reports specified in subparagraphs VI.A. and VI.B. 19 above upon six (6) months written notification to CITY. 20 21 VII. RECORDS 22 A. All records created or received by COUNTY in accordance with the performance of COUNTY 23 services pursuant to this Agreement are confidential. COUNTY agrees to keep said records in such 24 form and manner as the Auditor -Controller of COUNTY shall specify. Said records shall be open for 25 examination by CITY at all reasonable times. 26 B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses of each CITY licensed 27 animal upon demand without additional expense or cost to CITY. Any such information requested which 28 is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to 29 government code. Prior to each disclosure, CITY agrees to complete and return to COUNTY a 30 "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties agree and 31 understand that this procedure is required by the Public Records Act and necessitated to permit CITY to 32 obtain the information required for its use, and to allow COUNTY to disclose said information. Upon 33 receipt by COUNTY, the records requested may be released to the extent COUNTY is in possession of 34 such records, and permitted by state law to disclose them voluntarily. 35 36 37 H Huntington Beach 6 of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACS 1CRAKKoo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH JANUARY 1, 2009 THROUGH JUNE 30, 2009 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: January 1, 2009 through June 30, 2009. COUNTY agrees to provide to the City of Huntington Beach the following Animal Care Services beginning January 1, 2009: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $400,206. ® 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 best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. City of I/Atir)W Beach Representative and Title OC Animal Care Director Date .y y/C,771 Date Huntington Beach I Of I Z:\ASR\08-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc EXHIBIT B ACSICRAKKoo RCA ROUTING SHEET INITIATING DEPARTMENT: Police SUBJECT: Approve Animal Care Services FY08/09 Contract COUNCIL MEETING DATE: December 15, 2008 RCA ATTACHMENTS STATUS" Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w%exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATIOM FOR Rqt 1S HG ATTACHNENTS � REVIEWED RETURNED FOR ARDED Administrative Staff Deputy City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use Only)` d� RCA Author: Mindy James City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92848 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK December 17, 2008 County of Orange OC Community Resources OC Animal Care Director 561 The City Drive South Orange, CA 92868 To Whom It May Concern: Enclosed please find one original of the Agreement for Provision of OC Animal Care Services Between the County of Orange and the City of Huntington Beach, January 1, 2009 through June 30, 2009. Upon execution, please return a complete copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, JF: pe Enclosure: Agreements G:fo11owup:agrmt1tr Sister Cities: Anjo, Japan a Waitakere, New Zealand (Telephone: 714-536-5227 )