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AGREEMENT
' - ANIMAL"CONTROL FIELD SERVICES
THIS AGREEMENT, made and entered into this day of 1987,
by and between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY" , and
the CITY OF DUBLIN, hereinafter referred. to as "CITY
RECITALS:
(a) The CITY is desirous of contracting with the COUNTY for the
performance of animal control field services within its boundaries by the
COUNTY of Alameda until June 30; 1989.
(b> The COUNTY is agreeable to rendering such services on the terms
and conditions hereinafter. set forth.
(c) Such contracts are authorized by Section 51300 et seq. of the
Government Code.
(d) The CITY and COUNTY may review annually, in May of each year,
the level of service provided within the CITY and mutually agree on
appropriate adjustments.
(e) The CITY and COUNTY agree that there shall be annual cost—of-
living adjustments and operational cost increases. Annual cost—of—living
shall include but are not limited to salary increases granted by the COUNTY.
The COUNTY shall review and update annually, in May of each year, the cost of
providing services to the CITY and provide the CITY with.projec.ted cost
adjustments.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
I. SERVICES TO BE PROVIDED
a. The COUNTY agrees to provide animal control field services within the
corporate limits of the CITY to the extent and in the manner hereinafter
set forth.
Such services shall only encompass duties and functions of the type
coming within the jurisdiction of and customarily rendered by the Field
Services Department of the COUNTY.
The level of service shall be that same basic level of services as
shown on the Field Service Operations Chart attached hereto as Exhibit A
and made a part hereof by this reference. COUNTY may make adjustments
therein which are requested by the CITY if COUNTY has the capability to
provide said adjustments of service level .
The rendition.of such services , the standard of performance and other
matters incidental to the performance of such services, and the control of
personnel so employed shall remain within the control of the COUNTY. In
event of dispute between the parties as to the extent of the duties and
functions to be rendered hereunder or the level and manner of performance
of such service, the COUNTY'S determination thereof shall be final and
conclusive as between the parties hereto.
Such service shall include the enforcement of .State statutes and such..
municipal animal control ordinance as the CITY may adopt that is
substantially the same as the COUNTY'S Ordinance.
b. To facilitate the performance of said functions, it is hereby agreed
that the COUNTY shall have full cooperation and assistance from the CITY,
its officers, agents, and employees.
C. For the purpose of performing said functions, COUNTY shall furnish
and. supply all necessary labor, supervision, equipment and supplies
necessary to maintain the level of service to be rendered hereunder. In
all instances where special supplies, stationery, notices, forms and the
like must be issued in the name of the CITY, the same shall be supplied by
the CITY at its expense.
d. The CITY or COUNTY may terminate those animal licensing services
provided by 'the COUNTY to the CITY at 'any time during the term of the
contract upon providing the other party with thirty (30) days advance
written notice. Such notice shall be delivered by registered mail .
II. LIABILITY
a. All persons employed in the performance of such services and
functions for CITY shall be COUNTY employees, and no CITY employee as such
shall be taken over by COUNTY. No person employed hereunder shall have
any CITY pension, civil service, or other status or right.
b. CITY shall not be called upon to assume any liability for the direct
payment of any salary, wages, or other compensation to any COUNTY
personnel performing services hereunder for CITY, or any liability other
than that expressly provided for in this agreement.
Except as herein otherwise specified, CITY shall not be liable for
compensation of or indemnity to any COUNTY employee for injury or sickness
arising out of his employment.
C. The CITY shall assume liability and shall pay cost of defense and
hold the COUNTY harmless from loss, costs or expenses caused by the
negligent or wrongful act or omission of CITY officers, agents , and
employees occuring in the performance of this agreement to the extent that
such liability is imposed on the COUNTY by the provisions of Section 895.2
of the Government Code of the State of California. In addition, when
liability arises pursuant to Section 830, et seq. , of the Government Code,
by reason of a dangerous condition of public property of the CITY, the
CITY shall assume liability and pay cost of defense and hold the COUNTY
harmless from loss, costs or expenses caused by the negligent or wrongful
act or omission of CITY officers, agents, and employees arising in the
performance of this agreement.
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d. The COUNTY will assume liability and pay.cost of defense and hold the
CITY harmless from loss, costs or expenses caused :by the negligent or-
.wrongful 'act or.,omission .of COUNTY officers, agents,and employees
occuring in the performance'of this agreement to the extent that such
liability is imposed on the CITY by the provisions of Section 895.2 of the
Government Code of the State of California. .- In addition, when liability
arises pursuant to Section 830, et seq. ,-of the Government Code, by reason
of a dangerous condition of the public :'property of the COUNTY, the COUNTY
shall assume liability and pay cost of defense and hold the CITY harmless
.from loss , costs or expenses caused by the negligent or wrongful act or
omission of COUNTY officers, agents, and employees arising in the
performance of this agreement.
III. INSURANCE
That insurance agreement between CITY and COUNTY which is in effect
during the term of this agreement shall apply hereto and is fully
incorporated herein by reference.
IV. COST OF BILLING PROCEDURES
a.- CITY shall pay COUNTY the actual cost to the COUNTY of services
provided under this agreement at rates determined by COUNTY in accordance
with the policies and procedures established by the Board of Supervisors.
b. The COUNTY shall bill CITY for services quarterly. The CITY shall pay
COUNTY within thirty (30) days from the date of billing.
If such payment is not received by COUNTY at the office which is
described on said billing within thirty (30) days after the date of
delivery of said billing, COUNTY is entitled to recover interest thereon.
Said interest shall be at the rate of one (1 ) percent per calendar month
or any portion thereof calculated from the date of delivery of said
billing.
C. COUNTY agrees that all dog license fees which it collects for dog
licenses issued by COUNTY to residents of CITY shall be remitted to the
CITY quarterly.
d. CITY agrees that whenever animals from within the boundaries of the
CITY are delivered to animal shelters operated by or on behalf of COUNTY,
the CITY shall pay for the treatment and shelter of said animals,
reptiles, and fowl at rates to reflect the cost of such shelter and
treatment as determined by the COUNTY. This provision shall not be
effective whenever CITY contracts separately for shelter services from
COUNTY.
e. Notwithstanding anything to the contrary herein contained, this
agreement shall be sooner terminated at any time that CITY fails to enact
and to maintain in full force and effect, including the amount of fees
provided, an animal control ordinance substantially the same as the
provisions of the COUNTY'S Ordinance.
-3-
f. The COUNTY agrees to keep separate records for CITY. -:.Such records '
shall be open for examination by CITY .during all business hours.
V. DURATION AND TERMINATION
This agreement shall have an effective date of July 1 ,:1987, and
unless sooner terminated as provided herein, this agreement shall
terminate June 30, 1989. This .contract may be modified at any time by
mutual written consent or terminated upon Six (6) Months prior written
notice by either party.
ATTEST: CITY OF DUBLIN
By: By:
City Clerk Mayor
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
William Mehrwein COUNTY OF ALAMEDA
Clerk of the Board of Supervisors
By: By:
Deputy Chairman, Board of Supervisors
APPROVED AS TO 'FORM:
By: a Z'County Counsel
Deputy
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EXHIBIT A
CITY OF DUBLIN
1987-88 ANIMAL CONTROL CONTRACT
ESTIMATED COST OF
FIELD SERVICE OPERATION
• SALARIES:
Position Annual Rate Amount Totals
Field Service .379 $22,378.00 $8,481 . $8,481 .
Officer
Clerk II .109 18,535.00 2,020. 2,020.
Subtotal $10,501 .
Benefits @ 30% $ 3,150.
Subtotal $13,651 .
SERVICES AND SUPPLIES:
Acct. #
3111 Office Expense $ 160.
3251 Maintenance of Electronics 203.
3291 Communications 312•
3354 Transportation, Motor Vehicle(5%increase) 3,912.
3411 Professional Specialized Services 6,156.
All other services and supplies 365.
Total $11 ,108.
Subtotal $24,759.
Plus Indirect Costs 1 ,488.
GRANDTOTAL $26,247-