Agmt15 County of San Mateo Animal Control Services

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5 | Page February 5, 2015 Vicious Animal Ordinance, Spay/Neuter Hearings under the provision of each City’s Spay/Neuter Ordinance, and/or Fancier Hearings under the provision of each City’s Fancier Ordinance. The hearing fee, based on the City’s fee ordinance, will be collected from the person requesting the hearing by the County under the terms of this Agreement, if possible. If such fee is not collected, the City shall remain responsible for such costs. The Parties also recognize that in the event a City elects to utilize the services of a County hearing officer, the City remains solely responsible for the defense of any appeal of an administrative decision rendered by the hearing officer. Further, the City remains responsible for any claims, damages, costs or other losses resulting from any decision, act or omission of the hearing officer acting in the course and scope of his or her capacity as hearing officer or from any court judgment based on claims, actions or appeals resulting from Dangerous/Vicious Animal hearings, decisions or findings; Spay/Neuter requirements, hearings, decisions or findings; and/or Fancier requirements, hearings, decisions or findings made under each City’s ordinances. Furthermore, the Parties agree that, at a City’s option and for its convenience, County offices will issue Service Animal tags and Breeder/Fancier Permits on behalf of each City upon County’s determination that such tag or permit shall be issued on behalf of the City. Each City shall remain responsible for the decision to issue or not issue a Service Animal tag and/or issue or not issue a Breeder or Fancier Permit and shall remain responsible the defense of any action or claim and payment of any claims, damages, costs, or other losses resulting from such decision. 3.7 Each City agrees to meet annually with County to develop performance measures that are valid, reliable, and supported by accessible data to be used to evaluate the level and quality of services provided by Animal Control Contractor and Animal Licensing Contractor. 3.8 In consideration of the services, that will be coordinated and facilitated by County and provided by the Animal Control Contractor and Animal Licensing Contractor in accordance with all terms, conditions, and specifications set forth herein, each City shall pay County based on the rates and in the manner specified below. Proportionate Share of Costs. Each City’s proportionate share of the cost of services (“Proportionate Share of Costs”) provided under this Agreement shall be calculated as a percentage representing: a. That City’s percentage of total field services provided, averaged over the prior three calendar years;