HomeMy WebLinkAbout2013-11-05; City Council; Resolution 2013-254Exhibit 1
1 RESOLUTION NO. 2013-254
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RATIFYING A JOINT OPERATING AND FINANCIAL
PLAN BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND THE
4 COUNTY OF SAN DIEGO FOR ANIMAL CONTROL SERVICES
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13 2. That the City Manager of the City of Carisbad is hereby authorized and directed
19 to execute the Animal Control Services Program Joint Operating and Financial Plan Fiscal Year
20 2013-14 agreement for and on behalf of the City of Carisbad, California.
21 3. That the Agreement between the City of Carlsbad and the County of San Diego
22 for Animal Control Services, entered into on September 25, 2013 (attached hereto as Exhibit 4),
23 Is hereby amended to include Attachment B Contract Animal Control Services Program Joint
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Operating and Financial Plan Fiscal Year 2013-14 as an exhibit thereto
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WHEREAS, animal control services have been provided to the City of Carlsbad by the
County of San Diego Department of Animal Services; and
WHEREAS, the most recent agreement is effective through June 30, 2018; and
WHEREAS, the County of San Diego Department of Animal Services prepares a Joint
Operating and Financial Plan annually for the services to be provided for Fiscal Year 2013-14;
and
WHEREAS, it is necessary and desirable to continue providing animal control services for
the City of Carisbad through the County of San Diego Department of Animal Services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 5*^ day of November, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
ATTEST:
BARBARA ENGLESON , City erk
Of
ATTACHMENT B
City of Carlsbad
Contract Animal Control Services Program
Joint Operating and Financial Plan
Fiscal Year 2013-14
This Joint Operating and Financial Plan made and agreed to for the period
beginning July 1, 2013 and ending June 30, 2014, by and between the City of Carlsbad
and the County of San Diego shall become a part of the Agreement between said parties.
The County of San Diego shall provide animal control services to the City of
Carlsbad as specified in Sections 3 through 5 of the Agreement. The gross cost of
providing animal control services to Carlsbad for fiscal year 2013-14 shall be $685,870.
The County shall collect license and other fees, as specified under the County's Animal
Services Fee Resolution within City of Carlsbad. For fiscal year 2013-14, the estimated
revenue amount to be collected within City of Carlsbad is $150,000. After deducting
estimated revenues firom gross cost, the City of Carlsbad shall pay County the net amount
of $540,970, which includes the amount of $5,100.00 to finance the spay/neuter program
as provided for in Sections 6 and 8 of the Agreement. The City of Carlsbad shall pay
County in quarterly payments as specified in Section 6, paragraph 5 of the Agreement.
As approved:
CITY OF CARLSBAD COUNTY OF SAN DIEGO
By:.
Director of Animal Services
Approved as to form and legality
A^-^ City Attomey
Approved as to form and legality
County Counsel
By:
Senior Deputy
OFFICE: (619)767-2605
FAX: (619)767-2706
DAWN DANIELSON, RVT DEPARTMENT OF ANIIVIAL SERVICES WEBSITE: www.sddac.com
DIRECTOR 5480 GAINES STREET, SAN DIEGO, CA 92110-2687 MAIL STOP: H-39
July 17, 2013
Lisa Hildabrand, City Manager
c/o Fiona Everett, Management Analyst
City of Carisbad
Police Department
2560 Orion Way
Carisbad, CA 92008
Dear Ms. Hildabrand:
ANIMAL SERVICES FY 2013-14 JOINT OPERATING AND FINANCIAL PLAN
Please find enclosed the Animal Services FY 2013-14 Joint Operating and Financial
Plan. The increased amount to your city for Animal Control Services is $25,103.
Details of the changes to the department's operational plan including the annual salary
and benefit adjustments and increases and decreases to various services and supplies
accounts have not changed in this update. We understand the tight budget constraints
each of you are working with and have done our best to limit increases to the costs that
we all share to provide superior animal control services to both our citizens and yours.
These documents include an overview of the various cost factors affecting the delivery
of animal control and sheltering services to our residents and to you, the cities served
by the County of San Diego Department of Animal Services. As you know, your city's
annual contract costs are affected by three factors: 1) increases in shared departmental
operating costs; 2) your city's pro-rated share of those costs based on population
growth, and 3) volume of requests for patrol services.
Our overall increase for alt cities is only 4.5%. Because of the fluctuations based on the
formula for your city's share the increase is greater for some cities and for two there
have even been decreases. To see a breakdown of increases and decreases by the
three factors in the formula see pages 4 and 5. The figures for your city's net annual
cost—and the basis for the amount of your city's quarterly payment are on Page 8.
Also enclosed are contract Attachment B documents for your approval. Please return
the signed copies as soon as possible.
o TO PROTECT THE HEALTH, SAFETY AND WELFARE OF PEOPLE AND ANIMALS
Lisa Hildabrand
July 17, 2013
Page 2
If you have any questions or need additional information, please call Randall Krogman,
Administrative Services Manager ll, at 619-767-2622.
Sincerely,
DAWN DANIELSON, RVT, Director
Department of Animal Services
DD:mlo
Enclosure
cc: Fiona Everett, Management Analyst, Police Department, City of Carisbad
Randall Krogman, Administrative Services Manager 11, DAS
DEPARTMENT OF ANIMAL SERVICES
2013-2014 JOINT OPERATING AND FINANCIAL PLAN
BUDGET GROWTH
Recommended Budget
3/27/2013
Department External
Costs Overheads Total Costs
2012-2013 Estimated Costs (As of 3/5/2012) $15,458,394 $623,977 $16,082,371
12-13 Adiustments to 3/5/2012 Estimate:
Special Department Expense - 52550 $364,003
2012-2013 ADOPTED BUDGET $15,822,397 $623,977 $16,446,374
2013-14 Budget Adjustments:
Salaries & Benefits Adjustments:
S & B - Salary Base & Premium Adjustments $33,419
S & B - Reclassify Animal Medical Manager $19,008
S & B - Additional Salaries and Wages -$45,472
S & B - Retirement & Pension Bonds (related to Salaries) $201,821
8 & B - Other Benefits $43,602
S&B-OtherPay 51185 $8,000
Services & Supplies Net Adjustments:
S&S- Uniform Allowance 52041 -$8,200
Liability Insurance - Account 52138 -$2,338
Miscellaneous - 52041, 52068, 52090, 52334 $48,200
Special Department Expense - 52550 -$370,000
ISF - Facilities Mgmnt, Rents, Utilities $21,200
ISF - Fleet Maint., Fuel and Lease Accounts $0
Major Maintenance ISF 52737 $45,079
ISF - Information Technology $90,000
One-Time Only Fixed Assets -$170,000
A-87 Overheads:
Various Accounts -$13,544
A & C Audits Services $52,348
Human Resources $11,105
Roll Forward Reconciliation Adjustment $158,449
2013-2014 Estimated Costs (As of 3/14/2013) $15,736,716 $832,335 $16,569,051
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City Costs-12-13 to 13-14Recommend 3-27-13.xlsx Yr2Yr 7/17/2013 1:54 PM
DEPARTMENT OF ANIMAL SERVICES
2013-2014 JOINT OPERATING AND FINANCIAL PLAN
UNSHARED COSTS
Department
Costs
External
Overheads Total Costs
2013/2014 ESTIMATED BUDGET $15,736,716 $832,335 $16,569,051
Unshared Costs:
Director, Animal Control
Administrative Secretary
-$242,615
-$88,789
One-Time Only Major Maintenance -$107,550
CAO Executive
DCAO Community Services
Auditor & Controller - Audits
Auditor & Controller - FM
Civil Service Commission
-$9,142
-$175,974
-$61,905
-$73,957
-$5,303
2013/2014 SHARED COSTS $15,297,762 $506,054 $15,803,816
2012/2013 SHARED COSTS $14,967,912 $337,572 $15,305,484
INCREASE $329,850 $168,482 $498,332
City Costs-12-13 toi 3-14Recommend 3-27-1 S.xisx Unshared 7/17/2013 1:54 PM 2
DEPARTMENT OF ANIMAL SERVICES
2013-2014 JOINT OPERATING AND FINANCIAL PLAN
TOTAL COSTS COMPARISON
12/13 13/14
Total Costs Total Costs Inc/Dec % Change
Unincorporated County $3,989,964 $4,126,307 $136,343 3.4%
Carlsbad $660,767 $685,870 $25,103 3.8%
Del Mar $35,856 $34,670 -$1,186 -3.3%
Encinitas $390,907 $423,867 $32,960 8.4%
San Diego $9,752,851 $10,028,368 $275,517 2.8%
Santee $396,618 $414,065 $17,447 4.4%
Solana Beach $78,521 $90,669 $12,148 15.5%
TOTAL $15,305,484 $15,803,816 $498,332 3.26%
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City Costs-12-13 to 13-14Recommend 3-27-1 S.xisx TOTAL COSTS 7/17/2013
DEPARTMENT OF ANIMAL SERVICES
2013-2014 JOINT OPERATING AND FINANCIAL PLAN
BREAKDOWN OF COST CHANGES
INCREASES/
Population
DECREASES
Service
Requests
DUE TO:
DAS Costs
INCREASES/
Population
DECREASES
Service
Requests
DUE TO:
DAS Costs TOTAL
Unincorporated County -$21 $6,251 $130,112 $136,342
Carisbad $1,162 $2,314 $21,627 $25,103
Del Mar -$96 -$2,184 $1,093 -$1,185
Encinitas -$75 $19,669 $13,366 $32,960
San Diego -$1,005 -$39,696 $316,218 $275,517
Santee $199 $4,192 $13,056 $17,447
Solana Beach -$166 $9,455 $2,859 $12,148
TOTAL $0 $0 $498,332 $498,332
City Costs-12-13 to 13-14Recommend 3-27-1 S.xisx BREAKDOWN 7/17/201S 1:54 F4M
DEPARTMENT OF ANIMAL SERVICES
2013-2014 JOINT OPERATING AND FINANCIAL PLAN
CITY POPULATION and SERVICE REQUESTS
50% of COSTS DISTRIBUTED 50% of COSTS DISTRIBUTED
12/13
Population
13/14
Population
%
Change
12/13
Share
13/14
Share
12/13
Requests
13/14
Requests
%
Change
12/13
Share
13/14
Share
Unincorporated County 490,864 495,281 0.90% 24.08% 24.08% 8,522 8,627 1.23% 28.05% 28.13%
Carisbad 106,403 107,674 1.19% 5.22% 5.24% 1,037 1,056 1.83% 3.41% 3.44%
Del Mar 4,182 4,194 0.29% 0.21% 0.20% 80 72 -10.00% 0.26% 0.23%
Encinitas 59,827 60,346 0.87% 2.94% 2.93% 660 745 12.88% 2.17% 2.43%
San Diego 1,309,784 1,321,315 0.88% 64.27% 64.25% 19,192 19,213 0.11% 63.18% 62.66%
Santee 54,102 54,643 1.00% 2.65% 2.66% 768 792 3.13% 2.53% 2.58%
Solana Beach 12,928 13,000 0.56% 0.63% 0.63% 119 158 32.77% 0.39% 0.52%
TOTAL 2,038,090 2,056,453 0.90% 100.00% 100.00% 30,378 30,663 0.94% 100.00% 100.00%
Sources:
Population: CA-DOF - January 2012 posted as of 5/1/2012
Requests: Actual Requests by City for period of Jan 1, 2012 thru Dec. 31, 2012
City Costs-12-1S to 1S-14Recommend S-27-1 S.xisx POP-REQ 7/17/201S 1:54 PM 5
DEPARTMENT OF ANIMAL SERVICES
2013-2014 JOINT OPERATING AND FINANCIAL PLAN
SPAY/NEUTER ALLOCATION
'13-14 Participation
SPAY/NEUTER
ALLOCATION '13-14 Participation
Unincorporated County $38,500
Carisbad $5,100
Del Mar $450
Encinitas $4,000
San Diego $57,000
Santee $3,900
Solana Beach $825
TOTAL $109,775
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City Costs-12-1S to 1S-14Recommend 3-27-1 S.xisx SpayNeuter 7/17/201S
DEPARTMENT OF ANIMAL SERVICES
2013-2014 JOINT OPERATING AND FINANCIAL PLAN
NET COSTS COMPARISON
2012/13 2012/13 2013/14 2013/14
REVENUE NET COSTS REVENUE NET COSTS* CHANGE
Unincorporated County $1,015,909 $2,875,748 $912,367 $3,252,440 $376,692
Carlsbad $150,000 $485,215 $150,000 $540,970 $55,755
Del Mar $10,000 $23,886 $10,000 $25,120 $1,234
Encinitas $102,000 $318,907 $102,000 $325,867 $6,960
San Diego $1,635,000 $7,814,348 $1,635,000 $8,450,368 $636,020
Santee $98,000 $302,945 $98,000 $319,965 $17,020
Solana Beach $19,300 $58,501 $19,300 $72,194 $13,693
TOTAL $3,030,209 $11,879,550 $2,926,667 $12,986,924 $1,107,374
2013-14 Net Costs calculated using 2012-2013 revenue amounts and spay neuter allocation for participating jurisdictions.
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City Costs-12-13 to 13-14Recommend 3-27-1 S.xisx NET COSTS 7/17/2013
DEPARTMENT OF ANIMAL SERVICES
2013-2014 JOINT OPERATING AND FINANCIAL PLAN
COSTS DISTRIBUTION
Recommended Budget
3/27/2013
Department Cos A-87
50% Populatior 50% Popiilation TOTAL Spay/Neutei 2013-2014 2012-2013
Licensing Other Revenue Increase or % Prelim %
JURISDICTION 50% Requests 50% Requests TOTAL COSTS Revenue Revenues REVENUES Allocation NET COSTS NET COSTS Decrease Change Change
Unincorporated County
Shared $3,994,179 $132,128 $4,126,307 ($612,367) ($300,000) -$912,367 $31,823 $3,245,763 $3,050,200 $195,563 6.4% 4.8%
Non-Shared $438,954 $326,281 $765,235 $0 $0 $0 $0 $765,235 $776,887 -$11.652 -1.5% -7.7%
$4,433,133 $458,409 $4,891,542 ($612,367) ($300,000) -$912,367 $31,823 $4,010,998 $3,827,087 $183,911 4.8% 1.6%
Carlsbad $663,907 $21,962 $685,870 ($102,000) ($48,000) -$150,000 $5,100 $540,970 $515,867 $25,103 4.9% -4.6%
Del Mar $33,560 $1,110 $34,670 ($9,000) ($1,000) -$10,000 $450 $25,120 $26,306 -$1,186 -4.5% -0.6%
Encinitas $410,294 $13,573 $423,867 ($80,000) ($22,000) -$102,000 $4,000 $325,867 $292,907 $32,960 11.3% 3.9%
San Diego $9,707,250 $321,118 $10,028,368 ($1,200,000) ($435,000) -$1,635,000 $60,000 $8,453,368 $8,177,851 $275,517 3.4% 4.9%
Santee $400,806 $13,259 $414,065 ($78,000) ($20,000) -$98,000 $3,900 $319,965 $302,518 $17,447 5.8% 12.2%
Solana Beach $87,766 $2,903 $90,669 ($16,500) ($2,800) -$19,300 $825 $72,194 $60,046 $12,148 20.2% 5.4%
TOTAL Shared $15,297,762 $506,054 $15,803,816 ($2,097,867) ($828,800) -$2,926,667 $106,098 $12,983,247 $12,425,695 $557,552 4.5% 4.5%
TOTAL TOTAL $15,736,716 $832,335 $16,569,051 $13,748,482 $13,202,582 $545,900 4.1% 3.6%
Cities
County
$11,677,509
70%
25%
Contract Payments = $9,663,209
61%
21%
$9,304,651
Total Net City Cost
Total Contract City Rev.
Total Gross City Cost
Total City S/N Rev
Cities' Share of Total Costs
$9,737,484 $74,275 $9,663,209
-$2,014,300
$11,677,509
$74,275
70%
City Costs-12-13 to 13-14Recommend 3-27-13.xlsxDistribution7/17/20131:54 PM
AGREEMENT BETWEEN CITY OF
CARLSBAD AND COUNTY OF
SAN DIEGO FOR ANIMAL CONTROL SERVICES
THIS AGREEMENT made and entered into this ZS day of 'StfiV ^ 20J12,
between the County of San Diego, a political subdivision of the State of Califomia^^
("COUNTY') and the City of Carlsbad, a chartered municipal corporation ("CITY").
WITNESSETH
WHEREAS, CITY is a chartered municipal corporation ofthe State of Califomia
within the County of San Diego and desires to obtain animal control services from
COUNTY; AND
WHEREAS, COUNTY is a political subdivision of the State of Califomia and
through its Department of Ammal Services ("ANIMAL SERVICES"), desires to provide
animal control services to CITY; and
WHEREAS, Section 500.4 ofthe Charter ofthe County of San Diego and
sections 51300 et seq, ofthe Govemment Code authorize COUNTY and CITY to
contract for the performance of animal control services within CITY.
NOW, THEREFORE, in consideration ofthe mutual promises contained herein
and other valuable consideration, the receipt and sufficiency are hereby acknowledged,
CITY AND COUNTY agree as follows:
SECTION 1
TERM OF AGREEMENT
1. This Agreement shall take effect July 1,2013 and shall terminate on June
30,2018 unless terminated sooner as provided for herein. The agreement may be
extended beyond June 30,2018 for additional five-year terms with written consent ofthe
parties.
SECTION 2
DEFINITIONS
For purposes ofthis Agreement, the words listed below shall have the definitions
as indicated,
1. The term "CITY" means the City of Carlsbad.
2. The term "Director" means the Director of the County Department of
Animal Services.
3. The term "Fiscal Year" means the 12-month period beginning on July I
and ending the following year on June 30.
4. The term "Population" means the State Department of Finance's estimate
of each jurisdiction's most recent January population.
5. The term "Requests for Service" means specific requests from CITY
representatives or individual residents ofthe CITY for action or response by an Animal
Control Field Officer, as well as actions by Animal Control Officers to enforce animal
related laws based on tiie observations of Animal Control Officers.
6. The term "on-site veterinarian services" means emergency triage care; tiie
diagnosis and treatment of acute injuries and illnesses; the treatment of chronic illnesses
and injuries to die extent tiiat the animals are kept comfortable; tiie prescribing of
analgesics to alleviate pain; and tiie spaying and neutering of adoption animals.
7. The term "dangerous dog" has the same meaning as the term is defined
under section 62.601 ofthe San Diego County Code of Regulatory Ordinances.
SECTION 3
SCOPE OF SERVICE
1. COUNTY, tiurough ANIMAL SERVICES, shall provide general animal
control services witiiin tiie corporate limits of CITY to tiie extent and in tiie manner
hereinafter set forth.
2. Such services shall be defined as tiiose duties and functions of ttie type
coming witiiin tiie jurisdiction of and customarily rendered by ANIMAL SERVICES
under tiie County of San Diego Code of Regulatory Ordinances and the statutes of tiie
State of California, In providing services to CITY, COUNTY shall make its best efforts
to achieve service responses/service goals as defmed in Section 5. The Director shall
have discretion in determining how tiie level of service shall be achieved by COUNTY.
CITY may provide input to ttie Director on tiie mamier in which services are provided to
CITY.
SECTION 4
LEVELS OF SERVICES
1. ANIMAL SERVICES shall provide the following animal control services,
unless tiie parties to this Agreement agree in writing to any changes in tiie provision of
such services:
A. Shelter Management Services:
(1) Operate, 24 hours per day, seven days per week, a holding shelter for ttie
feeding and care of CITY's lost, abandoned and impounded animals. COUNTY will
operate three holding shelters within ttie County of San Diego. One shelter will be
located in the north San Diego County region and anottier shelter will be located in the
soutti San Diego County region, COUNTY may, in its discretion, open additional
holding shelters to meet future animal control shelter needs. At tiie Director's discretion,
ttie shelter nearest to CITY shall provide for tiie feeding and care of CITY's lost
abandoned and impounded animals. If extraordinary circumstances arise that require the
placement of CITY animals in a shelter other tiian a shelter nearest to CITY, COUNTY
shall notify CITY of tiiis fact. The shelters shall maintain on-site veterinarian services.
(2) COUNTY shall maintain its shelters in a humane manner and shall keep
its shelters in a sanitary condition at all times. All services fumished by tiie COUNTY'S
shelters shall be provided in accordance witti applicable state and local laws. COUNTY
shall use humane metiiods in tiie care and disposition of any animal coming under its
jurisdiction.
(3) COUNTY shall provide public access to shelters a minimum of 5 days
per week (40 hours per week), which shall include at least one weekend day, for
adoption services, humane euttianasia of animals, public nuisance hearings, general
impoundment and dangerous dog hearings. In establishing tiie days and times for public
access to shelters, ttie public interest and customer service shall be a primary
consideration.
B. Field Services:
COUNTY will provide ttie following Field Services for CITY:
(1) rescue injured animals and reptiles in CITY;
(2) pickup and impound stray animals and reptiles in CITY;
(3) quarantine biter animals that are in CITY;
(4) investigate reports of dangerous dogs in CITY;
(5) respond to requests for service and, when required, issue citations for
violations of local and state laws ttiat occur wittiin CITY'S jurisdiction;
(6) investigate matters tiiat occur witiiin CITY's jurisdiction regarding cmelty
or neglect to animals;
(7) renim lost dogs found in CITY to tiieir owners in the field, if possible;
(8) present cases involving violations of animal-related laws ttiat occur in
CITY to ttie District Attomey or City Attomey for prosecution; and
(9) investigate and license kennels (as defined in San Diego Code of
Regulatory Ordinances, section 62,601) located in CITY.
C. Licensing Services:
(1) maintain files of dog licenses and dog licenses that have expired and the
owners of these dogs who live in CITY's jurisdiction;
(2) issue new and renewed licenses to dog license applicants within CITY's
jurisdiction;
(3) conduct follow-up enforcement of vaccinated but unlicensed dogs and
unvaccinated and unlicensed dogs within CITY's jurisdiction. Such
enforcement efforts shall include, but are not limited to, written
correspondence and telephone communication witti dog owners;
(4) witti CITY, jointly organize and fund rabies vaccination clinics for animal
owners residing witiiin CITY, which may be held at least annually witiiin
CITY or wittiin close proximity of CITY. Joint funding by CITY and
COUNTY may include provision of services or funds. Prior to
commencement of rabies vaccination clinics, COUNTY and CITY shall
agree as to the level of funding or scope of services each party shall
contribute for the operation of ttie rabies vaccination clinics;
(5) provide computer support for services provided to CITY under ttiis
Agreement; and
(6) Provide dog owners witti reasonable advance notice of tiie need for license
renewals prior to expiration of existing license,
D. Veterinary Medical Services:
(1) maintain on-site veterinarian services at shelters;
(2) contract for 24-hour emergency medical treatment for injured animals;
(3) inoculate animals in care of ANIMAL SERVICES;
(4) develop rabies control resources information for CITY; and
(5) monitor quarantined biter animals.
E. Dead animal pick-up services are specifically excluded firom tills
Agreement.
F COUNTY, witti cooperation fi-om CITY, shall develop and implement a
mariceting plan to encourage citizen participation in ANIMAL SERVICES' programs and
services. Such marketing plan may include, but is not be limited to, encouraging
responsible pet ownership including licensing and compliance witii pet-related laws,
adoption of shelter animals, rabies vaccination and spaying and neutering of animals.
Such mariceting plan may also include a public-private partnership witii private entities to
jointiy market ANIMAL SERVICES' programs and services. Such marketing program
shall include recommendations made by ttie Ad Hoc Committee descnbed m Section 13.
G. Upon written request by CfFY, COUNTY may provide additional services
not included in Section 4, paragraph A through F or may increase tiie level of existmg
services specified in Section 4, paragraph A tiirough F. The nature, scope and cost of
such additional services and/or increased level of services shall be mutually defined and
made a part ofthis Agreement under tiie Joint Operating and Financial Plan, as descnbed
in Section 6, upon approval of COUNTY and CITY.
H. COUNTY shall be excused firom performance of its obligations under this
Agreement to the extent ttiat it is prevented fi-om perfonning any services as a result of
delays caused by an act of God, war, civil disturbance, court order, governmental action.
It
laws orders, or as a result of events such as public enemies, fires, earthquakes, floods,
strikes or ottier labor disturbances of COUNTY or CITY, or ottier cause beyond its
reasonable control that could not have been prevented by reasonable precautions, and,
except as set forth herein, such nonperfomnance shall not be a default hereunder or a
ground for tennination. If COUNTY'S cost of providing services to CITY decreases as a
result of tiie above, CITY may be entitied to a proportionate reduction m tiie cost of
services for tiie period of time in which services were not provided.
SECTION 5
SERVICE RESPONSES/SERVICE GOALS
1. COUNTY shall make its best effort to respond to Priority 1 calls witiiin
one hour. Priority I calls are defined in Attachment A. , . ^ oco/
2 COUNTY shall make its best effort to respond witti a mimmum of 85 /o
efficiency to Priority 2,3 and 4 calls witiiin 12,24 and 72 hours respectively. Priority 2,
3 and 4 calls are defined in Attachment A. .
3. COUNTY shall make its best effort to increase tiie percentage of animals
that are claimed by ttieir owners and to increase ttie percentage of animals that are
adopted. « .
4. COUNTY shall make its best effort to decrease ttie percentage ot ammals
ttiat are euttianizcd. . A^ITV*^
5. COUNTY shall make its best effort witti assistance fi-om the Cl l Y to
increase ttie per capita rate of licensed dogs.
6. COUNTY shall make its best effort to increase ttie percentage of licensed
dogs tiiat are altered each fiscal year. „ , ,, . ,
7. COUNTY shall make its best effort to ensure tiiat all alterable ammals are
spayed or neutered prior to adoption firom COUNTY shelters.
SECTION 6
JOINT OPERATING AND FINANCIAL PLAN
1 Throughout ttie tenn of tiiis Agreement, CITY and COUNTY shall, on a
fiscal year basis, prepare a written Joint Operating and Financial Plan for tiie services to
be provided under Sections 3 ttirough 4. The Joint Operating and Financial Plan shall
state die total gross cost, estimated revenues and the net cost for tiie services specified
under Sections 3 ttirough 4. The gross cost, estimated revenues and net cost shall be
calculated according to paragraphs 2 and 3 of Section 6. CITY shall pay COUNTY ttie
net cost for animal control services provided under tiiis Agreement. The annual wntten
Joint Operating and Financial Plans shall be approved by CITY and COUNTY pnor to
tiie beginning of each fiscal year and shall be effective for tiie applicable fiscal year. The
annual Joint Operating and Financial Plan shall be made a part of tins Agreement as
Attachment B. Successive annual Joint Operating and Financial Plans shall supercede
and replace the preceding Joint Operating and Financial Plans. By Febmary I of each
fiscal year COUNTY shall provide CITY a preliminary estimate for the next fiscal year
ofthe gross cost, estimated revenues and net cost for animal control services for tiie next
fiscal year.
2. COUNTY shall calculate on a fiscal year basis ttie gross cost of providing
animal control services to CITY using ttie 50/50 Costing Metiiodology as follows:
COUNTY shall determine its budgeted fiscal year total cost to provide animal control
services to its entire service area, excluding overhead costs that COUNTY would
otherwise incur regardless of whetiier COUNTY provides services to the contract cities.
The budgeted fiscal year total cost shall include ttiose indirect costs specified in Federal
Circular A-87. One-half of CITY'S gross cost shall be detennined by CITY'S
proportionate share of ANIMAL SERVICE'S total service area population multiplied by
one-half of the budgeted fiscal year total cost The remaining 50% of ttie gross cost will
be calculated based upon CITY'S proportionate share of ttie prior year's total requests
for service received by ANIMAL SERVICES firom its entire service area multiplied by
one-half of the budgeted fiscal year total cost
3. COUNTY shall receive and collect throughout the term of tiiis
Agreement license and other fees specified under COUNTY'S Animal Control Services
Fee Resolution tiiat are paid by residents of CITY. COUNTY will calculate on an
annual basis an estimate of ttie actual amounts expected to be received and collected by
COUNTY as payment of license and other fees by residents of CITY. COUNTY shall
subtract fit>m tiie annual gross cost ttie annual estimated revenues collected within CITY
to arrive at an annual net cost. CITY will pay COUNTY ttie annual net cost for
providing animal control services as stated in ttie annual Joint Operating and Financial
Plan. Spay/Neuter Deposit Forfeiture Account fimds will be excluded fi-om tiiis
calculation and will be allocated according to State law. Any amounts ttiat may be
retained by private persons and private and non-profit entities for processing or issuing
licenses or for marketing ANIMAL SERVICES' programs and services under Section 4,
subdivision F shall be excluded fix>m tiie calculation of estimated or actual revenues.
4. If at tiie end of ttie fiscal year, COUNTY does not collect ttie annual
estimated amount of revenues, CITY shall pay COUNTY ttie difference between ttie
actual annual amount of revenues collected and ttie annual estimated amount of revenues
within 60 days of written notice of deficiency of revenues from COUNTY. If COUNTY
collects revenues in excess of tiie estimated amount of revenues, COUNTY will refimd
the excess revenues to CITY witiiin 60 days of written notice of surplus. COUNTY shall
provide written notice of surplus or deficiency to CITY within 30 days after tiie end of
each fiscal year. Upon receipt of written notice, CFFY may instmct COUNTY to apply
excess revenues against future gross cost.
5. CITY shall pay ttie net cost to COUNTY by making quarteriy payments of
the total net cost per fiscal year for animal control services rendered pursuant to this
Agreement and the approved Joint Operating and Financial Plan. Such payments shall be
made by July 15, October 15, January 15 and April 15. Failure to provide payment by
tiie due date shall relieve ANIMAL SERVICES of its obligations to provide animal
control services to CITY. COUNTY shall send CITY an invoice for animal control
services 30 days before the quarterly due dates for payment.
6. If payments provided for in Section 6 are not delivered to COUNTY
wittiin 45 days ofthe due date for payment, as stated in paragraph 5 above, COUNTY is
entitied to recover interest ttiereon. Interest shall be calculated at ttie rate of 10 /o per
amium on any unpaid portion ttiereof calculated from the last day of ttie montti m which
the services were performed.
7 If such payments are not deUvered to COUNTY office at ttie address listed
below wittiin 45 days of ttie due date for payment, COUNTY may offsetsuch
indebtedness, including interest ttiereon, from property tax fimds of CITY on deposit witti
COUNTY in accordance witti Govemment Code 907, as may be amended firom time to
time.
COUNTY OF SAN DIEGO
DEPARTMENT OF ANIMAL SERVICES
5480 GAINES STREET
SAN DIEGO, CA92I10
8 Failure by COUNTY and/or CITY to approve ttie annual Joint Operating
and Financial Plan prior to tiie begimiing of tiie fiscal year (July 1), is grounds for
temiination of ttiis Agreement Such temiination shall be under ttie same terms and
conditions as Section 12, "Tennination For Convenience." As such, COUNTY sM
continue to provide animal control services for one fiscal year endmg ttie Allowing June
30 under ttie temis of ttiis Agreement and ttie last approved Jomt Operating and Financial
Plan. CITY shall pay COUNTY for animal control services rendered under the temis ot
tills Agreement andthe last approved Joint Operating and Financial Plan tiirough ttie
effective date of tiie termination.
SECTION 7
RECORD KEEPING
1 COUNTY shall keep separate records for CITY in such fomi and manner
as ttie County Auditor & Controller shall specify. COUNTY shall give CITY, at a
minimum, monttily reports of mfonnation including impounds, claims, dog licenses sold
for altered/unaltered dogs, revenues, requests for services, adop^ons and animals
eutiianizedfrom CITY. The monttily report shall include CITY and regional
information.
2 All non-confidential records maintained by COUNTY evidencing animal
control services provided to CITY shall be open for copying, examination and audit by
CITY during all business hours. COUNTY shall retain these records for a mimmum of
three years.
c2
SECTION 8
SPAY/NEUTER PROGRAM
1. COUNTY and CITY shall establish a spay/neuter program for CITY. To
finance the spay/neuter program, COUNTY, at tiie sole discretion of ttie Director, will
allocate an amount equivalent to 5% of all license fee revenues collected by COUNTY
for deposit into a separate tmst fimd account ("Spay/Neuter Surcharge Tmst Fund").
Funds deposited into or expenditures made from ttie Spay/Neuter Surcharge Tmst Fund
shall not be considered in calculating estimated revenues or costs under Section 6,
2, Funds deposited in tiie Spay/Neuter Surcharge Tmst Fund may be used
oniy for encouraging ttie spaying or neutering of pets owned by residents of CITY.
COUNTY shall operate a spay/neuter program or contract witii a responsible provider to
operate a spay/neuter program for ttie direct benefit of CITY'S residents, COUNTY and
tiic CITY, witii recommendations from tiie Ad Hoc Committee, as described in Section
13, shall detennine how tiie portion of Spay/Neuter Tmst Funds contributed by residents
of CITY shall be.allocated,
SECTION 9
CITY ASSISTANCE
1. In perfonning tiie services pursuant to tiiis Agreement, COUNTY shall
have ail the powers of CITY and shall receive all cooperation possible from CFTY, its
officers, agents and employees to enable efficient enforcement of such local and stote
laws as specified in tiiis Agreement and to effectuate collections called for hereunder.
2. For ttie purpose of perfonning animal control services under ttiis
Agreement, COUNTY shall fiimish and supply all necessary personnel, labor,
supervision, equipment and supplies necessary to maintain ttie level of service to be
rendered hereunder. COUNTY will notify CFTY of any changes in ANIMAL
SERVICE'S executive staff.
3. All persons employed in ttie performance of such services and fimctions
for CFTY pursuant to ttiis Agreement shall be COUNTY employees. No CITY
employees shall perfomi services or fimctions ttiat COUNTY is obligated to provide
under this Agreement. All persons employed by COUNTY to perfonn ttie services
pursuant to tiiis Agreement shall be entitied solely to tiie rights and privileges given to
COUNTY employees and shall not be entitied, as a result of providing services pursuant
to tills Agreement, to any additional rights and privileges given to CITY employees.
4. COUNTY is an independent contractor, and no agency relationship, eittier
expressed or implied, is created by ttie execution of ttiis Agreement.
5. CITY shall not be liable for the direct payment of any salaries, wages or
other compensation to any COUNTY personnel performing services hereunder for
COUNTY or any liability otiier than tiiat provided for in tiiis Agreement.
6. Except as specified otherwise, CITY shall not be liable for compensation
or indemnity to any COUNTY employee for injury or sickness or any other claims
arising out of his or her employment.
7. CITY shall adopt an ordinance identical to, or adopt by reference, tiie
provisions of Chapter 6 and 7, Division 2, Titie 6 of tiie San Diego County Code of
Regulatory Ordinances and any amendments to such ordinances and tiie COUNTY'S
most cunent fee resolution, unless any deviations are specifically agreed to in writing by
the Director,
SECTION 10
DEFENSE AND INDEMNIFICATION
1. COUNTY shall defend and indemnify CITY, its agents, officers and
employees (collectively, "CITY"), from any claim, action or proceeding against
CITY, arising solely out ofthe acts or omissions of COUNTY in the performance
of tills Agreement, At its sole discretion, CITY may participate at its own expense
in the defense of any claim, action or proceeding, but such participation shall not
relieve COUNTY of any obligation hnposed by tiiis Agreement. CITY shall
notify COUNTY promptly of any claim, action or proceeding and cooperate fiilly
in the defense.
2. CITY shall defend and indemnify COUNTY, its agents, officers and
employees (collectively, "COUNTY") firom any claim, action or proceeding
against COUNTY, arising solely out of tiie acts or omissions of CITY in tiie
perfonnance of tiiis Agreement. At its sole discretion, COUNTY may participate
at its own expense in tiie defense of any such claim, action or proceeding, but such
participation shall not relieve CITY of any obligation imposed by ttiis Agreement.
COUNTY shall notify CITY promptiy of any claim, action or proceeding and
cooperate fully in tiie defense.
3. COUNTY shall defend itself, and CITY shall defend itself, from any
claim, action or proceeding arising out ofthe concurrent acts or omissions of
COUNTY and CITY. In such cases, COUNTY and CITY shall retain tiieir own
legal counsel, bear their own defense costs, and waive tiieir right to seek
reimbursement of such costs, except as provided in paragraph 5 below.
4. Notwitiistanding paragraph 3 above, in cases where COUNTY and
CITY agree in writing to a joint defense, COUNTY and CITY may appoint joint
defense counsel to defend the claim, action or proceeding arising out ofthe
concurrent acts or omissions of COUNTY and CITY. Wnt defej«e co^^^^^^^^
be selected by mutual agreement of COUNTY and CITY. COUNTY and CFTY
shall share the costs of such joint defense and any ^^"^^fi^^^f
amounts, except as provided in paragraph 5 below. COUNTY and OTY fiirther
agree that neither party may bind the other to a settlement agreement without the
written consent of both COUNTY and CITY.
5 Where a trial verdict or arbitration award allocates or determines the
comparative fault ofthe parties. COUNTY and CITY may seek reimbuRement
and/or reallocation of defense costs, settlement payments, judgments and awards,
consistent with such comparative fault.
SECTION U
TERMINATION
1 Notwithstanding anything to the contrary herein contained, this
Agreement shall be teraiinated at any time that CITY fails to eni«t or ad^Pj by «fe«nce
al,d to maintain in full force and effect, including the amount of fees provided m Ae
COUNTY'S most current fee resolution, an ordinance identical to *e provision of
Chapter 6 and 7. Division 2, Title 6 ofthe San Diego County Code of Regulatory
OidUiances, unless any deviations are specifically agreed to by the Director. This
A^-^^sSlalsoLterminated if COUNTY requ^^^^
aid ordinance and such amendments are not made within 90 days ofthis request
1 If COUNTY fails to provide animal control services, as required laider
this Agreement and/or in the Joint Operating and Financial Plan. CfTY m^^de
writternotification to COUNTY of such failure to provide
riven 30 days from the date of receipt of written notification by CfTY « Provide fte
i control services. If COUNTY fails to provide such services after 30 (toys
ftom^elTof written notification. CITY may terminate this Agreement upon 30 days
additional written notice.
3 In tiie evem of temiination under Section 11, CITY shall pay COUNTY
on a prorated basis for animal control services rendered consistem witti ttiis Agreement
and the Joint Operating and Financial Plan ttirough ttie date of temunation.
SECTION 12
TERMINATION FOR CONVENIENCE
I CITY acknowledges ttiat in order to provide animal control semces
Dursuant'to tiiis Agreement, COUNTY must conduct long range planning for ftmdmg,
n"eIt^^^^ a^d staff requirements. Therefore, notwithstanding any ottier
secto or provision of tiiis Agreement, eittier party may ternimate ttus Agreement by
giving a one-year advance written notice of intention to ternimate.
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SECTION 13
AD HOC COMMFFTEE
I COUNTY shall forni an Ad Hoc Committee consisting of a representative
from each of ttie cities to which COUNTY provides animal conUrol services by contract.
Each member of ttie Ad Hoc Committee shall have ttie opportunity to provide input
regarding animal control services, fiiture fees and fee changes.
SECTION 14
FUNDING BY CITY
1 If CITY fails to appropriate fimds for tiiis Agreement, such action shall
not be considered a breach of tiiis Agreement Under no circumstances shall CFTY fail to
appropriate fimds for ttiis Agreement for tiie purpose of obtaining animal control services
from anottier provider or to establish its own animal control services department witiiout
providing COUNTY with one year notification as specified in Section 12.
SECTION 15
CONTRACT ADMINISTRATION
1 COUNTY designates ttie Director or his/her designated representative to
represent COUNTY in all matters pertaining to tiie administration of tiiis Agreement
2. CITY designates its City Manager or designated representative to
represent CITY in all matters pertaining to ttiis Agreement on behalf of CITY.
3 Any notice or notices provided for by ttiis Agreement or by law to be
given or served upon COUNTY may be given or served in person or by letter deposited
in ttie United States mail, postage prepaid and addressed to:
DIRECTOR OF ANIMAL SERVICES
5480 GAINES STREET
SAN DIEGO, CA 92110
4 Any notice or notices provided for by ttiis Agreement or by law to be
given or served upon CITY may be given or served in person or by letter deposited m ttie
United States mail, postage prepaid and addressed to:
Chief Gary M- Mnrricnn
City of Carlsbad
2560 Orion Wav. Carlsbad CA 920IQ
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IN WITNESS WHEREOF. CITY, by resolution duly adopted CityCouncil.
has apprev^d the execution ofthis Agreement by its City Manager, COUNTY, by
iX'onts Board of Supervisors, has approved the exec^ion of th^ contract by the Clerk
ofthe Board of Supervisors ofthe County of San Diego, tius _i^day of
CITY COUNTY OF SAN DIEGO
Director of Animal Services
Approved as to form and legality Approved as to fonn and legality
County Counsel
ttomey^ As^^^"^"^
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ATTACHMENT A
COUNTY OF SAN DIEGO
DEPARTMENT OF ANIMAL SERVICES
RESPONSE PRIORITY LEVELS
PRIORITY
LEVEL
LEVEL 1
LEVEL 2
LEVEL 3
LEVEL 4
RESPONSE GUIDELINES
First priority; response objective is within one hour. Officer responds before all
lower priority calls.
Second Priority; response objective is within 12 hours of receipt.
Third Priority; response objective is within 24 hours of receipt
Fourth Priority; response objective is within 72 hours of receipt.
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