HomeMy WebLinkAbout1989-06-27; City Council; 10090; Amend Contract Animal Control Servicesf+
9 ANIEND CONTRACT FOR ANIMAL, CONTROL SERVICES
Adopt Resolution No. f9&1f6 approving an agreement between thc
Carlsbad and County of San Diego which would amend the existin] control contract for fiscal year 1989-90.
ITEM EXPLANATION:
This resolution amends the existing contract between the City of Carl County of San Diego to extend the contract to provide for anima services for FY 89-90 and to adjust the payment for those services. full cost recovery program of the county which is supplemented by derived from fees collected for licence and non-license programs fron
The costs for FY 89-90 are $132,909. Estimated revenues are $55,( difference of $77,905 would be the estimated net charges to the City
amount equal to the pro-rata share of salary increases approved by the
Supervisors. Staff has reviewed the agreement and recommends apprc
FISCAL IMPACT:
This fiscal impact is $77,905 for contract services.
1. Copy of 1988-8p Animal Control Services Agreement.
2. Resolution No. f!!+/96*
3. Amendment Number One to agreement.
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I e Attachmel,, A to Resolution N( c
AGREEMENT
ANIMAL CONTROL SERVICES
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1 , 1988, is made by and between the County of SAN DIEGO, herei
THIS AGREEMENT, dated for purposes of reference only, -
referred to as "County", and the CITY OF CAR LSB AD
hereinafter referred to as "City".
KITNESSETH:
WHEREAS, The City desires to contract with the County for the perfc
within its boundaries of the hereinafter described animal control sei
and
WHEREAS, The County of San Diego is willing and able to render such SE
on the terms and conditions hereinafter set forth; and
WHEREAS, this contract is authorized and provided for by the provis.
Section 500.4 of Article V of the Charter of the County of San Dit
Sections 51300 et seq. of the Government Code.
NOW THEREFORE, IT IS AGREED:
1. The County agrees, through the Director of Animal Con
the County of San Oiego, to provide animal control services witl
corporate limits of City to the extent and in the manner hereinaf
forth.
Such services shall be defined as those duties and function!
type coming within the jurisdiction of and customarily rendered
Department of Animal Control of the County of San Diego under the Chl
said County and the statutes of the State.
The level of service provided to City shall be the same bas
of service that is and shall be provided during the term of this a
for unincorporated areas of the County of San Diego by the Director o
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Control. The Director of Animal Control of the County has discreti
determining how the level of service of this contract shall be perforn
?Pe Coility.
SERVICES DEFINED
The Department of Animal Control's services shall be as fo
unless notified in writing of any changes:
For Shelter Management ServicesL the County will :
a. operate, twenty-four (24) hours-day, seven (7) da
week, a holding shelter for the feeding and ci
City' s 1 ost , abandoned and impounded animals
b. provide public access to shelters during estat
business hours, for adoption services, humane dispc
animals, abatement, impound and vicious dog hearin$
c. sponsor rabies vaccination clinics;
For Field Services, the County will:
a. rescue City's injured animals and reptiles,
0 b. impound City's stray animals and reptiles,
c. quarantine City's biter animals,
d.
e.
investigate City's reports of vicious dogs;
respond to requests for service, and when required
citations within City's jurisdiction, enforcing IC
state laws,
f. investigate City's humane cases,
g. return City's lost dogs to their owners in the fi
possi bl e,
h. present City's cases to the District Attorney
Attorney for prosecution of animal related violat
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i. investigate and license Clty's kennels (as defi
Chapter 6, Division 2, TItle 6 of the San Diego Coc
Department will provide above Field Services for the City 1
,. four (24) hours-day, seven (7) days per week as the need arises
requests for services are made by City residents, in accordance with i
response/service priorities and within staffing limits. Departmen
charge Service Hours in accordance to .service billing procedures ador
Department, as approved by the County Auditor and Controller. Animal 1
Field Officers will be available for City services seven (7) days pc
between the hours of 6:OO A.H. and 1O:OO P.M. At all other times s
will be performed or a stand-by basis.
For Licensinq Services, the County will:
a. maintain a current dog license file of City's 1
and delinquent dogs and owners;
b. issue new and renewed licenses to City dog
applicants;
.I c. conduct follow-up enforcement of vaccinatr
unl i censed City dogs ;
d. schedule rabies vaccination clinics for City
owners ;
e. conduct periodic license canvassing programs wi thi
f. manage computer support for department operat
support of services to City.
For Medical Services
a. maintain on-site veterinarian services for
She1 ters;
b. contract for 24-hour emergency medical treatm
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City’s injured animals;
inoculate City animals in care of the Department; c.
&. develop rabies control resource information fol
residents;
monitor City’s quarantine biter animals.
Such service shall include the enforcement of State statui
such municipal animal control ordinance as the City may adopt pursi
paragraph 8 of this agreement.
e.
I, Dead animal pick-up services are specifically excluded frc
contract.
CITY ASSISTANCE
2. To facilitate the performance of said functions, it is
agreed that the County shall have full cooperatton and assistance f
City, its officers, agents, and employees.
3. For the purpose of performing said functions, Count
furnish and supply all necessary personnel, labor, supervision, equip1
supplies necessary to maintain the level of service to be rendered he
4. All persons employed in the performance of such serv.
functions for City pursuant to this agreement shall be County emplo:
City employee shall perform services or functions which County is o
to provide under their agreement. All persons employed by the C
perform the services pursuant to this agreement shall be entitled s
the rights and privileges given to County employees and shall
entitled, as a result of providing services pursuant to this agree
any additional rights and privileges given to City employees.
For the purpose of performing Animal Control services and
under this agreement, and for the purpose of giving official statt
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performance thereof where necessary, every County officer and ei
engaged in the performance of any service hereunder shall be deemed tc
agent of City while performing services for City, which services are
the scope of this agreement and are purely municipal fun1
Notwithstanding the agency relationship created by this paragraph, t
shall not be liable for any act or omission of any County officer or e
unless otherwise specifically provided elsewhere in this agreement.
RESPONSIBILITY FOR EMPLOYEES
5. City shall not be liable for the direct payment
salaries, wages, or other compensation to any County personnel per
services hereunder for County or any liability other than that provi
in this agreement.
Except as herein otherwise specified, the City shall not bc
for compensation or indemnity to any County employee for injury or I
or other claims arising out of his or her employment.
MUTUAL INDEMNIFICATION
6. County shall defend, indemnify, protect, and hold City
agents, officers and employees harmless from and against any and a1
asserted or liability established for damages or injuries to any pi
property, including injury to County’s employees, agents or office!
arise from or are connected with or are caused or claimed to be cause
acts or omissions of County, and its agents, officers or emploj
performing the agreement or services herein; provided, however, that
duty to indemnify and hold harmless shall not include any claims or 1
arising from the misconduct of the City its agents, officers or en
County employees performing animal control functions as City agents
to Section 4 of this agreement shall not be City agents for purpose!
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exclusion from the County’s duty to indemnify City.
City shall defend, indemnify, protect, and hold County a
agents, officers and employees harmless from and against any and all
asserted or liability established for damages or injuries to any pe
property, including injury to City’s employees, agents or officer:
arise from or are connected with or are caused or claimed to be caused
acts or omissions of City, and its agents, officers or employc
performing the agreement or services herein; provided, however, that
duty to indemnify and hold harmless shall not include any claims or li
arising from the misconduct of the County its agents, officers or emp
PROSECUTION
7. This Basic Agreement shall not impose upon the I
Attorney of the County or the County Counsel obligation to p
violations of the City Municipal Code other than such obligation a.
imposed by law. The City may prosecute violations of the City Munici
and cooperate in giving the Department of Animal Control opinions ar
with respect to the enforcement of such City ordinances.
TERMINATION CAUSED BY CHAPTER 6
8. Notwithstanding anything to the contrary herein cl
this contract shall be terminated at any time that City fails to enat
maintain in full force and effect, including the amount of fees pro
ordinance identical to, or adopts by reference the provisions of C
Division 2, Title 6 of the San Diego County Code, unless any devia
specifically agreed to by the County Director of Animal Control (
County Animal Control Ordinance No. 7182). This contract shal‘
terminated if the County requests that the City enact amendment
ordinance to comply with amendments to Chapter 6, Division 2, Titlc
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San Diego Code adopted by the Board of Supervisors and such arnendmen
not made within 120 days of this request.
PAYMENT OF FULL COST
9. For and in consideration of animal control services by C
City agrees that it shall pay the full cost to the County of providin
services at rates determined by the County of San Diego and established
Item #11 herein. City further agrees that County may keep and retain a
all license and other fees specified in the Animal Control Servic
Resolution collected by the County pursuant to this agreement, and
agrees to credit such collections against City’s obligation to pay tb
cost of animal control services.
The County agrees, through the Department of Animal Cont
provide within 30 days of adoption of this agreement and, on or
January 15th of each year thereafter, an estimate of the total cos
revenue and resulting net charges for all animal control services
provided to the City for the following fiscal year.
BILLIN6 FOR SERVICES
City will be billed four times during the fiscal year: aft
fourth ARMS period, the seventh ARMS period, the tenth ARMS period l
thirteenth ARMS period. An ARMS period is one of the thirtee
intervals, each being four-weeks except for the 1st and 13th in each
year, used by County in its Accounting and Resource Management System
On or before twenty (20) working days following the close of each
period, the County shall provide City an invoice for the amount due.
Should the amount of actual revenues collected exceed the es
amounts the County shall adjust the difference as part of the final bi
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CITY POWERS
It is agreed that in performing the services pursuant tc
agreement, the County shall have all the powers of the City and shall r
all cooperation possible from City to enable efficient enforcement o
ordinances as specified in Paragraph 8 of this agreement and to effc
collections called for thereunder.
EFFECTIVE PERIOD
10. This contract shall become effective on the date here
first mentioned and shall run for a period ending June 30, 1989 ,
the option of the City Council of the City, with the consent of the Bc
Supervisors of County, shall be renewable thereafter for an additional
of not to exceed five (5) years.
In event the City desires to renew this agreement for an add
period not to exceed five-years, the City Council shall not latc
May 1, 1989 , notify the Board of Supervisors of County that it wi
renew the same, whereupon the Board of Supervisors, not late
June 15, 1989 shall notify the City Council in writing
willingness to accept such renewal. Otherwise, such agreement shall
terminate at the end of the aforedescribed period.
GENERAL TERUINATION
The County or City may terminate this agreement as of the f.
of July of any year provided that notice of intent to termina
agreement is provided in writing to the other party at least 30 days
date of termination.
RATES
11. City agrees that whenever animals or persons from wi
boundaries of the City are accorded Animal Control Services by C
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described in paragraph one of this agreeement, the City shall pay tt
cost for the services to said persons or for said animals. City agr
make the following payment for 1988-89: I 70,012 plus an amounl
to the prorata share of salary increases approved by the Board of Supe
for Fiscal Year 1988-89. Should the actual net cost differ fro
estimate, the billing in the year following the year after the fiscal .
which the services were delivered shall. be adjusted to either credit o
CITY for the difference.
RESTRICTIONS BY SECTION 23008
All services rendered hereunder are subject to the limitat
the provisions of Section 23008 of the Government Code, and in acc
therewith, before any services are rendered pur'suant hereto, an amoun
to one-hundred ten percent (110%) the estimated annual net charges s
budgeted by the City from its funds to ensure payment for work, serv
materi a1 s provided hereunder.
PROVISION FOR INVOICE AND BILLING
13. The County through its Department of Animal Contro'
render to said City within twenty (20) working days after the close
bi 1 l i ng period an itemized invoice which covers a1 1 services performed
said billing period, and said City shall pay County therefore withir
(30) days of receipt of the invoice.
If such payments provided above and in Section 9 of this (
are not delivered to the County office which is described on said *
within thirty (30) days of the date of receipt of the invoice, the CI
entitled to recover interest thereon. Interest shall be calculatec
rate of seven (7) percent per annum on any unpaid portion thereof ca
from the last day of the month in which the services were performed.
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14. If such payments are not delivered to the CoLnty offlce
is described on said invoice within thirty (30) days of the date of r
of the invoice, the County may satisfy such indebtedness, including ir
thereon, from any funds of the City on deposit with the tounty without
further notice to City of County's intention to do so.
RECORD KEEPING
15. The County agrees to keep separate records for each (
such form and manner as the County Auditor L Controller shall specif;
records evidencing services to City shall be open for examination ani
by said City during all business hours.
HUUAWE AND SANITARY COMDITIOlS
16. The County agrees to maintain its kennels and animal
in a humane manner and keep said premises in a sanitary condition
times and that all services furnished by it hereunder shall be in acc
with the laws of the State of California and that it will give the prc
notices and use humane methods of care and destruction of any animal
under its jurisdiction.
A
NOTICE RECARDIWG RESEARCH ANIMALS
17. The County agrees to continue its existing practice
providing animals from the North County Shelter to UCSD for research
and agrees to give City advance notice of any change in that practice
clause shall not require the County to breach any agreement with 1
provision of animals. )
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, by order IN WITNESS WHEREOF, the City of CARLSBAD
City Council, caused this agreement to be signed by its City Manager,
County of San Diego, by order of its Board of Supervisors, has caus
agreement to be signed by the Clerk of the Board and the seal of sai
to be affixed thereto.
COUNTY OF SAN DIEGO
BY /57* &
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Clerk, Board of Supervisors
APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM:
I, County Counsel
BY h. r &kr? ,LLq,&L-
Depuey L/
,qprov& md/or autkorld by * Bosro
of kpsroaprt d~cocwr~ld SQn m
7Ps-c 743-8C
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CENTRnL SI
6480 GAIN
SAN DIEGO CA
(619) 236
NORTH SH
SALLY 0 HAZZARD aonntg of jihn 2481 PALOMAR I
CARLSBAD CA
(6191 438-2312 DIRECTOR
(619) 531-6041 DEPARTMENT OF ANIMAL CONTROL
SOUTH Sb
5821 SWEET\
BONITA CA 9
(6191 262
5480 GAINES STREET, SAN DIEGO, CALIFORNIA 921 10-2624
May 17, 1989
City of Carlsbad Captain George Suttl e Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92008
Dear Captain Suttle,
Please find attached for your use a form of amendment to the existing con1 for general animal control services. The amendment extends the effective for services through June 30, 1990 and changes to 1989-90 payment amour reflect our most recent estimate. This amendment was reviewed by our Cc Counsel and a1 1 recommended changes have been i ncl uded.
I had noted in an earlier letter to you that we are evaluating different op in the billing and service delivery areas of the contract. While we are conf that we accurately account for and credit all services and revenues coll
to your account, improvements are possible in the method of service del that could lead to a stabilization of net charges, The issue of net charge the budgeting and payment thereof has been difficult both for you and us goal this next year is to make whatever adjustments are needed to minimize uncertainties for the cities yet meet our budgeting and accounting requirem I expect to be discussing possible options with you within the next six mr
Please return the completed amendment (or your equivalent) to me. The Depai will then initiate the process of presenting the entire package to the Bo( Supervisors for approval. Please call should you have any questions.
Sincerely,
Sally B. Hazzard Director
Administrative Services Manager
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RESOLUTION NO. 89-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING THE CONTRACT WITH THE COUNTY OF SAN DIEGO DEPARTMENT OF
ANIMAL CONTROL FOR ANIMAL CONTROL SERVICES.
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WHEREAS, the City of Carlsbad and the County of
on or about July 1, 1988 entered into an agreement conce
provision of specified animal control services by the Cour
City; and
WHEREAS, the County and City wish to amend said
as shown by the Amendment Number One to Agreement fc
Control Services attached hereto and made a part hereof,
NOW, THEREFORE, BE IT RESOLVED by the City Counc
City of Carlsbad, California, as follows:
1. That the above recitations are true and cc
2. That the City Council approves the amen
authorizes the City Manager to execute said amendment I
behalf of the City.
PASSED, APPROVED AND ADOPTED at a Regular Meet
27th day c City Council of the City of Carlsbad on the
1989, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Kulchin, Pettine, Mama1 I I
ATTEST :
ALETHA L. RAUTENKRANZ, City\Clerk
(SEAL)
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AMENDMENT NUMBER ONE TO AGREEMENT FOR ANIMAL CONTROL SERVICES
THIS AMENDMENT, dated for the purposes of reference only, is made by and between the COUNTY OF SAN DIEGO, hereinafter referred "County", and the CITY OF CARLSBAD, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, The City and the County on or about Junly 1, 1988 enter an agreement concerning the provision of specified animal control serv the County to the City; and
WHEREAS, The City desires to continue to contract with the County performance within its boundaries of the described animal control servic
WHEREAS, The County is willing and able to continue to render such c on the terms and conditions set forth in that agreement; and
WHEREAS, the contract and this amendment are authorized and provi by the provisions of Section 500.4 of Article V of the Charter of the Cc San Diego and Sections 51300 et.seq. of the Government Code.
NOW THEREFORE, IT IS AGREED:
1. The County agrees to continue to provide animal control service City as specified in the aforementioned agreement ( County Contract #; and City Resolution # 88-202 ).
2. Paragraph 10 "EFFECTIVE PERIOD" shall be amended to read "This ( shall become effective on July 1, 1989 and shall run for a period end.
30, 1990
second sentence in Paragraph 11, "RATES", shall be amended to read 'I Cit to makes the following payment for 1989-90: $77,905 plus an amount equa prorata share of salary increases approved by the Board of Supervisors fo Year 1989-90. I'
3. The City agrees to pay for the full cost for the services, and
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4. All other provisions of the agreement referenced in paragraph 1. 1 amendment shall remain unchanged.
WITNESS THEREOF, the CITY OF CARLSBAD, by order of its City Council, causl agreement to be signed by its City Manager and the COUNTY OF SAN DIEGO, b. of its Board of Supervisors, has caused this amendment to be signed by thi
of the Board and the seal of said Board to be affixed thereto.
CITY OF CARLSBAD COUNTY OF SAN DIEGO
by: by:
City Manager Clerk, Board of Supervi
Pursuant to Resolution # 89-196
APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM City Attorney County Counsel
by : by; Deputy
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AMENDMENT NUMBER ONE
TO AGREEMENT FOR ANIMAL CONTROL SERVICES
THIS AMENDMENT, dated for the purposes of reference only, is made by and between the COUNTY OF SAN DIEGO, hereinafter referred "County", and the CITY OF CARLSBAD, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, The City and the County on or about Junly 1, 1988 entere an agreement concerning the provision of specified animal control servi the County to the City; and
WHEREAS, The City desires to continue to contract with the County f performance within its boundaries of the described animal control servicc
WHEREAS, The County is willing and able to continue to render such sg on the terms and conditions set forth in that agreement; and
WHEREAS, the contract and this amendment are authorized and provic by the provisions of Section 500.4 of Article V of the Charter of the COI San Diego and Sections 51300 et.seq. of the Government Code.
NOW THEREFORE, IT IS AGREED:
1. The County agrees to continue to provide animal control services
City as specified in the aforementioned agreement ( County Contract #7
and City Resolution # 88-202 ) .
2. Paragraph 10 "EFFECTIVE PERIOD" shall be amended to read "This c shall become effective on July 1, 1989 and shall run for a period endi 30, 1990
3. The City agrees to pay for the full cost for the services, and t second sentence in Paragraph 11, "RATES", shall be amended t:, read I' Citj to makes the following payment for 1989-90: $77,905 plus an amount equal prorata share of salary increases approved by the Board of Supervisors foi Year 1 989 - 9 0. I'
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4. All other provisions of the agreement referenced in paragraph 1. o amendment shall remain unchanged.
WITNESS THEREOF, the CITY OF CARLSBAD, by order of its City Council, cause1 agreement to be signed by its City Manager and the COUNTY OF SAN DIEGO, by
of its Board of Supervisors, has caused this amendment to be signed by the of the Board and the seal of said Board to be affixed thereto.
kyy:; 'mi$$& by :
Pursuant to Resolution # 89-196
COUNTY OF SAN DIEGO
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\ - Ci tj\2 anager Clerk, Board of Supervis
APPROVED AS TO FORM County Counsel
by; Deputy