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HomeMy WebLinkAbout1991-08-20; City Council; 11299; ANIMAL CONTROL SERVICES CONTRACT. AB # 1); %qo/ TITLE: MTG. %*20*/ ANIMAL CONTROL SERVICES CONTRACT POL DEPT. Df CI CI - a 3 z k% 9 2 z 0 I- o - a 1 o z 3 8 CITY U= CARLSBAD - AGEND~ILL / /< RECOMMENDED ACTION: Adopt Resolution No. qi -2-67 approving an agreement between the City of Carls County of San Diego for the provision of animal control services for fiscal ye: through 1995-96. ITEM EXPLANATION: This resolution approves a contract between the City of Carlsbad and the County o for the provision of animal control services for fiscal years 1991-92 through 1995-9 As stated in the agreement, either party may cancel the contract at any time dur year term of the agreement provided that notice of intent to terminate the a provided in writing to the other party at least 30 days prior to date of termination. The estimated costs for 1991 -92 are $95,040 and are limited to 11 0 percent max amount.. Subsequent years will be estimated based on historical experience. If in the demand for services exceeds $95,040, the County will request additional agreement may be modified by written consent of the City Manager and the C Administration Officer to effect needed services with whatever funds may be prc budget. FISCAL IMPACT: The fiscal impact for contract services is $95,040 and was approved in the fiscal 1 budget in the City Fund’s Non-Departmental Miscellaneous Contract Services Acc EXHIBITS: 1. Resolution No. q I *d 6 3. 2. Copy of Animal Control Services Agreement. 1 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 0 RESOLUTION NO. 91-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR ANIMAL CONTROL SERVICES. WHEREAS, the City desires to contract with the County of S Diego for the performance within its boundaries of certain anim; control services for the fiscal years 1991-92 through 1995-96; i WHEREAS, the City is authorized to enter into this agreeme pursuant to Government Code Section 51300; and WHEREAS, the County of San Diego is willing and able to perform such services on certain terms and conditions set forth in the proposed "Agreement Animal Control Services"; and WHEREAS, the performance of such services by the County San Diego will eliminate the necessity of the City providing 20 1 duplicate services; 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of tk City of Carlsbad as follows: 1. The agreement between the City of Carlsbad and the Cr of San Diego for animal control services is hereby approved. /I I/ \ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 0 0 2. The Mayor of the City of Carlsbad is hereby authorized an directed to execute said agreement for and on behalf of the City c Carl s bad. PASSED, APPROVED AND ADOPTED at a regular meeting of th City Council of the City of Carlsbad held on the 20th day of August , 1991, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Ny NOES: None ABSENT: None 1 ATTEST: /L.eQz& 4. RPk ALETHA L. RAUTENKRANZ, City ClerA 0 0 AGREEMENT ANIMAL CONTROL SERVICES THIS AGREEMENT, dated for purposes of reference only, 9 19-9 is made by and between the County of SAN DIEGO, herein; referred to as "County", and the CITY OF CARLSBAD hereinafter referred to as "City" . WITNESSETH: WHEREAS, The City desires to contract with the County for the performance w its boundaries of the hereinafter described animal control services; and WHEREAS, The County of San Diego is willing and able to render such servic the terms and conditions hereinafter set forth; and WHEREAS, this contract is authorized and provided for by the provisior Section 500.4 of Article V of the Charter of the County of San Diego and Sec 51300 et seq. of the Government Code. NOW THEREFORE, IT IS AGREED: 1. The County agrees, through the Director of Animal Control o County of San Diego, to provide animal control services within the corp limits of City to the extent and in the manner hereinafter set forth. 2. Such services shall be defined as those duties and functions c type coming within the jurisdiction of and customarily rendered by the Depar of Animal Control of the County of San Diego under the Charter of said Counl the statutes of the State. The level of service provided to City shall t same basic level of service that is and shall be provided during the term o agreement for unincorporated areas of the County of San D,iego by the Direc Animal Control. The Director of Animal Control of the County has discret determining how the level of service of this contract shall be performed I County. 1 0 0 SERVICES DEFINED 3. The Department of Animal Control ‘s services shall be as follc unless notified in writing of any changes: A. For Shelter Manaqement Services, the County will: (1) operate, twenty-four (24) hours-day, seven (7) days week, a holding shelter for the feeding and car€ City’s lost, abandoned and impounded animals; (2) provide public access to shelters during establi business hours, for adoption services, humane disp of animals, abatement, impound and vicious dog heari B. For Field Services, the County will: (1) (2) (3) quarantine City’s biter animals; (4) investigate City’s reports of vicious dogs; (5) respond to requests for service, and when requ issue citations within City’s jurisdiction, enfo local and state laws; rescue City‘s injured animals and reptiles; impound City’s stray animals and reptiles; (6) investigate City’s humane cases; (7) return City‘s lost dogs to their owners in the fie1 possible; present City‘s cases to the District Attorney or Attorney for prosecution of animal related viol ai (9) investigate and license City’s kennels (as defir Chapter 6, Division 2, Title 6 of the San Diego ( Department will provide above Field Services for the City twenty-four (24) I day, seven (7) days per week as the need arises or as requests for servic (8) 2 0 e made by City residents, in accordance with adopted response/service priori. and within staffing limits. C. For Licensinq Services, the County will: (1) maintain a current dog license file of City's lice and delinquent dogs and owners; (2) issue new and renewed licenses to City dog lic applicants; (3) conduct follow-up enforcement of vaccinated unl icensed City dogs; (4) schedule rabies vaccination clinics for City at owners ; (5) conduct periodic license canvassing programs w' City; (6) manage computer support for department operatior support of services to City. For (4) and (5) above, County and City will, by separate memorandL understanding, establish goals for rabies vaccination cl inics and 1 i canvassing hours in City. D. For Medical Services (1) maintain on-site veterinarian services for hc She1 ters; (2) contract for 24-hour emergency medical treatmer City's injured animals; (3) inoculate City animals in care of the Department (4) develop rabies control resource information for I (5) monitor City's quarantined biter animals. Dead animal pick-up services are specifically excluded from this contrac 3 e 0 CITY ASSISTANCE 4. It is agreed that in performing the services pursuant to agreement, the County shall have all the powers of the City and shall receivc cooperation possible from City, its officers, agents, and employees to en efficient enforcement of such ordinances as specified in this agreement an effectuate collections called for thereunder. 5. For the purpose of performing said functions, County shall fui and supply all necessary personnel, labor, supervision, equipment and sup1 necessary to maintain the level of service to be rendered hereunder. 6. All persons employed in the performance of such services functions for City pursuant to this agreement shall be County employees. No employee shall perform services or functions which County is obligated to prc under their agreement. All persons employed by the County to perform services pursuant to this agreement shall be entitled solely to the right: privileges given to County employees and shall not be entitled, as a resu providing services pursuant to this agreement, to any additional right privileges given to City employees. 7. For the purpose of performing Animal Control services and func under this agreement, and for the purpose of giving official status tl performance thereof where necessary, every County officer and employee en in the performance of any service hereunder shall be deemed to be an age City while performing services for City, which services are within the sca this agreement and are purely municipal functions. Notwithstanding the i relationship created by this paragraph, the City shall not be liable for ai or omission of any County officer or employee unless otherwise specifi provided elsewhere in this agreement. 4 0 e RESPONSIBILITY FOR EMPLOYEES 8. City shall not be liable for the direct payment of any salari wages, or other compensation to any County personnel performing servi hereunder for County or any liability other than that provided for in 1 agreement. 9. Except as herein otherwise specified, the City shall not be li, for compensation or indemnity to any County employee for injury or sicknes other claims arising out of his or her employment. MUTUAL INDEMNIFICATION 10. County shall defend, indemnify, protect, and hold City and agents, officers and employees harmless from and against any and all cl asserted or liability established for damages or injuries to any perso property, including injury to County's employees, agents or officers which i from or are connected with or are caused or claimed to be caused by the ac' omissions of County, and its agents, officers or employees, in performini agreement or services herein; provided, however, that County's duty to inder and hold harmless shall not include any claims or liability arising fro] misconduct of the City, its agents, officers or employees. City shall de indemnify, protect, and hold County and its agents, officers and empl harmless from and against any and all claims asserted or liability establ for damages or injuries to any person or property, including injury to C employees, agents or officers which arise from or are connected with o caused or claimed to be caused by the acts or omissions of City, and its a< officers or employees, in performing the agreement or services herein; proi however, that City's duty to indemnify and hold harmless shall not incluc claims or liability arising from the misconduct of the County its a! officers or employees. 5 0 0 11. County employees performing animal control functions as City a' pursuant to this agreement shall not be City agents for the m indemnification purposes of this section, PROSECUTION 12. This Basic Agreement shall not impose upon the District Attorn the County or the County Counsel obligation to prosecute violations of the Municipal Code other than such obligation as may be imposed by law. The Cil prosecute violations of the City Municipal Code and cooperate in givin Department of Animal Control opinions and advice with respect to the enforc of such City ordinances. TERMINATION CAUSED BY CHAPTER 6 13. Notwithstanding anything to the contrary herein contained, contract shall be terminated at any time that City fails to enact and to mai in full force and effect, including the amount of fees provided, an ord' identical to, or adopts by reference the provisions of Chapter 6 and 7, Di' 2, Title 6 of the San Diego County Code, unless any deviations are specif agreed to by the County Director of Animal Control (San Diego County , Control Ordinance ). This contract shall also be terminated if the requests that the City enact amendments to said ordinance to complj amendments to Chapter 6 and 7, Division 2, Title 6 of the San Diego Code a' by the Board of Supervisors and such amendments are not made within 120 d this request. 6 0 e EFFECTIVE PERIOD 14. This contract shall become effective on July 1, 1991 and shall for a period ending June 30, 1996, and at the option of the City Council City, with the consent of the Board of Supervisors of County, shall be renewl thereafter for an additional period of not to exceed five (5) years. 15. In event the City desires to renew this agreement for an additic period not to exceed five-years, the City Council shall not later than May 1, 1996, notify the Board of Supervisors of County that it wishes to r the same, whereupon the Board of Supervisors, not later than June 15, 1996, s notify the City Council in writing of its willingness to accept such rene Otherwise, such agreement shall finally terminate at the end of aforementioned period. GENERAL TERMINATION 16. The County or City may terminate this agreement at any time oi year provided that notice of intent to terminate this agreement is provid writing to the other party at least thirty (30) days prior to dat termination. RATES 17. City agrees that whenever animals or persons from withii boundaries of the City are accorded Animal Control Services by Coun. described in this agreement, the City shall pay the full cost for the ser to said persons or for said animals, including indirect costs. City agrc make the following payment in 1991-92 towards the full cost for services $ 95,040. 18. During the remaining four-year term of this agreement, City sha County a sum not to exceed the amount annually appropriated by City Counci the event that City Council shall fail to budget adequate and sufficient 7 e e in the FY 92-93, FY 93-94, FY 94-95 or FY 95-96 budgets, the terms of t agreement commencing July 1, 1991, may be modified by the written consent of City Manager and the Chief Administrative Officer of the County to effect net animal control services with whatever funds may be provided in the budget. 19. City agrees that County may keep and retain any and all license other fees specified in the Animal Control Services Fee Resolution collectec the County pursuant to this agreement, and County agrees to credit collections against City’s obligation to pay the full cost of animal con services. Should the actual net full costs differ from the amount specifie paragraph 17 and from County estimates provided City in subsequent years of agreement, the billing in the year following the year after the fiscal ye: which the services were delivered shall be adjusted to either credit or ( CITY for the difference. 20. The County agrees, through the Department of Animal Contro provide within 30 days of adoption of this agreement and, on or before Ja 15th of each year thereafter, an estimate of the total costs and revenui resulting net charges for all animal control services to be provided to the for the following fiscal year. RESTRICTIONS BY SECTION 23008 All services rendered hereunder are subject to the limitations ( provisions of Section 23008 of the Government Code, and in accordance there before any services are rendered pursuant hereto, an amount equal to one-hu ten percent (110%) the estimated annual net charges shall be budgeted by thl from its funds to ensure payment for work, services or materials prc hereunder. 21. 8 0 0 PROVISION FOR INVOICE AND BILLING 22. The County through its Department of Animal Control shall render said City within twenty (20) working days after the close of each billing pew an itemized invoice which covers all services performed during said bil period, and said City shall pay County therefore within thirty (30) day! receipt of the invoice. 23. If such payments provided above are not delivered to the Co office which is described on said invoices within thirty (30) days of the of receipt of the invoice, the County is entitled to recover interest ther Interest shall be calculated at the rate of seven (7) percent per annum or unpaid portion thereof calculated from the last day of the month in whict- services were performed. 24. If such payments are not delivered to the County office whic described on said invoice within thirty (30) days of the date of receipt o invoice, the County may satisfy such indebtedness, including interest thei from any funds of the City on deposit with the County without giving fur notice to City of County’s intention to do so. Should the amount of a revenues collected exceed the estimated amounts the County shall adjus difference as part of the final billing. RECORD KEEPING 25. The County agrees to keep separate records for each City in suct and manner as the County Auditor & Controller shall specify. The County i to give City a monthly report regarding impounds, claims, adoptions and ar euthanized from City. The County also agrees to give City a quarterly repc licensing activities and rabies vaccination schedules within City. 26. All records evidencing services to City shall be open for examir and audit by said City during all business hours. 9 e e HUMANE AND SANITARY CONDITIONS 27. The County agrees to maintain its kennels and animal shelter i humane manner and keep said premises in a sanitary condition at all times that all services furnished by it hereunder shall be in accordance with the i of the State of California and that it will give the prescribed notices and humane methods of care and destruction of any animal coming under j ur i sd i c t i on. AD HOC COMMITTEE 28. The County agrees to form an Ad Hoc Committee consisting I representative from each of it’s contract cities. The County also agrees to City the opportunity for input on future fees or fee changes. NOTICE REGARDING RESEARCH ANIMALS 29. The County agrees to continue its existing practice of not provi animals from the North County Shelter to UCSD or any other facility for res( purposes and agrees to give City sixty (60) days written advance notice o change in that practice. 30. This clause shall not require the County to breach any agreement UCSD or any other facility for research for provision of animals. 10 0 a t IN WITNESS WHEREOF, the City of Carlsbad , by order of it Council, caused this agreement to be signed by its , and the ( of San Diego, by order of its Board of Supervisors, has caused this agreeml be signed by the Clerk of the Board and the seal of said Board to be a. thereto. Mayor COUNTY OF SAN DIEGO BY Mayor Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM: County Counsel BY Deputy 11