HomeMy WebLinkAbout1991-08-20; City Council; 11299; ANIMAL CONTROL SERVICES CONTRACT. AB # 1); %qo/ TITLE:
MTG. %*20*/ ANIMAL CONTROL SERVICES CONTRACT POL DEPT.
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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.
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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;
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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