HomeMy WebLinkAbout2008-09-09; City Council; 19562; Animal Control Services Contract ApprovalCITY OF CARLSBAD - AGENDA BILL 13
19,562AB#
MTG. 9-9-08
DEPT. POLICE
ANIMAL CONTROL SERVICES
CONTRACT APPROVAL
DEPT.
CITY ATTY
CITY MGR.-yj^
RECOMMENDED ACTION:
City Council to adopt Resolution No. 2008-248 authorizing the City Manager to execute an
agreement with the County of San Diego for animal control services.
ITEM EXPLANATION:
On May 15, 1986, the City of Carlsbad adopted Resolution No. 9085 approving a contract with
the County of San Diego for animal control services. The County has satisfactorily provided
animal control services for the past 22 years pursuant to additional contracts and annual
extensions. The new agreement would cover these services for five years starting July 1, 2008,
through June 30, 2013.
FISCAL IMPACT:
The estimated annual net cost of the contract is $503,230. Funds totaling $503,230 have been
budgeted in the 2008-09 General Fund operating budget.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guideline section 15738, this does
not constitute a "project" within the meaning of CEQA and therefore does not require an
environmental review.
EXHIBITS:
1. Resolution No. /uuo-248
2. Agreement
DEPARTMENT CONTACT: Lynn Diamond 760-931-2170 Ldiam@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED
DENIED
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER-SEE MINUTES D
Exhibit 1
1 RESOLUTION NO. 2008-248
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, RATIFYING AN AGREEMENT
3 BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND
4 THE COUNTY OF SAN DIEGO FOR ANIMAL CONTROL
SERVICES
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WHEREAS, animal control services have been provided to the City of Carlsbad
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by the San Diego County Department of Animal Services; and
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WHEREAS, the most recent agreement was effective through June 30, 2008;
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and
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WHEREAS, it is necessary and desirable to continue providing animal control
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services for the City of Carlsbad through the County Department of Animal Services.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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2. That the agreement for animal control services attached hereto between
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the City of Carlsbad and the County of San Diego, is hereby ratified.
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3. That the City Manager of the City of Carlsbad is hereby authorized and
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directed to execute said agreement for and on behalf of the City of Carlsbad, California.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 9th day of September, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
EWiS, "Mayor
ATTEST:
Q"
September 3, 2008
TO:CITY MANAGER
!
CITY OF CARLSBAD
CITY CLERK'S OFFICE
All Receive-Agenda Item #J _>
For the Information of the;
CITY COUNCILAsst.
Date j/S City Manager.l/U—-
FROM: SR. MANAGEMENT ANALYST, POLICE
2008-09 ANIMAL CONTROL SERVICES CONTRACT
The County's proposed contract for animal control services for 2008-09 is
$503,230. This is an increase of $38,604 or 8.3% compared to the previous
year's contract of $464,626.
The animal control contract is based on a formula that equally combines
Carlsbad's population as a percent of the animal control service population,
and Carlsbad's actual service requests as a percentage of all service
requests. These gross costs are offset by licensing and other revenue.
The increase of $38,604 compared to the previous year is due to an increase
in Carlsbad's population as a percentage of the service area total, from
4.90% to 4.98%, a decrease in Carlsbad's share of the total service
requests, from 4.68% to;4.28%, and an increase in Department of Animal
Services shared costs ($59,020).
07/08 vs. 08/09 Dept. of Animal Services Increases/Decreases Due to:
Carlsbad
Population
$4,535
..Service
Requests
-$24,951
Animal Services
SharedGosts
$59,020
Total
$38,604
The increase in Department of Animal Services costs are due to the
following:
• Estimated salary and benefits increases
• Staffing addition of two registered veterinary technicians
• Increase in internal service funds (liability, utilities, facilities)
There are no service or program changes in the proposed contract for 08-09.
Please let me know if you need any other information.
LYNN DIAMOND
AGREEMENT BETWEEN CITY OF
CARLSBAD AND COUNTY OF
SAN DIEGO FOR ANIMAL CONTROL SERVICES
THIS AGREEMENT made and entered into this day of , 2008,
between the County of San Diego, a political subdivision of the State of California
("COUNTY") and the City of Carlsbad, a California municipal corporation ("CITY").
WITNESSETH
WHEREAS, CITY is a municipal corporation of the State of California 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 California and
through its Department of Animal Services ("ANIMAL SERVICES"), desires to provide
animal control services to CITY; and
WHEREAS, Section 500.4 of the Charter of the County of San Diego and
sections 51300 et seq. of the Government Code authorize COUNTY and CITY to
contract for the performance of animal control services within CITY.
NOW, THEREFORE, in consideration of the 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, 2008 and shall terminate on June
30,2013 unless terminated sooner as provided for herein. The agreement may be
extended beyond June 30, 2013 for additional five-year terms with written consent of the
parties.
SECTION 2
DEFINITIONS
For purposes of this 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 1
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 of the CITY for action or response by an Animal
Control Officer, as well as actions by Animal Control Officers to enforce animal related
laws based on the observations of Animal Control Officers.
6. The term "on-site veterinarian services" means emergency triage care; the
diagnosis and treatment of acute injuries and illnesses; the treatment of chronic illnesses
and injuries to the extent that the animals are kept comfortable; the prescribing of
analgesics to alleviate pain; and the spaying and neutering of adoption animals.
7. The term "dangerous dog" has the same meaning as the term is defined
under section 62.601 of the San Diego County Code of Regulatory Ordinances.
SECTION 3
SCOPE OF SERVICE
1. COUNTY, through ANIMAL SERVICES, shall provide general animal
control services within the corporate limits of CITY to the extent and in the manner
hereinafter set forth.
2. Such services shall be defined as those duties and functions of the type
coming within the jurisdiction of and customarily rendered by ANIMAL SERVICES
under the County of San Diego Code of Regulatory Ordinances and the statutes of the
State of California. In providing services to CITY, COUNTY shall make its best efforts
to achieve service responses/service goals as defined in Section 5. The Director shall
have discretion in determining how the level of service shall be achieved by COUNTY.
CITY may provide input to the Director on the manner in which services are provided to
CITY.
SECTION 4
LEVELS OF SERVICES
1. ANIMAL SERVICES shall provide the following animal control services,
unless the parties to this Agreement agree in writing to any changes in the provision of
such services:
A. Shelter Management Services:
(1) Operate, 24 hours per day, seven days per week, a holding shelter for the
feeding and care of CITY's lost, abandoned and impounded animals. COUNTY will
operate three holding shelters outside of CITY. One shelter will be located in the north
San Diego County region, one in the City of San Diego, and another shelter will be
located in the south San Diego County region. COUNTY may, in its discretion, open
additional holding shelters to meet future animal control shelter needs. At the Director's
discretion, the shelter nearest to CITY shall provide for the 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 than a shelter nearest to CITY,
COUNTY shall notify CITY of this 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 furnished by the COUNTY'S
shelters shall be provided in accordance with applicable state and local laws. COUNTY
shall use humane methods in the 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 euthanasia of animals, public nuisance hearings, general
impoundment and dangerous dog hearings. In establishing the days and times for public
access to shelters, the public interest and customer service shall be a primary
consideration.
B. Patrol Services:
(1) rescue injured animals and reptiles in CITY;
(2) pickup and impound stray animals and reptiles in CITY;
(3) quarantine biter animals 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 that occur within CITY'S jurisdiction;
(6) investigate matters that occur within CITY's jurisdiction regarding cruelty
or neglect to animals;
(7) return lost dogs found in CITY to their owners in the field, if possible;
(8) present cases involving animal-related violations that occur in CITY to the
District Attorney or City Attorney for prosecution; and
(9) investigate and license kennels (as defined in San Diego Code of
Regulatory Ordinances, section 62.601) located in CITY.
(10) COUNTY will provide emergency Patrol Services for CITY 24 hours per
day, 7 days per week as the need arises or as requests for service are made
by CITY residents.
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 with dog owners;
(4) with CITY, jointly organize and fund rabies vaccination clinics for animal
owners residing within CITY, which may be held at least annually within
CITY or within 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 the rabies vaccination clinics;
(5) provide computer support for services provided to CITY under this
Agreement; and
(6) Provide dog owners with reasonable advance notice of the 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 from this
Agreement.
F. COUNTY, with cooperation from CITY, shall develop and implement a
marketing plan to encourage citizen participation in ANIMAL SERVICES' programs and
services. Such marketing plan may include, but is not limited to, encouraging responsible
pet ownership including licensing and compliance with pet-related laws, adoption of
shelter animals, rabies vaccination and spaying and neutering of animals. Such
marketing plan may also include a public-private partnership with private entities to
jointly market ANIMAL SERVICES' programs and services. Such marketing program
shall include recommendations made by the Ad Hoc Committee described in Section 13.
G. Upon written request by CITY, COUNTY may provide additional services
not included in Section 4, paragraph A through F or may increase the level of existing
services specified in Section 4, paragraph A through F. The nature, scope and cost of
such additional services and/or increased level of services shall be mutually defined and
made a part of this Agreement under the Joint Operating and Financial Plan, as described
in Section 6, upon approval of COUNTY and CITY.
H. COUNTY shall be excused from performance of its obligations under this
Agreement to the extent that it is prevented from performing any services as a result of
delays caused by an act of God, war, civil disturbance, court order, governmental action,
laws, orders, or as a result of events such as public enemies, fires, earthquakes, floods,
strikes or other labor disturbances of COUNTY or CITY, or other cause beyond its
reasonable control that could not have been prevented by reasonable precautions, and,
except as set forth herein, such nonperformance shall not be a default hereunder or a
ground for termination. If COUNTY'S cost of providing services to CITY decreases as a
result of the above, CITY may be entitled to a proportionate reduction in the cost of
services for the 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 within
one hour. Priority 1 calls are defined in Attachment A.
2. COUNTY shall make its best effort to respond with a minimum of 85%
efficiency to Priority 2, 3 and 4 calls within 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 the percentage of animals
that are claimed by their owners and to increase the percentage of animals that are
adopted.
4. COUNTY shall make its best effort to decrease the percentage of animals
that are euthanized.
5. COUNTY shall make its best effort with assistance from the CITY to
increase the per capita rate of licensed dogs.
6. COUNTY shall make its best effort to increase the percentage of licensed
dogs that are altered each fiscal year.
7. COUNTY shall make its best effort to ensure that all alterable animals are
spayed or neutered prior to adoption from COUNTY shelters.
SECTION 6
JOINT OPERATING AND FINANCIAL PLAN
1. Throughout the term of this Agreement, CITY and COUNTY shall, on a
fiscal year basis, prepare a written Joint Operating and Financial Plan for the services to
be provided under Sections 3 through 4. The Joint Operating and Financial Plan shall
state the total gross cost, estimated revenues and the net cost for the services specified
under Sections 3 through 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 the
net cost for animal control services provided under this Agreement. The annual written
Joint Operating and Financial Plans shall be approved by CITY and COUNTY prior to
the beginning of each fiscal year and shall be effective for the applicable fiscal year. The
annual Joint Operating and Financial Plan shall be made a part of this Agreement as
Attachment B. Successive annual Joint Operating and Financial Plans shall supersede
and replace the preceding Joint Operating and Financial Plans. By February 1 of each
fiscal year, COUNTY shall provide CITY a preliminary estimate for the next fiscal year
of the gross cost, estimated revenues and net cost for animal control services for the next
fiscal year.
2. COUNTY shall calculate on a fiscal year basis the gross cost of providing
animal control services to CITY using the 50/50 Costing Methodology 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 whether COUNTY provides services to the contract cities.
The budgeted fiscal year total cost shall include those indirect costs specified in Federal
Circular A-87. One-half of CITY'S gross cost shall be determined 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 the gross cost will
be calculated based upon CITY'S proportionate share of the prior year's total requests for
service received by ANIMAL SERVICES from 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 this Agreement
license and other fees specified under COUNTY'S Animal Control Services Fee
Resolution that are paid by residents of CITY. COUNTY will calculate on an annual
basis an estimate of the actual amounts expected to be received and collected by
COUNTY as payment of license and other fees by residents of CITY. COUNTY shall
subtract from the annual gross cost the annual estimated revenues collected within CITY
to arrive at an annual net cost. CITY will pay COUNTY the annual net cost for
providing animal control services as stated in the annual Joint Operating and Financial
Plan. Spay/Neuter Deposit Forfeiture Account funds will be excluded from this
calculation and will be allocated according to State law. Any amounts that 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 from the calculation of estimated or actual revenues.
4. If at the end of the fiscal year, COUNTY does not collect the annual
estimated amount of revenues, CITY shall pay COUNTY the difference between the
actual annual amount of revenues collected and the annual estimated amount of revenues
within 60 days of written notice of deficiency of revenues from COUNTY. If COUNTY
collects revenues in excess of the estimated amount of revenues, COUNTY will refund
the excess revenues to CITY within 60 days of written notice of surplus. COUNTY shall
provide written notice of surplus or deficiency to CITY within 30 days after the end of
each fiscal year. Upon receipt of written notice, CITY may instruct COUNTY to apply
excess revenues against future gross cost.
5. CITY shall pay the net cost to COUNTY by making quarterly 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
the due date shall relieve ANIMAL SERVICES of its obligation 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
within 45 days of the due date for payment, as stated in paragraph 5 above, COUNTY is
entitled to recover interest thereon. Interest shall be calculated at the rate of 10% per
annum on any unpaid portion thereof calculated from the last day of the month in which
the services were performed.
7. If such payments are not delivered to COUNTY office at the address listed
below within 45 days of the due date for payment, COUNTY may offset such
indebtedness, including interest thereon, from property tax funds of CITY on deposit with
COUNTY in accordance with Government Code 907, as may be amended from time to
time.
COUNTY OF SAN DIEGO
DEPARTMENT OF ANIMAL SERVICES
5480 GAINES STREET
SAN DIEGO, CA 92110
8. Failure by COUNTY and/or CITY to approve the annual Joint Operating
and Financial Plan prior to the beginning of the fiscal year (July 1), is grounds for
termination of this Agreement. Such termination shall be under the same terms and
conditions as Section 12, "Termination For Convenience." As such, COUNTY shall
continue to provide animal control services for one fiscal year ending the following June
30 under the terms of this Agreement and the last approved Joint Operating and Financial
Plan. CITY shall pay COUNTY for animal control services rendered under the terms of
this Agreement and the last approved Joint Operating and Financial Plan through the
effective date of the termination.
SECTION 7
RECORD KEEPING
1. COUNTY shall keep separate records for CITY in such form and manner
as the County Auditor & Controller shall specify. COUNTY shall give CITY, at a
minimum, monthly reports of information including impounds, claims, dog licenses sold
for altered/unaltered dogs, revenues, requests for services, adoptions and animals
euthanized from CITY. The monthly 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 minimum of
three years.
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 the sole discretion of the Director, will
allocate an amount equivalent to 5% of all estimated license fee revenues collected by
COUNTY for deposit into a separate trust fund account ("Spay/Neuter Surcharge Trust
Fund"). Funds deposited into or expenditures made from the Spay/Neuter Surcharge
Trust Fund shall not be considered in calculating estimated revenues or costs under
Section 6.
2. Funds deposited in the Spay/Neuter Surcharge Trust Fund may be used
only for encouraging the spaying or neutering of pets owned by residents of CITY.
COUNTY shall operate a spay/neuter program or contract with a responsible provider to
operate a spay/neuter program for the direct benefit of CITY's residents. COUNTY and
CITY, with recommendations from the Ad Hoc Committee, as described in Section 13,
shall determine how the portion of Spay/Neuter Trust Funds contributed by residents of
CITY shall be allocated.
SECTION 9
CITY ASSISTANCE
1. In performing the services pursuant to this Agreement, COUNTY shall
have all the powers of CITY and shall receive all cooperation possible from CITY, its
officers, agents and employees to enable efficient enforcement of such local and state
laws as specified in this Agreement and to effectuate collections called for hereunder
2. For the purpose of performing animal control services under this
Agreement, COUNTY shall furnish and supply all necessary personnel, labor,
supervision, equipment and supplies necessary to maintain the level of service to be
rendered hereunder. COUNTY will notify CITY of any changes in ANIMAL
SERVICES' executive staff.
3. All persons employed in the performance of such services and functions
for CITY pursuant to this Agreement shall be COUNTY employees. No CITY
employees shall perform services or functions that COUNTY is obligated to provide
under this Agreement. All persons employed by COUNTY to perform the services
pursuant to this Agreement shall be entitled solely to the rights and privileges given to
COUNTY employees and shall not be entitled, as a result of providing services pursuant
to this Agreement, to any additional rights and privileges given to CITY employees.
4. COUNTY is an independent contractor, and no agency relationship, either
expressed or implied, is created by the execution of this 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 other than that provided for in this 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, the
provisions of Chapter 6 and 7, Division 2, Title 6 of the San Diego County Code of
Regulatory Ordinances and any amendments to such ordinances and the COUNTY'S
most current 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 of the acts or omissions of COUNTY in the performance of this
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 imposed by this Agreement. CITY shall notify COUNTY
promptly of any claim, action or proceeding and cooperate fully in the defense.
2. CITY shall defend and indemnify COUNTY, its agents, officers and
employees (collectively, "COUNTY") from any claim, action or proceeding against
COUNTY, arising solely out of the acts or omissions of CITY in the performance of this
Agreement. At its sole discretion, COUNTY may participate at its own expense in the
defense of any such claim, action or proceeding, but such participation shall not relieve
CITY of any obligation imposed by this Agreement. COUNTY shall notify CITY
promptly of any claim, action or proceeding and cooperate fully in the defense.
3. COUNTY shall defend itself, and CITY shall defend itself, from any
claim, action or proceeding arising out of the concurrent acts or omissions of COUNTY
and CITY. In such cases, COUNTY and CITY shall retain their own legal counsel, bear
their own defense costs, and waive their right to seek reimbursement of such costs, except
as provided in subsection 5 below.
4. Notwithstanding subsection 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 of the concurrent acts or
omissions of COUNTY and CITY. Joint defense counsel shall be selected by mutual
agreement of COUNTY and CITY. COUNTY and CITY shall share the costs of such
joint defense and any agreed settlement in equal amounts, except as provided in
subsection 5 below. COUNTY and CITY further 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 of the parties, COUNTY and CITY may seek reimbursement and/or
reallocation of defense costs, settlement payments, judgments and awards, consistent
with such comparative fault.
SECTION 11
TERMINATION
1. Notwithstanding anything to the contrary herein contained, this
Agreement shall be terminated at any time that CITY fails to enact or adopt by reference
and to maintain in full force and effect, including the amount of fees provided in the
COUNTY'S most current fee resolution, an ordinance identical to the provisions of
Chapter 6 and 7, Division 2, Title 6 of the San Diego County Code of Regulatory
Ordinances, unless any deviations are specifically agreed to by the Director. This
Agreement shall also be terminated if COUNTY requests that CITY enact amendments to
aid ordinance and such amendments are not made within 90 days of this request.
2. If COUNTY fails to provide animal control services, as required under
this Agreement and/or in the Joint Operating and Financial Plan, CITY may provide
written notification to COUNTY of such failure to provide services. COUNTY shall be
given 30 days from the date of receipt of written notification by CITY to provide the
required animal control services. If COUNTY fails to provide such services after 30 days
from receipt of written notification, CITY may terminate this Agreement upon 30 days
additional written notice.
3. In the event of termination under Section 11, CITY shall pay COUNTY
on a prorated basis for animal control services rendered consistent with this Agreement
and the Joint Operating and Financial Plan through the date of termination.
SECTION 12
TERMINATION FOR CONVENIENCE
1. CITY acknowledges that in order to provide animal control services
pursuant to this Agreement, COUNTY must conduct long range planning for funding,
new shelter development and staff requirements. Therefore, notwithstanding any other
section or provision of this Agreement, either party may terminate this Agreement by
giving a one-year advance written notice of intention to terminate.
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SECTION 13
AD HOC COMMITTEE
1. COUNTY shall form an Ad Hoc Committee consisting of a representative
from each of the cities to which COUNTY provides animal control services by contract.
Each member of the Ad Hoc Committee shall have the opportunity to provide input
regarding animal control services, future fees and fee changes.
SECTION 14
FUNDING BY CITY
1. If CITY fails to appropriate funds for this Agreement, such action shall
not be considered a breach of this Agreement. Under no circumstances shall CITY fail to
appropriate funds for this Agreement for the purpose of obtaining animal control services
from another provider or to establish its own animal control services department without
providing COUNTY with one year notification as specified in Section 12.
SECTION 15
CONTRACT ADMINISTRATION
1. COUNTY designates the Director or his/her designated representative to
represent COUNTY in all matters pertaining to the administration of this Agreement.
2. CITY designates its City Manager or designated representative to
represent CITY in all matters pertaining to this Agreement on behalf of CITY.
3. Any notice or notices provided for by this Agreement or by law to be
given or served upon COUNTY may be given or served in person or by letter deposited
in the 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 this Agreement or by law to be
given or served upon CITY may be given or served in person or by letter deposited in the
United States mail, postage prepaid and addressed to:
11
IN WITNESS WHEREOF, CITY, has duly adopted by its City Council, has
approved the execution of this Agreement by its City Manager, and COUNTY, by order
of its Board of Supervisors, has approved the execution of this contract by the Clerk of
the Board of Supervisors of the County of San Diego, this day of
2008.
CITY COUNTY OF SAN DIEGO
By:
City Manager
By:.
Director of Animal Services
Approved as to form and legality Approved as to form and legality
County Counsel
By:
Senior Deputy
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ATTACHMENT A
COUNTY OF SAN DIEGO
DEPARTMENT OF ANIMAL SERVICES
RESPONSE PRIORITY LEVELS
TYPE OF SERVICE X
Threatening Dangerous Animal
Possible Rabid/Biter Animal
Major Injury to Animal
Threat from Wild Animal
Cruelty
Animal Inside Vehicle
Fighting Animals
Dogs harassing Livestock
Sick/Minor Injury Animal
Animal Welfare
Isolation of Biting Animal for Rabies
Examination
Confined Stray Animal
Relinquished Animal
Restraint of Animal
Wild Animal
Misc. Patrol Services
RESPONSE PRIORITY LEVEL ,
; TN PROGRESS NOT IN PROGRESS?;
1
1
1
1
1
1
1
1
2
2
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
N/A
N/A
4
4
4
4
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.
13