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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 COUNCIL ACTION:APPROVED DENIED CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Exhibit 1 1 RESOLUTION NO. 2008-248 2 A RESOLUTION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 5 6 WHEREAS, animal control services have been provided to the City of Carlsbad 7 by the San Diego County Department of Animal Services; and 8 WHEREAS, the most recent agreement was effective through June 30, 2008; 9 and 10 WHEREAS, it is necessary and desirable to continue providing animal control 11 services for the City of Carlsbad through the County Department of Animal Services. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 13 Carlsbad, California, as follows: 14 1. That the above recitations are true and correct. 15 2. That the agreement for animal control services attached hereto between 16 the City of Carlsbad and the County of San Diego, is hereby ratified. 17 3. That the City Manager of the City of Carlsbad is hereby authorized and 18 directed to execute said agreement for and on behalf of the City of Carlsbad, California. 19 20 21 22 '" 23 24 /// 25 /// 26 /// 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10 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 12 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