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Home My WebLink About2013-11-05; City Council; 21406; Animal Control Services Joint Plan Approval8 CITY OF CARLSBAD - AGENDA BILL AB# 21,406 DEPT. HEAD MTG. 11-5-13 ANIMAL CONTROL SERVICES JOINT OPERATING & FINANCIAL PLAN APPROVAL CITY ATTY. DEPT. POLICE ANIMAL CONTROL SERVICES JOINT OPERATING & FINANCIAL PLAN APPROVAL CITY MGR. RECOMMENDED AaiON: Citv Council to adopt Resolution No. 2013-254 authorizing the City Manager to execute the Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2013-14 contract 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 27 years pursuant to additional contracts and annual extensions. The current agreement, approved by Council on September 25, 2012 (See Exhibit 4), covers these services for five years starting July 1, 2013, through June 30, 2018. Annually, the County of San Diego prepares a written Joint Operating and Financial Plan for the services to be provided for the following fiscal year. FISCAL IMPAa: The annual net cost of the contract is determined using a 50/50 methodology. The formula is based 50 percent on population and 50 percent on requests for service from the previous year. The total cost of the program minus revenue generated by the City determines the contract amount (See Exhibit 3). The estimated annual net cost of the contract for Fiscal Year 2013-14 is $540,970. The contract amount for the previous fiscal year was $515,867. The Fiscal Year 2013-14 estimated contract amount shows an increase of $25,103 (4.9%) due to an increase in County costs and a redistribution of population and service calls among contract agencies. The total amount was appropriated in the Fiscal Year 2013-14 Police operating budget. ENVIRONMENTAL IMPAa: 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. 2013-254 ratifying a joint operating and financial plan between the City of Carisbad, California and the County of San Diego for animal control services 2. Contract Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2013-14 3. Fiscal Year 2013-2014 Joint Operating and Financial Plan Recommended Budget 4. Agreement between City of Carlsbad and County of San Diego for Animal Control Services (2013 - 2018) DEPARTMENT CONTAa: Fiona Everett 760-931-2279 fiona.everett(5)carlsbadca.gov FOf? CITY CLERKS USE ONLY. COUNCIL AaiON: APPROVED ^ CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE • UNKNOWN CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Exhibit 1 RFSQLUTION NO. 2013-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RATIFYING A JOINT OPERATING AND FINANCIAL PLAN BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND THE COUNTY OF SAN DIEGO FOR ANIMAL CONTROL SERVICES WHEREAS, animal control services have been provided to the City of Carlsbad by the County of San Diego Department of Animal Services; and WHEREAS, the most recent agreement is effective through June 30, 2018; and WHEREAS, the County of San Diego Department of Animal Services prepares a Joint Operating and Financial Plan annually for the services to be provided for Fiscal Year 2013-14; and WHEREAS, it is necessary and desirable to continue providing animal control services for the City of Carlsbad through the County of San Diego Department of Animal Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager of the City of Carlsbad is hereby authorized and directed to execute the Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2013-14 agreement for and on behalf of the City of Carisbad, California. 3. That the Agreement between the City of Carlsbad and the County of San Diego for Animal Control Services, entered into on September 25, 2013 (attached hereto as Exhibit 4), is hereby amended to include Attachment B Contract Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2013-14 as an exhibit thereto. /// /// PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the S'^ day of November, 2013, by the following vote to wit: AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. ATTEST: BARBARA ENGLESON, City derk sN^'lvSBAp/V ATTACHMENT B City of Carlsbad Contract Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2013-14 This Joint Operating and Financial Plan made and agreed to for the period begmning July 1, 2013 and ending June 30, 2014, by and between the City of Carlsbad and the County of San Diego shall become a part of the Agreement between said parties. The County of San Diego shall provide animal control services to the City of Carlsbad as specified in Sections 3 through 5 of the Agreement. The gross cost of providing animal control services to Carlsbad for fiscal year 2013-14 shall be $685,870. The County shall collect license and other fees, as specified under the County's Animal Services Fee Resolution within City of Carlsbad. For fiscal year 2013-14, the estimated revenue amount to be collected within City of Carlsbad is $150,000. After deducting estimated revenues firom gross cost, the City of Carlsbad shall pay County the net amount of $540,970, which includes the amount of $5,100.00 to finance the spay/neuter program as provided for in Sections 6 and 8 of the Agreement. The City of Carlsbad shall pay County in quarterly payments as specified in Section 6, paragraph 5 ofthe Agreement. As approved: CITY OF CARLSBAD COUNTY OF SAN DIEGO By:. Director of Animal Services Approved as to form and legality ^ft^ffT City Attomey Approved as to form and legality County Counsel By:. Senior Deputy OFFICE: (619)767-2605 FAX: (619)767-2706 DAWN DANIELSON. RVT DEPARTMENT OF ANIMAL SERVICES ^''SL S^'S"" DIRECTOR 5480 GAINES STREET, SAN DIEGO, CA 92110-2687 July 17, 2013 Lisa Hildabrand, City Manager c/o Fiona Everett, Management Analyst City of Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92008 Dear Ms. Hildabrand: ANIMAL SERVICES FY 2013-14 JOINT OPERATING AND FINANCIAL PLAN Please find enclosed the Animal Services FY 2013-14 Joint Operating and Financial Plan The increased amount to your city for Animal Control Services is $25,103. Details of the changes to the department's operational plan including the annual salary and benefit adjustments and increases and decreases to various services and supplies accounts have not changed in this update. We understand the tight budget constraints each of you are working with and have done our best to limit increases to the costs that we all share to provide superior animal control services to both our citizens and yours. These documents include an overview of the various cost factors affecting the delivery of animal control and sheltering services to our residents and to you, the cities served by the County of San Diego Department of Animal Services. As you know, your city's annual contract costs are affected by three factors: 1) increases in shared departmental operating costs; 2) your city's pro-rated share of those costs based on population growth, and 3) volume of requests for patrol services. Our overall increase for all cities is only 4.5%. Because of the fluctuations based on the formula for your city's share the increase is greater for some cities and for two there have even been decreases. To see a breakdown of increases and decreases by the three factors in the formula see pages 4 and 5. The figures for your city's net annual cost—and the basis for the amount of your city's quarterly payment are on Page 8. Also enclosed are contract Attachment B documents for your approval. Please return the signed copies as soon as possible. © TO PROTECT THE HEALTH, SAFETY AND WELFARE OF PEOPLE AND ANIMALS Lisa Hildabrand July 17, 2013 Page 2 If you have any questions or need additional information, please call Randall Krogman, Administrative Services Manager II, at 619-767-2622. 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CD CO CD CO 00 CD 00 CO o co_ iri •*" co" 00" Tt" o" 00 CO CM CM t- cn CO Tt o ^ to CM CD CO CM T- CO CJ) Tt 1^ m T- C3) Tt" od CJ) CO CO *^ CM O CO 00 CJ) CO CD T- -c- m o O) T- m T- CM_ CJ) T-" T-" co" T-" co" CM" CM CO T- CM T- CO CO CO CO CO CO 1^ O Tt O CD CO o CO CJ) m o CO CJ) m CM CM_ 00 co" co" o" K o" h-" CO CO T- O O 00 CD CO Tt r-- Tj; to CJ) CO 5 CO o o CO O 0) •O (/) O) CQ ™ <5 .-2 (u ro •S 2 1 "=> i2 ^ — _ o c c is ro (U c ro ro o O Q liJ CO CO CO CM 00 CO CM CO CO IvT CD" O) CO CM iri m" Q) < CO h- _l _J o o H I- II c o E n CL u s c o o 0) to ^ O ^ O t *^ c 0) o Z O B S o o O CD b ' OT ro ro 0) CO CO CJ) m 0 0 m 0^ 0 0^ m CM ai r^" CO m co_ CD" T—" T— CO CO .9? 5 .ti O o o o b AGREEMENT BETWEEN CITY OF CARLSBAD AND COUNTY OF SAN DIEGO FOR ANIMAL CONTROL SERVICES THIS AGREEMENT made and entered into this day of.|tpV „, 2012, between the County of San Diego, a political subdivision of the State of Cahform^^^^ ("COUNTY'') and the City of Carlsbad, a chartered municipal corporation ( LA l Y ^ WITNESSETH WHEREAS CITY is a chartered municipal corporation ofthe State of Califomia within the County of San Diego and desires to obtain animal control services from COUNTY; AND WHFRF AS COUNTY is a political subdivision of the State of Califomia and teoughitsD^ent of Animal Se'r^ices ("ANIMAL SERVICES"), desires to provide animal control services to CITY; and WHEREAS, Section 500.4 ofthe Charter ofthe ^ounty^I^^^^^^^^ sections 51300 et seq. ofthe Govemment Code authonze COUNTY^^ CITY to contract for the performance of animal control services withm CITY. NOW THEREFORE, in consideration ofthe 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 ThisAgreementshalltakeeffectJuly 1,2013 and shall terminate on June 30 2018'unless terminated sooner as provided for herein. The agreement may be Sed tyonr^^^^^ 2018 for additional five-year temis with written consent ofthe parties. SECTION 2 DEFINITIONS For purposes ofthis Agreement, the words listed below shall have the definitions as indicated. 1 The term "CITY" means the City of Carlsbad. ^ ^ , r 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 ofthe CITY for action or response by an Ammal Control Field Officer, as well as actions by Animal Control Officers to enforce animal related laws based on tiie observations of Animal Control Officers. 6 The term "on-site veterinarian services" means emergency triage care; tiie diagnosis and treatment of acute injuries and illnesses; tiie treatmem of chronic illnesses and injuries to tiie extent tiiat tiie animals are kept comfortable; tiie prcscnbmg ol analgesics to alleviate pain; and tiie spaying and neutering of adoption ammals. 7 The term "dangerous dog" has tiie same meaning as the term is defined under section 62.601 ofthe San Diego County Code of Regulatory Ordinances. SECTION 3 SCOPE OF SERVICE 1 COUNTY, tiurough ANIMAL SERVICES, shaU provide general animal control services witiiin tiie corporate limits of CITY to tiie extent and in tiie mamier hereinafter set fortii. 2 Such services shall be defined as tiiose duties and fimctions of tbe t^e coming witiiin tiie jurisdiction of and customarily rendered by ANMAL SERVICES under tiie County of San Diego Code of Regulatory Ordinances and tiie statutes of tihe of CaliforSa. In providing services to CITY, COUNTY shall make its best efforts to achieve service responses/service goals as defined in Section 5. The Director sha^ have discretion in determining how tiie level of service shall be achieved by COUNTY CITY may provide input to tiie Director on tiie manner m which services are provided to CITY. SECTION 4 LEVELS OF SERVICES 1 ANIMAL SERVICES shall provide tiie following animal control services, unless tiie parties to this Agreement agree in writing to any changes in tiie 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 onerate three holding shelters within the County of San Diego. One shelter will be S n ^e m.rth lan Diego County region and another shelter will be oca^«l m the ouft San Diego County region. COUNTY may in .ts "^^-XctSretion holding shelter to meet future animal control shelter needs^ At Director the shelter nearest to CITY shall provide for the feeding and care of CITY s lost SS rim^SidedanimL Ifextraordin^^ Direment of CITY mimals in a shelter other than a shelter nearest to C^ITY, COUNTY SS CITY of^s fact. The shelters shall maintain on-site vetennanan services. (2) COUNTY shall maintmn its shelters in a humane ™f ?n'|,^];fJ^, its sheltS in a ««itary condition at all times. All services famished by the COUNTT^ shelteSl be provWed in accordance with applicable state and local laws. COUNTY Sl^ bla^e methods in the care and disposition of any awmal commg under its jurisdiction. COUNTY shall provide public access to shelters a minimum of 5 days ner week (40 hours per week), which shall include at least one weekend day, for consideration. B. Field Services: . COUNTY will provide tiie following Field Services for CITY. (1) rescue injured animals and reptiles in CITY; (2) pickup and impound stray animals and reptiles m CITY, (3) quarantine biter animals tiiat are in CITY; r4^ investigate reports of dangerous dogs m CITY; 5 Zvonl to requests for service and, when required, issue citatioi^ for Sons oflocal and state laws tiiat occur witiiin CITY'S junsdiction; InvSte^^^^^^ that occur witiiin CITY's jurisdiction regardmg cmelty StLltSdinCITYtotiieh pr^nt cases involving violations of animal-related laws A^^^^^^ ^" CITY to tiie District Attomey or City Attomey for prosecution, and investigate and license kennels (as defined in San Dicgo Code of Regulatory Ordinances, section 62.601) located m CU Y. (6) (7) (8) 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 withm CITY s jurisdiclion; (3) conduct follow-up enforcement of vaccinated but unlicensed dogs and unvaccinated and unlicensed dogs within CITTs jurisdiction. Such enforcement efforts shall include, but are not limited to, wntten correspondence and telephone communication witti dog owners; (4) v«Ui CITY, jointly organize and fand rabies vaccination climcs for animal ^ ' residing ^^itiiin CITY, which may be held at least ann^ywrthm CITY or within close proximity of CITY. Jomt fiindmg by CITY and COUNTY may include provision of services « ^jn^P™' . commencement of rabies vaccination climcs, COUNTY and CITY shall agree as to ttie level of fimding or scope of services each party shall contiibute for the operation of ttie rabies vaccinjmon clinics; (5) provide computer support for services provided to CITY under Uus (6) PS doggers witti reasonable advance nottce of ttie need for license renewals prior to expiration of existing license. D. Veterinary Medical Services: ai maintain on-site veterinarian services at shelters; (2) contract for 24-hour emergency medical treattnent for injured amm^s; (3) inoculate animals in care of ANIMAL SERVICES; (4) develop rabies control resources information for Cl 1Y; ana (5) monitor quarantined biter animals. E. Dead animal pick-up services are specifically excluded ftom ttiis Agreement. F COUNTY witti cooperation frora CITY, shall develop and implement a maricetJg plan te en^ge citizenVarticipation in ANIMAL SERVICES' programs and SS:rsSmarketing|lanmay include, but is not beM^ responsible pet ownership including licensmg and compliance witti I«^««ted laws Sti^n of belter animfls. rabies vaccination and W^g and "g o Such maricetine plan may also include a public-private partnerdup witii pnvate entitira to Sy^S^^ SERVICES' programs and services. Such mariceting program recommendations made by ttie Ad Hoc Committee descnbed m Section 13. O Upon written request by CfTY, COUNTY may provide additional services not included in Section 4, paragraph A ttirough F or may increase ttie ^vel of e« ^kes specified in Section 4, paragraph A ttirough F. The nature, ==3^/^' fuch additional services and/or increased level of services ''^.t^™"^'^^''^^^;^^^,, made a part ofthis Agreement under ttie Joint Operating and Financial Plan, as descnDea in Section 6, upon approval of COUNTY and CITY. H COUNTY shall be excused firom perfonnance of hs obligations under this Aweement to the extent ttiat it is prevented from perfonnmg any services as a result of Jel^Tca^e^ by an act of God. war. civil distiirbance. court order, govemmental action. orders or as a result of events such as public enemies, fires, eartiiquakes, floods, laws, orders, or as a r«>uu ui ^ r beyond its S of ttie above. CITY may be entitled to a P~P°«'°™^= °' services for ttie 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 wittiin f.™. hnnr Prioritv 1 calls are defined in Attachment A. one hoitt. P™"^ ^ be^t effort to respond witti a mimmum of 85% efficiency to fSS^ and 4 calls wittiin 12,24 and 72 hours respectively. Pnonty 2. 3and4callsared^Ju^mA«ac^i^^^^ ttmt are claimed by ttieir owners and to increase ttie percentiige of ammals ttiat are adopted. ^jjy^ ^^ best effort to decrease ttie pereentage of animals ttiat are eutiiani^^ ^ effort witti assistimce from ttie CITY to increase Ae P-^^^^S^S^ effort to increase ttie percentage of licensed ''"^^^'^^'^'^U^SSSitsbestefforttoensurettiat all alterable anim^ spayed or neutered prior to adoption from COUNTY shelters. SECTION 6 JOINT OPERATING AND FINANCLU. PLAN 1 Thioughout ttie term of ttiis Agreement, CITY and COUNTY shall, on a fiscal yiar basilpS^ a written Joint Operating and Financial Plan for the sendees to S^ro^L'^d^^sLtions3 ttuough4. TUcOP^-^f ^^^^'^^^^^^ state ttie total gn)ss cost, estimated revenues and ttie net cost for Uie services SeSons'3 tt.oui4. The gross cost, ef"-'*^ «vemtes and ^^^^^^ Sculated accoKiing to paragraphs 2 and 3 f Section 6. CfTY sWlw^^ net cost for animal control services provided under thjs Agreement 1"^?^ ~ In nt Oneratina and Financial Plans shall be appioved by CITY and COUNTY pnor to ri^iSof^ch fiSal year and shall be effective for ttie applicable fiscal year. The iSr„tO$XSFUcialH Machment B. Successive annual Joint Operating and "^j^^^^^f^^^^ and replace the pKceding Joint Operating and Financial Plans. Fe W 1 om^^ r IvL-r rni riMTY shall orovide CITY a preliminary estimate for ttie next tiscal year ^meSoi c^sSS -enues and net'ost for animal control services for ttie next fiscal year. 2 COUNTY shall calculate on a fiscal year basis the gross cost of providing animal control services to CITY using tiie 50/50 Costing Methodology as foUows: COUNTY shall detemiine its budgeted fiscal year total cost to provide ammal control services to its entire service area, excluding overhead costs tiiat COUNTY would otiienvise incur regardless of whetiier COUNTY provides services to tiie contract cities. The budgeted fiscal year total cost shall include ttiose indirect costs specified m 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 ttie gross cost will be calculated based upon CITY'S proportionate share of tiie prior year s total requests for service received by ANIMAL SERVICES from its entire service area multiphed by one-half of tiie budgeted fiscal year total cost 3 COUNTY shall receive and collect tiiroughout tiie term of tiiis Agreement license and other fees specified under COUNTY'S Animal Control Services Fee Resolution tiiat are paid by residents of CITY. COUNTY will calculate on an annual basis an estimate of tiie actual amounts expected to be received ^ collecte^^^^^ COUNTY as payment of license and otiier fees by residents of CITY, COUN l Y snail subtract from tiie annual gross cost tiie annual estimated revenues collected wttim CITY to arrive at an annual net cost. CITY will pay COUNTY tiie annual net cost for providing animal control services as stated in tiie annual Joint Operating and Financial Plan Spay/Neuter Deposit Forfeiture Account fimds will be excluded from tins calculation and will be allocated according to State law. Any amounts tiiat may be retained by private persons and private and non-profit entities for processmg or issuing licenses or for marketing ANIMAL SERVICES' programs and services imder SecUon 4, subdivision F shall be excluded from tiie calculation of estimated or actual revenues. 4 If at tiie end of tiie fiscal year, COUNTY does not collect tiie annual estimated amount of revenues, CITY shall pay COUNTY tiie difference between tiie actual amiual amount of revenues collected and tiie annual estimated amount of witiiin 60 days of written notice of deficiency of revenues from COVmY, 1^ COUNTY collects revenues in excess of tiie estimated amount of revenues, COUNTY wiU reftmd tiie excess revenues to CITY witiiin 60 days of written notice of surplus. COUNTY shall provide written notice of surplus or deficiency to CITY witiiin 30 days ate^ end of each fiscal year. Upon receipt of written notice, CITY may instmct COUNTY to apply excess revenues against fiiture gross cost. 5 CITY shall pay ttie 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 paymem by tiie due date shall relieve ANIMAL SERVICES of its obligations to provide ammal control services to CITY. COUNTY shall send CITY an invoice for animal control services 30 days before the quarteriy due dates for payment. cz>^ tiie services were perfonned. 7 If such payments are not delivered to COUNTY offi=l^\*e address listed belowiin45daysofLduedateforpaymen^COl^^^^^^^ indebtedness, including interest tttereon. 6^"? P^P!f ISded f^m time to COUNTY in accordance witti Government Code 907, as may oe amenacu u« time. COUNTY OF SAN DIEOO DEPARTMENT OF ANIMAL SERVICES 5480 GAINES STREET SAN DIEGO, CA 92110 X Failure by COUNTY and/or CITY to approve ttie annual Joint Operating andFiilcialpt'S'otiiebeghmmg ofthe fisci^^^^^^^ temiination of ttiis Agreement Such temunation ^^^^TJ^^ TO^^ Ll conditions as Section 12 Je— F^^^ continue to provide animal control services ior one OMrating and Financial EAS«e?lL^*e operating imd Financial Plan ttuough ttie effective date of tiie termination. SECTION 7 RECORD KEEPING 1 COUNTY shall keep separate records for CITY in such form and mamier information. 2 All non-confidential records maintained by COUNTY evWendng ^^^^^ z. uvi copying, examination and audit by control services provided to ^ITY shaU b^^^^^^ ^ ^.^.^^ CITY during all business hours. COUNTY shall retain mese rccuiu three years. SECTION 8 SPAY/NEUTER PROGRAM 1 COUNTY and CITY shall estabUsh a spay/neuter prograrn for CITY. To r \ r^niTWTY at the sole discretion of tiie Director, wiU finance tiie spay/neuter program, COUNTY, at me soie " ., rniFNTY llln^te an amount equivalent to 5% of aU license fee revenues collected by COl^TY ttZol ^7l7^^i^^^t fimd account ("Spay/Neuter Surcharge Tmst Fund")^ ShaU not be considered in calculating estimated revenues or costs under Section 6, 2. Funds deposited in tiie Spay/Neuter Surcharge Trust Fmid |nay be^^^^ nnlv for encouracina the spaying or neutering of pets owned by residents of CITY. ^^ars^SS; a tly/Lt. prognun or co^^^^ onerate a sDav/neutcr orogram for ttie direct benefit of CITY S residents. c,uur« 11 aiiu SY KioZTdattons from ttie Ad Hoc Committee, as descnbed m Sectton S Sue«l~ tt» portion of Spay/Neuter Tmst Funds conttibuted by residents of CITY shall be.allocated. SECTION 9 CFTY ASSISTANCE 1. In perfonning ttie sen/ices pursuant to ttus Agreement S^^^''^ have all ttie Bowera of CITY and shall receive all cooperation possible from CfTY. >^ S agennTd employees to enable efficient enforcement of such lo«d and stete E'sS^ffie^n ttiirAieement and to effectiiate collections called for hereunder. 2 For ttie purpose of perfonning animal control services under *is Aoreement COUNTY shall Rimish and supply all necessary personnel, labor, fuSiSpment and supplies necessary to maintain ttie level of «rvtee to be to^der. COUNTY will notify CITY of any changes m ANIMAL SERVICE'S executive staff. 3 AU persons employed in ttte perfonnance of such services and fimctions fnr riTY oursuant to ttus Agreement shall be COUNTY employees. No CITY Il^^esTKrfo™ semces or fimctions ttiat COUNTY is obligated to provide riSASement™ I persons employed by COUNTY to perfonn the services ^uiuo to Sment shall be entitW solely to ttie rights and privileges given to em^loy^^d shall not be entitled, as a result of P";'*»8 ™ to AirAgreenieni. to any additional rights and privileges given to CITY employees. 4 COUNTY is an independent conttactor, and no agency relationship, eittier expressed or implied, is created by flie execution of ttiis Agreement. 5 CITY shall not be Uable for the direct payment of any salaries, wages or otiier compensation to any COUNTY persomiel perfoiming services hereunder for COUNTY or any Uability otiier than that provided for m tins Agreement 6 Except as specified otiierwise, CITY shall not be Uable 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, tiie provisions of Chapter 6 and 7, Division 2, Title 6 of tiie San Diego County Code o^^ Regulatory Ordinances and any amendments to such ordm^ces and tiie COUNTT b most cuirent fee resolution, miless any deviations are specifically agreed to m wntmg by tiie 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 tiie acts or omissions of COUNTY m tiie perfonnance of tills Agreement At its sole discretion. CITY may participate at its own expense in tiie defense of any claim, action or proceeding, but such participation sW not relieve COUNTY of any obligation imposed by tiiis Agreement CITY shall notify COUNTY promptly of any claim, action or proceeding and cooperate fully in tiie defense. 2 CITY shall defend and indemnify COUNTY, its agents, officers and employees (collectively, "COUNTY") from any claim, action orp^^^^ding aeainst COUNTY, arising solely out of tiie acts or omissions of CITY m me 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 fiilly in ttie defense. 3 COUNTY shall defend itself, and CITY shall defend itself, from any claim, action or proceeding arising out ofthe concuirent acts or omissions of COUNTY and CITY. In such cases. COUNTY and CITY shall retam ttieir own legal counsel, bear their ovm defense costs, and waive their n^t to seek reimbursement of such costs, except as provided in paragraph 5 below. 4 Notwithstanding paragraph 3 above, in cases where COUNTY and CITY agree in writing to a joint defense, COUNTY and CITY may appoint jomt defense counsel to defend the claim, action or proceeding ansmg out ofthe Zi • * „ ^fr^nrnsiTY and CITY. Joint defense counsel shall ShteJie costs of s^ch joint defense -danya^-d^^^^^^^^^^^^ r^ssrpKtatra-^^^^^^^^^ written consent of botii COUNTY and CITY, consistent witii such comparative fauU. SECTION U TERMINATION Noti^ttistandinganyttiingtome^h^^^ Agreement ^h;^'t~'ed^^^^^^^^ prevfdJinttie and to maintain m fiill foree and etlect, meiuaing UK . nrovisions of COUNTY'S most current !f Chapter 6 and 7, Division 2, Title 6 of ttie ??" ^'^fo^^^^^ Di^ctor. TWs Ordhiances, unless any deviations are spec«ag^dto^^^^ amendments to 2 If COUNTY fails to provide animal conttol ^rvices^tequ^^ ^tis Ag^ement an^or in tt^^^^^^^^ S<2^o"Ki be sr3oSsrr.fSeS^^^^^ sriets^r=oi:§i?SaT;Saito additional written notice. ^ in ttie event of tennination under Section 11, CFTY shall pay COWTTY on a ororated b^if Sm^control services rendered consistent witti ttus Agreement "dXjo n?5pX and Financial Plan ttirough ttie date of tenmnation. SECTION 12 TERMINATION FOR CONVENIENCE 1 CITY acknowledges tfiat in order to provide animal ^0?^^°^ semces p„;to.isSement,CO^^^^^^^^^ Z^Tj::St^i^^^^ -y terminate tiiis Agreement by gWing a o'e year advance written notice of intention to tennmate. 10 SECTION 13 AD HOC COMMITTEE 1 COUNTY shall fomi an Ad Hoc Committee consisting of a represerrtative ftom each of ttie cities to which COUNTY provides animal control services by contact. Sc^ mm£r of ttie Ad Hoc Committee shall have ttie opportunity to provide input regarding animal conttol services, fiittire fees and fee changes. SECTION 14 FUNDING BY CITY 1 ff CITY fails to appropriate fimds for ttiis Agreement, acU_on shdl „otbeco.id^.^abre.ho^^^^^^ r^otSroiLt toS iLwnSal cont.1 ^ priding COUNTY with one year notification as specified m Section 12. SECTION 15 CONTRACT ADMINISTRATION 1 COUNTY designates tiie Director or hisAier desigmited representative to represent COUNTY in all matters pertaining to tiie administration of tins Agreement 2 CITY designates its City Manager or designated representati^^ to represent CITY in all matters pertaining to tiiis Agreement on behalf of CITY. 3 Anv notice or notices provided for by tiiis Agreement or by law to be given or served^on COUNTY may be given or served in person or by letter deposited in tiie United States mail, postage prepaid and addressed to: DIRECTOR OF ANIMAL SERVICES 5480 GAINES STREET SAN DIEGO.CA92110 4 Any notice or notices provided for by tiiis Agreement or by law to be given o^served1^on CITY may be given or served in person or by letter deposited m tiie United States maU, postage prepaid and addressed to: Chief Ga^y " , Mp^r-i^nn City of Carlsbad 2560 Orion Way. Carlsbad CA 92010 11 IN WITNESS WHERBOF, CITY^y —^^^ has approved ttie execution °f *'\Agreernena^^^^^ ^^^^ ^ Clerk orier of itii Board of Supervisors, has ='PP"^/„^*^^^^ ^day of of ttie Board of Supervison ofthe County of San Diego, ttus _16L y 3ft^ise,bsvi_^20AJ. CITY B COUNTY OF SAN DIEGO Director of Animal Services Approved as to fonn and legality ttomey^ >i^rTW- Approved as to fonn and legality County Counsel 12 ATTACHMENT A COUNTY OF SAN DIEGO DEPARTMENT OF ANIMAL SERVICES RESPONSE PRIORITY LEVELS RESPONSE PRIORITY LEVEL TYPE OF SERVICE IN PROGRESS NOT IN PROGRESS Threatening Dangerous Animal 1 3 Possible Rabid/Biter Animal 1 3 Major Injury to Animal 1 3 Threat from Wild Animal 1 3 Cmelty 1 3 Animal Inside Vehide 1 3 Fighting Animals 1 3 Dogs harassing Livestock 1 3 Sick/Minor Injury Animal 2 3 Animal Welfare 2 3 Isolatton of Biting Animal for Rabies Examination 3 N/A Confined Stray Animal 3 N/A Relinquished Animal 3 4 Restraint of Animal 3 4 Wild Animal 3 4 Misc. Patrol Sen/lces 3 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