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Home My WebLink About2015-05-05; City Council; 21951; FY 2015-16 Animal Control Services Financial PlanCITY OF CARLSBAD - AGENDA BILL AB# 21,951 DEPT. HEAD MTG. 5-5-15 APPROVAL AND EXECUTION OF FY 2015-16 ANIIVIAL CONTROL SERVICES JOINT OPERATING & FINANCIAL PLAN for $598,041 WITH THE COUNTY OF SAN DIEGO CITY ATTY. DEPT. POUCE APPROVAL AND EXECUTION OF FY 2015-16 ANIIVIAL CONTROL SERVICES JOINT OPERATING & FINANCIAL PLAN for $598,041 WITH THE COUNTY OF SAN DIEGO CITY MGR. RECOMMENDED ACTION: City Council to adopt Resolution No. 2015-110 authorizing the City Manager to execute the Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2015-16 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 29 years pursuant to additional contracts and annual extensions. The current agreement, approved by City 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 IMPACT: 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 ofthe program minus revenue generated by the city determines the contract amount (See Exhibit 3). The annual net cost of the contract for Fiscal Year 2015-16 is $598,041. The contract amount for the previous fiscal year was $560,092. The Fiscal Year 2015-16 contract amount shows an increase of $37,949 (6.8%) due to an increase in county costs and a redistribution of population and service calls among contract agencies. The total amount will be appropriated in the Fiscal Year 2015-16 Police 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. 2015-110 ratifying a joint operating and financial plan between the City of EXHIBITS: 1. Resolution No._ Carlsbad, California and the County of San Diego for animal control services 2. Contract Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2015-16 3. Fiscal Year 2015-2016 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 CONTACT; Fiona Everett 760-931-2279 fiona.everett(5)carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE • UNKNOWN CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Exhibit 1 1 RESOLUTION NO. 2015-110 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RATIFYING A JOINT OPERATING AND FINANCIAL PLAN BETWEEN THE CITY OF CARLSBAD, CAUFORNIA AND THE COUNTY 4 OF SAN DIEGO FOR ANIMAL CONTROL SERVICES 5 6 7 8 9 10 11 12 13 14 15 16 2. Thatthe City Manager of the City of Carlsbad is hereby authorized and directed to 13 execute the Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2015- 19 16 agreement for and on behalf of the City of Carlsbad, California. 20 3. That the Agreement between the City of Carlsbad and the County of San Diego for 21 Animal Control Services, entered into on September 25, 2013 (attached hereto as Exhibit 4), is 22 hereby amended to include Attachment B Contract Animal Control Services Program Joint 23 Operating and Financial Plan Fiscal Year 2015-16 as an exhibit thereto. 24 25 26 27 28 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 2015-16; 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. /// /// /// 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 ofthe City Council ofthe City of Carlsbad on the 5*^ day of May 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESOI^, City Clerk (SEAL) ^,sN^;vSBAo%, Countp of ^an ©lego DAWN DANIELSON, RVT DEPARTMENT OF ANIMAL SERVICES DIRECTOR 5430 Q/^^^^^s STREET, SAN DIEGO, CA 92110-2624 619-767-2605 • FAX 619-767-2706 WWW.SDDAC.COM April 1, 2015 Steve Sarkozy, City Manager c/o Fiona Everett, Management Analyst City of Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92008 Dear Mr. Sarkozy: ANIMAL SERVICES FY 2015-16 JOINT OPERATING AND FINANCIAL PLAN Please find enclosed the Animal Services FY 2015-16 Joint Operating and Financial Plan. The increased amount to your city for Animal Control Services is $37,949. 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 are included in this report. 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: increases in shared departmental operating costs and your city's pro-rated share of those costs based on population growth and volume of requests for patrol services. This year we have held the overall increases for all cities to under 3%. However, because of the fluctuations based on the sharing formula your city's share is greater than that at 6.8%. To see a breakdown of changes 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. o TO PROTECT THE HEALTH, SAFETY AND WELFARE OF PEOPLE AND ANIMALS Steve Sarkozy April 1, 2015 Page 2 Also enclosed are contract Attachment B documents for your approval. Please return the signed copies as soon as possible. If you have any questions or need additional information, please call Randall Krogman at 619- 767-2622. Sincerely, DAWN DANIELSON, RVT, Director Department of Animal Services DD:mlo Enclosures cc: Randall Krogman, Administrative Services Manager II, Department of Animal Services ATTACHMENT B City of Carlsbad Contract Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2015-16 This Joint Operating and Financial Plan made and agreed to for the period beginning July 1, 2015 and ending June 30, 2016, 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 2015-16 shall be $742,941. The County shall collect license and other fees, as specified under the Coimty's Animal Services Fee Resolution within City of Carlsbad. For fiscal year 2015-16, the estimated revenue amoimt to be collected within City of Carlsbad is $150,000. After deducting estimated revenues from gross cost, the City of Carlsbad shall pay County the net amount of $598,041, 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 of the Agreement. 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CM CM CO 00 CO CJ> t^ •<- CM •"3-CO CO m CO CO CO CO CO CO CO 0 a> 00 o> CO CO 00 m 00 CM CO in 0 00 CO m CO O) 0 t^ CM CJ) iri 00" •*" IV." co" iri 0" iri m T— CO 00 CD 0 t^ CO CO 00 CO CO 0" in" CD" T— CO vP ^ Sv 2 CM •«- - CD CM a> tv CM h«. o tv. m >g ^ o -"I- fv CM CO m CM o» •*" co" •*" !«. T- CJ) tv. CM O CM CO o CM" CM" T- CO CO ' CO 10 t-v CM t' t^ CO CM CN in co" m CO o" iS c « E >« a EL *j o c o o > 0) on It cu o Z O s s o o B in o O 8 S O > O ^ 0) H o z ° OT CA != OT ' ro O .£< .c in S S o o M CO IV. ^ ^ •rt- ov gv S CM f- CM CO CJ) CM CM" .2 5 .t; o O O •o -I 2 < <" t j= O CA I- -J _l o o 1- f- o O b fLf AGREEMENT BETWEEN CITY OF CARLSBAD AND COUNTY OF SAN DIEGO FOR ANIMAL CONTROL SERVICES THIS AGREEMENT made and entered into this day of . 20\Z, between the County of San Diego, a political subdivision ofthe State of Califomia ("COUNTY") and the City of Carlsbad, a chartered municipal corporation ("CITY"). WTTNESSETH WHEREAS, CITY is a chartered municipal corporation of the State of Califomia 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 Califomia and through its Department of Animal Services ("ANIMAL SERVICES"), desires to provide animal control services to CITY; and WHEREAS, Section 500.4 ofthe Charter of the County of San Diego and sections 51300 et seq. ofthe Govemment Code authorize COUNTY and CTTY to contract for the performance of animal control services within 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. This Agreement shall take effect July 1,2013 and shall terminate on June 30,2018 unless terminated sooner as provided for herein. The agreement may be extended beyond June 30,2018 for additional five-year terms 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. 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 terai "Requests for Service" means specific requests from CITY representatives or individual residents ofthe CITY for action or response by an Animal Control Field Officer, as well as actions by Animal Control Officers to enforce animal related laws based on the observations of Animed Control Officers. 6. The temi "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 die 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 ofthe 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 defmed as those duties and fimctions 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 ofthe State of California, In providing services to CITY, COUNTY shall make its best efforts to achieve service responses/service goals as defmed in Section 5. The Du-ector 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 foUovwng 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 die feeding and care of CITY's lost, abandoned and impounded animals. COUNTY will 5 operate three holding shelters within the County of San Diego. One shelter will be located in the north San Diego County region 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 ofthis feet. The shelters shall maintain on-site veterinarian services. (2) COUNTY shall mantain 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 commg under its jurisdiction. (3) COUNTY shall provide public access to shelters a minimum of 5 days per week (40 hours per wwk), 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, die public interest and customer service shall be a primary consideration. B. Field Services: COUNTY will provide the following Field Services for CITY: (1) rescue injured animals and reptiles in CITY; (2) pickup and impound stray animals and reptiles in CITY; (3) quarantine biter animals that are 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 tiiat occur witiiin CITY's jurisdiction regarding cruelty or neglect to animals; (7) retum lost dogs found in CITY to tiieir owners in tiie field, if possible; (8) present cases involving violations of animal-related laws that occur in CITY to tiie District Attomey or City Attomey for prosecution; and (9) investigate and license kennels (as defined in San Diego Code of Regulatory Ordinances, section 62.601) located in CITY. C. Licensing Services: (1) maintain files of dog licenses and dog licenses that have expired and the owners of tiiese dogs who live in CITY's jurisdiction; (2) issue new and renewed liceiKes to dog license applicants within CITY's jurisdiction; n (3) conduct follow-up enforcement of vaccinated but unlicensed dogs and unvaccinated and unlicensed dogs wittiin CITY's jurisdiction. Such enforcement efforts shall include, but are not limited to, written correspondence and telephone communication witii dog owners; (4) witti CFTY. jointiy organize and fund rabies vaccination clinics for aniinal owners residing witiiin CITY, which may be held at least annually wittiin CITY or wittiin 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 tiie level of funding or scope of services each party shall contribute for ttie operation of ttie rabies vaccination clirucs; (5) provide computer support for services provided to CITY under ttiis Agreement; and (6) Provide dog owners witii 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 anunals 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 ttiis Agreement. F COUNTY, witti cooperation from CITY, shall develop and implement a mariceting plan to encourage citizen participation in ANIMAL SERVICES' programs and services. Such marketing plan may include, but is not be limited to, encouraging responsible pet ownership including licensing and compliance witti pet-related laws, adoption of shelter animals, rabies vaccination and spaying and neutermg of animals. Such mariceting plan may also include a public-private partnership witti pnvate entities to jointiy maricet ANIMAL SERVICES' programs and services. Such marketmg program shall include recommendations made by ttie Ad Hoc Committee descnbed m Section 13. G. Upon written request by CriT, COUNTY may provide additional services not included in Section 4, paragraph A tiirough F or may increase ttie level of existing services specified in Section 4, paragraph A ttirough F. The nature, scope and cost of such additional services and/or increased level of services shall be mutualty defined and made a part ofthis Agreement under tiie Joint Operating and Financial Plan, as descnbed 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 ttiat it is prevented from perfonning any services as a resuh of delays caused by an act of God, war, civil disturbance, court order, govemmental action. laws orders, or as a result of events such as public enemies, fires, eartiiqiiakes. Hoods, strikes or ottier labor disturbances of COUNTY or CnT, or ottier cause beyond its reasonable control ttiat could not have been prevented by reasonable precautions, and, except as set forth herein, such nonperfonnance shall not be a default hereunder or a ground for temiination. If COUNTY'S cost of providing services to CITY decreases as a result of ttie above, CITY may be entitied to a proportionate reduction m ttie cost of services for ttie period of time in which services were not provided. SECTION 5 SERVICE RESPONSES/SERVICE GOALS I. COUNTY shall make its best effort to respond to Priority 1 calls wittiin one hour. Priority 1 calls are defined in Attachment A. .... ^ o<o/ 2 COUNTY shall make its best effort to respond witti a mimmum ot 83 /o efficiency to Priority 2,3 and 4 calls wittiin 12.24 and 72 hours respectively. Priority 2, 3 and 4 calls are defined in Attachment A. . ^ • i 3. COUNTY shall make its best effort to increase ttie percentage of animais that are claimed by ttieir owners and to increase ttie percentage of animals ttiat are adopted^ COUNTY shall make its best effort to decrease tiie percentage of animals ttiat are euttianized. •u^ r^iTv 5. COUNTY shall make its best effort witii assistance from ttie Cli Y to increase ttie pcr capita rate of licensed dogs. . A 6. COUNTY shall make its best effort to increase ttie percentage ot licensea does ttiat are altered each fiscal year. . 7. COUNTY shall make its best effort to ensure ttiat all alterable anunals are spayed or neutered prior to adoption from COUNTY shelters. SECTION 6 JOINT OPERATING AND FINANCL\L PLAN 1 Throughout ttie terai ofthis 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 ttirough 4. The Joint Operating and Fmancial Plan shaU state die total gross cost, estimated revenues and the net cost for tiie services specified under Sections 3 ttirough 4. The gross cost, estimated reveriues and net cost sha^l be calculated according to paragraphs 2 and 3 of Section 6. CITY shall pay COUNTY ttie net cost for animal control services provided under tWs Agreement^ The annual vmtt^^ Joint Operating and Financial Plans shall be approved by CITY and COUNTY pnor to ttie beginning of each fiscal year and shall be effective for ttie applicable fiscal year. The annual Joint Operating and Financial Plan shall be made a part of ttiis Agreement as Attachment B. Successive annual Joint Operating and Financial Plans shall supercede and replace the preceding Joint Operating and Financial Plans. By Febmary I of each fiscal year, COUNTY shall provide CITY a preliminary estimate for the next fiscal year of tiie gross cost, estimated revenues and net cost for animal control services for ttie next fiscal year. 2. COUNTY shall calculate on a fiscal year basis ttie gross cost of providing animal control services to CITY using ttie 50/50 Costing Mettiodology as follows: COUNTY shall determine its budgeted fiscal year total cost to provide animal control services to its entire service area, excluding overhead costs tiiat COUNTY would ottierwise incur regardless of whettier COUNTY provides services to ttie contract cities. The budgeted fiscal year total cost shall include ttiose indirect costs specified in Federal Circular A-87. One-half of CITY'S gross cost shall be detennined 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 ofthe 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 tturoughout ttie term of ttiis 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 the actual amounts expected to bc received and collected by COUNTY as payment of license and otfier fees by residents of CITY. COUNTY shall subtract from the annual gross cost the annual estimated revenues collected wittiin CITY to arrive at an annual net cost. CITY will pay COUNTY tiie annual net cost for providing animal conti-ol services as stated in the annual Joint Operating and Financial Plan. Spay/Neuter Deposit Forfeiture Account fiinds will be excluded from this calculation and will be allocated according to State law. Any amounts ttiat 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 fix>m ttie calculation of estimated or actual revenues. 4. If at the end of ttie fiscal year, COUNTY does not collect ttie 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 ttie estimated amount of revenues. COUNTY will refimd ttie excess revenues to CITY witiiin 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 instinct COUNTY to apply excess revenues against fiiture gross cost. 5. CIIY shall pay ttie net cost to COUNTY by making quarteriy payments of ttie 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 ttie due date shall relieve ANIMAL SERVICES of its obligations to provide animal control services to CITY. COUNTY shall send CITY an invoice for animal control services 30 days before the quarteriy due dates for payment. 6 If payments provided for in Section 6 are not delivered to COUNTY wittiin 45 days ofthe due date for payment, as stated in paragraph 5 above, COUNTY is entitled to recover interest ttiereon. Interest shall be calculated at ttie rate of 0 /« per annum on any unpaid portion ttiereof calculated from ttie last day of ttie montti in which the services were performed. 7 If such payments are not delivered to COUNTY office at ttie address listed below wittiin 45 days of ttie due date for payment, COUNTY rnay offjf^*"* indebtedness, including interest ttiereon. from property tax fimds of CITY on deposit witti COUNTY in accordance witti Govemment 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 ttie annual Joint Operating and Financial Plan prior to ttie beginning of tiie fiscal year (Juty 1), is grounds for SSn^Ln ofttiis Agreement such temiina^^^^ conditions as Section 12, "Temiination For Convenience." As such, CpW^^^ continue to provide animal control services for one fiscal year endmg ttie fo»o^i!B/«"« St der Kmis of ttiis Agreement and ttie last approved Joint Operating and Fin^cid P^ CITY shall pay COUNTY for animal control senriees °^ tills Agreement and ttie last approved Joint Operating and Fmancial Plan ttuough ttie effective date of ttie temiination. SECTION 7 RECORD KEEPING 1 COUNTY shall keep separate records for CITY in such form and mamier as ttie County Auditor & Contioller shall specify. COUNTY shall give OT^^* a mmimum, monttily reports of infomiation mcluding impounds, claims, dog licemes sold STSunalterL dogs, revenues, requests for services, adoptions and amrnals eSzed from CITY The monttily 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, ^f^!^"^^^^^ 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 ttie spay/neuter program. COUNTY, at ttie sole discretion of ttie Director, will allocate an amount equivalent to 5% of all license fee revenues collected by COUNTY for deposit into a separate tmst fimd account ("Spay/Neuter Surcharge Tmst Fund"). Funds deposited into or expenditures made from ttie Spay/Neuter Surcharge Tmst Fund shall not be considered in calculating estimated revenues or costs under Section 6. 2. Funds deposited in the Spay/Neuter Surcharge Tmst Fund may be used only for encouraging ttie spaying or neutering of pets owned by residents of CITY, COUNTY shall operate a spay/neuter program or contract witti a responsible provider to operate a spay/neuter program for ttie direct benefit of CITY'S residents. COUNTY and ttie CITY, witti recommendations from ttie Ad Hoc Committee, as descnbed m Section 13, shall detemiine how tiie portion of Spay/Neuter Tnist Funds contributed by residents of CITY shall be allocated. SECTION 9 CITY ASSISTANCE 1. In perfonning ttie services pursuant to tiiis Agreement, COUNTY shall have all ttie 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 ttiis Agreement and to effectuate collections called for hereunder. 2. For the purpose of performing animal control services under ttiis Agreement COUNTY shall fiimish and supply all necessaiy personnel, labor, supervision, equipment and supplies necessary to maintain ttie level of service to be rendered hereunder. COUNTY will notify CITY ofany changes in ANIMAL SERVICE'S executive staff. 3. All persons employed in ttie perfonnance of such services and functions for CITY pursuant to this Agreement shall be COUNTY employees. No CITY employees shall perfomi services or fiinctions ttiat COUNTY is obligated to provide under this Agreement. All persons employed by COUNTY to perfonn ttie services pursuant to ttiis Agreement shall be entitled solety to ttie rights and privileges given to COUNTY employees and shall not be entitled, as a result of providing services pursuant to ttiis Agreement, to any additional rights and privileges given to CITY employees. 4. COUNTY is an independent conti-actor, and no agency relationship, either expressed or implied, is created by tiie execution of ttiis Agreement. 5. CITY shall not be liable for the direct payment of any salaries, wages or ottier compensation to any COUNTY personnel performing services hereunder for COUNTY or any liability ottier ttian ttiat provided for in ttiis 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, Titie 6 of ttie San Diego County Code of Regulatory Ordinances and any amendments to such ordinances and tiie 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 indenmify CITY, its agents, ofTicers and employees (collectively, "CITY"), from any claim, action or proceeding against CITY, arising solely out of ttie acts or omissions of COUNTY in tiie perfonnance of tiliis Agreement. At its sole discretion, CITY may participate at its own expense in the defense ofany claim, action or proceeding, but such participation shall not relieve COUNTY ofany obligation imposed by ttiis Agreement. CITY shall notify COUNTY promptly ofany cl^m, action or proceeding and cooperate fiilly in the defense. 2. Cnr 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 ttie performance of ttiis AgreemenL At its sole discretion, COUNTY may participate at its own expense in tiie defense ofany such claim, action or proceeding, but such participation shall not relieve CITY ofany obligation imposed by ttiis Agreement. COUNTY shall notify CITY promptly ofany 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 Uie concurrent acts or omissions of COUNTY and CITY. In such cases, COUNTY and CITY shall retain tiieir own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 5 below. 4. Notwitiistanding paragraph 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 ofthe ^3 concurrent acts or omissions of COUNTY and CITY. J^i"* def^isecounse^^^^ be selected by mutual agreement of COUNTY and CITY. COUNTY and C TY shall share ttie costs of such joint defense and any ^^^^^f^Jll^'^^f J.^^^^^^^ amounts, except as provided in paragraph 5 below. COUNTY and CITYJurth^^ agree ttiat neitiier party may bind ttie ottier to a settlement agreement without the written consent of botti COUNTY and CITY. 5 Where a trial verdict or arbitration award allocates or detemiines the comparative feult of ttie parties, COUNTY and CITY may seek reimbui^ement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent witii such comparative fault. SECTION 11 TERMINATION 1 Notwittistandinganyttiing to ttie contrary herein contmned.ttiis Agreement shall be temiinated at any time tiiat CITY fails to enact or adopt by reference MiTto mdmain in fiill force and effect, including tiie amount of fees provided m ttie CO^s most cunent fee resolution, an ordinance identic^ to the P^vi.10^^^^ Chapter 6 and 7, Division 2, Title 6 of tiie San Diego Cojmty Code^Regi^lato^^ nSinances unliss any deviations are specificaUy agreed to by ttie Director. This s^rL^^^^^^ if ^UNTY '"i-ts -^^^^^ aid ordmance and such amendments are not made wittun 90 days of ttus request. 9 If COUNTY fails to provide animal control services, as required under ttiis Agroement and/or in ttie Joint Operating and Financial Plan. ^Y m^ov^de witte^notification to COUNTY of such failure to ^^^v SW to given 30 days from ttie date of receipt of wntten notification by CITY to Provide the Sqdred animal control services. If COUNTY fails to provide such services after 30 day s from rocel^t of written notification. CITT may temiinate ttiis Agreement upon 30 days additional written notice. 3 In tiie event of temiination under Section 11. CITY shall pay COUNTY on a prorated basis for animal control services rendered consistent witti tins Agreement and ttie Joint Operating and Financial Plan tturough ttie date of temiination. SECTION 12 TERMINATION FOR CONVENIENCE 1 CITY acknowledges that in order to provide animal control services niirsuant'to this Agreement. COUNTY must conduct long range planning for ftmdmg, Slter d velo^ent aid staff requirements. Therefore, notwithstanding any ottier Sontr provision of ttiis Agreement, either party may temiinate this Agreement by giving a one-year advance written notice of intention to temiinate. 10 3 SECTION 13 AD HOC COMMITTEE 1 COUNTY shall forni an Ad Hoc Committee consisting of a representative from each of ttie cities to which COUNTY provides animal confrol services by contract. Each member of ttie Ad Hoc Committee shall have ttie opportunity to provide input regarding animal control services, fiittire fees and fee changes. SECTION 14 FUNDING BY CFTY 1 If CITY fails to appropriate fimds for ttiis Agreernent, such action shall not be considered abreach of tiiis Agreement Under no circumstances shall CITY fail to appropriate fimds for ttiis Agreement for ttie purpose of obtaining animal control services ffom anottier provider or to establish its own animal control services department wittiout providing COUNTY with one year notification as specified m Section 12. SECTION 15 CONTRACT ADMINISTRATION 1 COUNTY designates ttie Director or his/her designated representative to represent COUNTY in all matters pertaining to ttie admmistration of ttiis Agreement 2. CITY designates its City Manager or designated representative to represent CITY in all matters pertainmg to ttiis Agreement on behalf of CFTY. 3 Any notice or notices provided for by tills Agreement or by law to be given or served upon COUNTY may be given or served in person or by letter deposited in ttie 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 tills Agreement or by law to be given or served upon CITY may be given or served in person or by letter deposited m ttie United States mail, postage prepaid and addressed to: Chief Gary W. ^forr^^ann City of Carlsbad 2560 Orion Wav. Carlsbad CA 92010 11 ^' IN WITNESS WHEREOF. CITY, by resolution duly adopted hy CityC«";^»i' has approved ttie execution of ttiis Agreement by its City J^^^f^^l order of its Board of Supervisors, has approved the execution of this contract by ttie Clerk ofthe Board of Supervisors of ttie County of San Diego, this _i^day of %.^^\?&^—.^Oij. CITY COUNTY OF SAN DIEGO Director of Animal Services Approved as to form and legality .ttomey^ Approved as to fonn and legality County Counsel lenioft>eputy ^ } 12 ATTACHMENT A COUNTY OF SAN DIEGO DEPARTMENT OF ANIMAL SERVICES RESPONSE PRIORITY LEVELS TYPE OF SERVICE RESPONSE PRIORITY LEVEL NOT IN PROGRESS INPROGRESS PRIORITY LEVEL LEVEL 1 LEVEL 2 LEVELS LEVEL 4 RESPONSE GUIDELINES First priori^: response objective is within one hour. Officer respomJs 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 "7