HomeMy WebLinkAbout2016-06-07; City Council; 22303; Approval and Execution of FY 2016-17 Animal Control Services Joint Operating and Financial Plan with San Diego CountyItem 2; pg. 1
AB#
MTG.
DEPT.
22,303
6/7/16
POLICE
RECOMMENDED ACTION:
CITY OF CARlSBAD-AGENDA BILL
APPROVAL AND EXECUTION OF FY 2016-17
ANIMAL CONTROL SERVICES JOINT
OPERATING & FINANCIAL PLAN FOR
$618,279 WITH THE COUNTY OF SAN DIEGO
DEPT. HEAD
CITY ATTY.
CITY MGR.
Adopt a Resolution authorizing the City Manager to execute the Animal Control Services Program Joint
Operating and Financial Plan Fiscal Year 2016-17 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 (Attachment A to the Resolution) 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 of the
program minus revenue generated by the city determines the contract amount (Exhibit 2). The annual net
cost of the contract for Fiscal Year 2016-17 is $618,279 (Attachment B to the Contract). The contract
amount for the previous fiscal year was $598,041. The Fiscal Year 2016-17 contract amount shows an
increase of $20,238 (3%) 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 2016-17 Police
operating budget.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a //project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or
a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. A Resolution ratifying a joint operating and financial plan between the City of Carlsbad, California
and the County of San Diego for animal control services
2. Fiscal Year 2016-2017 Joint Operating and Financial Plan Recommended Budget
DEPARTMENT CONTACT: Matt Thompson 760-931-2279 matthew.thompson@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCil ACTION: APPROVED ~· CONTINUED TO DATE SPECIFIC D
DENIED D CONTINUED TO DATE D
UNKNOWN
CONTINUED D RETURNED TO STAFF D
WITHDRAWN D OTHER-SEE MINUTES D
AMENDED D
Item 2; pg. 2
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Exhibit 1
RESOLUTION NO. 2016-101
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 2016-17; 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 ofthe City of Carlsbad is hereby authorized and directed to
18 execute the Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2016-
19 17 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 Attachment
22 AL is hereby amended to include "Attachment B Contract Animal Control Services Program Joint
23 Operating and Financial Plan Fiscal Year 2016-17".
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Ill
Ill
Ill
Item 2; pg. 3
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council ofthe City of
Carlsbad on the 7th day of June, 2016, by the following vote to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
.~\>n~,~
BARB R ENGLESON, City Cle \
(SEAL)
Item 2; pg. 4
AGREEMENT BETWEEN CITY OF
CARLSBAD AND COUNTY OF
SAN DIEGO FOR ANIMAL CONTROL SERVICES
THIS AGREEMENT made and entered into this P day of §'R-\-, 20Jb
between the County of San Diego, a political subdivision of the State of California
("COUNTY,) and the City of Carlsbad, a chartered municipal corporation ("CITY,).
WITNESSETH
WHEREAS, CITY is a chartered 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 perfonnance 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, 2013 and shall terminate on June
30, 2018 unless tenninated sooner as provided for herein. The agreement may be
extended beyond June 30, 2018 for additional five-year terms with written consent of the
parties.
SECTION2
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.
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Item 2; pg. 5
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 ofFinance'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 Field 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 ofRegulatory Ordinances.
SECTION3
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
I. 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:
(I) 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
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Item 2; pg. 6
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 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. 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 oflocal 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 violations of animal-related laws 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.
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;
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Item 2; pg. 7
(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 be 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,
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Item 2; pg. 8
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 l 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 Attaclunent 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 oflicensed
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.
SECTION6
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 supercede
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.
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Item 2; pg. 9
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 ofthe 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 Aprill5. Failure to provide payment by
the 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 quarterly due dates for payment.
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Item 2; pg. 10
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 ofthe 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?
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.
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Item 2; pg. 11
SECTIONS
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 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
the CITY, with recommendations from the Ad Hoc Committee, as described in Section
13, shall detennine how the portion of Spay/Neuter Trust Funds contributed by residents
of CITY shall be .allocated.
SECTION9
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 perfonning 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
SERVICE'S 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 perfonn services or functions that COUNTY is obligated to provide
under this Agreement. All persons employed by COUNTY to perfonn 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.
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Item 2; pg. 12
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 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 joint
defense counsel to defend the claim, action or proceeding arising out of the
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Item 2; pg. 13
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 paragraph 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
l. 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 tenninate this Agreement upon 30 days
additional written notice.
3. In the event of termination under Section 11, CITY shall pay COUNTY
on a prorated basis for animal control services rendered consistent with this Agreement
and the Joint Operating and Financial Plan through the date of termination.
SECTION 12
TERMINATION FOR CONVENIENCE
1. CITY acknowledges that in order to provide animal control services
pursuant to this Agreement, COUNTY must conduct long range planning for funding,
new shelter development and staff requirements. Therefore, notwithstanding any other
section or provision of this Agreement, either party may terminate this Agreement by
giving a one-year advance written notice of intention to terminate.
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Item 2; pg. 14
SECTION 13
AD HOC COMMITIEE
1. COUNTY shall fonn 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 servicest future fees and fee changes.
SECTION 14
FUNDING BY CITY
1. If CITY fails to appropriate funds for this Agreerpent, 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 mailt 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:
Chief Gary W. Morrison
City of Carlsbad
2560 Orion Wayt Carlsbad CA 92010
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Item 2; pg. 15
IN WITNESS WHEREOF, CITY, by resolution 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 _J_Q_ day of
Sa.p-\e.rnbe...,. , 20 \.3-
CITY
Approved as to fonn and legality
~ey-~
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COUNTY OF SAN DIEGO
ByQ~-
Director of Animal Services
Approved as to form and legality
County Counsel
~/:zv :Ot'i5eputy
Item 2; pg. 16
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
Cruelty 1 3
Animal Inside Vehicle 1 3
Fighting Animals 1 3
Dogs harassing Uvestock 1 3
Sick/Minor Injury Animal 2 3
Animal Welfare 2 3
Isolation of Biting Animal for Rabies 3 N/A Examination
Confined Stray Animal 3 NJA
Relinquished Animal 3 4
Restraint of Animal 3 4
Wild Animal 3 4
Misc. Patrol Services 3 4
PRIORITY
LEVEL RESPONSE GUIDELINES
LEVEL 1 First priority; response objective is within one hour. Officer responds before all
lower priority calls.
LEVEL 2 Second Priority; response objective is within 12 hours of receipt.
LEVEL 3 Third Priority; response objective is within 24 hours of receipt
LEVEL 4 Fourth Priority; response objective is within 72 hours of receipt.
13
ATTACHMENTB
City of Carlsbad
Contract Animal Control Services Program
Joint Operating and Financial Plan
Fiscal Year 2016-17
This Joint Operating and Financial Plan made and agreed to for the period
beginning July 1, 2016 and ending June 30, 2017, 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 2016-17 shall be $770,618.
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 2016-17, the estimated
revenue amount to be collected within City of Carlsbad is $157,830. After deducting
estimated revenues from gross cost, the City of Carlsbad shall pay County the net amount
of $618,279, which includes the amount of $5,492.00 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.
As approved:
CITY OF CARLSBAD
By: !;t~'
City~
Approved as to form and legality
~-~~': By: . . . .. .. _
5;'2_ ~Wifov\..--ctt;r&\ttOrneY
COUNTY OF SAN DIEGO
./\
B(Gfd . D~f Animal Services
Approved as to form and legality
County Counsel
By:___;ltl~ly/ __
Senior deputy
Item 2; pg. 18
DEPARTMENT OF ANIMAL SERVICES
2016-2017 JOINT OPERATING AND FINANCIAL PLAN
BUDGET GROWTH
2015-2016 ADOPTED BUDGET
2016-17 Budget Adjustments:
Salaries & Benefits Adjustments:
S & B-Negoitiated Wage Increases
S & B -Retirement & Pension Bonds (related to Sal;
S & B-Other Benefit Increases
Employee Unemployment Insurance
Salaries & Wages-Temporary
Salaries & Wages -Overtime
Add: Supervising Animal Care Attendant
Reclass SACA to Volunteer Coordinator and
Veterinarian to AMOM
Services & Supplies Net Adjustments:
Uniform Allowance
Liability Insurance-Account 52138
Medical Services & Supplies
ISF-Fleet Main!., Fuel and Lease Accounts
ISF-Facilities Mgmnt, Rents, Utilities
ISF-Information Technology
Miscellaneous Accounts
Department
Costs
$16,305,204
$122,538
$171,698
$107,319
$1,692
$117,574
$50,000
$96,135
-$17,389
$6,500
-$7,752
$177,394
$82,830
$108,758
-$47,821
-$163,968
External Overheads {County-wide Cost Allocations):
FY 14-15 Adjustment
Significant increases for Software Depreciation,
Building Depreciation & A&C Audits
Insignificant increases and decreases for other
accounts
External
Overheads Total Costs
$874,268 $17,179,472
$182,465
$146,950
-$74,448
2016-2017 Estimated Costs (As of 3/9/2016) $17,110,712 $1,129,235 $18,239,947
UNSHARED COSTS
Department
Costs
2016-2017 Estimated Costs (As of 3/9/2016) $17,110,712
Unshared Costs:
Internal Costs
Director, Animal Control
Administrative Secretary
Major Maintenance
Information Technology Web Update
-$259,234
-$97,051
-$100,000
-$62,354
External Overheads (County-wide Cost Allocations):
CAO Executive
DCAO Community Services
Auditor & Controller-Audits
Auditor & Controller-FM
Civil Service Commission
2016/2017 SHARED COSTS
2015-2016 SHARED COSTS
INCREASE
PERCENTAGE INCREASE
City Costs-15-16 to 16-17 as of 3-28 .xlsx Growth 3/29/2016 3:52PM
$16,592,073
$15,860,744
$731,329
External
Overheads Total Costs
$1 '129,235 $18,239,947
-$15,384
-$186,591
-$84,458
-$67,351
-$4,786
$770,665 $17,362,738
$599,543 $16,460,287
$171 '122 $902,451
5.48%
ASOF
3/28/2016
Item 2; pg. 19
DEPARTMENT OF ANIMAL SERVICES
2016-2017 JOINT OPERATING AND FINANCIAL PLAN
Unincorporated County
Carlsbad
Del Mar
Encinitas
San Dieqo
Santee
Solana Beach
TOTAL
Unincorporated County
Carlsbad
Del Mar
Encinitas
San Diego
Santee
Solana Beach
TOTAL
TOTAL COSTS COMPARISON
15/16 16/17
Gross Costs Gross Costs Inc/Dec
$4,166,740 $4,366,237 $199,497
$742,941 $770,618 $27,677
$40,121 $39,596 -$525
$461 394 $478,994 $17,600
$10,531,214 $11,165,974 $634,760
$429,611 $449,691 $20,080
$88,266 $91,629 $3,363
$16,460,287 $17,362,738 $902,451
COSTS DISTRIBUTED
50% By POPULATION
15/16 16/17 %
Population Population Change
498,823 504,330 1.10%
110,169 110,653 0.44%
4,234 4,238 0.09%
61,204 61,518 0.51%
1,345,895 1,368,061 1.65%
55,806 55,805 0.00%
13,099 13,104 0.04%
2,089,230 2,117,709 1.36%
Source: CA-DOF -January 2015 posted as of 5/1/2015
Unincorporated County
Carlsbad
Del Mar
Encinitas
San Diego
Santee
Solana Beach
TOTAL
COSTS DISTRIBUTED
50% By SERVICE CALLS
15/16 16/17 %
Requests Requests Chanoe
7,326 7,034 -3.99%
1,028 970 -5.64%
78 68 -12.82%
733 694 -5.32%
17,400 17 006 -2.26%
698 676 -3.15%
122 116 -4.92%
27,385 26,564 -3.00%
Source: Actual Requests by City for period of Jan 1, 2015 thru Dec. 31, 2015
City Costs-15-16 to 16-17 as of 3-28 .xlsx Shares 3/29/2016 3:52PM 2
% ChanQe
4.8%
3.7%
-1.3%
3.8%
6.0%
4.7%
3.8%
5.48%
15/16 16/17
Share Share
23.88% 23.81%
5.27% 5.23%
0.20% 0.20%
2.93% 2.90%
64.42% 64.60%
2.67% 2.64%
0.63% 0.62%
100.00% 100.00%
15/16 16/17
Share Share
26.75% 26.48%
3.75% 3.65%
0.28% 0.26%
2.68% 2.61%
63.54% 64.02%
2.55% 2.54%
0.45% 0.44%
100.00% 100.00%
Item 2; pg. 20
JURISDICTION
Unincorporated County
Shared
Non-Shared
Carlsbad
Del Mar
Encinitas
San Diego
Santee
Solana Beach
TOTAL Shared
TOTAL TOTAL
DEPARTMENT OF ANIMAL SERVICES
2016-2017 JOINT OPERATING AND FINANCIAL PLAN
COSTS DISTRIBUTION
Department External
Costs Overheads
Distribution Calculation: REVENUE TARGETS TOTAL Spay/Neute
50% Population and 50% Revenue
Services Requests GROSS COSTS Licensing Shelter REVENUES Contribution
$4,172,436 $193,800 $4,366,237 ($500,640) ($380,500) -$881,140 $25,032
~518,639 ~358,570 ~877,209 $0 $0 i.Q i.Q
$4,691,075 $552,370 $5,243,446 ($500,640) ($380,500) -$881,140 $25,032
$736,413 $34,205 $770,618 ($109,830) ($48,000) -$157,830 $5,492
$37,839 $1,758 $39,596 ($9,660) ($1 ,000) -$10,660 $483
$457,733 $21,261 $478,994 ($86, 100) ($22,000) -$108,100 $4,305
$10,670,359 $495,615 $11,165,974 ($1 ,292, 130) ($435,000) -$1 ,727,130 $64,607
$429,731 $19,960 $449,691 ($84,000) ($20,000) -$104,000 $4,200
$87,562 $4,067 $91,629 ($17,640) ($2,800) -$20,440 $882
$16,592,073 $770,665 $17,362,738 ($2, 1 00,000) ($909,300) -$3,009,300 $105,000
$17,110,712 $1,129,235 $18,239,947
Contract Payments =
City Costs-15-16 to 16-17 as of 3-28 .xlsx0istribution3/29/20163:52 PM 3
2016-2017 2015-2016
PAYMENT PAYMENT
AMOUNT AMOUNT
$3,510,129 $3,469,949
~877,209 $719,185
$4,387,338 $4,189,134
$618,279 $598,041
$29,419 $30,571
$375,199 $363,394
$9,503,450 $8,956,214
$349,891 $335,511
$72,071 $69,791
$14,458,438 $13 823,471
$15,335,647 $14,542,656
$10,868,341
Increase or
Decrease
$40,180
~158,024
$198,204
$20,238
-$1,152
$11,805
$547,236
$14,380
$2,280
$634,967
$792,991
ASOF
3/28/2016
%
Change
1.2%
22.0%
4.7%
3.4%
-3.8%
3.2%
6.1%
4.3%
3.3%
4.6%
5.5%