HomeMy WebLinkAbout1988-06-21; City Council; Resolution 88-202I ‘, /I 0 0
1 RESOLUTION NO. 88-202
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE COUNTY OF SAN DIEGO FOR FISCAL YEAR 1988-89.
5 WHEREAS, the California Government Code codifies that all munic.
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program available to the City of Carlsbad at this time; g
WHEREAS, the County of San Diego is offering the most cost c 8
services for the health and welfare of the residents, and 7
must furnish, independently or through contractual agreements, anima’
10 NOW THEREFORE, BE IT RESOLVED by the City Council of the
11 Carl sbad, Cal ifornia as follows:
12 1. That the above recitations are true and correct.
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the agreement for animal control services with the Count! 14
2. That the City Council hereby authorizes the City Manager ta
PASSED, APPROVED AND ADOPTED at a regul ar meeting of the Carl s 17
a part hereof. 16
Diego for fiscal year 1988-89, Attachment A attached hereto 15
Council held on the 2lSt day of June , 1988 by the followi l8 i
19 1 to wit:
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NOES: None 21
AYES: Council Members Lewis, Kulchin, Mamaux, Pettine & Larson
22 ABSENT: N~~~
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25 ‘1 ATTEST:
26 ALE~A*AU~&~~W~
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27 (SEN)
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.. 0 Attachmen to Resolution No. - a
AGREEMENT
ANIMAL CONTROL SERVICES
THIS AGREEMENT, dated for purposes of reference only, July
,* . 1 , 19&, is made by and between the County of SAN DIEGO, hereinafi
referred to as "County", and the CITY OF CARLSBAD
hereinafter referred to as "City".
KITNESSETH:
WHEREAS, The City desires to contract with the County for the perforrnar
within its boundaries of the hereinafter described animal control servicc
and
WHEREAS, The County of San Diego is will ing and ab1 e to render such servic
on the terms and conditions hereinafter set forth; and
WHEREAS, this contract is authorized and provided for by the provisions
'Section 500.4 of Article V of the Charter of the County of San Diego ZI
Sections 51300 et seq. of the Government Code.
NOW THEREFORE, IT IS AGREED:
a 1. The County agrees, through the Director of Animal Control
the County of San Diego, to provide animal control services within t
corporate 1 imi ts of City to the extent and in the manner hereinafter s
forth.
Such services shall be defined as those duties and functions of t
type corning within the jurisdiction of and customarily rendered by t
Department of Animal Control of the County of San Diego under the Charter
said County and the statutes of the State.
The level of service provided to City shall be the same basic lev
of service that is and shall be provided during the term of this agreerne
for unincorporated areas of the County of San Diego by the Director of Anirn
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Control. The Director of Animal Control of the County has discretion
determining how the level of service of this contract shall be performed
the County.
SERVICES DEFINED i
The Department of Animal Control‘s services shall be as follo
unless notified in writing of any changes:
For Shelter Manaaement Services, the County will:
a. operate, twenty-four (24) hours-day, seven (7) days
week, a holding shelter for the feeding and care
City’s lost, abandoned and impounded animals
b. provide pub1 ic access to shelters during establ is
business hours, for adoption services, humane disposal
animals, abatement, impound and vicious dog hearings
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c. sponsor rabies vaccination clinics;
For Field Services, the County will :
a. rescue City’s injured animals and reptiles,
b. impound City’s stray animals and reptiles,
c. quarantine City‘s biter animals,
d. investigate City’s reports of vicious dogs;
e. respond to requests for service, and when required, is:
citations within City’s jurisdiction, enforcing local i
state 1 aws,
f. investigate City’s humane cases,
g. return City’s lost dogs to their owners in the field,
possible,
h. present City’s cases to the District Attorney or Ci
Attorney for prosecution of animal related violations,
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i. investigate and license City’s kennels (as defined
Chapter 6, Division 2, Title 6 of the San Diego Code)
Department will provide above Field Services for the City twer
,. four (24) hours-day, seven (7) days per week as the need arises or
requests for services are made by City residents, in accordance with ado!
response/service priorities and within staffing limits. Department I
charge Service Hours in accordance to *service bill ing procedures adopted
Department, as approved by the County Auditor and Controller. Animal Cont
Field Officers will be available for City services seven (7) days per c
between the hours of 6:OO A.M. and 1O:OO P.M. At all other times servi
will be performed or a stand-by basis.
For Licensins Services, the County will:
a. maintain a current dog license file of City’s licen
and de7 inquent dogs and owners;
b. issue new and renewed ’licenses to City dog 1 ice,
appl i cants ;
e c. conduct follow-up enforcement of vaccinated
unl icensed City dogs ;
d. schedule rabies vaccination clinics for City anir
owners ;
e. conduct periodic license canvassing programs within Cii
f. manage computer support for department operations
support of services to City.
For Medical Services
a. maintain on-site veterinarian services for holdi
She1 ters ;
b. contract for 24-hour emergency medical treatment f
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City's injured animals;
c. inoculate City animals in care of the Department;
d. develop rabies control resource information for
residents;
e. monitor City's quarantine biter animals.
Such service shall include the enforcement of State statutes
such municipal animal control ordinance as the City may adopt pursuant
paragraph 8 of this agreement.
/ Dead animal pick-up services are specifically excluded from t
contract.
CITY ASSISTANCE
2. To facilitate the performance of said functions, it is her
agreed that the County shall have full cooperation and assistance from
City, its officers, agents, and employees.
3. For the purpose of performing said functions, County sh
furnish and supply all necessary personnel, labor, supervision, equipment
supplies necessary to maintain the level of service to be rendered hereund
4. All persons employed in the performance of such services
functions for City pursuant to this agreement shall be County employees.
City employee shall perform services or functions which County is obliga,
to provide under their agreement. All persons employed by the County
perform the services pursuant to this agreement shall be entitled solely
the rights and privileges given to County employees and shall not
entitled, as a result of providing services pursuant to this agreement,
any additional rights and privileges given to City employees.
For the purpose of performing Animal Control services and functic
under this agreement, and for the purpose of giving official status to 1
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performance thereof where necessary, every County officer and emplo:
engaged in the performance of any service hereunder shall be deemed to be
agent of City while performing services for City, which services are wit\
the scope of this agreement and are purely municipal functior
Notwithstanding the agency relationship created by this paragraph, the C.
shall not be liable for any act or omission of any County officer or emplob
unless otherwise specifically provided elsewhere in this agreement.
RE’SPONSIBILITY FOR EMPLOYEES
5. City shall not be liable for the direct payment of ;
salaries, wages, or other compensation to any County personnel performi
services hereunder for County or any liability other than that provided f
in this agreement.
Except as herein otherwise specified, the City shall not be liab
for compensation or indemnity to any County employee for injury or sickne
or other claims arising out of his or her employment.
UUTUAL.INDEMNIFICAT1ON
6. County shall defend, indemnify, protect, and hold City and f,
agents, officers and employees harmless from and against any and all clai;
asserted or liability established for damages or injuries to any person (
property, including injury to County’s employees, agents or officers whic
arise from or are connected with or are caused or claimed to be caused by ti
acts or omissions of County, and its agents, officers or employees, .
performing the agreement or services herein; provided, however, that County‘
duty to indemnify and hold harmless shall not include any claims or liabilit
arising from the misconduct of the City its agents, officers or employees
County employees performing animal control functions as City agents pursuar
to Section 4 of this agreement shall not be City agents for purposes of thi
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exclusion from the County’s duty to indemnify City.
City shall defend, indemnify, protect, and hold County and
agents, officers and employees harmless from and against any and all cla
asserted or liability established for damages or injuries to any person
property, including injury to City’s employees, agents .or officers wh
arise from or are connected with or are caused or claimed to be caused by
acts or omissions of City, and its agents, officers or employees,
performing the agreement or services herein; provided, however,. that Cit.
duty to indemnify and hold harmless shall not include any claims or liabil-
arising from the misconduct of the County its agents, officers or employee!
PROSECUTION
7. This Basic Agreement shall not impose upon the Distr.
Attorney of the County or the County Counsel obligation to prosect
violations of the City Municipal Code other than such obligation as may
imposed by law. The City may prosecute violations of the City Municipal Cc
and cooperate in giving the Department of Animal Control opinions and advi
with respect to the enforcement of such City ordinances.
TERMINATION CAUSED BY CHAPTER 6
8. Notwithstanding anything to the contrary herein contain€
this contract shall be terminated at any time that City fails to enact and
maintain in full force and effect, including the amount of fees provided,
ordinance identical to, or adopts by reference the provisions of Chapter
Division 2, Title 6 of the San Diego County Code, unless any deviations a
specifically agreed to by the County Director of Animal Control (San Die
County Animal Control Ordinance No. 7182). This contract shall a1 so I
terminated if the County requests that the City enact amendments to sa
ordinance to comply with amendments to Chapter 6, Division 2, Title 6 of ti
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San Diego Code adopted by the Board of Supervisors and such amendments ;
not made within 120 days of this request.
PAYHENTOF FULL COST
9. For and in consideration of animal control services by Count,
City agrees that it shall pay the full cost to the County of providing su
services at rates determined by the County of San Diego and established und
Item #11 herein. City further agrees that County may keep and retain any a
all license and other fees specified in the Animal Control Services Fc
Resolution collected by the County pursuant to this agreement, and Counl
agrees to credit such collections against City's obligation to pay the fu'
cost of animal control services.
The County agrees, through the Department of Animal Control t
provide within 30 days of adoption of this agreement and, on or befor
January 15th of each year thereafter, an estimate of the total costs ar
revenue and resulting net charges for all animal control services to t,
provided to the City for the following fiscal year.
BILLING FOR SERVICES
City will be billed four times during the fiscal year: after th
fourth ARMS period, the seventh ARMS period, the tenth ARMS period and th
thirteenth ARMS period. An ARMS period is one of the thirteen timi
intervals, each being four-weeks except for the 1st and 13th in each fisca
year, used by County in its Accounting and Resource Management System (ARMS)
On or before twenty (20) working days following the close of each bi 7 1 in:
period, the County shall provide City an invoice for the amount due.
Should the amount of actual revenues collected exceed the estimate(
amounts the County shall adjust the difference as part of the final billing.
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CITY POYERS
It is agreed that in performing the services pursuant to t
agreement, the County shall have all the powers of the City and shall rece
all cooperation possible from City to enable efficient enforcement of SI
ordinances as specified in Paragraph 8 of this agreement and to effectu
col 1 ect i ons call ed for thereunder.
EFFECTIVE PERIOD
10. This contract shall become effective on the date hereinab
first mentioned and shall run for a period ending lune 30, 1989 , and
the option of the City Council of the City, with the consent of the Board
Supervisors of County, shall be renewable thereafter for an additional per.
of not to exceed five (5) years.
In event the City desires to renew this agreement for an additior
period not to exceed five-years, the City Council shall not later tt,
May 1, 1989 , notify the Board of Supervisors of County that it wishes
renew the same, whereupon the Board of Supervisors, not later tt-
June 15, 1989 shall notify the City Council in writing of i
will ingness to accept such renewal. Otherwise, such agreement shall final
terminate at the end of the aforedescribed period.
GENERAL TERMINATION
The County or City may terminate this agreement as of the first d
of July of any year provided that notice of intent to terminate th
agreement is provided in writing to the other party at least 30 days prior
date of termination.
RATES
11. City agrees that whenever animals or persons from within tl
boundaries of the City are accorded Animal Control Services by County l
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described in paragraph one of this agreeement, the City shal 1 pay the fl
cost for the services to said persons or for said animals. City agrees
make the following payment for 1988-89: $ 70,012 plus an amount eql
to the prorata share of salary increases approved by the Board of Supervisc
for Fiscal Year 1988-89. Should the actual net cost .differ from tt
estimate, the billing in the year following the year after the fiscal year
which the services were delivered shall. be adjusted to either credit or det
CITY for the difference.
RESTRICTIONS BY SECTION 23008
All services rendered hereunder are subject to the limitations
the provisions of Section 23008 of the Government Code, and in accordan
therewith, before any services are rendered pursuant hereto, an amount equ
to one-hundred ten percent (110%) the estimated annual net charges shall ~
budgeted by the City from its funds to ensure payment for work, services I
materials provided hereunder.
PROVISION FOR INVOICE AND BILLING
13. The County through its Department of Animal Control sha'
render to said City within twenty (20) working days after the close of eac
billing period an itemized invoice which covers all services performed duril
said billing period, and said City shall pay County therefore within thirl
(30) days of receipt of the invoice.
If such payments provided above and in Section 9 of this contrac
are not delivered to the County office which is described on said invoice
within thirty (30) days of the date of receipt of the invoice, the County i
entitled to recover interest thereon. Interest shall be calculated at tt
rate of seven (7) percent per annum on any unpaid portion thereof calculate
from the last day of the month in which the services were performed.
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14. If such payments are not delivered to the County office ~h
is described on said invoice within thirty (30) days of the date of rece
of the invoice, the County may satisfy such indebtedness, including inter
thereon, from any funds of the City on deposit with the County wi-thout giv
further notice to City of County's intention to do so.
RECORD KEEPING
15. The County agrees to keep separate records for each City
such form and manner as the County Auditor & Controller shall specify. I
records evidencing services to City shall be open for examination and auc
by said City during a71 business hours.
HUUANE AND SANITARY CONDITIONS
16. The County agrees to maintain its kennels and animal shelt
in a humane manner ana keep said premises in a sanitary condition at 2
times and that a1 1 services ftirnished by it hereunder shall be in accordar
with the laws of the State of California and that it will give the prescrit
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notices and use humane methods of care and destruction of any animal coni
under its jurisdiction.
NOTICE REGARDING RESEARCH ANIMALS
17. The County agrees to continue its existing practice of n
providing animals from the North County Shelter to UCSD for research purpos
and agrees to give City advance notice of any change in that practice. ( Th
clause shall not require the County to breach any agreement with UCS9 f
provision of animals. )
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IN WITNESS WHEREOF , the City of CARLSBAD , by order of
City Council, caused this agreement to be signed by its City Manager, and
County of Sari Diego, by order of its Board of Supervisors, has caused t,
agreement to be signed by the Clerk of the Board and the seal of said BO
to be affixed thereto.
COUNTY OF SAN DI EGO
BY
I' w ty Manager Clerk, Board of Supervisors
APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM:
County Counsel
BY Deputy
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