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Home My WebLink About1998-02-17; City Council; Resolution 98-401 2 3 4 5 0 0 RESOLUTION NO. 98-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RATIFYING ANIMAL CONTROL AGREEMENT BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND COUNTY OF SAN DIEGO €5 ll WHEREAS, the City of Carlsbad, California does hereby resolve as 7 I/ follows: 8 9 1. That the Animal Control Services Agreement, attached hereto 10 San Diego, is hereby ratified. 11 as Exhibit Number 2, between the City of Carlsbad and the County of I.2 II 2. That the Mayor of the City of Carlsbad is hereby authorized 13 14 15 16 l7 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of February , 1998, and directed to execute said agreement for and on behalf of the City of Carlsbad, California. l8 ll by the following vote to wit: 19 20 ll AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall 21 I1 NOES: None 22 23 24 25 ABSENT: None LITTEST: CLAUDE A. LEWIS, Mayor :; I LLb256- 4 2Lh ALETHA L. RAUTENKRANZ, City Cldrk 28 (SEAL) 1) 0 e AGREEMENT ANIMAL CONTROL SERVICES 98 THIS AGREEMENT, dated for purposes of reference only, February 17, 19/, is made by and between the County of SAN DIEGO, hereinafter referred to as "County", and the CITY OF CARLSBAD, hereinafter referred to as "City". WITNESSETH: WHEREAS, The City desires to contract with the County for the performance within its boundaries of the hereinafter described animal control services; and WHEREAS, The County of San Diego is willing and able to render such services on the terms and conditions hereinafter set forth; and WHEREAS, this contract is authorized and provided for by the provisions of Section 500.4 of Article V of the Charter of the County of San Diego and Sections 51300 et seq. of the Government Code. NOW THEREFORE, IT IS AGREED: 1. The County agrees, through the Director of Animal Control of the County of San Diego, to provide 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 the Department of Animal Control of the County of San Diego under the Charter of said County and the statutes of the State. The level of service provided to City shall be the same basic level of service that is and shall be provided during the term of this agreement for unincorporated areas of the County of San Diego by the Director of Animal Control. The Director of Animal Control of the County has discretion in determining how the level of service of this contract shall be performed by the County. 1 0 0 SERVICES DEFINED 3. The Department of Animal Control's services shall be as follows, unless notified in writing of any changes: A. For Shelter Manaaement Services, the County will: (1) operate, twenty-four (24) hours-day, seven (7) days per week, a holding shelter for the feeding and care of City's lost, abandoned and impounded animals; (2) provide public access to shelters during established business hours, for adoption services, humane disposal of animals, abatement, impound and vicious dog hearings. B. For Field Services, the County will: (1) rescue City's injured animals and reptiles; (2) impound City's stray animals and reptiles; (3) quarantine City's biter animals; (4) investigate City's reports of vicious dogs; (5) respond to requests for service, and when required, issue citations within City's jurisdiction, enforcing local and state laws; (6) investigate City's humane cases; (7) return City's lost dogs to their owners in the field, as possible; (8) present City's cases to the District Attorney or City Attorney for prosecution of animal related violations; (9) investigate and license City's kennels (as defined in Chapter 6, Division 2, Title 6 of the San Diego Code). Department will provide above Field Services for the City twenty-four (24) hours-day, seven (7) days per week as the need arises or as requests for services are made by City residents, in 2 0 0 accordance with adopted responsekervice priorities and within staffing limits. C. For Licensinu Services, the County will: (1) maintain a current dog license file of City's licensed and delinquent dogs and owners; (2) issue new and renewed licenses to City dog license applicants; (3) conduct follow-up enforcement of vaccinated but unlicensed City dogs; (4) schedule rabies vaccination clinics for City animal owners; (5) manage computer support for department operations in support of services to City. D. For Medical Services (1) maintain on-site veterinarian services at Shelters; (2) contract for 24-hour emergency medical treatment for City's injured animals; (3) inoculate City animals in care of the Department; (4) develop rabies control resource information for City; (5) monitor City's quarantined biter animals. Dead animal pick-up services are specifically excluded from this contract. CITY ASSISTANCE 4. It is agreed that in performing the services pursuant to this agreement, the County shall have all the powers of the City and shall receive all cooperation possible from City, its officers, agents, and employees to enable efficient enforcement of such ordinances as specified in this agreement and to effectuate collections called for thereunder. 5. For the purpose of performing said functions, County shall furnish and supply all necessary personnel, labor, supervision, equipment and supplies necessary to maintain the level 3 0 a of service to be rendered hereunder. 6. All persons employed in the performance of such services and functions for City pursuant to this agreement shall be County employees. No City employee shall perform services or functions which County is obligated to provide under their agreement. All persons employed by the County to perform the services pursuant to this agreement shall be entitled solely to the rights and privileges given to County employees and shall not be entitled, as a result of providing services pursuant to this agreement, to any additional rights and privileges given to City employees. 7. For the purpose of performing Animal Control services and functions under this agreement, and for the purpose of giving official status to the performance thereof where necessary, every County officer and employee engaged in the performance of any service hereunder shall be deemed to be an agent of City while performing services for City, which services are within the scope of this agreement and are purely municipal functions. Notwithstanding the agency relationship created by this paragraph, the City shall not be liable for any act or omission of any County officer or employee unless otherwise specifically provided elsewhere in this agreement. RESPONSIBILITY FOR EMPLOYEES 8. 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. 9. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness or other claims arising out of his or her employment. MUTUAL INDEMNIFICATION 10. County shall defend, indemnify, protect, and hold City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for 4 0 e damages or injuries to any person or property, including injury to County's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of County, and its agents, officers or employees, in performing the agreement or services herein; provided, however, that County's duty to indemnify and hold harmless shall not include any claims or liability arising from the misconduct of the City, its agents, officers or employees. City shall defend, indemnify, protect, and hold County and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to City's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of City, and its agents, officers or employees, in performing the agreement or services herein; provided, however, that City's duty to indemnify and hold harmless shall not include any claims or liability arising from the misconduct of the County its agents, officers or employees. 11. County employees performing animal control functions as City agents pursuant to this agreement shall not be City agents for the mutual indemnification purposes of this section. PROSECUTION 12. This Basic Agreement shall not impose upon the District Attorney of the County or the County Counsel obligation to prosecute violations of the City Municipal Code other than such obligation as may be imposed by law. The City may prosecute violations of the City Municipal Code and cooperate in giving the Department of Animal Control opinions and advice with respect to the enforcement of such City ordinances. TERMINATION CAUSED BY CHAPTER 6 13. Notwithstanding anything to the contrary herein contained, this contract shall be terminated at any time that City fails to enact and to maintain in full force and effect, including the amount of fees provided, an ordinance identical to, or adopts by reference the provisions of Chapter 6 and 7, Division 2, Title 6 of the San Diego County Code, unless any deviations are 5 0 e specifically agreed to by the County Director of Animal Control (San Diego County Animal Control Ordinance ). This contract shall also be terminated if the County requests that the City enact amendments to said ordinance to comply with amendments to Chapter 6 and 7, Division 2, Title 6 of the San Diego Code adopted by the Board of Supervisors and such amendments are not made within 120 days of this request. EFFECTIVE PERIOD 14. This contract shall become effective on July 1 , 1997 and shall run for a period ending June 30, 1998, and at the option of the City Council of City, with the consent of the Board of Supervisors of County, shall be renewable thereafter for an additional period of not to exceed four (4) years. 15. In event the City desires to renew this agreement for an additional period not to exceed four years, the City Council shall, not later than May 1, 1998, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors, not later than June 15, 1998, shall notify the City Council in writing of its willingness to accept such renewal. Otherwise, such agreement shall finally terminate at the end of the aforementioned period. GENERAL TERMINATION 16. The County or City may terminate this agreement at any time of the year provided that notice of intent to terminate this agreement is provided in writing to the other party at least thirty (30) days prior to date of termination. In the event of such termination, the City’s fiscal obligation shall be limited to the net fixed cost stated in paragraph 17, pro rated for the actual . service time. That share will be based upon the number of days of service beginning July 1 , 1997 and ending on the final day of service, divided by 365 days. RATES 17. City agrees that whenever animals or persons from within the boundaries of the City r b