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HomeMy WebLinkAbout2013-11-05; City Council; Resolution 2013-254Exhibit 1 1 RESOLUTION NO. 2013-254 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, CALIFORNIA AND THE 4 COUNTY OF SAN DIEGO FOR ANIMAL CONTROL SERVICES 5 6 7 8 9 10 11 12 13 14 15 16 17 13 2. That the City Manager of the City of Carisbad is hereby authorized and directed 19 to execute the Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 20 2013-14 agreement for and on behalf of the City of Carisbad, California. 21 3. That the Agreement between the City of Carlsbad and the County of San Diego 22 for Animal Control Services, entered into on September 25, 2013 (attached hereto as Exhibit 4), 23 Is hereby amended to include Attachment B Contract Animal Control Services Program Joint 94 Operating and Financial Plan Fiscal Year 2013-14 as an exhibit thereto 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 2013-14; and WHEREAS, it is necessary and desirable to continue providing animal control services for the City of Carisbad 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 November, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. ATTEST: BARBARA ENGLESON , City erk Of ATTACHMENT B City of Carlsbad Contract Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2013-14 This Joint Operating and Financial Plan made and agreed to for the period beginning July 1, 2013 and ending June 30, 2014, by and between the City of Carlsbad and the County of San Diego shall become a part of the Agreement between said parties. The County of San Diego shall provide animal control services to the City of Carlsbad as specified in Sections 3 through 5 of the Agreement. The gross cost of providing animal control services to Carlsbad for fiscal year 2013-14 shall be $685,870. The County shall collect license and other fees, as specified under the County's Animal Services Fee Resolution within City of Carlsbad. For fiscal year 2013-14, the estimated revenue amount to be collected within City of Carlsbad is $150,000. After deducting estimated revenues firom gross cost, the City of Carlsbad shall pay County the net amount of $540,970, which includes the amount of $5,100.00 to finance the spay/neuter program as provided for in Sections 6 and 8 of the Agreement. The City of Carlsbad shall pay County in quarterly payments as specified in Section 6, paragraph 5 of the Agreement. As approved: CITY OF CARLSBAD COUNTY OF SAN DIEGO By:. Director of Animal Services Approved as to form and legality A^-^ City Attomey Approved as to form and legality County Counsel By: Senior Deputy OFFICE: (619)767-2605 FAX: (619)767-2706 DAWN DANIELSON, RVT DEPARTMENT OF ANIIVIAL SERVICES WEBSITE: www.sddac.com DIRECTOR 5480 GAINES STREET, SAN DIEGO, CA 92110-2687 MAIL STOP: H-39 July 17, 2013 Lisa Hildabrand, City Manager c/o Fiona Everett, Management Analyst City of Carisbad Police Department 2560 Orion Way Carisbad, CA 92008 Dear Ms. Hildabrand: ANIMAL SERVICES FY 2013-14 JOINT OPERATING AND FINANCIAL PLAN Please find enclosed the Animal Services FY 2013-14 Joint Operating and Financial Plan. The increased amount to your city for Animal Control Services is $25,103. Details of the changes to the department's operational plan including the annual salary and benefit adjustments and increases and decreases to various services and supplies accounts have not changed in this update. We understand the tight budget constraints each of you are working with and have done our best to limit increases to the costs that we all share to provide superior animal control services to both our citizens and yours. These documents include an overview of the various cost factors affecting the delivery of animal control and sheltering services to our residents and to you, the cities served by the County of San Diego Department of Animal Services. As you know, your city's annual contract costs are affected by three factors: 1) increases in shared departmental operating costs; 2) your city's pro-rated share of those costs based on population growth, and 3) volume of requests for patrol services. Our overall increase for alt cities is only 4.5%. Because of the fluctuations based on the formula for your city's share the increase is greater for some cities and for two there have even been decreases. To see a breakdown of increases and decreases by the three factors in the formula see pages 4 and 5. The figures for your city's net annual cost—and the basis for the amount of your city's quarterly payment are on Page 8. Also enclosed are contract Attachment B documents for your approval. Please return the signed copies as soon as possible. o TO PROTECT THE HEALTH, SAFETY AND WELFARE OF PEOPLE AND ANIMALS Lisa Hildabrand July 17, 2013 Page 2 If you have any questions or need additional information, please call Randall Krogman, Administrative Services Manager ll, at 619-767-2622. Sincerely, DAWN DANIELSON, RVT, Director Department of Animal Services DD:mlo Enclosure cc: Fiona Everett, Management Analyst, Police Department, City of Carisbad Randall Krogman, Administrative Services Manager 11, DAS DEPARTMENT OF ANIMAL SERVICES 2013-2014 JOINT OPERATING AND FINANCIAL PLAN BUDGET GROWTH Recommended Budget 3/27/2013 Department External Costs Overheads Total Costs 2012-2013 Estimated Costs (As of 3/5/2012) $15,458,394 $623,977 $16,082,371 12-13 Adiustments to 3/5/2012 Estimate: Special Department Expense - 52550 $364,003 2012-2013 ADOPTED BUDGET $15,822,397 $623,977 $16,446,374 2013-14 Budget Adjustments: Salaries & Benefits Adjustments: S & B - Salary Base & Premium Adjustments $33,419 S & B - Reclassify Animal Medical Manager $19,008 S & B - Additional Salaries and Wages -$45,472 S & B - Retirement & Pension Bonds (related to Salaries) $201,821 8 & B - Other Benefits $43,602 S&B-OtherPay 51185 $8,000 Services & Supplies Net Adjustments: S&S- Uniform Allowance 52041 -$8,200 Liability Insurance - Account 52138 -$2,338 Miscellaneous - 52041, 52068, 52090, 52334 $48,200 Special Department Expense - 52550 -$370,000 ISF - Facilities Mgmnt, Rents, Utilities $21,200 ISF - Fleet Maint., Fuel and Lease Accounts $0 Major Maintenance ISF 52737 $45,079 ISF - Information Technology $90,000 One-Time Only Fixed Assets -$170,000 A-87 Overheads: Various Accounts -$13,544 A & C Audits Services $52,348 Human Resources $11,105 Roll Forward Reconciliation Adjustment $158,449 2013-2014 Estimated Costs (As of 3/14/2013) $15,736,716 $832,335 $16,569,051 b- City Costs-12-13 to 13-14Recommend 3-27-13.xlsx Yr2Yr 7/17/2013 1:54 PM DEPARTMENT OF ANIMAL SERVICES 2013-2014 JOINT OPERATING AND FINANCIAL PLAN UNSHARED COSTS Department Costs External Overheads Total Costs 2013/2014 ESTIMATED BUDGET $15,736,716 $832,335 $16,569,051 Unshared Costs: Director, Animal Control Administrative Secretary -$242,615 -$88,789 One-Time Only Major Maintenance -$107,550 CAO Executive DCAO Community Services Auditor & Controller - Audits Auditor & Controller - FM Civil Service Commission -$9,142 -$175,974 -$61,905 -$73,957 -$5,303 2013/2014 SHARED COSTS $15,297,762 $506,054 $15,803,816 2012/2013 SHARED COSTS $14,967,912 $337,572 $15,305,484 INCREASE $329,850 $168,482 $498,332 City Costs-12-13 toi 3-14Recommend 3-27-1 S.xisx Unshared 7/17/2013 1:54 PM 2 DEPARTMENT OF ANIMAL SERVICES 2013-2014 JOINT OPERATING AND FINANCIAL PLAN TOTAL COSTS COMPARISON 12/13 13/14 Total Costs Total Costs Inc/Dec % Change Unincorporated County $3,989,964 $4,126,307 $136,343 3.4% Carlsbad $660,767 $685,870 $25,103 3.8% Del Mar $35,856 $34,670 -$1,186 -3.3% Encinitas $390,907 $423,867 $32,960 8.4% San Diego $9,752,851 $10,028,368 $275,517 2.8% Santee $396,618 $414,065 $17,447 4.4% Solana Beach $78,521 $90,669 $12,148 15.5% TOTAL $15,305,484 $15,803,816 $498,332 3.26% X t City Costs-12-13 to 13-14Recommend 3-27-1 S.xisx TOTAL COSTS 7/17/2013 DEPARTMENT OF ANIMAL SERVICES 2013-2014 JOINT OPERATING AND FINANCIAL PLAN BREAKDOWN OF COST CHANGES INCREASES/ Population DECREASES Service Requests DUE TO: DAS Costs INCREASES/ Population DECREASES Service Requests DUE TO: DAS Costs TOTAL Unincorporated County -$21 $6,251 $130,112 $136,342 Carisbad $1,162 $2,314 $21,627 $25,103 Del Mar -$96 -$2,184 $1,093 -$1,185 Encinitas -$75 $19,669 $13,366 $32,960 San Diego -$1,005 -$39,696 $316,218 $275,517 Santee $199 $4,192 $13,056 $17,447 Solana Beach -$166 $9,455 $2,859 $12,148 TOTAL $0 $0 $498,332 $498,332 City Costs-12-13 to 13-14Recommend 3-27-1 S.xisx BREAKDOWN 7/17/201S 1:54 F4M DEPARTMENT OF ANIMAL SERVICES 2013-2014 JOINT OPERATING AND FINANCIAL PLAN CITY POPULATION and SERVICE REQUESTS 50% of COSTS DISTRIBUTED 50% of COSTS DISTRIBUTED 12/13 Population 13/14 Population % Change 12/13 Share 13/14 Share 12/13 Requests 13/14 Requests % Change 12/13 Share 13/14 Share Unincorporated County 490,864 495,281 0.90% 24.08% 24.08% 8,522 8,627 1.23% 28.05% 28.13% Carisbad 106,403 107,674 1.19% 5.22% 5.24% 1,037 1,056 1.83% 3.41% 3.44% Del Mar 4,182 4,194 0.29% 0.21% 0.20% 80 72 -10.00% 0.26% 0.23% Encinitas 59,827 60,346 0.87% 2.94% 2.93% 660 745 12.88% 2.17% 2.43% San Diego 1,309,784 1,321,315 0.88% 64.27% 64.25% 19,192 19,213 0.11% 63.18% 62.66% Santee 54,102 54,643 1.00% 2.65% 2.66% 768 792 3.13% 2.53% 2.58% Solana Beach 12,928 13,000 0.56% 0.63% 0.63% 119 158 32.77% 0.39% 0.52% TOTAL 2,038,090 2,056,453 0.90% 100.00% 100.00% 30,378 30,663 0.94% 100.00% 100.00% Sources: Population: CA-DOF - January 2012 posted as of 5/1/2012 Requests: Actual Requests by City for period of Jan 1, 2012 thru Dec. 31, 2012 City Costs-12-1S to 1S-14Recommend S-27-1 S.xisx POP-REQ 7/17/201S 1:54 PM 5 DEPARTMENT OF ANIMAL SERVICES 2013-2014 JOINT OPERATING AND FINANCIAL PLAN SPAY/NEUTER ALLOCATION '13-14 Participation SPAY/NEUTER ALLOCATION '13-14 Participation Unincorporated County $38,500 Carisbad $5,100 Del Mar $450 Encinitas $4,000 San Diego $57,000 Santee $3,900 Solana Beach $825 TOTAL $109,775 J- City Costs-12-1S to 1S-14Recommend 3-27-1 S.xisx SpayNeuter 7/17/201S DEPARTMENT OF ANIMAL SERVICES 2013-2014 JOINT OPERATING AND FINANCIAL PLAN NET COSTS COMPARISON 2012/13 2012/13 2013/14 2013/14 REVENUE NET COSTS REVENUE NET COSTS* CHANGE Unincorporated County $1,015,909 $2,875,748 $912,367 $3,252,440 $376,692 Carlsbad $150,000 $485,215 $150,000 $540,970 $55,755 Del Mar $10,000 $23,886 $10,000 $25,120 $1,234 Encinitas $102,000 $318,907 $102,000 $325,867 $6,960 San Diego $1,635,000 $7,814,348 $1,635,000 $8,450,368 $636,020 Santee $98,000 $302,945 $98,000 $319,965 $17,020 Solana Beach $19,300 $58,501 $19,300 $72,194 $13,693 TOTAL $3,030,209 $11,879,550 $2,926,667 $12,986,924 $1,107,374 2013-14 Net Costs calculated using 2012-2013 revenue amounts and spay neuter allocation for participating jurisdictions. r' City Costs-12-13 to 13-14Recommend 3-27-1 S.xisx NET COSTS 7/17/2013 DEPARTMENT OF ANIMAL SERVICES 2013-2014 JOINT OPERATING AND FINANCIAL PLAN COSTS DISTRIBUTION Recommended Budget 3/27/2013 Department Cos A-87 50% Populatior 50% Popiilation TOTAL Spay/Neutei 2013-2014 2012-2013 Licensing Other Revenue Increase or % Prelim % JURISDICTION 50% Requests 50% Requests TOTAL COSTS Revenue Revenues REVENUES Allocation NET COSTS NET COSTS Decrease Change Change Unincorporated County Shared $3,994,179 $132,128 $4,126,307 ($612,367) ($300,000) -$912,367 $31,823 $3,245,763 $3,050,200 $195,563 6.4% 4.8% Non-Shared $438,954 $326,281 $765,235 $0 $0 $0 $0 $765,235 $776,887 -$11.652 -1.5% -7.7% $4,433,133 $458,409 $4,891,542 ($612,367) ($300,000) -$912,367 $31,823 $4,010,998 $3,827,087 $183,911 4.8% 1.6% Carlsbad $663,907 $21,962 $685,870 ($102,000) ($48,000) -$150,000 $5,100 $540,970 $515,867 $25,103 4.9% -4.6% Del Mar $33,560 $1,110 $34,670 ($9,000) ($1,000) -$10,000 $450 $25,120 $26,306 -$1,186 -4.5% -0.6% Encinitas $410,294 $13,573 $423,867 ($80,000) ($22,000) -$102,000 $4,000 $325,867 $292,907 $32,960 11.3% 3.9% San Diego $9,707,250 $321,118 $10,028,368 ($1,200,000) ($435,000) -$1,635,000 $60,000 $8,453,368 $8,177,851 $275,517 3.4% 4.9% Santee $400,806 $13,259 $414,065 ($78,000) ($20,000) -$98,000 $3,900 $319,965 $302,518 $17,447 5.8% 12.2% Solana Beach $87,766 $2,903 $90,669 ($16,500) ($2,800) -$19,300 $825 $72,194 $60,046 $12,148 20.2% 5.4% TOTAL Shared $15,297,762 $506,054 $15,803,816 ($2,097,867) ($828,800) -$2,926,667 $106,098 $12,983,247 $12,425,695 $557,552 4.5% 4.5% TOTAL TOTAL $15,736,716 $832,335 $16,569,051 $13,748,482 $13,202,582 $545,900 4.1% 3.6% Cities County $11,677,509 70% 25% Contract Payments = $9,663,209 61% 21% $9,304,651 Total Net City Cost Total Contract City Rev. Total Gross City Cost Total City S/N Rev Cities' Share of Total Costs $9,737,484 $74,275 $9,663,209 -$2,014,300 $11,677,509 $74,275 70% City Costs-12-13 to 13-14Recommend 3-27-13.xlsxDistribution7/17/20131:54 PM AGREEMENT BETWEEN CITY OF CARLSBAD AND COUNTY OF SAN DIEGO FOR ANIMAL CONTROL SERVICES THIS AGREEMENT made and entered into this ZS day of 'StfiV ^ 20J12, between the County of San Diego, a political subdivision of the State of Califomia^^ ("COUNTY') and the City of Carlsbad, a chartered municipal corporation ("CITY"). WITNESSETH WHEREAS, CITY is a chartered municipal corporation ofthe State of Califomia within the County of San Diego and desires to obtain animal control services from COUNTY; AND WHEREAS, COUNTY is a political subdivision of the State of Califomia and through its Department of Ammal Services ("ANIMAL SERVICES"), desires to provide animal control services to CITY; and WHEREAS, Section 500.4 ofthe Charter ofthe County of San Diego and sections 51300 et seq, ofthe Govemment Code authorize COUNTY and CITY 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 I and ending the following year on June 30. 4. The term "Population" means the State Department of Finance's estimate of each jurisdiction's most recent January population. 5. The term "Requests for Service" means specific requests from CITY representatives or individual residents ofthe CITY for action or response by an Animal Control Field Officer, as well as actions by Animal Control Officers to enforce animal related laws based on tiie observations of Animal Control Officers. 6. The term "on-site veterinarian services" means emergency triage care; tiie diagnosis and treatment of acute injuries and illnesses; the treatment of chronic illnesses and injuries to die extent tiiat the animals are kept comfortable; tiie prescribing of analgesics to alleviate pain; and tiie 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, tiurough ANIMAL SERVICES, shall provide general animal control services witiiin tiie corporate limits of CITY to tiie extent and in tiie manner hereinafter set forth. 2. Such services shall be defined as tiiose duties and functions of ttie type coming witiiin tiie jurisdiction of and customarily rendered by ANIMAL SERVICES under tiie County of San Diego Code of Regulatory Ordinances and the statutes of tiie 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 Director shall have discretion in determining how tiie level of service shall be achieved by COUNTY. CITY may provide input to ttie Director on tiie mamier in which services are provided to CITY. SECTION 4 LEVELS OF SERVICES 1. ANIMAL SERVICES shall provide the following animal control services, unless tiie parties to this Agreement agree in writing to any changes in tiie provision of such services: A. Shelter Management Services: (1) Operate, 24 hours per day, seven days per week, a holding shelter for ttie feeding and care of CITY's lost, abandoned and impounded animals. COUNTY will operate three holding shelters within ttie County of San Diego. One shelter will be located in the north San Diego County region and anottier shelter will be located in the soutti San Diego County region, COUNTY may, in its discretion, open additional holding shelters to meet future animal control shelter needs. At tiie Director's discretion, ttie shelter nearest to CITY shall provide for tiie 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 tiian a shelter nearest to CITY, COUNTY shall notify CITY of tiiis 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 fumished by tiie COUNTY'S shelters shall be provided in accordance witti applicable state and local laws. COUNTY shall use humane metiiods in tiie 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 euttianasia of animals, public nuisance hearings, general impoundment and dangerous dog hearings. In establishing tiie days and times for public access to shelters, ttie public interest and customer service shall be a primary consideration. B. Field Services: COUNTY will provide ttie 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 ttiat occur wittiin CITY'S jurisdiction; (6) investigate matters tiiat occur witiiin CITY's jurisdiction regarding cmelty or neglect to animals; (7) renim lost dogs found in CITY to tiieir owners in the field, if possible; (8) present cases involving violations of animal-related laws ttiat occur in CITY to ttie 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 these dogs who live in CITY's jurisdiction; (2) issue new and renewed licenses to dog license applicants within CITY's jurisdiction; (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 witti dog owners; (4) witti CITY, jointly organize and fund rabies vaccination clinics for animal owners residing witiiin CITY, which may be held at least annually witiiin 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 the level of funding or scope of services each party shall contribute for the operation of ttie rabies vaccination clinics; (5) provide computer support for services provided to CITY under ttiis Agreement; and (6) Provide dog owners witti reasonable advance notice of tiie 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 firom tills Agreement. F COUNTY, witti cooperation fi-om 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 witii pet-related laws, adoption of shelter animals, rabies vaccination and spaying and neutering of animals. Such mariceting plan may also include a public-private partnership witii private entities to jointiy market ANIMAL SERVICES' programs and services. Such marketing program shall include recommendations made by ttie Ad Hoc Committee descnbed m Section 13. G. Upon written request by CfFY, COUNTY may provide additional services not included in Section 4, paragraph A through F or may increase tiie level of existmg services specified in Section 4, paragraph A tiirough F. The nature, scope and cost of such additional services and/or increased level of services shall be mutually 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 firom performance of its obligations under this Agreement to the extent ttiat it is prevented fi-om perfonning any services as a result of delays caused by an act of God, war, civil disturbance, court order, governmental action. It laws orders, or as a result of events such as public enemies, fires, earthquakes, floods, strikes or ottier labor disturbances of COUNTY or CITY, or ottier cause beyond its reasonable control that could not have been prevented by reasonable precautions, and, except as set forth herein, such nonperfomnance shall not be a default hereunder or a ground for tennination. If COUNTY'S cost of providing services to CITY decreases as a result of tiie above, CITY may be entitied to a proportionate reduction m tiie cost of services for tiie 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 witiiin one hour. Priority I calls are defined in Attachment A. , . ^ oco/ 2 COUNTY shall make its best effort to respond witti a mimmum of 85 /o efficiency to Priority 2,3 and 4 calls witiiin 12,24 and 72 hours respectively. Priority 2, 3 and 4 calls are defined in Attachment A. . 3. COUNTY shall make its best effort to increase tiie percentage of animals that are claimed by ttieir owners and to increase ttie percentage of animals that are adopted. « . 4. COUNTY shall make its best effort to decrease ttie percentage ot ammals ttiat are euttianizcd. . A^ITV*^ 5. COUNTY shall make its best effort witti assistance fi-om the Cl l Y to increase ttie per capita rate of licensed dogs. 6. COUNTY shall make its best effort to increase ttie percentage of licensed dogs tiiat are altered each fiscal year. „ , ,, . , 7. COUNTY shall make its best effort to ensure tiiat all alterable ammals are spayed or neutered prior to adoption firom COUNTY shelters. SECTION 6 JOINT OPERATING AND FINANCIAL PLAN 1 Throughout ttie tenn of tiiis Agreement, CITY and COUNTY shall, on a fiscal year basis, prepare a written Joint Operating and Financial Plan for tiie services to be provided under Sections 3 ttirough 4. The Joint Operating and Financial Plan shall state die total gross cost, estimated revenues and the net cost for tiie services specified under Sections 3 ttirough 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 ttie net cost for animal control services provided under tiiis Agreement. The annual wntten Joint Operating and Financial Plans shall be approved by CITY and COUNTY pnor to tiie beginning of each fiscal year and shall be effective for tiie applicable fiscal year. The annual Joint Operating and Financial Plan shall be made a part of tins 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 ofthe gross cost, estimated revenues and net cost for animal control services for tiie 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 Metiiodology 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 whetiier COUNTY provides services to the 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 ttie gross cost will be calculated based upon CITY'S proportionate share of ttie prior year's total requests for service received by ANIMAL SERVICES firom 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 tiiis Agreement license and other fees specified under COUNTY'S Animal Control Services Fee Resolution tiiat are paid by residents of CITY. COUNTY will calculate on an annual basis an estimate of ttie actual amounts expected to be received and collected by COUNTY as payment of license and other fees by residents of CITY. COUNTY shall subtract fit>m tiie annual gross cost ttie annual estimated revenues collected within CITY to arrive at an annual net cost. CITY will pay COUNTY ttie annual net cost for providing animal control services as stated in ttie annual Joint Operating and Financial Plan. Spay/Neuter Deposit Forfeiture Account fimds will be excluded fi-om tiiis 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 tiie calculation of estimated or actual revenues. 4. If at tiie end of ttie fiscal year, COUNTY does not collect ttie annual estimated amount of revenues, CITY shall pay COUNTY ttie difference between ttie actual annual amount of revenues collected and ttie annual estimated amount of revenues within 60 days of written notice of deficiency of revenues from COUNTY. If COUNTY collects revenues in excess of tiie estimated amount of revenues, COUNTY will refimd the 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 tiie end of each fiscal year. Upon receipt of written notice, CFFY may instmct COUNTY to apply excess revenues against future gross cost. 5. CITY shall pay ttie net cost to COUNTY by making quarteriy payments of the total net cost per fiscal year for animal control services rendered pursuant to this Agreement and the approved Joint Operating and Financial Plan. Such payments shall be made by July 15, October 15, January 15 and April 15. Failure to provide payment by tiie 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. 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 entitied to recover interest ttiereon. Interest shall be calculated at ttie rate of 10 /o per amium on any unpaid portion ttiereof calculated from the last day of ttie montti m which the services were performed. 7 If such payments are not deUvered to COUNTY office at ttie address listed below wittiin 45 days of ttie due date for payment, COUNTY may offsetsuch indebtedness, including interest ttiereon, from property tax fimds of CITY on deposit witti COUNTY in accordance witti Govemment Code 907, as may be amended firom time to time. COUNTY OF SAN DIEGO DEPARTMENT OF ANIMAL SERVICES 5480 GAINES STREET SAN DIEGO, CA92I10 8 Failure by COUNTY and/or CITY to approve ttie annual Joint Operating and Financial Plan prior to tiie begimiing of tiie fiscal year (July 1), is grounds for temiination of ttiis Agreement Such temiination shall be under ttie same terms and conditions as Section 12, "Tennination For Convenience." As such, COUNTY sM continue to provide animal control services for one fiscal year endmg ttie Allowing June 30 under ttie temis of ttiis Agreement and ttie last approved Jomt Operating and Financial Plan. CITY shall pay COUNTY for animal control services rendered under the temis ot tills Agreement andthe last approved Joint Operating and Financial Plan tiirough ttie effective date of tiie termination. SECTION 7 RECORD KEEPING 1 COUNTY shall keep separate records for CITY in such fomi and manner as ttie County Auditor & Controller shall specify. COUNTY shall give CITY, at a minimum, monttily reports of mfonnation including impounds, claims, dog licenses sold for altered/unaltered dogs, revenues, requests for services, adop^ons and animals eutiianizedfrom 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, examination and audit by CITY during all business hours. COUNTY shall retain these records for a mimmum of three years. c2 SECTION 8 SPAY/NEUTER PROGRAM 1. COUNTY and CITY shall establish a spay/neuter program for CITY. To finance the spay/neuter program, COUNTY, at tiie 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 tiie Spay/Neuter Surcharge Tmst Fund may be used oniy for encouraging ttie spaying or neutering of pets owned by residents of CITY. COUNTY shall operate a spay/neuter program or contract witii a responsible provider to operate a spay/neuter program for ttie direct benefit of CITY'S residents, COUNTY and tiic CITY, witii recommendations from tiie Ad Hoc Committee, as described in Section 13, shall detennine how tiie portion of Spay/Neuter Tmst Funds contributed by residents of CITY shall be.allocated, SECTION 9 CITY ASSISTANCE 1. In perfonning tiie services pursuant to tiiis Agreement, COUNTY shall have ail the powers of CITY and shall receive all cooperation possible from CFTY, its officers, agents and employees to enable efficient enforcement of such local and stote laws as specified in tiiis Agreement and to effectuate collections called for hereunder. 2. For ttie purpose of perfonning animal control services under ttiis Agreement, COUNTY shall fiimish and supply all necessary personnel, labor, supervision, equipment and supplies necessary to maintain ttie level of service to be rendered hereunder. COUNTY will notify CFTY of any changes in ANIMAL SERVICE'S executive staff. 3. All persons employed in ttie performance of such services and fimctions for CFTY pursuant to ttiis Agreement shall be COUNTY employees. No CITY employees shall perfomi services or fimctions ttiat COUNTY is obligated to provide under this Agreement. All persons employed by COUNTY to perfonn ttie services pursuant to tiiis Agreement shall be entitied solely to tiie rights and privileges given to COUNTY employees and shall not be entitied, as a result of providing services pursuant to tills Agreement, to any additional rights and privileges given to CITY employees. 4. COUNTY is an independent contractor, and no agency relationship, eittier expressed or implied, is created by ttie execution of ttiis Agreement. 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 otiier than tiiat provided for in tiiis 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, tiie provisions of Chapter 6 and 7, Division 2, Titie 6 of tiie San Diego County Code of Regulatory Ordinances and any amendments to such ordinances and tiie COUNTY'S most cunent 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 ofthe acts or omissions of COUNTY in the performance of tills 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 hnposed by tiiis Agreement. CITY shall notify COUNTY promptly of any claim, action or proceeding and cooperate fiilly in the defense. 2. CITY shall defend and indemnify COUNTY, its agents, officers and employees (collectively, "COUNTY") firom any claim, action or proceeding against COUNTY, arising solely out of tiie acts or omissions of CITY in tiie perfonnance of tiiis Agreement. At its sole discretion, COUNTY may participate at its own expense in tiie defense of any such claim, action or proceeding, but such participation shall not relieve CITY of any obligation imposed by ttiis Agreement. COUNTY shall notify CITY promptiy of any claim, action or proceeding and cooperate fully in tiie defense. 3. COUNTY shall defend itself, and CITY shall defend itself, from any claim, action or proceeding arising out ofthe 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 tiieir 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 concurrent acts or omissions of COUNTY and CITY. Wnt defej«e co^^^^^^^^ be selected by mutual agreement of COUNTY and CITY. COUNTY and CFTY shall share the costs of such joint defense and any ^^"^^fi^^^f amounts, except as provided in paragraph 5 below. COUNTY and OTY fiirther 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 ofthe parties. COUNTY and CITY may seek reimbuRement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. SECTION U TERMINATION 1 Notwithstanding anything to the contrary herein contained, this Agreement shall be teraiinated at any time that CITY fails to eni«t or ad^Pj by «fe«nce al,d to maintain in full force and effect, including the amount of fees provided m Ae COUNTY'S most current fee resolution, an ordinance identical to *e provision of Chapter 6 and 7. Division 2, Title 6 ofthe San Diego County Code of Regulatory OidUiances, unless any deviations are specifically agreed to by the Director. This A^-^^sSlalsoLterminated if COUNTY requ^^^^ aid ordinance and such amendments are not made within 90 days ofthis request 1 If COUNTY fails to provide animal control services, as required laider this Agreement and/or in the Joint Operating and Financial Plan. CfTY m^^de writternotification to COUNTY of such failure to provide riven 30 days from the date of receipt of written notification by CfTY « Provide fte i control services. If COUNTY fails to provide such services after 30 (toys ftom^elTof written notification. CITY may terminate this Agreement upon 30 days additional written notice. 3 In tiie evem of temiination under Section 11, CITY shall pay COUNTY on a prorated basis for animal control services rendered consistem witti ttiis Agreement and the Joint Operating and Financial Plan ttirough ttie date of temunation. SECTION 12 TERMINATION FOR CONVENIENCE I CITY acknowledges ttiat in order to provide animal control semces Dursuant'to tiiis Agreement, COUNTY must conduct long range planning for ftmdmg, n"eIt^^^^ a^d staff requirements. Therefore, notwithstanding any ottier secto or provision of tiiis Agreement, eittier party may ternimate ttus Agreement by giving a one-year advance written notice of intention to ternimate. 10 SECTION 13 AD HOC COMMFFTEE I COUNTY shall forni an Ad Hoc Committee consisting of a representative from each of ttie cities to which COUNTY provides animal conUrol services by contract. Each member of ttie Ad Hoc Committee shall have ttie opportunity to provide input regarding animal control services, fiiture fees and fee changes. SECTION 14 FUNDING BY CITY 1 If CITY fails to appropriate fimds for tiiis Agreement, such action shall not be considered a breach of tiiis Agreement Under no circumstances shall CFTY fail to appropriate fimds for ttiis Agreement for tiie purpose of obtaining animal control services from anottier provider or to establish its own animal control services department witiiout providing COUNTY with one year notification as specified in Section 12. SECTION 15 CONTRACT ADMINISTRATION 1 COUNTY designates ttie Director or his/her designated representative to represent COUNTY in all matters pertaining to tiie administration of tiiis Agreement 2. CITY designates its City Manager or designated representative to represent CITY in all matters pertaining to ttiis Agreement on behalf of CITY. 3 Any notice or notices provided for by ttiis 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, CA 92110 4 Any notice or notices provided for by ttiis 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 M- Mnrricnn City of Carlsbad 2560 Orion Wav. Carlsbad CA 920IQ 11 IN WITNESS WHEREOF. CITY, by resolution duly adopted CityCouncil. has apprev^d the execution ofthis Agreement by its City Manager, COUNTY, by iX'onts Board of Supervisors, has approved the exec^ion of th^ contract by the Clerk ofthe Board of Supervisors ofthe County of San Diego, tius _i^day of CITY COUNTY OF SAN DIEGO Director of Animal Services Approved as to form and legality Approved as to fonn and legality County Counsel ttomey^ As^^^"^"^ 12 ATTACHMENT A COUNTY OF SAN DIEGO DEPARTMENT OF ANIMAL SERVICES RESPONSE PRIORITY LEVELS PRIORITY LEVEL LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 RESPONSE GUIDELINES First priority; response objective is within one hour. Officer responds before all lower priority calls. Second Priority; response objective is within 12 hours of receipt. Third Priority; response objective is within 24 hours of receipt Fourth Priority; response objective is within 72 hours of receipt. 13 ^1