HomeMy WebLinkAbout2006/08/22 Item 16
COUNCIL AGENDA STATEMENT
Item I'
Meeting Date 8/22/06
ITEM TITLE:
Resolution Approving Agreement with the City of
Lemon Grove for Animal Control Services
SUBMITTED BY:
Director of Gen7rviCes
City Manager Jf
~Yr
v
REVIEWED BY:
( 4/5ths Vote:
No
x )
Chula Vista has provided animal control services to Lemon Grove since 1995. The existing
agreement expired on June 30, 2005 Staff is recommending Council approve a new three-year
Animal Control Agreement with option to extend administratively for two additional years upon
mutual consent.
RECOMMENDATION: That Council adopt resolution.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
The City of Lemon Grove has contracted with the City of Chula Vista for animal control services
since 1995 The agreement for the provision of animal control services between the City of
Lemon Grove and the City of Chula Vista expired June 30, 2005 Staff has successfully reached
agreement on a new three-year agreement with the City of Lemon Grove. The Lemon Grove
City Council approved the agreement on July 18,2006. The three-year agreement includes an
option to extend administratively for two additional years upon mutual consent.
Chula Vista will continue to provide a full range of animal control services to the City of Lemon
Grove. One Animal Control Officer is assigned full time, five days per week for 40 hours to
service the Lemon Grove community Emergency responses after normal business hours will be
paid by Lemon Grove on an overtime basis. The new contract amounts are based on an
established formula that ensures full cost recovery of one Animal Control Officer, support staff
and services to be rendered.
The following is a summary of proposed annual rate increases:
Fiscal Year Animal Control and Monthly
Contract Julv 1 - June 30 Kennel Service Service Charge
Current Rate 2005-06 $149,971 $12,498
Year 1 2006-07 $157,673 $13,139
Year 2 2007 -08 $162,404 $13,534
Year 3 2008-09 $168,088 $14,007
Optional Extensions
Year 4 2008-10 $173,971 $14,988
Year 5 2010-11 $180,060 $15,512
16-1
Page 2, Item I V
Meeting Date 8/22/06
The proposed agreement may also be adjusted annually up to 2% for related increases in the
Animal Care Facility services and supplies budget increases with advance notification.
FISCAL IMPACT: The proposed three-year agreement will result in a positive impact to the
General Fund. The contract recovers all direct costs associated with staffing and services and
supplies required to provide animal control services to Lemon Grove in addition to some indirect
costs. Moreover, the proposed contract includes the actual cost calculations for the adopted
salary increases in the Chula Vista Employees Memorandum of Understanding.
M:\General Services\GS Administration\Council Agenda\ACF\Lemon Grove contract, 8-22-Q6.doc
16-2
RESOLUTION NO 2006-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING
AGREEMENT WITH THE CITY OF LEMON
GROVE FOR ANIMAL CONTROL SERVICES
WHEREAS, Chula Vista has provided animal control services to Lemon Grove since
1995, and,
WHEREAS, the existing animal control services agreement expired on June 30, 2005,
and,
WHEREAS, staff is recommending Council approve a new three-year Animal Control
Services Agreement with option to extend administratively for two additional years upon mutual
consent; and,
WHEREAS, Chula Vista will provide a full range of animal control services; and,
WHEREAS, the City of Lemon Grove will pay the following rates as stipulated in the
new agreement:
Contract Fiscal Year Animal Control and Monthly Service
Julv 1- June 30 Kennel Service Char!!e
Current Rate 2005-06 $149,971 $12,498
Year 1 2006-07 $157,673 $13,139
Year 2 2007-08 $162,404 $13,534
Year 3 2008-09 $168,088 $14,007
Optional Extensions
Year 4 2008-10 $173,971 $14,988
Year 5 2010-11 $180,060 $15,512
WHEREAS, The contract recovers all direct costs associated with staffing and services
and supplies required to provide animal control services to the City of Lemon Grove., and,
WHEREAS, The proposed agreement may also be adjusted annually up to 2% for related
increases in the animal Care Facility services and supplies budget with advance notification by
the City of Chula Vista; and
16-3
NOW, THEREFORE BE IT RESOLVED that the City Council adopts the resolution
amending the FY06 General Services Animal Care Facility budget by deleting the .5 benefited
Veterinarian position and adding a 75 Animal Adoption Counselor position, reclassifying an
Animal Control Officer position to a Senior Animal Control Officer and an Animal Care
Assistant position to Senior Animal Care Assistant
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~'(""\\~,~~
Ann Moore '
City Attorney
16-4
THE ATTACHED AGREHvIENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~l'{\~~~~\
Ann Moore '
City Attorney
Dated: 8/16/06
Two-Party Agreement with the City of Lemon Grove
Providing Full Animal Control Services
16-5
AGREEMENT BETWEEN CITY OF CHULA VISTA AND
CITY OF LEMON GROVE
PROVIDING FULL ANIMAL CONTROL SERVICES
This agreement ("Agreement"), dated Juiy 18, 2006, for the purposes of
reference only, and effective as of the date last executed is between the City of Chula
Vista, ("Chula Vista"), a chartered municipal corporation of the State of California,
whose business address is
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910;
and the City of Lemon Grove ("Lemon Grove"), a municipal corporation of the State of
California, whose business address is
City of Lemon Grove
City Manager, and his/her designee
3232 Main Street
Lemon Grove, CA 91945
This "Agreement" is made with reference to the following facts:
WHEREAS, Chula Vista has an animal care facility and provides a full range of
animal control services to the citizens of Chula Vista; and,
WHEREAS, Lemon Grove desires to enter into an agreement with Chula Vista to
provide animal shelter and control services for the impounding, adoption, redemption,
and disposition of dogs, cats, and other small animals;
NOW, THEREFORE, BE IT RESOLVED, that the City of Chula Vista and the City
of Lemon Grove do mutually agree as follows:
I. SERVICES
1. Chula Vista agrees to provide animal control services to residents of
Lemon Grove in the form of shelter services, full range of animal control
services as expressed herein, and administrative services.
SHELTER SERVICES.
2. Chula Vista agrees to permit Lemon Grove the use of the animal care
facilities owned and operated by Chula Vista for the impounding, adoption,
redemption, and disposition of dogs, cats and other small animals subject
to the provisions of the Lemon Grove Animal Ordinances. The facility is
Animal Control Services Agreement
Page 1
16-6
located in the City of Chula Vista at 130 Beyer Way
3. Chula Vista agrees to provide animal care facility services for the animals
of residents of Lemon Grove durtng normal facility hours, currently
Monday through Friday 10:00 to 5:00 and Saturday 10:00 to 4:00. The
facility will be closed on Sunday and all major holidays. Chula Vista
agrees to notify Lemon Grove of changes to facility hours in advance of
such changes.
4. Chula Vista agrees to accept all stray animals from Lemon Grove
residents at no charge. Lemon Grove residents wishing to relinquish
owned animals to the facility for euthanasia or adoption, or wishing to
redeem animals will be charged appropriate fees in accordance with
Chuls Vista's master fee schedule.
5. Chula Vista agrees to hold all dogs and cats for the minimum holding
period required by the Califomia Food and Agricultural Code and other
applicable state law. As per applicable state code sections, animals with
communicable diseases and severe injuries or illness may be euthanized
prior to the expiration of the normal holding period. Veterinary medical
care will be provided as needed for all impounded animals for the duration
of their hold period as needed. Chula Vista will attempt to notify owners of
identified animals that their animal is in the custody of the Chula Vista
Animal Care Facility and advise them of the holding pertod. Lemon Grove
shall relinquish to Chula Vista for disposition in accordance with all
applicable laws, pOlicies or procedures as deemed appropriate by the
Chula Vista Animal Care Facility Manager all animals held in the animal
care facility and not claimed or adopted. Upon payment of all appropriate
fees, Chula Vista will release to the legal owner, any impounded domestic
animal. Chula Vista will have discretion without recourse to Lemon Grove
to release animals under special circumstances regardless of payment of
fees.
6. Chula Vista will conduct all impound and administrative hearings as
required by law, including Lemon Grove's Municipal Code. Lemon Grove
will provide a hearing officer if Chula Vista is unable to provide one due to
conflicts of interest or prejudice or if the Lemon Grove Municipal Code
specifies the hearing officer will be an official from Lemon Grove.
7. Chula Vista shall not be responsible to any resident of Lemon Grove, or to
the City of Lemon Grove, because of the destruction of any animal
delivered to and accepted by the Animal Care Facility pursuant to this
Agreement, and the City of Lemon Grove agrees to hold harmless the City
of Chula Vista from any claims, except those stemming form Chula Vista's
sole negligence, arising from damage or injury to animals belonging to
Anima' Controf Services Agreement
Page 2
16-7
residents of Lemon Grove and accepted by the Chula Vista Animal Care
Facility.
8. Chula Vista shall maintain its facility in a humane manner and shall keep
its facility in a sanitary condition at all times. All services furnished by
Chula Vista shall be provided in accordance with local laws and the laws
of the State of Califomia. Chula Vista shall use humane methods in the
care, euthanizing, and disposition of any animal coming under its
jurisdiction.
9 Chula Vista will not sell or give any live or dead animal to a medical
research facility at any time or from any jurisdiction.
10. Chula Vista will ensure all dogs, cats and rabbits adopted from the shelter
are spayed or neutered at the time of adoption or a spay/neuter deposit
will be collected in accordance with state law. Additionally, the Chula
Vista Animal Care Facility will provide the public with low-cost spay/neuter
information and assistance.
PATROL SERVICES:
11 Chula Vista agrees to provide a uniformed Animal Control Officer to patrol
Lemon Grove, five (5) days per week, not to exceed 40 hours per week, in
the manner and to the extent that Chula Vista deems appropriate, unless
a specific request is made by Lemon Grove, in which case such request
shall be a priority. All special requests will be responded to pursuant to the
priority system set forth below.
12. Patrol services shall include emergency transportation of injured or sick
animals, the Issuance of citations for violations of state and local laws and
ordinances, impounding of strays, investigation of biting incidents, vicious
or dangerous animals complaints, trapping of animals (except as noted
below), investigating humane complaints, investigating barking dog or
animal noise complaints, picking up dead animals and educating the
public about pet responsibility. Chula Vista may alter the patrol hours to
include Saturdays on a rotating basis as is deemed necessary by both
parties. Lemon Grove will pay for all overtime costs associated with
emergency responses after normal business hours at the full cost
recovery Tate approved by Chula Vista.
13 All requests for service will be handled in a reasonable time and manner
and based on the priority system set forth below (see priority response
chart). Chula Vista will employ staff as needed in emergency situations to
assure reasonable response times. Chula Vista is excused from timely
performance during equipment failures, strikes, labor disputes, personnel
Animal Control SetVlces Agreement
Page 3
16-8
shortages, severe weather, road impediments, disasters and other forces
outside the control of Chula Vista.
ANIMAL CONTROL SERVICES FOR LEMON GROVE:
ChuJa Vista Animal Control Response Levels
Tvee of Service
Dangerous Animal Threatening Human
Possible Rabid/Biter Animal at Large
Major Injury to Animal
Cruelty to Animal
Animal Inside Vehicle
Fighting Animals
Dogs Harassing Livestock
Sick or Minor Injury to Animal
Animal Welfare Investigation
Quarantine Biter Animal
Confined Stay Animal
Field Relinquished Animal
Dog Running at large
Priority Level
In Proaress
1
1
1
1
1
1
1
2
2
3
3
3
3*
Reseonse Guidelines
Level 1
Not in Proaress
3
3
3
3
3
3
3
3
3
N/A
N/A
N/A
4*
First priority, Officer will respond ASAP
Level 2
Second priority, Officer will make every effort to respond
within 12 hours of receipt
Level 3
Third priority, Officer will make every effort to respond
within 24 hours of receipt
Level 4
Fourth priority, Officer will make every effort to respond
within 72 hours of receipt
*During normal business hours an Officer will respond ASAP
Animal Control Services Agreement
Page 4
16-9
14. Livestock will be removed under contract with a separate agency chosen
by the Chula Vista Animal Care Facility. The contracting agency will be
capable of removing livestock and will provide its own equipment and
personnel. Actual trailering, board and other fees related to livestock will
be paid by Lemon Grove.
15. Chula Vista agrees to conduct special enforcement animal control patrols
as needed or as requested by Lemon Grove, provided there are no
conflicts with the City of Chula Vista's needs. This will include special
animal control patrol hours, sweeps and enforcement. All overtime costs
for special enforcement patrols will be paid by Lemon Grove.
16. Chula Vista will provide Animal Control personnel for scheduled special
events as requested, provided there are no conflicts with Chula Vista's
needs. These events will be perfonned on an overtime basis and all
overtime costs for special events will be paid by Lemon Grove.
ADMINISTRATIVE SERVICES:
17. Chula Vista will provide licensing services to Lemon Grove and maintain a
Dog License Data Base System of Lemon Grove's licensed and
delinquent dogs. The cost for Chula Vista to administer a license program
is $4.25 per license. Chula Vista will assist Lemon Grove with the
implementation of a Rabies/Licensing clinic program. In order to provide
these services, Lemon Grove will provide Chula Vista with the following:
. Envelopes with a right-hand window
. Letterhead with the Lemon Grove Logo
. Dog tags subject to Chula Vista approval due to U.S. postal restrictions
on size of tag.
Lemon Grove may discontinue licensing services with the City of Chula
Vista at any time with a written thirty-day notice. Chula Vista will negotiate
alternative licensing programs with Lemon Grove as opportunities and
computer programs become available.
18. Chula Vista will provide a representative to attend any Lemon Grove
meetings that involve animal control issues upon request and with
reasonable notice.
19. A Chula Vista representative will meet and confer in good faith with a
Lemon Grove administrator over operational issues associated with the
administration of this Agreement.
Animal Control Services Agreement
Page 5
16-10
20. Chula Vista will provide monthly reports to Lemon Grove. These reports
will include the number of impounds, redemptions, euthanizations, service
responses, and adoptions.
21. ChuJa Vista shall establish a notification policy for its officers with the
assistance of Lemon Grove officials. The policy shall identify the types of
incidents for which Chula Vista Animal Control will be required to notify
designated Lemon Grove officials. Notification shall include the nature,
circumstances, and status of the incident. Chula Vista will also provide, if
requested, copies of all supporting documents and information involving
the incident. Lemon Grove will provide a list of its designated city officials
to Chula Vista and the recommended methods to contact the designated
individuals.
II. EXCLUDED SERVICES
1 Chula Vista will not trap skunks, opossums or other indigenous small
animals for the purpose of nuisance control. Wildlife will only be handled
for purposes of public safety or for humane reasons. Cats, feral or tame,
will only be trapped when a bite has occurred or to protect the public
health or safety. Only dangerous snakes will be removed from private
property.
2. Dead animals on private property are the responsibility of the property
owner. Sick or injured animals are the responsibility of the animal owner.
Ill. LEMON GROVE RESPONSIBILITY
PAYMENT OF SERVICES'
1 Lemon Grove will pay the actual cost for providing all services provided for
under this Agreement. Actual Cost means all customary charges
including, without limitation, labor, overtime, benefits, paid time off,
administrative costs, indirect overhead charges, supply and food costs,
and clerical support.
2. Chula Vista will credit Lemon Grove's account for Redemption Fees
collected under this Agreement.
3. Lemon Grove agrees to proVide Chula Vista with a 4WD (four-wheel drive)
animal control vehicle that is white in color and is substantially similar to
Chula Vista's existing animal control fleet. Vehicle replacement,
maintenance, fuel, and oil are the responsibility of Lemon Grove. The
vehicle will be maintained at the same level of service as Chula Vista
vehicles. Any variances of this maintenance schedule will be approved in
advance by the Chula Vista Fleet Manager. If Lemon Grove and Chula
Animal Control SeNices Agreement
Page 6
16-11
Vista agree to extend or not extend services beyond this Agreement, the
animal control vehicle remains the property of Lemon Grove. The vehicle
will be identified with appropriate lettering spelling out "Lemon Grove
Animal Control" and an appropriate Lemon Grove city seal will be placed
on the left and right doors and the Chula Vista Animal Control phone
number clearly displayed.
4. Chula Vista will automatically adjust the actual cost calculations for future
salary and benefits increases and adjust Lemon Grove payments
accordingly. Adopted salary increases in the Chula Vista Employees
Memorandum of Understanding of 3%, 3%, 4%, 4%, 4% are included in
the proposed contract amounts. The contract may also be adjusted
annually up to 2% of the total services and supplies and operating capital
budget. Overtime costs will be fully reimbursed by Lemon Grove. Chula
Vista will notify Lemon Grove by April 30th of each fiscal year of any
proposed contract adjustments.
5. Commencing on the date of the execution of this Agreement, and
extending through June 30, 2008, Lemon Grove agrees to pay to Chula
Vista the following Agreement amounts for the services and facilities
provided in this Agreement:
Fiscal Year Animal Control and Monthly Service
Contract Julv 1 -.June 30 Kennel Service Charae
Current Rate 2005-06 $149,971 $12498
Year 1 2006-07 $157,673 $13,139
Year 2 2007-08 $162,404 $13,534
Year 3 2008-09 $168,088 $14,007
Optional
Extensions
Year 4 2008-10 $173,971 $14988
Year 5 2010-11 $180,060 $15,512
6. Upon mutual agreement Chula Vista and Lemon Grove may extend the
contract administratively for two additional years. The optional extensions
may be adjusted for unanticipated costs not reflected in this Agreement.
7 Chula Vista shall, on the first day of each month, credit Lemon Grove with
the amount of monies received during the previous month from Lemon
Grove residents as fees for the redemption of animals ("Redemption
Fees") owned by Lemon Grove residents. The Chula Vista Finance Office
shall submit the billing to Lemon Grove on or before the 10th day of the
month following the billing period and that amount shall be due and
payable within thirty (30) days of the invoice date. A penalty of ten percent
(10%) will be assessed on late payments. Additionally, a one and one half
(1% %) finance charge per month will be assessed on the original
Animal Control Services Agreement
Page 7
16-12
delinquent amount.
8. Should Chula Vista terminate or default on this Agreement prior to an
installment payment being due, Lemon Grove shall not be required to pay
the outstanding installment. However, Lemon Grove shall not be entitled
to a refund of any installment made for the prior year
SUPPORT SERVICES:
1 . Lemon Grove will provide Chula Vista with a current listing of all animal
licenses issued, including permits or licenses for dogs, cats, dangerous
dogs or animals, exotic animals, kennels, pet shops, ranches or farms,
dog shows, obedience trials and circuses.
2. Lemon Grove will notify Chula Vista at least 72 hours in advance of any
animal-related issues, which are anticipated to be scheduled on an
agenda for the City Council or any legislative or administrative body of
Lemon Grove when Chula Vista employees will be required to appear.
3 Lemon Grove agrees to provide all police services necessary to carry out
its duties including police backup upon request of a Chula Vista Animal
Control Officer.
4. Chula Vista Animal Control Officers are employees of the General
Services Department of the City of Chula Vista and are required to carry
tasers while on duty in their animal control uniform. Lemon Grove agrees
to permit Chula Vista Animal Control Officers to use tasers within the City
of Lemon Grove while on duty in their animal control uniform. Chula Vista
Animal Control Officers also carry tranquilizer guns and equipment In their
vehicles. Lemon Grove agrees to permit Chula Vista Animal Control
Officers to use this equipment while on duty in their animal control
uniform.
5. Lemon Grove agrees to adopt and/or follow the fee schedule established
by Chula Vista. Both parties agree to meet and confer in good faith with
Chula Vista's Animal Care Facility Administrator regarding operational
matters upon request.
6 Lemon Grove will provide legal representation in cases of public nuisance,
dangerous and potentially dangerous animal cases, and for lawsuits,
claims, or litigation pertaining to these cases.
7. Chula Vista shall indemnify and hold the City of Lemon Grove, its elected
officials, employees, officers, agents and representatives harmless for any
liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or
Animal Control Services Agreement
Page 8
16-13
claimed to be caused by the acts or omissions of the City of Chula Vista,
or its employees, agents, and officers, arising out of any services
performed under this Agreement. Chula Vista's duty to defend and
indemnify shall not extend to any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City of Lemon Grove, its
agents, officers or employees. This duty to defend and hold harmless
shall survive the termination of this Agreement.
8. Chula Vista hereby agrees to defend itself and the Lemon Grove hereby
'agrees to defend itself, from any claim, action or proceeding arising out of
the concurrent acts or omissions of Chula Vista and Lemon Grove. In such
cases, Chula Vista and Lemon Grove agree to retain their own legal
counsel, bear their own defense costs, and waive their right to seek
reimbursement of such costs, except as provided in subsection within this
Agreement.
9 When requested by Lemon Grove, Chula Vista shall make available its
employees and/or other percipient witnesses under its control, for any
challenge stemming frcm the services provided herein (including but not
limited to Municipal Code citations) as needed to testify in a court of law,
administrative or other proceeding. This duty shall survive the termination
of this Agreement. Chula Vista shall perform this duty at no additional
cost, provided such duties are performed during regular work hours. When
such duties occur outside regular work hours, the additional hours shall be
compensated at one and one-half (1-1/2) times the employee's regular
rate of pay.
IV. TERMS AND CANCELLATION RIGHTS
TERM: This Agreement shall become effective as of the last date executed
(Effective Date). The initial term of the agreement shall run for a period of three
(3) years from the effective date. The Agreement may be extended for an
additional two (2) year period with the written consent of both parties.
V TERMINATION OF AGREEMENT FOR CONVENIENCE
Either party may terminate this Agreement at any time and for any reason, by
giving specific written notice of such termination and specifying the effective date
thereof, at least ninety (90) days before the effective date of such termination. If
the Agreement is terminated by Lemon Grove as provided for in this paragraph,
Chula Vista shall .be entitled to receive just and equitable compensation for all
services performed prior to the effective date of such termination.
Animal Control Services Agreement
Page 9
16-14
VI. TERMINATION OF AGREEMENT FOR CAUSE.
If, through any cause, either party shall substantially fail to fulfill in a timely and
proper manner any obligation under this Agreement, or violate any of its
covenants, agreements or conditions, the parties shall have the right to terminate
this Agreement by giving written notification of such termination and specifying
the effective date thereof at least five (5) days before termination. If the
Agreement is terminated by Lemon Grove as provided for in this paragraph,
Chula Vista shall be entitled to receive just and equitable compensation for all
services performed prior to the effective date of such termination.
VII. NOTICES AND DESIGNATION OF ADMINISTRATOR
1. All notices and demands shall be given in writing by personal delivery or
first-class mail, postage prepaid. Notices shall be addressed to the
Administrator, or hislher designee, designated below for the respective
party.
If the Administrator, designee or address of either party changes, notice of
the change shall be sent to the other party. After the receipt of the notice
of change, all future notices or demands shall be sent as required by the
notice of change.
2. The following, including their respective addresses, are hereby designated
as Administrators for the purposes of this Agreement only:
City of Chula Vista:
Director of General Services, andlor hislher designee
276 Fourth Avenue
Chula Vista, CA 91910
City of Lemon Grove
City Manager, and his/her designee
3232 Main Street
Lemon Grove, CA 91945
VIII. WAIVER
The waiver by one party of the performance of any covenant, condition or
promise shall not invalidate this Agreement, nor shall it be considered a waiver
by him or her of any other covenant, condition, or promise. The waiver by either
or both parties of the time for performing any act shall not constitute a waiver of
the time for performing any other act or an identical act required to be performed
at a Jater time. The exercise of any remedy prOVided in this Agreement shall not
be a waiver of any other remedy provided by law, and any provision of this
Agreement for any remedy shall not exclude any other remedies provided by law
Animal Control Services Agreement
Page 10
16-15
unless they are expressly excluded herein.
VI. CONSTRUCTION
1 . Entire Agreement. This Agreement supersedes any prior agreement and
contains the entire agreement of the parties on the matters covered. No
other agreement, statement, or promise made by any party or by any
employee, officer or agent of any party that is not in writing and signed by
all parties shall be binding.
2. Amendment. This Agreement may only be amended by the written
consent of all the parties at the time of such amendment.
3. Governing Law This Agreement has been executed in and shall be
governed by the laws of the State of California.
4. Invalidity. If any term, covenant, condition or provision of this Agreement
is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of the prOVisions of this Agreement shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
5. Interpretation of Agreement. This Agreement shall be construed as a
whole and in accordance with its fair meaning. Captions and organizations
are for convenience and shall not be used in construing meaning.
6 No Strict Construction. This Agreement shall not be strictly construed
against any party to this Agreement.
7. Authority Individuals signing this Agreement have full right and authority
to bind their respective Parties to this Agreement.
B. Best Efforts and Cooperation. The parties promise to use their best efforts
to satisfy all conditions to this Agreement and to take all further steps and
execute all further documents reasonably necessary to put this Agreement
into effect.
9. Unless otherwise stated in this Agreement, all persons employed in the
performance of services and functions for Lemon Grove under this
Agreement shall be Chula Vista employees. No Lemon Grove employee
shall perform services or functions that Chula Vista is obligated to provide
under this Agreement. All persons employed by Chula Vista to perform the
services pursuant to this Agreement shall be entitled solely to the rights
and privileges given to Chula Vista employees and shall not be entitled, as
a result of providing services pursuant to this Agreement, to any additional
rights and privileges given to Lemon Grove employees. Lemon Grove
Animal Conlrol SeNices Agreement
Page 11
16-16
shall not be liable for the direct payment of any salaries, wages, or the
compensation Chula Vista personnel performing services pursuant to this
Agreement, or any liability other than that provided for in this Agreement.
Unless specified otherwise, Lemon Grove shall not be liable for
compensation or indemnity to any Chula Vista employee for injury or
sickness or any other claims arising out of his or her employment. Chula
Vista is an independent contractor, and no agency relationship, either
expressed or implied, is created by the execution of this Agreement.
Next page is signature page
Anhnai Control Services Agreement
Page 12
16-17
SIGNATURE PAGE TO
AGREEMENT BETWEEN CITY OF CHULA VISTA AND
CITY OF LEMON GROVE
PROVIDING FULL ANIMAL CONTROL SERVICES
CITY OF CHULA VISTA
Date:
Approved as to form:
Ann Moore
City Attorney
Stephen A. Padilla
Mayor
Attest
Susan Bigelow
City Clerk
CITY OF LEMON GROVE
Date:
Approved as to form:
~
G\.--
Graham Mitchell
City Manager
s P. !:ough
Attorney
Attest:
.
c:::: ~ /-~_.....
~'I...-~ \._ --;ct...'-,.<...............-
Susan Garcia
City Clerk
Animal Control Services Agreement
Page 13
16-18