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HomeMy WebLinkAbout6g. FY 2025-30 Animal Control Services Agreement Item 6g Department: Police Cost Center: 8001 For Agenda of: 8/19/2025 Placement: Consent Estimated Time: N/A FROM: Rick Scott, Police Chief Prepared By: Melissa Ellsworth, Senior Business Analyst SUBJECT: FY 2025-30 ANIMAL CONTROL SERVICES AGREEMENT RECOMMENDATION Authorize the Mayor to execute a five-year agreement with the County of San Luis Obispo for the continued provision of Animal Care and Control Services for the period of July 1, 2025, to June 30, 2030, in the amount of $389,746 for the first year, with ann ual adjustments thereafter. POLICY CONTEXT The recommended actions are consistent with the City of San Luis Obispo’s Financial Management Manual, Purchasing Policy, pursuant to which any general services contracts exceeding $150,000 require City Council approval. DISCUSSION The City contracts with the County of San Luis Obispo for the provision of Animal Care and Control Services for the following: 1. Shelter Services, including: a. Maintaining an animal shelter where stray, owner surrendered, confiscated, quarantined or impounded pets are received and provided with appropriate care. b. Providing services to allow sheltered animals to be returned, adopted or humanely euthanized. 2. Field Services, including: a. Receiving and responding to public calls for service related to animal management b. Providing necessary medical treatment and emergency care of domestic animals when necessary c. Investigating animal bite reports 3. Provide reporting to the City on a bi-annual basis 4. Participate collaboratively with the City regrading matters impacting the provision of animal care and control services. Page 119 of 350 Item 6g The Police Department administers the contract on behalf of the City. Although the current contract expired on June 30, 2025, the County agreed to continue providing services to each City while further development and adoption of the new contract continued. Department staff received the County’s final draft of the contract on June 16th, 2025. Additionally, the County initiated a change to the term of the contract from three years to five years. The main reason for this change was to reduce staff time related to contract renewals that contain consistent scope and terms. How Costs are Determined The County uses a service-based methodology to determine contract costs for all cities. This methodology is based on Field Service and Licensing. In general, contract costs are calculated by determining the average percentage of service allocated to each city over the preceding three years for each facet of operations and multiplying this percentage against the Animal Services operational budgeted expenses. The average annual revenue generated from licensing fees or fines by each city over the preceding three years is applied against a city’s total service cost. Each city (with the exception of Atascadero) experienced an increase in cost for FY 2025 - 26. Per the County, in addition to using service-based methodology, the following factors also contributed to the increases: 1. Overall inflationary pressures associated with County expenses, including: a. Significant increases in liability insurance costs b. Increased overhead expense assessments c. Moderate cost increases for fleet services (vehicle maintenance and repair, fuel, etc.) d. Increased costs for animal feed and veterinary services. This derives in part from significant increases in the actual cost of veterinary services generally coupled with higher levels of animal intake and shelter populations which results in increased need for those services. 2. New landscaping contract for grounds services, this labor having previously been performed by County Parks employees. 3. Hiring additional shelter personnel to perform duties previously performed by County Jail inmates. As a result of some program changes at the jail, inmates were no longer able to work in the shelter, which resulted in the need to hire personnel. 4. Specific to the City of San Luis Obispo, cost drivers also included: a. Decreased revenue generation (e.g. licensing revenue, service fees for adoptions/impounds, etc.) b. An increased rate of animal intakes over the three-year cost averaging period, coupled with decreased intakes from some other cities, pushes the proportionate share of operational costs higher for San Luis Obispo. Page 120 of 350 Item 6g Below is a chart showing the City’s annual costs since 2022. Costs have increased based on various factors, including what was mentioned above. A significant jump in costs occurred in 2023 due to the shelter hiring additional personnel. Those costs were then distributed among all jurisdictions. City Jurisdiction FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 San Luis Obispo 190,984 240,883 339,026 389,746 Scope of Services The proposed contract provides for the delivery of Animal Care and Control services to the City of San Luis Obispo for five years, through June 30, 2030. Services include (as outlined in Exhibit A of Attachment A), but are not limited to: 1. Sheltering Services - Provide shelter services in accordance with state regulations, local ordinances, and policies governing the humane treatment of animals. 2. Field Services - Receive and respond to public calls for service related to alleged violations of local or state codes pertaining to the care, keeping, treatment, and management of animals. 3. Reporting - Provide to the City bi-annual service activity and financial reports reflecting field services, licensing and shelter operations. 4. Collaboration – Participate collaboratively with the City regarding matters impacting the provision of animal care and control services. a. County will also develop performance benchmarks and communicate those quarterly on topics including cost of services per city, number of full time equivalent positions within Animal Services over time, GIS hea t maps with calls for service over a period of time, average response times, percentage of animals licensed per city, and other data points. Previous Council or Advisory Body Action On November 1, 2022, the City Council approved the Animal Services contract for FY 2022-25. Public Engagement The public will have an opportunity to provide public comment prior to or at the City Council meeting. CONCURRENCE The Director of Finance concurs with the staff recommendation. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to recommended actions in this report, because the actions do not constitute a “Project” under CEQA guidelines Sec 15378. Page 121 of 350 Item 6g FISCAL IMPACT Budgeted: Yes Budget Year: 2025-26 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Cost for FY 25-26 General Fund $389,746 $ $ $389,746 State Federal Fees Other: Total $389,746 $ $ $389,746 The department has available funding in FY 2025-26 for year one of this contact. However, if costs increase for FY 2026-27 and beyond, staff will need to request additional funding through the budget process. ALTERNATIVES The Council could choose not to approve this new contract with County Animal Services. This would restrict the City’s ability to provide these types of services to the community, many of which are required by law and would likely necessitate the City creating and funding its own animal control program. ATTACHMENTS A - FY 2025-30 Agreement with County of San Luis Obispo for Animal Care and Control Services Page 122 of 350 CONTRACT FOR ANIMAL CARE AND CONTROL SERVICES THIS CONTRACT, entered into by and between the County of San Luis Obispo, a public entity in the State of California, (“County”) and, the City of San Luis Obispo, an incorporated city in the State of California, (“City”). RECITALS WHEREAS, County has established the Division of Animal Services to provide animal care and control functions including the enforcement of the ordinances of San Luis Obispo County Code Title 9 and of California state codes pertaining to the care, keeping, and management of animals; and WHEREAS, County through Animal Services, maintains and operates an animal shelter and a humane education program; and WHEREAS, City is desirous of contracting with County for the provision of such services; NOW THEREFORE, in consideration of the covenants, conditions agreements and stipulations set fourth herein, the parties hereby agree that to the following terms and conditions. TERMS AND CONDITIONS 1. Exhibits. The contract consists of the terms and conditions as set forth in the following exhibits: a. Exhibit A – Scope of Services b. Exhibit B – Compensation c. Exhibit C – Duration of Contract d. Exhibit D – General Conditions 2. Notices. Notices required in this contract shall be provided to: COUNTY: CITY: Eric Anderson, DVM Rick Scott Animal Services Manager Chief of Police 865 Oklahoma Ave. 1042 Walnut St. San Luis Obispo, CA 93405 San Luis Obispo, CA 93401 IN WITNESS WHEREOF, County and Contractor have executed this Contract on the day and year set forth below. Page 123 of 350 COUNTY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO By: By: Chairperson of the Board of Supervisors Mayor Date: Date: ATTEST: MATT PONTES Ex-Officio Clerk of the Board of Supervisors By: ___________________________________ _____ Deputy Clerk APPROVED AS TO FORM AND LEGAL EFFECT: JON ANSOLABEHERE County Counsel Deputy County Counsel Dated: August 11, 2025 Page 124 of 350 CONTRACT FOR ANIMAL CARE AND CONTROL SERVICES EXHIBIT A – SCOPTE OF SERVICES 1) County Obligations. The County shall perform the following duties: a) Shelter Services i) Maintain, or cause to be maintained, an animal shelter whereat stray, owner surrendered, confiscated, quarantined and custodially impounded household pets are received and provided with appropriate care, housing, and shelter services in accordance with state regulations, local ordinances, and policies governing the humane treatment of such animals. ii) Provide services allowing sheltered animals to be returned to their owners, adopted into new homes, or to be humanely euthanized. iii) Provide for the receipt and publication of lost and found animal reports. iv) Provide services for the humane euthanasia of household pets and for the disposal of their remains. b) Field Services i) Receive and respond to public calls for service related to alleged violations of local or state codes pertaining to the care, keeping, treatment, and management of animals. ii) Provide for the response to any of the following circumstances 24 hours a day, seven days a week: (1) Domestic animals posing an active and present threat to public safety (2) Domestic animals which are severely injured, sick, or in eminent risk and whose owner is unknown or unavailable. (3) Domestic or wild animals demonstrating signs of possible rabies infection. (4) Calls for assistance from law enforcement or emergency response personnel. (5) Reported animal bites where the animal remains in the area unconfined and whose owner is unknown or unavailable. (6) Loose livestock roaming on roadways or other public areas. iii) Provide for the response to any of the following during Animal Services' normal business hours: (1) Pick-up and impoundment of unlimited numbers of stray confined domestic animals. (2) Pick-up and disposal of unlimited numbers of dead domestic animals from roadways, parks, and other public areas. (3) Pick up and transfer to shelter of owned animals for surrender or euthanasia. Page 125 of 350 (4) Pick up of dead owned animals for disposal. iv) Provide for the necessary medical treatment and emergency care for domestic animals picked up by Animal Services personnel and for those domestic animals presented directly to veterinarians by private citizens and emergency response personnel. v) Provide for the receipt, processing and investigation of animal bite reports as well as the subsequent quarantine of animals in accordance with state codes pertaining to rabies control. vi) In the event that an animal responsible for causing serious bodily injury (as defined by Penal Code 243(f)(4)) or death to a person dies in the custody of, or is euthanized by, Animal Services, County shall preserve the bodily remains of that animal until such time as City has been consulted and approves of their disposal. Nothing in this requirement shall be interpreted to prevent Animal Services from collecting and processing any tissue or body samples required to comply with legally mandated rabies testing requirements or other public health needs. vii) Request assistance from the San Luis Obispo County District Attorney's Office Bureau of Investigations when an animal bite results in significant injury causing death or likely to cause death or in any case Animal Services believes may require significant criminal investigation beyond the experience of Animal Services Officers. viii) Receive and respond to reports of animals, domestic or wild, which are suspected to be rabid or to have been exposed to rabies infection and attempt to affect their capture. Captured animals will be processed in accordance with state codes pertaining to rabies control. ix) Receive and process all applications related to the keeping and sale of household pets; inspect and regulate permitted operations in accordance with local and state codes. x) Provide for the recording, investigation, administrative hearings, and issuance of findings and orders related to animal nuisances, animal seizures or confiscations, and dangerous or vicious animals. Nuisances which remain unresolved following the issuance of an abatement order will be processed to court through the District Attorney’s office. xi) Assist in the preparation and filing of court documents related to the civil and/or criminal prosecution of cases involving violation of municipal codes pertaining to the care, treatment, and keeping of domestic animals. xii) Provide for the preparation, filing and civil or criminal prosecution of cases involving violations of California state codes pertaining to the care, treatment, and keeping of domestic animals. c) Reporting: Provide to the City bi-annual service activity and financial reports reflecting field services, licensing, and shelter operations, programs. Reports will detail this information for both the individual quarter and year-to-date. Page 126 of 350 d) Collaboration: Participate collaboratively with the City regarding matters impacting the provision of animal care and control services. County shall not append or modify the provisions of Title 9 of the San Luis Obispo County Code without having first consulted with the City. 2) City Obligations. The City shall perform the following duties: a) Ordinance Conformity: City shall adopt by reference Title 9 of the San Luis Obispo County Code. i) In the event that City does not desire to incorporate specific provisions of Title 9, those provisions may be individually exempted from adoption. ii) In the event that City desires to incorporate additional provisions related to the care and keeping of animals which are not established by Title 9, those provisions may be added and individually specified within City’s municipal code. Animal Services will not be responsible for enforcing any added provisions which are substantially outside of the Animal Service Division’s normal scope of operations. b) City shall immediately notify the County upon determining that any animal in the custody of Animal Services is believed to have caused serious bodily injury (as defined by Penal Code 243(f)(4)) or death to a person and request that the body of that animal be preserved in the event that it dies or is euthanized while in custody. c) Assistance: Provide such assistance and support to Animal Services personnel as may be reasonably necessary to safely and effectively execute the operations required by this contract within the City limits. d) Collaboration: Participate collaboratively with the County regarding matters impacting the provision of animal care and control services. City shall not append or modify the provisions of its municipal code related to animal care and control without having first consulted with County. 3) Animal Care and Control Coordination Group: The County and City agree that Animal Services is a shared interest of all parties and that all participating jurisdictions will share in the cost and revenue generated based on actual costs and fees generated in each jurisdiction. Further, policy-setting, procedural changes and ordinance development will happen in a collaborative manner, with all participating jurisdictions having input into the best way to conduct these services in San Luis Obispo County. a) To coordinate efforts, the participating jurisdictions, including the City and County agree to meet and confer periodically to discuss current issues as they relate to the fiscal and practical application of this contract, along with other potential items identified by the group. Such meetings shall be coordinated by the County Animal Services Manager from time to time as necessary, but no less than twice yearly. 4) As part of this commitment, the County agrees to develop performance benchmarks and communicate them quarterly to the group on the following: a) Cost of Services/per Capita (by City) overtime. b) Cost of services/per City over time. Page 127 of 350 c) Number of Full-Time Equivalent (FTE) positions within Animal Control over time. d) Number of field FTE within Animal Control over time. e) Geographical Information Service (GIS) heat maps of calls for service over time by City (requested development from County IT Department, maps to be provided when available). f) Average response times for priority calls over time by City. g) Percentage of animals licensed by the City over time. h) Other data points charted out over time that were used to spread out the Animal Shelter costs. Page 128 of 350 CONTRACT FOR ANIMAL CARE AND CONTROL SERVICES EXHIBIT B – COMPENSATION 1) First Year Service Fee: The City agrees to pay to the County the amount of $389,746 for services provided under this Contract during the first year of service. 2) Subsequent Years’ Service Fee: The County shall compute on an annual basis a service fee assessed to the City for services provided under this Contract. 3) Timing of Service Fee: The County shall calculate annual service fees and provide them to the City prior to April 15th of each year, with service fees becoming effective on July 1st of that year. No further action by either party is necessary to implement new fees in subsequent years. 4) Service Fee Methodology: The County shall use a service-based methodology for determining city service fees. The service-based methodology shall be based on three key facets of Animal Services' operations:  Field Service  Licensing a) Determination of Cost of Service - The cost of providing services to the City will be calculated by determining the average percentage of service allocated to the City over the preceding three years for each of the four facets of operations and multiplying this percentage against Animal Services operational budgeted expense for each facet. Combined, this then represents the City's total service cost in proportion to the County and all other contracting parties. b) Credit for Fees - The average annual revenue generated from fees or fines assessed directly to residents of the City by Animal Services over the preceding three years will be applied against the City's total service cost. c) Determination of Service Fee - The fee assessed to the City for provision of services outlined in this contract shall be determined by subtracting the average revenue as determined by item 4b of this exhibit from the average cost of service as determined by item 4a of this exhibit. 5) Billing: County shall bill City for contracted services in quarterly increments. City shall remit payment to the County within thirty (30) days of receipt of billing. 6) Year End Variance – In the event that Animal Services’ net operational costs for any fiscal year are less than projected in the calculation of the service fee methodology (Item 4 of this exhibit), the City’s proportionate share of that savings shall be applied as a credit against the calculated service fee for the subsequent fiscal year. In the event that Animal Services net operational costs for any fiscal year exceed projections in the calculation of the service fee methodology (Item 4 of this exhibit), the City’s proportionate share of the overage shall be added to the calculated service fee for the subsequent fiscal year. Page 129 of 350 Page 130 of 350 CONTRACT FOR ANIMAL CARE AND CONTROL SERVICES EXHIBIT C – DURATION 1) Effective Date: This contract shall be effective July 1, 2025, or fifteen (15) days following of the date of the signature of the County, whichever is later. The County shall be the last to sign this contract. 2) Service Date: City and County acknowledge that the services provided under this contract are a continuation of those established during the preceding contract term and that these services may have been provided continually and without interruption between July 1, 2025, and the date of execution by the County in order to ensure the interest of public service. a) Both City and County expressly and retroactively authorize the provision of these services. b) For the purposes of billing and determination of the First Year Service Fee as provided in Exhibit B, the first year of service will be presumed to have begun on July 1, 2025. 3) Duration: The term of this Contract shall expire June 30, 2030, unless terminated sooner as provided in Exhibit D. Page 131 of 350 CONTRACT FOR ANIMAL CARE AND CONTROL SERVICES EXHIBIT D – GENERAL CONDITIONS 1) Termination: Either party may terminate this contract at any time by giving the other party thirty (30) days written notice of termination. Termination for convenience shall have no effect upon the rights and obligations of the parties arising out of any services provided occurring prior to the effective date of such termination. County shall be paid for all work satisfactorily completed prior to the effective date of termination. In the event that the contract is terminated prior to the conclusion of a quarterly billing cycle, the City shall remit to the County a prorated amount based upon the number of days of service relative to the total number of days in the billing cycle. 2) Indemnification: Nothing in the provisions of this Contract is intended to create duties or obligations to, or rights in third parties not party to this contract or affect the legal liability of either party to contract, by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law. a) It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Contract. It is also understood and agreed that pursuant to Government Code 895.4, County shall defend, indemnify and save harmless the City, all officers, and employees from all claims, suits or actions of every name, kind, and description brought forth or on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by the County under this Contract except as otherwise provided by Statute. b) It is understood and agreed that neither County nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Contract. It is also understood and agreed that pursuant to Government Code Section 895.4, the City shall defend, indemnify and save harmless the County, all officers and employees from all claims, suits or actions of every name, kind and description brought forth on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by City under connection with any work, authority or jurisdiction delegated to the City under this Agreement except as otherwise provided by Statute. 3) Notices: Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other shall be affected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing. COUNTY CITY Page 132 of 350 Eric Anderson, DVM Rick Scott Animal Services Manager Chief of Police 865 Oklahoma Ave. 1042 Walnut St. San Luis Obispo, CA 93405 San Luis Obispo, CA 93401 4) Status of the Parties' Officers/Employees/Agents: Neither party’s officers, employees, agents, partners, other contractors or subcontractors shall be deemed to be employees of the other party at any time. Nothing in this contract shall be construed as creating a civil service employer - employee relationship or a joint venture relationship. No officer, employee, agent, partner, other contractor or subcontractor of the other party shall be eligible for membership in or receive benefits from any plan for hospital, surgical, or medical insurance, or be eligible for membership in any retirement program, paid vacation, paid sick leave, other leave, with or without pay, collective bargaining rights, grievance procedures, appeals to the Civil Service Commission or any other benefits which inures to or accrues to an employee of the other party. The only performance and rights due the other party are those specifically stated in this contract. 5) Governing Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of California. Additionally, this contract has been formed and shall be performed in San Luis Obispo County; the venue for any legal action on the contract shall be in San Luis Obispo County. 6) Entire Agreement: This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without the prior written agreement of the parties. 7) Severability: In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 8) Successors and Assigns: This Contract shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 9) Captions: The captions to the various clauses of this Contract are for information purposes only and shall not alter the substance of the terms and conditions of this Contract. 10) Authorization: Each of the parties represents and warrants to the other that this Contract has been duly authorized by all necessary corporate or governmental action on the part of the representing party and that this Contract is fully binding on such party. 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