HomeMy WebLinkAbout09/05/1995, C-4 - 1995-97 ANIMAL SERVICES PROGRAM AGREEMENT MEETINGDATE:
���� i��IIIIIIII��n ll�lll city of San LUIS OBISp0 Sept. 5, 1995
WMilms COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: James M. Gardiner, Chief of Police 1"'
PREPARED BY: Cliff ChelAdministrativest, Administrative Captar
no/
SUBJECT: 1995-97 Animal Services Program Agreement
CAO RECONEMU*4DATTON:
Adopt resolution authorizing the Mayor to sign the 1995-96 Fiscal Year agreement for Animal
Control Services.
DISCUSSION:
As part of the cost reduction process prior to the 1993-94 Fiscal Year, the City entered into
an agreement with the County of San Luis Obispo for Animal Control Services at Level B,
which was a reduction from the full service contract we had chosen in prior years. It soon
became apparent that this level of service was unacceptable to the community and resulted in
increased Police Officer response time to complaints. When Proposition 172 funds became
available, a portion was used to return to the full service contract which was identified as
Level D at a cost of $45,000.00.
Staff recommends that the City contract for the Level D package which will maintain current
levels of service. The Level D package includes all services as defined in Levels A, B, and C
plus investigation of complaints, nuisance abatement proceedings and enforcement patrols.
FISCAL IMPACTS:
Funds were approved for the Level D package during the budget process in the amount of
$45,000.00 per year. Depending on County action, the City could face the possibility of some
increase in cost for FY 1996-97.
ALTERNATIVES:
Choose Level A package for $22,000.00 - Basic Service only.
Choose Level B package for $24,000.00 - Basic, Emergency Services.
Choose Level C package for $38,000.00 - Basic, Emergency Services and Animal Pick-up.
AWACE VTENTS:
1. Resolution
2. Agreement for Animal Control Services
RESOLUTION NO. (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO
FOR ANIMAL REGULATION SERVICES FOR FISCAL YEAR 1995-96
Be is resolved by the Council of the City of San Luis Obispo as follows:
Section 1. That the agreement with the County of San Luis Obispo for Animal Regulation
services for Fiscal Year 1995-96 (Exhibit A) has been reviewed and is approved.
Section 2. That the City of San Luis Obispo elects for Service Level "D" for the Fiscal
Year 1995-96.
Section 3. That the Mayor is hereby authorized to sign the agreement.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of , 1995.
Mayor Allen K. Settle
ATTEST:
Diane R. Gladwell, City Clerk
APPROVED AS TO FORM:
eqVd-,rrgVZn, Loy Attorney
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EXHIBIT A
AGREEMENT FOR
ANIMAL CONTROL SERVICES
This Agreement is made and entered into this 1st day of July, 1995, by
and between the County of San Luis Obispo, hereinafter referred to as
"County" , and the City of San Luis Obispo, hereinafter referred to as
"City" .
WITNESSETH:
THAT .WHEREAS, The City is desirous of contracting with the County for
performance of the hereinafter described animal control services
within its boundaries by the County of San Luis Obispo through the
Division of Animal Regulation; and
WHEREAS, the County is agreeable to providing such services in
accordance with the provisions of the San Luis Obispo County Code
Title 9 which provides for the licensing of dogs, the establishment of
a public pound, and for the collection and care of stray, diseased and
vicious animals; and
WHEREAS, the County of San Luis Obispo has established Animal
Regulation to enforce the ordinances of the County Code Title 9 within
the unincorporated areas of the County; and
WHEREAS, the City is desirous of contracting for said Animal Control
Service .
NOW, THEREFORE, IT IS AGREED AS FOLLOWS :
DEFINITIONS - Used throughout as follows :
Household/Domestic Pets or Small Animals means but is not limited
to cats, dogs, canaries, fish, hamsters, rabbits, turtles, and
reptiles and other kindred animals usually and ordinarily kept as
household pets.
Livestock or Large Animals means horses, ponies, mules, cattle,
goats, swine and all other domestic or domesticated animals other
than household pets .
Small Wildlife means racoons, possums, foxes and other similar
sized wildlife.
SERVICE PACKAGE OPTIONS:
BASIC SERVICES - are defined as follows :
1) The receipt of household pets at the shelter or at drop off
kennels .
2) Sheltering of all household pets received at the shelter in
accordance with state regulations, local ordinances, and
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policies governing humane treatment of such animals .
3) Services for returning impounded animals to their owners,
adoption of or humane destruction of animals received or
brought to the shelter.
4) Investigation of all animal bites involving humans and the
quarantine of biting animals pursuant to state regulations and
local ordinances .
5) Investigations of exposures to rabid animals or suspect rabid
animals at large and the quarantine or destruction of animals
which were in contact with rabid animals .
EMERGENCY SERVICES - defined as follows :
Emergency and after hour services for any of the following:
1) Injured/Sick dogs or . cats when legal owner unknown or
unavailable .
2) Arrest hold animals .
3) Aggressive/Vicious dogs when legal owner unknown or unavailable
and reporting party is standing by.
4) Bite dogs/cats when legal owner is unknown or unavailable and
reporting party is standing by.
FIELD SERVICES - defined as follows :
Response of an Animal Regulation Officer during regular business
hours to pick up any of the following within city limits on an
unlimited basis:
1) Confined Stray Animal Pick Up
2) Dead Stray Animal Pick Up
3) Owned Animal Pick Up (fee paid by citizen)
4) Owned Dead Animal Pick Up (fee paid by citizen)
5) Euthanasia of Owned Animals (fee paid by citizen)
6) Transportation to Veterinarians of Owned Animal (fee paid by
citizen)
ADDITIONAL FULL SERVICES - Defined as follows :
CITIZEN COMPLAINTS : The fielding of and response to complaints
from citizens including, but not limited to: barking dogs, leash
law violations, and animal cruelty.
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NUISANCE ABATEMENT: All activities involved in the processing of
nuisance abatement petitions, investigations, orders, including
preparation for court proceedings when necessary.
FIELD ENFORCEMENT: The addition of further field enforcement other
than field pick up as described in "FIELD SERVICES" above, but not
limited to: random patrol, patrol requests, ordinance violation
citation and agency assists .
SERVICES TO BE PROVIDED BY COUNTY:
Maintain an Animal Regulation Division - to provide management and
supervision of the program, to keep records and statistics, and
enforce licensing, as established in policy and approved by the
Animal Control Advisory Committee as defined hereafter.
Animal Shelter - maintain, or cause to maintain an Animal Shelter
to provide for the care, housing and disposal of animals impounded
within the city or County or delivered by city or County residents .
Specific Agreements - to provide pursuant to specific package
contracts with each city.
Operation Permit Services - to provide Permit Services to all
citizens of the County regardless of jurisdiction.
Licensing - to provide Licensing to all citizens of County
regardless of jurisdiction.
ANIMAL REGULATION ADVISORY COMMITTEE - There shall be an Animal
Regulation Advisory Committee whose responsibility it will be to
review and recommend on all matters of Division policy regarding
overall program administration, level and quality of service, budget,
and ordinance development and amendments . This Advisory Committee
shall be made up of : one representative from each City contracting
with the County, one representative from the County' s Veterinarians'
Association, one representative from an animal welfare society, one
representative from the County Health Department, one representative
of the Highway Patrol, one representative from Animal Regulation, one
representative of the County Administrative Office, one representative
from the Health Department Public Information Office, one
representative from the smaller humane groups collectively, and one
representative from the County Sheriff' s Department. The Committee
shall receive staff support from Animal Regulation.
COOPERATION - To facilitate the performance of the foregoing
functions, it is hereby agreed that the County shall have the full
cooperation and assistance from the City, its officers, agents, and
employees .
EMPLOYEE COMPENSATION AND LIABILITY - City shall not be called upon to
assume any liability for the direct payment of any salaries, wages, or
other compensation to any County personnel performing services
hereunder, or any liability other than that provided in the Agreement .
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The City shall not be liable for compensation or indemnity to any
County employee for injury or sickness arising out of his/her
employment .
INDEMNIFICATION - Nothing in the provisions of the Agreement is
intended to create duties or obligations to or rights in third parties
not parties 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.
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 Agreement . 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
for or on account of injuries to or death of any person or damage to
property resulting from 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 Agreement except as otherwise
provided by Statute.
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 Agreement . It is also understood and agreed that
pursuant to Government Code Section 895 .4 , 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 for on account of injuries to 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 .
EMPLOYEE STATUS - All persons employed in the performance of the
services and functions specified in paragraph 2 of this Agreement
shall be County employees; no present City employee shall become a
County employee by reason of this Agreement; and no person employed
hereunder shall have any City pension, Civil Service, or any similar
status or right . For this Agreement, and for the sole purpose of
giving legal status to the performance of the duties and
responsibilities herein, every County officer and the employee engaged
in their performance of any service hereunder shall, where necessary,
be deemed an officer or employee of City while performing the services
for City.
PROSECUTION - It shall be the duty of the City Attorney, exercising
the discretion vested in his office, to prosecute violations of the
City Animal Ordinance, and take appropriate legal action with respect
to the abatement of any public nuisance involving animals occurring
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within City' s corporate limits.
TERM AND RENEWAL - This Agreement shall be effective on the 1st day of
July, 1995, and shall terminate on the 30th day of June, 1997 . All
fees, charges, and payments required by this agreement may be adjusted
July 1st, 1996, of the two year duration of the contract. This
adjustment shall be for any increase in County' s cost of providing
services or from changes required from revisions pending to Title 9 .
The Division appropriation budget shall be used to determine
percentage of increase . This percentage shall not exceed five (5)
percent for any one year of the contract period except for changes to
ordinance through adoption of revisions to Title 9 . This contract is
subject to cancellation by either party by notification in writing of
the desire to terminate contract . Notification shall be required
thirty (30) days in advance of the termination date.
CITY NOTIFICATION - no later than May 1 of each year, each city shall
be notified of proposed changes to current service level charges . The
city shall notify the County no later than July 1 of their agreement
to pay for basic services and other services in each subsection.
Actual Costs - Participants shall pay a set fee in accordance with
paragraph 10 hereof: Attachment A reflects the annual cost .
COUNTY BILLING - County shall bill city quarterly for their contracted
services . Billing shall be submitted at the end of each quarter.
City shall remit payment within thirty days of receipt of billing.
MODIFICATION - This contract constitutes the entire understanding of
the parties hereto and no changes, amendments or alterations shall be
effective unless in writing and signed by both parties .
ORDINANCE CONFORMITY - City agrees to adopt animal control ordinances
which conform to and are not in conflict with Chapter 9 of the San
Luis Obispo County Code . Changes and modifications to City codes may
be conducted with the County Division of Animal Regulation' s
consultation before adoption. County Division of Animal Regulation
may also make recommendations to City for changes or modifications to
their City ordinance.
BOORS AND RECORDS - County agrees to keep such books and records and
in such form and manner as County Auditor-Controller shall specify.
Said books shall be open for examination by City at all reasonable
times .
NOTICES - Any notice required to be given pursuant to the terms and
provisions hereof shall be in writing and shall be sent by certified
or registered mail to the County at :
Animal Regulation
P.O. Box 3760
San Luis Obispo, CA 93403-3760
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and to the City at : City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
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IN WITNESS THEREOF, City of San Luis Obispo resolution duly adopted by
its City Council causes this Agreement to be signed by its mayor and
attested by its clerk, and County of San Luis Obispo by order of the
Board of Supervisors causes these presents to be subscribed by
Chairman of said Board and seal of said Board to be •affixed hereto
attested by clerk of said:
CITY OF SAN LUIS OBISPO
By:
Mayor Allen K. Settle
ATTEST:
By:
City Clerk Diane R. Gladwell
COUNTY OF SAN LUIS OBISPO
By:
Chairman, Board of Supervisors
ATTEST:
By:
Board of Supervisors
APPROVED AS TO FORM:
By:
County Counsel
/Jefy Date:
Cnv Attomey
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SAN LUIS OBISPO COUNTY
DEPARTMENT OF ANIMAL REGULATION
AGREEME_NTT FOR .ANIMAL CONTROL SERVICES
ATTACH2,11M "A"
(Actual Cost')
Package "A" Package "B" Package "C" Package nDn
San Luis Obispo 22, 000 24,.000 38, 000 45., 000
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1995-96 Proposed City Contract Packages
PACKAGE "All
BASIC SERVICES
(Necessary to comply with State mandated codes)
1. SHELTER PROVISIONS/ANIMAL DISPOSAL
The availability of a shelter to provide care for unlimited stray
animals transported by citizens from the city incorporated
boundaries . This shall include the administration necessary for
surrender of animals at the shelter, the care of animals during the
72 hour hold period, and final disposal of animals through
redemption, adoption, or destruction.
2 . ANIMAL BITE INVESTIGATIONS/QUARANTINES
The taking of animal bite reports and subsequent quarantine of bite
animals per California State Codes . The keeping of such records
and reporting of information to the State Department of Health
Services .
3 . RABIES CONTROL/SUSPECT RABID ANIMAL HANDLING/TESTING
The response to and attempted capture of suspect rabid wildlife and
domestic animals . The destruction of such animals, proper
laboratory preparation for rabies testing, transport of tissue to
the County Health Department for testing, and proper disposal of
remains when found to be positive.
PACKAGE "B"
BASIC SERVICES ( 'A' ) PLUS
EMERGENCY SERVICES
The addition of EMERGENCY SERVICES to the basic services described above
in package "A" .
4. EMERGENCY SERVICES
The response to and attempted capture of injured domestic animals,
transport of and medical aid to animals when needed for
stabilization and subsequent sheltering of animal as per provisions
stated in basic services . Emergency services shall be provided 24
hours a day, seven days a week.
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PACKAGE "C"
BASIC SERVICES ( 'A' ) PLUS
EMERGENCY SERVICES ( 'B' ) PLUS
FIELD PICK UP OF ANIMALS (IE. , DOG, CAT, OTHER, DOA)
The addition of UNLIMITED ANIMAL PICK UP to the services provided in
packages "A" and "B" above .
S . FIELD PICK UP OF ANIMALS
The response to and pick up of UNLIMITED stray, confined animals .
The transport to and care of impounded animals per sheltering in
the basic service described above . Pick up shall include dogs,
cats, other/wildlife during normal hours of operation as well as
DOA' s .
PACKAGE "D"
BASIC SERVICES ( 'A' ) PLUS
EMERGENCY SERVICES ( 'B' ) PLUS
STRAY FIELD PICK UP ( ' C' ) PLUS
CITIZEN COMPLAINTS (BARKING, LEASH LAW, CRUELTY)
NUISANCE ABATEMENT/COURT PROCEEDINGS
FIELD ENFORCEMENT (PATROL REQUESTS, CITATIONS)
This package shall provide for ALL animal regulation services performed
for contracting cities .
6. CITIZEN COMPLAINTS
The processing of citizen complaints and response to their
complaints . Maintaining cumulative records and action take on
complaints .
7 . NUISANCE ABATEMENT/COURT PROCEEDINGS
The recording, filing, investigation, office hearing, issuance of
orders to abate, and processing to court of nuisance abatements .
8 . FIELD ENFORCEMENT
Processing and performing patrols within a specified area when
requested by a citizen and issuance of citations for violations .
Contract fees shall cover UNLIMITED response by Animal Regulation in the
performance of services included within the contract package . Cities
shall be billed for the contract fees on a quarterly basis .
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