HomeMy WebLinkAbout09/02/2003, C6 - ANIMAL SERVICES AGREEMENT ADcouncil Cl 3
aacEnaa nEpont
CITY OF SAN LUIS OBISPO
FROM: Deborah E. Linden, Chief of Police
Prepared By: Joe Hazouri,Administrative Captain
SUBJECT: ANIMAL SERVICES AGREEMENT
CAO RECOMMENDATIONS:
Adopt a resolution authorizing the Mayor to sign a three-year agreement for Animal Control
Services.
DISCUSSION
During fiscal year 2002-03, the City's Animal Control/Spay Neuter Services agreement with the
County of San Luis Obispo was $58,697.10. This was the last year of a.three-year contract. In
January 2003, we received notice of contract service increases for the new three-year contract for
animal services scheduled to begin July 1, 2003. These increases are $11,739.42 (20%) for FY
2003-04, $14,087.30 (20%) for FY 2004-05, and $16904.76 (20%) for FY 2005-06.
These are significant increases over the compensation amounts of past contracts. A series of
meetings were held between staff of the San Luis Obispo Sheriff's Department, Animal
Regulation, this Department and staff of other cities in the County to discuss these increases.
The County provided the City with a copy of a cost analysis they had conducted, comparing
actual costs for services versus payments received from the City during fiscal year 2001/02 for
these services. This analysis showed that the County had assumed a larger portion of the City's
prorated costs. This was due largely to increased personnel costs to the County and changes in
state law, most notably the Hayden Bill, which mandates longer housing periods for dogs, cats
and a number of other animal types that are impounded. This increases kennel costs and thereby
increases the overall operational costs of the program.
Based on the information provided Staff feels that the increases, although significant, are
reasonable. Staff recommends that the City, once again, contract for full animal control services
with the County of San Luis Obispo.
FISCAL IMPACT
Sufficient funds have been budgeted for fiscal years 2003-04 and 2004-05. Funding for fiscal
year 2005-06 is deferred to be included in the next two-year budget process.
ATTACHMENTS
1. Resolution
H:\Joe's Menu\Animal Services\CAR—Animal Services Agreement n 1
Attachment 1
RESOLUTION NO. (200x Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A THREE (3)YEAR AGREEMENT WITH THE
COUNTY OF SAN LUIS OBISPO FOR ANIMAL CONTROL SERVICES
FOR FISCAL YEARS 2003-04,2004-05,AND 2005-06
BE IT RESOLVED by the Council of the City of San Luis Obispo:
SECTION 1. That the agreement with the County of San Luis Obispo for full Animal
Control Services for fiscal years 2003-04, 2004-05, and 2005-06 (Exhibit A) has been reviewed and
is approved.
SECTION 2. That the Mayor is hereby authorized to enter into the agreement on behalf of
the City of San Luis Obispo.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2003
David F. Romero, Mayor
ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
Jona well
City Attorney
G:Wgenda-Ordinances-Resol\Resolution-Animal Services.doc
EXHIBIT A
SAN LUIS OBISPO COUNTY SHERIFF'S DEPARTMENT
ANIMAL SERVICES DIVISION
AGREEMENT FOR ANIMAL SERVICES
This Agreement is made and entered into on July 1,2003,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," and shall be and remain in effect through and including June 30,
2006, unless sooner terminated as herein provided.
WITNESSETH:
THAT WHEREAS, The City is desirous of contracting with the County for performance of the
hereinafter described animal services within its boundaries by the County of San Luis Obispo
through the Division of Animal Services; 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 Services 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 with the County for Animal Services within the City
limits.
NOW,THEREFORE, IT IS AGREED AS FOLLOWS:
Page 1 of 12
C� r 3
EXHIBIT A
DEFINITIONS - Used throughout as follows:
Aggressive means a domestic animal attacking a human (not dog to dog or dog to
livestock) and the human is in immediate danger of being injured.
Household/Domestic Pets/Animals means but is not limited to cats,dogs,canaries,
fish, hamsters, rabbits, turtles, reptiles and other kindred animals usually and
ordinarily kept as household pets.
i Injured Domestic Animal means life-threatening (not an abscess or other non
emergent condition) to the animal requiring intervention by a veterinarian.
Small Wildlife means racoons, possums, foxes and other similar sized wildlife.
Business Hours means hours of operation provided by Animal Services: Monday,
Tuesday, Thursday,Friday from 8:00 a.m. to 5:00 p.m., Wednesday from 8:00 a.m.
to 7:00 p.m., and Saturday from 10:00 a.m. to 4:00 p.m.
COUNTY RESPONSIBILITIES:
Maintain an Animal Services Division -to provide management and supervision
of programs, to.maintain redords and statistics, and enforce Laws and oidiriamces .
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.
Operation Permit Services-to provide permit services to all citizens of the County
regardless of jurisdiction.
Page 2 of 12
EXHIBIT A
Licensing - to provide licensing to all citizens of the County regardless of
jurisdiction.
Humane Education - to provide humane education regarding responsible pet
ownership, advantages of spay/neuter, rabies control information, regardless of
jurisdiction.
Performance Standards-County will provide measurable standards to contracting
City related to licensing,services from the field,outcomes,and category of contacts.
DESCRIPTION OF SERVICES:
1. SHELTER PROVISIONS/ANIMAL DISPOSAL
The availability of a shelter to provide care for stray animals transported by citizens
to the animal shelter from within the City incorporated boundaries. This shall
include the administration necessary for surrender of animals at the shelter,the care
of animals during the five (5) day holding period, and final disposal of animals
through redemption, adoption, or destruction.
a) The receipt of household pets delivered to the shelter
or at- drop-off kennels.
b) Sheltering of household pets received at the shelter in
accordance with state regulations, local ordinances,
and policies governing humane treatment of such
animals.
Page 3 of 12
EXHIBIT A
C) Services for returning impounded animals to their
owners,adoption of or humane destruction of animals
received or brought to the shelter.
2. ANIMAL BITE INVESTIGATIONS/QUARANTINES
The taking of animal bite reports and subsequent investigations and quarantine ofbite
animals. Investigation of all animal bites involving humans and the quarantine of
biting animals pursuant to state regulations and local ordinances. 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 Public Health Department for testing, and
proper disposal of remains when found to be positive. 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.
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
animals. Response to potentially rabid small wildlife and domestic pets when
someone is on the scene. Response to aggressive animals or animals that have bitten
and the owner is not available. Hold animals relative to an arrest or accident.
Emergency services shall be provided 24 hours a day, seven days a week.
Page 4 of 12
EXHIBIT A
Emergency and after hour services for any of the following•
a) Severely injured/sick dogs or cats when legal owner
unknown or unavailable.
b) Hold animals relative to an arrest or accident.
C) Aggressive/vicious domestic animals when legal
owner unknown or unavailable and reporting party is
standing by.
d) Bite dogs/cats when legal owners are unknown or
unavailable and reporting party is standing by.
e) Potentially rabid animals including small wildlife
when reporting party remains on the scene.
5. PICK UP OF UNLIMITED STRAY DOMESTIC ANIMALS FROM ONE
DESIGNATED LOCATION
The pick up of UNLIMITED numbers of stray, domestic animals from one
designated locatioqi within-the contracting City. The City will be responsible for _..
providing food, water, and the cleaning of designated kennels.
6. FIELD PICK UP OF UNLIMITED DOMESTIC ANIMALS
The response to and pick up of UNLIMITED numbers of stray,confined, domestic
animals. The transport and care of impounded animals at the shelter as described
above. Pick up shall include dogs, cats, other domestic animals during business
Page 5 of 12
EXHIBIT A
hours of operation, including domestic animals dead on arrival.
FIELD SERVICES - defined as follows:
Response of an Animal Control Officer during regular business hours to pick up any
of the following within city limits on an UNLIMITED basis:
1) Confined stray domestic animal pick-up
t
. 2) Dead stray domestic 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 veterinarian of owned animal (fee paid by citizen)
7) Respond to the humane care of injured/sick stray domestic animals by
Good Samaritans. Medical treatment and emergency veterinary care
for stray domestic animals presented to.veterinarians by Animal .
Services employees and Good Samaritans.
7. CITIZEN COMPLAINTS
The processing of citizen complaints, response to complaints, maintaining
cumulative records, and action taken on complaints including, but not limited to
barking dogs, leash law violations, animal abandonment, and animal cruelty.
Page 6 of 12
Cts -�
EXHIBIT A .
8. NUISANCE ABATEMENTMEARING & COURT PROCEEDINGS
The recording, filing, investigation, office hearings,issuance of orders to abate,and
processing to court of nuisance abatements through City Attorneys' offices. All
activities involved in the processing of nuisance abatement petitions,investigations,
orders, hearings, including preparation for court proceedings when necessary.
9. FIELD ENFORCEMENT
Processing and performing patrols within a specified area when requested by a citizen
and issuance of citations for violations. The addition of further field enforcement
other than field pick-up as described above,but not limited to: random patrol,patrol
requests, ordinance violation citations, and agency assists.
10. COURT FILINGS & PROCEEDINGS
Filing aggressive, cruelty, or abandonment cases to court with approval of City
Attorneys' office. Collection of incident reports, photographs, etc. Court
appearances and follow up related to these cases.
ANIMAL SERVICES CONTRACT ENFORCEMENT COMMITTEE - There shall be an
Animal Services Contract Enforcement 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 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 of the Highway Patrol,one representative
from Animal Services, and one representative from the County Sheriffs Department. The
Page 7 of 12
C� -9
EXHIBIT A
Committee shall receive staff support from Animal Services.
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.
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 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.
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 fromall claims, suits or
actions of every name,kind and description brought forth 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
Page 8 of 12
EXHIBIT A
under or in connection with any work, authority or jurisdiction delegated to the City under this
Agreement. Itis 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 forth 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 j urisdiction 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"Indemnification" 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 within City's corporate
limits.
TERM AND RENILWAL-:T- his Agreement shall be effective on the l st day of July 2003,and shall`
be subject to termination by either party upon thirty days advance written notice to the other party.
Assuming neither party exercises its right to terminate this Agreement, the Agreement shall
terminate on June 30, 2006.
CITY NOTIFICATION - no later than May 1st 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 st of their agreement to pay for services. Attachment A reflects the annual costs.
CITY RESPONSIBILITY- City agrees to pay to County for County Services under this contract
Page 9 of 12
CID
rs EXHIBIT A
the dollar amount as set forth in Attachment A which is attached to the contract and incorporated by
reference.
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.
County and City acknowledge that in performing its contractual obligation,County costs exceed the
amount it receives pursuant to this contract. Therefore, County and City agree that should the
County be eligible for any future State reimbursement pursuant to SB90/Hayden Legislation, the
t full amount of any reimbursement shall be forwarded and retained by the County.
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 substantial conflict with Chapter of the San Luis Obispo County Code. Changes
and modifications to City codes may be conducted with the County Division of Animal Service's
consultation before,adoption. County Division ofAnimal Services may also make recommendations
to City for changes or modifications to their City ordinance.
BOOKS AND RECORDS County agrees to keep such books and records and in such form and
manger 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 of this agreement
shall be sent by certified or registered mail to the County at:
San Luis Obispo Sheriffs Department
Animal Services Division
P.O. Box 3760
San Luis Obispo, CA 93403-3760
Page 10 of 12
• EXHIBIT A
and to the City at:
City of San Luis Obispo
1042 Walnut Street
San Luis Obispo, CA 93401
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 ATTEST:
By: By:
Mayor City Clerk
COUNTY OF SAN LUIS OBISPO ATTEST:
By: By.
Chairman, Board of Supervisors Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM,JR.
APPROVED AS TO FORM:
By:
Deputy C ty Counsel p LOWEM
0Q City Attomey
Dated:
Page 11 of 12
C � � 13