HomeMy WebLinkAbout07-16-2013 c1 county of slo animial care & control
FROM: Steve Gesell, Chief of Police
SUBJECT: FY 2013-16 ANIMAL CARE AND CONTROL SERVICES CONTRACT
WITH THE COUNTY OF SAN LUIS OBISPO
RECOMMENDATION
1. Approve a three-year contract with the County of San Luis Obispo for the continued
provision of Animal Care and Control Services from July 1, 2013 to June 30, 2016 in the
amount of $113,188 for the first year, with annual adjustments thereafter.
2. Authorize the Mayor to execute the contract.
DISCUSSION
Background
For many years, the City has contracted with the County of San Luis Obispo for the provision of
Animal Care and Control Services. Services provided include: emergency and non-emergency
response of Animal Services Officers for injured and stray animals; investigative services for
animal bites, abuse, and neglect; sheltering and quarantine services; dog licensing; animal
adoption and other services as required either by State law or City Municipal Code. The Police
Department administers the contract on behalf of the City.
The last three-year contract with the County expired on June 30, 2013. In May 2013, a meeting
was held with the County and Police Chiefs from various contract cities to discuss proposed
revisions to the contract. Concurrence was obtained on the proposed changes; which included the
following
FY 2010-13 Contract Changes for FY 2013-16
Quarterly service activity and
financial reporting (provided by the
County)
Semi-annual reporting. Change
proposed to facilitate provision of
reports at contract group meetings.
Reports can always be available upon
request.
Contract group meetings held in
January, May, September.
Meetings as deemed necessary, but no
less than once annually. Current plan
would be semi-annually (January and
August/September timeframe).
Service fee in second and third years
of contract automatically increased
over previous years in proportion to
the regional CPI.
Cost of service calculated annually.
Service fee would increase or
decrease annually in proportion to the
actual change in cost of service.
Cities or County may require Unnecessary as revisions establish
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calculation of actual service cost by
providing written notice upon the
other party. Appropriate adjustments
to be made at beginning of next fiscal
year.
that these calculations will be
performed on an annual basis.
“Catch up” adjustment to service fee
may be required if CPI rate varies
from increase or decrease in actual
service cost.
Annual cost of service calculation
eliminates “catch up” adjustments.
Service fees to be provided to cities
May 1.
Service fees to be provided to cities
by April 15.
Service Fee Calculation
This process adjusts contract costs in subsequent years based on each city’s actual use of services
and revenue generated. This method will be based on four key facets of Animal Services’
operations: field service, licensing, shelter operations, and education services.
This method provides a more direct and measurable relationship between the actual amount of
service being provided to a city, combined with the actual revenue generated by a city through
animal licenses and other fees, and the costs charged to the city for that service. Cities that have a
lower rate of service and/or generate more off-setting revenue pay lower contract fees than cities
with higher usage rates.
Scope of Services
The proposed contract provides for the provision of Animal Care and Control services to the City
for three years, through June 30, 2016. Services include (outlined in Exhibit A of attachment),
but are not limited to:
County Obligations
• Sheltering Services – Provide shelter services in accordance with state regulations, local
ordinances, and policies governing the humane treatment of animals.
• 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.
• Reporting – Provide to the City bi-annual service activity and financial reports reflecting
field services, licensing, shelter operations, and humane education programs.
City Obligations
• Ordinance Conformity – Adopt animal control ordinances in substantial conformity with,
and ensuring no conflicts with or significant variation from, Chapter 9 of the San Luis
Obispo County Code.
• Prosecution of Municipal Code Violations – Through the City Attorney, provide for all
preparation, filing and civil or criminal prosecution of cases involving violation of
municipal codes pertaining to the care, treatment, and keeping of animals.
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• 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.
Animal Care and Control Coordination Group
• The County and City agree to meet and confer periodically, along with other parties
contracting for like services to discuss current issues as they relate to the fiscal and
practical application of the contract.
CONCURRENCES
The Director of Finance and Information Technology concurs with the staff recommendation.
FISCAL IMPACT
The County has recently notified staff that the contract costs for FY 2013-14 have been
calculated at $113,188. This cost was less than staff had anticipated for the 2013-15 Financial
Plan; therefore there is adequate funding in each year to cover these fees. Additionally, based
on service call trends for the City, staff does not anticipate any drastic upsurges in service, so it is
expected that costs would remain steady with only slight increases (or decreases) anticipated
during the three year contract.
The City will be notified in April of any adjustments (based on the new service fee calculations)
for subsequent years and the Police Department will budget accordingly.
ALTERNATIVES
1. The Council could choose not to approve a new agreement with the County for animal
services. This would leave the City without the ability to provide such animal services
without a viable in-house or contract alternative. Many of the services are required by
law. Therefore, staff does not recommend this alternative.
2. The Council could direct staff to negotiate different contract terms to increase or decrease
services and associated costs. In 2010 and 2012 (isn’t that what is says in the report?)
staff and other contract agencies engaged in extensive discussions with County
representatives regarding the services provided. Staff believes the services as proposed in
the contract are necessary for our City (and many are legally mandated) and the new cost
methodology is reasonable. Thus, staff does not believe service reductions would be
desirable or that engaging in further negotiations with the County would result in a
reduction in contract costs.
ATTACHMENT
Contract for Animal Care and Control Services from July 1, 2013 to June 30, 2016.
T:\Council Agenda Reports\2013\2013-07-16\Cnty of SLO Animal Care & Control (Gesell)\CAR 2013-16 Animal Services Contract.docx
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CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
THIS CONTRACT is made and entered into by and between the County of San Luis Obispo, a
public entity in the State of California, (“County”) and, San Luis Obispo, an incorporated city in
the State of California, (“City”).
WITNESSETH:
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 forth herein, the parties hereby agree that County shall perform the services
described herein for the compensation set forth herein, subject to the terms and conditions set
forth herein.
1. Services. The parties agree to perform the services described in Exhibit A, attached
hereto and incorporated herein by reference as if set forth in full at this point.
2. Compensation. The parties agree to the compensation described in Exhibit B,
attached hereto and incorporated herein by reference as if set forth in full at this point.
3. Duration. The parties agree to the duration described in Exhibit C, attached hereto
and incorporated herein by reference as if set forth in full at this point.
4. General Conditions. The parties agree to the general conditions described in Exhibit
D, attached hereto and incorporated herein by reference as if set forth in full at this point.
5. Notices. Notices required in this contract shall be provided to:
COUNTY CITY
Eric Anderson, DVM Stephen Gesell
Animal Services Manager Chief of Police
PO Box 4110 1042 Walnut Street
San Luis Obispo, CA 93406 San Luis Obispo, CA 93401
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IN WITNESS WHEREOF, the parties have executed this agreement as of the date set
forth below.
CITY OF SAN LUIS OBISPO
An Incorporated City in the State of California
By: _________________________________ ___________________________
JAN HOWELL MARX Date
Mayor
ATTEST:
By: _________________________________ ___________________________
CHRISTINE DIETRICK Date
City Attorney
COUNTY COUNSEL:
APPROVED AS TO FORM AND LEGAL EFFECT:
RITA NEAL County Counsel
By: _________________________________ ___________________________
CARRIE WINTERS Date
Deputy County Counsel
COUNTY OF SAN LUIS OBISPO
A Public Entity in the State of California
By: _________________________________ ___________________________
PAUL TEIXEIRA Date
Chairman of the Board of Supervisors
ATTEST:
By: _________________________________ ___________________________
JULIE RODEWALD Date
County Clerk and Ex-Officio Clerk
of the Board of Supervisors
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CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT A
SCOPE 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, ill, or in eminent risk and whose
owner is unknown or unavailable.
(3) Domestic or wild animal 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.
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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
(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) 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.
vii) 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.
viii) 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 City Attorney’s
office.
ix) 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.
x) 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, shelter operations, and humane education programs. Reports will
detail this information for both the individual quarter and year-to-date.
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2) City Obligations. The City shall perform the following duties.
a) Ordinance Conformity: Adopt, either by direct incorporation in the municipal code or by
way of reference, animal control ordinances which are in conformity to and are not in
substantial conflict or in variation from Chapter 9 of the San Luis Obispo County Code.
b) Prosecution of Municipal Code Violations: Through the City Attorney, provide for the
preparation, filing and civil or criminal prosecution of cases involving violation of
municipal codes, pertaining to the care, treatment, and keeping of animals, including all
such codes incorporated into the municipal code by way of reference.
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.
3) Animal Care and Control Coordination Group: The County and City agree to meet and
confer periodically, along with other parties contracting for like services, to discuss current
issues as they relate to the fiscal and practical application of this contract. Such meetings
shall be coordinated by the Animal Services Manager from time to time as becomes
necessary, but no less than once annually.
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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 $113,188 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 provided 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 four key
facets of Animal Services’ operations:
• Field Service
• Licensing
• Shelter Operations
• Education Services
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 cost 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.
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CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT C
DURATION
1) Effective Date: This contract shall be effective July 1, 2013 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 uninterruptedly between July 1, 2013 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 those
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, 2013.
3) Duration: The term of this Contract shall expire June 30, 2016 unless terminated sooner as
provided in Exhibit D.
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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.
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.
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 fourth 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 effected by personal delivery in writing or by
mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses
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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.
Notices for County shall be addressed to:
Eric Anderson
Animal Services Manager
PO Box 4110
San Luis Obispo, California 93406
Notices for Contractor shall be addressed to:
Stephen Gesell
Chief of Police
1042 Walnut Street
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 any benefits from any plan for hospital, surgical, or medical insurance, or 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.
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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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c D
JUL I5 2OI3
COUNCIL MEMORANDUM
DATE
TO
VIA:
FROM
RE
July 15,2013
Mayor and City Council
Katie Lichtig, City Manager
Chief Gesell, Chief of Police
July 16th Council Meeting Agenda ltem C1
On July 14th,2013 a Council member made the following inquiry via email regarding
item C1 (FY 2013-16 Animal Care and Control Services Contract with the County of
San Luis Obispo):
On page Cl-7, which has the actual contract language, at the bottom of the page
under section c), it sfafes "...Reports will detail this information for both the
i ndivid u al q u arter and ye ar-to-d ate. "
Question- "ls the contract meant to still refer to quarferly reporling periods even
though the reporfs have gone to bi-annual?"
Staff followed up with the County's Animal Services Director, Dr. Eric Anderson, and
confirmed that although the meetings will now be held twice annually (most likely in
January and September) the statistics provided will be reflected in a quarterly manner
as well as year to date if needed.