HomeMy WebLinkAbout07/05/1988, C-13 - RESOLUTION AUTHORIZING THE MAYOR TO SIGN MULTI-YEAR AGREEMENT WITH THE COUNTY FOR ANIMAL CONTROL SERVICES d � city O� San ) OBISPO M� �•Tk
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COUNCIL AGENDA REPT r,=13
FROM: James M. Gardiner . Chief of Police Prepared by: B. Tooham
SUBJECT: Resolution authorizing the Mayor to sign multi-year Agreement with the
County for Animal Control services
CAO RECOMMENDATION:
Adopt resolution authorizing Mayor to sign multi-year agreement with
the County for Animal Control services
BACKGROUND:
The current one-year Animal Control agreement expired June 307 1988. This has
been reviewed annually in June of each year. In an effort to reduce staff time
and update language dating back to the original agreement, thirteen years ago,
the Countv Animal Control Advisory Board has drafted and recommends the attached
three-year agreement. This agreement provides for an annual side letter of
agreement for cost and/or service level changes. It would reduce the amount of
staff time and negotiations expended annually. The agreement includes a 4%
increase in operating costs beyond funds already approved by Council . It is
believed that revenue increases will largely offset the increase in service
charges to the City.
Option 1 : Approve multi-year agreement with the County.
Option 2: Direct staff to return with a single year agreement.
Option 3: Do not contract with the County for these services and direct to staff
to explore alternatives.
Significant Imoact(s) : $30.000 has already been approved for FY 1988-89. Second
and third year funding would be arranged by side letter of acreement. The
County 's request for 4% additional fundino was presented too late to include in
the ,mid-cycle budget process. If an end-of-the-year adjustment does become
necessarv, staff will forward a report at that time. 4% of current funding is
$1 .200. Staff does not consider Option 3 as viable, at this time, however we may
want to reconsider our options at the end of this agreement.
There is no direct fiscal impact to signing a multi-year agreement since funding
is done annually by the County. However, this contract will reduce staff time
and bring this agreement more into line with our budget process.
Consequences of not taking recommended action; Animal Control services can be
continued for a sixty (60) day period by verbal .agreement. After sixty days we
would be without animal control services.
Approvals: City Administrativ Offic
City Attorney
Chief of Poilce
Attachments: Resolution, Contract
RESOLUTION NO. ( 1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR
ANIMAL REGULATION SERVICES FOR 1988-91 FISCAL YEARS.
Be it 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 years 1988-89, 1989-90 and 1990-91 (Exhibit
Ai has been reviewed and is approved.
Section 2. That the Mayor is hereby authorized to enact the agreement.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1988.
MAYOR RON DUNIN
ATTEST:
CITY CLERK, PAM VOGES
APPROVED:
City A mi istrative Officer
r
City Att r ey ll
/Chief of Police
AGREEMENT FOR
ANIMAL CONTROL SERVICES
This Agreement is made and entered into this 1st day of July, 1988, 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 Department 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 the Department of
Animal Regulation to enforce the ordinances of the County Code Title 9 within
the unincorporated areas of the County; and
WHEREAS, the interests of all citizens would be served by implementation of
Animal Control Services in the incorporated communities of the County; and
WHEREAS, the City is desirous of contracting for said Animal Control
Service.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Definition
a. "Animal" as used in this Agreement means any species of vertebrate
creature.
b. "Animal transaction for City" as used in this Agreement means any of
the following actions taken by County on City's behalf;
1. Search;
2 Seizure;
3. Capture or attempted capture;
4. Bite investigations;
5. Issue of written warning or citation;
6. Pick-up and disposal of dead animal;
7. Nuisance investigation;
8. Care of injured animal;
9. Adoption/Redemption/Destruction;
10. Extended holds;
11. Court/Proceedings
d - /3- 3
C. "Animals sheltered for City" as used In this Agreement shall mean any
animal delivered to the animal shelter from within a City's corporate limits.
d. "Man-hour" as used in the Agreement shall refer to the services of any
single County officer, agent, or employee for one hour. Man-hours shall be
recorded to the nearest one-half (1/2) hour.
e. "Overall Program Costs" as used in this Agreement shall mean total
operating costs incurred In providing services of any single component, as
hereinafter described, to any unincorporated areas of County together with the
total operating costs Incurred in providing services of any single component to
any incorporated community within County contracting for said component. Such
costs shall include the cost of any leased premises, equipment, and those
subcontracted services as hereinafter described.
f. "Emergency Services" as used in this Agreement shall mean those
services provided by one or more animal control officers during hours other
than regular business hours in response to a call concerning animal bites, sick
or injured animals, or situations in which animals are constituting an
immediate threat to public safety. Emergency services do not include responses
to animal nuisances such as barking or stray dogs. When Immediate response is
required because of a potential danger to life or property, the department
shall respond in an appropriate manner and inform the city designee for
ratification. Reports of responses shall be sent weekly in an appropriate
manner to the City designee for ratification. Disputes over billing will be
settled by the Animal Control Advisory Committee.
g. "Court/Proceedings" as used in this Agreement shall mean actual time
involved by one or more Animal Control Officers in conducting investigations,
preparing documents and/or participating in court proceedings resulting from an
Incident within a City's corporate limits.
2. Services Components - The County agrees to provide all necessary
labor, facilities, and equipment to supply the following animal control service
components:
a. General Administration - County agrees to provide management and
supervision of the animal control program, to keep records and provide
statements as hereinafter specified, to operate an animal release annex, to
maintain a headquarters with communication center and dispatcher service.
These services shall hereinafter be referred to as the "general administration
component".
b. 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 Department of Animal Regulation's consultation before
adoption. County Department of Animal Regulation may also make recommendations
to Cities for changes or modifications to their City ordinance. This service
shall hereinafter be referred to as the "Ordinance Review Component".
C. Animal Control Enforcement - County shall enforce all City Animal
Control ordinances and State laws within City's corporate limits, investigate
complaints, including complaints involving animal bites, and issue citations.
These services shall hereinafter be referred to as the "animal control
enforcement component", but services under this component shall not include
enforcement of City animal licensing ordinances, which is covered under the
"licensing component", nor shall it include enforcement of zoning ordinances
dealing with animals.
6 - 13-- 4
d. Animal Shelter - The County maintains a pound and provides for
the care, housing, and disposal of animals seized within a City's corporate
limits or delivered by City's residents. It is understood and agreed that the
County may subcontract the obligations of this paragraph to an independent
contractor or at its option undertake to perform these duties itself. These
services shall hereinafter be referred to as the "animal shelter component".
e. Public Education - County shall provide information to the public
on the necessity of animal control as recommended by the Animal Regulation and
Control Advisory Committee. This service shall hereinafter be referred to as
the "public education component".
f. Licensing - County shall collect license fees, issue licenses and
receipts for licenses, enforce City licensing ordinances, and enforce state and
local rabies control laws. County may choose to conduct an animal vaccination
clinic. These services shall hereinafter be referred to as the "licensing
component".
g. Animal Population Control - County may choose to conduct a spay
and neuter clinic/or program.
3. Animal Regulation and Control Advisory Committee - There shall be an
Animal Regulation and Control Advisory Committee whose responsibility it will
be to review and recommend on all matters of Departmental 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 representation
from an Animal Welfare Society, one representative from the County Health
Department, one representative from the Department of Animal Regulation, one
representative of the County Administrative Office, and one representative from
the County Sheriff's Department. The Committee shall receive staff support
from the Department of Animal Regulation.
4. Supervision - The rendition of services specified in paragraph . 2 of
this Agreement, and matters incidental to the performances of said services,
and the control of personnel so employed, shall remain in the County.
5. 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.
6. Special Supplies - It is agreed that in all instances wherein special
supplies, tools, vehicles, equipment, stationary, notices, forms, and the like
must be used in the performance of this contract on behalf of the City, the
same shall be supplied by City at its own cost and expense.
7. 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 employment.
8. 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 the
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 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 or in connection with any work, authority or jurisdiction delegated to
the City under this Agreement except as otherwise provided by Statute.
9. 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 an the employee
engaged in the performance of any service hereunder shall, where necessary, be
deemed an officer or employee of City while performing the services for City.
10. Prosecution - It shall be the duty of the City Attorney, exercising
the discretion rested 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.
11. Term and Renewal - This Agreement shall be effective on the 1st day of
July, 1988, and shall terminate on the 30th day of June, 1991. All fees,
charges, and payments required by paragraph 12 (A-H) and paragraph 15 shall be
adjusted each July lst of the three year duration of the contract. This
adjustment shall be for any increase in County's cost of providing services.
The Animal Regulation Department's approved budget shall be used as a basis for
determining increases. Any annual increase in contract cost shall be agreed by
City and County representatives resulting in a side letter of agreement.
�- 13- l0
12. Allocation of Operating Costs - Charges to City for the services
provided by County shall be computed on the following basis:
a. Charges for general administration and ordinance review shall be
$4.00 for each animal transaction for City (as defined in subparagraph 1(b) of
this Agreement). A $4.00 charge shall also be applied for each animal
delivered to the control facility by a resident of the City. The charges
allocated to City pursuant to this subparagraph 12(a) shall be added to the
charges made pursuant to subparagraphs 12(b) and (c) below when those charges
are applicable.
b. Charges for the animal control enforcement service component
shall be $10.00 for each animal transaction (as defined in paragraph 1(b) of
this Agreement) In which the service of an Animal Control Officer is involved,
but excluding those services where charges are made pursuant to subparagraph
12(f) below. The charges allocated pursuant to this subparagraph 12(b) shall
be added to the charges described in paragraph 12(a) above, and where
applicable, they may also be added to the charges described in paragraph 12(c)
below.
C. Charges for the animal shelter services component shall be $4.50
for each animal sheltered for City (as defined In paragraph 1(c) of this
Agreement). The charges allocated pursuant to this subparagraph 12(c) shall be
added to the charges described in subparagraph 12(a) above and where applicable
they may also be added to the charges described in subparagraphs 12(b) and (f).
d. Overall program costs (as defined in paragraph 1(e) of this
Agreement) for the public education component services shall be multiplied by
the City's population percent, and that sum shall be charged to City. In no
event shall City's allocated costs for the public education component exceed
$.16 per capita.
e. Charges for the licensing component services shall be $3.50 for
each animal licensed for City. Should County choose to conduct a county-wide
animal vaccination clinic, costs for conducting such a clinic shall be
multiplied by the ratio created by dividing the number of animals vaccinated
for City animal owners by the total number of animals vaccinated during the
clinic.
f. In payment for those emergency services (as defined in paragraph
1(f) of this Agreement) provided to City when only standby animal control
officers are on duty, City shall be charged $41.00 per man hour. This charge
shall be on a portal-to-portal basis, and when applicable, may be added to the
charges imposed pursuant to subparagraphs 12(a) and (c) above.
g. Charges for Court/Proceedings (as defined in Paragraph 1(g) of
this Agreement) resulting from an Incident within the incorporated limits of a
City, shall be charged to that City at a rate of $26.00 per man hour.
It. Charges to the City for unrecovered fees, bad checks, and
veterinarian services shall be reduced by the amount actually recovered.
13. Revenue from Fees and Impounds - Revenue from impound charges
collected on animals taken from within City's corporate limits will be credited
against City's allocated costs.
14. Revenue from Licensine - Revenue collected in licensing animals owned
or adopted by residents of City shall be credited to City's allocated costs.
15. Deficits - City shall pay County any deficits between total revenue
credited to City and City's allocated costs. City agrees sum of $31,200.00
represents a reimbursement which shall, within the conditions of this contract,
be maximum under which County shall be excused from any further performance.
When in the calculation of charges incurred, the Animal Regulation Department
costs equal said amount this clause shall act as a condition subsequent
excusing the County from any further service under the terms of the contract.
Said payments shall be made on or before the 31st day of August of each year of
this Agreement's existence.
16. Enforceability - The invalidity and unenforceability of any terms or
provisions hereof shall in no way affect the validity or enforceability of any
other terms or provisions.
17. 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.
18. Assignment of Personnel - The' number of Animal Control Officers
assigned to any activity shall be within the discretion of the Department of
Animal Regulation of the County of San Luis Obispo.
19. Optional Reduction in Services - Notwithstanding any provision herein
to the contrary, City shall have the option to select a reduced level of
service for the remainder of the contract period. The Department will provide
a quarterly report of financial status of City's program in a format acceptable
to the Animal Control Advisory Committee. Said reports are ordinarily provided
at the end of the third, sixth, ninth, and twelfth months of each calendar
year. City may notify Director of its election to reduce services within any
two weeks after receipt of said report. Upon receipt of notice of said
election Director will provide a reduced level of service, including emergency
services. It is the intent of the parties to provide a continuation of
mandated, emergency services to the community under this paragraph as an
alternative to service termination as provided in paragraph 14 above.
20. Books and Records - County agress 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.
21. 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:
Department of Animal Regulation
County Operational Center, Highway One
San Luis Obispo, CA 93408
and to the City at:
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403
IN WITNESS THEREOF, City of San Luis Obispo by 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 COUNTY OF SAN LUIS OBISPO
By: By:
Mayor Chairman, Board of Supervisors
ATTEST: ATTEST:
FRANCIS M. COONEY, CLERK
Board of Supervisors
By:
REVIEWED BUT NOT REGGAMOEND
JAMES B. LINDHOLM
County Counsel
By:
Dated:
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