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HomeMy WebLinkAbout08/18/1992, C-3 - RESOLUTION AUTHORIZING THE MAYOR TO SIGN REVISED ANIMAL CONTROL CONTRACT. �I ����Y�IIII,IuI� p�ll city Of San LUIS OBISPO Meeting Date: 8/18/92 ffift II COUNCIL AGENDA REPORT Item Number: FROM: James M. Gardiner PREPARED BY: B. Topham Chief of Police Admin Captain SUBJECT: Resolution authorizing the Mayor to sign revised Animal Control contract. CAO RECOMMENDATION: Adopt resolution authorizing the Mayor to sign new contract. DISCUSSION: Once again it is time to renew our annual service contract with the County Department of Animal Regulation. We.have spent the last year working with the Animal Control Advisory Board in order to re-examine and restructure this service. This occurred because 1) the county significantly increased charges for their services; 2) we were re-examining all contract services; and 3) current economic considerations called for a re-examination. As a result of these efforts, we were able to develop a service agreement based on an annual flat rate fee for prescribed basic services of$60,350. We will only authorize additional services in exceptional cases at an hourly rate of$49.00. Additionally, we have no definite information that the spay/neuter program has had an impact on pet population in the city. A review of the addresses of pet owners who have taken advantage of this $7,000 per year subsidy indicates that most should be in a position to fully pay for the service. We are therefore recommending this not be funded. FISCAL IMPACT: This proposed contract will result in the elimination of the spay/neuter contribution of $7,000 and a reduction of the overall contract from $68,000 to $60,350, for a net savings of approximately $15,000 over the previous contract ALTERNATIVES: 0 Provide additional funds for more services and to restore spay/neuter contributions. p Further reduce costs by further reducing service levels. Attachments: Resolution, Agreement C-3- RESOLUTION NO. (1992 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 1992-93 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 1992-93, (Exhibit A) 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 1992. RON DUNIN, MAYOR ATTEST: PAM VOGES, CITY CLERK APPROVED: JOHN D N, CITY ADMINISTRATIVE OFFICER JF GE C ATTORNEY r ? ) WILLIAM STA LER, FINANCE DIR CTO 16 / 1 J IVIES M. GARDINER, CHIEF OF POLICE AGREEMENT FOR ANIMAL CONTROL SERVICES This Agreement is made and entered into this 1 st day of July, 1992, by and between the County of San Luis Obispo,hereinafter referred to as"County",and the City of 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 City is desirous of contracting for said Animal Control Service. NOW,-THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services - Defined A. Definitions - used throughout as follows: 1) Household 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. 2) Livestock or large animals means horses, ponies, mules, cattle, goats, swine and all other domestic or domesticated animals other than household pets. 3) Small wildlife means racoons, possums, foxes and other similar sized wildlife. 4) Large wildlife means deer, mountain lions, or other similar sized or larger sized wildlife. B. Basic Services - are defined as follows: 1) Services associated with insuring that dogs and cats are vaccinated against rabies and that dogs are licensed in accordance with local ordinances. 2) The receipt of household pets at the shelter or at drop off kennels. 3) Sheltering of all househo!d pets received at the shelter in accordance with state regulations, local ordinances, and policies governing humane treatment of such animals. Page 1 of 8 0-3 4) The capture or attempted capture of dogs running loose in violation of leash laws or other loose animals which would pose a hazard to health or safety. 5) Services for returning impounded animals to their owners, adoption of or humane destruction of animals received or brought to the shelter. 6) Emergency services for injured stray dogs or cats, dogs causing an immediate threat to public safety or suspect rabid animals. a) Calls for response within the City limits after normal business hours will be referred to the Watch Commander at the Police Department for approval. The Watch Commander will determine whether the call will be referred to Animal Regulation. 7) Investigation of all animal bites involving humans and the quarantine of biting animals. 8) 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. 9) Dead Animal Pick up - pick up of dead household pets or small wildlife in residential areas. C. City Requested Services - defined as follows: 1) Services associated with the investigation and resolution of nuisance complaints involving animals, including barking or other noise complaints, leash law violation complaints and unsanitary conditions complaints. 2) Services associated with the preparation of cases for prosecution and court actions on "multiple bite" or vicious dogs. 3) Services associated with the investigation and prosecution of cases involving animal cruelty. 4) Emergency or after hour services for any other reason than the Basic Package. Emergency services in this category are limited to: a) Sick dogs or cats. b) Arrest hold animals. c) Calls that have been approved by the Watch Commander and referred to Animal Regulation. Page 2 of 8 C-3- q D. Citizen Requested Services -any service such as owned animal pick up, which is performed for the convenience of the citizen and for which the individual requesting the service is charged a fee. Defined as follows: 1) Owned Animal Pick Up 2) Owned Dead Animal Pick Up 3) Euthanasia of Owned Animals 4) Transportation to Veterinarians of Owned Animals 5) Duplicate License Tags/Transfer of Ownership Fees 6) Any other service provided for owned animals. E. Humane Education Services - Education on responsible pet ownership at schools and public events usually involving the Humane Education Canine and one or more Animal Control Officers. F. Spay/Neuter Services -The provision of certificates for reduced cost spay/neuter of animals or the provision of low-cost spay/neuter services. G. Operation Permit Services - Services for the inspection and issuance of Animal Use Operation permits. 2. Services To Be Provided by County A. Maintain an Animal Regulation Department - to provide management and supervision of the program, to keep records and statistics as established in policy and approved by the Animal Regulation and Control Advisory Committee as defined hereafter. B. 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. C. Basic Services - to provide Basic Services to all subscribing jurisdictions within the County. D. Specific Agreements - to provide pursuant to specific agreements with each city: 1) City Requested Services Page 3 of 8 2) Humane Education Services 3) Spay/Neuter Services E. Citizen Requested Services - to provide Citizen Requested Services to all citizens of the County regardless of jurisdiction. F. Operation Permit Services - to provide Permit Services to all citizens of the County regardless of jurisdiction. 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 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 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. There shall be three subcommittees as follows: A. Budget and Finance B. Facilities C. Operations 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. 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. 7. 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 parry 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. Page 4 of 8 �-3-� 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 orjurisdiction 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 or in connection with any work, authority or jurisdiction delegated to the City under this Agreement except as otherwise provided by Statute. 8. Emolovee 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. 9. 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. 10. Term and Renewal - This Agreement shall be effective on the 1st day of July, 1992, and shall terminate on the 30th day of June, 1995. All fees, charges, and payments required by paragraph 12 (A-C) and paragraph 15 shall be adjusted each July 1 st of the three year duration of the contract. This adjustment shall be for any increase in County's cost of providing services. The Department 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. This contract is subject to cancellation by either party by notification in writing of the desire to terminate contract. Notification shall be required 30 days in advance of the termination date. Page 5 of 8 11. Allocation of Costs A. Budget Submission - By March 1 of each year a budget with supporting documentation shall be provided to the Budget and Finance Subcommittee. This budget shall specify: 1) The estimated expenses, revenues and net cost of providing basic services for the next fiscal year and the pro-rata share for each city jurisdiction. 2) The hourly rate to be charged to cities for City Requested Services and after hours Emergency Services included in the Basic package . 3) The estimated cost of Education Services and the pro-rata share for each city jurisdiction. 4) The estimated need and amounts for Spay/Neuter Services. B. Costs Development - costs will be developed and maintained in accordance with a methodology approved by the County Auditor-Controller and by the Budget and Finance Subcommittee. 1) Cost for the Basic Package will be based upon the total cost of providing the Basic package minus the revenue for those services and the resulting Net Cost being distributed on a per capita basis for each city. 2) Hourly rate for services will be determined by allocating all personnel, equipment and vehicle costs to the productive hours worked by Animal Control Officers. a) Billing will be broken down to the closest 15 minute increments for hourly services. b) Emergency Services provided after normal business hours (9:OOam to 5:OOpm and County Holidays), will be billed at a two (2) hour minimum. This is for services provided in the Basic Package and in the City Requested Package. 3) Humane Education costs will be determined by the total cost of the program including salaries, supplies and transportation distributed on a per capita basis. 4) Spay/Neuter costs will be determined by estimating the dollar amount necessary to issue certificates to citizens within the City limits for the fiscal year. C. City Notification -no later than April 1 of each year, each city shall be notified of its pro-rata share of Basic Services and Humane Education, the hourly rate for City Requested Services, and the amount needed for Spay/Neuter Services. 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. D. Actual Costs - See Attachment A. Page 6 of 8 C-3-8 12. . County Billing - County shall bill city quarterly for their pro-rata share of Basic Services and Humane Education Services and the amount due for the City Requested Services from the previous quarter. 13. 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. 14. 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 City for changes or modifications to their City ordinance. 15. Books 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. 16. 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 P.O. Box 3760 San Luis Obispo, CA 93403 and to the City at: City of San Luis Obispo Page 7 of 8 C-3-�j 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: By: By: City Clerk Board of Supervisors y' gac�:: Co Counsel Date: �I�, /99Z. Page 8 of 8 \ec\wp511ctycmrlcc=a=VA*y 28, 1992 C-3-Iv AGREEMENT FOR ANIMAL CONTROL SERVICES Attachment A Allocation of Service Costs for the city of San Luis Obispo for the Fiscal Year 1992-93 will be as follows: 1. Basic Package $ 60,350 2. City Requested Services $ 49.00/hour C-3- 1 )