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 )