HomeMy WebLinkAbout07/01/1997, C-4 - 1997-98 ANIMAL SERVICES AGREEMENT councils«�
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CITY OF SAN LUIS OBISPO •
FROM: James M. Gardiner,Chief of Police
Prepared By: Bart Topham,Captain V
SUBJECT: 1997-98 ANIMAL SERVICES AGRF.EbdENT
CAO RECOMMENDATION
Adopt resolution authorizing the Mayor to sign FY 1997-98 Agreement for Animal Control / Spay
Neuter Services.
DISCUSSION
During FY 1996-97, the City's Animal Control/ Spay Neuter Services agreement with the County of
San Luis Obispo was $50,000. For FY 1997-98, the County has offered a full service contract for
$53,400. Staff recommends that the City, once again, contract for full animal control / spay neuter
services. Within each total, $5,000 is designated for spay&neuter services.
FISCAL EM PACT
Line Item Detail FY 1996-97 FY 1997-98 FY 1998-99
100.8010.200.045 $50,000 $ 534001 $55,000
ALTERNATIVES
• Contract for a lower,limited level of services at$40,300 plus spay neuter funds.
Staff does not recommend this alternative. The City experimented with a lower service level
approximately five years ago and, after one year, returned to full service levels as a result of strong
community input.
Attachments
1. Resolution
2. Agreement for Animal Control Services
RESOLUTION NO. (1997 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE MY OF
SAN LUIS OBISPO APPROVING AGREEMENT WITH
THE COUNTY OF SAN LUIS OBISPO FOR ANEVIAL REGULATION
SERVICES FOR FISCAL YEAR 1997-98
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby declares the
following:
SECTION 1. That the agreement with the County of San Luis Obispo for Animal Control /
Spay Neuter Services for Fiscal Year 1997-98 (Exhibit A)has been reviewed and is approved.
SECTION 2. That the Mayor is hereby authorized to enact the agreement.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of 1997.
ATTEST:
City Clerk Bonnie Gawf Mayor Allen K Settle
APPROVED AS TO FORM:
rn J or
1997798 Proposed City Contract Packages
PACKAGE A
BASIC SERVICES/EMERGENCY SERVICES
1. SHELTER PROVISIONS/ANIMAL DISPOSAL
The availability of a shelter to provide care for unlimited numbers
of stray animals transported by citizens from the city incorporated
boundaries. This shall include the administration necessary for
surrender of animals at the shelter, the care of animals during the
72 hour hold period, and final disposal of animals through
redemption, adoption, or destruction.
2 . ANIMAL BITE INVESTIGATIONS/QUARANTINES
The taking of animal bite reports and subsequent investigation and
quarantine of bite animals. 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.
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 animal as per provisions
stated in shelter services. Response to potentially rabid wildlife
and domestic pets when someone is on 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. Response to
four (4) emergency call outs per year that may fall outside stated
criteria and approved by a Watch Commander, Contract Enforcement
Committee representative, or Chief of Police.
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6413
PACKAGE B
BASIC SERVICES/EMERGENCY SERVICES (A) PLUS
CITY DESIGNATED PICK IIP LOCATION (B)
r
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 location within the contracting city. The city will
be responsible for providing food, water, and cleaning the
designated kennels.
PACKAGE C
BASIC SERVICES/EMERGENCY SERVICES (A) PLUS
CITY DESIGNATED PICK IIP LOCATION (B) PLUS
FIELD PICK UP OF UNLIMITED DOMESTIC ANIMALS : DOGS, CATS, OTHER, DOA'S
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 in the basic service package described
above. Pick up shall include dogs, cats, other domestic animals
during normal hours of operation, including domestic animals dead
on arrival.
PACKAGE D
BASIC SERVICES/EMERGENCY SERVICES (A) PLUS
CITY DESIGNATED PICK UP LOCATION (B) PLUS
FIELD PICK UP OF DOMESTIC ANIMALS : DOGS, CATS, OTHER, DOA'S (C) PLUS
CITIZEN COMPLAINTS : BARKING, LEASH LAW, CRUELTY INVESTIGATIONS
NUISANCE- ABATEMENT/EEARINGS & COURT PROCEEDINGS
FIELD ENFORCEMENT: PATROL REQUESTS, CITATIONS
7. CITIZEN COMPLAINTS
The processing of citizen complaints, response to complaints,
maintaining cumulative records, and action taken on complaints.
8. NUISANCE ABATEMENT/HEARING & COURT PROCEEDINGS
The recording, filing, investigation, office hearings, issuance of
orders to abate, and processing to court of nuisance abatements
through city attorney' s offices.
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9. FIELD ENFORCEMENT
Processing and performing patrols within a specified area when
requested by a citizen and issuance of citations for violations.
10. COURT FILINGS & PROCEEDINGS
Filing dangerous/vicious, cruelty or abandonment cases to court
with approval of city attorney's office. Collection of incident
reports, photographs, etc. Court appearances and follow up related
to these cases.
Contract fees shall cover UNLIMITED response by Animal Services in the
performance of services included within the contract package. Cities
shall be billed for the contract fees on a quarterly basis.
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AGREEMENT FOR
ANIMAL CONTROL SERVICES
This Agreement is made and entered into this 1st day of July, 1997, 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
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 for said Animal Control
services.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
DEFINITIONS - Used throughout as follows:
Aggressive means a dog attacking a human (not dog to dog or dog to
livestock) and the human is in immediate danger of being injured.
Household/Domestic Pets or Small 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.
Injured domestic aminal means life-threatening (not an abscess or
other non emergent condition) to the animal requiring intervention
by a veterinarian.
Livestock or Large Animals means horses, ponies, mules, cattle,
goats, swine and all other domestic or domesticated animals other
than household pets.
Small Wildlife means racoons, possums, foxes and other similar
sized wildlife.
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SERVICE PACKAGE OPTIONS:
BASIC SERVICES/EMERGENCY SERVICES - are defined as follows:
1) The receipt of household pets delivered to the shelter or at
drop off kennels.
2) Sheltering of all household pets received at the shelter in
accordance with state regulations, local ordinances, and
policies governing humane treatment of such animals.
3) Services for returning impounded animals to their owners,
adoption of or humane destruction of animals received or
brought to the shelter.
4) Investigation of all animal bites involving humans and the
quarantine of biting animals pursuant to state regulations and
local ordinances .
5) 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.
Emergency and after hour services for any of the following:
6) Severely injured/sick dogs or cats when legal owner unknown or
unavailable.
7) Arrest hold animals.
8) Aggressive/Vicious dogs when legal owner unknown or unavailable
and reporting party is standing by.
9) Bite dogs/cats when legal owner is unknown or unavailable and
reporting party is standing by.
10) Potentially rabid animals including wildlife when reporting
party remains on scene.
ONE SITE PICK UP OF CONFINED STRAYS - defined as follows :
Pick up on UNLIMITED confined strays from one designated location
within the contracting city.
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 animal pick up
2) Dead stray animal pick up
3) Owned animal pick up (fee paid by citizen)
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4) Owned dead animal pick up (fee paid by citizen)
5) Euthanasia of owned animals (fee paid by citizen)
6) Transportation to veterinarians of owned animal (fee paid by
citizen)
ADDITIONAL FULL SERVICES - Defined as follows :
CITIZEN COMPLAINTS: The fielding; documentation of and response to
complaints from citizens including, but not limited to: barking
dogs, leash law violations, animal abandonment, and animal cruelty.
NUISANCE ABATEMENT: All activities involved in the processing of
nuisance abatement petitions, investigations, orders, hearings,
including preparation for court proceedings when necessary.
FIELD ENFORCEMENT: The addition of further field enforcement other
than field pick up as described in "FIELD SERVICES" above, but not
limited to: - random patrol, patrol requests, ordinance violation
citations, and agency assists.
SERVICES TO BE PROVIDED BY COUNTY:
Maintain an Animal Services Division - to provide management and
supervision of programs, to maintain records and statistics, and
enforce licensing, as established in policy and approved by the
Animal Services Contract Enforcement Advisory Committee as defined
hereafter.
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.
Specific Agreements - to provide pursuant to specific package
contracts with each city.
Operation Permit Services - to provide Permit Services to all
citizens of the county regardless of jurisdiction.
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
acceptable to contracting city related to service response times,
outcomes, and category of contacts.
CMAXACft979K0NMAa„W, Page 6 of 10 Revtlonom 24Apr297 �
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 from the County Public
Health Department, one representative of the Highway Patrol, one
representative from Animal Services, one representative of the County
Administrative Office, one representative from the Public Health
Department Public Information Office, and one representative from the
County Sheriff' s Department. The 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 parties 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 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,
UPage97
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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 connection with any work, authority or
jurisdiction 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 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 RENEWAL - This Agreement shall be effective on the 1st day of
July, 1997, and shall terminate on the 30th day of June, 1999 . All
fees, charges, and payments required by this agreement may be adjusted
July lst, 1998, of the two year duration of the contract. This
adjustment shall be for any increase in County' s cost of providing
services or from changes required from revisions pending to Title 9.
The Division 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 except for changes to
ordinance through adoption of revisions to Title 9 . This contract is
subject to cancellation by either party by notification in writing of
the desire to terminate contract. Notification shall be required
thirty (30) days in advance of the termination date.
CITY NOTIFICATION - no later than May 1 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 of their agreement
to pay for basic services and other services in each subsection.
Attachment A reflects the annual cost.
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.
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.
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ORDINANCE CONFORMITY - City agrees to adopt animal control ordinances
which conform to and are not in substantial conflict with Chapter 9 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 of Animal Services may
also make recommendations to City for changes or modifications to
their City ordinance.
BOORS 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.
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 :
Animal Services
P.O. Box 3760
San Luis Obispo, CA 93403-3760
and to the City at: City of San Luis Obispo
PO Box 8100
San Luis Obispo, CA 93403-8100
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IN WITNESS TSEREOF, 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
By:
Mayor
ATTEST:
By:
City Clerk
COUNTY OF SAN LUIS OBISPO
By:
Chairman, Board of Supervisors
ATTEST:
By:
Board of Supervisors
APPROVED AS TO FORMAND LEGAL EFFECT:
By:
County Counsel
Date:
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SAN LUIS OBISPO COUNTY
DIVISION OF ANIMAL SERVICES
AGREEMENT FOR ANIMAL CONTROL SERVICES
ATTACBMENT A
Package A Package B Package C Package D
San Luis Obispo $25, 000 $35, 000 $40, 300 $48,400
City of San Luis Obispo agrees to contract for service level
COnrt11AC^97M0^R°"Mx'PD Page 11 of 11
Yeftprl°ate: 21 April 97