HomeMy WebLinkAbout04/20/1993, C-7 - 1993-94 ANIMAL SERVICES PROGRAM AGREEMENT City of San Luis OBISpo F5
Moin COUNCIL AGENDA REPORT
FROM: James M. Gardineri ` PREPARED BY: Bart Topham+
Chief of Police Captain
SUBJECT: 1993-94 Animal Services Program Agreement
CAO RECOMME1KDATION:
Adopt attached resolution authorizing Mayor to sign 1993-94 FY agreement for
Animal Control services.
BACKGROUND:
During the last two year budget cycle the'City spent $68,000 and $60,000
respectively (in addition to revenue collected) for Animal Control services. The City
reduced the service levels and costs by $8,000 this past fiscal year due to budget
constraints. Many of the cities in the county have had to make similar choices. As a
result, County Animal Regulation has revised their program and is offering each city a
choice of four "packages." The packages range from Level A - Basic Services for $22,000
to Level D - Full Services for $45,000. (Amounts specific to each city).
Staff recommends that we contract for the Level B service package. This level is
basic services, plus emergency services. This package equates to the current service
levels and maximizes potential savings for the City.
FISCAL IMPACT:
The 1993-94 FY Level B package is $24,000. Any services beyond basic or
emergency would result in a charge of $65.00 per hour with a two-hour minimum. Staff
recommends $1,000 be included to cover potential add-on charges. The total Animal
Control program would be $25,000. The proposed contract reflects a savings of$37,000
from the previous fiscal year.
ALTERNATIVES:
■ Choose Level A package for $22,000 - Basic Services only.
■ Choose Level C package for $38,000 - Basic, Emergency and Animal pick-up.
■ Choose Level D package for $45,000 - Full Services.
ATTACHMU4TS:
1. Contract Agreement
2- Resolution
RESOLUTION NO. (1993 SERIFS)
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 FY 1993-94
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 1993-94, (Exhibit A) has been reviewed and is
approved.
Section 2 That the City of San Luis Obispo elects for Service Level 'B" for the
1993-94 fiscal year.
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
1993.
AT7<'EST: PEG PINARD, MAYOR
DIANE GLADWEII, CITY CLERK
APPROVED:
JOHN D , CITY ADMINISTRATIVE OFFICER
r/AG S CFFY ATTORNEY
wmLIAM STATLER, FINANCE DIRECTOR
JAMES M. GARDINER, CHIEF OF POLICE
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Country o f San dnnui.3 0&.4po
DEPARTMENT OF ANIMAL REGULATION
P.O. BOX 3760 SAN LUIS OBISPO, CA 93403-3760 V -
885 OKLAHOMA AVE. Ac 605 s<9-s.00
4110 `;.
1993-94 Proposed City Contract Packages
PACKAGE 'A'
BASIC SERVICES
(Necessary to comply with State mandated codes)
1. SHELTER PROVISIONS/ANIMAL DISPOSAL
The availability of a shelter to provide care for unlimited stray animals transported by citizens from the
city Incorporated boundarles.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 animal through
redemption, adoption, or destruction.
2. ANIMAL BITE INVESTIGATIONS/QUARANTINES
The taking of animal We reports and subsequent quarantine of bite animals per California.State Codes.
The keeping of such records and reporting of information to the State Health Department.
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 Health
Department for testing, and proper disposal of remains when found to be positive.
PACKAGE •B'
BASIC SERVICES ('A')PLUS
EMERGENCY SERVICES
The addition of EMERGENCY SERVICES to the basic services described above in package W.
4. EMERGENCY SERVICES
The response to and attempted capture of injured domestic animals, transport of and medical aid to
animal when needed for stabilization and subsequent sheltering of animal as per provisions stated in
basic services. Emergency services shall be provided 24 hours a day, seven days a week.
PACKAGEOC*
BASIC SERVICES ('A') PLUS
EMERGENCY SERVICES ('B') PLUS
FIELD PICK UP OF ANIMALS (IE., DOG, CAT, OTHER, DOA)
The addition of UNLIMITED ANIMAL PICK UP to the services provided in packages W and 'B'above.
5. FIELD PICK UP OF ANIMALS _J
The response to and pick up of unlimited stray confined animals.The transport to and care of Impounded
animals per sheltering in the basic service described above. Pick up shall include dogs, cats,
other/wildlife as well as DOA's.
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PACKAGE "D'
BASIC SERVICES('A') PLUS
EMERGENCY SERVICES ('B') PLUS
STRAY FIELD PICK UP ('C') PLUS
CITIZEN COMPLAINTS (BARKING, LEASH LAW, CRUELTY)
NUISANCE ABATEMENT/COURT PROCEEDINGS
FIELD ENFORCEMENT (PATROL REQUESTS, CITATIONS)
This package shall provide for ALL animal regulation services historically preformed for contracting cities on
previous contracts.
Contract fees shall cover unlimited response by the Department of Animal Regulation in the performance of
services included within the contract package. Cities shall be billed for the contract fees on a quarterly basis.
C'44
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AGREEMENT FOR
ANIMAL CONTROL SERVICES
This Agreement is made and entered into this 1 st day of July, 1993, 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:
DEFINITIONS- Used throughout as follows:
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.
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.
1. Service Package Options
BASIC SERVICES -are defined as follows:
1) The receipt of household pets at 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 bite involving humans and the quarantine of biting animais 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.
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EMERGENCY SERVICES -defined as follows:
Emergency and after hour services for any of the following:
1) Injured/Sick dogs or cats.
2) Arrest hold animals.
3) Calls that have been approved by the Watch Commander and referred to Animal Regulation.
FIELD SERVICES - Defined as follows:
Response of an Animal Regulation 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)
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 of and response to complaints from citizens including, but not
limited to: barking dogs, leash law violations and animal cruelty.
NUISANCE ABATEMENT: All activities involved in the processing of nuisance abatement orders,
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 citation and agency assists.
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,and enforce licensing as established in policy and approved by the Animal
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. Specific Agreements -to provide pursuant to specific package contracts with each city:
D. Operation Permit Services - to provide Permit Services to all citizens of the County regardless of
jurisdiction. ,w•,
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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
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 Sheriffs
Department. The Committee shall receive staff support from the Department of Animal Regulation.
4. 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.
S. Employee Comnensetion 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.
S. 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 oc cuning 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
harnless 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 officer 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.
7. Employee Status - All persons employed In the pertommance 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.
8. 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.
8. Term and Renewal -This Agreement shall be effective on the 1st day of July, 1993, 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 1st 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
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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.
A. 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.
B. Actual Costs-Participants shall pay a set fee in accordance with paragraph
10 hereof. Attachment A reflects the annual cost.
10. County Billing-County shall bili city quarterly for their contracted services. Billing shall be submitted at the
end of each quarter. City shall remit payment within ten days of recsipt of billing.
11. Modification This contracx 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.
12 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.
13. 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.
14. 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 man to the County at:
Department of Animal Regulation
P.O. Box 3760
San Luis Obispo, CA 93403.3760
and to the City at:
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IN WITNESS THEREOF, City of 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 affaed 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
APPROVED AS TO FORM: By:
County Counsel
Date:
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r—
C- SAN LUIS OBISPO COUNTY
DEPARTMENT OF ANIMAL REGULATION
AGREEMENT FOR ANIMAL CONTROL SERVICES
ATTACHMENT"A"
(Actual Cost)
Package"A" Package *So Package "C" Package "D"
San Luis Obispo 22,000 24,000 38,000 45,000
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