CC 2013-08-27_08.e. Agreement for Animal Care and Control ServicesMEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN N. ANNIBALI, CHIEF OF POLIC~
SUBJECT: CONSIDERATION OF CONTRACT FOR ANIMAL CARE AND CONTROL
SERVICES
DATE: AUGUST 13, 2013
RECOMMENDATION:
It is recommended the City Council approve the Contract for Animal Care and Control
Services with the County of San Luis Obispo not to exceed the first year amount of
$60,393 and authorize the Mayor to execute the Agreement.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
This new contract will provide for contract animal services beginning July 1, 2013, or
fifteen (15) days following the date of the signature of the County, whichever is later,
through June 30, 2016, unless terminated sooner as provided in the contract.
This contract is based on the costing methodology that resulted from the animal services
study that was conducted by the Animal Services Committee in 2009. The revised "Service
Based Methodology" has resulted in significant cost reductions over the past two contracts.
The proposed first year cost for FY 2013-14 is $60,393. That cost represents an additional
reduction of $34,919 from the FY 2012-13 budget. The City of Arroyo Grande will be
notified in April of 2014 regarding any adjustments for the subsequent years and the Police
Department will budget accordingly.
A total of $97,000 in the General Fund is budgeted in FY 2013-14 for animal services,
which will cover the $60,393 cost.
BACKGROUND:
The San Luis Obispo County Division of Animal Services has successfully provided animal
care and control functions, including enforcement of ordinances and State codes, to the
City of Arroyo Grande for over thirty years. On August 11, 2010, the City Council
approved and executed a contract with the County of San Luis Obispo to provide animal
services within the City's boundaries. The agreement expired on June 30, 2013.
In 2009, in response to criticism from a number of municipalities over rising costs for
animal services, the County Health Agency· and Administrative staff, working with
representatives of the cities, including Chief Annibali, conducted an animal services study.
The study identified specific animal services provided to the cities, data collection elements
Item 8.e. - Page 1
CITY COUNCIL
CONSIDERATION TO CONTRACT FOR ANIMAL CARE AND CONTROL SERVICES
AUGUST 13, 2013
PAGE2
and an allocation and fee setting methodology with the intent of gaming a clearer
understanding of the rate setting process. This study has resulted in improved services
and a reduction in costs for the City of Arroyo Grande.
ANALYSIS OF ISSUES:
The Service Based Methodology model adopted in 2010 allocates costs and revenues to
the cities (and to the County for unincorporated areas) based on each city's actual use of
services and revenue generated. Usage is measured by allocating actual field calls, animal
impounds, and licenses issued (allocated by address of animal owner). This method
provides a more direct and measurable relationship between the actual amount of service
being provided to a city, combined with the actual revenue generated by a city through
animal licenses and other fees, and the costs charged to the city for that service. Cities
that have a lower rate of service and/or generate more off-setting revenue pay lower
contract fees than cities with higher usage rates and/or generate less off-setting revenue.
The City of Arroyo Grande benefits under this methodology by having a service population
that is highly responsible with regards to pet ownership.
The proposed contract provides for the provision of Animal Care and Control services to
the City of Arroyo Grande for three years, through June 30, 2016. Services include, but are
not limited to:
• Sheltering and medical care of stray, owner surrendered, confiscated, and
quarantined household animals.
• Reunification of sheltered animals with owners or adopted into new homes.
• Receipt and publication of lost and found animal reports.
• Response to calls for service from the Police Department or residents for stray or
loose animals, dangerous or vicious animals, bite and neglect/abuse investigations,
potential rabies exposure investigations and quarantines, pick up of deceased
animals.
• Regulation of breeders and sales of domestic animals.
• Animal-related nuisance investigation.
• Enforcement of State and local animal-related laws.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staffs recommendation to approve the contract with the County of
San Luis Obispo;
2. Do not approve staffs recommendation and direct staff to seek alternatives
for animal services; or
3. Provide Direction to staff
Item 8.e. - Page 2
CITY COUNCIL
CONSIDERATION TO CONTRACT FOR ANIMAL CARE AND CONTROL SERVICES
AUGUST 13, 2013
PAGE3
ADVANTAGES;
Approval of the Contract for Animal Care and Control Services will enable the City to
provide continuity in animal services and will result in a budget savings.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The public impacted by the proposal is the Arroyo Grande Police Department's service
population. The public has been made aware of the proposal before Council by a posting
of the Agenda in the front of City Hall on Thursday, August 8, 2013 and on the City's
website on Friday, August 9, 2013. No public comments have been received to date.
ATTACHMENTS
1. Contract for Animal Care and Control Services
Item 8.e. - Page 3
CONTRACT
FOR
At'IJIMAL CARE AND CONTROL SERVICES
ATTACHMENT 1
THIS CONTRACT is made and entered into by and between the County of San Luis Obispo, a
public entity in the State of California, ("County") and, Arroyo Grande, an incorporated city in
the State of California, ("'City").
WITNESSETH:
WHEREAS, County has established the Division of Animal Services to provide animal
care and control functions including the enforcement of the ordinances of San Luis Obispo
County Code Title 9 and of California state codes pertaining to the care. keeping, and
management of animals; and
WHEREAS, County, through Animal Services, maintains and operates an animal
shelter and a hwnane education program; and
WHEREAS, City is desirous of contracting with County for the provision of such
services;
NOW THEREFORE. in consideration of the covenants, conditions, agreements, and
stipulations set forth herein, the parties hereby agree that County shall perform the services
described herein for the compensation set forth herein, subject to the terms and conditions set
forth herein.
1. Services. The parties agree to perform the services described in Exhibit A, attached
hereto and incorporated herein by reference as if set forth in full at this point.
2. Compensation. The parties agree to the compensation described in Exhibit B,
attached hereto and incorporated herein by reference as if set forth in full at this point.
3. Duration. The parties agree to the duration described in Exhibit C. attached hereto
and incorporated herein by reference as if set forth in full at this point.
4. General Conditions. The parties agree to the general conditions described in Exhibit
D, attached hereto and incorporated herein by reference as if set forth in full at this point.
5. Notices. Notices required in this contract shall be provided to:
COUNTY
Eric Anderson, DVM
Animal Services Manager
PO Box 4110
San Luis Obispo, CA 93406
CITY
Steven N. Annibali
Chief of Police
200 North Halcyon Road
Arroyo Grande. CA 93420
Page 1 of2
Item 8.e. - Page 4
IN WITNESS WHEREOF, the parties have executed this agreement as of the date set
forth below. · ·
CITY OF ARROYOGR.Al\JDE
• An Incorporated City in the State of California
By:-------------
TONY FERRARA
Mayor ~f the City of Arroyo Grande
ATTEST:
By: ____________ _
KELLY WETMORE
City Clerk ofthe City of Arroyo Grande
COUNTY COUNSEL:
APPROVED AS TO FORM AND LEGAL EFFECT:
· RITA NEAL Cotlnty Counsel
By: ____________ _
CARRIE WINTERS
Deputy County Counsel
CQUNTY OF SAN LUIS O_BISPO
A Public Entity in the State of California
By: ____________ _
PAUL TEIXEIRA
Chairtrtan of the. Board of Supervl.sors
ATTEST:
By: ____________ _
JULIE RODEWALD
County Clerk and Ex-Officio Clerk
.of ~he Board of Supervisors
Page 2.of2
Date
Date
Date
Date
Date
Item 8.e. - Page 5
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT A
SCOPE OF SERVICES
I) Countv Obligations. The County shall perform the following duties.
a) Sheller Services
i) Maintain, or cause to be maintained, an animal shelter whereat stray, owner
surrendered, confiscated. quarantined and custodially impounded household pets are
received and provided with appropriate care, housing, and shelter services in
accordance with state regulations, local ordinances, and policies governing the
humane treaunent of such animals.
ii) Provide services allowing sheltered animals to be returned to their O\.\'llers, adopted
into new homes, or to be humanely euthanized.
iii) Provide for the receipt and publication of lost and found animal reports.
iv) Provide services for the humane euthanasia of household pets and for the disposal of
their remains.
b) Field Services
i) Receive and respond to public calls for service related to alleged violations of local or
state codes pertaining to the care, keeping, treaunent, and management of animals.
ii) Provide for the response to any of the following circumstances 24 hours a day, seven
days a week:
(l) Domestic animals posing an active and present threat to public safety
(2) Domestic animals which are severely injured, ill, or in eminent risk and whose
owner is unknown or unavailable.
(3) Domestic or wild animal demonstrating signs of possible rabies infection.
( 4) Calls for assistance from Jaw enforcement or emergency response personnel.
(5) Reported animal bites where the animal remains in the area unconfined and whose
owner is unknown or unavailable.
(6) Loose livestock roaming on roadways or other public areas.
Exhibit A, Page 1 of 3
Item 8.e. - Page 6
iii) Provide for the response to any of the following during Animal Services' normal
business hours:
( 1) Pick-up and impoundment of unlimited nwnbers of stray confined, domestic
animals.
(2) Pick-up and disposal of unlimited numbers of dead domestic animals from
roadways, parks, and other public areas.
(3) Pick up and transfer to shelter of owned animals for surrender or euthanasia
( 4) Pick up of dead O\\ned animals for disposal
iv) Provide for the necessary medical treatment and emergency care for domestic animals
picked up by Animal Services personnel and for those domestic animals presented
directly to veterinarians by private citizens and emergency response personnel.
v) Provide for the receipt, processing and investigation of animal bite reports as well as
the subsequent quarantine of animals in accordance with state codes pertaining to
rabies control.
vi) Receive and respond to reports of animals, domestic or wild, which are suspected to
be rabid or to have been exposed to rabies infection and attempt to affect their
capture. Caprured animals will be processed in accordance with state codes pertaining
to rabies control.
vii)Receive and process all applications related to the keeping and sale of household pets;
inspect and regulate permitted operations in accordance with local and state codes.
viii) Provide for the recording, investigation, administrative hearings. and issuance of
findings and orders related to animal nuisances, animal seizures or confiscations, and
dangerous or vicious animals. Nuisances which remain unresolved following the
issuance of an abatement order will be processed to court through the City Attorney's
office.
ix) Assist in the preparation and filing of court documents related to the civil and/or
criminal prosecution of cases involving violation of municipal codes pertaining to the
care, treatment, and keeping of domestic animals.
x) Provide for the preparation, filing and civil or criminal prosecution of cases involving
violations of California state codes pertaining to the care, treatment, and keeping of ·
domestic animals.
c) Reporting: Provide to the City bi-annual service activity and financial reports reflecting
field services, licensing, shelter operations, and humane education programs. Reports will
detail this information for both the individual quarter and year-to-date.
Exhibit A, Page 2 of 3
Item 8.e. - Page 7
2) Citydbligatic:ms. The City shall perfonn the following duties.
a) Ordinance Conformity: Adopt, either by direct incorporation in the municipal code or by
way ofreference, animal control ordinances which are in confonnity to and are not in
~ubstantial conflict or in variation from Chapter 9 of the San Luis Obispo _County Code.
b) Pros.ecution o/Mrmicipa/ Code Violations: Through the City Attorney, provide for the
preparation, filing and civil or criminal prosecution of cases involving violation of
municipal codes, pertaining to the care, treatment, and keeping of animals, including all
such codes incorporated into the muni~ipa1 code py way of reference. ·
c) Assistance: Provide such assistance and support to Animal Servi('.es p~r~onnel as m_ay be
reasonably necessary to safely and effectively execute the operations required by this
contract within the.City limits.
3) Animal Care and Control Coordination Group: The County and Citr agree to meet and
confer periodically, along with other parties contracting for like services, to di5cuss current
issues as they relate to the fiscal and practical application of this contract. Such meetings
shall be coordinated by the Animal Services Manager from time to time·as becomes
necessary, but no less than once annually;
Exhibit A, Page 3 of 3
''
i;
. ' '
Item 8.e. - Page 8
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVfCES
EXHIBIT B
COMPENSATION
· 1) First Year Ser\iice Fee: The City agrees to pay to the County the amount of $60,393 for
services provided under this Contract during the first year of service .
. -2) Subsequent Years' Service Fee: The County shall compute on an annual basis a service fee
assessed to the City for services provided under this Contract.
3) Timing of Service Fee: The County shall calculate annual service fees and provided them to
the City prior to April 15•h of each year, with service fees becoming effective on July 151 Of
that year. No further action by either party is necessary to implement new tees in subsequent
years.
4) Ser\iice Fee Methodology: The County shall use a service based methodology for
determining city service fees. The service based methodology shall be based on four key
facets of AnimalServices' operations:
• Field Service
• Licensing
• Shelter Operations
• Education Services
a) Delermination of Cost of Service -The cost of providing services to the City will be
calculated by determining the average percentage of service allocated to the. City' over the
preceding three years for each of the four facets of operatio~ an~ multiplying this
percentage against Animal Services operational cost: for each facet. Combined, this then
represents the City's total 5ervice cost in proportion to the County and all other
contracting parties.
b) Credit for Fees -The average annual revenue generated frotn fees or fines assessed
directly to residents of the City by Animal Services over the preceding three years will be
applied against the City's total service cost.
c) Determination of Service Fee ,.... The fee assessed to the City for provision of services
outlined in this,contract shall be.determined by subtracting the average revenue as
determined by item 4b of this exhibit from the average cost of service as determined by
item 4a of.this exhibit. ·
5) Billing -County shall bill City for contracted servkes ip quarterly increments. City shall
reniit payment to the County within thirty (30) days of receipt of billing. ·
Exhibit B, Page I of l
Item 8.e. - Page 9
CONTRACT
.FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBITC
DURATION
1) Effective Date: This contract shall be effective July l, 2013 or fifteen (15) days following of
the date of the signature of the County, whichever is later. The County shall be the last to
sign this contract.
2) Service Date: City and County acknowledge that the services provided under this contract are
a continuation of those established during the preceding contract term and that these services
may have been provided uninterruptedly between July 1, 2013 and the date of execution by
the County in order to ensure the interest of public service.
a) Both City and County expressly and retroactively authorize the provision of those
services.
b) For the purposes of billing and determination of the First Year Service Fee as provided in
Exhibit B, the first year of service will be presumed to have begun on July 1, 2013.
3) Duration: The term of this Contract shall expire June 30, 2016 unless terminated sooner as
provided in Exhibit D.
Exhibit C, page Page 1 of 1
Item 8.e. - Page 10
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBITD
GENERAL CONDITIONS
I) Termination: Either party may terminate this contract at any time by giving the other party
thirty (30) days written notice of termination. Termination for convenience shall have no
effect upon the rights and obligations of the parties arising out of any services provided
occurring prior to the effective date of such termination. County shall be paid for all work
satisfactorily completed prior to the effective date of termination. In the event that the
contract is terminated prior to the conclusion of a quarterly billing cycle, the City shall remit
to the County a prorated amount based upon the number of days of service relative to the
total number of days in the billing cycle.
2) Indemnification: Nothing in the provisions of this Contract is intended to create duties or
obligations to, or rights in third parties not party 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 \.\ith any work, authority or jurisdiction delegated
to the County under this Contract. 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 forth or on account of injuries or death of any person or damage to property resulting
from anything done or omitted to be done by the County under this Contract 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 Contract. It is also understood and agreed that pursuant to Government
Code Section 895.4, the 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 fourth on account of injuries 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.
3) Notices: Any notice, payment, statement, or demand required or permitted to be given
hereunder by either party to the other shall be effected by personal delivery in writing or by
mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses
Exhibit D, Page l of 3
Item 8.e. - Page 11
appearing below, but each party may change its address by written notice in accordance with
this section. Mailed notices shall be deemed communicated as of three days after mailing.
Notices for County shall be addressed to:
Eric Anderson
Animal Services Manager
PO Box 4110
San Luis Obispo, California 93406
Notices for Contractor shall be addressed to:
Steven N. Annibali
Chief of Police
200 North Halcyon Road
Arroyo Grande, CA 93420
4) Status of the Parties' Officers/Employees/ Agents: Neither party's officers, employees,
agents, partners, other contractors or subcontractors shall be deemed to be employees of the
other party at any time. Nothing in this contract shall be construed as creating a civil service
employer-employee relationship or a joint venture relationship. No officer, employee, agent,
partner. other contractor or subcontractor of the other party shall be eligible for membership
in or any benefits from any plan for hospital, surgical, or medical insurance, or for
membership in any retirement program, paid vacation, paid sick leave, other leave, with or
without pay, collective bargaining rights, grievance procedures, appeals to the Civil Service
Commission or any other benefits which inures to or accrues to an employee of the other
party. The only performance and rights due the other party are those specifically stated in this
contract.
5) Governing Law and Venue: This Contract shall be governed by and construed in accordance
with the laws of the State of California Additionally, this contract has been formed and shall
be performed in San Luis Obispo County; the venue for any legal action on the contract shall
be in San Luis Obispo County.
6) Entire Agreement: This Contract embodies the complete agreement of the parties hereto,
superseding all oral or written previous and contemporary agreements between the parties
relating to matters herein; and except as otherwise provided herein, cannot be modified
without the prior written agreement of the parties.
7) Severabilitv: In case any one or more of the provisions contained in this Contract shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this Contract
shall be considered as if such invalid, illegal, or unenforceable provision had never been
contained in this Contract.
8) Successors and Assigns: This Contract shall be binding upon and insure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors and, except as
otherwise provided in this Contract, their assigns.
Exhibit D, Page 2 of 3
Item 8.e. - Page 12
9) Captions: The captions to the various clauses of this Contract are for information purposes
only and shall not alter the substance of the terms and conditions ofthis Contract.
I 0) Authorization: Each of the parties represents and warrants to the other that this Contract has
been duly authorized by all necessary corporate or governmental action on the part of the
representing party and that this Contract is fully binding on such party.
Exhibit D, Page 3 of 3
Item 8.e. - Page 13
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Item 8.e. - Page 14