CC 2019-08-13_08i Contract for Animal Care and Control ServicesMEMORANDUM
TO: CITY COUNCIL
FROM: JIM BERGMAN, CITY MANAGER
SUBJECT: CONSIDERATION OF CONTRACT FOR ANIMAL CARE AND CONTROL
SERVICES
DATE: AUGUST 13, 2019
SUMMARY OF ACTION:
Approval of a contract for animal care and control services with the County of San Luis
Obispo for $67,560.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
This new contract will provide for contract animal services effective July 1, 2019, or fifteen
(15) days following the date of the signature of the County, whichever is later, through
June 30, 2022. This contract uses the costing methodology that resulted from the animal
services study by the Animal Services Committee. The revised “Service Based
Methodology” has resulted in significant cost reductions for the City over the past three
contracts. The proposed first year cost for FY 2019-20 is $67,560. That cost represents
an additional reduction of $11,725 from the FY 2018-19 budget. A total of $85,000 in the
General Fund is budgeted in FY 2019-20 for animal services, which will cover the
$67,560 cost.
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
$67,560 and authorize the Mayor to execute the Agreement.
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. The first three-year contract
with the County of San Luis Obispo to provide animal services within the City's
boundaries was approved and executed by City Council in August 2013. The current
contract, approved by City Council July 26, 2016, expired on June 30, 2019.
In 2009, in response to concerns from a number of municipalities over rising costs for
animal services, the County Health Agency and Administrative staff, working with
Item 8.i. - Page 1
CITY COUNCIL
CONSIDERATION OF CONTRACT FOR ANIMAL CARE AND CONTROL SERVICES
AUGUST 13, 2019
PAGE 2
representatives of the cities conducted an animal services study. The study identified
specific animal services provided to the cities, data collection elements and an
allocation and fee setting methodology with the intent of gaining 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 and licensing.
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, 2022. 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 the contract with the County of San Luis Obispo;
2. Do not approve the contract and direct staff to seek alternatives for animal services;
or
Item 8.i. - Page 2
CITY COUNCIL
CONSIDERATION OF CONTRACT FOR ANIMAL CARE AND CONTROL SERVICES
AUGUST 13, 2019
PAGE 3
3. Provide direction to staff.
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 budget savings.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENT:
1. Contract for Animal Care and Control Services
Item 8.i. - Page 3
Page 1 of 2
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
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, the City of 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 humane 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 CITY
Eric Anderson, DVM James Bergman
Animal Services Manager City Manager
PO Box 4110 300 E Branch Street
San Luis Obispo, CA 93406 Arroyo Grande, CA 93420
Item 8.i. - Page 4
Page 2 of 2
IN WITNESS WHEREOF, the parties have executed this agreement as of the date set
forth below.
CITY OF ARROYO GRANDE
An Incorporated City in the State of California
By: _________________________________ ___________________________
JAMES BERGMAN Date
City Manager
ATTEST:
By: _________________________________ ___________________________
KELLY WETMORE Date
City Clerk
COUNTY COUNSEL:
APPROVED AS TO FORM AND LEGAL EFFECT:
RITA NEAL County Counsel
By: _________________________________ ___________________________
Date
Deputy County Counsel
COUNTY OF SAN LUIS OBISPO
A Public Entity in the State of California
By: _________________________________ ___________________________
DEBBIE ARNOLD Date
Chairman of the Board of Supervisors
ATTEST:
By: _________________________________ ___________________________
WADE HORTON Date
Ex-Officio Clerk
of the Board of Supervisors
Item 8.i. - Page 5
Exhibit A, Page 1 of 4
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT A
SCOPE OF SERVICES
1. County Obligations. The County shall perform the following duties.
a) Shelter 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 treatment of such animals.
ii) Provide services allowing sheltered animals to be returned to their owners, 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, treatment, and management of
animals.
ii) Provide for the response to any of the following circumstances 24 hours a day,
seven days a week:
(1) 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 law 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.
Item 8.i. - Page 6
Exhibit A, Page 2 of 4
iii) Provide for the response to any of the following during Animal Services’ normal
business hours:
(1) Pick-up and impoundment of unlimited numbers 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 owned 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) Request assistance from the San Luis Obispo County District Attorney’s Office
Bureau of Investigations when an animal bite results in significant injury causing
death or likely to cause death or in any case Animal Services believes may require
significant criminal investigation beyond the experience of Animal Services
Officers.
vii) 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. Captured animals will be processed in accordance with state codes
pertaining to rabies control.
viii) 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.
ix) 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.
x) 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.
Item 8.i. - Page 7
Exhibit A, Page 3 of 4
xi) 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.
2. City Obligations. The City shall perform the following duties.
a) Ordinance Conformity: Adopt, either by direct incorporation in the municipal code or by
way of reference, animal control ordinances which are in conformity to and are not in
substantial conflict or in variation from Chapter 9 of the San Luis Obispo County Code.
b) Prosecution of Municipal 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 municipal code by way of reference.
c) Assistance: Provide such assistance and support to Animal Services personnel as may 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 City agree that Animal
Services is a shared interest of all parties and that all participating jurisdictions will
share in the cost and revenue generated based on actual costs and fees generated in
each jurisdiction. Further, policy-setting and procedure development will happen in a
collaborative manner, with all partner jurisdictions having input into the best way to
conduct these services in San Luis Obispo County.
To coordinate efforts, the participating jurisdictions, including the City and County
agree to meet and confer periodically to discuss current issues as they relate to the
fiscal and practical application of this contract, along with other potential items
identified by the group. Such meetings shall be coordinated by the Health Agency
Director from time to time as necessary, but no less than once quarterly.
This group commits to a goal of reducing animal intakes and total animal nights by an
average of 5% annually for the next five years while maintaining the compassionate
and responsible provision of services and improving Animal Services revenues to
decrease the net cost of the service. The targeted reductions are to be accomplished
primarily by reducing the need for services and the costs of those services, not by
reducing or denying needed services.
As part of this commitment, the County agrees to develop performance benchmarks
and communicate them quarterly to the group on the following:
Item 8.i. - Page 8
Exhibit A, Page 4 of 4
a) Cost of Services/per Capita (by City) over time.
b) Cost of services/per City over time.
c) Number of Full-Time Equivalent (FTE) positions within Animal Control over
time.
d) Number of field FTE within Animal Control over time.
e) Geographical Information Service (GIS) heat maps of calls for service over
time by City (requested development from County IT Department, maps to be
provided when available).
f) Average response times by call types over time by City.
g) Percentage of animals licensed by the City over time.
h) Other data points charted out over time that were used to spread out the Animal
Shelter costs.
In the first quarter of year one of this contract, the group will propose Ordinance
updates aimed at lowering domestic animal populations and costs and increasing
animal services related revenues. The County agrees to present the collaborative
Ordinance updates for consideration by the County Board of Supervisors. The City
agrees to present the Ordinance updates for consideration by their City Council.
Item 8.i. - Page 9
Exhibit B, Page 1 of 1
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT B
COMPENSATION
1) First Year Service Fee: The City agrees to pay to the County the amount of $67,560 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 15th of each year, with service fees becoming effective on July 1st of
that year. No further action by either party is necessary to implement new fees in subsequent
years.
4) Service 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 Animal Services’ operations:
Field Service
Licensing
Shelter Operations
Education Services
a) Determination 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 operations and multiplying this
percentage against Animal Services operational cost for each facet. Combined, this then
represents the City’s total service cost in proportion to the County and all other
contracting parties.
b) Credit for Fees – The average annual revenue generated from 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 services in quarterly increments. City shall
remit payment to the County within thirty (30) days of receipt of billing.
Item 8.i. - Page 10
Exhibit C, page Page 1 of 1
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT C
DURATION
1) Effective Date: This contract shall be effective July 1, 2019 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, 2019 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, 2019.
3) Duration: The term of this Contract shall expire June 30, 2022 unless terminated sooner as
provided in Exhibit D.
Item 8.i. - Page 11
Exhibit D, Page 1 of 3
CONTRACT
FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT D
GENERAL CONDITIONS
1) 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 with 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 affected by personal delivery in writing or by
mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses
Item 8.i. - Page 12
Exhibit D, Page 2 of 3
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:
James Bergman
City Manager
300 E Branch Street
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) Severability: 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.
Item 8.i. - Page 13
Exhibit D, Page 3 of 3
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 of this Contract.
10) 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.
Item 8.i. - Page 14