HomeMy WebLinkAbout7.02 Animal Control Services Contract Review 50 0-30
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 26, 1990
SUBJECT: Animal Control Services Contract Review
(Prepared by: Paul S. Rankin, Assistant City Manager)
EXHIBITS ATTACHED: o Current Field Service Agreement
o Current Shelter Agreement
RECOMMENDATION: 1 eceive Staff Report; Provide Input on Services.
FINANCIAL STATEMENT: Estimated 1989-90 Expenses: $49, 475
Recommended 1990-91 Budget: $54,330
DESCRIPTION: In June of 1989, the City Council approved a 3-year
agreement with Alameda County Animal Control for the provision of Field
Services. These services are provided through the Department of Field
Services within the Alameda County Sheriff's Department. The provision of
Animal Control Services is divided into two basic components. One
component is Field Services, which includes the patrol and impounding
functions. The second area is the shelter service, which involves the
operation of the Santa Rita Shelter. The Shelter Agreement is a continuous
agreement which automatically renews each year. The current agreement was
approved by the City in August of 1983.
Field Services
The basic patrol function includes: investigation of complaints and dog
bites, dead animal pick-up, issuance of citations, and the sale of dog
licenses. The City pays for these services on a proportional basis of the
staffing which has been assigned to the City of Dublin. Since the time of
incorporation, this staffing has remained constant at .38 of a full-time
equivalent Sheriff's Technician and . 11 of a full-time Clerk Ii.
City Staff also review reports prepared by Animal Control in the event of a
dog bite. The City's Animal Control Ordinance has a procedure for a
vicious dog hearing in the event that a bite or attack occurs. The hearing
provides a procedure in which measures can be imposed to: control, confine,
destroy, or place other restrictions on the dog. The primary purpose of
the hearing process is to limit exposure in the event that a repeat attack
occurred. The City has an obligation to investigate and take appropriate
measures in the event of dog bites.
Typically, the hearings are conducted by the Assistant City Manager. This
does require a City Administrative staff time in order to prepare: notices
of the hearing, minutes of the hearing record, and a notice of the final
findings associated with the hearing process. From October of 1988 through
June of 1989, the City conducted ten vicious dog hearings. To date in the
1989-90 Fiscal Year only three hearing have been held. By having the City
conduct the hearing, services to residents are improved. If this were not
the case, residents would be required to attend the hearing at Animal
Control Headquarters in San Leandro.
The Field Service Statistics
The Sheriff's Department has reorganized some of the support services
provided to the Animal Control Division. This change has resulted in all
record keeping including dog license issuance and maintanance of other
records from a central office. The Sheriff's Department has the
Consolidated Criminal Records Division (CCR) , which is located in Hayward,
providing these support services. This division also generates all billing
associated with the contract service.
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COPIES TO:
Chief Moore, Dept of Field Services
Sgt. Tarnow, Dept of Field Services
ITEM NO.
In preparing the 1990-91 Budget, Staff noted several discrepancies in
individual performance measures when compared over five year period. Lt.
Fred Hagan oversees the supervision of CCR and Staff has had the
opportunity to discuss with him the flucuation in the work measures.
Traditionally these measures were used to evaluate the services provided.
Lt. Hagan has assured City Staff that the figures reported by his division
reflect the actual work load. It is difficult to pinpoint exactly why the
previous data may have differed. In addition, Lt. Hagan has indicated that
in the upcoming year, the Animal Control function will also be reporting
information on the Alameda County computer aided dispatch/records
management system. The Animal Control Department anticipates that this
system will allow more accurate data to be captured and also provide the
City with an opportunity to customize the reports based on information
which we feel is important. Staff intends to meet with Lt. Hagan in the
near future in order to evaluate how these changes can improve the
information received. This will also allow for a consistent comparison
over more than one year.
Given the change in responsibility for record keeping, a comparison of
statistics over time does not provide useful information for the current
year. Therefore, the following information . identifies the estimated
workload indicators for 1989-90. The information presented is based on
actual data through the month of May and an estimate of the workload for
the remaining month of the Fiscal Year.
Estimated 1989-90 Workload Measures
Estimated Total
For Fiscal Year
Number Impounded 337
Animal Bites 25
Complaints 35
Citations 51
Injured Animals Treated 10
Total Dead Animal Pick Up * 364
Number of Dog Licenses Sold 459
*Note: This category includes service provided to Veterinarian establish-
ments. This accounts for approximately 70 percent of the total dead
animals collected.
The Sergeant who supervises the Patrol function reviewed with his staff,
the level of services being provided. The Field personnel who have been in
the field for more than one year felt that the level of activity was
consistent with previous years. In addition, Alameda County has indicated
that they could not provide additional manpower, which would be less than a
full-time position. In that scenario, the City would be responsible for
providing a vehicle. The current workload does not appear to warrant a
full-time position. Therefore, no change in staffing has been recommended
in the proposed Fiscal Year 1990-91 Budget.
Shelter
Alameda County operates an animal shelter at Santa Rita. In addition to
serving the unincorporated areas of eastern Alameda County, the facility is
used to impound animals from the Cities of Dublin, Livermore, and
Pleasanton. Each of the agencies using the facility pays a proportionate
share of the cost of operations. The share to be paid is determined by the
percentage of live animals handled from each jurisdiction.
The City of Dublin's share of the Shelter Operating Expense has fluctuated
over the years. The following shows the breakdown for the last three
years:
Percentage of Shelter Expense
Fiscal Year Attributable to Dublin
1987-88 14%
1988-89 15.5%
1989-90 13.5%
The Sheriff's Department has restructured a variety of duties within the
past two years. The most recent change involved changes in personnel
assigned to the Santa Rita Shelter. This has resulted in increased costs
which will be shared by each of the agencies. The following breakdown
shows City of Dublin expenses for Shelter Services:
Estimated 1989-90 Recommended 1990-91
$18, 000 $22,850
Although this represents a 27 percent increase, the funding of the Shelter
jointly with other public agencies continues to be the most effective
method of providing the service.
The total operation of the Santa Rita Shelter requires nearly $200,000 in
funding. The following is a breakdown of the expenses shared by all
participating agencies:
1990-91 Estimated Costs
Santa Rita Shelter
Salaries & Benefits $140,206
Services & Supplies 35,487
Indirect Costs 20, 644
Total $196,337
The total cost is reduced by any fees collected for boarding and other
services provided. As noted above, the City of Dublin's 1989-90 share was
13.5%. Based on this figure, the City would expect to pay $26,505 in 1990-
91. However, it is anticipated that $3,655 in revenue will reduce the
City's contribution to $22,850, which is the amount contained in the Fiscal
Year 1990-91 recommended budget.
Proposed New Shelter
For several years, Alameda County has been discussing. with the agencies
they service, the possibility of constructing a new shelter. The existing
building is unsuitable for the long term needs. Also, the current location
conflicts with conceptual plans for the former Santa Rita Jail property.
The City Managers of Dublin, Pleasanton, and Livermore have met with
representatives of the County Administrator's Office. The group has worked
on a conceptual framework for a jointly funded shelter. The principal
location being considered is on Alameda County property adjacent to the new
jail and proposed government center. It is anticipated that the cost of
developing the facility will be in excess of $3.2 million. Given the
significant expenditure, it is anticipated that each agency will have an
option to finance their contribution over time. The current estimates of
the City of Dublin's share of the construction costs range from $651,000 to
$813,750. The agencies are also considering the opportunity to include San
Ramon in the project. Currently, animals impounded from that City are
taken to Martinez. The inclusion of an additional agency would reduce the
final cost to all agencies.
Staff is hopeful that in the upcoming year an agreement will be developed
and presented to each agency. This will allow the project to get started.
It should be noted that funding for this project has not been included in
either the proposed City of Dublin 1990-91 Budget or the 1990-1995 Capital
Improvement Program. Staff believes that it is premature to include the
project until more information is known about the scope and structure of
the financing.
Licensing
Animal Control costs are partially offset by revenues generated from animal
licenses. Current license fees are:
Basic Fee Fee if Spayed or Neutered
Three Year License $22. 00 $11. 00
Two Year License 18. 00 9. 00
One Year License 12. 00 6. 00
In addition, owners who are age 62 and older only pay one-half of the
appropriate fee shown above. Due to the ability to purchase a license
covering more than one year, the revenue generated by each license sold
will tend to fluctuate.
Experience has shown that license compliance is very difficult without
expending significant resources for a door to door canvass. The City has
attempted to make license forms readily available at Veterinarians and
rabies clinics. However, these efforts have not resulted in an appreciable
change in the number of licenses sold.
Staff has discussed this concern with Animal Control representatives. Due
to current staffing levels, it is not possible at this time for the County
to devote personnel to a door-to-door canvass. Field Services
representatives have indicated a willingness to continue to review this
situation during the upcoming year. If the County has additional staff
available, even on an intermittent basis due to light duty assignments,
they will evaluate the possibility of having these individuals work on
licensing. Staff will also be reviewing in the upcoming year methods for
increasing the revenue from licensing.
Contract
Staff is not recommending any changes to the agreements for either shelter
or field services. As discussed above, it is anticipated that separate
agreement will be forthcoming on the design and construction of a new
shelter facility.
Conclusion
Staff recommends that the City Council review the contract performance and
provide any input. Representatives of Animal Control will also be in
attendance to answer any specific questions.
AGREEMENT
ANIMAL CONTROL FIELD SERVICES
THIS AGREEMENT, made and entered into this ,Y . day of t. U,21 1989,
by and between the COUNTY OF ALAMEDA, hereinafter referred to a "COUNTY" , and a<
the CITY OF DUBLIN, hereinafter referred to as "CITY" ; -s
a
RECITALS:
(a) Tile CITY is desirous of contracting with the COUNTY for the
performance of animal control field services within its boundaries by the
COUNTY of Alameda until June 30, 1992 .
(b) The COUNTY is agreeable to rendering such services on the terms
and conditions hereinafter set forth.
(c) Such contracts are authorized by Section 51300 et seq. of the
Government Code.
(d) The CITY and COUNTY may review annually, in May of each year,
the level of service provided within the CITY and mutually agree on
appropriate adjustments .
(e) The CITY and COUNTY agree that there shall be annual cost-of-
living adjustments and operational cost increases . Annual cost-of-living
shall include but are not limited to salary increases granted by the COUNTY.
The COUNTY shall review and update annually, in May of each year , the cost of
providing services to the CITY and provide the CITY with projected cost
adjustments .
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
I . SERVICES TO BE PROVIDED
a. The COUNTY agrees to provide animal control field services within the
corporate limits of the CITY to the extent and in the manner hereinafter
set forth.
Such services shall only encompass duties and functions of the type
coming within the jurisdiction of and customarily rendered by the Field
Services Department of the COUNTY.
The level of service shall be that same basic level of services as
shown on the Field Service Operations Chart attached hereto as Exhibit A
and made a part hereof by this reference . COUNTY may make adjustments
therein which are requested by the CITY if COUNTY has the capability to
provide said adjustments of service level .
The rendition of such services , the standard of performance and other
matters incidental to the performance of such services , and the control of
personnel so employed shall remain within the control of the COUNTY. In
event of dispute between the parties as to the extent of the duties and
functions to be rendered hereunder or the level and manner of performance
of such service, the COUNTY'S determination thereof shall be final and
conclusive as between the parties hereto.
Such service shall include the enforcement of State statutes and such
municipal animal control ordinance as the CITY may adopt that is
substantially the same as the COUNTY'S Ordinance.
b. To facilitate the performance of said functions , it is hereby agreed
that the COUNTY shall have full cooperation and assistance from the CITY,
its officers, agents , and employees .
C. For the purpose of performing said functions , COUNTY shall furnish
and supply all necessary labor, supervision, equipment and supplies
necessary to maintain the level of service to be rendered hereunder. In
all instances where special supplies , stationery, notices , forms and the
like must be issued in the name of the CITY, the same shall be supplied by
the CITY at its expense.
d. The CITY or COUNTY may terminate those animal licensing services
provided by the COUNTY to the CITY at any time during the term of the
contract upon providing the other party with thirty (30) days advance
written notice. Such notice shall be delivered by registered mail .
II . LIABILITY
a. All persons employed in the performance of such services and
functions for CITY shall be COUNTY employees , and no CITY employee as such
shall be taken over by COUNTY. No person employed hereunder shall have
any CITY pension , civil service , or other status or right.
b. CITY shall not be called upon to assume any liability for the direct
payment of any salary, wages , or other compensation to any COUNTY
personnel performing services hereunder for CITY, or any liability other
than that expressly provided for in this agreement.
Except as herein otherwise specified, CITY shall not be liable for
compensation of or indemnity to any COUNTY employee for injury or sickness
arising out of his employment.
C . The CITY shall assume liability and shall pay cost of defense and
hold the COUNTY harmless from loss , costs or expenses caused by the
negligent or wrongful act or omission of CITY officers , agents , and
employees occuring in the performance of this agreement to the extent that
such liability is imposed on the COUNTY by the provisions of Section 895.2
of the Government Code of the State of California. In addition, when
liability arises pursuant to Section J30, et seq. , of the Government Code ,
by reason of a dangerous condition of public property of the CITY, the
CITY shall assume liability and pay cost of defense and hold the COUNTY
harmless from loss , costs or expenses caused by the negligent or wrongful
act or omission of CITY officers , agents , and employees arising in the
performance of this agreement.
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d. The COUNT ► 11 assume liability and pay c, of defense and hold the
CITY harmless fronr .loss , costs or expenses caused by the negligent or
wrongful act or omission of COUNTY officers , agents , and employees
occuring in the performance of this agreement to the extent that such
liability is imposed on the CITY by the provisions of Section 895.2 of the
Government Code of the State of California. In addition, when liability
arises pursuant to Section 830, et seq. , of the Government Code, by reason
of a dangerous condition of the public property of the COUNTY, the COUNTY
shall assume liability and pay cost of defense and hold the CITY harmless
from loss , costs or expenses caused by the negligent or wrongful act or
omission of COUNTY officers , agents , and employees arising in the
performance of this agreement.
III . INSURANCE
That insurance agreement between CITY and COUNTY which is in effect
during the term of this agreement shall apply hereto and is fully
incorporated herein by reference.
IV. COST OF BILLING PROCEDURES
a. CITY shall pay COUNTY the actual cost to the COUNTY of services
provided under this agreement at rates determined by COUNTY in accordance
with the policies and procedures established by the Board of Supervisors.
b. The COUNTY shall bill CITY for services quarterly. The CITY shall pay
COUNTY within thirty (30) days from the date of billing.
If such payment is not received by COUNTY at the office which is
described on said billing within thirty (30) days after the date of
delivery of said billing, COUNTY is entitled to recover interest thereon.
Said interest shall be at the rate of one (1 ) percent per calendar month
or any portion thereof calculated from the date of delivery of said
billing.
C. COUNTY agrees that all dog license fees which it collects for dog
licenses issued by COUNTY to residents of CITY shall be remitted to the
CITY quarterly.
d. CITY agrees that whenever animals from within the boundaries of the
CITY are delivered to animal shelters operated by or on behalf of COUNTY,
the CITY shall pay for the treatment and shelter of said animals ,
reptiles , and fowl at rates to reflect the cost of such shelter and
treatment as determined by the COUNTY. This provision shall not be
effective whenever CITY contracts separately for shelter services from
COUNTY.
e. Notwithstanding anything to the contrary herein contained, this
agreement shall be sooner terminated at any time that CITY fails to enact
and to maintain in full force and effect, including the amount of fees
provided, an animal control ordinance substantially the same as the
provisions of the COUNTY'S Ordinance.
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' f. The COUNTY agrees to keep separate records for CITY. Such records
shall be open for examination by CITY during all business hours .
V. DURATION AND TERMINATION
This agreement shall have an effective date of July 1 , 1989, and
unless sooner terminated as provided herein, this agreement shall
terminate June 30, 1992. This contract may be modified at any time by
mutual written consent or terminated upon Six (6) Months prior written
notice by either party.
ATTES
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Ci iCTT� OF DUB �N
y May
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ty Cle y
APPROVED AS TO FORM:
c City Attorney
ATTEST:
William Mehrwe i n OUNTY 0_F—AL-A14E
Clerk of the Board of S pervisors ------
r J: _ _
By By:
Deputy Cha rman, Board of Sup, rviscrs
APPROVED AS TO FORM:
County Counsel
By: t
Deputy
I hereby certify under penalty of perjury that the Chairman of the
Board of Supervisors was duly authorized to execute this document on behalf of
the County of Alameda by a majority vote of the Board on hIII, •d.-iiiIi
and that a copy has been delivered to the Chairman as provided by Government
Code Section 25103.
Dated: f'1lll�,
WILLIAM MEHRWEIN, Clerk, Board of Supervisors
County of Alameda, State of California.
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jj��' n ` � /' LCcc�'•
By
Deputy
AGREEMENT r
1
ANIMAL CONTROL SHELTER SERVICES
THIS AGREEMENT, made and entered into this '� day 0 1983
1
by and between the COUNTY OF ALAMEDA, hereinafter referred to a4� OU'T'11, and
the CITY OF D UB L-IAI hereinafter referred to as "CITY".
RECITALS: --�
a. The CITY is desirous of contracting with the COUNTY for the f ) I
performance of animal control shelter services by the COUNTY of Alameda. V"
b. The COUNTY is agreeable to rendering such services on the terms and
conditions hereinafter set forth.
C. Such contracts are authorized by Section 51300 et seq. of the
Government Code.
THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I. SERVICES TO BE PROVIDED
1. COUNTY agrees to provide animal shelter services to CITY for
animals impounded pursuant to CITY's ordinance and state law at the level
established by the Alameda County Board of Supervisors. Such services shall
include, but not be limited to, receiving live animals at the County shelter;
providing live animals at the shelter with food, water, farrier and/or
veterinary care, euthanizing animals not otherwise adopted, redeemed, sold or
donated to adoption organizations, and disposing of dead animals. COUNTY
shall furnish and supply all necessary labor, supervision, equipment and
supplies except as otherwise required of CITY necessary to maintain the level
of service to be rendered hereunder.
I1. PAYMENT
1. CITY agrees to pay its pro rata share of the annual net cost of
shelter services in quarterly installments.
a. The CITY's pro rata share shall initially be its percentage
share of the total number of live animals handled at the shelter in the prior
fiscal year. If a city withdraws from the program or a new city participates,
the County shall equitably adjust the percentages.
b. The annual net cost of shelter services shall be the amount
budgeted by the County for the current year's cost of shelter services less
actual revenue collections for shelter services.
c. In the first quarter billing of the following fiscal year,
an adjustment shall be made to reflect the actual annual net cost of the
shelter services. Reasonable building improvement, depreciation and contract
shelter services may also be included in such costs.
2. COUNTY shall bill CITY for services quarterly. CITY shall pay
COUNTY within thirty (30) days from the date of billing.
3. If payment is not received by COUNTY at the office which is
described on said billing within thirty (30) days after the date of delivery
of said billing, COUNTY is entitled to recover interest thereof. Said
interest shall be at the rate of one (1) percent per calendar month or any
portion thereof calculated from the date of delivery of said billing.
III. GENERAL CONDITIONS
1. Animals picked up by CITY and delivered to County Shelter will
be held for the minimum time period as specified by County Ordinance.
2. All animals not redeemed within time period set by County
Ordinance may be sold or given away to any person other than the owner.
3. All animals not redeemed, sold, or given away pursuant to
County Ordinance shall be humanely disposed of by COUNTY.
4. An animal surrendered to CITY by owner for purposes of
euthansia shall be euthanized by CITY personnel, providing CITY accepts such
animal, prior to its delivery to COUNTY shelter.
5. Dead animals delivered by CITY to County shelter shall without
exception be placed into containers provided by COUNTY and will not have
collars, chains, bandages, flea/tick collars, etc. on the dead animals or be
delivered for disposal within anything other than said container.
6. COUNTY shall keep records of animal type, identifying marks,
and time and place of pickup.
7. The CITY shall complete and fill out standardized report forms
and shall be required to follow up or handle any of the CITY's own reporting
or notification procedures. COUNTY shall provide forms for CITY use only for
live or dead animals brought to County shelter.
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8. No sick or injured animal will be brought to shelter unless
and until it has been examined, properly treated and released by a
veterinarian. Animals deemed by COUNTY personnel to need veterinary care
shall not be received by COUNTY without written veterinary clearance to hold
them at the shelter.
9. The placement of animals in the shelter shall comply with all
procedures established by the County Director of Field Services.
10. Indigenous wild animals protected under State law picked up by
CITY must be turned over to the State Department of Fish and Game by CITY.
11. The COUNTY will collect CITY dog license fees only for dogs
redeemed or adopted from the County Shelter Facility. Those fees will be
remitted in full to the CITY.
12. COUNTY will charge fees for shelter services in the amount
established by resolution of the Board of Supervisors. Payment of such fees
may be waived only in accordance with County Ordinance.
13. CITY agrees to make all reasonable efforts to return licensed
dogs and other animals otherwise identified to an owner to their owner before
delivering such dogs or other animals to the County Shelter.
IV. NO CHANGE IN EMPLOYMENT EFFECTED HEREBY
1. For the purpose of performing such shelter services and for the
purpose of giving official status to the performance thereof, every COUNTY
officer and employee engaged in performing any such service shall be deemed to
be an officer or an employee of CITY while performing services for. CITY, which
service is within the scope of this agreement and is a municipal function.
2. All persons employed in the performance of such services and
functions for CITY shall be COUNTY employees, and no CITY employee, as such,
shall be employed by COUNTY, and no person employed hereunder shall have any
CITY pension, civil service, or other status or right in relation to CITY.
3. 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 for CITY, or any liability other than
that expressly provided for in this agreement.
-3-
, M
G :- I-r the compensation or indemnity to
any COUNTY employee for injury or sickness arising out of his employment.
COUNTY, its officers and employees, shall not be deemed to assume any
liability for intentional or negligent acts of CITY or of any officers or
employees thereof, and CITY shall defend, indemnify and hold harmless COUNTY,
its officers and employees against any claims for damages resulting
therefrom. ;ITY-shad-�efert�+-�
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V. TERM
This agreement shall commence on July 1, 1983, and shall continue
from year to year thereafter unless terminated. Either party may terminate
this agreement on June 30 of any year by written notice on or before April 1
of said year.
VI. MODIFICATION
This agreement may be modified in writing by mutual agreement of the
parties hereto at anytime.
ATTEST: t
By: �-c�C '� By r
ayor
i y er
APPROVED TO FO
By:
ity orney
ATTEST:
` 'By airman, oar o upe isors
County of Alameda
APPROVED AS TO FORM:
Ihnrn'•yp..•,•
RICHPIRD J OOKE, 6U TY C N EL the ls-,,rd stio- i ;,: ,.• :o !xeW2lhi7
documont on uE:�°i:t�,f ojro jarneaa')y a majority
V to of the Board on_ v 1 G �aJ.;anti that a copy hai
By: een delivered to the i hafrman as trovid d. y ernment
o de Section 25103.Attest: �11 �� _ lip�.12 ,
/ WILLIAM M iPJ,Clerk,Hoard of S ervisors,County of
Alameda, late of Ca. or is
BY