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HomeMy WebLinkAboutResolution 056-87 RESOLUTION NUMBER 56-87 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING RATIFICATION OF CONTRACT RENEWAL WITH THE COUNTY DEPARTMENT OF ANIMAL REGULATION FISCAL YEAR 1987-88 WHEREAS , a revised agreement for animal control services has been submitted to the City of Atascadero for ratification by the City of Atascadero; and WHEREAS, it is the desire of the City Council to continue receiving animal control services from San Luis Obispo County Animal Regulation Department; and WHEREAS, the City agrees to pay San Luis Obispo County any deficits between total revenue credited to City and City' s allocated costs (to a maximum of $35, 000.00) ; NOW, THEREFORE, the Council of the City of Atascadero resolves as follows: Section 1. Authorizes the Mayor to ratify the Fiscal Year 1987-88 agreement for animal control services with the County of San Luis Obispo Department of Animal Regulation. On motion by COUNCILMAN BOURBEAU and seconded by rnTTNCTLWOMAN MA KEY , the foregoing resolution is hereby adopted in its entirety by the following vote: AYES : COUNCILMEMBERS BOURBEAU, BORGESON, MACKEY & MAYOR NORRIS NOES: NONE ABSENT: COUNCILMAN HANDSITY DATE ADOPTED: 6/23/87 CITY OF ATASCADERO, CALIFORNIA BY , BARBARA NORRIS Mayor crh i ATTEST: .,1 } ` B}C 3D itis SHA TZ r. Ic;it� Irk By.: tIN64IWILKINS, Deputy City Clerk ' /APPR6V$D AS TO FORM: .1 J Er-N or r: < AGREEMENT FOR ANIMAL CONTROL SERVICES This Agreement is made and entered into this lst day of July, 1987, by and between the County of San Luis Obispo, hereinafter referred to as "County", and the City of Atascadero hereinafter referred to as "City". WITNESSETH: THAT WHEREAS, the City is desirous of contracting with the County for perform- ance 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 unincor- porated areas of the County; and WHEREAS, the interests of all citizens would be served by implementation of Animal Control Services in the incorporated communities of the County; and WHEREAS, the City is desirous of contracting for said Animal Control Service. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Definition a. "Animal" as used in this Agreement means any species of vertebrate creature. b. "Animal transaction for City" as used in this Agreement means any of the following actions taken by County on City's behalf; (1 ) Search; (2) Seizure; (3) Capture or attempted capture; (4) Bite investigations; (5) Issue of written warning or citation; (6) Pick-up and disposal of dead animal ; (7) Nuisance investigation (8) Care of injured animal ; (9) Adoption/Redemption/Destruction (10) Extended holds (11) Court/Proceedings C. "Animals sheltered for City" as used in this Agreement shall mean any animal delivered to the animal shelter from within a City's corporate limits. d. "Man-hour" as used in the Agreement shall refer to the services of any single County officer, agent, or employee for one hour. Man-hours shall be recorded to the nearest one-half (1/2) hour. e. "Overall Program Costs" as used in this Agreement shall mean total operating costs incurred in providing services of any single component, as herein- after described, to any unincorporated areas of County together with the total operating costs incurred in providing services of any single component to any incor- porated community within County contracting for said component. Such costs shall include the cost of any leased premises, equipment, and those subcontracted services as hereinafter described. f. "Emergency Services" as used in this Agreement shall mean those ser- vices provided by one or more animal control officers during hours other than regu- lar business hours in response to a call concerning animal bites, stray vicious ani- mals or situations in which animals are constituting a threat to public safety. Emergency services do not include responses to animal nuisances such as barking or stray dogs. g. "Court/Proceedings" as used in this Agreement shall mean actual time involved by one or more Animal Control Officer in conducting investigations, preparing documents and/or participating in court proceedings resulting from an incident within a City's corporate limits. 2. Services Components - The County agrees to provide all necessary labor, facilities, and equipment to supply the following animal control service components: a. General Administration - County agrees to provide management and supervision of the animal control program, to keep records and provide statements as hereinafter specified, to operate an animal release annex, to maintain a head- quarters with communication center and dispatcher service. These services shall hereinafter be referred to as the "general administration component". b. 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 Cities for changes or modifications to their City ordinance. This service shall hereinafter be refer- red to as the "Ordinance Review Component". C. Animal Control Enforcement - County shall enforce all City Animal Con- trol ordinances and State laws within City's corporate limits, investigate com- plaints, including complaints involving animal bites, and issue citations. These services shall hereinafter be referred to as the "animal control enforcement compo- nent", but services under this component shall not include enforcement of City ani- mal licensing ordinances, which is covered under the "licensing component", nor shall it include enforcement of zoning ordinances dealing with animals. d. Animal Shelter - The County maintains a pound and provides for the care, housing, and disposal of animals seized within City's corporate limits or delivered by City's residents. It is understood and agreed that the County may sub- contract the obligations of this paragraph to an independent contractor or at its option undertake to perform these duties itself. These services shall hereinafter be referred to .as the "animal shelter component". e. Public Education - County shall provide information to the public on the necessity of animal control as recommended by the Animal Regulation and Control Advisory Committee. This service shall hereinafter be referred to as the "public education component" . f. Licensing - County shall collect license fees, issue licenses and receipts for licenses, enforce City licensing ordinances, and enforce state and local rabies control laws. County may choose to conduct an animal vaccination clinic. These services shall hereinafter be referred to as the "licensing compo- nent" . g. Animal Population Control - County may choose to conduct a spay and neuter clinic. 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 Veteri- narians' Association, one representative from an Animal Welfare Society, one repre- sentative from the County Health Department, one representative from the Department of Animal Regulation, and one representative from the County Sheriff's Department. The Committee shall receive staff support from the Department of Animal Regulation. 4. S Lervision - The rendition of services specified in paragraph 2 of this Agreement, and matters incidental to the performances of said services, and the control of personnel so employed, shall remain in the County. 5. 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. 6. Special Supplies - It is agreed that in all instances wherein special sup- plies, tools, vehicles, equipment, stationery, notices, forms, and the like must be used in the performance of this contract on behalf of City, the same shall be sup- plied by City at its own cost and expense. 7. Employee Compensation and Liability - City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder, or any liability other than that provided in this Agreement. The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment. 8. Indemnification - County shall defend, indemnify and save harmless the City, its officers, agents and employees, from any and all claims, demands, damages, costs, expenses, or liability arising out of this contract or occasioned by the performance or attempted performance of the provisions hereof except those arising from the sole negligence or willful misconduct of the City, including, but not limited to, any act or omission to act on the part of the City or its agents or employees or other independent contractors directly responsible to it. 9. Employee Status -- All persons employed in the performance of the services and functions specified in paragraph 2 of this Agreement shall be County employees: no present City employee shall become a County employee by reason of this Agreement; and no person employed hereunder shall have any City pension, Civil Service, or any similar status or right. For this Agreement, and for the sole purpose of giving legal status to the performance of the duties and responsibilities herein, every County officer and employee engaged in the performance of any service hereunder shall , where necessary, be deemed an officer or employee of City while performing the services for City. 10. Prosecution - It shall be the duty of the City Attorney, exercising the discretion vested in his office, to prosecute violations of the City Animal Ordi- nance, and take appropriate legal action with respect to the abatement of any public nuisance involving animals occurring within City's corporate limits. 11. Term and Renewal - This Agreement shall be effective on the 1st day of July, 1987, and shall terminate on the 30th day of June, 1988, or the 30th day of June any year thereafter, provided that not later than March 15th next preceding said expiration date, either party shall notify the other in writing that it does not with to renew same. Otherwise, this Agreement will continue from year to year. 12. Allocation of Operating Costs - Charges to City for the services provided by County shall be computed on the following basis: a. Charges for general administration and ordinance review shall be $3.75 for each animal transaction for City (as defined in subparagraph l (b) of this Agreement) . A $3.75 charge shall also be applied for each animal delivered to the control facility by a resident of the City. The charges allocated to City pursuant to this subparagraph 12(a) shall be added to the charges made pursuant to subparagraphs 12(b) and (c) below when those charges are applicable. b. Charges for the animal control enforcement service component shall be $9.75 for each animal transaction (as defined in paragraph 1 (b) of this Agreement) in which the service of an Animal Control Officer is involved, but excluding those services where charges are made pursuant to subparagraph 12(f) below. The charges allocated pursuant to this subparagraph 12(b) shall be added to the charges described in paragraph 12(a) above, and where applicable they may also be added to the charges described in paragraph 12(c) below. C. Charges for. the animal shelter services component shall be $4.25 for each animal sheltered for City (as defined in paragraph 1 (c) of this Agreement). The charges allocated pursuant to this subparagraph 12(c) shall be added to the charges described in subparagraph 12(a) above and where applicable they may also be added to the charges described in subparagraphs 12(b) and (f). d. Overall program costs (as defined in paragraph l (e) of this Agreement) for the public education component services shall be multiplied by the City's popu- lation percent, and that sum shall be charges to City. In no event shall City's allocated costs for the public education component exceed 16¢ per capita. e. Charges for the licensing component services shall be $3.00 for each 'nimal licensed for City. Should County choose to conduct a countywide animal vac cination clinic, costs for conducting such a clinic shall be multiplied by the ratio created by dividing the number of animals vaccinated for City animal owners by the total number of animals vaccinated during the clinic. f. In payment for those emergency services (as defined in paragraph l (f) of this Agreement) provided to City when only standby animal control officers are on duty, City shall be charged $40.00 per man hour. This charge shall be on a portal-to-portal basis, and when applicable, may be added to the charges imposed pursuant to subparagraphs 12(a) and (c) above. g. Charges for Court/Proceedings (as defined in Paragraph l (g) of this Agreement) resulting from an incident within the incorporated limits of a City, shall be charged to that City at a rate of $40.00 per man hour. h. Charges for unrecovered fees, bad checks, and veterinarian services shall be on an actual cost recovery. 13. Revenue from Fees and Impounds - Revenue from impound charges collected on animals taken from within City's corporate limits will be credited against City's allocated costs. 14. Revenue from Licensing - Revenue collected in licensing animals owned or adopted by residents of City shall be credited to City's allocated costs. 15. Deficits - City shall pay County any deficits between total revenue credited to City and City's allocated costs. City agrees sum of $ 35,000 represents a reimbursement which shall, within the conditions of this contract, be a maximum under which County shall be excused from any further performance. When in the cal- culation of charges incurred, the Animal Regulation Department costs equal said amount this clause shall act as a condition subsequent excusing the County from any further service under .the terms of the contract. Said payments shall be made on or before the 31st day of August of each year of this Agreement's existence. 16. Enforceability - The invalidity and unenforceability of any terms or pro- visions hereof shall in no way affect the validity or enforceability of any other terms or provisions. 17. Modification - This Contract constitutes the entire understanding of the parties hereto and no changes, amendments or alterations shall be effective unless in writing and signed by both parties. 18. As_ signment of Personnel - The number of Animal Control Officers assigned to any activity shall be within the discretion of the Department of Animal Regulation of the County of San Luis Obispo. 19. Optional Reduction in Services - Notwithstanding any provision herein to the contrary, City shall have the option to select a reduced level of services for the remainder of the contract period. The Department will provide a quarterly report of financial status of City's program in a format acceptable to the Director. Said reports are ordinarily provided at the end of the ninth, twelfth, and third months of each calendar year. City may notify Director of its election to reduce services within any two weeks after receipt of said report. Upon receipt of notice of said election Director will provide a reduced level of service, including emergency services. It is the intent of the parties to provide a continuation of mandated, emergency services to the community under this paragraph as an alternative to service termination as provided in paragraph 14 above. 20. 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. 21. Notices - Any notice required to be given pursuant to the terms and pro- visions hereof shall be in writing and shall be sent by certified or registered mail to the County at: Department of Animal Regulation Route 2, Box 425 H San Luis Obispo, CA 93401 and to the City at: Atascadero City Clerk P.O. Box 747 Atascadero, CA 93423 IN WITNESS THEREOF, City of Atascadero by resolution duly adopted by, its City Council causes this Agreement to be signed by its mayor and attested by its cleric, and County of San Luis Obispo by order of the Board of Supervisors causes these presents to be subscribed by Chairman of said Board and seal of said Board to be affixed hereto attested by clerk of said CITY OF ATASCADERO COUNTY OF SAN LUIS OBISPO By: —- -4,//It L---- By: ARBARA P �` Mayor Chairman, Board of Supervisors ;{ ATfEST: .f, ATTEST: FRANCIS M. COONEY, CLERK Board of Supervisors �QDIFTZ y C`�e r By: �.QINDY WILKINS, Deputy City Clerk By: Deputy Clerk �t rtr r i�V Y ED rn-c��o YrvrDtia h Af aclxw nFF `'_T JAMES B. LINDHOLM, JR. County Counsel By: Deputy unty set Dated: : 9687u ADMINISTRATION BUILDING POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 93423 POLICE DEPARTMENT PHONE: (805) 466-8000 POST OFFICE BOX 747 ATASCADERQ,CALIFORNIA 93423 CITY COUNCIL PHONE: (805( 466-8600 CITY CLERK CITY TREASURER INCORPORATED JULY 2. 1979 � CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO,CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (805) 466-2141 "-�-• ...tea Mr. Paul Hood County Government Center Room 370 San Luis Obispo, CA 93408 CERTIFICATION I, CINDY WILKINS, Deputy City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Resolution No. 56-87 adopted by the Atascadero City Council at a regular meeting thereof held on - ,lune 23, 1987 DATED: 7/7/87 CINDY WILKINS, Deputy City"'�_lerk City of Atascadero, California > � ` Note: Also attached are two copies of revised agreement, one bearing original signatures from our City; please return the second copy. bearing original County signatures for our records, at your earliest convenience. Thank you. . . cc: Robert Dollahite, Dept. of Animal Regulation, SLO County i::.