Loading...
HomeMy WebLinkAbout7.2 Animal Control Service Contract Review CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 27, 1989 SUBJECT Animal Control Services - Contract Review & Proposed Agreement (Report Prepared by Paul Rankin, Assistant City Manager) EXHIBITS ATTACHED Proposed Agreement RECOMMENDATION o Receive Staff Report o Provide Input on Services o Approve and Authorize Mayor to Execute Agreement FINANCIAL STATEMENT: Estimated 1988-89 Expenses - $46, 370 Recommended 1989-90 Budget - $49, 800 DESCRIPTION The City of Dublin has contracted with Alameda County for Animal Control Services since the time of incorporation. Alameda County provides these services through the Department of Field Services, which is a division within the Alameda County Sheriff' s Department. The Contract Review portion of this report will focus on both Field Services and Shelter Services . The current agreement expires on June 30, 1989 . A proposed agreement is included which provides for Alameda County to continue providing services for three years. The agreement contains an early termination clause provided that six months notice is given. The agreement has a separate cancellation provision for the provision of licensing. services . These may be cancelled by either party upon 30 days written notice. Field Services This section of the contract service provides the basic patrol function. This 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 assigned to the City of Dublin. The current staffing level is . 38 of a Full-Time Equivalent Sheriff' s Technician and . 11 of a Full-Time Equivalent Clerk II . This staffing level has remained unchanged since the City began contracting in 1982 . In February, 1989, the Sheriff' s Department reorganized the provision of Field Services . In the past, the service was provided by a Field Service Officer. Under the reorganization, this position was reclassified as a Sheriff' s Technician. Although this has resulted in higher salary costs, it is hoped that the more competitive salaries will allow the County to attract and retain qualified personnel . Following the 1988 contract review, Staff had the opportunity to meet with Captain James A. Moore, who is the Administrative Director for the day-to- day operations of the Department of Field Services . At that time, this was a relatively new assignment for Captain Moore. Staff used this opportunity to discuss methods of improving services to the residents of Dublin. One result of the meeting was to establish administrative procedures for the handling of Vicious Dog Hearings . In accordance with City of Dublin Ordinance No. 27-87 , dogs involved in attacks may be presumed vicious. The ordinance includes a procedure for an administrative hearing and a method to abate vicious dogs if the findings can be made. The abatement procedure states a variety of available measures including: controlling; confinement; humane destruction; or other restrictions . -------------------------------------------------------------------------- 7,4Z. COPIES TO: Sheriff Plummer ITEM N0. Captain James A. Moore Th•e intent of the hearing process is to limit the City' s liability exposure in the event of an attack, where the City already had knowledge of the animal' s disposition. Prior to last October, the Department of Animal Control conducted the hearings at their office in San Leandro. This required both dog owners and victims to travel to San Leandro. In an attempt to improve the service to the residents, these hearings are now conducted at City Offices . Typically, the Assistant City Manager acts as the Hearing Officer. Animal Control prepares reports and makes recommendations on the disposition. Since October, the City has conducted seven hearings, plus two additional hearings are pending. The hearing process tends to provide a forum for those involved in an incident to gain an understanding of their responsibilities. It also assures the victim that the City' s laws are being enforced. In addition to conducting the hearing, the City assumed the responsibility for the preparation of all notices and hearing records associated with the process. In 1988, the City designed and printed a new dog license form. The intent was to have a simple form which would improve the number of licenses issued. At the suggestion of the City Council, Staff also mailed a supply of these forms to local veterinarians . It was hoped that this would also encourage licensing at the time of vaccination. Pet Prevent-A-Care was also provided with a supply for use at their mobile clinics . The form has proven to be easy to use, however, its wider distribution has not significantly impacted the number of licenses sold. As has been previously discussed with the City Council, the best method of increasing the number of licensed dogs is to conduct a door-to-door canvass . However, this can only be effective ' if the individuals conducting the canvass have some authority, which usually includes the ability to issue a citation. Typically, this would require a uniformed Animal Control representative. Since 1983-84, Alameda County has not had adequate personnel to initiate this type of labor intensive effort. The lack of license compliance is also visible when statistics related to impounding of stray dogs are reviewed. From July 1 , 1988 to April 30, 1989, a total of 81 stray dogs had been impounded. Of these, only 5 dogs, or approximately 6% of the total were licensed. It is estimated that $6, 000 will be collected in 1989-90 for dog licenses . Staff believes that this is one area where additional study with representatives of Animal Control is required to determine whether other methods are available to improve these records . The following are workload indicators as shown in the proposed 1989-90 Fiscal Year Budget: ESTIMATED 1984-85 1985-86 1986-87 1987-88 1988-89 # Impounded 298 333 372 472 400 Animal Cites 19 33 34 47 40 Complaints 47 61 50 47 60 Citations 20 103 75 63 70 Injured Animals Treated 25 47 51 42 30 Dead Animal Pick-up * 730 774 810 835 780 # of Dog Licenses 637 560 604 564 535 As shown, the primary indicators are remaining relatively constant. In the proposed 1989-90 Budget, the County has not recommended any change to the staffing. City Staff concurs that this is not required at this time. Shelter The provision of Shelter Services is the second component of this contract. The County operates the Shelter at Santa Rita, which services the Cities of Dublin, Livermore, Pleasanton, and unincorporated portions of Alameda County. Each of the participating agencies pay a proportionate share of the cost of operations based on the number of animals boarded for the jurisdiction. - Page 2 - In 1987-88, the City of Dublin accounted for 14% of the Shelter useage. During 1988-89, this factor increased and the City of Dublin accounted for 15 . 5% The cost of operations is further reduced by the collection of fees and charges associated with impounding and adoption services. As a result of Dublin' s increased share, the estimated costs of Shelter Services for Fiscal Year 1988-89 have increased by 25% -over the 1987-88 Fiscal Year. The cost of Shelter Services are estimated at $18, 000 for Fiscal Year 1988- 89 . The proposed 1989-90 Budget includes an inflationary factor of approximately 4%, which is based on County projections. This results in total estimated Shelter costs of $18, 750 . A related issue which remains undetermined at this time is the need to construct new Shelter facilities . For some time, the County has discussed that with the opening of the new Santa Rita Jail, that the current facility may be demolished. The County has been meeting with Staff members from the participating agencies . Preliminary discussions have identified the cost of constructing a facility at $3 . 5 million to $4 million. The project is in the formulative stages and no recommendation has been developed as to the cost sharing which would be required by the participating agencies. The City Manager will be meeting with the City Managers of Pleasanton and Livermore and the County Administrator in the near future to discuss a cost sharing proposal, which will be subsequently brought to each City Council and the Board of Supervisors . Costs In addition to the direct salary costs discussed under Field Services, the City also pays the costs associated with employee benefits . The total personnel costs, including benefits for Fiscal Year 1989-90 are estimated at $15, 986 . The City also pays approximately $11 , 108 for services and supplies . This category includes the cost of operating the vehicle and communications equipment. The final element which directly affects the cost of Animal Control Services is the charge for Indirect Costs. The total amount charged in 1989-90 will be $3, 956 . Similar to the contract for Police Services, this allows Alameda County to recover expenses for indirect support services which support those services specifically identified in the Agreement. As mentioned with the review of other County contracts, the City also pays a surcharge for insurance coverage. Although the County does not specify the amount attributable to each contract, the amount associated with Animal Control is estimated to be negligible. Contract Staff has provided a draft agreement for Field Services which duplicates the current agreement. The proposal has a three year term which would run consecutively with the agreement for Police Services . Either party may terminate the agreement upon 6 months notice. No modification is required for Shelter Services as this is an agreement which automatically renews each year. Conclusion Staff believes that the contract arrangement continues to provide a flexible method of providing these services . Given that the alternative of providing the service directly would be extremely expensive due to both staffing and capital costs, a change is not recommended. In order to fully staff, the City would need adequate personnel for vacation, sick leave, and other absences . It is believed that in order to achieve this with City employees, it would be necessary to hire one full-time and one part-time employee to provide an effective level of service. Although the level of service would be much higher than what is presently provided by the County, the cost and existing workload do not justify City provision of this service. Staff recommends that the City Council review the contract performance and provide any input. It is also recommended that the Mayor be authorized to execute the proposed agreement. Sheriff Plummer and/or Chief Moore will be in attendance along with members of their Staff to answer any questions. - Page 3 - AGREEMENT ANIMAL CONTROL FIELD SERVICES THIS AGREEMENT, made and entered into this day of 1989, by and between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY" , and the CITY OF DUBLIN, hereinafter referred to as "CITY"; RECITALS: (a) The 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 830, 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. -2- d. The COUNTY will 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 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. -3- 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. ATTEST: CITY OF DUBLIN By: By: City Clerk Mayor . APPROVED AS TO FORM: By: City Attorney ATTEST: William Mehrwein COUNTY OF ALAMEDA Clerk of the Board of Supervisors By: By: Deputy Chairman, Board of Supervisors APPROVED AS TO FORM: County Counsel By: Deputy —4- 4284