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HomeMy WebLinkAboutReso 139-1984 RESOLUTION NO. 139-84 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR ANIMAL CONTROL SERVICES that- BE IT RESOLVED by the City Council of the City of South San Francisco 1. Approval of Agreement. The Agreement entitled "Agreement for Animal .Control Services and Shelter Facilities with City of South San Francisco" between the City of South San Francisco and the County of San Mateo is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "A." 2. Execution of Agreement. The Mayor is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted ~by the City Council of the City of South San Francisco at a regular meeting held on the 12th day of September , 1984, by the following vote' AYES- NOES- ABSENT- Councilmembers Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None Councilmembers Mark N. Addiego and Richard A. Haffey EXHIBIT "A" TO RESOLUTION NO. 139-84 AGREEMENT FOR ANIMAL CONTROL SERVICES AND SHELTER FACILITIES WITH CITY OF SOUTH SAN FRANCISCO' THIS AGREEMENT, made and entered into this ~*- day of '~u~.~,/ , 1984 by and between the-COUNTY OF SAN MATEO, a political subdivision of the State of California (hereinafter "COUNTY") and the CITY OF SOUTH SAN FRANCISCO (hereinafter "CITY"); WITNES SETH WHEREAS', the City has passed local ordinances governing 'the regulation, licensing and impounding of certain animals within the territorial limits of-the City;. and WHEREAS,'the City wishes to contract with the County for the enforcement of many of these ordinances; NOW, THEREFORE, IT Is HEREBY AGREED as follows: A. DEFINITIONS - All definitions in Exhibit "A" attached hereto shall apply to the terms used in this Agreement. B. CITY'S RESPONSIBILITIES 1. Adoption of Animal Control Ordinance. City shall adopt and maintain an animal control ordinance substantially the same as the provisions of sections 3330.0 through 3330.19 of the San Mateo County Ordinance Code, to be effective within the territorial limits of the City. 2. Adoption of Fee SchedUle. City shall adopt and maintain a uniform fee schedule as outlined in Section 3330.18 of the above mentioned ordinance. 3. Designation of Animal Control Officer~ City shall des- ignate as the Animal Control Officer of City the same' person that County designates as the animal control officer of the County. 4. Designation of Dog License Collector. The City agrees to designate the County's Director of Community Services or his agent as the City official responsible for dog license collection and administration. 5. Payments. City agrees to pay to the County prior to November 1st of each fiscal year and following the receipt of an invoice from County, the City's percentage share of the net program cost of the animal control program. The net program cost shall be arrived at by County and shall be equal to the cost of the contract between the County and the Peninsula Humane Society plus the cost of the dog licensing program minus any revenue received as described in Section D, Paragraph 5. Each City's .percentage share is based on a formula of one-half r.elative population and. one-half .relative assessed valuation and shall be equal to that 'outlined in Exhibit "F" .attached ~' C. COUNTY'S RESPONSIBILITIES 1. Provision of Animal Control. County shall provide field enforcement and shelter services for City in accordance with the terms and conditions of this agreement and pursuant to the provisions of sections 3330.0 through 3330.19 of the San Mateo County Ordinance Code and all provisions of law relating to animal abuse and animal control and shelter services of the State of California. Services shall be provided to incorporated areas at the same level of service rendered in the unincorporated areas of the County of San Mateo. 2. Field EnfOrcement Services. Field enforcement services shall be staffed as described in Exhibit "B" attached hereto for the purpose of enforcing state and local ordinances pertaining to domestic animals, and shall consist of the activities contained in Exhibit "B". Saturation patrols shall be allocated to each city as described in Exhibit "C" attached hereto. 3. Shelter Services. Shelter services shall include the impOunding, receiving of unwanted animals, housing, redemption, treatment, sale, adoption, destruction and disposal of animals. The shelter shall 'be staffed as described in Exhibit "D" attached hereto. The shelter and care for all stray and unwanted animals shall be provided 24 hours a day 7 days a week. The office and counter shall be open to the public as described in Exhibit "D". 4. Treatment Services. In accordance with state law, treatment services to injured animals shall be provided or arranged to be provided as described in Exhibit "E" attached hereto. Staffing to provide in-house treatment services shall be in accordance with that identified in Exhibit "E". 5. Excluded Services. Services and enforcement activities not within the County's obligations herein are those related to: a. Number of animals per household. b. Exotic animal control. c. Response to barking dog complaints, except as described in Exhibit "B" Paragraph 3. D. General Provisions 1. Previous Agreements. Upon execution of this Agreement, all previous Agreements between City and County for the provi-sion of animal control services will be terminated. Both parties will be released from all obligations under the former contract. 2. Sub-contracting For Services. It is expressly under-stood that the County shall sub-contract with the Peninsula Humane Society, a California corporation, for the provision of the field enforcement, shelter and treatment services referred to herein. 3. Fiscal and Program Monitoring. City may participate in monitoring meetings between the Peninsula Humane Society and County to review year to date expenditures and to discuss any financial or programmatic problems that any party may have. Meetings shall be scheduled at least twice each year; however, more frequent meetings may be called by County or City. 4. Purpose of Monitoring Meeting. It is the intention of the County to form a monitoring committee to consist of three police chief representatives, five city manager representatives, and one representative from the County. Cities without formal representation or appointment may attend and fully participate in all meetings. The monitoring committee may adopt its own rules of conduct. Responsibilities of the monitoring committee shall include~but not be limited to: a. Review the distribution of saturation patrols. Any change in the distribution of patrols identified in Exhibit "C" must be recommended.by th'is committee and proposed to the City Manager's Association. At no time, however, shall any city's allocation of saturation patrols be reduced by more than one patrol from the base and no city shall receive less than two patrols each fiscal year. Exhibit "C" shall be used as the base allocation of saturation patrols. b. Review program and fiscal implications if a city termi- nates its participation in the county-wide animal control pro- gram. The committee will be asked to make recommendations to the county and cities. c. Review existing local animal control ordinances and make recommendations for appropriate changes to the county and cities. d. Review dog licensing activities. e. Review citation activities. f. Review programmatic complaints of any city and program- matic data provided by the Peninsula Humane Society. g. Review revenues and expenditures relating to animal control services. ' h. Review the city cost sharing formula. 5. Use of Program Revenue. The City agrees that dog li- cense fees and animal fines and forfeitures collected by the County shall be used for the support of the animal control pro- gram. It is. further understood that any fees'collected for re- demption or sale of impounded animals shall be retained by the County and/or the Peninsula Humane Society in accordance with the provisions of said contract between the County and the Peninsula Humane Society, and such fees shall be used for-the support of the animal control program. 6. Program Deficit or Surplus. City and County shall share in covering any program deficit or receiving any program surplus. At the end of each fiscal year, County will determine the actual cost of the animal control program and the actual revenue received to offset these costs. Any variance (deficit or surplus) over what was budgeted will be added to, in the case of a deficit, or subtracted from, in the case of a surplus, the next years cost. Deficits and/or surpluses will be shared by each city and county based on the formula outlined in Exhibit "F", attached hereto. 7. Maintenance of Records. Records of animals impounded including the description of each animal, date of receipt, date and manner of disposal, treatment received, the name of the person redeeming or adopting the animal, and the fees, charges and proceeds of adoption shall be maintained by'the Peninsula Humane Society and made available to City. In addition, in-formation shall be provided on a monthly basis to the City sum-marizing various field enforcement activities occuring in the City and shelter activities initiated by residents of the City. 8. Effective Period. The term of this agreement shall be for a period of five years, commencing July 1, 1984, except that the legislative body of either party may terminate this agreement on any January 1 or July 1 provided that six-month prior written notice is given. City may terminate its participation in either the county-wide .field enforcement or shelter service program or both as long as the City assumes the financial and programmatic responsibility for the provision of analogous field enforcement and/or shelter services. 9. Amendments: Entire Agreement. Amendments to this agreement must be in writing and approved by the governing board of every jurisdiction. This is the enitre agreement between the parties and supercedes any prior written or oral agreements inconsistent herewith. 10. Additional Services. Nothing contained herein shall preclude City trom contracting directly with the Peninsula Humane Society for the provision of a higher level of service. Any contract increasing the level of services will be supplemental to this agreement and will not affect the level of service provided for in this agreement, the agreement between the County and any other city, or the agreement between the County and the Peninsula Humane Society. 12. Notices. Any notices required to be given pursuant to this agreement shall be given in writing and shall be mailed to the parties hereto at the addresses of each of the parties, a~ follows; To City: Attention: City Manager City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 To County: Director of Community Services CountY of San Mateo 590 Hamilton Street Redwood City, CA 94063 12. Hold Harmless. In contemplation of the provisions of Section 895.4, California Government Code, each party hereto agrees to indemnify and hold the other party harmless from all liability for damage to persons or property arising out'of ~or resulting from the acts or ommissions of the indemnifying party. 13. Independent'Contractor. City and its employees and agents are independent contractors with respect to the performance of any obligation hereunder or connected herewith, and not employees or agents of County. 14. Assignability. Except as otherwise expressly provided for herein, neither party shall assign any of its obligations or rights her.eunder without permission of the other. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Mateo has caused this agreement to be subscribed by its Chairman and attested by its Clerk, and the City of S0pth S~p ~ncisc0 ' has caused this agreement to be SUDSCrlDeaDy its duly authorized officer and attested by its Clerk. COUNTY OF SAN MATEO Chairman, B&~frd of Supervisors ATTEST: ~ llerk of Said Board CITY OF South San Francisco Mayor ATTEST: D20-126AC-P1/5 EXHIBIT "A" DEFINITIONS Saturation Patrol: a concentrated sweep, by two or more animal control vehicles, of each street in a designated area to enforce animal control laws and local ordinances. A patrol is to concentrate on controlling the problem of stray dogs roaming the street and shall consist of at least 4 man-hours. Adoption: the placement of an unwanted animal in a new home. Impounded Animal: one that has been picked up by an animal control officer or other public official because of being in violation of a local ordinance or by a person and deposited at the shelter for redemption by owner. Surrendered Animal: an unwanted animal that has been turned over to an animal control officer or taken to the shelter by its owner. D20-126AC-P6 EXHIBIT "B" AUTHORIZED STAFFING FOR EACH PROGRAM UNIT Staffing shall be defined in terms of full time equiva'lent (FTE) positions. One FTE equals 40 work hours per week. FIELD ENFORCEMENT STAFFING AND SERVICES 21.5 FTE positions shall staff the field enforcement pr'ogram unit. This shall consist of: i. No less than 16.5 FTE Animal Control Officers. 2. No more than: 1.0 FTE Program Unit Manager 2.0 FTE Field Supervisors 1.4 FTE Dispatchers · 6 FTE Seoretary- Field enforcement services shall include the following: 1. Society shall conduct at least 135 saturation patrols per Year in selected areas of the County with at least two (2) saturation patrols per year provided in each city and in the unincorporated area of the COunty, except as otherwise noted herein below. The allocation of the saturation patrols will be in accordance with Exhibit "C". Such patrols shall be coordinated with a designated official of each city covered by this contract and the County. 2. Society shall: a) immediately respond, within the limits allowed by manpower availability, to all emergency calls. For the purpose of this subsection, "emergency call" means a complaint of a bite or attack in progress, or a bite or attack which has occurred and where the animal remains an immediate threat to persons or property; b) respond to calls pertaining to other biting, vicious, injured or sick animals, and dog packs within eight (8) hours of receiving the call; c) respond to calls pertaining to quarantines, cruelty, stray loose dogs, or dead animal pick-up, within twenty-four (24) hours of receiving the call; d) pick up contained stray animals between 8:00 a.m. and 9:00 p.m., except if an animal has bitten, is vicious, or is injured or sick; e) nOtwithstanding any other provision herein, on Sundays, holidays and after regualr patrol hours, Society need only provide same day response to calls/complaints pertaining to bites, vicious, injured or sick animals. 3. Society shall refer calls pertaining to barking dog complaints to the appropriate local governmental agencies and be available to handle barking dog complaints where there is suspicion of cruelty, injury or other problems pertaining to the welfare of the animal. Assistance will be provided to local agencies, by sOciety, when the barking becomes excessive as determined by the designated official of each city or the county. That designated official shall make all requests for assistance to the manager of animal control or his designated official. Assistance shall include a field investigation, pro- viding a report and/or issuing a citation. 4'. Society shall issue citations to any person whose animal is in violation of any state statute or county or city ordinance. D20-126AC-P7 EXHIBIT "C" ALLOCATION OF SATURATION PATROLS* ~ity Patrols Atherton 2 Belmont 5 Brisbane 3 Burlingame 8 Colma 2 Daly City 12 East Palo Alto 5 Foster City 2 Half Moon Bay 3 ~illsborough 4 Menlo Park 8 Millbrae 2 Pacifica 8 Portola Valley 2 Redwood City 10 San Bruno 7 San Carlos 7 San Mateo 15 So. San Francisco 10 Woodside 2 City Sub Total 117 Unicorporated County 18. TOTAL 135 *A city may choose to reduce or eliminate the number of patrols allocated to it. If this occurs, the Humane Society will realocate those patrols based upon the Society's determined need. D20-126AC-P8 EXHIBIT "D" SHELTER SERVICES STAFFING AND HOURS Staffing shall be defined in terms of full time equivalent (FTE) positions. One. FTE equals 40 work hourS per week. 23 FTE positions .shall staff the shelter and administrative program unit. This shall consist of: 1 FTE Operations Manager 1 FTE Animal Attendant Supervisor 9 FTE Animal Attendants 1 FTE Shelter Manager 1 FTE Service Representative Supervisor 8 FTE Service Representatives 1 FTE Accountant 1 FTE Account Clerk · For Shelter and Administrative services and Treatment Services only, the actual number of FTE positions in each classification may be adjusted by Society upon prior written notice to County. SHELTER HOURS* 11:00 AM to 6:00 PM Monday through Friday 11:00 AM to 5:00 PM Saturday COUNTER HOURS* 9:00 AM to'6:00 PM Monday through Friday 9:00 AM to 5:00 PM Saturday ADMINISTRATION HOURS* 8:00 AM to 6:00 PM Monday through Friday * HOLIDAYS EXCEPTED D20-126AC-P9 EXHIBIT "E" TREATMENT STAFFING AND SERVICES Staffing shall be defined in terms of full time equivalent (FTE) positions. One FTE equals 40 work hours per week. 3.5 FTE positions shall staff the treatment program unit. This shall consist, of: 1 FTE Veterinarian ,5 FTE Veterinarian Technician 2 FTE Animal Health Technicians Animal control Officers will bring all injured or sick cats and dogs found without an owner in a public place or confined by a citizen directly to a 'veterinarian in the community or to the Peninsula Humane Society shelter where it will be determined whether said animals should be immediately destroyed or be hos- pitalized under proper care and given emergency treatment.. Injured or sick animals will only be transported to the shelter if staff is available to treat said animals. On holidays, weekends and between 5:00 P.M. and 9:00 A.M. MOnday - Friday all injured or sick animals will be taken to an emergency veterinarian clinic. An injured'or sick stray animal brought into the shelter or an animal that becomes sick or is injured at the shelter will be' treated by the Society's veterinarian staff, if available. If the staff is not available to treat said animal it will be transported to a veterinary hospital if it is an emergency and the animal needs immediate treatment. If the owner of an injured or sick stray animal redeems same, the owner will be required to pay all medical and impound fees· incurred. D20-126AC-P10 City Atherton Belmont Brisbane Burlingame Colma Daly City East Palo Alto' Foster City Half Moon Bay Hillsborough Menlo Par k Millbrae Pacifica Por tola Valley Redwood City San Bruno San Carlos S an Mateo So. San Francisco Woodside Unicorporated County EXHIBIT "F" CITY/COUNTY COST FORMULA Cost Ratio Percentage 1.1 2.3 .3 3.0 .1 5.9 1.1 2.4 .6 1.7 3.1 1.8 2.7 .5 5.1 3.0 2.7 7.8 5.1 .8 48.9 Each City's share shall be arrived at by multiplying its cost ratio percentage by the net program cost for animal control services. The net program cost is the cost of the contract with the Peninsula Humane Society plus the cost of the dog licensing program minus any revenue received as described in Section D, Paragraph 5. D20-126AC-Pll