HomeMy WebLinkAboutAGENDA REPORT 2015 0415 CCSA REG ITEM 09B ITEM 9.B.
CITY OF MOORPARK.CALIFORNIA
City Council Meeting
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TO: Honorable City Council �' �u '' - '
FROM: David Moe, Economic Development & Housing Manager
Prepared by: John Brand, Senior Management Analyst
DATE: April 9, 2015 (CC Meeting of April 15, 2015)
SUBJECT: Consider Animal Services Agreement Between City of Moorpark and
the County of Ventura
BACKGROUND
In 1984, the City entered into an Agreement with Ventura County Animal Services
(VCAS) for services including animal shelter, licensing, field staff, and animal nuisance
hearings, as well as statutory and regulatory issues such has rabies control, and other
mandates for local animal control. In 1989, the Agreement was amended for primarily
technical changes. Under this current contract, costs are allocated to the participating
cities using a set of three formulas, one for shelter and administration, a second
formula for licensing, and a third for field staff services. Each of the three cost
formulas covers an array of tasks and services as an umbrella. At that time all ten
Ventura County cities contracted with the County for animal services. Since 2002, the
City has provided the primary field service with in-house staff. This is equal to about
1,800 staff hours. VCAS established an Animal Commission consisting of one elected
official from each participating jurisdiction, to meet quarterly to advise the board on
animal concerns. The Commission last met in May, 2014 and has averaged two
meetings per year since 2010.
In 1993, the City of Thousand Oaks left VCAS due to its concerns about service
deficiencies and increased costs. Thousand Oaks contracted with Los Angeles
County Animal Care & Control and continues to do so, using the Agoura Animal
Shelter. On June 1, 2012, the City of Santa Paula left VCAS and contracted with the
Santa Paula Animal Rescue Center, a local non-profit organization. On June 5, 2012
the Board of Supervisors reorganized VCAS as a division in the Public Health Agency.
On June 12, 2013, the Ventura County Board of Supervisors adopted the goal of
operating its animal shelter on a "no kill" basis as an aspiration for the department. No
additional funding was provided by the County, and no date was set for the shelter to
become fully "no kill". In December, 2014 VCAS reported to the board that VCAS
achieved "no kill" status for the year with a live release rate of 91.2%.
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DISCUSSION
On December 22, 2014, VCAS requested a meeting in Ventura where staff would be
presented with a new draft Agreement so that all approvals could be completed in
January, 2015. The City Manager directed staff to decline to meet with VCAS until a
draft of the Agreement was provided to the City for review.
On January 13, 2015, VCAS sent a draft Agreement to the City, again requesting
prompt approval so that the VCAS budget could be developed in order to be effective
July 1, 2015. While the City cannot disagree with VCAS's desire to update its
agreements and improve its cost recovery, the process bypassed proven mechanisms
and means to build consensus among the jurisdictions:
• The proposed agreement has not been presented to or discussed by the Ventura
County Animal Commission, a body composed of elected officials from all
participating jurisdictions. According to its 2014 By Laws, the object of the Animal
Commission was to:
"Article 2 Object: To serve as a policy level Commission regarding contract
Animal Regulation services to the cities of Ventura County, and to make
recommendations to the Animal Regulation Department Director and the Ventura
County Board of Supervisors regarding Animal Regulation Department polices,
programs, service levels, and fees.
Additionally, to facilitate communication and collaboration among the County and
contract cities on Animal Regulation issues, including such matters as city and
County ordinances and services, and the support of or opposition to State
legislation."
• The County and VCAS initially presented the agreement to the cities to accept
without any opportunity to provide any meaningful input or for joint discussion among
the affected cities and the County.
In 2013, City and VCAS staff informally discussed updating the existing agreement, and
that the Los Angeles County contract for Animal Care and Control might be a good
template when the VCAS contract was updated. According to VCAS, the proposed
agreement reflects current best practices that have developed over the past thirty years,
while the old agreement was unfair to VCAS and outdated. However, VCAS developed
the proposed Agreement without any direct input from the cities or the Animal
Commission and initiated separate meetings with each of the eight remaining
contracting cities. Staff reviewed the Agreement and met with VCAS on Tuesday,
February 24, 2015.
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After receiving negative comments about the process and the contract itself, the VCAS
Director attended the February 19, 2015, City Managers' meeting. As a result of that
meeting there was a subsequent meeting scheduled by VCAS on March 5, 2015. Staff
from seven of the eight contract cities and three City Managers attended the March 5.
2015, meeting. At that time the cities asked for VCAS to delay the process to allow for
the review of different options to pass along the costs. On March 11, 2015, Health Care
Agency Director Barry Fisher sent a letter to the cities thanking them for their input and
indicating that the County believes it has already developed the most equitable
methodologies and placed them into its proposed agreement. The letter concluded with
a request for a confirmation of each city's intent to contract with VCAS by March 20,
2015. It is unclear if any cities have complied with that deadline. As a result of the
meeting and the letter, a subsequent meeting of the City Managers was held on March
19, 2015, when Ventura County CEO Mike Powers recapped VCAS's outreach to the
cities regarding the proposed VCAS agreement, and emphasized that any questions
should be directed to Health Care Agency Director Barry Fisher.
Characteristics of the proposed Agreement include:
• Programs will be defined so it is known what services are delivered, and
their costs outlined in a Service Request Form (Exhibit 3).
• Rabies suppression activity will be charged by the hour. VCAS is trying to
figure out an estimated cost based on service history of each City. VCAS
will train City staff at no charge to perform this service for itself.
• Bite investigations, same as above. (Costs for rabies and bite
investigations not included in cost projections discussed below).
• Certain new fees will be established, such as $3 administrative fee per
license sold.
• Currently, only impounded dogs are counted towards determining a
jurisdiction's shelter cost share. As proposed, all animals, including
bunnies and livestock will be counted and charged to the source agency.
• VCAS at its sole discretion and without notice may change any aspect of
the programs provided, including policy matters, hours of operation,
outreach and promotional programs.
• Cities such as Moorpark can adopt their own fee schedule and VCAS will
honor it, allowing the City more control while still using the VCAS license
system.
• City staff must process its own impounded animal. To help out with the
intakes, instead of dropping an animal off at the shelter, City staff is to
vaccinate cats and dogs at the shelter, enter data, take photo, and scan
for microchip. VCAS will train City staff.
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With some significant exceptions, the proposed Agreement resembles the Los Angeles
County (LACO) contract for animal services by its Department of Animal Care and
Control (DACC). It appears that most, if not all, of the provision limiting a contracting
cities liability and stakeholder status have been removed from the Ventura County
version. That may in part be due to the process chosen by the VCAS. Rather than
form a working group of stakeholders at the staff level, VCAS developed a finished
product on its own. What has been removed from the LACO includes items that tended
to limit a contracting city's exposure to costs associated with the DACC's actions
regarding policy, management and operations, such as:
LACO DACC provisions omitted by Ventura County proposed agreement:
Los Angeles County DACC Agreement Ventura County VCAS Proposed
Mutual Resolutions of Disputes
DACC Agreement section 2.1:
In the event of a dispute between the parties
to this contract as to the extent of the duties
and functions to be rendered hereunder, or The proposed VCAS agreement is
the minimum level or manner of performance of silent on dispute resolution
such service, the City shall be consulted and a
mutual determination thereof shall be made by
both the County and the City.
Service Performance Develo.ed Collaboratively
Section 4.3 of the proposed VCAS
agreement states:
"The County, in its sole and exclusive
discretion, shall determine the
DACC Agreement section 3.1: specific days and specific hours that
any County animal shelter shall be
Services performed hereunder and specifically open to the public and the staffing of
requested by the City shall be developed in the County animal shelters; however,
conjunction with the County Department of the County will open its animal
Animal Care and Control. shelters to the public on at least five
calendar days per week. The County
will notify the City regarding any
changes in hours and days that its
animal shelters are open to the
public."
Limited City Liability for Impounded Animals
DACC Service Level Request Form, Part
Three: The proposed VCAS agreement Service
Contract cities are charged for the first five Level Request Form Part One Shelter
(5) days of care for animals impounded Services states:
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within the city's jurisdiction. If an animal
leaves our care earlier for any reason, cities "The City shall be charged for its
will be charged based upon the actual proportion of the total County shelter
number of days (1-4). If an animal is service costs on the basis of the City's
redeemed, the redemption fees collected percentage of the total animal intakes at
from owners will be credited to the City up to the County's animal shelters originating
the maximum number of days that would from all jurisdictions served by the
otherwise be billed. The County assumes County's shelters. The County's total
liability and disposition of these animals after cost of providing shelter services will be
five days with the exception of animals held multiplied by the City's percentage of
as a result of a seizure or criminal case, animal intakes compared to total animal
abandoned animals, observation animals intakes, adjusted quarterly in arrears,
(quarantine), potentially dangerous or vicious and charged by the County to the City on
dogs, and return to owner animals. a quarterly basis. If any current
contracting jurisdiction terminates its
contract with the County, the County will
make every practicable effort to reduce
the County's variable shelter operating
costs which are based on the volume of
shelter animals served (including, but not
limited to, personnel costs), in order to
keep total County shelter service costs at
the lowest reasonable level."
While the LACO DACC version provides some limits on the liability of the contract cities
for what happens in the shelter, the VCAS appears to hold the cities liable for the
actions of VCAS in shelter operations.
As mentioned, no working group of staff from stakeholder agencies was formed to work
out the Agreement provisions. Instead the City is faced with approving VCAS's terms or
seeking services elsewhere by July 1, 2015. Under the proposed Agreement, the City
must submit a Service Request Form (SFR) by January 31 of each year to VCAS. If the
SRF is not approved by both parties by March 1, the Agreement is terminated on June
30.
VCAS indicated new programs that will soon be introduced:
• Feral Cats — VCAS plans to promote a Community Cat Coalition — Trap
Neuter & Release (TNR) programs. (Moorpark-Simi already has a
volunteer based TNR group). Feral cats will be returned to the general
area where the cats were found after they are sterilized.
• The Ventura County Animal Ordinance includes a mandatory spay neuter
provision for all dogs and mandatory reporting of rabies vaccinations by
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veterinarians, but these two provisions have not been implemented or
enforced. VCAS plans to implement these provisions, but the time frame
is uncertain.
• Weekly activity reports will be provided to staff, including intakes, shelter
activity, operations changes, and promotional activity.
• VCAS will not take City impounds due to unpaid citations (confiscation of
dogs). The City may be able to find its own location to house a
confiscated dog. VCAS does require license before a pet is redeemed.
• VCAS will clear up errors and anomalies in their "Chameleon" software
that is used for pet licensing and shelter management. City staff uses the
VCAS Chameleon database to check on the status of cat and dog
licenses, and City staff will be required to enter data directly to the
Chameleon program when taking animals to the shelter.
FISCAL IMPACT
A key difference between the current and the proposed Agreement is the fee structure
for participating cities. Instead of having three types of cost recovery formulas, there will
be at least six separate fees for service selections, in more of an "a la carte" menu of
services that the City could opt in or out of as it desires. This appears to give the City
more flexibility and control of its costs. However, it also adds a degree of uncertainty
because VCAS may not have tracked its costs to the same degree of detail that it now
proposes. There are no historical cost records detailed enough and available to staff at
the time this report was prepared to project costs for certain services for which the City
will be charged in the proposed Agreement.
Attachment A, the Service Level Request of the Agreement (Exhibit 3 of this report)
shows the services the City may opt into:
Shelter Services:
• The County shall provide the following shelter services: impoundment, boarding,
quarantine, veterinary services, euthanasia services, over-the-counter animal
license sales, animal adoptions, and disposal of dead animals. Impounded
animals will be vaccinated and provided necessary care, food and shelter in
accordance with the provisions of state law. The animal's picture will be posted
on the Animal Services website as soon as practicable to assist the City's
residents in reclaiming a missing pet. The County, in its sole and exclusive
discretion, shall determine the public and non-public hours of operation and the
staffing of the County animal shelters. The City shall be charged for its
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proportion of the total County shelter service costs on the basis of the City's
percentage of the total animal intakes at the County's animal shelters originating
from all jurisdictions served by the County's shelters. The County's total cost of
providing shelter services will be multiplied by the City's percentage of animal
intakes compared to total animal intakes, adjusted quarterly in arrears, and
charged by the County to the City on a quarterly basis.
• Field Services: Billed per hour, at City's discretion of hours needed. (Does not
currently apply to Moorpark)
• Rabies Control: This applies to cities like Moorpark who provide their own field
services and would like VCAS to do their field rabies control. VCAS indicates that
it currently provides this service, but has not been recovering costs on it. Staffs
understanding was that this and other state mandates were covered under the
Shelter and Administration umbrella of costs. In any case, under the proposed
Agreement it would be the City's option to take this task in-house or pay VCAS
on an hourly basis to provide the service.
• Animal License Processing: The VCAS will charge a per license fee of $3.00 per
license fee processed. This fee was based on a time study done and is charging
actual cost. Currently VCAS does not separate costs for license processing or
license canvassing. According to the VCAS Cost Distribution Calculation (Exhibit
5) for FY 2014-15, $61,900 (approximately $11.68 per license) was attributed to
Moorpark for license canvassing and processing combined.
• Administrative Citation Processing: After implementing the Administrative Citation
and Auto-Citation Program, the department has realized a significant increase in
workload. VCAS may soon have concluded a time study and will develop a per
citation fee, for cities wishing for VCAS to administer this program.
• License Canvassing: Similar to field services, cities can opt into canvassing
services to increase their license sales, at a per hour rate.
• Additional Services: VCAS assistance in emergencies, such as evacuations and
temporary animal care sheltering would be billed at actual cost.
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The table below shows the history of VCAS costs charge to the City.
Ventura County Animal Services Costs and Revenues
Fiscal Year 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14
VCAS Contract 106,000 109,600 116,200 120,300 153,400 158,800 142,100 149,200 153,700 174,800 185,600 194,859
Revenue 56,432 56,800 72,986 79,712 111,772 118,134 127,586 146,839 152,516 162,331 157,558 163,904
Net Paid 47,169 49,385 41,245 31,681 41,116 31,781 18,350 6,103 - 9,344 27,183 33,964
$3,630
City City License Any 4th Quarter surplus is surplus County
begins begins
field selling canvass carried over to subsequent carried adopts no
services licenses surge year over to kill policy
2011-12
Moorpark VCAS
200,000 - - -
a VCAS Contract
180,000 - -- - - -
■iiet Paid •
1
160,000 Revenue - _
1140,000 ' - -
1
I
I
:::::
, ' I I
I [
III
80,000 -
60,000
I1I I r ,[I
40,000 ,l_I'l
- - -
20,000 -. IN - - -
2002-03 2003-042004-05 2005-062006-072007-08 2008-09 2009-102010-112011-122012-13 2013-14
VCAS provided a Fiscal Year 2015-16 net cost estimate of $15,419 for Moorpark.
However, rabies suppression, bite reports, after-hours, law enforcement assistance, and
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emergency services are not included.
Cost Projections
VCAS City
FY 2015-16 FY 2014-15
Shelter $ 146,934 $ 186,300 (all included)
Field Services $ - $ -
License Processing $ 16,038
Canvassing $ 9,730
Contingency $ 9,600
Total $ 172,702 $ 195,900
VCAS revenue projections
Licenses $ 153,282
Redemption $ 4,000
Total $ 157,283 $ 149,400
Projected net payable to VCAS $ 15,419 $ 46,500
VCAS estimates that the proposed Agreement may save the City $21,481 in FY 2015-
16. VCAS projects the City paying $15,419 net to VCAS as the total cost for these
three services (shelter, license processing, and license canvassing) next year compared
to the VCAS estimate for this year (FY 2014-15) that the City's net total cost will be
$46,500. So far the FY 2014-15 estimates appears to be on track. The current year
VCAS cost and the City's projected staff costs of $218,225, bring the total program cost
to $264,725.
The difference may be in the services not included in the VCAS proposal: rabies
suppression, bite investigations, emergency response, and conducting nuisance
hearings. VCAS contends that these costs have not been recovered; however, they
were included in past VCAS budgets. The VCAS cost Distribution Calculation for FY
2014-15 (Exhibit 5) suggests that the total VCAS budget was used to calculate a city's
proportionate share even if the specific cost of certain functions were not identified as
individual line items. VCAS attempted to determine what was spent on behalf of the
City for rabies, bites, emergency preparation and nuisance hearings, but did not provide
any information by the time this report was finalized.
The current formula called for each of the three cost areas to take a two-year average
from each cost center and factor in the City's percentage of the total base unit. For
sheltering it is the percentage of dogs from each jurisdiction times the two-year average
actual budget attributable to sheltering; for licensing, it is the percentage of licenses sold
in each jurisdiction times the budget; and field services are billed at an hourly rate
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Honorable City Council
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established by the VCAS.
The current VCAS formula is summarized as: The annual Payment for (Moorpark)
equals:
A(Mrpk Doo Licenses prior 2 FYs(2012-13+2013-14)*E(FY 2014-15 Lic./Admin. Expenditures)
B (All Licenses issued within County through VCAS Prior 2 FYs(2012-13+2013-14))
C (Mrpk Dog Impounds prior 2 FYs(2012-13+2013-14)*F(VCAS (FY 2014-15 Sheltering Costs)
D (All Dogs Impounded within County through VCAS Contract Prior 2 FY)
Where:
A) equals the total number of dog licenses issued for dogs from City (City
of Moorpark) over the two fiscal years preceding the one in which the
services were rendered (multiplied by (E).
E) equals the amount appropriated by County for (VCAS)
administration/licensing services countywide for the FY services were
rendered, less that amount determined by the director of County's (VCAS)
to be projected for administration costs which are not associated with
licensing services. [Divided by (B)].
B) equals the value "A" (City of Moorpark dog licenses issued the past two
FY) plus the number of dog licenses issued by County for dogs from all of
the cities except cities which are parties to other agreements to with
County similar to this agreement, and for dogs from the unincorporated
territory of County over the past two FY preceding the one in which the
services were rendered.
The second half of the formula deals with calculating shelter costs for each
City and is worded as follows:
C) equals the total number of dogs impounded from City (City of
Moorpark) over the two fiscal years preceding the one in which the
services were rendered [multiplied by (F] listed below.
F) equals the amount appropriated by County (VCAS) for animal
regulation shelter services countywide for the FY in which the services
were rendered, plus the amount determined by the director of County
VCAS to be projected for administration costs associated with sheltering
services. [Divided by (D] listed below.
D) equals the value "C" (City of Moorpark dogs impounded the past two
FY) plus the total the number of dogs impounded by County for dogs from
all of the cities except cities which are parties to other agreements to with
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Page
County similar to this agreement, and for dogs from the unincorporated
territory of County over the past two FY preceding the one in which the
services were rendered.
The proposed 'formulas will use actual costs from the previous quarter year (three
months) as factor for the six or more cost recovery centers identified, or to be identified
in the proposed Agreement. While this may be a good thing for cost management, it
may also results in more volatility in the cost to the City for VCAS services. This
volatility may come from two possible sources: 1) Cost will fluctuate quarterly instead of
being averaged over two years; and 2) Cost projections are not available for certain
functions, such as rabies suppression, bite investigations, and nuisance hearings. The
proposed "a la carte" menu of services may encourage the cities to be more conscious
of the costs of services, and to seek alternatives where appropriate.
The uncertainties in how the proposed Agreement and the Service Level Request form
will work may make it impossible to provide accurate cost projections at this time. Staff
believes the VCAS estimate that the City's net cost of$15,419 for FY 2015-16 may be a
significant under-estimation. However, the new cost proposal may enable the City to
adjust services to keep costs in line. Additionally, the City may also be abie to better
control the licensing program in order to increase net revenue.
Moorpark Animal Staff Expense
200,000 ---— - - -- --- - -- - — - -
180,000 -- _
160,000 -- --1140,000120,000 h1111—H
100,000 - _ - -_ -_ -_ ■Oty Expense
80,000 - -- - —60,00040,00020,000
2004.05 2005-06 2006-07 2007-08 2008-09 2009.10 2010-11 2011-12 2012-13 2013-14
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The chart shows the City's expense for Animal Services. Personnel costs make the
majority of the City expense, along with Operating and Maintenance costs.
The proposed cost methodology may provide an opportunity for the City to lower its
costs by taking services in-house such as bite and rabies investigations and nuisance
hearings.
Revenue Enhancements:
Additionally, here are some goals that may vastly improve the effectiveness of
the animal services program:
• Consider license term adjustments. Rabies vaccinations have a term of three
years, yet licenses are sold for just a one-year term. Prorating license fees to
match the term of rabies vaccination (up to three years) may be a
convenience to the public that may increase the compliance rate.
Pet Ownership Calculator
Estimate the number of pet owning households and number of pets in your community by entering the
community population* in the box below.
What is your community population? 34,421 City of Moorpark
https://www.avma.o rg/KB/Resources/Statistics/Pages/U S-pet-ownership-ca lculator.aspx
AVMA Pet Calculator Moorpark Data
License Additional
Number of Licenses Revenue Revenue
Pet Owning Pet Issued 2014 2014 Compliance Unlicensed Available
Households Population $20 Fixed $28.67 Rate Pets with 100%
$75 Intact Average license
compliance
Dogs 4,832 7,731 5,346 $153,282 69.2% 2,385 $71,550
Cats 4,025 8,446 32 $640 0.4% 8,414 $168,280
Horses 199 543 0.0%
• Consider license rate adjustments. License fees have not been adjusted
since 2006. Staff projects total 2015-16 budget request of about $371,000,
with $50,000 of that amount for VCAS services after license credit of about
$150,000 for pet licenses.
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Moorpark Animal Services Program Costs
T®taH Net Cost
VCAS City Program License Otherto
Contract Exspense Cost Revenue Revenue* General
Fund
FY 2013 $ 194,859 $ 146,295 $ 341,154 $ 153,282 $ 10,622 $(177,250)
14
*Includes redemption fees, impound fees, sale of animals,etc.
The table above provides a view of total costs, including the General Fund
contribution for the program. The next table shows possible rate scenarios.
Projected License Fee Revenue at Various Rates
Current Option 1 Option 2 Option 3 Option 4
Unaltered $75.00 $80.00 $85.00 $90.00 $95.00
Altered $20.00 $25.00 $30.00 $35.00 $40.00
Avg. Per License: $28.67 $31.68 $34.70 $37.72 $40.74
Dog 7,731 Projected Dog License Revenue
Population:
Compliance 70% $155,134 $171,464 $187,793 $204,123 $220,453
Rate:
Compliance 85% $188,377 $208,206 $228,035 $247,864 $267,693
Rate:
Cat
8,446 Projected Cat License Revenue
Population:
Compliance 70% $118,244 $147,805 $177,366 $206,927 $236,488
Rate:
Compliance 85% $143,582 $179,478 $215,373 $251,269 $287,164
Rate:
Total Projected Cat and Dog License Revenue Combined
Compliance 70% $273,378 $319,269 $365,159 $411,050 $456,941
Rate:
Compliance 85% $331,959 $387,683 $443,408 $499,132 $554,857
Rate:
• The automated citation program appears to be assisting in achieving
license compliance.
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• Implement the American Veterinary Association model ordinance
requiring mandatory reporting of all rabies vaccinations for cats and
dogs.
• Countywide cat licensing. Additional revenue from more effective cat
licensing (as shown in the table above may significantly improve
program revenue.
• Countywide livestock registration fees.
• Improve licensing compliance. Moorpark is above average with about
70% compliance in dog licenses. Other cities are at 50% or below. Cat
licensing is negligible in Moorpark, and has not been adopted in other
county jurisdictions except in Oxnard. Operating at levels achieved by
other counties, such Los Angeles and Santa Barbara, and with
mandatory rabies reporting, license compliance might reach as high as
85%. Successful license canvassing programs in other counties tend
to use permanent staff. As indicated above, in FY 2013-14 the
General Fund contributed $177,250 to the animal program, or about
52% of the $341,154 total cost of the City's Animal Program. The
General Fund subsidy will increase if City and VCAS costs continue to
outpace growth in pet license revenue.
STAFF RECOMMENDATION
Approve the Animal Services Agreement, subject to final language approval by the City
Manager and City Attorney, for a term of one (1) year with up to three (3) one-year
extensions; and direct staff to explore alternative means to deliver animal services and
revenue enhancements.
Exhibits: 1. Moorpark Animal Service Statistics
2. Animal Services Agreement
3. Attachment A - Service Level Request form
4. VCAS comparison of Existing and Proposed Agreements
5. VCAS FY 2014-15 Cost Distribution Calculation
136
Exhibit 1
Moorpark Animal Services Activity Report
FY2013-14
ActivityQuarter 1 Quarter 2 Quarter 3 Quarter 4 Tota;
City Activity
City Dead Animal Removal 30 21 25 26 102
City Loose Animal 61 52 73 47 233
City Barking complaints 44 17 32 25 118
City Leash Law/Animal waste 47 45 41 30 163
City Other 74 47 34 74 229
City Cat related calls 10 5 10 11 36
City Staff Licenses Sold 124 88 133 87 432
City Total Calls 390 275 348 300 1,313
City Staff Dogs to Shelter 9 11 11 12 43
City Staff Cats to Shelter 3 4 4 7 18
City Staff Wildlife to Rescue/Sheffer 7 2 20 4 33
City Total Animal to Shelter/Rescue 19 17 35 23 94
Dogs Impounded 62 59 52 48 221
Adopted to Public 18 24 16 20 78
Destroyed 14 7 19 20 60
Died,Escaped,etc. 3 0 0 0 3
Reclaimed by Owner 22 22 13 7 64
Transferred/Rescue 5 6 4 1 16
Relinquished by Owner 0 0 0 0 0
Cats Impounded 17 28 0 25 70
Adopted to Public 6 14 0 4 24
Destroyed 11 9 5 13 38
Died,Escaped,etc. 0 1 0 1 2
Reclaimed by Owner 0 3 0 5 8
Transferred/Rescue 0 1 1 2 4
Relinquished by Owner 0 0 0 0 0
Misc.Animals Impounded 15 16 25 21 77
Livestock Impounded 0 0 0 0 0
Dead Animal Pickup 17 22 9 19 67
Animal Bite Reports 25 17 20 17 79
Field Licensing Hours 0.0 0.0 0.0 0.0 0.0
Additional Service Hours 0.0 0.0 0.0 0.0 0.0
Base Service Hours 47.0 35.0 40.0 40.0 162.0
Licenses issued 1266 1183 1260 1,637 5,346
Altered 1177 1089 1202 1,533 5,001
Unaltered 89 94 58 104 345
Revenue Quarter 1 Quarter 2 Quarter 3 Quarter 4 YTD
Licenses $36,940 $32,845 $34,947 $48,550 $153,282
Sale of Animals $869 $1,438 $940 $988 $4,235
Service $1,280 $1,455 $1,466 $2,186 $6,387
Other $0 $0 $0 $0 $0
Total $39,089 $35,738 $37,353 $51,724 $163,904
Exoense
Base Contract 1000.7210.7210.9102
Cost $48,625 $48,625 $48,625 $48,625 $194,500
Revenue -$39,089 -$35,738 -$37,353 -$51,724 -$163,904
Subtotal $9,536 $12,887 $11,272 -$3,099 $30,596
Additional Services
Leash Law Enforcement $0.00 $0.00 $0.00 $0.001 $0.00
AR Activity Report FY 2013-2014
137
Exhibit 2
ANIMAL SERVICES AGREEMENT
TABLE OF CONTENTS
COUNTY OF VENTURA AND CITY OF
PARAGRAPH TITLE PAGE
RECITALS 2
1.0 AGREEMENT TO PROVIDE SERVICES UNDER
STATE AND LOCAL STATUTES 2
2.0 ADMINISTRATION OF PERSONNEL 2
3.0 AMENDMENT OF SERVICE LEVEL REQUEST
FORM 3
4.0 PERFORMANCE OF AGREEMENT 3
5.0 INDEMNIFICATION 3
6.0 TERM OF AGREEMENT 4
7.0 RIGHT OF TERMINATION 4
8.0 RATES FOR SERVICES AND CREDIT FOR
REVENUES 5
9.0 PAYMENT PROCEDURES 6
10.0 RECORD RETENTION 6
11.0 NOTICES 6
12.0 SEVERABILITY 7
13.0 WAIVER 7
14.0 ENTIRE AGREEMENT 7
SIGNATURES 8
138
ANIMAL SERVICES AGREEMENT
COUNTY OF VENTURA AND CITY OF
THIS AGREEMENT is made by and between the COUNTY OF VENTURA, hereinafter
referred to as the County, and the CITY OF , hereinafter referred to as the
City.
RECITALS
a. The City is desirous of contracting with the County for the performance of
animal services described herein by the County.
b. The County is agreeable to rendering such services on the terms and
conditions set forth in this Agreement.
1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL
STATUTES
1.1 The County agrees, through the Animal Services Division of the Department
of Public Health ("Animal Services"), to provide animal services to the City
as set forth herein and in the attached Service Level Request (Attachment
A), as it may be amended by the parties from time to time.
1.2 Such services shall comply with applicable County ordinance, the municipal
code of the City and the statutes of the State of California. The County will
provide only those services set forth in the attached Service Level Request.
2.0 ADMINISTRATION OF PERSONNEL
2.1 All City employees who work in conjunction with Animal Services pursuant
to this Agreement shall remain employees of the City and shall not have
any claim or right to employment, civil service protection, salary, or benefits
or claims of any kind from the County based on this Agreement. The County
shall not be called upon to assume any liability for the direct payment of any
salaries, wages, or other compensation to any City personnel performing
services hereunder. The County shall not be liable for compensation or
indemnity to any City employee or agent of the City for injury or sickness
arising out of his/her employment.
Page 2 of 8
139
2.2 All County employees who perform services for the City pursuant to this
Agreement shall remain employees of the County and shall not have any
claim or right to employment, civil service protection, salary, or benefits or
claims of any kind from the City based on this Agreement. The 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. The City shall not be liable for compensation or indemnity to any
County employee or agent of the County for injury or sickness arising out of
his/her employment.
3.0 AMENDMENT OF SERVICE LEVEL REQUEST FORM
3.1 The City agrees to provide to the County a proposed Service Level Request
form annually, by no later than January 31, for the upcoming contract year
commencing July 1. By no later than March 1, the parties shall agree to the
terms of the Service Level Request for the upcoming contract year, which
shall be signed by both parties and attached to this Agreement as an
amendment. If the parties fail to reach agreement on the terms of the
Service Level Request by March 1, this Agreement shall expire at the end
of the then current contract year.
4.0 PERFORMANCE OF AGREEMENT
4.1 The County shall furnish and supply all labor, supervision, equipment,
communication facilities, and supplies necessary to maintain the agreed
level of service to be rendered hereunder.
4.2 Notwithstanding the foregoing, the City may provide additional resources
for the County to utilize in performance of the services.
4.3 The County, in its sole and exclusive discretion, shall determine the specific
days and specific hours that any County animal shelter shall be open to the
public and the staffing of the County animal shelters; however, the County
will open its animal shelters to the public on at least five calendar days per
week. The County will notify the City regarding any changes in hours and
days that its animal shelters are open to the public.
5.0 INDEMNIFICATION
5.1 The County shall defend, indemnify and hold harmless City, its agents,
officials, officers, representatives, and employees, from and against all
Page 3 of 8
140
claims, lawsuits, liabilities or damages arising from the sole and exclusive
negligence of the County, its agents, employees, and subcontractors, and
employees thereof in the performance or nonperformance of this
Agreement.
5.2 The City shall defend, indemnify and hold harmless County, its agents,
officials, officers, representatives and employees, from and against all
claims, lawsuits, liabilities or damages arising from the sole and exclusive
negligence of the City, its agents, employees, and subcontractors, and
employees thereof in the performance or nonperformance of this
Agreement.
5.3 Each party agrees to provide the indemnifying party with written notification
of any claim within thirty calendar days of notice thereof and shall cooperate
with the indemnifying party in the defense of the claim.
5.4 Each party's right to, and responsibility for, indemnification shall survive the
termination of this Agreement.
6.0 TERM OF AGREEMENT
6.1 Unless sooner terminated as provided for herein, this Agreement shall be
effective July 1, , and shall remain in effect until June 30,
6.2 Upon mutual agreement of the parties, this Agreement may be renewed for
up to five successive periods of one year each.
7.0 RIGHT OF TERMINATION
7.1 This Agreement may be terminated at any time, with or without cause, by
either party upon written notice given to the other party at least 90 days
before the date specified for such termination.
7.2 In the event of a termination, each party shall fully discharge all obligations
owed to the other party accruing prior to the date of such termination
(including, but not limited to, payment for services already rendered), and
each party shall be released from all obligations which would otherwise
accrue subsequent to the date of termination.
Page 4 of 8
141
8.0 RATES FOR SERVICES AND CREDIT FOR REVENUES
8.1 The City shall pay for the services provided under the then current Service
Level Request (Attachment A) in accordance with the provisions thereof.
8.2 The rates indicated in the Service Level Request shall be readjusted by the
County annually effective the first day of July each year to reflect the
reasonable average cost of such service in accordance with the policies and
procedures for the determination of such rate as adopted by the County
Board of Supervisors and in compliance with Government Code section
54985.
8.3 The County shall credit the City with the following revenues paid by City
residents toward the amounts owed by the City for services provided under
the City's Service Level Request in Attachment A: revenues received from
City animal licenses (less applicable license processing fees); revenues
from redemption fees (consisting of impound fees, board fees, quarantine
fees, and microchipping fees) paid by the City's residents if the animal is
redeemed within the first three days of an animal stay each time an animal
is admitted to a County shelter; and revenues from administrative citations
and civil penalties (less administrative processing costs).
8.4 The County shall retain any the following fees paid by City residents without
crediting such fees toward the amounts owned by the City for services
provided under the City's Service Level Request in Attachment A: revenues
from redemption fees (consisting of impound fees, board fees, quarantine
fees, and microchipping fees) paid by City residents for any day after the
first three days of an animal stay each time an animal is admitted to a
County shelter; adoption fees; spay/neuter fees (and other veterinary fees
for services); copying fees; return check charges; euthanasia and disposal
fees; pickup and disposal of dead animal fees; cremation fees; owner
relinquishment of animal fees; capture and transport fees; license fees for
other than dog and cat licenses; permit fees; and inspection fees.
Page 5 of 8
142
9.0 PAYMENT PROCEDURES
9.1 The County shall invoice the City during October for services performed
during the period July 1 through September 30; during January for services
performed during the period October 1 through December 31; during April
for services performed during the period January 1 through March 31; and
during July for services performed during the period April 1 through June
30; and the City shall pay the County all undisputed amounts within 30 days
after the date of said invoice.
9.2 If such payment is not delivered to the County office which is described on
said invoice within 60 days after the date of the invoice, the County is
entitled to recover interest thereon. For all disputed amounts, the City shall
provide County with written notice of the dispute including the invoice date,
amount, and reasons for dispute within 30 days after receipt of the invoice.
The parties shall memorialize the resolution of the dispute in writing. For
any disputed amounts, interest shall accrue if payment is not receive within
60 days after the dispute resolution is memorialized.
9.3 Interest shall be calculated at the rate of two percent (2%) annually or any
portion thereof, calculated from the last day of the month in which the
services were performed, or in the case of disputed amounts, calculated
from the date the resolution was memorialized.
10.0 RECORD RETENTION
10.1 The County shall maintain adequate financial records during the term of this
Agreement to document its cost of providing services under this Agreement.
The County shall retain financial records for a period of seven years after
payment for services under this Agreement, and shall make such financial
records available for inspection to the City, or the City's designee, upon
reasonable notice. The City shall ensure such records are handled in a
manner consistent with all applicable privacy laws and all laws related to
public records.
11.0 NOTICES
11.1 All notices (excluding invoices) required by, or related to, this Agreement
shall be in writing and sent by Certified Mail, Return Receipt Requested,
postage prepaid and addressed as listed below. Neither party to this
Page 6 of 8
143
Agreement shall refuse to accept such mail; the parties to this Agreement
shall promptly inform the other party of any change of address. All notices
required by this Agreement are effective on the date of receipt, unless
otherwise indicated herein. The mailing address of each party to the
Agreement is as follows:
CITY: City Manager
City of
COUNTY Director, Animal Services Division
(attn: Tara Diller)
600 Aviation Drive
Camarillo, California 93010
12.0 SEVERABILITY
12.1 If a court of competent jurisdiction declares any provision of this Agreement,
or application thereof to any person or circumstances to be unenforceable
or in violation of law, the remaining provisions of this Agreement shall
remain in full force and effect, and to that extent the provisions of this
Agreement are severable.
13.0 WAIVER
13.1 Waiver of any default or breach of this Agreement shall not be considered
a waiver of any subsequent default or breach, nor shall it be considered a
modification of the terms of this Agreement.
14.0 ENTIRE AGREEMENT
14.1 This Agreement, including Attachment A hereto and any amendment
thereof, constitutes the complete and exclusive statement of the parties
which supersedes all previous agreements, written or oral, and all
communications between the parties relating to the subject matter hereof.
All changes or amendments to this Agreement must be in writing and
mutually executed by authorized personnel on behalf of the City and the
County.
Page 7 of 8
144
IN VVITiNESS WHEREOF, the County and the City enter into this
Agreement as of the last date set forth below.
COUNTY OF VENTURA
Dated: By
TARA DILLER
Director, Animal Services
CITY OF
Dated: By
City of , City Manager
ATTEST:
By
City Clerk Date
APPROVED AS TO FORM:
By
City Attorney Date
Page 8 of 8
145
Exhibit 3
ATTACHMENT A TO COUNTY-CITY ANIMAL SERVICES AGREEMENT
COUNTY OF VENTURA
AND
CITY OF
FY 2015-16 SERVICE LEVEL REQUEST
Part One: Available Services and Applicable Billing Rates and Credits
Shelter Services
As may be required, the County shall provide shelter services to the City for all
those animals originating within the boundaries of the City (whether picked up in the
City or dropped off at the County's animal shelter) as a result of: confiscation, requests
for euthanasia, owner surrender, owner return, pick-up of stray animals and transfers.
For animals originating in the City, the County shall provide the following shelter
services: impoundment, boarding, quarantine, veterinary services, euthanasia services,
over-the-counter animal license sales, animal adoptions, and disposal of dead animals.
Impounded animals will be vaccinated and provided necessary care, food and shelter in
accordance with the provisions of state law. The animal's picture will be posted on the
Animal Services website as soon as practicable to assist the City's residents in
reclaiming a missing pet. The County, in its sole and exclusive discretion, shall
determine the public and non-public hours of operation and the staffing of the County
animal shelters.
The owner or person entitled to the custody of any animal originating within the
boundaries of the City and impounded at a County animal shelter can redeem such
animal by paying applicable fees according to the Ventura County Animal Services
approved schedule of rates and fees accruing up to the time of such redemption.
The City shall be charged for its proportion of the total County shelter service
costs on the basis of the City's percentage of the total animal intakes at the County's
animal shelters originating from all jurisdictions served by the County's shelters. The
County's total cost of providing shelter services will be multiplied by the City's
City of
Page 1 of 7
146
percentage of animal intakes compared to total animal intakes, adjusted quarterly in
arrears, and charged by the County to the City on a quarterly basis. If any current
contracting jurisdiction terminates its contract with the County, the County will make
every practicable effort to reduce the County's variable shelter operating costs which
are based on the volume of shelter animals served (including, but not limited to,
personnel costs), in order to keep total County shelter service costs at the lowest
reasonable level.
In the event of an animal intake at a County animal shelter originating from the
City due to any police request and/or pending court case that results in a County shelter
stay of more than 15 days, the County shall charge the City for shelter services
according to the Ventura County Animal Services approved schedule of rates and fees
for each day that each such animal receives services.
Field Services
At the election of the City, the County shall provide the City with the following
field services as may be required: responding to calls for service; pick up of dead
animals; capture and transportation of animals; license, permit and other inspections;
pre-hearing investigation of nuisance complaints: post-nuisance hearing compliance
checks; investigation of potential cases of animal abuse and mistreatment; investigation
of potential animal nuisances in violation of Ventura County Ordinance Code section
4467 or an equivalent municipal code provision; assistance with animal evacuations due
to disaster or emergency; and similar or related field services. The City shall be
charged according to the standard hourly rate for field services set forth in the Ventura
County Animal Services approved schedule of rates and fees based on actual hours
expended, and the City shall identify a not to exceed amount for field services per fiscal
year, as well as the average level of service that the City authorizes the County to
provide per week. The County shall notify the City in writing on a quarterly basis
regarding actual hours expended for field services to the City, to enable the City to
make the determination of whether the City wishes to authorize a higher annual not to
exceed amount for field services. The County shall be under no obligation to provide the
City with any field services in excess of the City's identified not to exceed amount.
In the event the City declines to have the County perform field services, the City
shall be responsible for:
(i) Scanning animals for an existing microchip and making all efforts to
reunite a lost animal with its owner based on any microchip information
prior to transporting that animal to a County shelter;
City of
Page 2 of 7
147
(ii) Making all efforts to use information available from any animal's personal
ID tag or a pet license to reunite a lost animal with its owner prior to
transporting that animal to a County shelter;
(iii) Vaccinating an animal with current standard vaccinations identified by
Animal Services prior to transporting that animal to a County shelter; and
(iv) Taking a digital photograph of an animal, and loading the digital
photograph and other pertinent animal information onto the Animal
Shelter's computer information system for tracking animals subject to
impoundment after an animal has been transported to a County shelter.
Rabies Control
At the election of the City, the County shall provide the City with the following
rabies control program as may be required: response and investigation of reported
animal bite and intimate contact cases to establish that state mandated quarantine
procedures are complied with. This includes a follow-up visit to verify the health of the
animal after quarantine. Shelter quarantine will be at the discretion of the County.
Animal Nuisance Hearings
At the election of the City, the County shall provide the City with the services of
one Hearing Officer and one administrative assistant to conduct animal nuisance
hearings for animal nuisance complaints (based on violation of Ventura County
Ordinance Code section 4467 or its equivalent City municipal code provision) originating
within the boundaries of the City. The County shall charge the City according to the
standard hourly rate (for salary and fringe benefits) of the actual Hearing Officer and
administrative assistant providing services based on the actual hours expended per
hearing. The County will not conduct animal nuisance hearings for a violation of local
leash law absent nuisance based on violation of Ventura County Ordinance Code
section 4467 or its equivalent City municipal code provision.
Animal License Processing per License
At the election of the City, the County shall provide the City with animal license
processing services at the annual fiscal year cost of $3.00 per applicable cat or dog
license for each animal within the boundaries of the City. The County shall mail license
renewal notices to the animal owner of record; and when the renewal and payment are
received, the County will process licenses. City residents can use the County's online
weblicensing feature at no additional cost to the City. Licenses will be required before the
County will release an animal to a resident of the City. The City animal license fees that
the County collects (less the County's license processing fee) will be credited to the City
City of
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148
quarterly in arrears against the amount that the City owes the County under the parties'
animal services agreement.
Administrative Citation Processing
At the election of the City, the County, either directly, or through a County
agreement with a County vendor, shall provide the City with administrative citation
processing services at the annual fiscal year cost of$5.00 per citation for citations
issued to animal owners within the boundaries of the City. The citation processing
services provided to the City shall be substantially equivalent to any services that the
County contracts for with respect to processing of County administrative citations. In
the event that the County reaches a determination, in its sole and exclusive discretion,
that it no longer desires to provide administrative citation processing services to the
City, the County shall provide the City with 60 days prior written notice before ceasing to
provide such services.
License Canvassing
At the election of the City, the County shall provide the City with license
canvassing services within the boundaries of the City. The County shall charge the City
according to the standard hourly rate set forth in the Ventura County Animal Services
approved schedule of rates and fees for license team canvassing based on actual hours
expended, and the City shall identify a not to exceed amount for license canvassing per
fiscal year. The County shall promptly notify the City in writing when the City reaches
80% of its existing not to exceed amount, to enable the City to make the determination
of whether the City wishes to authorize a higher not to exceed amount for license
canvassing. The County shall be under no obligation to provide the City with any license
canvassing services in excess of the City's identified not to exceed amount.
Part Two: Specific Service Requests and Approvals
The County will provide the City with the services authorized below:
❑ Shelter Services. The City authorizes the County to provide shelter services for
animals originating within the boundaries of the City during fiscal year 2015-16
according to the terms and conditions set forth in Part One of this Agreement.
Field Services:
❑ The City authorizes the County to provide field services at a not to exceed amount
during fiscal year 2015-16 of ; with field
services of hours per week, to be provided by the County to the City,
City of
Page 4 of 7
149
according to the terms and conditions set forth in Part One. The City hereby
agrees to the County's enforcement of the City's municipal code provisions in
providing field services.
❑ The City declines to have the County provide field services.
Rabies Control
❑ The City authorizes the County to provide rabies control services.
❑ The City declines to have the County provide rabies control services.
Animal Nuisance Hearings:
❑ The City authorizes the County to conduct animal nuisance hearings during fiscal
year 2015-16 according to the terms and conditions set forth in Part One. The City
hereby agrees to the County's enforcement of the City's municipal code provisions
in conducting animal nuisance hearings, and the City agrees to enact, and
maintain in full force and effect, municipal code provisions substantially equivalent
to Ventura County Ordinance Code section 4467.
❑ The City declines to have the County conduct animal nuisance hearings.
Animal License Processing:
❑ The City authorizes the County to provide animal license processing services for
the City during fiscal year 2015-16 according to the terms and conditions set forth
in Part One.
o The City has adopted the license fees set forth in the Ventura County Animal
Services approved schedule of rates and fees.
o The City has adopted the following license fees that differ from the license fees
set forth in the Ventura County Animal Services approved schedule of rates
and fees:
Specify:
Current City license fees were adopted by the City on , 20
❑ The City declines to have the County provide animal license processing.
City of
Page 5 of 7
150
Administrative Citation Processing:
❑ The City authorizes the County to provide administrative citation processing
services for the City during fiscal year 2015-16 according to the terms and
conditions set forth in Part One.
❑ The City declines to have the County provide administrative citation processing
services.
License Canvassing:
❑ The City authorizes the County to provide license canvassing services within the
boundaries of the City at a not to exceed amount during fiscal year 2015-16 of
❑ The City declines to have the County provide license canvassing services.
CITY OF COUNTY OF VENTURA
Signature: Signature:
[Title of Authorized Representative] [Title of Authorized Representative]
Date: Date:
City of
Page 6of7
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THIS PAGE LEFT BLANK
INTENTIONALLY
City of
Page 7 of 7
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