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16 Staff Report - City of San Jose Animal Control ServicesMEETING DATE: 1/5/04 -~awx pF ITEM NO. COUNCIL AGENDA REPORT i fps GASpS DATE: December 29, 2003 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE TOWN MANAGER SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO FINALIZE AND ENTER INTO AN AGREEMENT WITH THE CITY OF SAN JOSE FOR ANIMAL CONTROL SERVICES AND DRAFT LETTER TO SVACA OF INTENTION TO WITHDRAW FROM THE JPA RECOMMENDATION: 1. Adopt resolution authorizing the Town Manager to finalize and enter into an agreement with the City of San Jose for animal control services. 2. Direct Town Manager to draft letter to SVACA, indicating the Town of Los Gatos' intention to withdraw from the JPA by January 25, 2004, effective June 30, 2004. BACKGROUND: In late September, staff was directed to research animal control alternatives because of rising costs of the proposed shelter-plan with SVACA, which was due in part to the withdrawal of the City of Cupertino from the JPA. On November 3, 2003, Council directed staff to enter into contract negotiations with the City of San Jose for animal control services, but also provide SVACA with an opportunity to respond as well. This staff report will provide council with an update of those negotiations with the City of San Jose and the response from SVACA. DISCUSSION: At the November 24`x' JPA Board of Directors meeting, several options were presented to the board of directors for consideration. These options included, 1) a reduced equity participation for member agencies while staying in the JPA; 2) a non-equity participation as a contract agency with SVACA; PREPARED BY: Scott R. Seaman I Chief of Police D:\S anJosecontractstaffrpt.wpd Reviewed by: Assistant Town Manager (L_Town Attorney Clerk inance Community Development Revised: 12/29/03 12:18 pm Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: December 29, 2003 and, 3) enter into a contract with the City of San Jose for shelter services and stay with the JPA for field services. The third option was dropped by a majority vote by the Board. Mayor Glickman requested staff to issue a request for proposal to SVACA under the second option in order to compare levels of service with the City of San Jose. The Board also voted to extend the withdrawal date from the JPA to January 25, 2004, which in essence amends the JPA document. This amendment to the JPA also went before Council on December 15, 2003. Staff presented a request for proposal under Option 2 to SVACA on December 4, 2003. On December 9, 2003, SVACA provided a detailed response to the proposal identifying costs and levels of service for this option (Attachment 4). The keypoints as described by SVACA are that the capital contribution would be $300,000 with no equity, the operating costs for FY 04-05 would be $199,171, which is $35,171 or 21% higher than San Jose's proposal and the response levels and times would be better than that of San Jose. Attachment 5 presents a comparison of SVACA's proposal under this option with the San Jose proposal. SVACA also provided a proposal for option 1, although staff did not request this. SVACA's option 1 proposal would keep Los Gatos in the JPA, reduce the capital contribution requirement to match that of San Jose, at $300,000, provide a competitive level of service, create an equity position that would be proportionate to the capital contribution and allow the Board composition and voting structure to remain the same. The annual cost of the option 1 proposal is $196,456. Staff has worked diligently with the Deputy Director of Animal Care and Control at the City of San Jose, as well as staff from the City of Cupertino to negotiate a contract and scope of services in the best interest of the Town. The City of Cupertino recommended to their Council on December 15, 2003, that they finalize negotiations with the City of San Jose, and have also already withdrawn from the JPA, effective July 1, 2004. By sharing an animal control officer with the City of Cupertino on the weekends and holidays, the annual operating costs have dropped from the original proposal of $190,000 to $164,000. This still allows substantial coverage on the weekends and holidays, given the appropriate number of our animal related calls for service. The attached agreement (Attachment 2), scope of services (Attachment 3), and cost containment provision (Exhibit B of Attachment 3) provide specific details about terms,. termination clauses, field and shelter services, operating schedules, reporting requirements, and response types and levels. Upon consideration of SVACA's existing financial structure and the outcome of negotiations with San Jose, staff recommends that the Town contract with the City of San Jose for the following reasons: ✓ San Jose can provide amore cost effective level of service; $164,000 compared to $199,171 and costs can be projected over time PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: December 29, 2003 ✓ The Town pays a one-time capital contribution of $300,000 towards the shelter facility, animal cages, a field services vehicle and equipment to stock that vehicle ✓ The agreement provides a long term (20 year) relationship for animal control services ✓ The agreement provides for a cost containment provision (CPI-U + 1.5% or % increase in total compensation for animal control officers, whichever is less) ✓ San Jose's animal shelter will be a large, state of the art facility with several beneficial programs and services available to Los Gatos residents and will be completed by approximately March 2004 ✓ The agreement provides for an early termination clause wherein the Town will be assured a percentage of reimbursement for capital costs if the Town terminates the agreement before June 30, 2007 ✓ By sharing animal control officers with the City of Cupertino, the town's costs are reduced while the level of service increases (3 officers for 2 cities, 8 hours a day, five days per week, 365 days per year, and 1 officer for 2 cities on the weekend, 8 hours a day, 365 days per year, compared to SVACA with 2 officers, for 5 cities, 12 hours a day during the week and 1 officer, 9 hours a day on the weekends, 7 days a week, 365 days per year). Staff believes this level of coverage is greater than what is currently provided by SVACA. ✓ If the City of Saratoga contracts with the City of San Jose, service levels for the Town could be even more favorable (12 hour shifts during the week) ✓ Range of ancillary services are comparable ✓ Once approved, staff time in managing this contract will be minimal While staff believes that staying in the JPA has some advantages (voting authority and control as a member agency, solid field services), the critical issues affecting continued participation with the JPA include: ✓ No cost containment provisions have been specified to date by the Board of Directors for operating or shelter costs in option 1, which is to stay in the JPA ✓ The SVACA annual cost to the Town for animal field services is 21 % higher than San Jose proposal in option 2 ✓ SVACA has proposed that the Town provide a capital contribution of $300,000 which will give the Town 5.1 % equity in the shelter, however there is still no cost containment to the shelter costs over the next several years, therefore, it is unclear what the costs will be when the SVACA shelter opens sometime in early 2006 ✓ There was no early termination provision presented by SVACA in option 2 ✓ In a ddition t o C ouncil 1 iaison t ime, s everal h ours p er in onth o f s taff t ime, a cross f our departments are required to support the Town's participation, i.e. Police, Finance, Attorney, and the Manager's office. It is important to note here that the City of Cupertino's Council voted on December 15' to enter into an agreement with the City of San Jose. The City's decision to withdraw from the JPA is effective June 30, 2004. The City of Saratoga voted on December 17t'` to remain in the JPA, as long as the Town of Los Gatos does. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: December 29, 2003 If Council votes to withdraw from the JPA, the City of Saratoga will go back to their Council on January 21" for direction. CONCLUSION: Staff recommends that the Town finalize the agreement and contract with the City of San Jose for animal control services and formally withdraw from the JPA, prior to the Board imposed deadline of January 25, 2004, contingent upon the San Jose City Council approving the agreement with the Town. Staff will ensure that a comprehensive transition plan for residents will be developed prior to the July 1, 2004 effective. date, so that they will be well informed ahead of time of the change in animal control services. This will include working with the City of San Jose during their media campaign before the shelter opens, and writing press releases, distributing fliers, and including pertinent information on the Town website and newsletters. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Upon execution of the Agreement, the Town pays the City of San Jose a $300,000 one-time contribution for capital costs. Beginning July 1, 2004, the Town will pay $164,000 for annual operating costs. This base amount will increase annually at a rate described in Exhibit B of the Agreement. Source of funds for the $300,000 capital fund contribution will be undesignated ending fund balance from 2002-2003. The annual operating costs beginning in FY 04-05, will be a reduction from the FY 03-04 expenditure, and will continue to be funded out of the police department operating budget for animal control services. It is possible that the Town could recoup minimal costs by withdrawing from the JPA, however, this issue is currently being evaluated by SVACA staff, legal counsel and Maze and Associates (SVACA's financial auditor). In addition, the costs for a communications plan for transition will be minimal, and will be absorbed in the Police Department budget. Attachments: 1. Resolution 2. Agreement 3. Scope of Services (Exhibits A and B) 4. SVACA response to RFP 5. Animal service comparisons 6. Sample report from San Jose on Milpitas response times PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: December 29, 2003 Distribution: General Deborah Biggs, Executive Director, SVACA Jon Cicerelli, Deputy Director, Animal Care and Control, City of San Jose RESOLUTION NO. ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO FINALIZE AND ENTER INTO AN AGREEMENT WITH THE CITY OF SAN JOSE FOR ANIMAL CONTROL SERVICES WHEREAS, On August 7, 2000, the Town Council ofthe Town of Los Gatos entered into a Joint Powers Agreement with the Cities of Sunnyvale, Santa Clara, Cupertino, Saratoga, Campbell and Monte Sereno for the purposes of providing animal control services to those communities; and, WHEREAS, the cities of Sunnyvale and Cupertino have withdrawn from the Joint Powers Agreement; and WHEREAS, the Town believes , that fiscal analysis of the current and projected operating costs and shelter operations are cost prohibitive to the Town; and WHEREAS, the Town Council of the Town of Los Gatos directed staff to research alternative animal control services, including the City of San Jose and; WHEREAS, the Town Council and staff believe it is reasonable and in the best interest ofthe Town to enter into an agreement with the City of San Jose for animal control services; NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town ofLos Gatos, County of Santa Clara, State of California, to authorize the Town Manger to finalize and enter into an agreement with the City of San Jose for animal control services. PASSED AND ADOPTED at 'a meeting of the Town Council of the Town ofLos Gatos, California, held on the of January, by the following vote: ATTACENIEAIT 1 COUNCIL MEMBERS: AYES : NAYS : ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Attachment 1 AGREEMENT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT is entered into this day of , 2004 by and between the TOWN of Los Gatos, State of California, herein called "TOWN," and The City of San Jose, herein called "CITY," engaged in providing field, licensing and sheltering services for animal control. RECTTAUS A. The TOWN has been a member of the Joint Powers Agreement that created the Silicon Valley Animal Control Authority since December, 2000. Due to recent rising operational and shelter plan costs, TOWN staff was directed to research options for animal control services. Based on that research, TOWN Council directed staff to enter into contract negotiations with the City of San Jose for animal control services, including field, licensing and sheltering services. B. The TOWN desires to engage the City of SanJose to provide these services because of the CITY'S experience and qualifications to perform the desired work. C. The CITY represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: Scope of Services. Attached hereto and hereafter referred to as Exhibit A and B incorporated herein by reference. 2. Term of Agreement/Capital contribution. The Agreement shall commence on July 1, 2004 and shall be for a term of twenty (20) years unless terminated early as provided in Section 16. Thereafter the term of the Agreement may be extended by mutual agreement. Upon execution of this Agreement, the TOWN shall pay a one time capital contribution payment to CITY of $300,000, which is subject to potential refund pursuant to the early termination provisions of Section 17 herein. The TOWN and CITY shall re-evaluate the scope of services annually and make changes to the Agreement as needed. Compliance with Laws. The CITY shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. CITY represents and warrants to TOWN that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required to provide the desired services. ATTACHMENT 2 CITY represents and warrants to TOWN that CITY shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for CITY to provide the desired services. 4. Sole Responsibility. CITY shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All reports, information, data, and exhibits prepared or assembled by CITY in connection with the performance of its services pursuant to this Agreement are confidential until released by the TOWN to the public, and the CITY shall not make any of the these documents or information available to any individual or organization not employed by the CITY or the TOWN without the written consent of the TOWN before such release. The TOWN acknowledges that the reports to be prepared by the CITY pursuant to this Agreement are for the purpose of evaluating the CITY's services, and TOWN's use of the information contained in the reports prepared by the CITY shall be solely at TOWN's risk, unless CITY expressly consents to such use in writing. 6. Compensation. Compensation for CITY's services shall include field, shelter, licensing, dead animal (including deer and livestock) pick-up and an annual contribution to the Wildlife Center. This also includes a one-time capital cost in FY 03-04 for the CITY's animal shelter, animal control vehicle, and overhead costs. Compensation shall be the following for the period of July 1, 2004 to June 30, 2005: Field and Shelter Services $164,000 If Agreement is continued as specified in Section 2, contract rates shall adjust every year for animal services under this Agreement. The CITY and TOWN agree that this adjustment shall be based on the formula described in Exhibit B`. Any significant change in law or service outside the scope of this Agreement would require additional negotiation. Payment shall be net thirty (30) days. All invoices and statements to the TOWN shall reference the TOWN's purchase order number and be addressed as follows: Invoices: Statements: TOWN of Los Gatos TOWN of Los Gatos Attn: Accounts Payable Attn: Finance Department P.O. Box 655 P.O. Box 655 Los Gatos, CA 95030 Los Gatos, CA 95030 7. Availability of Records. CITY shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. CITY shall make these records available to authorized personnel of the TOWN at the CITY's offices during business hours upon written request of the TOWN. 8. Project Manager. The Project Manager for the CITY for the work under this Agreement shall be Deputy Director Jon Cicerelli, the project manager for the TOWN shall be Captain Alana Forrest, or such other individuals designated by the CITY/TOWN. Assi nay and Subcontracting. The services to be performed under this Agreement are unique and personal to the CITY, and the TOWN and CITY acknowledge and agree that the expertise and experience of the CITY are material considerations inducing the TOWN to enter into this Agreement. The TOWN acknowledges and accepts that a portion of the services provided under this agreement shall be provided by San Jose Tallow, Wildlife Center, of Silicon Valley, or independent veterinary doctors. No additional portion of these services shall be assigned or subcontracted without the written consent of the TOWN. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: TOWN: To CITY: Captain Alana Forrest Jon E. Cicirelli, Deputy Director Los Gatos/Monte Sereno Police Parks, Recreation and Neighborhood Services Department Animal Care and Service Division TOWN of Los Gatos 1821 Zanker Road 110 E.Main Street San Jose, CA 95112 Los Gatos, CA 95032 or personally delivered to CITY or TOWN to such address or such other address as CITY designates in writing to TOWN. 11. Independent Contractor. It is understood that the CITY, its officials, employees, agents and contractors in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the TOWN. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to TOWN employee(s). With prior written consent, the CITY may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. CITY agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. CITY shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by CITY or is based on allegations of CITY's negligent performance or wrongdoing. 12. Insurance. CITY shall provide the TOWN a certificate of self insurance and naming the TOWN as additionally insured. 13. Indemnification. In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the CITY and TOWN pursuant to Government Code section 895.6, the CITY and TOWN agree that all loses or liabilities incurred by a party shall not be shared pro rata as defined in Government Code section 895.6, but instead CITY and TOWN agree that pursuant to Government Code section 895.4, each of the parties hereto shall fully indemnify and hold each of the other party, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of and only to the extent of the negligent acts or omissions or willful misconduct of the indemnifying parry, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible to the extent any damage or liability occurs by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement. 14. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 15. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara. 16. Termination of Agreement. The CITY and TOWN shall have the right to terminate this agreement with cause by giving not less than one hundred and eighty (180) days written notice of termination. The TOWN may be granted up to an additional one hundred eighty (180) days if the TOWN has not been able to secure an alternative animal service provider within the original timeline. Cause shall be defined as a material default by either party, which shall be in turn defined as a failure of either party to complete any of their obligation under the Agreement should any such failure continue for a maximum of thirty (30) calendar days after having been notified by the other party in writing of the failure. In the event of termination, the CITY shall deliver to the TOWN all files, documents and reports performed to date by the CITY. In the event of such termination, TOWN shall pay CITY an amount that bears the same ratio to the maximum contract price as the work delivered to the TOWN bears to completed services contemplated under this Agreement pursuant to paragraph 5 hereto, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 17. Early Termination. In the event that the TOWN exercises its right to terminate the agreement as specified above in Section 16, CITY shall refund the TOWN'S capital contribution based on the following schedule and effective date of termination: July 1, 2004-June 30, 2005 $300,000 July 1, 2005-June 30, 2006 $200,000 July 1, 2006-June 30, 2007 $100,000 Thereafter, no refund shall be paid. 18. Dispute Resolution. It is anticipated that the relationship between the CITY and TOWN will be one of mutual problem solving and open communication. If the TOWN is not satisfied for any reason with the CITY in terms of this Agreement or there is a dispute in the interpretation, application or enforcement of this Agreement, the project managers for both the TOWN and CITY shall attempt to resolve the dispute at their level. If neither project manager is satisfied with the outcome, they may respond in writing, to both the TOWN Manager and CITY Manager of Los Gatos and San Jose respectfully, summarizing the dispute. This written response shall be within 15 days of the date the project managers were unable to reach consensus on the dispute. The TOWN and CITY manager shall have 30 days to attempt to resolve the issue at their level. If agreement cannot be reached during this time frame, both the TOWN and CITY have the authority to enter into alternative methods of dispute resolution. 19. Amendment. No modification, waiver, termination, or amendment of this Agreement is effective unless made in writing and signed by the TOWN and the CITY. 20. Entire Agreement. This Agreement, including Exhibit A and B, constitutes the complete and exclusive statement of the Agreement between the TOWN and CITY. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the TOWN and CITY have executed this Agreement as of the date indicated on page one (1). TOWN of Los Gatos. by: Debra J. Figone, TOWN Manager Recommended by: Scott R. Seaman, Chief of Police Approved as to Form: Orry P. Korb, TOWN Attorney ATTEST: Clerk of the TOWN of Los Gatos, Los Gatos, California Marian V. Cosgrove, TOWN Clerk CITY, by: Signature Print Name Title EXHIBIT A 1) SECTION 1- SCOPE OF SERVICES A. SERVICES PROVIDED For the consideration set forth herein, the CITY OF SAN JOSE, herein referred to as "CITY" shall provide to the TOWN OF LOS GATOS, herein referred to as "TOWN," field, licensing and sheltering animal services as described in this exhibit. These categories of service are sometimes collectively referred to herein as "Animal Services." Calls for animal related services which are not provided by CITY shall be referred by CITY to the appropriate code or police enforcement agency of the Town, either by phone, in writing or by electronic mail. The Animal Services shall be provided by CITY in accordance with all applicable federal, state and local laws and ordinances. B. COMMENCEMENT OF SERVICES CITY shall begin providing Animal Services for field, shelter and licensing pursuant to this Agreement on the effective date defined in Section 2. The term of the Contract shall be for a period of twenty (20) years, and can be extended at ten (10) year increments beyond the initial twenty (20) year period. 2) SECTION 2 - DEFINITIONS A. "Critically sick or injured animals" means those animals that have life-threatening conditions. B. "Dangerous Animals" means any animal, which, because of its size, disposition or characteristics, would constitute a danger to humans or other domesticated animals. J 1 ATTAGEN ENT 3 C. "Emergency Calls" means a stray high risk animal bite to human or domestic animal; animal bites or attacks on humans or domestic animals in progress; or where a bite has occurred and the animal remains a threat to persons or domestic animals. D. "Holidays" are New Years Day, Martin Luther King Day, President's Day, Caesar Chavez Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve Day, Christmas Day and New Years Eve Day. E. "Vicious Dog" means a dog that has attacked, without provocation, humans or other domestic animals or has threatened the safety of humans or domestic animals. F. "Wildlife" means any animal that is native to this region and recognized as an indigenous species. G. "Effective date" means that date upon which this Agreement between the CITY and TOWN is signed. 3) SECTION 3 - FIELD SERVICES A. FIELD SERVICES - CITY to provide annual costs for the following minimum services, including vehicles, communications equipment, hardware and software requirements, office supplies, field and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following "Field Services" within the boundaries of the TOWN: (1) Pick up of confined stray dogs, cats and other small animals, including but not limited to, rabbits, chickens, turkey, geese, birds and ducks and excluding wildlife; (2) Pick up injured or sick stray dogs, cats and other small animals without regard to weight, including birds, that are located on public property or readily accessible on private property with the consent of the property owner or the property owner's authorized agent; 2 (3) Pickup/attempt to pickup injured or sick wildlife, and livestock, whether they are confined or not; (4) Pick up dead animals, including wildlife, from streets and public and private property, and handle or refer dead deer and livestock to San Jose Tallow for disposition; (5) Investigate complaints of animal bites or attacks on humans, including preparation of a report, interviewing the parties involved, quarantining animals which have bitten humans, preparing and transporting biting animals for rabies testing and investigating alleged violations of a quarantine order; (6) Investigate and refer complaints of Vicious and/or Dangerous Animals to the TOWN Code Compliance Officer. Investigations shall include preparation of a report and will include interviewing the parties involved, and collecting available historical data, and testifying (at the City of San Jose's expense) at dangerous dog hearings; (7) Respond to complaints of dogs running at large, attempt to capture them and provide follow-up patrol if appropriate; (8) Respond t o p olice a ssist c alls o n a nimal-related issues which may include taking control of an animal at the direction of a police officer on the scene; (9) Investigation and resolution of activities that may be criminal in nature, such as animal cruelty, neglect and fighting, including the preparation of documents for the District Attorney's office and testifying in court; (10) Investigate and refer complaints of animal abuse or neglect to the TOWN Code Compliance Officer. Investigations shall include preparation of a report and may include interviewing the parties involved, and collecting available historical data; 3 (11) Investigate and refer complaints of excessive animals per the Town Code to the TOWN Code Compliance Officer; (12) Respond to complaints in progress of domestic animals causing a nuisance, except domestic animals making noise, provide follow-up patrol if appropriate, and issue citations as necessary; (13) Respond to venomous or other dangerous snakes or bats in a residence or business. B. RESPONSE TIME PERFORMANCE STANDARDS - CITY shall respond to complaints and requests received by the TOWN or its residents at a performance standard level that is no less than the following: (1) PRIORITY 1 - Response to stray, high risk animal bite to a human or domestic animal, (bats, skunks, bite to human and/or pet); stray or owned animal bites; at large vicious dog; injured animal (domestic or wild); animals in distress (including animals in hot cars); quarantined animal at large; emergency calls, and police assist. Response shall be twenty-four hours per day, seven days per week, within one hour or less from the time the call for service is received by the CITY to the time CITY'S personnel arrive on scene; (2) PRIORITY 2 - Agency assists not defined as Priority 1; bite reports; animals alive or dead on school grounds; traffic hazards; animals in traps; welfare/cruelty/neglect cases (including stray, owned or wild); and confined strays. Response shall be within two hours of the call during the week and four hours of the call on weekends and holidays; 4 (3) PRIORITY 3 - any calls held over; owner surrenders, (live or dead), dead animal pick up; reported loose dogs; and any other requests from the TOWN or the residents of the TOWN. Response shall be within four hours of the call during the week and eight hours of the call on weekends and holidays. C. RESPONSE AFTER BUSINESS HOURS - CITY will respond to Priority 1 calls only after normal business hours, twenty-four hours per day, seven days per week; Priority 2 calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 11:00 a.m. the following day; Priority 3 calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 3 p.m. the following day. D. EXCLUDED SERVICES - The following services are not included in the services provided by CITY under this Agreement: 1. Removal and disposal of dead marine mammals; 2. Pick up and transportation of uninjured or healthy, living. wildlife; 3. Pick up of alive or dead animals for surrender at the owner's request. CITY may provide these services and charge a fee therefore as a part of its operations separate and apart from this Agreement; 4. Permitting or inspection of events with animals; 5. Investigation of complaints that only relate to domestic animals making noise. E) OPERATING SCHEDULE - CITY shall provide animal control field services to the TOWN, responding to Priority 1, 2 and 3 calls during a ten (10) hour shift, Monday-Friday, 7:00 a.m. to 5:00 p.m., and during an eight (8) hour shift on Saturdays, Sundays and holidays. 5 4) SECTION FOUR - SHELTER SERVICES A. SHELTER SERVICES-- CITY shall provide the following services, including shelter facilities, licensing, supplies, animal attendants, supervisors and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following "Shelter Services": (1) Shelter of abandoned, impounded, lost or stray domestic animals, including owner surrendered, brought to the shelter by TOWN residents or CITY; (2) Quarantine of biting animals; (3) Rabies testing of suspect animals; (4) Provision for surrender and reclaim of abandoned, lost or stray domestic animals during established business hours; and (5) Euthanization and disposal of abandoned, lost, impounded, or stray domestic animals that are unclaimed by their owners and do not qualify to be placed for adoption by CITY. B. MEDICAL SERVICES - As part of the Shelter Services, CITY shall provide office facilities, supplies, and professional and trained personnel, employed or under contract, necessary to perform the following "Medical Services": (1) Provision o f v eterinarian s ervices t wenty-four (24) h ours p er d ay t o t reat a nd provide veterinarian care to stray, injured, or sick dogs, cats, and other impounded animals; (2) Monitor impounded quarantined biter animals; (3) Provide vaccination services; and (4) Have available, free of charge to the public, rabies control information. 6 C. OPERATING SCHEDULES - CITY s hall p rovide S helter S ervices for t he a nimals twenty-four (24) hours a day, seven (7) days a week. The shelter shall be open to the public a minimum of thirty-five (35) hours a week, including at least one weekend day. The public hours will be reasonably adjusted to meet the convenience of the users and shall be in compliance with state law. CITY shall provide emergency veterinary services in accordance with Section 597f of the California Penal Code. If emergency veterinary services are needed on weekends, holidays, outside of regular office hours of the CITY, or whenever veterinary services are otherwise generally unavailable, CITY shall contract for these emergency veterinary services, at no additional expense to the TOWN, at local veterinary clinics or wherever emergency veterinary services are available. CITY shall be available to the public for drop-off and disposal of dead animals at its shelter facility seven (7) days a week, twenty-four (24) hours a day. D. DEAD ANIMAL SERVICES - CITY shall provide storage facilities, disposal mechanisms, administrative personnel, and any other personnel, supplies and equipment required to perform the following "Dead Animal Services": (1) Pick up of dead animals, including wildlife, from the streets of Los Gatos, or from private property within Los Gatos with the consent of the property owner or the property owner's authorized agent; (2) Identification and notification of the owner of the dead animal, if possible; (3) Scan each dead animal for microchip identification, if available; and (4) Disposal of the animal. E. RECORDS REGARDING ANIMAL SERVICES - 1) Maintenance of Records - CITY shall maintain accurate records regarding its performance of Animal Services for a period of three (3) years. Such records shall include Shelter Services records regarding receipt, care, reclaim, and disposition of owner surrendered, 7 abandoned, impounded, lost or stray domestic animals, including names and addresses of persons reclaiming animals, dead animal services records regarding receipt and disposal of dead animals, and fees collected for the TOWN. 2) Inspection of Records - CITY'S records regarding Animal Services shall be open to inspection by the TOWN, upon request of the TOWN during CITY'S regular business hours. 3) Monthly Report - CITY shall provide within 30 days of the end of each month, a monthly Animal Control and Impound Report summarizing field services, shelter services, licensing services, medical services and dead animal services provided by CITY to the TOWN. This report shall include, but not be limited to, the following information: (a) Total number of calls for service, complaints relating to animal bites or attacks, complaints relating to vicious or dangerous dogs, and other activities; (b) Total number of licenses sold to LOS GATOS residents; (c) Number of incoming live animals, including wildlife, brought to the shelter (surrender and field); (d) Number of dead animals picked up and brought to the shelter; and (e) Number and type of animals provided medical services along with a brief description of service. 4) Quarterly Report - CITY shall provide, within 30 days of the end of each Quarter, a quarterly Response Time Performance Standard report, for Priority 1-3 calls. 5) Yearly Report - CITY shall complete and submit to the County of Santa Clara Public Health Department the Annual Report of Local Rabies Control Activities. CITY shall provide an annual report of activities and accomplishments to the TOWN. 8 F. PROGRAM REVENUE 1) Fees Collected by CITY OF SAN JOSE: CITY OF SAN JOSE shall collect fees, charges, and penalties ("Program Fees") from the public in connection with some of the Animal Services it provides. These Program Fees shall be at the rates established by CITY OF SAN JOSE. 2) Payment of Program Fees: All Program Fees collected by CITY OF SAN JOSE in connection with the Animal Services provided specifically to LOS GATOS, except fees collected for emergency veterinary services which are paid to contract veterinary providers, shall be remitted monthly by the fifteenth (15th) business day of the month immediately following the month in which the Program Fees were collected. 3) Program Revenue Records: CITY OF SAN JOSE shall maintain accurate records of all revenues derived from the Program Fees for Animal Services. Such records shall be available for inspection upon request of LOS GATOS during CITY OF SAN JOSE's regular business hours. 4) Monthly Fee Statement: CITY OF SAN JOSE shall provide to LOS GATOS with each monthly payment of Program Fees, a_ statement of Program Fees collected that shows the total amount of Program Fees collected and the total amounts collected in each fee category, such as impound, quarantine and board fees. G. ANIMAL LICENSING - CITY OF SAN JOSE to.provide licensing activities for impounded dogs, or other animals to which licensing is applicable that are reclaimed by their owners at the shelter. CITY OF SAN JOSE shall provide for the licensing of all LOS GATOS dogs and cats. Such fees shall be reimbursed to LOS GATOS on a monthly basis. All fees shall be at the rates established by CITY OF SAN JOSE. 9 H. PAYMENT PROVISIONS 1) Timely Payments: Payments shall be made to the CITY OF SAN JOSE by LOS GATOS in equal monthly installments. The CITY OF SAN JOSE agrees to invoice LOS GATOS fifteen (15) calendar days before the first (1St) of the following month. 2) All installment payments by LOS GATOS shall be due and payable in advance on the first (1") business day of each month and, if unpaid, shall be delinquent on the tenth (10th) business day of each month. 3) Payment Amounts: The cost for sheltering services will be derived based on the number of live domestic animals impounded by the CITY OF SAN JOSE. The "live animal" cost incorporates all administrative costs as well as the costs associated with medical and dead animal services. An animal count will be agreed to between LOS GATOS and CITY OF SAN JOSE at the beginning of each fiscal year. This agreed count would form the basis of the monthly billings throughout the year. The agreed count will be adjusted every six (6) months. Any overages will be separately billed and any underages will be separately rebated back to LOS GATOS, and the monthly billing amount for the next six (6) months adjusted if needed. 4) Inspection of Financial Records: CITY OF SAN JOSE'S financial books and records pertaining t o i is p rovision o f A nimal S ervices sh all b e o pen t o i nspection a nd a udit b y LOS GATOS, at our expense, at any time during normal business hours during the term of the agreement. 10 I. INSURANCE CITY OF SAN JOSE, at their sole cost and expense, shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services hereunder by CITY OF SAN JOSE, its agents, representatives, employees or subcontractors. 11 EXHIBIT B The TOWN shall compensate San Jose utilizing the 2004/05 base rate of $164,000. The parties agree that annual increases to animal control service costs shall be limited to the base rate times the percentage increase in total compensation provided to all animal control officers as set forth in the calculation formula below, or the February to February Consumer Price Index-Urban Wage Earners and Clerical Workers for San Francisco-Oakland-San Jose, CA (maintained by the Bureau of Labor Statistics) (hereinafter "CPI-U") plus 1.5%, whichever is less. These contractual costs may be adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. Calculation Formula To calculate the annual projected budget increase to this contract, the following shall apply: ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION: Total compensation refers to the amount San Jose provides for total compensation (salary and benefits) at top step for a 40-hour animal control officer. At the subsequent July 1, the new total compensation amount will be divided by the total compensation effective on the prior July 1, to derive a percentage change in total compensation. The annual projected budget increase in contract costs shall be computed as follows: Fiscal Year 2004/05 Base Year Fiscal Year 2005/06 and thereafter: Proceeding Base Year costs x lesser percentage change in total compensation or CPI-U plus 1.5% Silicon Anima December 9, 2003 Capt. Alana Forrest Town of Los Gatos 110 E. Main Street Los gatos, CA 95032 Re: Proposals for Animal Care and Control Services Dear Capt. Forrest, Dekorak L Biggs Executive Director Serving Carnp6ell Cupertino Los Gatos Monte Sereno Santa Clara Saratoga Based on our meeting on December 4, 2003, the Silicon Valley Animal Control Authority is pleased to present to you two proposals for Los Gatos' continued participation with our agency for animal care and control services. The City/Town Managers of the SVACA's Member Agencies met on November 17, 2003 to discuss Animal Care and Control services as well as alternatives to the present structure of capital contributions for the SVACA shelter project. Collectively, the City Managers of Santa Clara, Campbell and Monte Sereno worked with SVACA staff to put together an alternative proposal for consideration by all the Member Agencies but specifically tailored for Cupertino, Los Gatos and Saratoga to consider (Option 1 below). As a result of the discussion, the Managers suggested two additional service alternatives to explore. The following is a description of the options presented to the SVACA Board of Directors on November 24, 2003. Option 1: Reduced Equity Participation/Reduced Operational Expenses • Maintain the.JPA as a six Member agency. Cupertino would need to rescind its earlier decision to withdraw from the J PA. • Reduce the capital contribution requirements for shelter construction for Cupertino, Los Gatos and Saratoga to match those required in San Jose's current proposals-a total of $1.1 million for the 3 Agencies. • Provide competitive level of service and cost of operations. • The equity position in the Animal Shelter would be proportionate to the capital contribution. • The Board composition and the voting structure would remain the same. Option 2: Non-Equity Participation/Contracts for Services • Cupertino, Los Gatos and Saratoga. would withdraw from SVACA and then enter into separate contracts with SVACA (Santa Clara, Campbell, Monte Sereno) for field and shelter services. • The capital contribution for Cupertino, Los Gatos and Saratoga would be the same as the current San Jose financial obligations and would be "non-equity' positions. Santa Clara, Campbell and J Monte Sereno would collectively fund and own the SVACA facility. ATTACMIENT 4 The above two options were approved unanimously by the SVACA Board of Directors. A third option was presented whereby SVACA would continue to provide Field Services and contract with San Jose for Shelter Services on behalf of all SVACA Member Agencies. This proposal was not approved by the Board. The options are further described below. Option 1: Reduced Equity Participation/Reduced Operational Expenses Capital Contributions: The basis of this proposal is that Saratoga, Los Gatos and Cupertino propose, in concept, to give the City of San Jose a total of $1.1 million for future construction within San Jose's existing facility. The agencies would have no proportional ownership in the San Jose facility, thus the term "non-equity position". This option proposes that Saratoga, Los Gatos and Cupertino would contribute the same $1.1 million toward the SVACA facility and share in the equity. The remaining Member Agencies would have agreed to pay a higher Capital Contribution; they would also own a higher percentage of the facility. The following table compares the original Capital Contributions and the new proposed amounts for a continued 6 Member JPA. Option 1 6 Member JPA Option 1 6 Member JPA Capital (Original Equity Original Contribution Equity Campbell $1,118,065 $833,072 19.1% 14.3% Cupertino $500,000 $948,378 8.6% 16.2% Los Gatos $300,000 $694,750 5.1% ` 11.9%0 Monte Sereno $70,000 $54,598 1.2% 0.9% Santa Clara $3,557,097 $2,728,093 60.9% 46.7% Saratoga $300,000 $586,271 5.1% 10.0%0 As you can see, Los Gatos' capital contribution is reduced significantly, yet you retain 5.1 % ownership of the facility as well as continued input and control on the operation and budget level of SVACA. In addition, Monte Sereno has pledged to contribute more htan their original share of capital funds. Operation Costs: Staff was asked to calculate what the full operational costs would be if the Shelter was in full operation today. Based on current salary, benefit and service agreement levels, the following would be the Member Agency Contributions for full service operations: Campbell $ 199,646.07 Cupertino $ 225,540.34 Los Gatos $ 164,872.71 Monte Sereno $ 12,651.18 Santa Clara $ 661,808.84 Saratoga $ 138,225.45 As presented to the SVACA Board, the above Operational Budget figures are based on 2003-04 dollars. There will be certain start-up costs, as with any operation, not contained in the figures above. The annual costs would level out and should remain consistent beginning year 2. The City/Town Managers favored this option at their November 17, 2003 meeting. Should Cupertino not take advantage of this option, the costs for a 5Member JPA would be: Capital Contribution Current Option 1 Contributions Campbell $997,957 $1,237,658 Los Gatos $835,109 $300,000 Monte Sereno $67,103 $70,000 $3,234,579 $3,937,579 Santa Clara $710,430 $300,000 Saratoga Operating Costs: Campbell $237,059 Los Gatos $196,456 Monte Sereno $15,445 Santa Clara $777,603 Saratoga $166,109 Cost containment for this proposal, as with all budget issues, lies within the responsibility of the Board of Directors with input from the Technical Advisory Committee (staff of the Member Agencies). Option 2: Non-Ectuity Participation/Contracts for Services In this option, Cupertino, Los Gatos and Saratoga would withdraw from the JPA and then enter into separate contracts with SVACA (Santa Clara, Campbell, Monte Sereno) for field and shelter services. Capital Contributions: The Capital Contributions for Los Gatos would be the same as in Option 1-$300,000-but would be a "non-equity" position. The other SVACA Member Agencies would fund the remaining portion of the construction cost and own the facility in its entirety. Contract Services and Fees: The following are comments or "exceptions" to the RFP received by Los Gatos: Section 1, Scope of Services, Paragraph B-Commencement of Services: As discussed in our meeting, SVACA will be providing Shelter Services through its existing contract with the Humane Society Silicon Valley until the construction of the new Animal Shelter is completed. Section 2-Definitions: Minor modifications are needed and perhaps a few definitions added in the contract. However, under "Holidays", SVACA proposes the observance of the current 13 holidays it observes. They are: New Years Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve Day Section 3-Field Services: A. Field Services: SVACA agrees to all the items with the following modifications: (3) Generally excludes live injured adult deer as there presently is not a wildlife center willing to accept sick or injured adult deer. SVACA will however, assist Los Gatos-Monte Sereno Police Dept. in "dispatching" an injured deer, if necessary. (4) Remove reference to San Jose Tallow and insert"through contract'. (6) Remove "and refer":_ SVACA investigates and completely handles Vicious/Dangerous Dogs and other animals, including dangerous dog hearings. Generally these calls are not referred to your staff for completion. In addition, SVACA will use Los Gatos' Hearing Officer; if Los Gatos wishes. (10) Remove "and refer'. SVACA follows through with all investigations of abuse, neglect and cruelty. (11) Remove "Investigate and". Add clause that SVACA staff will assist Los Gatos staff where possible. B. Response Time Standards: SVACA's will meet or exceed the response times as requested (see After Hours below). Those calls listed below with a 24-hour response time are per the current policy; the policy is in the process of being modified as SVACA far exceeds this "standard". SVACA understands the priority numbers listed came from another agency's contract; SVACA would re-number the priorities, keeping the same response times, as to not skew the current database. SVACA's current response time performance measures are as follows: Type of Call Priority # Res onse Times SVACA RFP Current SVACA RFP RFP Weekends Stray, High Risk animal bite to human or domestic animal 1 1 30 min. 1 hour 1 hour Stray or owned animal bites 1 1 30 min. 1 hour 1 hour At large vicious do 1 1 30 min. ' 1 hour 1 hour Injured animal domestic or wild 2 1 30 min. 1 hour 1 hour Animals in distress-includes abuse and cruelty 2 1 30 min. 1.hour 1 hour Quarantined animal at large 1 1 30 mina 1 hour, 1 hour Emergency and police assist 1 1 30 min. 1 hour 1 hour Agency assists not defined in Priori 1 1 2 30 min. 2 hour 4 hour Bite reports 3 2 2 hour 2 hour - 4 hour Animals alive or dead on school rounds 3 2 2 hour 2 hour 4 hour Traffic hazards 1 2 30 min. 2 hour 4 hour Animals in traps 3 2 2 hour 2 hour 4 hour Welfare//Neglect Cases-animals not in danger usual) owner education 5 2 24 hour 2 hour 4 hour Confined strays 3 2 2 hour 2 hour 4 hour An calls held over 3 3 2 hour 4 hour 8 hour Owner surrenders 5 3 24 hour 4 hour 8 hour Dead animal pick u 5 3 24 hour 4 hour 8 hour Reported loose dogs/patrols 5 3 24 hour 4 hour 8 hour Any other requests from the Town/City residents 5 3 24 hour 4 hour 8 hour In addition, SVACA's current response times for the above mentioned priorities far exceed the RFP request. The response times for calls in Los Gatos for FY 2002-2003 were: Priorit Average Performance Level Minutes Standard !in minutes 19.20 30 2 28.23 30 3 93.71 120 4 121.76 5 72.48 1440 *Calls with a Priority 4 are defined as `Today, per Supervisor'. These calls include delivery of the Board meeting Agenda packets. The main criterion that differentiates a Priority 1 and a Priority 2 is that the first is generally referred to as a person in danger or threatened; the latter is an animal. C. Response After Business Hours: SVACA accepts the parameters of this section with exception of the following: SVACA responds to the following calls after business hours: Emergency response to Police, Fire, Coroner Stray, unowned injured animals Stray animal bites/attacks Venomous snakes in a residence SVACA's current requirement is to respond to the scene within 45 minutes or less from the time the call for service is received by SVACA staff. Personnel are required to take their animal control unit home at the end of their shift and are assigned their own cellular phone for exclusive use of our emergency dispatch service, the Los Gatos-Monte Sereno Police Department. (Note: Los Gatos-Monte Sereno Police Department has agreed to continue to provide this service if they withdraw from the JPA and contract for services.) Staff residing such that they would not be able to meet this requirement must make alternate housing arrangements while on emergency stand-by. D. Excluded Services: SVACA will respond to calls to remove and dispose of dead marine animals/mammals. While unlikely in your jurisdiction, SVACA has had one such call within the boundaries of one of our Member Agencies. In addition, SVACA will inspect events with animals when necessary and/or when requested by your staff. With so many animal rights groups protesting performing animal exhibits, we would want to help ensure these events within your jurisdiction are in compliance with any and all applicable regulations. The annual contract fee includes the acceptance of wildlife at the SVACA facility or its contracting shelter but does not include any negotiated agreement with the Wildlife Center of Silicon Valley, due to professional courtesy. Your staff will need to negotiate this agreement separately. E. Operating Schedule: The RFP requests a lower level of service than SVACA currently provides to its members. SVACA would provide Field Services Monday-Friday 12 hours per day from 7 a.m. to 7 p.m. and 9 hours of service on Saturdays, Sundays and Holidays from 8:00 a.m.-5 p.m. This is approximately 530 hours of service per year more than requested. Section Four-Shelter Services, B: Medical Services: Item 3 is clarified to mean that SVACA will provide "at cost' rabies vaccination clinics to the residents of your community as required by state law. In addition, SVACA will be vaccinating certain animals in the shelter; the cost may be passed on to the owner upon redemption or adoption. G. Animal Licensing: SVACA agrees to this section. However, SVACA will, at no additional charge, send computer generated renewal notices as well as at least one (1) delinquent renewal notice, thus producing additional revenue for your agency. Additional: Services not listed in the RFP that SVACA will provide at no additional charge, include but are not limited to: • Free one-year license for animals adopted from the new SVACA Animal Shelter to new owners residing in your community • All animals will be accepted at the new SVACA Animal Shelter from residents of your community regardless of their ability to pay any required or requested "owner surrender fee" • Outreach and Education/Informational programs to schools, civic groups, neighborhood associations and other groups in your community • Animals owned by victims of domestic violence will be housed for 7 days at no charge to the owner, while other animal housing alternatives are arranged (with assistance from SVACA staff) • Animals owned by victims involved in traffic accidents, fires, death (coroner request) will be housed for 4 days at no charge to the owner. • Assist residents with low-cost options to have their pets spayed/neutered • Assist your staff in the adoption or re-writing of municipal codes relating to animals • Many outreach, education and volunteer opportunities to your residents The above are also included in Option 1. Contract Cost: SVACA agrees to provide all personnel, equipment, supplies, services and outside agreements/contracts to perform the duties as set forth by the conditions in the RFP, and the exceptions as so noted, in carrying out the terms and conditions of this proposal. There currently exists an existing agreement for animal housing through the Humane Society Silicon Valley approved by the current SVACA Member Agencies/Board of Directors. The Shelter Services cost to your agency has been calculated at the existing $141 per animal per the agreement, but we have excluded the "per animal" cost on wildlife. The per animal cost will be calculated per the RFP. The contact cost for FY 2004-2005 based on 248 stray dogs, cats and other animals is: Field Services, Licensing, Administration/Overhead $164,203 Shelter Services $34,968 Total $199,171 The contract fee for FY 2005-2006 will not increase more than CPI-W (February) +2%. SVACA anticipates opening the new animal shelter during FY 2005-2006. Your staff will be consulted regarding the level of service requested and the budget process for the first fiscal year, setting the new base contract fee. The terms and conditions of the contract as well as service levels may be renegotiated for FY 2006-07 and ensuing years. The Board of Directors and Staff continues to be dedicated to serving the residents of Los Gatos. We await a favorable response. Best Regards, Deborah L. Biggs Executive Director Animal Service Comparisons 12/29/2003 Category SVACA/Option 2 San Jose Shelter: 1 Capital Costs $300,000 $300,000 2 Equity Reimbursed upon withdraw? Possible/minimal Yes - sliding reimbursement scale for first 3 years 3 Shelter Construction Complete? No - costs are not finalized; Yes - only TI's are needed Management/JPA must bring Includes large exercise area project to completion 4 Cost Containment Clause? Yes - CPI/U + 2% Yes - CPI/W + 1.5% or cost of employee salary/benefit increases, whichever is less 5 Cost Reduction Incentive? No - We absorb our share of Yes - only billed on domestic SVACA annual budget live animals. If we reduce our animals, we pay less. 6 Shelter Hours 34/week 45/week 7 Shelter Distance 16 minutes 17 minutes 8 Shelter Services same - see attached same - see attached Field/Licensing: 1 Annual Costs $199,171 $164,000 2 Cost Containment Clause? Yes - CPI/U + 2% Yes - CPI/U + 1.5% or cost of employee salary/benefit increases, whichever is less 3 Vote on Governing Body? Yes - but only control 11 % No 4 Number of field officers provided 3 officers for 6 cities Monday through Friday 12 hour shift 3 officers for 2 cities on call after hours 4 officers for 3 cities Sat = 2 officers for 6 cities Monday through Friday Sun/Hol = 1 officer for 6 cities 8 hour shift on call after hours S/S/H = 1 + officer for 2 cities S/S/H = 1 + officer for 3 cities 5 Response Times P1 = 1 hr or less P1 = Max 1 hr or less" We expect SJ response times P2 = 1 hr or less P2 = Max 2 hrs or less"" to be less given the number of P3 = 2 hrs or less P3 = Max 4 hrs or less"" officers dedicated to our cities wkends/hol = 1/4/811" Other: 1 City Staff/Council Time Commitment 12 hrs + per month 1 hr per month 2 Type of relationship JPA - in for the duration Contract - provides options if city is unhappy with service, i.e., Dispute Resolution 3 Dispatch Services Los Gatos PD provides currently ATTACffMIENT 5 KAlana Forrest - Service level Com arisons.xls rt Pa e 1 Animal Control Service Level Comparisons Palo Alto/ SVACA Sunnyvale San Jose Types of Animals Covered Confined and health domestic animals x X X Injured or sick domestic animals x X X Injured or sick wildlife x X X Injured or sick deer 1 1 X Dead animals- domestic and wildlife x X X Dead deer . 1 1 X 1 Separate contract Response Times Priori 1 calls - Person at risk or in danger 30 min or less 1 hr or less 3 Immediate 2 Priority 2 calls - Animal at risk or in danger 30 min or less 1 hr or less 3 2 hrs or less' 2 Priority 3 calls - Non-emergency, next available officer 2 hours 24 hrs Same day 2 2 after hours priority 1 = 1 hr or less; priority 2= 4hrs or less; priority 3= 8 hrs or less 3 during business hours Services Provided Adoptions x X X Animal behavior classes not at this time x Behavior hotline 3rd a X , Connections to breedspecific rescue groups x X X Disaster/Evacuation assistance -no charge for animals x X Educational Seminars x. X X Euthanization and disposal of animals not adoptable x X X File problem cases with the District Attorney x X X Foster care x X X Free housing for pets of fire and accident victims x X Free housing for pets of victims of domestic violence X w/ limits x X Free rabies control information x X X investigate and refer complaints for abuse or neglect x X X - Investigate and refer complaints for dangerous animals x X . X - investigate and refer complaints for vicious dos x X X - Investigate complaints for bites or attacks to humans x X X - Issue citations as necessary x X X Licensing x X X - Lost et database x X X Micro chipping x X X Online pictures of animals for adoption x X Pet grooming prior to adoption x as needed as needed Pick u owned animals x X X Provision for surrender and reclaim of animals x X X Quarantine & Monitoring of biter animals x X X Rabies testis of suspect animals x X X Rabies vaccination clinics x X X Shelter of abandoned, impounded, lost or stray animals x X X Agana rorrest - aervlce level yomparlsons, t-a e Spay/neuter clinics x X X Special event days x X X Tours x X X Trap rental/retrieval x X X Veterinarian care to stray, inured, sick or other impound,,: X X X Volunteer opportunities x X X Web site for all stray and adoptable animals x X Wildlife rescue x X Dead Animal Services Identification & notification of death to owner x X X Scan animal for microchip identification x X X Disposal of animal x X X Drop boxes for after hour receiving x X Licensing Provide for dogs and cats x X X License animals reclaimed from shelter x X X Provide discounts forspay/neuter x X X Collect all fees as appropriate x X X Spay/Neuter incentive program x X X Free license with adoptions x X Reporting Provide month) or quarterly reporting of animals x X X Provide month) or quarterly fee collection information x X X Complete/submit the Annual Report of Local Rabies x X X Control Activities to SCC Public Health Dept L/admin services/service level Comparisons ~4 ' m I o II (D O N cc \ c II r N O t Il c"! tD (D CD M 11 N N CY IT tl Q O 11 II 11 I I O II II I- I I 11 I I 0 O II to 07 co c (fl `r s Cl) O 11 Cl) co II II ~ o II C II 11 I I ~ If 11 • II . r L c 11 r M N N c 0 11 ~ 11 CD O c'7 O O II co 11 0 0 11 N II tB ~ II m c II u m LO LO 11 o• 11 o II N y h r II (D t Cl) O 11 O II r y CO cfl II II 4f T II O CL II %V L II G < . w O 1~ r y (D II ° II 0 yr- tT o O II Y 11 V o m co 11 II a Z E II . 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II m II t9 If 11 O E 11 C V 11 m N N N N o II A W 11 co (A O II p II p 11 O v co 21 C CD It C II C II y V II w II A II II O i U ~ to o II c 11 r r r- r \ o0 II C II t0 Of o ~ O II 0 11 m ~ 11 ~ u a 4m 11 - it 11 N II ° 11 d Id N N o o II O N II r 11 ~ C a o O 11 .a N N O II i O t0 11 m ~ II O j O II 11 ~ 11 = i Z 11 II CD O N CO CO \ II 0 0 C M c 11 U to C o 11 N (7 co 11 11 ' O II 11 V i U y 11 II II C I O y n c 1 0 II i Q r II o II CD E) N cz M r 0 C 11 y N O d V O II 7 II Y II V I O 11 11 C m I to 11 d V CD O o 11 N N M c co O 11 = N y O II C ( V 0 11 CJ O O 11 II L W = CD II {v II 11 W 11 1. 11 I O r- M V \ II ~ CU') co co ~ a I O II O O W N O ~ II II O r V M co 11 C II O to O C II Q II Z O II II GJ O C II Y 11 c >2 a it C 0 II L ui U) W a~ 11 CO I I y p I I y i. iN O y II II h 11 I 'll A L L J ~L L N It II m~L co ,I L~CN 11 z Q v ca u co -zn- 11 tD Ip O C co U) II c II ° Q U o c c cD co O c w n c9 C 11 c m m 3t L r ca. E - o 0 N O 1 3t c9 s Cti o 'r III O 11 N O II c'7 N O d 0 O t a) ca E U II N N O Lo O O ` O E U c9 II 11 O II U ° II E J Q m° J Q II •i J 2 F-• C c C II Il ` ii aL 5 U co to tD II II II II II II II II I I 11 II Cl) II ~ (D 11 II II 11 II 11 II 0 11 11 11 co II II I I p I I 11 II 11 ' II 11 o it 11 11 r u7 II 11 (0 II II II II 11 tl n 11 II 11 It n WO ~ 11 11 0 11 11 11 co u n II fV I1 n 11 11 ~ ,1 II ( II II A tl 11 fA II 11 11 0 11 C r 11 In it m ID II 11 11 ~ II II 11 y 11 II ~ 11 R7 II o II t\ 11 'O ' ~ ~ Il ~ II 1 7 0 II to It II ~ II 11 . C 11 I I A 11 M ° I I \ 11 M It C N it M ~ i1 -tl ~ cn 41 11 tJ) 11 II ~ If ~ II II tT II 11 .r Oj it co CO II ~ C 11' I1 O 1 II 1 C 11 11 u o I I y 11 m N 11 aaoo co II E . j C II. II t4 II II O 11 co II ° y II if 'In Go N II C N 11 O II t0 II II a n I I C C 11 II II Q II II 11 O II ° I I O N 11 It N O I I 11 O II c C II II I ~ !I I C II 11 n O 11 Q 11 11 11 l q z r r L U 11 ` II 0 I I rn II ~ II 11 U II ~ C ~ W U II I1 11 o II J a o c to if MM 2 11 : Z I I1 O I 0 ` II v II Q _j - f- J C II O II O II ~ II 0 Q v n a 11 ' v ATTACBT 5