HomeMy WebLinkAboutAgenda Report - February 15, 2012 I-02AGENDA ITEMT 40 low
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Consider Recommendations and Responses to Lodi Animal Advisory
Commission's 2010 Annual and 2011 Mid -Year Reports and Provide Direction
Regarding Role of Commission
MEETING DATE: February 15,2012
PREPARED BY: Chief of Police
RECOMMENDEDACTION: Consider recommendationsand responsesto Lodi Animal Advisory
Commission's 2010 annual and 2011 mid -year reports and provide
direction regarding role of Commission.
BACKGROUND INFORMATION: The Lodi Animal Advisory Commission prepared a 2010 annual and
2011 mid -year report, both of which were presented to the City
Council at the August 9, 2011 Shirtsleeve Session. Due to a lack of
response from the City Council, the Commission subsequently asked the City Council for direction and
clarification of its role during the December 20, 2011 Shirtsleeve Session. The City Council asked staff to
set the matter on a future regular meeting agenda so that they may take action. Tonight's regular meeting
is an opportunityfor the City Council to review in detail the recommendations of the Commission, the
response to those recommend ationsfrom staff and provide direction as to the role of the Commission
The following are Commission recommendations regarding the Lodi Animal Shelter and staffs response
to those recommendations:
Recommendation No. 1: Consider contracting with eCivis Grants Network (grants management
software) that provides grant information, reporting, and management; and make this software available
to City nonprofit partners.
Response No. 1: Subscription costs to accesseCivis Grants Networkwould be approximately $500
annually, and additional fees would apply if we accessed the service's grant writing or reporting options.
Instead, and at no cost, the City subscribes to grants.govfor alerts on government grants, and PALS
volunteers are continuously searching for private and non-profit grants focused on animal services.
Recommendation No. 2: Ensure pet license (and spay/neuter) reminder notices are included as inserts
in January utility bills each year.
Response No. 2: This recommendation is already being done as reminders are mailed annually with the
utility bill.
Recommendation No. 3: Institute "Pet of the Week" under "What's New" on the City web site and link to
Animal Services web page with a photo/description of one adoptable cat or dog, updated weekly.
Response No. 3: This recommendation is already being done on a weekly basis by LSP/PAL,S.
LSP/PALS continuously updates and maintains Shelterinformation through the Lodi News Sentinel and
on www.peffinder.com.
APPROVED:
Bartlam, City Manager
Recommendation No. 4:Automate the pet license renewal process and make it available online.
Notices should be sent to all residences at least once per year, as pet ownership changes frequently
R e s p o n s e No. 4: 1) Licensing information is currently on our web site, but due to information that
requires verification (proof of vaccinations, spay/neuter information), complete automation is difficult. 2)
LSP/PALS is currently maintaining all licenses and sending yearly reminders to current and past pet
licenses. 3) Pet licensing has increased substantially with LSP/PALS taking over this responsibility, from
626 in 2008/09 to 1, 933 in 2010/11.
Recommendation No. 5: Add exterior signage at the Shelter displaying euthanasia statistics in an effort
to educate the public regarding the realities of pet overpopulation.
Response No. 5: This recommendation may place a negative shadow over the shelter's successes,
rather than promoting successful adoptions. The Shelter has the lowest euthanasia rate and highest
adoption rate among County shelters.
Recommendation No. 6: In public education materials, emphasize the importance cf not bringing
nursing puppies and kittens to the Shelter, as they cannot be cared for. If no alternative exists, it is
preferable to have the mother taken to the shelter with her puppies/kittens.
Response No. 6: This recommendation is already being adhered to as information is currently being
given to the public, through newspaper articles, fliers and in person. LSP/PALS, Animal Service Officers
and office staff continue to inform people that come to the shelter of this information.
Recommendation No. 7: Supply all local veterinarian offices with informational cards to provide to all
customers who have their pets vaccinated reminding them of licensing requirements.
R e s p o n s e No. 7: This recommendation is already being adhered to as an information packet for new pet
owners is being created by LSP/PALS and staff for distribution by veterinarians.
Recommendation No. 8: The Animal Services website is no longer being updated. A current, functional,
municipal website is critical considering that nearly 80 percent of people today are accessing information
online. When citizenry can rely on current website information, they will seek answers to inquiries online
rather than making phone calls, which further burdens the ever decreasing number of staff.
Response No. 8: The Animal Services website is updated on a monthly basis with current statistics. In
addition, the website is also updated on a regular basis as changes are identified.
Recommendation No. 9:A Trap -Neuter -Return (TNR)program should be developed and ultimately
adopted as an official policy in the City for managing the feral cat population.
Response No. 9: This recommendation is cost prohibitive, labor intensive and a City -organized TNR
program is not feasible. Such a program is better suited for a nonprofit to manage and fund. In addition,
there is disagreement between animal welfare groups and many environmental, wildlife and veterinary
organizations as to TNR programs' benefit and potential harm.
Recommendation No. 10: There should be standardized responses provided by all Shelter
representatives regarding the differences in policies, procedures, and fees applied to animals at the
PALS facility versus those housed at the Animal Shelter itself. Additionally, all people relinquishing
animals should be advised candidly about the realities of euthanasia at the Lodi Animal Shelter.
Re s p o n s e No. 10: This recommendation is already being adhered to through a group effort with
LSP/PALS, Animal Shelter staff, the Police Department, the Office assistant (paid by LSP), the Office
Manager (also paid by LSP), volunteers and the Animal Control Officers which resulted in uniform
training and instruction when answering questions and inquires from the public.
Recommendation No. 11: The stipulation in Resolution 2007-161 (which created the Commission) that
" The Commission shall prepare and submit an annual report to the City Council no later than sixty (60)
days after the end of each calendaryear" should be adhered to so that it occurs prior to Council's
adoption of the City's fiscal -year budget. This Annual Report was scheduled for a City Council
Shirtsleeve agenda four months after its original approval by the Commission, which necessitated mid-
year amendment in order to reflect current conditions.
Response No. 11: This recommendation is well -noted although it is also understood that the City
Council Shirtsleeve Session and Regular Meeting agendas are put together based on item urgency and
level of importance to the City as a whole. As an example, the current Shirtsleeve calendar is full until
mid-June.
Recommendation No. 12: Place additional effort in soliciting for vacancies on the LAAC by including
one line item in every advertisement the City Clerk publishes in the Lodi News Sentinel until all positions
are fully filled (e.g. "One(?) vacancyexists on the Lodi Animal Advisory Commission; contact the City
Clerk for more information.') NOTE: The LAAC functioned with only four members during all of 2010
through April 2011.
Response No. 12: This recommendation is cost-prohibitiveas an additionalline on each advertisement
that the City Clerkpublishes will cost additional money. In addition, it would be unfair to place an
additional line for the Animal Advisory Commission and not the other eleven boards, committees and
commissions. The City Clerk's office currently solicits for vacancies for all boards, committees and
commissions through the newspaper and the website.
The Lodi Animal Advisory Commission was established in February 2008 upon the dissolution of the
Animal Advisory Task Force. The Commission was, in part, established to serve the Council in an
advisory capacity regarding matters concerning animal population control and exploring options for
funding animal -related programs. Additionally, the Commissionwas asked to explore long and short-
term needs of the Animal Shelter and to provide recommendationsto Council to address those needs.
Since its inception, there have been numerous vacancies on the Commission and several meetings have
been cancelled due a lack of a quorum.
After the Commission's creation in 2008, the City entered into a Professional Service Agreement (PSA)
with PALS (People Assisting Lodi Shelter) and LSP (Lodi Shelter PALS). Through this agreement and the
professional relationship the City has developed with LSPIPALS, there is continuous oversight and
review of the policies and procedures, as well as immediate and future needs, for animal services and
the Shelter in the City of Lodi. According to the 2011 San Joaquin County Animal Services Study,
conducted by Animal Protection League, Lodi's shelter has the lowest euthanasia rate for dogs (17
percent) and cats (55 percent) in the County, and has the highest adoption rates for dogs (65.1 percent)
and cats (34.4 percent). Lodi serves as the model for others in the county.
FISCAL IMPACT: None related to receiving the staff report; specific recommendations
have a variety of fiscal impacts.
Mark Helms
Chief of Police
Attachments: Exhibit A: LAAC Annual Reportfor 2010
Exhibit B: LAAC Annual Report Mid -Year Amendment (2011)
Exhibit C: Resolution No. 2007-161
Exhibit D: PSAwith LSP
Exhibit E: County Animal Services Study (pages 153-161)
Cc: CityAttomey
EXHIBIT A
LODI ANIMAL ADVISORY COMMISSION
ANNUAL REPORT FOR 2010
BACKGROUND
Resolution 2007-161 established guidelines for the Lodi Animal Advisory Commission,
including the following powers and duties:
1. Act in advisory capacity to the City Council in all matters pertaining to animals
and to cooperate and coordinate with other governmental agencies and civic
groups in the advancement of sound animal planning and programming,
2. Explore both the short-term and long-term needs of the Lodi Animal Shelter and
investigate and make recommendations on possible funding sources to meet
identified needs;
3. Make periodic inventories of animal services that exist and/or may be needed
and present the same to the City Council,
4. Aid in coordinating and promoting pet population control measures through
education and development of spay/neuter programs and explore funding
opportunities for programs and education regarding the same; and
5. Serve as an information and referral source on animals in the community.
It is recommended that the City Council revisit Resolution 2007-161 considering
and integrating changes that have occurred since contracting with Lodi Shelter
PALS. Duties described under items 4 and 5 are now provided all or in part by
Lodi Shelter PALS or Animal Shelter staff. Additionally, it is suggested that the
word "inventories" in item 3 be amended to "observations of conditions".
REPORT ON PREVIOUS GOALS (as outlined in 2009 Annual Report)
A. The $24,000 Council allocated for Shelter improvements still has not been fully
expended, though the sally port cover and kennel upgrades are in dire need of being
completed.
During 2010 the following improvements were made: New washer/dryer, storage
shed, and cover for outdoor dog runs were procured; Plexiglas was placed
behind cat cages, new kennel latches and indoor lighting have been installed, and
40 dog beds were donated. By June 2011 staff anticipates expending the
remaining funds (approximately $5,300) on another storage shed, outdoor
lighting, and additional feral cat boxes. Note: It was determined that the sally
port cover could not be obtained, due to difficulties in obtaining a permit.
B. The Shelter continues to report receiving many feral cats. It is recommended that
the City embrace and encourage private non-profit community groups willing to
manage and fund Trap -Neuter -Return programs.
Animal Shelter staff are now assisting feral cat colony caregivers by not
euthanizing tipped ear (i.e. surgically altered) cats that enter the Shelter. Tipped
ear feral cats are housed for three days, after which they are released to a
caregiver who returns them to the colony site. (See "Accomplishments" for more
information on this topic.)
Lodi Animal Advisory Commission - Annual Report for 2010 Page 1
C. Revenue is not being fully realized because pet license billing/renewal notices have
not been regularly and systematically mailed to pet owners in the City.
Lodi Shelter PALS utilizes data from 2008 to present for pet license renewal
notices. (See "Recommendations" for more information on this topic.)
D. Recommendations made by the Commission throughout the past year include:
1) post fliers in the downtown kiosks, -- DONE
2) insert spay/neuter program information in the monthly utility bills, -- DONE
3) provide realistic information to people regarding the euthanasia rate,
Statistical information is now available on the City's website. (See
"Recommendations" for more information on this topic.)
4) informational handouts on basic care of animals, answers to frequently asked
questions, and services offered by various local non-profit organizations should
be available in hard copy in the office of the Animal Shelter, the library, posted on
the City's website, and included in license renewal mailers; --
Shelter staff have developed various informational handout materials. (See
"Recommendations" for more information on this topic.)
5) implement and advertise a barn cat program; -- DONE
6) the Shelter should remain open until 7.00 p.m. certain days of the week as a
convenience to working persons.
The Animal Shelter is open Monday through Saturday from 9:30 a.m. to
4:30 p.m. with Animal Services Officers available from 7:00 a.m. to
6:00 p.m. for services as needed.
E. Provide veterinarians with animal license forms and encourage them to provide
to all customers obtaining rabies vaccinations for their pets.
Pending. (See "Recommendations" for more information on this topic.)
F. Create a new marketing program to encourage pet owners to license their pets
with a theme that licenses are "tickets home" for lost pets.
A flier was inserted in January 2011 utility bills reminding the public to
spay/neuter and license their pets.
ACCOMPLISHMENTS (calendar year 2010)
Lodi Animal Services Disaster Plan — solicited volunteers, moved extra kennels
to two locations at higher elevation and developed a timeline to complete the
plan;
➢ Chair Castelanelli is facilitating monthly meetings of interested parties and
combined the efforts of three non-profit groups to develop, manage, and fund a
citywide Trap -Neuter -Return program;
➢ Animal Shelter webpage is continuously being improved and updated; and
➢ Lodi Shelter PALS agreement was amended by the City Council on October 6,
2010, which guarantees $50,000 a year plus fees collected for redemption,
relinquishing, and boarding.
Lodi Animal Advisory Commission - Annual Report for 2010 Page 2
RECOMMENDATIONS
➢ Place additional effort in soliciting for vacancies on the LAAC by including one
line item in every advertisement the City Clerk publishes in the Lodi News
Sentinel until all positions are fully filled (e.g. "One (1) vacancy exists on the Lodi Animal
Advisory Commission; contact the City Clerk for more information.') NOTE: The LAAC
functioned with only four members during all of 2010 through April 2011.
➢ Consider contracting with eCivis Grants Network -- a grants management
software which provides accurate grants information, reporting, and
management; make this software available to City of Lodi nonprofit partners.
➢ Ensure pet license (and spay/neuter) reminder notices are included as inserts in
January utility bills each year.
➢ Institute "Pet of the Week" under "What's New" on the City's website homepage
(e.g. link to the Animal Services webpage with a photo and brief description of
one adoptable cat or dog. To be updated weekly.)
➢ Automate the pet license renewal process and make it available online. Notices
should be sent to ALL residences at least once per year, as pet ownership
changes frequently.
➢ Add exterior signage at the Shelter displaying euthanasia statistics in an effort to
educate the public regarding the realities of pet overpopulation.
➢ In public education materials, emphasize the importance of not bringing nursing
puppies and kittens to the Shelter, as they cannot be cared for. If no alternative
exists, it is preferable to have the mother taken to the shelter with her
puppies/kittens.
➢ Supply all local veterinarian offices with informational cards to provide to all
customers who have their pets vaccinated reminding them of licensing
requirements.
This Annual Report was approved on April 11, 2011 for submission to the Lodi City
Council by the Lodi Animal Advisory Commission:
Chair, Linda Castelanelli
Vice Chair, Phil Laughlin
Secretary, Susan Blackston
Commissioner Daniel Crownover
Lodi Animal Advisory Commission - Annual Report for 2010 Page 3
EXHIBIT B
LODI ANIMAL ADVISORY COMMISSION
ANNUAL REPORT MID -YEAR AMENDMENT
(Covering period through June 2011)
REPORT ON PREVIOUS GOALS (as outlined in 2009 Annual Report)
A. The $24,000 Council allocated for Shelter improvements still has not been fully
expended, though the sally port cover and kennel upgrades are in dire need of being
completed.
During 2010 the following improvements were made: New washer/dryer, storage shed,
and cover for outdoor dog runs were procured; Plexiglas was placed behind cat cages,
new kennel latches and indoor lighting have been installed, and 40 dog beds were
donated. *By June 2011 staff anticipates expending the remaining funds (approximately
$5,300) on another storage shed, outdoor lighting, and additional feral cat boxes.
Note: It was determined that the sally port cover could not be obtained, due to
difficulties in obtaining a permit.
*_*MID -YEAR AMENDMENT. Kennel repairs and sunshade installation have not
been done as of July 11, 2011.
D. Recommendations made by the Commission throughout the past year include:
3) provide realistic information to people regarding the euthanasia rate,
*Statistical information is now available on the City's website. (Also see
"Recommendations" for more information on this topic.)
*_*MID -YEAR AMENDMENT. The statistical information on the Animal Services
webpage has not been updated since February 2011.
RECOMMENDATIONS
➢ The stipulation in Resolution 2007-161 that "The Commission shall prepare and
submit an annual report to the City Council no later than sixty (60) days after the
end of each calendar year' should be adhered to so that it occurs prior to
Council's adoption of the City's fiscal year budget. This Annual Report was
scheduled for a City Council Shirtsleeve agenda four months after its original
approval by the Commission, which necessitated a mid -year amendment in order
to reflect current conditions.
➢ The Animal Services website is no longer being updated. A current, functional,
municipal website is critical considering that nearly 80% of people today are
accessing information online. When citizenry can rely on current website
information, they will seek answers to inquiries online rather than making phone
calls, which further burdens the ever decreasing number of staff.
➢ A Trap -Neuter -Return program should be developed and ultimately adopted as
an official policy in the City for managing the feral cat population.
Lodi Animal Advisory Commission - Annual Report Mid -Year Amendment Page 1
➢ There should be standardized responses provided by all Shelter representatives
regarding the differences in policies, procedures, and fees applied to animals at
the PALS facility versus those housed at the Animal Shelter itself. Additionally,
all people relinquishing animals should be advised candidly about the realities of
euthanasia at the Lodi Animal Shelter.
SUMMARY:
Spaying/neutering lies at the foundation of any effective animal control program.
Reducing pet overpopulation not only prevents surplus births, but will lower the cost of
City Animal Services, i.e. less animals entering the shelter equates to less staff and
operational costs needed to care for them. Currently, a small group of devoted
caregivers are trapping and using vouchers to spay/neuter cats in an effort to ultimately
reduce the number of feral cats in the city. It is hoped that a Trap -Neuter -Return
program could be adopted as an official citywide policy once an organization can be
established to manage and fund such a program. It has been estimated that only 25%
of pet cats and dogs residing with families have come from animal shelters or rescue
groups. In addition to a goal of decreasing the number of animals being impounded, the
Animal Shelter should focus on increasing the number of adoptions by making it a
convenient and desirable choice for people. This could be achieved through improving
shelter conditions and removing any obstacles that may be preventing or discouraging
Shelter animal adoptions. Ideally, no adoptable or treatable animals would be
euthanized at the Lodi Animal Shelter. With the approval and implementation of the
recommendations outlined in the 2010 Annual Report and Mid -Year Amendment, the
essential mission of the Lodi Animal Advisory Commission would be achieved and
result in more humane treatment of animals, responsible care of pets by their owners,
and a better informed citizenry regarding the issues faced by municipal shelters.
This Mid -Year Amendment to the Annual Report was approved on July 11, 2011 for
submission to the Lodi City Council by the Lodi Animal Advisory Commission:
The motion carried by the following vote:
Ayes: Commissioners — Blackston, Castelanelli, Cohen, Laughlin,
and Martin
Noes: Commissioners — None
Abstain: Commissioners — Primasing
Absent: Commissioners — None
Lodi Animal Advisory Commission - Annual Report Mid -Year Amendment Page 2
EXHIBITC
RESOLUTION NO. 2007-161
A RESOLUTION OF THE LODI CITY COUNCIL CREATING
AND ESTABLISHING THE GUIDELINES FOR THE
LODI ANIMAL ADVISORY COMMISSION
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WHEREAS, the City of Lodi has a long-standing history of recognizing the need
associated with the pet population in the community; and
WHEREAS, the City Council established the Animal Shelter Task Force on
September 20, 2000, to review the needs of the Animal Shelter and provide short and
long-term recommendations regarding the same; and
WHEREAS, the City Council recently acknowledged the need to create a
permanent Commission to review, among other things, responsible pet ownership
including benefits of spaying and neutering, proper care and shelter, and general
awareness of issues concerning the humane treatment of animals; and
WHEREAS, the following design for the establishment of the Lodi Animal
Advisory Commission is hereby submitted.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby
creates the Lodi Animal Advisory Commission and hereby establishes the guidelines as
follows:
Recitals
ORGANIZATION:
The Lodi Animal Advisory Commission (hereinafter "Commission") shall organize and
adopt administrative rules and procedures consistent with the powers and duties
P1VV1jed to W -it p- '.. T-he-Chairp®r on hall appo'
committees as shall be deemed necessary by the Commission.
POWERSAND DUTIES:
1. Act in advisory capacity to the City Council in all matters pertaining to
animals and to cooperate and coordinate with other governmental
agencies and civic groups in the advancement of sound animal planning
and programming;
2. Explore both the short-term and long-term needs of the Lodi Animal
Shelter and investigate and make recommendations on possible funding
sources to meet identified needs;
3. Make periodic inventories of animal services that exist and/or may be
needed and present the same to the City Council;
4. Aid in coordinating and promoting pet population control measures
through education and development of spay/neuter programs and explore
funding opportunitiesfor programs and education regarding the same;
5. Serve as an information and referral source on animals in the community.
MEMBERSHIP:
The Commission shall consist of seven (7) members appointed by the Mayor from a list
of nominees with the approval cf the City Council.
Each member of the Commission shall hold office for a term of three (3) years, except
that:
1. The terms cf the members first taking office shall expire as follows, as
designated by the Mayor at the time of appointment: two (2) at the end of
the first year, two (2) at the end of the second year, and three (3) at the
end of the third year; and
2. As terms expire after the first and second year, succeeding appointees
shall serve for three (3) years; and
3. Any member appointed to fill the vacancy occurring prior to the expiration
of the term for which his predecessor was appointed shall be appointed
for the remainder of such term; and
4. No member shall serve more than two (2) consecutive years per term.
This provision shall only apply to persons appointed to fill vacancies
within the membership.
Members of the Commission may consist of individuals representing other non-profit
organizations, the veterinarian profession, the business community, and the general
citizenry, among others.
No two voting members of the Commission shall be representatives, employees, and/or
officers of the same group, association, corporation, and/or organization.
In addition to the Mayor, the City Manager, and the City Attorney, such other persons
may be designated by the Mayor as ex officio members without vote from any
department, office, commission, board, employee, or i nstru mentality of the City of Lodi to
aid, assist, and advise the Commission.
VACANCIES:
If a member of the Commission is absent from three (3) consecutive regular meetings of
the Commission without leave of absence from the Commission expressed in its official
minutes, such office shall become vacant and shall be so declared by the Mayor. The
Commission shall notify the City Clerk's office of such vacancy as soon thereafter its
occurrence as practicable.
ANNUAL REPORT:
The Commission shall prepare and submit an annual report to the City Council no later
than sixty (60) days after the end of each calendar year.
COMPENSATION:
Members of the Commission, the Chairman, and persons appointed to assist the
Commission in making its studies shall serve at no salary, but shall be reimbursed for
travel and subsistence expenses incurred in the performance of their official duties while
away from the City of Lodi in accordance with the travel allowance policies adopted by
the City of Lodi but only to the extent that appropriations for such travel allowance have
been approved by the City Council.
STAFF ASSISTANCE:
The Commission is authorized to secure through the City Manager from any department,
officer, consultant, commission, board, employee, or other instrumentality of the City of
Lodi suggestions, estimates, and statistics for the purposes of carrying out the provisions
of this part and each such department, officer, consultant, commission, board,
employee, or other instrumentality of the City of Lodi through the City Manager is
authorized and directed to furnish such information, suggestions, estimates, and
statistics to the Commission upon request made by the Chairman of the Commission or
upon the request of any member or subcommittee of the Commission whatsoever.
MEETINGS; LOCATIONS:
The Commission shall hold a monthly meeting on the 2nd Monday of each month at 6:00
p.m., in the Community Room of the Police Department, located at 215 West Elm Street,
Lodi, California 95240. Such meeting shall be open to the public and comply with all
applicable provisions of the Ralph M. Brown Act.
AUTHORITY NON-EXCLUSIVE:
Nothing herein in this Part shall be deemed to deprive the City Council or any board,
commission, or officer of the City of any power, duty, or function, which such Council,
board, commission, or officer may now have or be hereafter granted, it being the
intention that the powers and functions hereinabove provided to be exercised by the
Commission be non-exclusive. Also, nothing herein contained shall be deemed to
require the City Council, or any board, commission, or officer, to refer or submit to the
Commission, or to receive from such any report or recommendation respecting any
matter hereinabove mentioned in the Part before taking any action or making any
decision with respect to such matter, it being the intention of this Part to authorize the
performance of certain functions by said Commission and not to deprive the Council or
any board, commission, or officer of any power, duty, or privilege, which it now may have
or may hereafter be granted.
Dated: August 1,2007
I hereby certify that Resolution No. 2007-161 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held August 1, 2007, by the following
vote:
AYES: COUNCIL MEMBERS—Hansen, Hitchcock, Katzakian, Mounce,
and Mayor Johnson
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
A I JOHL
City Clerk
2007-161
FIRST AMENDED EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
FOR ANIMAL SHELTER SERVICES
THIS FIRST AMENDED AGREEMENT is made and entered into this 6th day of
October, 2010 ("Effective Date"), by and between the CITY OF LODI, a municipal
corporation ("CITY), and LODI SHELTER PALS, a non-profit corporation ("LSP").
WITNESSETH:
A. WHEREAS, CITY proposes to have LSP provide animal shelter office
management services as described in the Scope of Services; and
B. WHEREAS, LSP, by virtue of the fact that its directors are also the directors
and officers of People Assisting Lodi Shelter, another nonprofit corporation ("PALS"),
represents that it has specialized expertise to perform the services herein contemplated;
and
C. WHEREAS, CITY and LSP desire to contract for the specific services described
below (the "Project") and desire to set forth their rights, duties and liabilities in
connection with the services to be performed; and
D. WHEREAS, no official or employee of CITY has a financial interest, within the
provisions of California Government Code Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY LSP
1.1. Scope of Services. LSP shall provide the professional services described
in the Scope of Services attached hereto as Exhibit " A and incorporated herein by
reference. City shall provide LSP with sufficient and existing space in the CITY'S office
facilities to perform such services.
1.2. Professional Practices. All professional services to be provided by LSP
pursuant to this Agreement shall be provided by personnel experienced in their
respective fields and in a manner consistent with the standards of care, diligence and
skill ordinarily exercised by professionals in similar fields and circumstances in
accordance with sound professional practices. LSP shall advise CITY of any changes
in any laws that may affect - LSP's performance of this Agreement.
1.3. Warranty. LSP warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws
including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and
local laws and ordinances applicable to the services required under this Agreement.
LSP shall indemnify and hold harmless CITY from and against all claims, demands,
payments, suits, actions, proceedings, and judgments of every nature and description
including attorneys' fees and costs, presented, brought, or recovered against CITY for,
or on account of any liability under any of the above-mentioned laws, which may be
incurred by reason of LSP's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, LSP shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons, or
provision of services to persons, because of their race, religion, color, national origin,
ancestry, age, physical handicap, medical condition, marital status, sexual gender or
sexual orientation, except as permitted pursuant to Section 12940 of the Government
Code. Violation of this provision may result in the imposition of penalties referred to in
Labor Code, Section 1735.
1.5. Delegation and Assignment. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of CITY. LSP may engage a subcontractor(s) as permitted by
law and may employ other personnel to perform services contemplated by this
Agreement at LSP's sole cost and expense.
1.6. Fingerprint Check. All LSP employees and volunteers performing
services under this Agreement shall pass a City fingerprint check. City shall, in the
exercise of its reasonable discretion, have authority to approve or disapprove of all
onsite employees and volunteers.
2.0. COMPENSATIONAND BILLING
2.1. Compensation. LSP shall be paid the entire gross proceeds from
Revenue accounts 1001-5935 (Adoption Fees, Unaltered Fees, Redemption Fees,
Relinquish Fees and Boarding Fees) and 1001-5113 (Animal License Fees), for its
services under this Agreement. In no event will that amount be less than $50,000.00
per year paid in equal monthly installments of $4,175.00. Collections in excess of
$50,000 ("Overcollection Payment")will be paid in six month incrementswith collections
over $25,000.00 for each six month period paid by CITY to LSP within thirty (30) days
after each such six (6) month period. If, at the end of the fiscal year, total collections do
not support the first 6 months Overcollection Payment, the excess will be deducted from
LSP's upcoming monthly payments or, if none are pending, refunded to City.
2.2. Additional Services. LSP shall not receive compensation for any services
provided outside the scope of services specified in the Scope of Services unless CITY,
prior to LSP performing the additional services, approves such additional services in
writing. It is specifically understood that oral requests and/or approvals of such
additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Any additional services approved and performed
pursuant to this Agreement shall be designated as "Additional Services" and shall
identify the number of the authorized change order, where applicable, on all invoices.
2
2.4. Records and Audits. Records of LSP's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to CITY for inspection and/or audit at mutually
convenient times for a period of three (3) years from the Effective Date of this
Agreement.
3.0 TIME OF PERFORMANCE
3.1 Commencement and Completion of Work. The professional services to
be performed pursuant to this Agreement shall commence within thirty (30) days from
the Effective Date of this Agreement. Failure to commence work in a timely manner
and/or diligently pursue work to completion may be grounds for termination of this
Agreement.
3.2 Excusable Delays. Neither party shall be responsible for delays or lack
of performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material
shortages, compliance with laws or regulations, riots, acts of war, or any other
conditions beyond the reasonable control of a party.
4.0 TERM AND TERMINATION
4.1 Term. This Agreement shall commence on the Effective Date and
continue for successive one year terms unless either party serves a written notice of
termination three months prior to the then current years expiration.
4.2 Notice of Termination.
(a) Either party may terminate this agreement upon 30 days written
notice.
4.3 Compensation. In the event of termination as set forth in 4.2, CITY shall
pay LSP for reasonable costs incurred and professional services satisfactorily
performed up to and including the date of the written notice of termination.
Compensation for work in progress shall be prorated as to the percentage of work
completed as of the effective date of termination in accordance with the fees set forth
herein.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by LSP in its performance of this Agreement shall be delivered to the CITY
within ten (10) days of delivery of termination notice, at no cost to CITY. Any use of
uncompleted documents without specific written authorization from LSP shall be at
CITY's sole risk and without liability or legal expense to LSP.
5.0 INSURANCE
5.1. Minimum Scope and Limits of Insurance. LSP shall obtain and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises -operations,
products/completed operations, broad form property damage, blanket contractual
liability, independent contractors, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of
California.
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Lodi and its elected and
appointed boards, officers, agents, and employees are additional insureds with respect
to this subject project and contract with the City of Lodi."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
northe coverage reduced, until thirty (30) days afterwritten notice is given to CITY."
(c) Other insurance: "Any other insurance maintained by the City of
Lodi shall be excess and not contributing with the insurance provided by this policy."
5.3. Certificates of Insurance. LSP shall provide to CITY certificates of
insurance showing the insurance coverages and required endorsements described
above, in a form and content approved by CITY, prior to performing any services under
this Agreement.
5.4. Non -limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
LSP may be held responsiblefor payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any
and all other prior writings and oral negotiations. This Agreement may be modified only
in writing, and signed by the parties in interest at the time of such modification. The
terms of this Agreement shall prevail over any inconsistent provision in any other
contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. CITY's Police Chief or his/her designee shall be the
representative of CITY for purposes of this Agreement and may issue all consents,
approvals, directives and agreements on behalf of the CITY, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
LSP shall designate a representative for purposes of this Agreement who shall
be authorized to issue all consents, approvals, directives and agreements on behalf of
LSP called for by this Agreement, except as otherwise expressly provided in this
Agreement.
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6.3. Additional Representatives. CITY shall designate an employee of CITY
acceptable to LSP to work directly with LSP in the performance of this Agreement.
LSP shall designate a representative who shall represent it and be its
agent in all consultations with CITY during the term of this Agreement. LSP or its
representative shall attend and assist in all coordination meetings called by CITY.
6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
If to LSP: Lodi Shelter Pals
2414 W. Kettleman Lane, Suite 210-2207
Lodi, California
Attention: Nancy Alumbaugh
If to CITY: Konradt Bartlam
Interim City Manager
City of Lodi
221 West Pine Street
Lodi, CA 95240
With copies to: D. Stephen Schwabauer, City Attorney
City of Lodi
221 West Pine Street
Lodi, CA 95240
Gary Benincasa
Interim Chief of Police
221 West Pine Street
Lodi, CA 95240
6.5. Drug-free Workplace Policy. LSP shall provide a drug-free workplace by
complying with all provisions set forth in CITY's policy, attached hereto as Exhibit "B"
and incorporated herein by reference. LSP's failure to conform to the requirements set
forth in CITY's policy shall constitute a material breach of this Agreement and shall be
cause for immediate termination of this Agreement by CITY.
6.6. Attorneys' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
5
enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court
of competentjurisdiction located in San Joaquin County, California.
6.8. Assignment. LSP shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of LSP's interest in this Agreement without
CITY's prior written consent. Any attempted assignment, transfer, subletting or
encumbrance shall be void and shall constitute a breach of this Agreement and cause
for termination of this Agreement. Regardless of CITY's consent, no subletting or
assignment shall release LSP of LSP's obligation to perform all other obligations to be
performed by LSP hereunderfor the term of this Agreement.
6.9. Indemnification and Hold Harmless. LSP shall protect, defend, indemnify
and hold harmless CITY and its elected and appointed officials, officers, and employees
from any and all claims, liabilities, expenses, including attorney fees, damage to
property or injuries to or death of any person or persons or damages of any nature
including, but not by way of limitation, all civil claims or workers' compensation claims
arising out of or in any way connected with the intentional or negligent acts, error or
omissions of LSP, its employees, agents or subcontractors in the performance of this
Agreement.
6.10. Independent Contractor. LSP is and shall be acting at all times as an
independent contractor and not as an employee of CITY. LSP shall secure, at its
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for LSP and its officers, agents, and employees, and all business
licenses, if any are required, in connectionwith the services to be performed hereunder.
6.11. Ownership of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by LSP or any of its subcontractors in the course of performance of this
Agreement, shall be and remain the sole property of CITY. LSP agrees that any such
documents or information shall not be made available to any individual or organization
without the prior written consent of CITY. Any use of such documents for other projects
not contemplated by this Agreement, and any use of incomplete documents, shall be at
the sole risk of CITY and without liability or legal exposure to LSP. CITY shall indemnify
and hold harmless LSP from all claims, damages, losses, and expenses, including
attorneys' fees, arising out of or resulting from CITY's use of such documents for other
projects not contemplated by this Agreement or use of incomplete documents furnished
by LSP. LSP shall deliver to CITY any findings, reports, documents, information, data,
in any form, including but not limited to, computer tapes, discs, files, audio tapes or any
other Project related items as requested by CITY or its authorized representative, at no
additional cost to the CITY.
6.12. Public Records Act Disclosure. LSP has been advised and is aware that
all reports, documents, information and data including, but not limited to, computer
6
tapes, discs or files furnished or prepared by LSP, or any of its subcontractors, and
provided to CITY may be subject to public disclosure as required by the California Public
Records Act (California Government Code Section 6250, et. seq.).
6.13. Prohibited Employment. LSP will not employ any regular employee of
CITY while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency in this Agreement
and any of the attached Exhibits, the terms set forth in this Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.16. No Third Partv Beneficiary Rights. This Agreement is entered into for the
sole benefit of CITY and LSP and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain
or to be a full or accurate description of the content thereof and shall not in any way
affect the meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed
as if drafted jointly by the parties and in accordance with its fair meaning. There shall be
no presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19. Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a
waiver is sought. The waiver of any right or remedy in respect to any occurrence or
event shall not be deemed a waiver of any right or remedy in respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
6.21. Severability. If any provision of this Agreement is determined by a court
of competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance. Notwithstanding the foregoing,
if the value of this Agreement, based upon the substantial benefit of the bargain for any
party is materially impaired, which determination as made by the presiding court or
arbitrator of competentjurisdiction shall be binding, then both parties agree to substitute
such provision(s) through good faith negotiations.
6.22. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
6.23. Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF LODI, a municipal corporation LSP, a California non-profit corporation
G` Y
tq KO RADT BARTLAW N AU H
City Manager CEO/Treasurer
V
ATT
RAND , City Clerk
A roved as form:
�- 'R. STEPHPEN SCHWABAUER
'"C'i%:Attorney, City of Lodi
EXHIBIT A
SCOPE OF SERVICES
LSP DUTIESAND RESPONSIBILITIES:
1. CITY contracts with LSP to perform all adoption, fostering and other
placement of all domestic animals that come within the possession of the Animal
Services Division of the Police Department.
2. CITY contracts with LSP to process and maintain records of all donations
documented on CITY receipts to and for the benefit of Shelter animals.
3. LSP will employ an Office Manager and support staff to oversee and
maintain office systems that collect and generate animal data, including the
inventory of animal population. LSP's Office Manager will supervise and train
office volunteers in data entry, adoption paperwork and telephone answering
protocol.
4. LSP will staff the Animal Shelter office from 9:00am to 5:00 pm Monday
through Friday and 11:00 am to 4:00 pm Saturday, noon hour lunch and CITY
closures excepted.
5. LSP will issue licenses for Shelter adoptions and walk-ins and collect
licensing fees at the rate set by CITY Council.
6. LSP will issue license renewal reminders, collect license fees, issue
licenses and maintain a license database at CITY's expense.
7. LSP will ensure that each animal admitted to the Shelter is administered
a behavior assessment test. LSP will not place for adoption animals which may
not meet acceptable scoring criteria. LSP will issue and maintain records
verifying the issuance of behavioral assessment warning and liability waivers on
forms provided by CITY, for animals scoring below the thresholds set by the
Police Chief. LSP may notify PALS [People Assisting Lodi Shelter) of any
animals that may require rehabilitation to meet such thresholds.
8. LSP will issue spay/neuter vouchers to the public (as funds are available),
track the individual vouchers and account to CITY for the value of outstanding
vouchers.
9. LSP will coordinate with Shelter staff and PALS for transport of Shelter
animals for veterinarian care and spaying/neutering. Shelter Staff will authorize
all shelter animals to be sent for veterinary care and spaying neutering.
10. LSP will show animals during posted adoption hours. LSP will prepare
adoption paperwork.
11. CITY may at its option commission its independent accounting firm to conduct an
annual audit of LSP at CITY expense. LSP shall make all records necessaryfor the
audit to the auditor and make its staff available for interview within 5 business days of
the auditor's request.
12. LSP will process all paperwork involving expenditures out of the CITY 2302
(spay/neuter prior to adoption) account and the CITY 2303 (veterinary
services/spay/neuter at adoption) account and for the CDBG/HUD fund
reimbursement account for approval by the Police Chiefs designee. Disputes
regarding approval between the designee and LSP will be resolved by the
Lieutenant in charge of animal services.
13. LSP will provide a fidelity bond to CITY in the amount of $50,000.
LSP ervices shall not clude:
1. Enforcement of local and state laws pertaining to domestic animals.
2. Response to emergency calls.
3. Stray pick up.
4. Euthanasia of Shelter animals.
5. Quarantine of animals.
6. Intake at Shelter to include vaccinations and medical evaluations,
treatment.
7. Cleaning of Shelter kennels/cages and provision of food, litter and
supplies for Shelter.
8. Payment of electricity, water, natural gas, telephone and trash removal.
9. Maintenance of the facility (to include repair of shelter office flooring),
landscaping and Shelter area accessibility.
10. Shelter office equipment and supplies (computers, printers, faxes, paper
toner, ink cartridges, and miscellaneous office supplies).
11. Maintenance of fire safety equipment.
12. Transport of large animals for veterinary services.
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EXHIBIT B
DRUG AND ALCOHOL POLICY
CITY OF LODI
SUBJECT:
DATE ISSUED:
SECTION:
REFERENCE:
SECTION 1:
ADMINISTRATIVE POLICY
DRUG-FREE WORKPLACE - Policy
May 7,2008
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Drug Free Workplace Act of 1988; Americans With
Disabilities Act of 1990; The Rehabilitation Act of
1973.
PURPOSE
City of Lodi is committed to protecting the safety, health and well being of all employees and
other associated individuals in our workplace. We recognize that alcohol abuse and drug use pose a
significant threat to our goals. We have established a drug-free workplace program that balances
our respect for individuals with the need to maintain an alcohol and drug-free environment.
• This policy recognizes that employee involvement with alcohol and other drugs can be very
disruptive, adversely affect the quality of work and performance of employees, pose serious
health risks to users and others, and have a negative impact on productivity and morale.
As a condition of employment, this organization requires that all employees adhere to a
strict policy regarding the use and possession of drugs and alcohol.
• This organization encourages employees to voluntarily seek help with drug and alcohol
problems.
SECTION 2:
POLICY STATEMENT
It is a violation of our drug-free workplace policy to
manufacture, use, possess, distribute, trade, and/or offer for sale alcohol, illegal drugs or
intoxicants. Our drug-free workplace policy is intended to apply whenever anyone is representing
or conducting business for the organization. Therefore, this policy applies during all working
hours, lunch hours and whenever conducting business or representing the organization, while on
paid standby, on or off City property including vehicles. Any individual who conducts business for
12
the organization, is applying for a position, or is conducting business on the organization's property
is covered by our drug-free workplace policy. Our policy includes, but is not limited to executive
management, managers, supervisors, full-time employees, part-time employees, off-site employees,
contractors, volunteers, interns and applicants.
Drug and alcohol consumption on and/or off the job can adversely affect job performance and
employee/public safety. The City respects the privacy of its employees and contractors unless
involvement with drugs and/or alcohol off the job adversely affects job performance and
employee/public safety.
SECTION 3: COMPLIANCE
The U.S. Department of Transportation DOT has published 49 CFR Part 29, implementing the
Drug -Free Workplace Act of 1988, which requires the establishment of drug-free workplace
policies and the reporting of certain drug-related offenses to the FTA. The (DOT) adopted 49 CFR
Part 40 (Revised), which outlines procedures for transportation workplace drug and alcohol testing
programs. This Policy incorporates these federal requirements for employees when performing
safety -sensitive functions, as well as other provisions as noted.
The Federal Transit Administration (FTA) of the U.S. Department of Transportation 49 CFR
(Code of Federal Regulations) Part 655 and 382 mandates urine drug testing and breathalyzer
alcohol testing, for employees performing safety -sensitive functions. The regulation prevents the
performance of safety -sensitive functions when there is a positive test result or test refusal. A
safetv-sensitive function is:
1) Maintenance personnel, who perform various repairs to revenue vehicles (including
repairs, overhaul and rebuilding)
2) Employees with a commercial driver's license that will operate a revenue service, or
non -revenue service DOT funded transit vehicle (includes the operation of the Lifts or
anyone who assists passengers to assure they are secured in the vehicles).
3) Drivers operating a revenue service vehicle, including when not in revenue service.
4) Dispatch personnel and supervisors who control the movement of any revenue
service vehicle.
Federal Contractors and grantees must certify that they will provide drug-free workplaces as a pre-
condition to receiving a contract or grant from any Federal agency. Failure to comply with the
requirements of the Drug -Free Workplace Act may result in the following sanctions:
A. suspension of payments under the grant;
B. termination of the grant; or
C. debarment from any grant award from any Federal agency for a period up to five (5) years.
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Such penalties may be applied to contractors/grantees who have made false certifications of
compliance with the Act.
SECTION 4: COMPLIANCE OF EMPLOYEES
All employees shall agree to abide by this condition of employment and shall notify the City of any
criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days
after such conviction.
In those instances where City employees, who are employed under Federal contract or grant, are
convicted of criminal drug statutes violations occurring in the workplace, the City shall notify the
grantor agency within ten (10) days after receiving notice from such employees or otherwise
receiving actual notice of such convictions.
The City of Lodi shall require every covered employee who performs a safety -sensitive function as
described in the FTA regulations Part 655 to submit to a pre-employment, post -accident, random,
reasonable suspicion, return -to -duty or a follow-up drug and alcohol test as described in this
policy. The City shall not permit any employee who refuses to submit to such tests to perform or
continue to perform any safety -sensitive functions and is subject to disciplinary actions up to and
including termination.
Any employee (safety sensitive or non -safety sensitive) who refuses to comply with a request for
testing, who fails to remain readily available for post -accident testing, who provides false
information in connection with a test, or who attempts to falsify test results through tampering,
contamination, adulteration or substitution, shall be removed from duty immediately. Refusal can
include an inability to provide a specimen or breath alcohol sample without a valid medical
explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in
the inability to conduct the test.
SECTION 5: ENFORCEMENT
In conjunction with Human Resources, department directors, managers, and supervisors are
responsible for reasonable enforcement of this policy and the Drug -Free Workplace Procedure.
SECTION 6: SPECIFIC APPLICATIONS
Driver's License: Employees operating vehicles and equipment requiring the possession of a
specified class, certificated or endorsed driver/operator license by the CaliforniaDepartment of Motor
Vehicles, or any other federal or state agency, may be subject to drug/alcohol screening in order to
obtain and maintain such licensing
Accidents: Employees directly involved in an accident, including vehicular accidents, or who may
have been involved in the sequence of events leading up to an accident, is subjected to testing as part
of the accident investigation process. Not withstanding laws to the contrary, the supervisor will
14
determine whether employees should be directed for drug/alcohol testing based upon reasonable
suspicion.
SECTION 7: Opportunities of Rehabilitation
The City of Lodi is committed to providing reasonable opportunities of rehabilitation to those
employees with a drug or alcohol problem in accordance with the provisions of federal and/or state
law.
An employee who has a drug and/or alcohol abuse problem and has not been selected for reasonable
cause, random or post -accident testing or has not refused a drug or alcohol test or is not involved in
disciplinary proceedings, may voluntarily refer her or himself to the Hutm Resources Manager or
Internal Services Director, who will refer the individual to the City's Substance Abuse Professional at
the expense of the employee. The SAP will evaluate the employee and make specific
recommendation regarding the appropriate treatment. When an employee voluntarily refers her or
himself for treatment, the employee may be eligible for sick leave and disability benefits. Employees
will be allowed to take accumulated vacation time or may be eligible for unpaid time off to
participate in any rehabilitation program at the employee's expense. In addition, the City of Lodi's
voluntary Employee Assistance Program (EAP) is available to assist employees who seek help for
alcohol or drug problems. Employees are encouraged to contact the EAP directly.
Supervisors/managers may refer an employee to the EAP for reasonable suspicion of drug abuse.
Supervisors are encouraged to refer employees to the EAP for intervention. EAP services are
confidential and supervisory referred employees are requested to sign a release of information for
attendance purposes if sessions are scheduled during working hours.
SECTION 8: PRESCRIPTION MEDICATION /LEGAL DRUGS
A legally prescribed drug means that an individual has a prescription or other written approval
from a physician for the use of a drug in the course of medical treatment. The misuse of legal
drugs while performing transit business is prohibited at all times. Any employee taking any
medication with a warning label will be required to provide the following:
The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited.
However, the use of any substance which carries a warning label that indicates that mental
functioning, motor skills or judgment may be adversely affected must be reported to supervisory
personnel. Medical advice should be sought, as appropriate, while taking such medication and
before performing work-related duties.
An employee taking prescribed drugs which may interfere with safe work performance is required to
provide written documentation from the prescribing physician indicating the level of interference with
job performance. The prescription or approval must include the patient's name, the name of the
substance, quantity/amount to be taken, the period of authorization and physician's signature that
the employee may continue to perform safety -sensitive functions while taking such medication
15
The employee's immediate supervisor or department head shall determine on a case-by-case basis the
employee's ability to perform employment responsibilities in conjunction with Human Resources.
Failure to notify a supervisor may result in disciplinary action in accordance with City policy and
procedure. An employee may be required to provide a statement from a licensed physician,
indicating when the employee is able to work safely, or any limitations she/he may have while taking
the prescribed medication.
SECTION 9: PRE-EMPLOYMENT DRUG TESTING
As an employer the City is required to verify previous violations of DOT drug and alcohol
regulations within the last two years of employment with a DOT regulated agency or employer.
An employer must obtain and review the information listed below from any DOT -regulated
employer the employee performed safety -sensitive functions for in the previous two years. The
information must be obtained and reviewed prior to the first time an employee performs safety -
sensitive functions. If not feasible, the information should be obtained no later than thirty (30)
days after the first time an employee performs safety -sensitive functions. The information obtained
must include:
1. Information of the employee's alcohol test in which a breath alcohol
concentration of 0.04 or greater was indicated.
2. Information of the employee's controlled substance test in which a positive
result was indicated.
3. Any refusal to submit to a required alcohol or controlled substance test.
(including verified adulterated or substituted drug test results)
4. Other violations of DOT agency drug and alcohol testing regulations.
Applicants will be asked whether her or he has tested positive, or refused to test on a pre-
employment drug or alcohol test while trying to obtain safety sensitive transportation work from an
employer covered by a DOT agency during the past two years. If applicant admits that he or she
had a positive test or refusal to test, the applicant will not be eligible for the position. Job offers
made by the City of Lodi are contingent upon the successful completion of a drug and/or alcohol
screening. Testing for temporary hires will be evaluated on an individual basis by classification.
16
EXHIBIT C
CERTIFICATES OF INSURANCE
17
EXHIBIT E
SAN JOAQUIN COUNTY ANIMAL SERVICES STUDY
APRIL 152011
Presented by
Tammie Murrell & Sue Marks -Gibbs,
Consultants
ANIMAL SERVICES SURVEY RESULT STATISTICS
Color Coding: ►roil c = Lathrop Red = Lodi Maroon = San Joaquin County
Blue = Stockton Gray = Manteca
18. Numberof Kennels
Lathrop Loi S]Co Tracy Stockton Manteca
Dog 16 48 see COS 20 149 16
Cat 43 60 25 76 38
Feral Cat 2
Hospital Cat 8
21. Licensing Fees
Lathrop Lodi SJCo Traov Stockton Manteca
Dog $80.00 $50.00 $30.00 $20.00 $ 112.00 $ 50.00
Fixed $20.00 $10.00 $10.00 $6.00 $ 11.00 $ 20.00
Cat $ 112.00
Fixed $ 11.00
Late Fee $20.00
Senior Fee $ 7.00
# Maintained 1,700 3,182 6,659 4,200 6,508 4.219
Stockton licenses include both cats and dogs
25. Adoption Fees
Lathrop
Dog -male $41 + s/n
female $41 + s/n
Cat -male $41 + s/n
female $41 + s/n
Stockton charges $75 for old, young &special need dogs; $50 for cats
38. Job Classifications
a (located
AS supervisor 1
ASO 4
AS Supervisor 1
Asst ASO 2
Kennel Asst 2
ASO 2
AS Asst 1
Sr Office Asst 1
Dep ASO II 6
filled
S]Co Tracy
$78 + s/n
$193 $5 + s/n
$78 + s/n
$204 $5 + s/n
$78 + s/n
$5 + s/n
$78 + s/n
$5 + s/n
Stockton charges $75 for old, young &special need dogs; $50 for cats
38. Job Classifications
a (located
AS supervisor 1
ASO 4
AS Supervisor 1
Asst ASO 2
Kennel Asst 2
ASO 2
AS Asst 1
Sr Office Asst 1
Dep ASO II 6
filled
01,.r�,
benefits
1
$67,091
$31,464
4
$53,916
$27,715
0
$48,588
$24,480
3
$42,252
$23,280
2
$24,336
n/a
2
$52,159
s,42 o0o
1
$41,765
a34,i64
1
$39,562
$25,206
5
$47,363
$28,466
on*
$199
$95
$199
$95
$154
$95
$154
$95
total
$98,555 TRACY
$81,631
$73,068 LODI
$65,532
$24,336
LATH ROP
$64,768 SJCOUNTY
$75,829
Page 153 San Joaquin Coamty Animal Care & Control Study — Phase I
AS Mgr
2010-11
1
$85,923
$55,572
$141,495
AS Officer
Licenses
2
$53,014
$14,000
$67,014 MANTECA
Kennel Asst
.5
$125,Uvv
$97,618
$74,823
AS Supervisor
1
0
$48,276
$38,011
$86,827 STOCKTON
Sr ASO
1
1
$58,500
$25,036
$83,536
ASO
4
4
$47,050
$24,671
$71,721
AS Asst I1
1
1
$45,972
$24,493
$70,465
AS Asst I
6
6
$40,655
$24,259
$64,914
TOTAL
Aid -Hum Sry
34.5
$14,652
$17,853
$10,283
Lodi has four part time kennel assts, 2 FTE. Manteca has one part-time kennel worker.
14$. Revenues
49. Shelter Data
2010-11
2009-10
2008-09
2007-08
2005-06
2000-01
Licenses
$100,000
$20,000
$27,530
Lathrop
$125,Uvv
$97,618
$74,823
$78,074
$87,492
$103,518
Lodi
$19,671
$16,730
$14,380
$16,730
$13,937
56,656
Services Chgs
$7,000
$3,600
$3,614
161,815
Shelter Fees
82,000
$13,368
$14,808
$5,916
$12,661
48,174
Interest
$4,912
$4,280
$18,635
$41,291
$27,357
$14,840
Aid -Hum Sry
$15,000
$14,652
$17,853
$10,283
$19,205
$10,652
Misc
$700
$1,345
$974
$1,459
$1,304
$5,951
# Staff
$14,800
$14,000
$19,825
49. Shelter Data
Page 154 San Joaquin County Animal Can & Control Study - Phase I
2010-11
2009-110
2008-09
200 07- 8
2005-0
2000-01
Human Population
Lathrop
17,256
9,210
Lodi
61,450
56,656
SJ Co
156,973
161,815
Tracy
82,000
81,500
81,700
81,600
80,461
48,174
Stockton
292,133
291,030
289,927
289,789
279,513
243,771
Manteca
68,847
67,754
66,451
65,076
63,703
51,924
TOTAL
675,963
571,550
# Staff
LathroFt
3
4
Wu`i
3
3
3
3
3
3
S] Co
8
10
10.75
10.75
10.75
Tracy
5
6
6
8
8
7
Stockton
12
18.5
Manteca
2.5
3
3
3
3
3
Intake Dogs
195
345
345
359
224
892
859
959
830
964
1,596
1,843
2,122
1,763
2,210
1,145
1,150
1,045
1,076
N/A
3,841
4,875
4,627
4,457
4,889
9,291
2010 yr end
1,133
1.000
1.120
1 042
_q81
1,260
Page 154 San Joaquin County Animal Can & Control Study - Phase I
TOTAL
10,062
10,223
9,645
10,210
11,515
2010-11
2009-10
2008-09
2007-08
204S-45
2000-0
Adopted Dogs
58
128
106
106
54
581
327
383
272
319
453
441
3,49
338
N/A
549
515
600
464
618
1,396
1,695
1,351
1,025
1,072
1,133
439
182
160
158
217
211
TOTAL
3,273
2,985
2,485
2,571
1,663
Reclaim Dogs
78
134
154
152
73
211
212
273
314
253
142
217
205
215
288
459
470
463
436
N/A
326
444
523
862
731
1,041
271
309
359
3-0-1
23Z
453
TOTAL
1,764
1,923
2,266
2,139
13747
Euth Dogs
59
83
85
81
97
152
177
157
158
537
905
1,111
1,317
1,104
1,304
229
232
230
299
N/A
2,119
2,736
2.753
2,570
3,086
7,117
423
?$4
3.3.1
339
334
566
TOTAL
4,594
4,895
4,481
5,278
83220
Intake Cats
171
240
194
202
135
1,277
1,686
1,533
1,380
1,334
941
1,700
1,873
1,671
1,710
1,237
1,366
990
1,327
N/A
3,696
5L. 086
5.,244
5,664
4,004
4,849
2010 yr end
1,386
1,944
2.041
1.888
110
1,020
TOTAL
11,618
12,404
11,948
93644
73203
Adopt Cats
62
68
76
104
18
440
260
309
232
272
60
63
129
102
135
374
326
259
317
N/A
310
331
624
605
151
863
320
,127
141
-IM
149
108
TOTAL
1,219
1,556
13480
1,002
13243
Reclaim Cats
3
4
10
10
4
17
35
46
38
52
94
63
1
11
15
14
18
9
10
N/A
539
354
58
45
43
29
12
26
1Z
28
18
35
TOTAL
495
139
149
128
116
Page 155 San Joaquin County Animal Care & Control Study - Phase I
Euth Cats
2010-11
122
2009-10
168
2008-09
108
2007_08
91
2005-06
113
2000-01
Lodi
$348,650
703
1,279
1,129
711
$366,721
SJCo
787
1,574
1,743
1,558
1,560
$1,241,114
Tracy
$553,510
B46
1,.013
703
993
N/A
Stockton
2,847
4,401
4,562
5,014
3,810
3,957
Manteca
1,054
996
915
1.,002.
799
799
TOTAL
$3,832,418
8,917
9,620
9,497
7,986
4,756
Other Intake
83
130
166
181
231
Lodi
98
107
148
87
78
$52,055
SJCo
$145,612
52
45
34
49
N/A
Tracy
$6,592
403
452
431
402
$25,234
Stockton
]0
96
63
-63
70
Manteca
$131,400
762
907
796
823
$99,845
Adopt Other
5
18
28
19
3
35
20
18
28
N/A
74
88
110
34
7
8
4
1
6
Euth Other
89
88
90
40
60
12
10
11
19
N/A
322
256
235
238
29
43
25
28
42
50. Budget Data
Expenditures
Lathrop
$244,064
$340,605
Lodi
$348,650
$340,737
$310,762
$322,508
$358,741
$366,721
SJCo
$1,056,866
$1,110,815
$1,526,551
$1,564,462
$1,357,528
$1,241,114
Tracy
$553,510
$775,999
$760,534
$749,049
$676,270
Stockton
$1,230,768
$1,188,696
$1,012,891
$488,800
Manteca
$398,560
$314,297
$303,848
$300,814
$271,844
$214,215
TOTAL
$3,832,418
Revenues (actuals
Lathrop
where orovidj;
$121,800
$26,537
$50,939
Lodi
$78,200
$46,733
$37,996
$54,438
$59,055
$52,055
SJCo
$145,612
$117,895
$112,285
$131,107
$135,358
$134,962
Tracy
$6,592
$13,368
$14,808
$15,916
$12,661
$25,234
Stockton
$607,467
$290,500
$289,927
$286,041
$251,100
Manteca
$131,400
5144.701
$125,194
$126,744
$119,180
$99,845
TOTAL
$956,701
Tracy's significant revenue change due to a change in accounting reporting.
Page 156 San Joaquin County Animal Care & Control Study - Phase I
CAT STATISTICS
Table 30 - San Joaauin Az=enev Cat Statistics
Lathrop
240
703
55.0`.
63*
3.7
Lodi
1,277.�':��
14
1.1
Safi Joaquin County. .-
170.0
354*
7
Tracy.:..
1,234
12
{:3
Stockton
5,086
464
b '
Manteca
1,386
164
2 , I
TOTAL
10,923
183
7.3
Marin Humane Society
42.7'
X,14
1.8
Santa Cruz ASA
2,492
I,30.
S2.4
SEAACA**
9,294
*includes Trap/Neuter/Release program feral cats in Redeem statistics
** SEAACA does not have a Trap/Neuter/Release program for feral cats.
Adopted category includes transfers b other agencies and non -profits
Table 31- San Joaquin Countv Aixencv Cat Data -- 9 -Year
4 1.7 168 70.0;
17
1.3
703
55.0`.
63*
3.7
1,574
924
14
1.1
846
68.6°
354*
7.0
4,401
86.5
12
0.9
1,054
76.0.
464
4.2
8.,746
80.1':
164
183
7.3
1,065
42.7'
168
1.8
7,907
85.1
Adoptions r ��� 5Q� T' 1,713 15.7
Redeemed by Owner I1 .1;9 464 4.2
TVa931�doption program through 4756` 7
ldFriengsW in ef1ic1 i i FY 2000-01.
Page 157 San Joaquin County Animal Care & Control Study—Phase 1
DOG STATISTICS
Table 32 - San Joaauin Countv Azenev DoE Statistics
Lathrop 345
Lodi
892
�c
24.1
211
23.7
San Joaquin County
1,843
Tracy
1,141
39 T
Stockton
4,875
'1,111
60.3,
459
40.2
Manteca
1,133
`; 38.$`
TOTAL
9,871
- 7
Marin Humane Society
23.9
423
Santa Cruz ASA
2,504
11 4tjtC
SEAACA
9,837,5''
922
Adopted category includes transfers to other agencies and non -profits,
Table 33 - San Joaauin Azenev Doe Data- 9 -Year
134
38.8
°_'_`_ °83
24.1
211
23.7
152
17.0
217
11.8
'1,111
60.3,
459
40.2
229
20.1
444
9.1
;2,136
56.1
271
23.9
423
37.3'
1,736
17.0
-4,134
46.3.
922
909
36.3
353
14.1
1,694
17.2
;x'4,486
45.6
Adoptions 3,759 36.7
Redeemed by Owner lR 1:} 1,736 17.0
Euthanized 4,734 46.3
Page 159 San Joaquin County Animal Care & Control Study — Phase I
DEMOGRAPHICS
Table 34 - San Joaquin Countv Papulation Data
Lathrop
"_`w_; "9
4,362
Lodi
61,450
15,535
171526
SJ County
156,913
40,792
46,020
Tracy
81,500
20,031
22,598
Stockton
291;,30
73,572
83,002
Manteca
67,734
17,128
19,323
L TOTAL _ 675j963 171,420 .193,390
Estimated 363,669 dogs ana cars m panictpating San Joaquin County lorisaictions. 'source: American Veterinary
Medical Association Animal Population Calculator
hti ://www.avma.or reference/markelstats/ownershi calculator.asp
Numbers do not include: Ferrets, Rabbits, Hamsters, Guinea Pigs, Gerbils, Other Rodents, Turtles, Snakes, Lizards,
or Livestock, all of which are responsibilities of Animal Services Agencies.
* Used 2009-10 actual revenue; did not receive FY10-11 revenue estimate from Stockton
** Includes $2,254,071 revenue in grants and bequests
SCASA population 243,356, MHS population 250,750, SEAACA population 814,666
Page 159 San Joaquin County Animal Care& Control Study—Phase I
Table 36 - San Joaauin Countv Aizencv Per Animal Costs
Lathrop
e'er*`' ''
585
Sll17.20
$122,264
$209.00
Lodi'
R`
2,169
$160.74
$270,450
$124.69'
SJ County
.N
` ,056,866
3,543
$298.30
$911,254
$257.201
Tracy
y w
$553,510
2,375
$233.06
$546,918
$230.28
k�
2,375
1 per 34.3
5
1 per 16,300
Stockton
r $1,230,768
9,961
$123.56
$623,301
$62.57
Manteca
`<:' $398,560
2,519
$132.24
$267,160
$106.06
1 per 26.9
f}�
2
1 per 33,877
1 per 1,260
TOTAL/AVG
TOTAL/AVG°3,832,418
21,152
21,152$227.51
$2,741,347
$129.60
1 per 813
Santa Cruz ASA
258,564
4,996
1 per 51.7
Santa Cruz ASA
''t," $3,388,233
4,996
$678.19
$416,552
$83.38
Marin HS
��:..;=t$6,337,691
6,334
$1000.58
$312,328
$49.31
SEAACA
',,14P,268
19,131
$257.66
$3,513,476
$183.64
1 per 922
t
Table 37 - San J
Officer Per
Data
Lathrop
` ,. �`
585
1 per 29.5
'
1 per 8,628
1 per 293
Lodi*
61,450
2,169
1 per 28.3
3
1 ;C, 20,483
1 per 723
SJ County*
1 �._ .
3,543
I per 44.3
7
1 per 22,423
1 per 506
Tracy
k�
2,375
1 per 34.3
5
1 per 16,300
1 per 475
Stockton*
291,030,
9% 1
1 per 29.2
6
1 per 48,505
1 per 1,660
Manteca
67,754,
2,519
1 per 26.9
2
1 per 33,877
1 per 1,260
TOTAL/AVG
675,963,
21,152
1 per 32.0
26
1 jper 25,999
1 per 813
Santa Cruz ASA
258,564
4,996
1 per 51.7
6
1 per 43,094
1 per 833
Marin HSSQ.-
6,334
1 per 39.6
9
1 per 27,861
1 per 704
SEAACA
'1
I N.
19,370
1 per 42.5,
per 39,190
1 per 922
t
*Lodi, SJ County and Stockon have all seen reductions staffing, Lodi now has two AS Officers and One Acting
Supervisor, SJ County now has five Animal Control Officers and Stockon now has four Animal Services Officers.
Page 160 Sari Joaquin Camty Animal Care & Control Study - Phase I
CALLS FOR SERVICE
*Lodi and Manteca "Other"are total hours by quarterfor Animal Services Personnel and all other
personnel separately.
"Stockton Stockton "Other"is dataprovided by SPD Telecommunications
***SJ CountyData notprovided by quarter.
Table39 - San Joaqnin Allency Calls by Quarter by Beat (Chameleon Data Onlv)
Lathrop
Stockton
Tracy
San Joaquin County
1,685
1,837
1,646
1.270
6,138
3,084
3,093
2,043
2,326
11,146
542
520
559
479
2,100
rnla
n/a
n/a
n/a
5,531
Page 161 San Joaquin County Animal Care& Control Study—Phase l