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HomeMy Public PortalAbout22) 9A Approval of an agreement with the SGVHS for Animal Control, Sheler, and Licensing ServicesAGENDA ITEM 9.A. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: June 7, 2016 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Michael D. Forbes, Community Development Director ~ SUBJECT: APPROVAL OF AGREEMENT WITH THE SAN GABRIEL VALLEY HUMANE SOCIETY FOR ANIMAL CONTROL, SHELTER, AND LICENSING SERVICES RECOMMENDATION: The City Council is requested to: 1. Approve an agreement between the City of Temple City and the San Gabriel Valley Humane Society (SGVHS) for animal control, shelter, and licensing services (Attachment "A"); and 2. Authorize the City Manager to execute the agreement. BACKGROUND: 1. In 1980, the cities of Temple City, San Gabriel, Monterey Park, Azusa, and Monrovia formed the San Gabriel Valley Animal Joint Powers Authority (JPA) and entered into a contract with SGVHS for animal control and shelter services. Per the terms of the contract, each member city of the JPA selected its own level of service. Temple City elected to provide its own animal control services using City staff, and to contract with SGVHS for shelter services and after-hours control services. 2. In 2007, the City of Monrovia withdrew from the JPA and the JPA reorganized with a new contract with SGVHS. Under the new contract, service agreements were entered into on an annual basis. 3. In January 2012, SGVHS proposed to increase its service fees. The JPA negotiated with SGVHS seeking lower fees. The parties were unable to reach an agreement and negotiations ended in April 2012. City Council June 7, 2016 Page 2 of 5 4. In May 2012, the JPA Executive Committee voted to dissolve the JPA and terminate the contract with SGVHS effective June 30 , 2012. 5. On June 19, 2012, the City Council directed staff to issue a Request for Proposals (RF P) for animal control and shelter services in light of the dissolution of the JPA. The City Council further directed staff to enter into a three-month agreement with SGVHS starting July 1, 2012, to ensure that there would be no gap in animal services pending selection of a service provider. 6. On July 1, 2012, SGVHS began providing service per the three-month agreement and also started providing full-time animal control services. In conjunction with the start of Fiscal Year (FY) 2012-1 3, City staff that had been providing the animal control function was reassigned and all animal control responsibilities were shifted to SGVHS. 7. On August 24, 2012, the City released an RFP. The RFP was posted on the City's web site and sent to SGVHS, the Pasadena Humane Society & Society for Prevention of Cruelty to Animals (SPCA), the Inland Valley Humane Society, and the Los Angeles County Department of Animal Care and Control. In response to the RFP, proposals were received from SGVHS and the Pasadena Humane Society & SPCA. 8. At the September 25 , 2012, City Council meeting, numerous public speakers spoke in favor of contracting with SGVHS. The City Council voted unanimously to reject all bids, continue animal services with SGVHS on an interim basis, and direct staff to bring the item back for further consideration by June 2013. 9. On November 1, 2012, following the expiration of the three-month agreement, the City and SGVHS began a monthly service arrangement whereby services are provided for a monthly fee of $11 ,250 with no annual or other agreement. This arrangement is still in place today. 10. On June 27, 2015, SGVHS sent a letter to Temple City requesting to increase the service fees, which had not increased since 2012. 11 . On November 17, 2015, the City Council approved the purchase of animal control and shelter services in the open market from SGVHS in lieu of re-issuing an RFP. ANALYSIS: Terms of Agreement Since November 2015, staff has been working with SGVHS to negotiate a new agreement. In addition to continuing to provide animal control and shelter services, staff City Council June 7, 2016 Page 3 of 5 also requested that SGVHS take over the City's dog license program. The terms of the proposed agreement are as follows : • The City will pay SGVHS $15,208 per month for all animal control, shelter, and license services; • SGVHS will remit to the City all license revenue collected ; • SGVHS will cover all administrative costs related to the licensing program (envelopes, postage, dog tags, etc.); • The monthly fee wi ll increase by four percent annually after the first year; and • The in itial term of agreement is three years (through June 30, 2019), with up to five annual extensions thereafter (through June 30, 2024). The agreement also includes a provision for SGVHS to host an annual licensing and microchipping clinic at the shelter, which would replace the event now held annually at City Hall. The intent is that the current arrangements for the event would continue, including the vaccines serving as a fundraiser for the Temple City Sister City Association. Fees The proposed monthly fee is higher than the current fee of $11 ,250 per month and includes an annual cost escalator. The increase is based on the following factors: • The fee has not increased since 2012; • The agreement includes licensing services in addition to animal control and shelter services; • The fee is in line with fees paid by the City of San Gabriel, even though Temple City places higher demands on SGVHS resources through more calls for service; • The California minimum wage increased to $10 per hour on January 1, 2016; • The Governor signed Senate Bill 4 on April 4, 2016, which increases the minimum wage annually up to $15 per hour by January 1, 2023 (for employers with 25 or fewer employees); • SGVHS needs to replace its vehicles, all of which have over 200,000 miles, and make significant physical improvements to their facility in order to continue providing high quality services. Dog Licensing Having SGVHS administer the dog licensing program is a change from the current and past practice of staff administering the program. SGVHS administration of the program has several benefits, including the following : License Revenue: From 2012-2014, SGVHS performed license canvassing for the City as a courtesy at no additional charge. When SGVHS stopped performing this service in 2015, license revenues declined substantially (although the City's adoption of Los City Council June 7, 2016 Page 4 of 5 Angeles County Code Title 1 0 also factored into the decline because license fees are lower for spayed/neutered dogs than unaltered dogs). This service would again be provided as part of the license services under the new agreement and revenue is expected to increase accordingly. License Status: It is not possible to provide SGVHS with access to the City's license software system. Therefore animal control officers are unable to determine the license status of dogs outside of City's Hall 's business hours. This can hamper their ability to perform their duties. SGVHS will use their own software system for licensing, to which all of their officers and staff have access. Licenses for Returned and Adopted Dogs: SGVHS office staff are unable to determine the license status of stray dogs that are returned to their owners. With SGVHS handling licensing, dogs will be licensed at the time they are returned. Similarly, SGVHS is unable to ensure that newly adopted dogs are properly licensed, and can only advise people to go to City Hall. With SGVHS handling licensing, dogs will be licensed at the time of adoption . Why SGVHS SGVHS was founded in 1924 as the Alhambra-San Gabriel Humane Society. SGVHS has provided animal shelter services and after-hours animal control services for Temple City since at least 1980, and full-time animal control services since 2012. SGVHS currently has contracts with two other cities; it provides animal control, shelter, and licensing services for San Gabriel; and shelter and some control services for Rosemead. Temple City has had a direct partnership with SGVHS since 2012. The new agreement will continue and build upon that partnership. SGVHS has consistently provided Temple City with excellent service and been willing to immediately address any service concerns. Further, SGVHS is located in San Gabriel, which is nearby and convenient for Temple City residents. CITY STRATEGIC GOALS: Approving the agreement with SGVHS would further the City Strategic Goals of Public Health and Safety and Quality of Life by ensuring that the City is able to continue providing animal control, shelter, and license services for the community. FISCAL IMPACT: The proposed FY 2016-17 City Budget includes the funds necessary to cover the fees as provided by the agreement. The necessary funds will be included in future budgets in accordance with the annual fee increase. Since SGVHS is taking over licensing services, the City will no longer have $6 ,220 in budgeted expenses for the following : City Council June 7, 2016 Page 5 of 5 • Dog tags, paper, and envelopes for annual renewals: $2,700; • Postage to mail annual renewals: $900; and • Hdl dog license software annual license fee: $2,620. These items were included in the FY 2016-17 in the event the City needed to continue providing licensing services this year, but will be omitted from future budgets. Since SGVHS administration of the dog license program will include canvassing, license revenues are expected to increase as currently unlicensed dogs become licensed. The amount of the revenue increase is unknown at this time. ATTACHMENT: A. Agreement with SGVHS ATTACHMENT A CITY OF TEMPLE CITY AGREEMENT FOR ANIMAL CARE AND CONTROL CONTRACT SERVICES This Agreement is entered into this 7th day of June, 2016 between the CITY OF TEMPLE CITY herein called "City", and the SAN GABRIEL VALLEY HUMANE SOCIETY, a non-profit corporation, hereafter referred to as "Humane Society." WITNESSETH The Humane Society agrees as an independent contractor to provide comprehensive animal care, control and sheltering, and licensing services in support of the City's programs and activities specified in the terms, conditions and special provisions of this contract. SECTION I TERM OF CONTRACT This Agreement shall become effective July I , 2016, and shall continue until June 30, 2019. Unless either party gives express written notice of its intent to terminate this Agreement at least ninety (90) days prior to the scheduled expiration date of this Agreement, this Agreement shall automati cally renew for successive one ( 1) year/twelve ( 12) month periods up to a maximum of fi ve (5) additional years, until June 30, 2024. SECTION II ANIMAL SHELTER SERVICES A. Humane Society shall maintain humane and sanitary shelter facilities suitable for the impoundment of all animals which may come into its custody from the City and Humane Society shall make provision for receipt of these animals on a 24 hour, seven days a week basis. Humane Society's shelter shall be located at 851 East Grand Avenue, San Gabriel, California. Humane Society shall maintain public office hours fro m 8:00a.m. to 5:00 p.m., from Tuesday through Sunday and be closed Monday each week and kennels shall be open to public visitation from 10:00 a.m. to 4:30 p.m., on its days of operation. Humane Society's offices are closed on Mondays and specified holidays. Animals impounded for the City shall be held for adoption or redemption, by the owner or animal's custodian, for the minimum period of time specified by ordinance of the City, provided that no designated holding period shall be less than that provided by state law for the animal concerned. Humane Society reserves the right to humanely euthanize any impounded, diseased or injured animal prior to the expirati on of the holding period upon the recommendation of a licensed veterinarian and in accordance with state law. All animals held in excess of the minimum period specified above shall become the responsibility of Humane Society and the City shall have no further responsibility fo r such animal. B. In the absence of written in structions from City to the contrary, Humane Society will accept stray animals fo und by private citizens within the City's boundaries, and be responsible for the Agreement for Animal Care/Control Services Page 2 collection, care and dispositi on of all animals voluntarily relinquished by their owners who reside in the City of Temple City. C. Humane Society may charge a reasonable fee for the acceptance of an imals voluntarily relinquished by owners residing in the City, which fee shall be collected from the animal owner and become the property of Humane Society. Humane Society shall not refuse to accept a City pet owner surrendering his/her animals; provided that the owner agrees to pay for the Humane Society's keeping until its adoption or euthanasia. Humane Society shall not be required to euthanize an adoptable animal that is relinquished by its owner. Humane Society shall not be required to place any animal for adoption that Humane Society determines is not suitable for adoption in accordance with state law. D. Humane Society shall not release any animal fo r the purposes of medical research or vivisection. SECTION III FIELD SERVICES A. Humane Society shall provide animal contro l services to City. Said services shall include, the investigation of complaints regarding violations of the City's ordinances and state law; the collection of dead animals; and the capture of any stray, diseased, injured or vicious animal excluding large dead animals and dead animals on freeways. Hum ane Society shall take calls directly from City's citizens during normal public business hours. Humane Society shall respond to calls from authorized personnel of the City, including Los Angeles County Sheriffs Department, on a 24 hour/7 day per week basis. B. Humane Society will prioriti ze and respond to all calls for service as fo llows: • Emergent Public Safety Call s (immediate risk to public safety and/or an animal). Examples include: loose vicious animal, animal in traffic, animal endangerment. • on-Emergent Public Safety Call s (no immediate risk to public safety and/or an animal). Examples include: stray (non-vicio us) animal, animal confined by reporting party, deceased animal on public or private property, leash law violations, barking dog complaints. SECTION IV INCIDENTAL COSTS AND SERVICES In addition to the shelter services, field services, and licensing services as outlined in Sections II , III and V, Humane Society may provide other services to the City, and charge costs for these services, as agreed upon in advance by the City. Agreement for Animal Care/Control Services Page 3 SECTION V ANIMAL LICENSING ERVICES A. Humane Society shall administer City's dog li censing program in compliance with City Municipal Code requirements and City establ ished dog license fees. B. Humane Society shall receive and process dog license applications from City residents. C. Humane Society shall mrul renewal letters annually and shall receive and process renewals. Humane Society shall issue (and mail as necessary) all dog license documents and license tags. License tags will be issued for the life of the dog. D. Humane Society shall respond to and investi gate reports of unlicensed dogs. Humane Society shall be responsible for initial follow-up and efforts to license such dogs and shall work with City to determine the appropriate course of enforcement action if needed. E. Humane Society shall be the custodian of dog license applications, forms and related documents (considered to be public records) and shall maintain such records in a manner consistent wi th City's records retention schedule. Humane Society shall organize and maintain records by year and shall provide records to City when scheduled for destruction. F. Humane Society shall remit to City al l license fees coll ected on a quarterly basis. Fees collected during each quarter shall be remitted to City within thirty (30) days fo llowing the end of each quarter. G. Humane ociety agrees to provide one (1) animal licensing and low cost microchip clinic for the City at San Gabriel Valley Humane Society, 851 E Grand Avenue, San Gabriel, California at no cost to the City. SECTION VI COMPENSATION A. City shall pay Humane Society a lump sum of $15,208 per month for all services described in Section II, Animal Shelter Services, Section III, Field Services, and Section V, Animal Licensing Services, due and payable in accordance with Section VI, C. Starting July 1, 20 17, and on each July 1 thereafter, this amount shall be automatically increased by four percent (4%). B. During the term of this contract, City agrees to compensate Humane Society for all payments due. C. Humane Society shall invoice City quarterly in advance on the first day of each quarter for ervice. City shall pay for each quarter's service within thirty (30) days after receipt of said invoice. Said amount shall fully compensate Humane Society for all service provided for City as consti tuted on the effective date of this Agreement and shall include complete shelter and field services for all stray animals, excluding any animals impounded for quarantine or evidence purposes. Agreement for Animal Care/Control Services Page 4 D. Humane Society may at its discretion impose reasonable fees upon animal owners for the care and feeding of an animal impounded and/or held in quarantine. All stray animal owner or guardian redemption fees are to be kept by the Humane Society. Intake Vaccinations, Rabies, Microchip and Unaltered Fee are also charged if administered. E. Humane Society may at its discretion impose reasonable fees on City residents for the removal of deceased domestic animals from private property and other animal related services requested by residents at their property. F. Shelter services for animals held in quarantine or for animals held as evidence at request of City/County prosecuting attorney or city law enforcement officer and for animals held longer than four days pursuant to any applicable city ordinance or state law, shall be billed to City within 30 days of receipt of an itemized invoice provided by Humane Society. The rates established may be adjusted upon mutual written consent by both City and Humane Society. (Rates: $30.00 Impound fee, $15.00 per day Board) SECTIO VII EQUIPMENT, SUPPLIES AND PERSONNEL A. Humane Society shall provide, at its own cost, all facilities, equipment, vehicles, supplies and personnel necessary to perform the serv ices in Section II, Animal Shelter Services, Section III, Field Services, and Section V, Animal Licensing Services, to be furnished by Humane Society under the terms and conditions of this Agreement. SECTIO VIII HUMANE EDUCATION SERVICES Humane Society shall make available, upon request of City educational material s designed to promote humane education. Such materials shall be provided at no cost to City. SECTION IX PUBLIC HEALTH RESPONSIBILITIES A. Humane Society shall conduct one (1) low-cost microchip clinic to provide City residents a reasonable opportunity to secure low cost microchips. (As defined in Section V.) B. Humane Society agrees to cooperate with public health authorities in enforcing the provisions of the California Health and Safety Code relating to biting dogs and animals suspected of being infected with the rabies virus. Agreement for Animal Care/Control Services Page 5 SECTION X SOCIETY EMPLOYEE STATUS A. All persons employed by Humane Society for the performance of services to be provided pursuant to the terms and conditions of this Agreement shall be employees or agents of Humane Society. City shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any Humane Society personnel performing such services for City, nor shall City be call ed upon to pay any liability other than as provided for in this Agreement. Notwithstanding the foregoing, it is agreed that City shall have the full cooperati on of Humane Society's officers, agents and employees and Humane Society shall have the full cooperation of City and of the officers, agents and employees of City in the performance and eva! uati on of the serv ices. SECTION XI INSURANCE AND LIABILITY A. Humane ociety will defend, indemnify, and save harmless City from all demands, claims, causes, or action, or judgments and from all expenses that may be incurred in investigating the same, arising from, or growing out of, any act or omission of Humane Society, its contractors, agents or employees, in connection with the operation of Humane Society's shelter, or in the performance of related duties under this Agreement. Humane Society shall fully inform all persons using or being upon Humane Society's premises or conducting business at such location of the non-liability of City for any act or neglect of Humane Society, by posting an adequate number of notices to that effect in, about, or on said premises. B. Humane Society's indemnification under this Agreement does not extend to liabilities, losses, claims, demands, actions, causes of action, proceedings, suits, damages judgements, costs and expenses of litigation, including attorney's fees, which Indemnitee may suffe r or incur or which Indemnitee may become subject to by reason or of arising out of any injury to or death of any person(s), damage to property, or loss of use of property caused by the active or passive negligence or willful acts or omissions of C ity, its elected and appointed officials, officers, agents, employees, volunteers or representati ves. C. Humane Society shall at its own cost and expense secure and maintain the following Insurance coverage and provide copies of its most current coverage/documents all of the fo llowing: I. Comprehensive general liability coverage, including vehicle insurance, in an amount no less than $1,000,000 combined single limit per occurrence, $2,000,000 general aggregate. 2. Said policy shall name the City of Temple City, its elected and appointed officers, officials, employees, agents and volunteers as additional insureds with regard to damages and defense of claims arising from ( l) activities performed by or on behalf of the Humane Society; (2) completed operations of the Humane Society, of (3) premises owned, leased or used by Humane Society. 3. Insurance shall be p laced with insurers whi ch are admitted in the State of California and have a current A.M. best rating of no less than A; VII. Agreement for Animal Care/Control Services Page 6 4. Said policy shall bear an endorsement and have attached a rider whereby it is provided that, in the event of expiration, cancellation or modification of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before the expiration, cancell ation or modification is effective. 5. The Humane Society shall file a Certificate of Liability Insurance and origi nal endorsements affecting coverage required by this section with the City. 6. Proof of Worker's Compensation coverage shall be maintained as required by the State of California and provided to the City prior to the execution of this contract. 7. City shall defend, indemnify and save Humane Society harmless from all demands, claims, causes of action, or jud gments, and from all expenses that may be incurred in investigating or resisting the same, arising from, or growing out of, any act or neglect of the City its contractors, agents or servants in connection with the performance of the provisions of this Agreement. SECTION XII RECORDS MANAGEMENT AND FINANCIAL ACCOUNTING A. Humane Society agrees to develop and maintain a comprehensive records management system and provide City with such record s relating to the services performed under this Agreement. All records shall be in a form acceptable to City. All Humane Society records relating to services provided or work performed pursuant to this Agreement, including all financial, managerial and operation records, shall be made readily available for inspection by City representatives at all reasonable times following a request by the City. If costs are incurred during compliance with a City request to inspect records or books, such costs shall be documented by Humane Society and reimbursed to Humane Society by City upon request by Humane Society. B. Humane Society shall comply with information access prov1s1ons in accordance with all applicable non-profit corporation requirements as stipulated by the State of California. C. Humane Society shall be responsible for the preparation and submittal of all invoices and related financial documents for services provided. Society shall fully cooperate with City regarding the methodology and processes required for the appropri ate preparation of all financial documents as determined by City. Humane Society shall submit invoices as defined in Section VI. SECTION XIII CONTRACT ADMINISTRATION A. Humane Society shall provide, upon request by City, reports showing the number and species of animals impounded or received from the City. Additional field services impound data shall be provided to City upon request. Agreement fo r Animal Care/Control Services Page 7 B. Humane Society and City shall attend meetings as requested by either party to discuss operations and activities within the scope of this Agreement. SECTION XIV LEGAL A. In the event this Agreement should be challenged by suit filed by a non-party hereto, and in the event City, in its sole discretion, determines to defend said suit, City shall defend this Agreement at no expense to Society. B. In the event that litigation is required to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees. SECTION XV ASSIGNMENT A. Humane Society shall not have the ri ght, or power to sell, mortgage or assign this Agreement or the powers granted to it or any interest therein. SECTION XVI MERGER A. This Agreement represents the entire understanding between the parties hereto and supersedes any and all prior written or oral agreements or understanding between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM City Attorney Date: ------------------- CITY OF TEMPLE CITY City Manager Date: ------------------------- SA GABRIEL VALLEY HUMANE SOCIETY Board President Date: --------------------------