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.
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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
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June 7, 2016
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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
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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 :
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• 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
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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: --------------------------