Loading...
SR - AGR-6346 - PARTICIPATION AGREEMENT ANIMAL CARE SERVICESAGENDA ITEM May 10, 2016 ' •wL •4,1Y• TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROM: Irma Hernandez Deputy City Manager ReviewedNerified B City Manager Finance Director To Be Presented By: Irma Hernandez, Deputy City Manager Cons Calendar City Mgr Rpts Council Reports Legal Affairs Boards /Crates _ Public Hrgs X Admin Reports Plan/Environ 1. SUBJECT Consideration of an Animal Care Shelter Participation Agreement and a 10 -year Animal Care Services Agreement with Orange County for Animal Care and Shelter Services. 2. SUMMARY These agreements provide for continued Animal Care Services to be provided by Orange County to the City of Orange for the next 10- years. 3. RECOMMENDED ACTION Approve and authorize the Mayor and City Clerk to execute: 1. Participation Agreement between the City of Orange and Orange County Animal Care; 2. Services Agreement between the City of Orange and Orange County Animal Care. 4. FISCAL IMPACT Per the Participation Agreement, the cost of City's Share of the new Animal Care Shelter is approximately $2.4 million, although the cost could be as high as $3.2 million. The City will have the option to make a one -time payment or pay quarterly payments over a 10 year period. The funding for the Annual Service Agreement is reviewed on an annual basis as part of the City's budget review and adoption process. 15. STRATEGIC PLAN I 3e. Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services. ITEM # a1• 1 5/10/16 6. GENERAL PLAN IMPLEMENTATION Public Safety Element, Goal 6.0: Provide public safety services of the highest quality. 7. DISCUSSION and BACKGROUND Since 1976, the City of Orange has contracted for complete animal services with the County of Orange. These services include animal care field services, special services, shelter services, and barking dog complaint services. The County of Orange requests that the City enter into a 10 -year Participation Agreement and accompanying Service Agreement in order for a new shelter to be completed in 2017. Animal Shelter Construction Costs: The County's estimated total construction costs for the new shelter is approximately $35.0 million. The County is assuming $5.0 million in costs, leaving a remainder of $30.0 million for participating cities. Orange's share of the remaining costs represents 8.22% based on the number of client cities and the historic demand for services from the County. It is important to note the City's share of construction costs may increase based on a reduction in the number of cities participating in the build out of the new facility, and conversely, may decrease based on the final design of the facility. Currently, the City's estimated share of costs is $2,467,472 based on 18 contract cities. As of this date, 10 cities (Anaheim, Cypress, Tustin, Santa Ana, Yorba Linda, San Juan Capistrano, Fountain Valley, Lake Forest, Villa Park, and Huntington Beach) have opted to continue contracting with the County. Laguna Hills, Rancho Santa Margarita, Garden Grove, and Stanton have opted to contract elsewhere, but are eligible to rejoin after three years. Brea, Fullerton, and Placentia will make a decision in early May and are expected to remain. Unless otherwise communicated with the County, it is expected that all current partners will make a final decision by May 17, 2016. Based on a total of 14 cities participating in the new shelter, the cost could exceed $3.0 million dollars, with final costs based on final design of the facility. Annual Service Contract Costs The FY 2015/16 Adopted Budget contains an appropriation of $749,811 for the animal control services contract with Orange County which reflected on an increase of $115,684. This increase is due in part to the County's January 1, 2016 adjustment to now bill cities quarterly for uncollectable fee revenue, based on that City's residents' unpaid animal care fee and licensing bills. Additionally, costs were incurred due to labor agreements, vehicle replacement, filling critical animal care officer vacancies, and efforts related to improving operations at the current future shelter. For FY 2016/17, it is anticipated the cost of the contract with the County will increase to approximately $800,000. The County is conducting an OC Animal Care budget workshop on May 5, 2016, to solicit input from all participants to determine the total budget for FY 2016/17. This cost will be incorporated into the FY 2016/17 Budget to be presented to the City Council in June 2016 for approval. Annual contract costs will be included in the annual budgets for the remainder of the 10 -Year Agreement. On a positive note, the City of Santa Ana has agreed to utilize the County's field services operations. Previously, Santa Ana used its own staffing and vehicles. This inclusion of a very large city should help share operational costs and potentially provide for less of an increase in future years. 2 Currently, the City of Orange is one of 18 cities that currently contract with Orange County Animal Care (OCAC), a division of the Orange County Community Resources Department of the County of Orange. OCAC provides all animal care services on behalf of the City, including control services, special services, shelter services, and barking dog complaint services. Sheltering services include feeding and care of animals and associated costs to provide this service. The OCAC shelter is currently located at 561 The City Drive South in Orange, from which it provides services 24 hours a day, 365 days a year. The current shelter was built in 1941 and is suffering from severe dilapidated physical conditions, lack of space, and other deficiencies which have been the subject of numerous complaints and several Grand Jury reports. In 1995, the Orange County Board of Supervisors allocated $5 million towards the development of a new shelter to be located at the former Marine Corps Air Station in Tustin. However, due to several issues, including working with the Department of Navy on contamination and transfer issues, it is only recently that the County has been able to push forward with plans to construct a new shelter. Over the past year, the County and its contract partners affirmed their mutual desire to accelerate the construction of the new animal shelter. The County took the lead in these efforts and has made significant progress. The County has gained control of a 10 -acre parcel site on the former base via a Lease Agreement and Amended Land Exchange Agreement between the County and South Orange County Community College District. In addition, the County completed CEQA compliance and prepared a conceptual design for the shelter site. The conceptual design served as the basis for a Request for Proposal to construct the shelter using the design/build delivery method. In addition to moving forward with the new shelter, the County hired a shelter consultant to evaluate its operations and to make recommendations on best practices for the new shelter. The evaluation includes working with contract cities and animal welfare stakeholders and will result in an action plan for shelter operations. At the Board of Supervisors' meeting on April 12, 2016, the Board approved items related to the new shelter including an award to Snyder Langston L.P. for design and construction of a new OC Animal Care Facility for a not to exceed amount of $32,825,000. Attachment 4 is the conceptual rendering of the new shelter. Construction is scheduled to commence in July 2016 and be completed by October 2017. In order to adhere to the accelerated schedule, the County is requesting that contract cities approve Agreements by May 31, 2016, which will provide each City's intention to remain with the County for animal care services and commit to funding their proportionate share of construction costs for the new shelter. Over the last two months, a subcommittee comprised of two large cities and one small city negotiated both agreements on behalf of the member cities. The agreements have been reviewed by City Attorney's from two of the large cities on behalf of all contracting cities. The County is requiring contract cities to confirm their participation by entering into two separate, but related agreements, with the County: (1) a Participation Agreement that outlines the roles and responsibilities of the County and contract cities for the construction and ongoing maintenance of the new shelter, and affirms the cities commitment to fund their proportionate share of construction costs for the shelter; and (2) an Agreement for the Provision of Animal Care Services ( "Services Agreement ") to provide animal care and shelter services for a term of ten (10) years. 3 Participation Agreement - The Participation Agreement provides that the County will contribute $5.0 million (14 %) of the estimated $35.0 million project cost. The remaining $30.0 million (86 %) is to be funded by the contract cities based upon a historical five -year average of Animal Care Days at the shelter. The estimated distribution share for the City of Orange is $2,467,472. This is 8.22% of the total share for the current contracting cities. A Project Cost and Funding Summary as approved by the Board of Supervisors is included as Attachment 3. It is important to note that while four cities have opted not to continue their participation in the new shelter, the County is revising the design to eliminate kennel buildings, thus reducing the overall cost. Among the four cities opting out, the City of Garden Grove represented a significant share of the cost at 13.81%. At the current design level, it is estimated that our cost could increase by over $600,000 to include the loss of Garden Grove, Laguna Hills, Stanton, and Rancho Santa Margarita. However, as mentioned prior, the County is now undergoing a review of the final design, and with the loss of the four cities, will redesign the shelter to reflect the demand of the 14 cities and County service area. If, after an initial three year period, additional cities join in the new County shelter, the Participation Agreement has a provision that costs would be redistributed. The Major Terms of the Participation Agreement include: • Each city has the option of paying its proportional amount of the new animal shelter costs upfront in a lump sum or paying over a ten -year period at an interest rate of less than 0.77 %. The City of Orange's cost is estimated to be $2,467,472 or $250,000 each year for a ten -year period. Payments would be due quarterly beginning in October 2016. • After year five, each city's percentage share will be recalculated based upon the previous five years usage. If a city's share increases or decreases more than 5 %, then the city's total share of the maximum construction costs shall be recalculated so the original percentage shall be applied to 50% of the maximum construction costs and the recalculated percentage shall be applied to 50% of the maximum construction costs. For those cities that paid the initial lump sum, a credit will be issued. • Should a participating city default on its payments, the remaining cities would make up the shortfall. The County will pursue all legal remedies. Should the non - paying city pay any amount owed, the increased cost to other cities will be reimbursed. • No "new" city will be added to OCAC for three years to allow for appropriate sizing and establishing operational protocols for the new shelter. New cities will be required to pay a pro rata portion of the maximum construction costs based on a formula. • Any excess funds (maximum construction costs less actual construction costs) shall be credited to cities against future charges under each city's Services Agreements. • If the County elects to discontinue providing animal sheltering services, the cities have the option to take over the operation of the shelter under a ground lease agreement. This option is valid for 50 years. • Participating cities must also sign the OCAC Services Agreement. • The County will award the design/build contract and manage all aspects of the animal shelter project. 4 • A Design Advisory Board, consisting of members from participating contract cities, will have the ability to review and provide input on the design and construction of the new shelter. The Design Advisory Board will consist of 11 members: three representatives of OCAC contract cities; three representatives from rescue groups; two representatives from the Community Outreach Committee; two representatives of OCAC staff; and one representative of the veterinary community chosen by the Southern California Veterinary Medical Association. County staff indicates the Design Advisory Board will operate as a staff level working group. It is expected that the City of Orange will be on the Design Advisory Board. OCAC Services Agreement — In an effort to provide financial certainty and continuity, OCAC is requesting approval of a 10 -year service agreement with contract cities for provision of animal care services to replace the existing agreements for all cities electing to participate in the Participation Agreement. Service Agreements confirm the provision of specific animal care services to be provided and recover the associated service cost through approved user fees and contract city payments. Similar to the existing agreement, the new 10 -year agreement confirms that the County will issue an annual Notice of Intent (NOI), which will include the specification of annual costs for each contract city. The major terms of the Services Agreement include: • As is the case with the current service agreement, the City's costs will be based on actual services provided, less actual revenues generated. • Ten year term with submittal of an annual Notice of Intent to indicate desired OCAC services and projected costs. • May be terminated by County immediately upon default by a city under the Services Agreement or the Participation Agreement. County will no longer be able to terminate Services Agreement without cause. • City and County may agree to individualized services if the resulting service level will not conflict with state or federal statutes and not endanger the public health. Additional costs for services will be at the expense of requesting city. • Cities may adopt user fees that differ from the County's fee schedule. OCAC will collect those fees as services are rendered. • Operational costs for animal care services have been increasing over the past few years and the County and its contract partners have been engaged in active discussions regarding options and methods for controlling costs. To this end, the new Service Agreement includes language that preserves and expands the role of the cities' financial oversight and advisory functions. • The Financial and Operations Advisory Board ( "FOAB ") will be changed to the City Managers Association Animal Care Committee ( "CMAAC ") and will be constituted at the discretion of the cities. The County will have no ability to change the constitution of the committee. • No less than once every three years, the County will hire an external auditor to review city billings for accuracy. Cities also reserve the right to conduct audits, at their expense, more frequently if desired. 5 • An adoption center's primary focus is housing and actively seeking suitable homes for the adoptable, companion animals in their care. The new OCAC contract enables customization of services. The City may consider changes or additions, such as: o Funding an Animal Behaviorist to work with Orange animals with temperament issues to improve their potential for adoption o Funding a local Adoption Center to increase adoption of Orange animals o Enacting new Ordinances, such as mandatory microchipping for dogs (to increase the likelihood of reuniting stray dogs with their owners) to be enforced by OCAC as part of annual dog licensing. o Additional outreach and education Alternative Animal Control Solutions In reviewing what a continued partnership with the County means for Orange, the City did its due diligence and looked at alternative solutions for animal care services. A significant issue in Orange County related to animal sheltering services is that of available space for the animals. A poll of shelters in the County showed available space is limited and currently several shelters do not have the physical space to house the number of animals from Orange that require sheltering. One alternative to entering into the Agreement with the County is for the City of Orange to establish its own animal services department /division. The costs to establish and manage an in -house animal control program for Orange are difficult to estimate. That said, the City of Irvine operates its own shelter and animal control program at a total annual cost of approximately $3,400,000 after animal licensing revenue is considered. Another alternative studied extensively was the establishment of a Joint North Orange County Animal Shelter. Several cities in North County including the cities of Brea, Placentia, Fullerton, and Yorba Linda looked at options to build and run an Animal Shelter via a Joint Powers Authority. Unfortunately, having researched the feasibility of such a facility it was determined that the costs would be in excess of participation with OCAC for animal care services. Over the last decade, staff has researched alternative animal care providers /shelters serving the surrounding communities and inquired about their ability to provide service to the City of Orange. Staff has concluded that alternative animal service providers will not offer better service, be more cost effective, or provide residents with a more convenient shelter location. Nevertheless, staff will continue to assess options to ensure animal control services are available in a cost effective manner. Review of Orange County Animal Care Services In considering the potential continuation of the City's partnership with the County and participating cities, the City understands that over the years there have been several Grand Jury reports critical of the current shelter and operations. With regard to shelter concerns, it is expected that the new shelter will cure the deficiencies and be the most up -to -date shelter in the County. Operationally, the City has communicated its shared concerns and the County has responded with many positive actions to enhance its operations at the current shelter. These changes will be carried forward with new operational controls at the new shelter. Exhibit 5 is a response matrix from the 2 County regarding prior Grand Jury reports. More importantly, recent actions not fully reflected in the response matrix include: • Conducting a legal review of all OCAC policies and procedures; • Hiring JVR Shelter Strategies to conduct a thorough review to improve policies, procedures, training, and sheltering practices; • Hiring an animal behaviorist to assist assessment of hard to place animals; • Developing a web -based application to increase public awareness on mobile devices for adoption purposes; • Training a new class of 12 animal control officers to increase reaction time to calls; and, • Increasing focus on professional development for all staff related to sheltering best practices. The annual contract period with OCAC is from July 1 to June 30 of each year. Each year, the City of Orange receives a Notice of Intent (NOI) from the County for animal care services for the upcoming year. The Service Agreement attached to this report (Attachment 2) is a model agreement, approved to form by the City Attorney's Office, which will be returned to the City for execution upon approval by all participating cities. To date, the City has not received the NOI for the upcoming year July 1, 2016 -- June 30, 2017, but Staff estimates the costs to be approximately $800,000 but will have FY 2016 -27 allocations after the May Stn Animal Care budget workshop. The inclusion of the City of Santa Ana, which formerly did not contract for field services, will help spread the operational costs, however, the actual impact is not yet known. The total cost of the City's animal control billing is composed of two components: field /special services, and sheltering services. These expenses are reduced by revenue generated by licensing and shelter related revenue. The City of Orange net costs for animal care services have been: FY 2011/2012 - $470,717 FY 2012/2013 - $545,700 FY 2013/2014 - $657,861 FY 2014/2015 - $634,127 FY 2015/2016 - $749,811 Animal care service costs have increased mostly due to labor costs and OCAC improving the level of animal care to meet community expectations in response to Grand Jury reports. From a longer term perspective, employee benefits and general liability insurance have all experienced increases. However, fee revenue has not kept pace with the increase in costs. In FY 2014 -15, user fees covered only about 55% of total costs. Specifically for Orange, the gross cost of providing services increased by about 59% between 2011 -12 and 2015 -16, however fee revenue for this period remained essentially flat. In FY 14/15, OCAC completed approximately 4,447 service actions in Orange. They include: • Nuisance /Barking dog complaints — 208 • Bite investigations — 868 • Animal cruelty investigations — 400 • Other investigations (kennel, vicious) — 232 • Sick/injured transport — 284 • Wild Animal Activities — 317 • Stray at Large — 1,348 • Deceased animal pickup — 646 • Other field services (assist Police Department, etc.) — 144 In FY 14 -15, OCAC sheltering services statistics for Orange were: Dogs 840 3,552 days 4.2 avg days in shelter Cats 831 3,245 days 3.9 avg days in shelter Birds 187 341 days 1.8 avg days in shelter Other* 360 663 days 1.8 avg days in shelter Totals 2,219 In total, 2,219 Orange animals were sheltered at OCAC in FY 14 -15 including livestock and wildlife (rats, raccoons, etc.). It is important to note that while OCAC does not shelter horses, there is a large animal rescue network in place in Orange and beyond that will manage sheltering options during times of emergencies. This network is working with OCAC to formalize this effort. The following table list both mandated and non - mandated services that are provided by OCAC to contract cities. Following the table is a summary of key services provided by OCAC to contract cities. Mandated Services (must be done by OCAC): Non - Mandated Contract Services (can be done by city): Non - Mandated, Non - Contract Services: • Rabies Control • Dead Animal Pick -up • Feral Cat Intake • Emergency Response • Wildlife Response • Investigations • Volunteer Coordination • Shelter Services • Rescue Group • Animal Licensing Coordination • Impounding & Retention of Stray • Public Education Animals • Canvassing • Prompt Veterinary Care • Evaluation, Redemption, and Adoption of Animals • Euthanasia and Proper Disposal Veterinary Services - Veterinary services are available on site from 7 am to 6 pm 7 days a week, including holidays and extended hours on Wednesdays. Veterinarians are on the premises 6 days a week. OCAC also has contracts with multiple private veterinarians specializing in emergency medicine, wildlife, internal medicine, and surgery. Additionally, they have a Medical Pets Program whereby animals requiring care beyond what can be provided at OCAC (ie, orthopedic surgery), appropriate care is facilitated via Noble Friends 5016 which raises funds to provide care for the unique needs of these animals. OCAC maintains a premise permit and DEA license to afford the delivery of prompt and necessary care and ensure the health of the shelter population. Trap Neuter Release Program - Feral cats brought to the shelter by members of the public are held for their legal time to provide opportunity for owner identification. After this time (3 days) the cats are spayed /neutered, vaccinated, flea treated, and microchipped. The cats are returned to the areas from which they were found, as these areas are known territories for the cats. This program was initiated in 2013. Prior to implementation of this program, feral cats were euthanized as their temperament does not make them adoption candidates. OCAC has been releasing approximately 1,700 cats per year since implementation of the program. This is a lifesaving pathway available to an otherwise unadoptable animal. 8 Canvassing- Canvassing hours are provided to each city based on a utilization percent of the shelter by each participating city. Approximately 1,400 hours are spent canvassing contract cities each month. Deployment of canvassers to city areas is determined based on past staffing patterns and with attention to which cities have received canvassing attention previously. The goal is to cover all or nearly all of a city and then repeat over the years. The average licensing compliance rate for the state of California is 35 %. Orange has a compliance rate of approximately 60% as a result of the strong canvassing efforts of OCAC. Adoption- OCAC works with several animal rescue groups that meet criteria to become OCAC adoption partners. In 2015, over 4,500 animals were transferred to 127 OCAC adoption partners including 1,842 dogs and 2,468 cats. OCAC has an overall Live Release Rate for dogs of 93% and a Live Release Rate for cats of 43 %. Additionally OCAC has implemented several programs to decrease animal impounds and increase positive outcomes for Orange County animals. These include: Diversion Late last year, OCAC succeeded in solidifying their relationship with the 5016, OC Shelter Partners. This diversion program helps keep animals in their homes, rather than relinquishing them to the OC Animal Shelter. While still in its infancy, this program diverts more than 50 animals from entering the shelter by facilitating veterinary care, behavior training and transfer to rescue. Spay/Neuter OCAC hosts mobile spay /neuter services twice monthly. This low cost service helps decrease pet overpopulation while also improving the lives of owned pets in our communities. Unneutered pets are over - represented in shelters, often for medical or behavioral issues resulting from not being neutered. Education OCAC Community Outreach Team works with local schools to provide education to children of all ages on the importance of responsible pet ownership. Pets are an important component of kids' lives and responsible pet ownership helps ensure children have positive experiences with animals and fosters the human - animal bond. Adoption Events OCAC hosts at least one adoption event monthly at OC Animal Shelter. In 2015, more than 1,100 animals were adopted from these popular events. Foster Program Often animals are too young (requiring round - the -clock bottle feeding) to be placed up for adoption or they need to convalesce from a trauma or surgery. OCAC foster partners welcome these animals into their homes and provide love and care to the animals until they can be made available for adoption. OCAC is focusing on elevating this program to improve outcomes for the many underage orphan kittens that enter the shelter. 0 Adoption Partners OCAC Adoption Partners adopt approximately 30% of the animals that are in the shelter. The animals adopted by 5016 organizations are often ones with temperament or medical issues that require resources and time. OCAC Adoption Partners play an important role with homeless pets. For the last 10 years the City of Orange has been an active member of the OCAC Financial /Operational Advisory Board. In that role, the City's representatives have been part of many of the policy, budget, and new shelter discussions. Overall, the City has been pleased with the services provided by OCAC to Orange residents and businesses. The City has continued to express its desire to move forward with the construction of a new regional animal shelter which will be a great benefit to our residents. 8. ATTACHMENTS Attachment 1 — County of Orange and City of Orange Participation Agreement for the design and construction of the new shelter. Attachment 2 — Agreement for Provision of Orange County Animal Control Care Services between the County of Orange and City of Orange Attachment 3 — Project Cost and Funding Summary Attachment 4 — Conceptual Design for the New Shelter Attachment 5 — County Response Matrix to Grand Jury 10