Title
Recommendation to Authorize the City Manager to Execute an Animal Shelter Operator Agreement with the Friends of the Alameda Animal Shelter (FAAS) for an Amount Not to Exceed $997,818 in Fiscal Year 2021-22; with an Escalator for the Second Year, and an Allowance for Up To Four Two-Year Extensions, for a Total of Up To 10 Years. (City Manager 10021030)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Friends of the Alameda Animal Shelter (FAAS) has been providing animal shelter services to the City of Alameda (City) under a service agreement that will expire in July of 2021. The City also has a lease with FAAS to occupy the animal shelter facility. This staff report includes staff’s recommendation for the City Council to approve a new operator agreement that would contain the terms in the current service agreement and lease, allowing FAAS to continue to provide animal shelter services at the current location.
BACKGROUND
Animal control shelters are regulated under the California Food and Agriculture Code and the California Civil and Penal codes. Those regulations mandate that city and county animal control shelters and/or its agencies provide care to animals housed in an animal control shelter to prevent spread of disease, to protect the animals, and protect the public good.
Prior to 2012, Alameda’s animal shelter and animal control services were managed by the City and operated by the Police Department. Following steep budget cuts during the recession, FAAS took over animal shelter services in 2012, with animal control remaining under the Police Department. In 2017, the City and FAAS renegotiated their contract to continue to provide this service to the community, including a lease between the City and FAAS for the building at 1590 Fortmann Way. Both the service agreement and the current lease agreement expire in July 2021.
FAAS has been a solid partner, providing a high level of service to the community, including operating the City’s animal shelter, working on citywide emergency planning, and reporting regularly to the City Council. During the pandemic, FAAS continued to provide a high level of service to the community.
DISCUSSION
With the service agreement and lease both expiring, staff is recommending approval of a new operator agreement that will allow FAAS to continue providing animal shelter and related services at its current location. Key terms from the agreement are included below:
• Compensation to FAAS: $997,818 in 2021, with an annual cost of living increase based on the Consumer Price Index.
• Term: two years, with up to four two-year extensions subject to review and approval by the City Manager.
• Scope of services: FAAS will continue to maintain animal shelter services for the community, including adhering to best practices regarding shelter admission and intake, care and welfare of animals, employee conduct, and operations. FAAS shall not euthanize any animal for time or space, and the average live release rate goal for dogs or cats will be 90% or higher.
• Staffing: FAAS will increase its current staffing. The Adoption and Foster Services Manager is a new position paid by the City. The Medical Director, Community Services Manager, two South Shore employees, and part-time thrift store employee are new positions paid by FAAS.
• Reporting: FAAS shall present an annual report to the City Council regarding the quantity and quality of services provided under the service agreement. FAAS shall also provide annual status reports to the City Manager. An annual financial audit will be conducted and posted on the FAAS website.
• Premises: 1590 Fortmann Way will continue to be used by FAAS, as it has been since 2011.
Surplus Lands Act
This transaction does not implicate the Surplus Lands Act because this transaction selects an operator (i.e., FAAS) to operate a City facility, namely an Animal Shelter. The transaction does not constitute disposition of agency property as defined by the SLA and its implementing regulations.
ALTERNATIVES
• Authorize the City Manager to execute an Animal Shelter Operator Agreement with the Friends of the Alameda Animal Shelter (FAAS), as recommended by staff.
• Alternatively, the City Council may wish to provide new or different terms to this agreement.
FINANCIAL IMPACT
The first year operating annual cost of this contract is an amount not to exceed $997,818, paid on a reimbursement basis. In addition to the $997,818, the City will perform the improvements needed to the facility in the Capital Improvement Plan or reimburse FAAS for this work.
Funds for the existing FAAS contract have been budgeted in Fiscal Year 2021-22 at $997,818.
Finally, it is understood that just like other contracts for services, funding for FAAS will be dependent on the City’s budget and ability to support the program, balancing other responsibilities throughout the City.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is in conformance with the Alameda Municipal Code and all policy documents.
ENVIRONMENTAL REVIEW
This action is not subject to environmental review as the activity is not a "project" for purposes of the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment, per CEQA Guidelines, Section 15378(b)(5).
CLIMATE IMPACT:
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Authorize the City Manager to execute an Animal Shelter Services Agreement, including both operating/services requirements and facility lease provisions, with the Friends of the Alameda Animal Shelter (FAAS) for an amount not to exceed $997,818 in Fiscal Year 2021/22; with an escalator for the second year, and an allowance for up to four two-year extensions, for a total of up to 10 years.
CITY MANAGER RECOMMENDATION
The City Manager recommends that the City Council authorize the execution of an agreement with Friends of Alameda Animal Shelter in an amount not to exceed $997,818.
Respectfully submitted,
Eric Levitt, City Manager
Financial Impact section reviewed,
Annie To, Finance Director
Exhibit:
1. Shelter Services Agreement, including:
- Exhibit A - FAAS Operating Budget; and
- Exhibit B - FAAS Employment and Compensation Schedule