HomeMy WebLinkAboutFresno Humane Animal Services-Mandated Animal Control Services_A-24-328 A-19-562.pdf COU County of Fresno Hall of Records,Room 301
2281 Tulare Street
Fresno,California
R !" Board of Supervisors 93721-2198
O� i85 O Telephone:(559)600-3529
Minute Order Toll Free: 1-800-742-1011
www.fresnocountyca.gov
June 18, 2024
Present: 5- Supervisor Steve Brandau,Chairman Nathan Magsig,Vice Chairman Buddy Mendes,
Supervisor Brian Pacheco,and Supervisor Sal Quintero
Agenda No. 66. Public Health File ID:24-0360
Re: Approve and authorize the Chairman to execute Amendment I to Agreement with Fresno Humane
Animal Services,for animal shelter-master and animal control services decreasing the term by four
years to January 1,2020 through December 31,2025,and decreasing the maximum compensation by
$7,158,106 to a total of$11,773,686
A MOTION WAS MADE BY SUPERVISOR PACHECO,SECONDED BY VICE CHAIRMAN MENDES,
THAT THIS MATTER BE APPROVED AS RECOMMENDED.THE MOTION CARRIED BY THE
FOLLOWING VOTE:
Ayes: 5- Brandau, Magsig, Mendes, Pacheco,and Quintero
Agreement No.24-328
County of Fresno Page 70
co
0 Board Agenda Item 66
O 1856 O
FRE`'�
DATE: June 18, 2024
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health
SUBJECT: Amendment I to Agreement with Fresno Humane Animal Services
RECOMMENDED ACTION(S):
Approve and authorize the Chairman to execute Amendment I to Agreement with Fresno Humane
Animal Services,for animal shelter-master and animal control services decreasing the term by four
years to January 1, 2020 through December 31,2025, and decreasing the maximum compensation
by$7,158,106 to a total of$11,773,686.
There is a$500,000 increase in Net County Cost(NCC)associated with the recommended action, which
will allow the County to remit adequate payments to Fresno Humane Animal Services (FHAS)for the cost of
services provided under the Agreement scope of work. Additionally, approval of the recommended action
will reduce the contract term by four years from the existing term of January 1, 2020 through December 31,
2029 to January 1, 2020 through December 31, 2025, allowing the Department to return to your Board in
2025 with a new agreement. While the animal shelter is located in District 1, services are provided
countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended action, the vendor will have to terminate the existing
agreement due to lack of sufficient County funding to provide the required services.
FISCAL IMPACT:
There is an increase in NCC associated with the recommended action. There is an increase in costs of
$500,000 for FY 2023-24; however, these additional costs will be funded with budgeted Health Realignment
appropriations in the Department's Org 5620 FY 2023-24 Adopted Budget, resulting in no increase in NCC.
There will be an additional increase in NCC of$500,000 for FY 2024-25 as these costs will be fully funded
with NCC. Sufficient appropriations and estimated revenues will be included in the Department's Org 5620
future budget requests for the duration of the term. Given the four-year reduction to the term of the
agreement, the recommended amendment will reduce the total maximum compensation from $18,931,792
to$11,773,686.
DISCUSSION:
On October 22, 2019, your Board approved Agreement A-19-562 with FHAS to serve as the County's
shelter-master and animal control agency, including animal care, field service operations, enforcing leash
laws, dog licensing and improving outcomes for animals taken into the County shelter. The Agreement took
effect January 1, 2020 with a ten-year term through December 31, 2029. When the Agreement was written,
animal control operations were housed at the prior County morgue located at 760 W. Nielsen, Fresno,
County of Fresno page I File Number.24-0360
File Number.24-0360
California 93706 while the new County shelter was under construction. The Department projected an
increase in operational costs once the new shelter was complete and included language in the Agreement
that allows for a re-evaluation of FHAS' compensation after one year in the new shelter. FHAS moved into
the new shelter at 1510 West Dan Ronquillo Drive, Fresno, CA 93706 in April 2022.
Since January 2024, the Department and FHAS have been working closely to evaluate program costs and
outcomes and confirmed the contract compensation is not sufficient to fulfill the contractual obligations. The
calendar year 2022 through 2024 expenses-to-date are as follows:
2022 2023* 2024 2024
(Jan-Apr) Projection
Contract Maximum $1,765,008 $1,935,096 $1,782,630 $2,782,630
Expenses $2,825,397 $3,516,082 $1,052,885 $3,158,655
Difference ($1,060,389) ($1,580,986) $729,745 ($376,025)
*FHAS received $202,000 for vehicle purchases in 2023, which results in a decrease to the CY 2024 max
comp.
FHAS has been covering the deficit with donations, grants and other funding sources, which is not a
sustainable or suitable resolution.
The new shelter facility has a capacity of 194 dogs, which is a 159% increase over the capacity of 75 at the
previous shelter. In addition to the increased capacity and square footage at the new shelter, requiring
additional staff and resources to maintain the facility, the County shelter has also seen an increase in animal
intake. In 2020, the total animal intake was 6,247 and 6,651 in 2021. The intake since operations began at
the new shelter are as follows:
2022 2023 +/- 2024 +/-
Projection
Dogs 5,522 5,786 +4.56% 6,360 +9.02%
Cats 1,997 1,674 -19.29% 1,540 -8.70%
Other Animals 239 253 +5.53% 388 +34.7%
Total 7758 7713 -0.58% 8,288 +6.93%
Approval of the recommended action will increase the funding in the Agreement and allow FHAS to continue
operating the shelter with sufficient services and supplies. Approval of the recommended action will also
allow the Department to work with consultant group, Hatching to evaluate the County's animal control
program, including shelter and field operations, funding recommendations, and recommendations for
efficiency. The agreement with Hatching is anticipated to be brought before your Board for approval at the
July 9, 2024 County Board date, with services beginning shortly thereafter. Over the coming year, the
Department will secure Hatching's evaluation report and return to your Board with a new recommended
agreement before December 31, 2025.
REFERENCE MATERIAL:
BAI #7, October 22, 2019
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Amendment I to Agreement with FHAS
On file with Clerk- Electronic Signature Verification
CAO ANALYST:
County of Fresno page 2 File Number.24-0360
File Number.,24-0360
Ronald W. Alexander, Jr.
County of Fresno Page 3 File Number.24-0360
Agreement No. 24-328
1 AMENDMENT I TO AGREEMENT
2 THIS AMENDMENT, hereinafter referred to as Amendment I, is made and entered into this
3 18th day of June , 2024, by and between the COUNTY OF FRESNO, a Political Subdivision of
4 the State of California, hereinafter referred to as "COUNTY', and FRESNO HUMANE ANIMAL
5 SERVICES, a California Non-Profit Public Benefit Corporation, whose address is 2789 S. Orange
6 Avenue, Fresno, CA 93725, hereinafter referred to as "CONTRACTOR" (collectively the "parties").
7 WITNESSETH:
8 WHEREAS, on October 22, 2019, the COUNTY and CONTRACTOR entered into Agreement
9 No. 19-562 ("Original Agreement") for shelter-master, shelter and emergency veterinary services for
10 animal from the unincorporated areas of the County, pursuant to Food and Agricultural Code,
11 Sections 31105 and 31106, Penal Code, Section 597f, and Fresno County Ordinance Code,
12 Chapters 9.01 through 9.12; enforcement of dog licensing and animal control, pursuant to Fresno
13 County Ordinance Code, Chapters 9.04 through 9.12 and California State laws pertaining to animal
14 control; and
15 WHEREAS, the CONTRACTOR moved to the new animal shelter("Shelter") located at 1510
16 West Dan Ronquillo Drive, Fresno, California 93706 in April of 2022, which has an increased capacity
17 of 159% from the previous shelter located at 760 W. Nielsen, Fresno, California 93706; and
18 WHEREAS, Clause 3 "Compensation for Services and Reimbursement of Expenses" of the
19 Original Agreement states a re-evaluation of shelter costs will be conducted one (1) year after the
20 completion of the Shelter, on or around April 2023. The Department of Public Health (DPH) and
21 CONTRACTOR did not have sufficient data at that time to accurately assess the operational costs or
22 expenditure trends; and
23 WHEREAS, in January 2024, DPH began an operational audit and concluded there is not
24 sufficient funding in the Original Agreement to support the Scope of Work activities.
25 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
26 hereto agree to amend the Agreement as follows:
27 1. That COUNTY Agreement No. A-19-562, Section Two (2) "TERM OF
28 AGREEMENT", at Page Four (4), beginning with Line Two (2) "The" and ending on Page Two (2),
1 — COUNTY OF FRESNO
Fresno,CA
1 Line Twelve (12) after the word "Services" is replaced as follows:
2 "A. The term of this Agreement shall be for a period of six (6) years, commencing on January 1,
3 2020 and including December 31, 2025 unless terminated earlier as set forth in Section IV or written
4 notice of non-renewal is given either by CONTRACTOR or COUNTY's DPH Director, or designee, not
5 later than one-hundred eighty (180) days prior to the close of the current Agreement term. In no
6 event shall this Agreement extend beyond December 31, 2025, except as provided in the following
7 paragraph.
8 B. Upon expiration or termination of this Agreement, CONTRACTOR shall aide the COUNTY
9 in continuing, uninterruptedly, the requirements of this Agreement, by continuing to perform on a
10 temporary basis, when specifically requested to do so in writing by COUNTY's authorized
11 representative, for a specified term not to exceed 12 months. Such continuance shall be on the same
12 terms and conditions as provided in this Agreement, except the COUNTY may request part or all of
13 the services to be performed and payment will be limited to the Compensation Schedule for such
14 services."
15 2. That COUNTY Agreement No. A-19-562, Section Three (3) "COMPENSATION
16 FOR SERVICES AND REIMBURSEMENT OF EXPENSES", at Page Four (4), beginning with Line
17 Fourteen (14) "In" and ending on Page Four (4), Line Sixteen (16) after the phrase "Exhibit B" is
18 replaced as follows:
19 "A. In consideration of CONTRACTOR's performance hereunder including services, and subject to
20 the terms and conditions herein, the COUNTY agree to compensate CONTRACTOR according to,
21 and in the manner provided in, the Compensation Schedule, attached hereto as Exhibit B-1."
22 3. That COUNTY Agreement No. A-19-562, Section Three (3) "COMPENSATION
23 FOR SERVICES AND REIMBURSEMENT OF EXPENSES", at Page Six (6), beginning with Line
24 Four (4) "For" and ending on Page Six (6), Line Twenty-Seven (27) after the word "month" is replaced
25 as follows:
26 "c. For every 12-month term beginning with January 1, 2023 through December 31, 2025, a cost
27 of living adjustment based on the lesser of 3% or the then current Pacific Region Consumer Price
28 Index (CPI). In addition, CONTRACTOR will receive an increase of$1,000,000 in 2024 to
— 2 — COUNTY OF FRESNO
Fresno,CA
1 Compensation Maximum (Table A):
2 Contract Period Maximum Compensation
3 Jan. 1, 2020 — Dec. 31, 2020 $1,788,986
4 Jan. 1, 2021 — Dec. 31, 2021 $1,668,317
5 Jan. 1, 2022 — Dec. 31, 2022 $1,765,008
6 Jan. 1, 2023— Dec. 31, 2023 $1,935,096
7 Jan. 1, 2024— Dec. 31, 2024 $2,782,630
8 Jan. 1, 2025 — Dec. 31, 2025 $1,833,649
9
10 In no event shall services under this Agreement be in excess of Eleven Million, Seven Hundred
11 Seventy-Three Thousand, Six Hundred and Eighty-Six and 00/100 Dollars ($11,773,686) during the
12 term of this Agreement. It is understood that all expenses incidental to CONTRACTOR's
13 performance of services under this Agreement shall be borne by CONTRACTOR. COUNTY's
14 payments shall be made in advance (except for Emergency Veterinary Services, Contingency Fund,
15 Disaster Plan, and Sheriff's Office expenses) on the tenth (10th) day of each month for the month in
16 which services are provided."
17 4. The parties agree that this Amendment may be executed by electronic signature as
18 provided in this section. An "electronic signature" means any symbol or process intended by an
19 individual signing this Amendment to represent their signature, including but not limited to (1) a digital
20 signature; (2) a faxed version of an original handwritten signature; or(3) an electronically scanned
21 and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
22 affixed or attached to this Amendment (III) is deemed equivalent to a valid original handwritten
23 signature of the person signing this Amendment for all purposes, including but not limited to
24 evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect
25 as the valid original handwritten signature of that person. The provisions of this section satisfy the
26 requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act
27 (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital
28 signature represents that it has undertaken and satisfied the requirements of Government Code
- 3 - COUNTY OF FRESNO
Fresno,CA
1 section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely
2 upon that representation. This Amendment is not conditioned upon the parties conducting the
3 transactions under it by electronic means and either party may sign this Amendment with an original
4 handwritten signature.
5 5. COUNTY and CONTRACTOR agree that this Amendment I is sufficient to amend the
6 Agreement; and upon execution of this Amendment I, the Agreement and Amendment I together shall
7 be considered the Agreement.
8 6. The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
9 covenants, conditions and promises contained in the Agreement, and not amended herein, shall
10 remain in full force and effect. This Amendment I shall be effective June 18, 2024.
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— 4 — COUNTY OF FRESNO
Fresno,CA
1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I as of the day
2 and year first hereinabove written.
3
CONTRACTOR COUNTY OF FRESNO
4 FRESNO HUMANE ANIMAL SERVICES
5 8r&K,0
�i (Y L •
6
Authorized Signature Nathan Magsig, Chairman of the Board of
7 Supervisors of the County of Fresno
8 Brenda Mitchell / President
Print Name and Title
9 Date: la 20v24
10
11 ATTEST:
Bernice E. Seidel
12 Clerk of the Board of Supervisors
County of Fresno, State of California
13
14 By:
15 Deputy
16
FOR ACCOUNTING PURPOSES ONLY:
17
Fund/Subclass: 0001/10000
18 Account/Program: 7295/0
19 Organization: 56204762
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— 5 — COUNTY OF FRESNO
Fresno,CA
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From: Brenda Mitchell <bmitchell@fresnohumane.org>
Sent: Tuesday, June 4, 2024 12:14 PM
To: Ryals, Amy
Subject: Re: FW: Final Amendment I to Agreement with FHAS (Updated 5/31/24)
Attachments: Final Amendment I to Agreement with FHAS - Updated 5-31-24 (002) (1).pdf
CAUTIONM -EXTERNAL EMAIL-THINK BEFORE YOU CLICK
Here ya go.
On Tue,Jun 4, 2024 at 12:07 PM Ryals,Amy<aryals@fresnocountyca.gov>wrote:
Whoops, it went to your County email.
obift Amy Ryals Jones
Senior Staff Analyst
HEALTHY
FRESNO Fresno County Department of Public Health
COUNTY Environmental Health Division
1221 Fulton Street,3rd Floor
Fresno,CA 93721
ai;yals@fresnocountyca.gov
Office: 559-600-4036
Cell: 559-388-4976
From: Ryals,Amy
Sent:Tuesday,June 4, 2024 10:03 AM
To: Mitchell, Brenda <bmitchell@fresnocountyca.gov>
Subject: Final Amendment I to Agreement with FHAS (Updated 5/31/24)
Good morning Brenda,
i
Please see the updated version of the agreement attached.
Thank you,
Amy Ryals Jones
I
Senior Staff Analyst
HEALTHY
FRESNO Fresno County Department of Public Health
COUNTY Environmental Health Division
1221 Fulton Street, 3rd Floor
Fresno, CA 93721
aryals(@fresnocountvca.gov
Office: 559-600-4036
Cell: 559-388-4976
Regards,
Brenda Mitchell
Fresno Humane Animal Services
www.fresnohumane.org
Fresno County Animal Services
1510 West Dan Ronquillo Drive
Fresno, CA 93706
2