HomeMy WebLinkAbout7.1 East Cty Animal Shelter JPA CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 24, 1992
SUBJECT: Joint Powers Agreement for Financing Construction of
East County Animal Shelter
(Prepared by: Paul S. Rankin, Assistant City Manager)
EXHIBITS ATTACHED: Exhibit 1: Proposed Joint Powers Agreement
Exhibit 2: Resolution Approving Agreement
RECOMMENDATION'yt' ~ ; Adopt Resolution.
FINANCIAL STATEMENT: The City of Dublin estimated Annual Debt Service
beginning in Fiscal Year 1994-95 is projected to
be $71,412. This cost would be in addition to the
City's share of the Operating Expense. (Fiscal
Year 1992-93 Shelter Operating Costs are budgeted
at $34,605)
DESCRIPTION: At the City Council meeting on April 27, 1992, the City
Council approved in concept the participation in the joint financing of a
new Animal Shelter. At that time, the City Council also reviewed a draft
Joint Powers Agreement. The proposed facility will be constructed by
Alameda County on County property adjacent to their Corporation Yard on
Gleason Drive.
The original concept reviewed by the City Council provided an opportunity
for the City of San Ramon to participate in the project. Subsequent to
that time the City of San Ramon has elected to pursue services within
Contra Costa County. Therefore, representatives of the County of Alameda
and the cities of Dublin, Livermore, and Pleasanton have proceeded with the
development of a final agreement.
In addition to the deletion of San Ramon's participation, two additional
changes have been made to the agreement subsequent to the City Council
review last April. The draft agreement had provided that the County would
retain title to the land and that each agency would hold an equity interest
in the structure. The County had requested that the $255,000 value of the
land be shared equally among the participating agencies. Without San
Ramon's participation, each agency would contribute $63,750.
The cities expressed a concern that the agreement provided for a financial
contribution towards the land without receiving an ownership interest. The
County has agreed to eliminate the one-time lump sum contribution for the
land. Since this was to be paid in 1994-95, this has reduced the amount
originally estimated to be the City of Dublin share for Fiscal Year 1994-
95. Unfortunately, the elimination of San Ramon has increased each of the
participating agencies share of the Debt Service.
The annual Debt Service required to be paid by each agency will fluctuate
based upon the percentage of live animals handled from a particular
jurisdiction. For example, the current Dublin cost estimates are based
upon the fact that in 1991 our jurisdiction accounted for 16~ of the
animals housed at the Shelter. In order to allow each agency the
opportunity to include funding in the annual budget, Section 3 of the
Agreement was amended to require the County to provide information no later
than March 1st as to the share of debt service.
COPIES T0:
ITEM No. rI. ~ CITY CLERK
FILE D ~ ° ° y Q
The current financing summary and estimates are based upon an estimated
project cost of $4,750,000. The costs associated with financing the
project would result in a total estimated issue of $5,685,000 in tax exempt
instruments. The actual cost of the project will determine the total
shared cost. The Assistant City Manager has been designated to participate
in the design process to keep the cities informed and represent the
financial interest in designing a cost efficient project.
The need for adequate animal shelter facilities has been identified by
Alameda County as a deficiency for several years. The County has worked
cooperatively with the affected agencies for the past 5 years to develop a
long term solution. If the cities did not participate as equity partners,
the County has indicated that they would recover the development costs
through shelter operating costs. Both the cities of Livermore and
Pleasanton have approved the proposed agreement. The joint effort appears
to be the most cost effective means to address this need.
The current schedule anticipates obtaining all approvals by October 1st.
The County is concurrently seeking proposals for Architectural Services.
Provided that Plans and Specifications and the design process take one year
to complete, this would allow for construction to begin in the fall of
1993. The target date for operation of the new facility would be in the
summer of 1994. City Staff will also be involved in the Architect
selection process. Given that the project is located in the City of
Dublin, it is anticipated that the City will process the project with a
Site Development Review.
Staff recommends that the City Council adopt the resolution approving the
agreement and authorize the Mayor to execute the agreement.
a:824she1.agenda~l0
i~a
AGREEMENT AMONG
THE COUNTY OF ALAMEDA AND THE CITIES OF
DUBLIN, LIVERMORE AND PLEASANTON
FOR THE CONSTRUCTION COST OF ANIMAL SHELTER
THIS AGREEMENT is entered into by and among the County of Alameda (hereinafter
"COUNTY") and the cities of Dublin, Livermore and Pleasanton (hereinafter "CITIES)
and shall be effective as of
This Agreement is entered into in consideration of the following matters:
WHEREAS, the COUNTY has determined that the construction of a new animal shelter
on its Santa Rita property is necessary; and,
WHEREAS, the COUNTY has existing shelter operations contracts with the Cities of
Dublin, Livermore, and Pleasanton; and,
WHEREAS, the Cities of Dublin, Livermore and Pleasanton and the County of Alameda
have expressed a desire to enter into a joint powers agreement pursuant to Government
Code section 6500 and following to share in the cost of constructing a new animal shelter
(hereinafter "PROJECT"), and
WHEREAS, by entering into this agreement, the COUNTY and the CITIES do not intend
to create a joint powers authority; and,
WHEREAS, COUNTY AND CITIES desire to enter into this Agreement in order to set
forth the agreement of the participating entities regarding the cost-sharing of the
construction of the PROJECT; and
WHEREAS, the participating entities described above agree to contract with respect
thereto;
NOW THEREFORE, the participating entities agree as follows:
1. PURPOSE OF AGREEMENT
The COUNTY and the CITIES agree to enter into a joint powers agreement to
share in the cost of the construction of an animal shelter on the COUNTY's Santa
Rita property. Although the COUNTY will construct and hold title to the
PROJECT, the CITIES will acquire an equity interest in the structure and
improvements as provided for in this agreement.
~-2 N -q Z- ~~l
.1
s~~~~ f
~1 1
'..ze.r ~ r,.7 a
. Z~ ~
-2-
2. E UITY INTEREST
The COUNTY shall retain full title to the land. Each entity will acquire an
equity interest in the structure and improvements only, and that interest will be
proportionate to the entity's total contribution to the principal debt service
payment. An entity may withdraw from the agreement before full retirement of
the debt only if another participating entity or entities agree(s) to buy out the
withdrawing entity's share. Should an entity wish to withdraw after the full
retirement of the debt, there will be no buy out provision.
3. COST SHARING
The cost sharing ratios for the COUNTY and the CITIES will be based on the
percentage of live animals handled at the Santa Rita Animal Shelter for each
participating entity, as indicated in Attachment A, for the first 12 months of this
agreement. The COUNTY intends to issue municipal securities with which to
finance the cost of constructing the PROJECT, including all cost of issuance fees
and charges related to the PROJECT. The cost sharing allocation (debt service
amount) will be adjusted annually based on the percentage of live animals
handled for the previous calendar year. The cost sharing ratio will determine the
payment of debt service for the PROJECT on an annual. basis. Each entity's
annual share of debt service shall clearly identify the portion attributable to
interest and the share attributable to principal for the purpose of calculating
equity interest held by each entity. The COUNTY shall notify each CITY of its
percentage of live animals handled for the previous calendar year by March 1 of
the following year.
4. PAYMENT
The COUNTY shall bill the CITIES for their share of the debt service payment
semi-annually, 60 days prior to the date on which the total debt service payment
is to be made. CITIES shall pay COUNTY within 30 days of date of billing. This
provision shall not preclude CITIES from exercising the option of prepaying the
entire annual debt service in one lump sum for any given year within the first
quarter of the fiscal year.
5. CONSTRUCTION COSTS
Construction =osts include all costs and expenses incurred in connection with the
shelter construction, including without limitation, the following:
a. Payment due to contractors' and subcontractors' for work and services
performed including change-order work and payment in settlement or
satisfaction of claims and/or judgments.
3~~
-3-
b. Cost of on-site and off-site improvements.
c. Fees for building permits, licenses, and inspection;
d. Fees of the developer, engineers, surveyors, architects, attorneys, and
others providing professional services necessary to supervise or complete
the project, and to settle, defend and prosecute any claims or litigations
related to design, construction, or other project work.
e. County Public Works project management cost, including County oversite
and inspection.
f. Premiums for contractors' faithful performance and for mechanics' lien
bonds;
g. Recording costs and filing fees;
h. Such costs as reasonably may be incurred in connection with Construction,
including purchase of sewer capacity and water hookups.
i. Provisions for the contractors' insurance coverage for the handling and/or
removal of hazardous material (including asbestos) in connection with the
construction of the PROJECT.
6. SHELTER OPERATIONS CONTRACTS
A separate agreement for shelter services and operations similar to current
agreement shall remain in effect unless modified in writing by the entities.
7. SHELTER OPERATIONS ADVISORY COMMITTEE
A shelter operations advisory committee consisting of the County Administrator
(or designated representatives) and the City Managers of the CITIES (or their
designated representative) will be formed. The purpose of the committee will be
to review the ongoing operations and maintenance of the Animal Shelter once the
shelter is completed and to assure that the equity interest of each participating
entity does not deteriorate through inappropriate maintenance and operations.
. l b~~
-4-
8. MODIFICATION OF CONTRACT
This agreement fully expresses the agreement between the participating entities.
Any modification, amendment, or alteration of the terms and conditions of this
agreement must be by means of a written document approved by all participating
entities. No oral conversation between any officer or employee of the
participating entities shall modify any of the terms and conditions of this
agreement.
9. INDEMNIFICATION
It is understood and agreed that pursuant to Government Code Section 895.4,
each entity (the "indemnitor") shall, to the extent permitted by law, defend,
. indemnify and save harmless every other entity (the "indemnitee"), and its officers
and employees, from all claims, suits or actions of every name, kind and
description resulting from indemnitor's performance of the Agreement, excluding
any injuries, death, damage or liability resulting from the negligence or willful
misconduct of the indemnitee, or its officers or employees.
10. BOOKS AND RECORDS
COUNTY shall maintain complete books and records of their activities concerning
this Agreement during the Construction of the Animal Shelter and for ongoing
operation costs. Each participating entity, at its sole cost and expense, shall have
the right to inspect and/or audit of such books and records from time to time.
There shall be strict accountability of all funds and report of all receipts and
disbursements.
11. SEVERABILITY
If any term or provision of this agreement shall to any extent, be determined by
a court of competent jurisdiction to be invalid or unenforceable, the remainder of
this agreement shall not be affected thereby, and each term and provision of this
agreement shall be valid.
12. TERM OF AGREEMENT
The term of this agreement will coincide with that of the issue term of the
construction financing bond as negotiated by the County to finance the
construction of the PROJECT, except that the equity interest set forth in Section
2, shall survive the term of this agreement. The term may be extended with the
written agreement of the participating entities.
~0~" l
-5-
13. SUSPENSION AND TERMINATION
Neither the CITIES nor the COUNTY shall be able to terminate obligations
contained in this agreement prior to the retirement of the full debt, except as
provided for in Section 2 above. In accordance with the conditions set out in
Section 2, any participating entity may terminate its participation in this
agreement, with or without cause, by providing six (6) months notice, in writing
by January 1, to the other participating entities. For purposes of determining the
withdrawing entity's payment obligations and equity interest, withdrawal shall
be effective six (6) months from the date written notice is provided to the other
participating entities. Payment of the withdrawing entit}~s equity interest will be
made by the participating entity buying out the withdrawing entity in the first
quarter of the following Fiscal year.
y
-6-
14. The participating entities may execute this agreement in counterpart.
IN WITNESS WHEREOF, the Board of Supervisors of the COUNTY OF
ALAMEDA has caused this agreement to be subscribed on its behalf by the
COUNTY and the CITIES have subscribed the same through its authorized officer,
the day, month, and year first above written. The persons signing on behalf of
the CITIES warrants under penalty of perjury that he or she is authorized to bind
for the respective CITIES.
CITIES
Kenneth Mercer, Mayor Cathie Brown, Mayor
City of Pleasanton City of Livermore
Peter Snyder, Mayor
City of Dublin
COUNTY OF ALAMEDA
APPROVED AS TO FORM
Mary King, President Kelvin H. Booty
Alameda County, Board of Supervisors County Counsel
n~~~.m,
?9-J~~ I -92
POPL~LATION PR^•iE":NS ~QA TrE ~:VER!4DREiAMADGK V.a.LLE'' ,
C yAR?I4ELLI
YEAR ,
1990 1995 2000 t"i105 2C1ii? ,
:°rLI" _i ~yq _5,9+;n t4 1^Q 4^> ;:,n °Q'
LI'~ERrOAE 55,848 61,500 67,500 7?,250 89,000 ;
PLEASANT~N 49!74? b+?,204 65,900 74.,100 ?9,800 :
U9INCCRPOnATSD-v!~UNTY 5,300 5,60.0 7,300 7,9~?0 3~7i,p ,
TOTAL 134,119 153,104 174,700 208,854 240,500
ANIMAL POPULATION PROJECTIONS BY JURISDICTION
YEAR ,
JURISDICTION 199t ACTUAL 1995 2000 2005 2010
DUBLIN 561 611 881 1,290 1,651
LIVERMORE 1,779 1,599 1,155. 2,009 2,314
PLEASANTON 1,088 1,577 1,711 1,927 2,075 ;
UNINCORPORATED-COUNTY 110 146 190 205 213 ;
TOTAL 3,544 3,993 4,541 5,430 6,253
DISTRIBUTION PROJECTION BY TYPE OF ANIMAL ,
D06S 1,428 1,737 1,976 2,362 2,720
CATS - 1,996 2,132 2,426 2,900 3,339 :
C~T~ERS 120 124 141 lb8 194 ;
i TOTAL 3,544 3,993 4,542 5,430 6,253
ASSUMPTIONS:
1) THAT THE 1992 ABA6 PRELIMINARY POPULATION PROJECTIONS USED FOR PLEASANTON AND THE UNINCORPORATED ARc9 AnE arC'
AND THAT THE POPULATION PROJECTIONS PROVIDED 8Y THE CITIES OF DUBLIN AND LIVERMORE ARE ACCURATE
2) THAT LIVE ANIMAL HANDLING AT THE SHELTER MILL REMAIN CONSTANT AT AN AVERAGE OF 2.bX DF THE HUMAN POPULATIDN
NOTE: 1991 ACTUALS BY JURSDICTION ARE: DUBLIN-2.4X; PLEASAMTON-2.iX; LIVERMORE-3.1X; UNINCCRPORATED-2.11X'
3) THAT THE DISTRIBUTION CF DOGS/CATS/OTHERS MILL REMAIN RELATIVELY CONSTANT AT 43.5x, 53.4X AND 3.1X :_S~=:TIvE
THE5E FI6'31?E5 REPRESENT A 4 YEAR AVERAGE DISTRI9UTIDN
A;ANiPuP.iiOl
• CAST CDUNT'! ANiMAI SHNz _ri CDN5TRUCTION PRDJECT 'SANTA RiTA PRGPERTY; :,NANCIN6 SUMMARY
csziaated Constriction Cost; f4,75n,^n~ -
Estiaated issue Si:e: f`.685,!,.'•±:
Estiaat?d 'ate of inter?s`. =,,.~9X; 4i'== 5.544;,
EStiadt2"u _it Sharing", Ratias; Based on 'he of ~1Ve anlaai5 fr0a each Part;~ipdting JJri5d1Ct10r:
;~zclud~ng San Raaan} The cost sharer:g ratio Mill b? adjus+ed annually based on prier year actual usage.
t 1991 _:Ti"p?E~ ET1MATFD I ~=?i!!ATED ~NN++A' 'f ^r:,,+,r;
~ ~_bT t
I u!"'a .~ST _1ySTRI~~Ti~~N~ I CV 94/95 !r'1RST yEa.R.j I
i ~'ii'"~_S S!-+:4.;46 ''"v. F 1c.SUANCEt :4TE4E?T PRINCi"rG~ ?nTAL ~'F:1Ni_'i' :
~~,_.NTY i H~NCLED !BASED DN 1991 ACT, ',f5,b85,^,po} ; !f3bb,?551 (fA0 Q00} if446,35s} t
------------t-----------------------------------------------------1 -------J---------~---------------------t
DuB;.iN t 567 1b.00X f909,53b t f58,b13 f12,799 (71,412 t
t t ~
?-EaSANT'-'N t 1 '8S ~-X fl a ~
:n.7 ,74:~,~62 t s112,47p f24:5b4 f1:?,~:-?? I
t t :
1VER'!DRE t 1,179 50.20X 62,853,729 t (183,901 640,158 f224,t"7 t
f i
t
COUNTY t 110 3.lOX (176,453 t (11,371 f2,483 i13,B54 t
'_________~________________t
uTA? t 3,`44 1G9.,,C, f5,b55,000 t s,;bb,355 f80,0!?0 faa ,~~,s, t
f f t
ASSUMPTIONS:
1} All four entities Mill use the facility and share in the payaent of the annual debt service in accordance Mith the
Mith the teas ar,d conditions outlined in the draft agreeient.
2; Construction Mill be coapleted by 111194,
3) The first debt service pay~ents by entities Mill begin 12/1/94.
4; The project Mill be financed over 30 years with final pay~ent in 2022.
~a~ ~
RESOLUTION NO. - 92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH THE
COUNTY OF ALAMEDA AND THE CITIES OF
DUBLIN, LIVERMORE, AND PLEASANTON
FOR THE CONSTRUCTION OF AN ANIMAL SHELTER
WHEREAS, the City of Dublin currently utilizes the Alameda County
Animal Shelter; and
WHEREAS, the current Animal Shelter is inadequate to serve the long
term needs of the agencies utilizing this facility; and
WHEREAS, Alameda County has undertaken a project to construct a new
Animal Shelter to service the cities of Dublin, Livermore, Pleasanton, and
unincorporated Alameda County; and
WHEREAS, through a Joint Powers Agreement, the agencies have
developed a means to jointly finance the construction of the new facility;
and
WHEREAS, the City of Dublin would retain an equity interest in the
new facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve the Joint Powers Agreement for the construction
of a new Animal Shelter.
BE IT FURTHER RESOLVED that said agreement shall only become
effective upon execution by all of the participating agencies.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute
the agreement on behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 24th day of August, 1992.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
a: resoshel.agenda#10
~ ~