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HomeMy WebLinkAboutCounty of Mendocino 2021-06-30 - Financing CostsAMENDED AND RESTATED AGREEMENT FOR SHARING FINANCING COST OF ANIMAL SHELTER CONSTRUCTION AND FOR SHARING COST OF ANIMAL SHELTER SERVICERS This Agreement is made and entered into this 301h day of June 2021 COU No . 2021 -193 Effective Date"), by and between the County of Mendocino ("County"), a political subdivision of the State of California and the City of Ukiah (''City"), a general law municipal corporation. RECITALS: 1. On October 24, 2000, the City and County entered an Agreement for the Purchase and Sale of Animal Shelter Real Property and Animal Shelter Services ("Purchase and Service Agreement") assigned Number 00-319 by the County. Under the Purchase and Service Agreement, the City sold to County about 33,000 square feet of real property Shelter Real Property") and a building used as the County animal shelter. The City agreed to share in the cost to finance and construct an improved animal shelter on the Shelter Real Property. The City agreed to pay its proportional share of those costs until the financing was repaid or the City stopped receiving animal shelter services at the County facility . Through the 2005-06 fiscal year, the County agreed to license City animals at no cost to the City and to perform animal shelter services for the City as payment for the purchase of the Shelter Real Property. Beginning in fiscal year 2006-07, the City and the County agreed that the County would continue to provide animal shelter services to the City for a percentage ofthe County's actual costs of such operations based on the number of City animals received at the shelter compared to the total number of animals received at the shelter. The formula for computing and allocating those costs was contained in an Exhibit B to the Purchase and Service Agreement. 2. On August 1, 2001, the City and County entered an Agreement for Cost Sharing of Facility Construction and Financing Costs for the County Animal Shelter Facility in Ukiah Cost Sharing Agreement"), assigned Number 01-196 by the County. Under the Cost Sharing Agreement, the City agreed to pay a proportional share of the cost to finance and construct a new animal shelter on the Shelter Real Property. Exhibit A to the Cost Sharing Agreement set forth the method for computing the City's share of those costs. In sections 4 and 5 of the Cost Sharing Agreement the City's share of the Construction and Financing Costs was based on the five year average number of City animals as a percentage of the total number of animals received at the shelter . 3. The City and the County want to continue sharing the Construction and Financing Costs as provided in the Cost Sharing Agreement but want to revise the method for determining the charges to the City for animal shelter services provided in the Purchase and Service Agreement. 4. The purpose of this Agreement is to amend and restate the Purchase and Services Agreement and the Cost Sharing Agreement in one agreement which shall supersede and replace those agreements. AGREEMENT: In consideration of and reliance upon the above-recitals and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the parties agree as follows. 1 . Definitions. As used in this agreement the terms in quotes below have the meaning as provided in this Section I. 1.1 "Animal shelter" means the reconstructed shelter on the Shelter Real Property. 1.2 "Animal shelter debt service" means the annual debt service for the cost of financing and the actual construction cost of the Animal shelter or that amount resulting from a refinancing of those costs, ifrefinanced to reduce interest costs of the financing. The initial Animal shelter debt service was computed using the steps set forth in the attached Exhibit A. 1.3 "Apportionment ratio" means a fraction in which the total Shelter services provided by the County each fiscal year to City animals served at the Animal shelter is the numerator and the total Shelter service provided to all animals served at the Animal shelter is the denominator. 1.4 "City animaf' means an animal licensed to a resident of Ukiah or an unlicensed domestic animal or wildlife not otherwise known to reside in the unincorporated area that was picked up within the Ukiah city limits and delivered to the shelter. 1.5 "Shelter services" means the following services for dogs and cats provided at the animal shelter: a. Food and Board b. Vaccinations for Parvo , Rabies, Bordetella, PVRCP c. Deworm and Heartworm medication d. Microchips e. Spay and neuter services f. Disposal, including wildlife delivered to the shelter 2. City Share of Construction and F inancing Costs. As long as the City receives Shelter services for City animals at the Animal shelter, it shall pay its proportionate share of construction and financing costs of the Animal shelter commencing in fiscal year 2001 -2002 and ending on the date annual debt service payments terminate because the financing has been fully repaid or the date the City tenninates its use of the Animal shelter for City animals , whichever is earliest. In the event of termination by the C ity , notice must be 2 provided in writing to the County at least 120 days prior to the end of the fiscal year and shall be effective only upon the first day of the succeeding fiscal year. 2.1 City's proportionate share of Animal shelter debt service each fiscal year shall be computed by multiplying the Animal shelter debt service by the Apportionment ratio for each fiscal year, averaged over the prior five fiscal years The current five year average (2015-16 to 2019-20) is included as page 2 in the attached Exhibit A with County animal statistics by jurisdiction as page 3. County shall adopt and follow a procedure for identifying as City or non-City animals and recording all animals received and provided Shelter services which records shall be made available to the City upon request for inspection, copying and audit. 2.2. If, at any time during the term of this Agreement, the Animal shelter debt service is refinanced to lower interest costs, County agrees to pass those savings along to City. 3. Animal Licensing. County shall license dogs belonging to City residents in the same way and for the same fees as dogs belonging to residents of the unincorporated portions of the County. The County shall compute the cost of Shelter services net of the dog license revenue the County receives which are credited by the County to Animal shelter costs shared by the City under this Agreement. After applying those revenues to the cost of the dog licensing program, County shall credit the remaining revenues from dog license fees to pay Animal shelter costs in proportion to the number of dogs received at the Animal shelter to the total number of dogs received at all County operated animal shelters. Each year on the anniversary of the Effective Date, the County shall report to the City in writing the total annual revenues received for dog licenses, the annual costs to operate the licensing program, the remaining revenues used to operate animal shelters, the total number of dogs received at all County animal shelters in the year ending on the anniversary of the Effective Date and the number of dogs received at the Animal shelter during that same time period. The County shall provide the City with any documents or calculations reasonably requested by City to detennine whether the County is complying with this Section 3 of this Agreement. 4. Conditions of Premises. The parties acknowledge that the County had sole possession of the shelter facility prior to its reconstruction under a lease from CITY for almost thirty years before it constructed and has maintained the Animal shelter. 4.1. Shelter real property sold "AS IS." When the County purchased the Shelter real property, the City made no representation or warranty concerning its condition and County agreed to accept the premises in its "AS IS" condition. County hereby acknowledges that it has not relied upon any representation, statement or warranty concerning the condition of the premises by City or any of its officers, agents or employees in deciding to purchase the Shelter real property. 4.2 County to indemnify City. County agrees to waive and release City from any and all liability, cost or obligation arising from any defect in or condition of the Shelter real property or the improvements constructed thereon, including, but not limited to, conditions involving the presence of hazardous or toxic substances thereon . In addition, 3 County agrees to fully indemnify and defend City from and against any such cost, obligation, claim or liability, including all costs incurred by City in defending against any such claim, liability, cost or obligation, such as, but not limited to, attorneys' fees, fees of experts and investigators , and litigation expenses. 5. City Share of Shelter Services Costs. 5. 1. The County shall submit to the City each fiscal year on or before July 31st, a report on the cost of providing Animal shelter services to City animals for the fiscal year then ended. The report ("Report") shall be in the format and contain the information set forth in the attached Exhibit B. At City's request the County shall provide City with the records and/or data used to determine the cost of each Animal shelter service , the Animal shelter services provided to each City animal and identity of each City animal which was used to compute the charges to the City for its share of Shelter services costs. 5.2. On or before August 31, 2021 the City shall make payment to the County in accordance with this Agreement for animal control services for the third and fourth quarters of fiscal year 2020-21. On or before August 31 51 , each fiscal year thereafter, unless disputed by City, the City shall pay County for the costs charged to the City for Animal shelter services as set forth in the Report. The formula used to compute the City's share of Animal shelter services costs may be revised from time to time, if approved in writing by both parties. 5 .3 County agrees to share with City any financial benefits it may derive from any future reimbursement under SB90 related to increased costs mandated by SB 1785. Such sharing of benefits shall be reflected in reduced charges for Animal shelter services as reported in Reports. 6. Force Majeure. The time for performing any condition under this Agreement shall be extended, and the obligations of City or County suspended, by the number ofdays during which the performance ofthat condition is prevented due to fire, flood, unusual weather events, strikes, labor disputes, shortages, utility curtailments, power failures, explosions, civil disturbances, the time required to satisfy government regulatory requirements beyond the minimum periods permitted by law, acts of God, shortages of equipment or supplies , unavailability of transportation, acts or omissions of third parties or any other reason beyond the reasonable control of City or County . 7. Integration. This Agreement (including all Exhibits attached hereto) constitutes the entire contract between the parties hereto and may not be modified except by an instrument in writing signed and authorized by the parties. 8. County Indemnification of City. County shall indemnify and hold harmless City, its agents, officers and employees against any and all claims, lawsuits, actions, liability, damages, expenses and costs (including attorney's fees), brought for injuries to any person or persons, or injuries to or destruction of property arising out the negligence of the County in the performance ofthis contract. Where County is found to have caused the injury, damage, 4 or loss only in part, County shall hold City harmless only to the extent the County caused the injury, damage, or loss. City agrees to timely notify County ofany such negligence claim and to cooperate with County to allow County to defend such a claim. 9. City Indemnification of County. City shall indemnify and hold harmless County, its agents, officers and employees against any and all claims, lawsuits, actions, liability, damages, expenses and costs (including attorney's fees), brought for injuries to any person or persons, or injuries to or destruction of property arising out of the negligence of the City in the performance ofthis contract. Where City is found to have caused the injury, damage, or loss only in part, City shall ho Id County harmless only to the extent City caused the injury, damage, or loss. County agrees to timely notify City of any such negligence claim and to cooperate with City to allow City to defend such a claim. 10. Insurance. Each party shall name the other as an additional insured under their respective public liability insurance policies. 11. Notice. Whenever notice, payment or other communication is required or permitted under this Agreement, it shall be deemed to have been given when personally delivered, telefaxed or emailed (if receipt acknowledged) or deposited into the United States mail with proper first-class postage affixed thereto and addressed as follows: ClTY: Clo City Manager's Office City of Ukiah Ukiah Civic Center 300 Seminary Avenue Ukiah, Ca. 95482 FAX: 463-6204 COUNTY Clerk of Board Office County of Mendocino County Administration Center 501 Low Gap Road Ukiah, Ca. 95482 FAX: 463-4245 11 . Counterparts: This Agreement may be executed in duplicate each with original signatures or in counterparts. A copy with counterpart original signatures or an executed copy with original signatures shall be admissible in any administrative or judicial proceeding as evidence of the terms ofthis Agreement. 12 . Partial Invalidity: If any term or provision ofthis Agreement shall be deemed to be invalid or unenforceable to any extent, the remainder of this Agreement will not be affected thereby, and each remaining term and provision ofthis Agreement will be valid and be enforced to the fullest extent permitted by law . 13. Waivers: No waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision contained herein. No extension oftime for performance ofany obligation or act will be deemed an extension of time for performance of any other obligation or act except those of the waiving party , which will be extended by a period of time equal to the period of the delay. 5 14. Successors and Assigns: This Agreement is binding upon and inures to the benefit of the permitted successors and assigns of the parties hereto. WHEREFORE , the parties have entered th is Agreement on the Effective Date . CITY OF UKIAH 1~ V Or(J-U(?- Jua n VOrozco (May 11 , 202 1 17 :48 PDT ) By: Juan Orozco, Mayor AITEST : . r;;tinh~w~r, 7;{::{ i t- 6 CO(ijN TY OF M~NDOCINO f· ".·,.-'.' ;) .. , .·· .. .-:·j · (·'I I .. · ;-// •. ~.I .. ' ... .(. i • ··· By: ,. .. ATTEST: ~ l J · An~\~Clerk of the Board APPROVED AS TO FORM: Christian Curtis, County Counsel Exhibit A Fiscal Year 2012 COPS 2000 COP Portion of 2012 COP@ 78.00%* Anl~al ~~lter PortJQn ·@ .:10~6§%•• Prine· I Interest Princi Interest Annual Total Princi I Interest "AonuafTQtal 2011-2012 1,305,000 58,153.90 1,017,900 45,360.04 1,063,260.04 108,508 4,835.38 . 113,3:43.52 2012-2013 975,000 897,185.00 760,500 699,804.30 1,460,304.30 81,069 74,599.14 ·155,668.44 2013-2014 985,000 877,685.00 768,300 684,594.30 1,452,894.30 81,901 72,977.75 154;878;53 2014-2015 1,020,000 848,135.00 795,600 661,545.30 1,457,145.30 84,811 70,520.73 15~,331.69 2015-2016 1,045,000 817,535.00 815,100 637,677.30 1,452, 777 .30 86,890 67,976.40 154,866!06 2016-2017 1,085,000 786,185.00 846,300 613,224.30 1,459,524.30 90,216 65,369.71 155,585.29 2017-2018 1,115,000 753,635.00 869,700 587,835.30 1,457,535.30 92,710 62,663.24 155,373.2 2018-2019 1,150,000 717,397.50 897,000 559,570.05 1,456,570.05 95,620 59,650.17 155,270.37 2019-2020 1,190,000 677,147.50 928,200 528,175.05 1,456,375.05 98,946 56,303.46 1SS,249.58j 2020-2021 1,230,000 635,497.50 959,400 495,688.05 1,455,088.05 102,272 52,840.35 .1 55,11239 2021-2022 1,280,000 589,372.50 998,400 459,710.55 1,458,110.55 106,429 49,005.14 155,434. 2022-2023 1,325,000 544,572.50 1,033,500 424,766.55 1,458,266.55 110,171 45,280.11 15~,451.21 2023-2024 2,155,000 494,885.oo 1,680,900 386,010.30 2,066,910. 179,184 41,148.70 220,332.64 2024-2025 . 1.500,000 408,685.00 1,170,000 318,774.30 1,48B,n4.3 124,722 33,981.34 . 158,703.~4· 2025-2026 1,560,000 348,685.00 1,216,800 271,974.30 1,488,n4.3 129,711 28,992.46 ~,703~34 2026-2027 1,620,000 286,285.00 1,263,600 223,302.30 1,486,902.3 134,700 23,804.03 1SS,5Q3.79 2027-2028 1,685,000 221,485.00 1,314,300 172,758.30 1,487,058. 140,104 18,416.03 158,520.41 2028-2029 1,755,000 152,400.00 1,368,900 118,872.00 1,4S7,n2. 145,925 12,671.76 15~,5.96. 2029-2030 1,830,000 78,690.00 1,427,400 61,378.20 1,488,na.2 152,161 6,542.92 158,703.1~ Total Outstanding COPS 25,810,000 10, 193,616.40 20,131,800 7,951,020.79 28,082,820. 79 2,146,050 847,578.82 . 2,993,628~70 0-78 0.78 0.1066 0.1066 2000 co~ oortion or2012 COP cost sharina aUocatioo: Total Principal Debt Service Amout for 2000 COP 19,482,973 78.00% Total Principal Debt Service Amout for 2001 COP 5,495,129 22.00% Total: 24,978,101 100.00% ADi!.Ilil! Shelter cost sharing allocation: Total Principal Debt Service Amount (excluding costs of issuance) 20,934,345 Total Construction costs of Aninal Shelter Facility 2,231,835 Percent 10.66% City of Ukiah 5 Vear Average for Animal Impounds FY ~if15i'J! 15-16 16-17 17-18 18-1 9 19-20 Total Avg Dog s 212 203 204 153 160 932 186.4 Cats 249 153 125 127 84 738 147.6 Disp Req 5 9 7 13 10 44 8.8 City of Ukiah 5 year Average-Percentage of Animal Impounds FY 15-16 16-17 17-18 18-19 19-20 Total Avg Ukiah 466 365 336 293 254 1714 .00 342.S Impounds Overall • . 2225 2269 2400 2003 16GS 10565 00 2113 .00 Impounds Percentage .. 21 19 14 15 lS :'~ Sol :s 16.SS% Kennel Stat1st1cs Report By Junsd1ction Intakes from 07101118 to 06/301 19 COU ... l'I rorn u1U\1,c I _. ----.. i I ~ ~ 1 '1 . c 0 , i .... j :s l5 I c ,_ I ~ I g 8 ' L o I . . I I l 0 _j __ , ___ ,-,0 0 ' 1 0-;;~lJA!;___L __ 4 43 l ~-~· -~ I 2 1 : ~ l o I o 01 ::.PREQ -· --. 0 I 1:.2 1 --·1· I ----'1 is ~ -o ! C AA< --• 0 o -' ,__ I o · r . Om• _j_____ »' " : l:_;i-1!11 cu s roov -I LAS i-'-::1 I OWNED - OWNF HSUR-"l 99 l -- RETURN I 0 ol 5$ 1- so I 1 I J E0;-1 ._ ! 101 t 1 l ___ ~-N~NA-r [ ___ ::~-11-,-- I - W>l.lff5 I ~ .~ i O •. ~ -ll ~ I ~ ;:5 ';s o c1 8 1 Ci <3 g l3 t I '< IL c c 0 I--~·1 o1 -0 --0 t -J ----;--0 ! --6 I 5 I o. o! a o; ol _ o j 4t __ s ·--~i---+--0 0o ' o I o , _o ___ o ~-;j o I 19 1 0_· _'? +---s- I ~-~ ~ _o _ o o _ ~ o -~1 _ ~ 1 _j o , -1l 11 Cj IO r :01 __ =·1' 31 4 :r0 0 0 0 11 2 0 0 1 1 ol o ~ o I o ; :i ' :-o IJ 0 0 0 0 0 I c ' a l l Je ~ 0 0 131 i I j CJ I _, 4 7 J i i I b ,_ e 3 Q 16 0 9 l J 0 55 1 9 ., __ _ i 5 I i 2! 95 J t Z~9 Exhib it B-She lter Service Costs "Report" Per Animal Cost Breakdown FY 2018·19 Costs Total Amount Total Amount N/S** Costs Total Amount Dogs Cats DAPP 13 FVRCP 13 Booster 13 Booster 13 Pup 3rd 13 Kitten 3rd 13 Pup 4th 13 Rabies 10 Rabies 10 Bordatella 13 Flea Prev 10 Fie Prev 10 Oewormer• 2.48 Deworm• 0.71 HTWM 20 Combo 25 Microchip 25 Microchip 25 Spay SM 90 Spay 60 Spay LG 100 Neuter SM 75 Neuter 40 Neuter LG 85 Food 15 Food 15 Board 15 Board 15 Adu lt Female 231.48 136.48 Adult Female 186.71 Adult Male 216.48 136.48 Adult Male 166.71 Puppy Female 257.48 Kitten Female 199.71 Puppy Ma te 247.48 Kitten Male 179.71 Totals 238.23 136.48 183.21 AVG AVG AVG Total Average Cost $187.36 Total Average Cost Disposal Cost Dogs cats Dlsp Req TOTAL 52.90 Intake Numbers for the City of Ukiah July 1, 2017 through June 30, 2018 254 $187.36 $47,589.44 201 $154.96 $31,146.96 15 $52.90 $793.50 470 $79,529.90 Median Price as wleght of animal determines amount of wormer N/S -No Surgery (Spay or Neuter) Total Amount N/S .. 126.71 126.71 126.71 AVG 154.96 Column Band column G are the fees associated with the cost for either the product or service rendered by Animal Care Services Column Cand column Hare the total amounts it would be to have a adult male dog I cat or an adult female dog I cat spayed or neutered Column C fine 41-ls the average cost for a male & female puppy and adult male & female dog to be altered, vaccinations, food & board Column D line 41 • is the average cost of column C line 41 and column D line 35/36 Column H line 41 • Is the average cost for a male & female kitten and adult male & female cat to be altered, vaccinations, food & board Column I line 41 -ls the average cost of column H line 41 and column 0 line 35/36 Column C line 45 is the cost for a dead animal disposal request Fiscal Year Times 5 year average City of Ukiah Debt Service Payment Principal Interest Principal Interest Annual Total Principal Interest Annual Total Principal Interest Annual Total 2011-2012 1,305,000 58,153.90 1,017,900 45,360.04 1,063,260.04 108,508 4,835.38 113,343.52 25.94%29,396.08 2012-2013 975,000 897,185.00 760,500 699,804.30 1,460,304.30 81,069 74,599.14 155,668.44 19.68%30,639.64 2013-2014 985,000 877,685.00 768,300 684,594.30 1,452,894.30 81,901 72,977.75 154,878.53 15.50%24,008.00 2014-2015 1,020,000 848,135.00 795,600 661,545.30 1,457,145.30 84,811 70,520.73 155,331.69 15.27%23,720.00 2015-2016 1,045,000 817,535.00 815,100 637,677.30 1,452,777.30 86,890 67,976.40 154,866.06 16.72%25,896.00 2016-2017 1,085,000 786,185.00 846,300 613,224.30 1,459,524.30 90,216 65,369.71 155,585.29 18.50%28,783.28 2017-2018 1,115,000 753,635.00 869,700 587,835.30 1,457,535.30 92,710 62,663.24 155,373.26 20.85%$32,395.33 2018-2019 1,150,000 717,397.50 897,000 559,570.05 1,456,570.05 95,620 59,650.17 155,270.37 19.00%29,501.37 2019-2020 1,190,000 677,147.50 928,200 528,175.05 1,456,375.05 98,946 56,303.46 155,249.58 16.85%26,159.55 2020-2021 1,230,000 635,497.50 959,400 495,688.05 1,455,088.05 102,272 52,840.35 155,112.39 15.10%23,421.97 2021-2022 1,280,000 589,372.50 998,400 459,710.55 1,458,110.55 106,429 49,005.14 155,434.58 15.83%24,605.29 2022-2023 1,325,000 544,572.50 1,033,500 424,766.55 1,458,266.55 110,171 45,280.11 155,451.21 16.35%25,416.27 2023-2024 2,155,000 494,885.00 1,049,100 690,952.17 1,740,052.17 1,345,000.00 885,836.11 2,230,836.11 111,834 73,655.50 185,489.56 17.70%32,831.65 2024-2025 1,500,000 408,685.00 1,099,800 374,205.00 1,474,005.00 1,410,000.00 479,750.00 1,889,750.00 117,239 39,890.25 157,128.93 0.00 2025-2026 1,560,000 348,685.00 1,154,400 319,215.00 1,473,615.00 1,480,000.00 409,250.00 1,889,250.00 123,059 34,028.32 157,087.36 0.00 2026-2027 1,620,000 286,285.00 1,212,900 261,495.00 1,474,395.00 1,555,000.00 335,250.00 1,890,250.00 129,295 27,875.37 157,170.51 0.00 2027-2028 1,685,000 221,485.00 1,275,300 200,850.00 1,476,150.00 1,635,000.00 257,500.00 1,892,500.00 135,947 21,410.61 157,357.59 0.00 2028-2029 1,755,000 152,400.00 1,337,700 137,085.00 1,474,785.00 1,715,000.00 175,750.00 1,890,750.00 142,599 14,613.26 157,212.08 0.00 2029-2030 1,830,000 78,690.00 1,404,000 70,200.00 1,474,200.00 1,800,000.00 90,000.00 1,890,000.00 149,666 7,483.32 157,149.72 0.00 Subtotal FY24-30 12,105,000 1,991,115 8,533,200 2,054,002 10,587,202 10,940,000 2,633,336 13,573,336 Total Outstanding COPS 25,810,000 10,193,616.40 19,223,100 8,451,953.26 27,675,053.26 2,049,182 900,978.22 2,950,160.68 0.744792716 0.829141781 0.1066 0.1066 * 2000 COP portion of 2012 COP cost sharing allocation: Total Principal Debt Service Amout for 2000 COP 19,482,973 78.00% Total Principal Debt Service Amout for 2001 COP 5,495,129 22.00% Total:24,978,101 100.00% ** Animal Shelter cost sharing allocation: Total Principal Debt Service Amount (excluding costs of issuance)20,934,345 Total Construction costs of Animal Shelter Facility 2,231,835 Percent:10.66% 2012 COPS 2000 COP Portion of 2012 COP @ 78.00% for 2011- 2023 2000 COP Portion of the 2022 COP @78% for 2024- 2030* Revised October 2022 per Sara Animal Shelter Portion @ 10.66%**