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HomeMy WebLinkAboutStaff Report 5.B 07/02/2012 AgencL wItevw#5.3 2ssse DATE:. July 2, 2012 TO: Honorable Mayor and Members of the City Council FROM: John C. Brown,City Manager SUBJECT: Resolutions Approving Agreement with Petaluma Animal Services Foundation. RECOMMENDATION It is recommended that the City Council adopt: I) A Resolution Authorizing the City Manager to Execute.an Agreement for Animal Services with the Petaluma Aninial Services Foundation, and all related,documents; and 2) A Resolution Authorizing the Layoffs and Abolishment of the Following Positions in the Animal Services Division: One Animal Services Manager; One Senior Animal Control Officer; Two Animal Control Officers; One Animal Shelter Supervisor; Two Animal Shelter' • Assistants; and One Animal Care Technician Effective July 31, 2012, Due to Lack of Funds BACKGROUND At its April 23, 2012 budget workshop the City Council'.discussed:a proposal to contract with the Petaluma Animal Services Foundation(the Foundation), as an-alternative to laying off an Animal Control Officer due to lack of funds. On May 21, 2012 the Council further considered the proposal and indicated a preference to contract with PASF, to avoid the curtailment of services associated with a fifty percent reduction in Animal Control Officer staffing. The Council was also interested in the potential, offered by the Foundation to expand the. Animal Services availableeto the Public in ways the City may not be able. The staff report to the.Council for the May 21, 2012 meeting is attached, and provides;further background information. The 2012/13 budget, adopted:by the Council on June 4, 2012, reflects savings associated with laying off one Animal Control Officer position. Transferring responsibility to the Foundation to provide Animal Services, if completed by August 1, 2012, provides approximately the same savings. DISCUSSION Transferring responsibility for program operations and management to the Foundation was recommended based on the benefits attendant to the:proposal, and on the premise that the City's untested relationship with the group can be strengthened by a thorough agreement and with careful contract management. Council was advised that if.it, accepted the recommendation to Agenda Revie} City Attorney' J � Finance Director City Manager 1 contract with the Foundation for these services, staff would work with the Foundation to develop a contract,that can be used as+a,tool to strengthen the likelihood of a successful transition. Staff has spent the past weeks developing an ,agreement with the Foundation. The draft agreement contains both the City's standard contract provisions;applicable to all contractors, and provisions directed to the Foundation and its.proposal. Although the agreement was not in final form to provide with this report, as there are still details upon which agreement must be reached, including a finalized scope of work, the agreement will be ready for Council consideration on Monday July 2, 2012. The following provides a summary of the contract provisions; which are expected to meet the mutual needs of both parties. The agreement transfers responsibility for die Animal. Services program to the Foundation, effective August 1, 2012. The scope of work will incorporate both current operations and the enhancements proposed by the Foundation. The initial term of the agreement is for three years, and can be renewed for an additional three-year period based upon satisfactory review of the previous years' operations by-the City. The City would be obligated to a maximum payment of $478,200 per year, based on actual expenses invoiced by the.Foundation; the Foundation's books and records related to the agreement will be subject to examination by the City, or by the State Auditor at the request of the City. The Foundation will establish non-discriminatory guidelines for hiring only qualified individuals, and will make:a;good faith effort to hire those individuals formerly employed by the City in the Animal Services Division. Employees will be compensated pursuant to the schedule included in the Foundation's proposal, but t may be.compensated at a higher level in the future. Portions of the 'scope of work may be:subcontracted, such as veterinary services, with the City's prior approval. All Foundation employees and those of subcontractors will be subject to background checks to assure;they possess the legal right to work and have no criminal histories that should prevent them' from serving the public. The Foundation and any subcontractors are subject to the City's Living Wage Ordinance. When charging for services the Foundation will use the current fee schedule approved by the Council, and.may adjust fees annually to,reflect changes in the CPI. The City will retain $92,000 each year of the revenues that have heretofore been collected for Animal Services activities. All other fees and charges will be retained by the Foundation.. Monies held in the City' Animal Services donations.account will be transferred to the Foundation. All City facilities and equipment currently used to provide Animal Services will be transferred under the agreement to the Foundation for its use, is required to be maintained in good working order, and will revert to the City's use if the agreement:is terminated. Ownership of these items, included in an inventory and attached as an Exhibit to the agreement remains with the City. The Foundation will maintain insurance to protect it from all occurrences, and provide all required coverages pursuant to statute for its employees. Itwill also fully indemnify and defend the City from any claims arising from its performance, or that of any subcontractors, under the agreement. The Foundation and any subcontractors will obtain and maintain all required licenses and permits, including those ofaprofe"ssional nature and a City business license. As previously indicated the Foundation will be required'to•maintain its records and make them available for inspections and audit..'The Foundation will also be responsible for providing periodic status,,and annual comprehensive, reports to the City so that the Council can determine the effectiveness and quality of Foundations program and fund-raising activities. Finally, (although the foregoing summary is not exhaustive list of all contract provisions), the Foundation may take.on animal care and enforcement responsibilities and duties from entities that may wish to 'do business it, so long as services to the City of Petaluma ate not compromised. If the Foundation does so, books and records relating to those separate agreements will be segregated from Petalurna's and will not be subject to our inspection. As indicted in the report provided to Council for May 21, 2012, the City Council will maintain some authority over Animal Services policy, through contract management. The agreement also retains the Animal Services Committee as a means of providing advice to the Board of Directors and as an interface with the public. If the City Council approves staffs -recommendation and authorizes the agreement with the Foundation, existing positions will need to be eliminated and existing'employees laid off. As indicated in the prior staff'report, this,is subject to impact bargaining pursuant to the meet and confer process. Animal Seryices employees are currently represented by the Petaluma Professional and Mid-Managers Association (PPMMA) and AFSCME. The PPMMA has indicated it is satisfied that its concerns regarding-the:-Foundation_proposal have been addressed, and that it does not need to meet and-confer on the present action. Staff,met with AFSCME representatives on June 25, 2012, is preparing a response to questions raised at that time, and anticipates another meeting before any Council action, is implemented. In addition to the resolution authorizing an agreement with the Foundation, also attached is a resolution authorizing the elimination and lay-off of Animal Services positions, effective July 31, 2012. Potentially affected employees received their "Levine" notices on June 28, 2012, and will, receive formal notices of lay off not later than July. 12 2012, if the Council approves the recommended actions: FINANCIAL IMPACTS The attached`^agreement obligates the City to.a maximurn ennual payment of$478,220. The City will retain $92,000 in fees and charges collected for Animal Services;' the Foundation will receive all other fees and charges. As indicated in the attached,report dated May 17, 2012, when adjusted for the net loss of revenues, and charges to the Animal Services budget from other departments which Will have to be absorbed in the General Fund if the-Foundation assumes the program, total savings associated with the proposal are estimated at less than $1,000 per year — with an.August 1, 2012 start date. As has also,been previously indicated, the real strengthrofthis proposal is not in the savings it provides the General Fund, but rather that it maintains existing service and staffing levels and offers- opportunities for improved services that are currently outside the City's•financial ability to-provide. • ATTACHMENTS 1. Resolution to Execute Professional.ServicesiAgreen ent 2. Resolution Authorizing;Layoffs,and Abolishment of Positions 3. May 17, 2012 Report`.from City Manager Animal Shelter Proposal ATTACHMENT I Resolution No. 2012-XX-N.C.S. of the City of Petaluma,: California RESOLUTION APPROVING AND AUTHORIZINGTHE'CIT,Y MANAGER TO EXECUTE.A PROFESSIONAL SERVICES AGREE MENT`WITH THE PETALUMA ANIMAL SERVICES.FOUNDATION,,AND ALL:RELATED.DOCUMEN TS, TO PROVIDE ANIMAL CONTROL AND SHELTER SERVICES WHEREAS due to,budget constraints, the City'Council,has found it necessary to reduce the cost of the Animal;ServicesProgram; and WHEREAS, alternativesforproviding-;reductions have been examined, including staffing reductions andcoritracting.those activities in their entirely to an outside entity; and WHEREAS, staff received a proposal for providing the full range of Animal Services from the,Petaluma Animal Services Foundation (PASF), and sought proposals from other entities with the capability of providing simiiar�services; and WHEREAS,,PASF's proposal was the only one received;:and WHEREAS, P.ASF's proposal provides the only currently viablesalternative for preserving the existing level of Animal Services provided to the community,or for expanding and enhancing those services in the future; and WHEREAS, the City Council-finds that entering-into an agreement with PASF to provide Animal:Services is in-the best interests of the residents of the City of Petaluma. NOW, THEREFORE, BE IT RESOLVED that,the::Petaluma City Council hereby approves:and.authorizes the City Manager to execute on behalf of the City of Petalumaa Professional Services-Agreement with the Petaluma Animal Services Foundation, and all related documents,.ih a-fonn;that is°substantially;the same as the summary provided in the staffreport dated July 2,2012,•tobe effective August 1,2012. 5 ATTACHMENT 2 Resolution No. 2012-XXN.C.S. of the City of Pefalurna;. California RESOLUTION AUTHORIZING"THELAY,OFFS AND,ABOLISHMENT OF THE FOLLOWING'POSITIONS IN THE.ANIMAL SERVICES:DIVISION : ONE ANIMAL SERVICES MANAGER;!;ONE"SENIORANIMAL-CONTROL OFFICER, TWO ANIMAL CONTROL OFFICERS; ONE ANIMAL SHELTER.SUPERVISOR; TWO ANIMAL SHELTER ASSISTANTS;,AND ONE ANIMAL CARETECHNICIAN EFFECTIVE JULY 31, 2012,;DUE'TO LACK OF"FUNDS WHEREAS, Spending in the General Fund s:been reduced oy approximately one third (1/3) since FY 2007/08 due to ëbonomic downturn and"attendant revenue shortfalls;-and WHEREAS, It:became'necessaryto,further reduce General fund spending in FY 2012/13 as revenues have continued;to fail to keep pace with.expenditures;,and WHEREAS, General Fund;reductions in the.past decreased funding for positions;in the:Animal Services division,;and reductions proposed for FY 2012/13 included the elimination of an Animal Control Officer position;;and WHEREAS,'these reductions have,lor have the potential to,',negatively`impact Animal Services programs provided to the public;land WHEREAS, the Petaluma AnimallServices Foundation (PASF)iproposedto manage and operate the Animal Services programs; existing service and staffing level and can further enhance services to the;public,at,a-time when the City.cannotaffdid'to do so;and WHEREAS, the City,Council has;approved an agreement transferring:all responsibility for managing and operating Animal Services programs to the PASF, said transfer including,all associated staff turrently-enrployed by the City whohwilltnow be employed by PASF,.: NOW, THEREFORE-; BE IIRESOLVED by the City Council of the City of Petaluma. does hereby-authonze the and abolishment of the following positions in the Animal Services Division effective Jul T3l, 2012'due to the`lackof'funds: 1. One (1) Animal Services Manager; one;(I) Senior Animal Control Officer; Two (2) Animal Control Officers; One'(1)Animal Shelter'Supervisor; Two (2) Animal Shelter Assistants; and One (1) Animal.Care:Technician: 2. Said reorganization'consistingof l aayoffsand:position,abolishment shall occur in accordance with applicable:memoranda;of understanding, compensation plans, and personnel rules. • ATTACHMENT 3 May 17, 2012 TO: Mayor and Each Council Member FROM: City Manager SUBJECT: Animal Services Proposal Included in recommendations to balance the 2012 budget is a proposal to eliminate one Animal Control Officer (ACO). General fund savings from thauproposal'_are estimated at $90,000 in FY 2012/13, including a $4,000 reduction in Overtime. Savings grow in subsequent years, from salary savings and by avoiding projected increases in health and retirement benefits that are part of total compensation.This-recommendation'isp'art of the Police department's proposal to save $635,000; the department's revised share of a five percent reduction of General Fund expenses. Laying off one ACO would reduce response to low priority calls such as noise and stray animal complaints.Responsibility for higher priority calls, such as bite investigations, and dangerous animals at large would be shared between the remaining Animal Control Officer and the Patrol division. This proposal was submitted pursuant to direction to preserve core department activities, if possible, and proposechanges to programs and activities ancillary to accomplishing a department's mission. This is the same direction followed by departments in previous years' budget reduction efforts. Since 2007/08 a total of 126 full time equivalents (FTE) have been vacated or eliminated in Animal Services. This represents a33.5 percent staffing decrease, and includes a full time Shelter Assistant and Senior ACO. It also includes a 1.26 ETE reduction in part-time funding. The Animal Services program has always relied on`volunteers to augment paid staff. Many services, primarily those associated with the shelter and animal care, are now conducted by volunteers. As well, the program relies heavily on donations. Total revenues, all sources, in 2010/11 (the most recent year full year's accounting) were nearly $220,000. Of that, over $94,000 (41%) was from donationsl.The remainder conies from a variety of fees and charges, with the majority of the remainder provided by licensing revenues. Without volunteer support and supplemental funding, it is doubtful whether Animal Services could continue to operate. Last year, the Petaluma Animal Services Foundation (the Foundation)_proposed to assume Animal Services functions., The timing of the proposal and effort necessary to.evaluate it did not synchronize with developing;the 2011/12 budget,rand the proposal was tabled'. In addition to timing, concerns existed with the reduced salaryand benefit structure in the proposal, the lack.of a competitive process if a contract was going to be let,.andthe.Foundation's lack of a record of accomplishment operating a"full service Animal Services program. This year, following the release of the Police department's'reduction proposal, the Foundation again proposed to provide the full range of Animal`Services. A proposal was submitted in March 2012, and was revised and re-submitted earlier'this month. In that time Police department staff sought to clarify the Foundation proposal, sought competitive proposals, and evaluated providing services to another agency. Contracting proposals were solicited from agencies in Sonoma and Marin•Counties, but none were submitted. Cost estimates were also developed to determine if Petaluma.could;provide services'to another city, to generate additional program revenue. That estimate didn't show sufficient savings for the change to be cost effective, and went nowhere. It appears the CityCouncil.has three choices at the present: implement the department reduction proposal, maintain Animal Services at 2011/12 staffing and service levels and seek an additional $90,000 in savings from another General funded program, or accept the Foundation proposal. Staff recommends that Council'approve the Foundation option, effective August 1, 2012 or sooner, if'transition can be accomplished in less time. The Foundation proposes to assume operation and management of the Animal Services program, including all current activities. The proposal guarantees the shelter will be operated as an adoption facility, with reduced euthanization. The Foundationproposes to provide these services under contract, for annual compensation ofS478,000. Under.the"proposal a portion of existing revenues, $92,000, would remain with the City: These are licensing fees, and a portion of adoption, retention, surrender, and boarding fees: The Foundation indicates its proposal will result in savings to the City of$170,000 from 2011/121evels, although staff analysis estimates far less when adjustments for revenue reductions, offsets for lay-off savings, and elimination of City charges to the Animal services budget are taken into account. The Foundation proposal accompanies this memorandum. Program: The Foundation proposes to continue all current activities. These include: • Animal Control Services • Animal Licensing • Shelter Services • Adoption Services The Foundation proposes to expand upon.these services in several ways, including: • coordinated and enhanced volunteer activities • extended hours of operations • increased coordinatioq'with rescue groups • doubling the number of monthly low cost spay/neuter clinics offered • enhanced foster care, enabling animals to,leave the shelter on weekends • establishing a training center to rehabilitate animals with behavioral issues, to increase the chances for their adoption • website and software enhancements, and use of social media • increased offsite adoption events • expanded educational services • post adoption support to adoptive families • increased focus on trap, neuter and release for feral cats These enhancements:are intended to increase adoptions, improve the well-being of animals housed at the shelter, reduce the number of animals,that,'are euthanized each year, increase public access to the Shelter, leverage resources, and improve customer service. In conducting these activities, the Foundation commits to satisfying all legal:reguirements for the care and handling of animals, and to utilize best=practices,for sanitation and cleaning protocols. Neither this summary of current city services nor the listing of enhancements proposed by the Foundation included in this memorandum is exhaustive. More extensive discussion of current services and those proposed by the Foundation can be found in the proposal. Staffing. City staffing currently is as follows: Position Authorized Filled Vacant Animal Services Manager 1 1 0 Senior.Animal Control'Officer 1 0 1 Animal Control Officer 2 2 0 Shelter Supervisor 1 1 0 Shelter Asst 2 1 1 Animal Care Technician 1 1 0 Total 8 6 2 The.City also employs one-part-time.Kennel Technician, bringing the total FTE's to 6.47. As proposed, Foundation staffing would be: Position Number of Positions Executive Director 1 Animal Control Officer 2 Animal Care Supervisor 1- Vounteer Coordinator 1 Registered Veterinary Technician 1 Part time Kennel Technician-(.3FTE) 1 Total 63 The Foundation developed job descriptions for each of.these;positions, and its staffing plan offers at-will employment opportunities to all existing Animal'Services staff. The Foundation proposes to retain both.ACOs,-whereas the department reduction proposal eliminates one of those positions. Maintaining both positions, and associated levels of service, is a benefit of this proposal. Salaries and Benefits: Concerns were expressed with the 2011 Foundation proposal over proposed salary and benefit levels. There is still significant difference between the compensation the Foundation proposes to offer and that paid by,the City. Base salary levels, however are more in line with the City compensation structure than a'year ago. The following tables summarize current City compensation and that,proposed by the Foundation. City of Petaluma Position Salary Benefits Total Animal Services'Manager $ 80,350 $ 32,526 $ 112;876 Animal Control Officer 58,885 26,342 85,227 Animal Control Officer 67,965 11,285 79,250 Shelter Supervisor 52,874. 24,180 77,054 Shelter Asst 44,554 5,776 60,330 Animal Care Technician 39,978 27,135 67,113 PT Kennel Technician 16,532 945 20,477 Petaluma Animal Services Foundation Position Salary Benefits Total Executive Director $ 75,000 $ 3;624 $ 78,624 Animal Control Officer .52,000 6,096 58,096 Animal Control Officer 52,000 14,100 66,100 Animal Care Supervisor. 45,760 16,176 61,936 Volunteer Coordinator 42,600- 3,624 46,224 Registered Veterinary Technician 39,520 9,276 48,796 Part time Kennel Technician (.5FTE) 15;600 none 15,600 Pursuanfto"the proposal, Foundation employees would forego the PERS retirement plan. Further, they could access only the Kaiser health'plan and would not have the additional choice between two PERS health plan options that are also available to City employees. With the Foundation, employees would receive eight (8)paid holidays rather than the thirteen (13) provided by the City, and would start with a limit of 96'hours of personal time off each year In contrast, annual leave available to employees starting with the City includes 96 hours of sick leave, 80 hours Of vacation, and'for;management employees exempt from FLSA, 80 hours of administrative leave. Foundation employees, as do City employees, would also receive uniform. allowances, overtime pay, life insurance,and long-term disability. Management, Governance,.and Support. Currently, day-to-day Animal,Services operations are managed by the Animal Services Manager. Management oversight and policy and procedural guidance are provided by the Police department, which also provides primary employee relations services. Broader guidance, direction,.support,and financial management are provided:by'City Manageinent,Risk Management, Human Resources, Legal Services, and the Finance Department. Policy advice is provided by the Animal Service Committee, and Policy direction is set by the City Council. The proposal identifies Jeff Charter, currently the,City's Animal Service Manager, as Executive Director. Mr. Charter is currently the Animal Services Manager; and has also,served as Animal Control'Officer and Senior Animal Control Officer. Under his leadership, Animal Services has `Q been able to secure additional grants, generate increased contributions through fund-raising, increase adoptions, and decrease.euthanization. He would be responsible for day-to-day program management, including,personnehnianagement4ip blic relations; and special events. The proposal also provides for a Volunteer Coordinator, to,recruit, organize, manage, and utilize volunteers, primarily for shelter-related activities. The Petaluma Animal Services Foundation holds corporate non-profit status in the State of California. As such it is governed by a Board of Directors, and contributions made to the Foundation are tax-deductible. The proposal identifies:a minimum of six (6) board members and a maximum of fifteen (15). Once of these would be Mr. Charter, for the first year of operation. Seven additional board members are currently identified, virtually all of whom have backgrounds that include experience in animal rescue, training, advocacy and adoptions. The currently identified Board members also have significant experience in business administration, staffing, public relations, information technology, and Law: All of this experience will be available and necessary to support Animal Services operations. All support relationships with the City would be severed; the Foundation would be responsible for maintaining its own insurance coverage, providing its own payroll, accounting, legal,human resources, and information services. All of these would be governed by decisions of the Board of Directors. These services would all be provided, initially,at least and with the exception of any provided by Mr. Charter, on a voluntary basis by the individuals performing them. The City Council would stilhmaintain some authority over policy, through the contract management function. Further,the proposal anticipates retaining the Animal Services Committee as a means of providing advice to the Board of Directors and;as an interface with the public. The Council would continue to appoint and, potentially, provide policy guidance through the Animal Services Committee. Facilities and Equipment. The proposal contemplates transferring City facilities, vehicles, equipment, and furnishings to the Foundation. Exceptions would be computer servers, software, and laptop units. The Foundation intends to provide its own server and replace existing software with programs it believes will result in greater efficiencies,:increased revenue collections, better outreach, and improved,customer'service. Staff would propose ownership of City assets remain with the City, and that permission to-•use these would be contractual. The Foundation should also be required to maintain these in good:repair, and return them,in like condition should a contract be terminated. Revenue. The Foundation proposes to retain a portion of therevenues currently collected by the City, and intends to augment and expand funding with donations.and grants The proposal would allow the City to retain$92,000 per year. This represents a portion of licensing, adoption, retention, surrender, and boarding fees:and reflects a three-year average. The Foundation anticipates increasing these fees with the'use of new software and increased attention to fee collections. Expenditures. The following table provides a summary of actual, estimated, and recommended City expenditures for Fiscal years 2010/11, 2011/12 and 2012/13, and the support requested from the Foundation if it assumes Animal Control. That amount would remain constant for all subsequent years of any contractiwithTe-Foundation. "'FY 20f2/13 Recommended"reflects the reduction of one ACO position.ftbmthe:201.1/11staffinglevel. The line item detail for the "FY 2011/12 Budgeted" and "Foundation Request"columns are found on Page 3 of the proposal. FY2010/11 FY2011/12 FY 2012/13 Foundation Actual Budgeted Reco. Request Salaries and Benefits $ 515,999 $ 533,620 $'-438,125 $ 401,970 Services and Supplies .196249 1.14;600 116,750 76,250 Total Expenditures $ 712,248 $ 648,220 $ 554,875 $.478,220 Savings. The Foundation estimates'savings to the Citytotaling $170,000; That estimate is based, however on amounts budgeted by the City-in 2011/1 2. That savings estimate decreases to $80,000 when one compares the.Foundation Request to the Recommended Budget for 2012/13. Further, it does not address the loss,of revenues associated with its proposal to leave the City with $92,000 per year Animal Services-related revenues included in the recommended budget for 2012/13 total $1.31,460. The difference between that estimate.and$92,000, which is $39,460 must also be deducted from the overall savings estimate. Finally,the Foundation estimate does not account for City charges to theAnimal Services budget from other departments which will have to be absorbed by the City if the Foundation assumes the program. These can be found in the table on Page 3 of the proposal, and:are Information Services (-$22,800) Risk Management (- $7,450) and Intergovernmental Charge'for General Services,(-$2,000). Together these three items reduce savings.by;another $32,250. Adjusted to account for all these;factors, total savings associated with the proposal is $8;290, If the transition from the City to the Foundation were to occur, but not until August 1, 2012 the most likely;scenario—this savings is all but eliminated. Discussion was had during,the Council's:April 23, 2012 budget wbrkshopiegarding the benefit of accepting the Foundation proposal,;and applying,estimated savings-in excess of those generated from laying off one ACO to either Police Dispatching or Patrol functions. It's clear from the foregoing analysis the proposal does not generate savingssufficientto significantly augment either of these two functions. For that matter, themeritsrof this proposal cannot be determined on the basis of savings, as they-are so minor. The strength of this proposal is in the;opportunity it provides.to'maintain Animal Services operations at 2011/12.levels, which it appears the'City cannot. Further,.itretains both Animal Control positions-and the services they provide, as well as offering einployment'to the entire animal Services staff Of greater importance, however, is the-opportunity the proposal provides to enhance Animal Services in ways that the City will most likely not be able for the foreseeable future. Of particular benefit is the revenue raising potential associated with the Foundation model: enhanced ability to compete for grants, and enhanced.ability to obtain donations. Both of these opportunities are outside the City s abilities to achieve, due to staffing resources, limitations placed on available grants,iand public perceptions regarding the use of contributions and donations. In the universe of grant opportunities, many are those for which only non-profit organizations are eligible. Under the Foundation model, additional grants can be obtained to enhance Animal Services operations. In addition, while the program has been effective in fund raising, in recent years, some donors are reluctant to support municipal activities out of concern for where their contributions may be spent. A Foundation has access to a broader donor base, as the monies they collect are guaranteed to the specific purpose: Weighed against these benefits is'the.lack,of a record of achievement on the part of the Foundation in managing a full service Animal.Services program. The Foundation will be an unknown,quantity until tested, but can be supported through careful contract development and diligent contract management. If the Council accepts the recommendation to contract with the Foundation for theseservices,staff will work with the Foundation to develop a contract that call be relied,upon as a.tool to strengthen the likelihood of a successful transition. Given the circumstances, the duration of such,anagreement should be relatively short, two to three years, and subject to a full program evaluation before it is renewed or extended. Further, transition to the Foundation model, should the Council chose to go in that direction, will be subject to the meet and confer process. Ultimately, should the Council approve a contract, existing positions wouldbesabolished, most likely July 31, 2012,,following all procedural and labor requirements. Staff and Foundation representatives will be available at your May 21, 2012 budget meetings to answer any questions you may have. • 1b