REPORT TO COUNCIL
SUBJECT
Title
Authorize the Issuance of a One (1) Year Purchase Agreement with Santa Clara County, in the Amount of $416,902 for Animal Shelter Service
Report
REPORT IN BRIEF
Approval is requested to authorize the issuance of a one-year purchase agreement between the County of Santa Clara and the City of Sunnyvale in the amount of $416,902 for animal sheltering services for domestic animals found within Sunnyvale (Attachment one to the report).
EXISTING POLICY
Pursuant to Section 2.08.040 of the Sunnyvale Municipal Code (SMC), City Council approval is required for contracts for the procurement of goods and services exceeding $250,000 in any one transaction.
Pursuant to 2.08.070 (3) of the Sunnyvale Municipal Code (SMC) Competitive Bidding Requirement exemptions - situations where solicitations of bids or proposals would for any reason be impractical, unavailing or impossible.
Further, Section 2.08.190 of the Sunnyvale Municipal Code authorizes the Purchasing Officer or a Department Head, or a designee of such individual, may make or authorize others to make emergency procurements, regardless of the cost, if there is an urgent necessity to do so for the preservation of life, health or property. Such emergency procurements shall be made with such competition as is practical under the circumstances and shall be limited to those goods and services necessary to satisfy the emergency need. In such circumstances, the Purchasing Officer or Department Head shall provide a written report of the procurement to the City Manager, including a description of the emergency and the basis for selection of the particular contractor; and a copy of this report shall be included in the procurement records maintained by the Purchasing Officer. In the event that such emergency action is necessary, and the procurement cost is greater than two hundred fifty thousand dollars in any one transaction, the City Manager shall make a full and complete report to the City Council at its next regularly scheduled meeting.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
BACKGROUND AND DISCUSSION
The City of Sunnyvale Department of Public Safety (DPS) has maintained a long-standing partnership with Humane Society Silicon Valley (HSSV) for the provision of animal services under a 20-year agreement. On December 16, 2024, a fire at the HSSV facility caused substantial damage which significantly impacted their ability to operate and fulfill their obligations under the 20-year agreement. Initially, HSSV believed it would be able to continue offering services at a reduced capacity with an estimated repair timeline of approximately six months. As repairs were underway, a subsequent assessment revealed that the extent of the damage was more severe than originally anticipated, resulting in an updated reconstruction timeline of two years.
On January 28, 2025, HSSV formally notified DPS that they would be unable to continue providing all services effective February 1, 2025. An emergency procurement was necessary to prevent a gap in animal services, which is crucial to public safety service. DPS staff engaged other providers in the region to identify alternatives, including the Santa Clara County Animal Shelter, Silicon Valley Animal Control Authority, Pets in Need, San Jose Animal Care Center, and Tri-City Animal Shelter.
The City received proposals from the Santa Clara County Animal Shelter (SCCAS) and Pets In Need. SCCAS was selected because its proposal offered the most comprehensive and similar service levels at a lower cost. The County of Santa Clara can fulfill all of the needs previously fulfilled by HSSV, however, cannot accommodate the City's obligations to impound healthy, stray cats as required by SMC Section 6.05.010. Staff will also recommend to adopt a resolution to suspend enforcement of Sunnyvale Municipal Code Section 6.05.010 in a separate report to Council.
Services with the SCCAS began on February 1, 2025. The new one-year contract with SCCAS totals $416,902, which is approximately $61,000 lower than the HSSV’s most recent annual cost under the 20-year agreement.
During the term of the one-year agreement with the County, Staff will continue to monitor the performance measures and explore other long-term solutions.
FISCAL IMPACT
Budgeted funding for animal control services is available under Program 12700 - Public Safety Administrative Services.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Take the following actions:
- Approve the issuance of a one (1) year Purchase Agreement in the amount of $416,902 with Santa Clara County;
- Authorize the City Manager to execute the Purchase Agreement when all necessary conditions have been met; and
- Authorize the City Manager to amend the contract and increase the compensation up to the budgeted amounts if pricing remains favorable to the City.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
_X_ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. SCC Animal Sheltering Agreement