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HomeMy WebLinkAboutReso 069-92 AlaCo AnimalControl RESOLUTION NO. 69 - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH THE ALAMEDA COUNTY SHERIFF'S DEPARTMENT FOR ANIMAL CONTROL SERVICES WHEREAS, the Alameda County Sheriff's Department has provided Animal Control Services to the City of Dublin since incorporation in 1982; and WHEREAS, in the past the County and the City have entered into an agreement which specifies the terms under which Animal Control Services are to be provided; and WHEREAS, the current agreement will expire as of June 30, 1992; and WHEREAS, the City of Dublin desires to receive Animal Control Services and Alameda County Sheriff's Department is capable of providing such service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the securing of Animal Control Field Services in accordance with the Agreement attached hereto and by reference made a part hereof. BE IT FURTHER RESOLVED that the Mayor is authorized to execute said agreement on behalf of the City. PASSED, APPROVED AND ADOPTED this 9th day of June, 1992, by the following vote: AYES: Councilmembers Burton, Howard, Jeffery, Moffatt, and Mayor Snyder NOES: None ABSENT: None i/~it~Cler~ a:Resoanml.doc.agenda#9 AGREEMENT FOR ANIMAL CONTROL FIELD SERVICES BETWEEN COUNTY OF ALAMEDA AND CITY OF DUBLIN THIS AGREEMENT, made and entered into this day of , by and between .the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY", and the CITY OF DUBLIN, hereinafter referred to as "CITY". RECITALS: (a) The CITY is desirous of contracting with the COUNTY for the performance of animal control field services by the COUNTY of Alameda. (b) The COUNTY is agreeable to rendering such services on the terms and conditions hereinafter set forth. Cc) Code. Such contracts are authorized by Section 51300 et seq. of the Government THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS; SERVICES TO BE PROVIDED a. The COUNTY agrees to provide animal control field services within the corporate limits of the CITY to the extent and in the manner hereinafter set forth. As used herein, "animal control field services" means and includes: enforcement of laws and regulations related to animals; investigation of animal related complaints; transportation of stray animals to the animal shelter designated by the CITY; collection and transportation of animals to the shelter when deemed necessary to protect the health, safety, and welfare of the community or as required by laws and regulations; patrol activities; investigation of dog bites; collection of dead animals and provision of dog licensing services; and other related duties. Shelter Services are addressed by a separate Shelter Agreement. Such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Field Services Department of the COUNTY. The rendition of such services, the standard of performance and other matters incidental to the performance of such services, and the control of personnel so employed shall remain within the control of the COUNTY unless otherwise described in this agreement. In event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder or the level and manner of performance of such service, the COUNTY'S determination thereof shall be final and conclusive as between the parties hereto. Such service shall include the enforcement of State statutes and such municipal animal control ordinance as the CITY may adopt that is substantially the same as the COUNTY's Ordinance. b. To facilitate the performance of said functions, it is hereby agreed that the COUNTY shall have full cooperation and assistance from the .CITY, its officers, agents, and employees, who shall be and remain CITY employees for the purpose of this agreement. c. For the purposes of performing said functions, COUNTY shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the level of service to be rendered hereunder. In all instances where special supplies, stationary, notices, forms and the like must be issued in the name of the CITY, the same shall be supplied by the CITY at its expense. d. The CITY will conduct its own vicious animal hearings, following the preparation of necessary reports by COUNTY. e. The CITY or COUNTY may terminate those animal licensing services which relate to animal licensing, provided by the COUNTY to the CITY at any time during the term of the contract upon providing the other party with ninety (90) days advance written notice, unless a shorter time frame is agreed to in writing by the parties. Such notice shall be delivered by certified mail. Upon termination COUNTY shall provide CITY with all pertinent records. II. LIABILITY a. All persons employed by the COUNTY in the performance of the services and functions for CITY pursuant to this agreement shall be and shall remain COUNTY employees. No person employed hereunder shall have any CITY pension, civil service, or other status or right. b. CITY shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compensation to any COUNTY personnel performing services hereunder for CITY, or any liability other than that expressly provided for in this agreement. CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment. c. The CITY shall assume liability and shall pay cost of defense and hold the COUNTY harmless from loss, costs or expenses to the extent caused by the negligent or wrongful act or omission of CITY officers, agents, and employees occurring in the performance of this agreement. In addition, when liability arises pursuant to Section 830, et seq., of the Government Code, by reason of a dangerous condition of public property of the CITY, the CITY shall assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents, and employees arising in the performance of this agreement. d. The COUNTY will assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses to the extent caused by negligent or wrongful act or omission by COUNTY officers, agents, and employees occurring in the performance of this agreement. In addition, when liability arises pursuant to Section 830, et seq., of the Government Code, by reason of a dangerous condition of the public property of the COUNTY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents, and employees arising in the performance of this agreement. III. INSURANCE That insurance agreement between CITY and COUNTY entitled '3Addendum to Service Agreements Between County of Alameda and City of Dublin and Insurance AGreement," which is in effect during the term of this agreement shall apply hereto and is fully incorporated herein by reference.. -2- IV. COST AND BILLING PROCEDURES a. CITY shall pay COUNTY the actual cost to the COUNTY in performing services hereunder. "Actual Cost" shall be the County's direct and indirect costs of providing Animal Control Field Services specified in Paragraph I above. Actual costs shall be prorated according to patrol hours expended in Dublin compared to all other areas serviced by COUNTY. "Actual Costs" shall not include general overhead costs as defined in and determined by the Board of Supervisors pursuant to Government Code Section 51350. The following is provided for illustrative purposes only: Total Annual Field Services Dept Patrol Hours: 5,000 hours. # of Hours Expended on Patrol Time in CITY Of Dublin: 650 hours. % of Total Patrol Hours Expended in Dublin = #2 above divided by #1 above: 13.0% Total Annual COUNTY Cost of Field Services: $400,000 (Including Indirect Costs). Annual Cost Attributable to Provision of Field Services to CITY of Dublin (#3 above multiplied by #4): $52,000. b On or before March 1st of each year, COUNTY shall provide CITY with projections for service cost during upcoming fiscal year. c. COUNTY shall provide CITY with monthly proportionate number of patrol hours provided to CITY. reports identifying the d. CITY may request that COUNTY modify service level for future months if significant deviation is experienced from COUNTY projection. e. The COUNTY shall bill CITY for services quarterly. The CITY shall pay COUNTY within thirty (30) days from the date of billing. If such payment is not received by COUNTY at the office which is described on said billing within thirty (30) days after the date of delivery of said billing, COUNTY is entitled to recover interest thereon. Said interest shall be at the rate of one (1) percent per calendar month or any portion thereof calculated from the date of delivery of said billing. f. COUNTY agrees that all dog license fees which it collects for dog licenses issued by COUNTY to residents of CITY shall be remitted to the CITY quarterly. COUNTY shall process remittance to CITY within 45 days of the close of the quarter. g. Notwithstanding anything to the contrary herein contained, this agreement shall be sooner terminated at any time that CITY fails to enact and to maintain in full force and effect, an animal control ordinance substantially the same as the provisions of the COUNTY'S Animal Control Ordinance. CITY shall also take legislative action to enact and maintain fees related to animal control, which are substantially similar to animal control fees established by COUNTY. h. The COUNTY agrees to keep separate records for CITY. be open for examination by CITY during all business hours. Such records shall V. COMPLIANCE WITH APPLICABLE LAWS In performing the services. to be provided pursuant to this agreement, COUNTY shall comply with all applicable State and Federal Laws and regulations, including but not limited to Laws and regulations relating to discrimination and laws requiring Injury and Illness Prevention Programs. -3- VI. TERM This agreement shall commence on July 1, 1992, and shall continue from year to year thereafter unless terminated. Either party may terminate this agreement on June 30 of any year by written notice on or before April 1 of said year. VII. MODIFICATION This agreement may be modified in writing by mutual agreement of the parties hereto at any time. For CITY OF DUBLIN: ATTEST: By: APPROVED AS TO FORM: City Attorney For COUNTY OF ALAMEDA ATTEST: By: President, Board of Supervisors County of Alameda APPROVED AS TO FORM: By: Deputy County Counsel I hereby certify under penalty of perjury that the President of the Board of Supervisors has duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on ; and that a copy has been delivered to the President as provided by Government Code Section 25103. Dated: /lss a:528an12.doc.psr#11 WILLIAM MEHRWEIN Clerk, Board of Supervisors County of Alameda State of California By: -4-