HomeMy WebLinkAbout8.4 AnimalContractReview CITY CLERK
File # 600-40 & 500-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 6, 2001
SUBJECT:
Animal Control Contract Services Review
Report Prepared by Amy Cunningham, Administrative Analysu~
ATTACHMENTS:
1 .) Resolution Approving Proposed Memorandum of Understanding
for Animal Shelter Services
2.) Agreement for Animal Control Field Services
RECOMMENDATION: ~ 1 .) Receive Report
2.) Adopt Resolution Approving Agreement
FINANCIAL STATEMENT: The total operating cost for both Animal Control Field Services and
Animal Control Shelter Services in Fiscal Year 2000-2001 is projected to be $138,160. See report for
details.
DESCRIPTION: A contract review of Animal Shelter Services was included as part
of the City Council Goals and Objectives for the Year 2000. At the June 25; 1997, City Council meeting,
staff was directed to conduct the Field Services contract review during the period the Police Services
contract review is conducted. A periodic review of services obtained by the City through contract
agreements ensures that service levels are appropriate.
The City obtains Shelter Services and Animal Control Field Services through contracts with the Alameda
County Sheriff s Office. The Shelter Services are provided through a Cooperative Agreement that
includes the Cities of Livermore and Pleasanton and County of Alameda as participants. Through a
separate Joint Powers Agreement the City participates in the debt service costs associated with the East
County Animal Shelter, opened in 1996. As such, the City retains an ownership interest in the facility.
The City contracts separately with Alameda County Sheriff s Office for the provision of Field Services.
June of 1997 was the last time a comprehensive Animal Control Contract Review was presented to the
City Council. This report provides a description of the services received; workload statistics; current
financial cost data for the operation of Animal Control Services; and proposed modifications to the East
County Animal Shelter Services Memorandum of Understanding.
FIELD SERVICES
The basic patrol function includes: investigation of complaints; investigation of dog bites and attacks;
patrol services; pick up of stray and dead animals; issuance of citations; preparation of reports; and the
sale of dog licenses. The current Agreement with Alameda County became effective on July 1, 1992.
H/cc-forms/agdastmt. doc
COPIES TO:
ITEM NO.
The Agreement is structured with an automatic renewal provision unless notice is provided by April 1 st, of
the parties' intent to terminate the agreement on the subsequent June 30th of any year.
STAFFING
The County has a civilian Animal Control Supervisor who handles much of the day-to-day supervision of
this operation. As a unit of the Alameda County Sheriffs Office the supervisor reports to a Sergeant.
The Sergeant has other responsibilities in addition to management of Animal Control Services.
Animal Control Officers, civilian personnel assigned to the Sheriffs Technician classification, perform
the actual field patrol services. The City of Dublin is currently the only municipality contracting for these
services. The area serviced by the Animal Control Officers includes unincorporated areas in and around
Castro Valley, and unincorporated areas in the eastem portion of the County including Sunol, and land
adjacent to Livermore and Dublin.
The contract with Alameda County Sheriff's Office provides the City with access to trained personnel.
The field service function requires adequate resources to respond to emergency call outs as well as
providing relief coverage for vacations and sick leave. Therefore, the most efficient means of providing
this type of service in a community the size of Dublin is on a regional basis. The current arrangement
with Alameda County is capable of responding to these needs.
VICIOUS DOG HEARINGS
The Animal Control Officers also participate in the Vicious Dog Hearing process, identified in the City
Municipal Code. City Staff serve as the hearing officer and maintain records related to hearings
conducted. The purpose of the process is to enact safeguards when them is a potentially dangerous dog
involved in a bite or attack incident.
The Animal Control Officer completes an investigation of the incident and produces a written report. The
Animal Control Supervisor and Animal Control Officer provide a recommendation as to whether or not a
Vicious Dog Hearing is recommended. In the event a dog is determined to be vicious at the conclusion of
the hearing, measures can be imposed to abate the problem as a nuisance. The measures may include
requirements for the dog to be leashed under the control of a competent adult when outside the fenced
yard; other confinement measures; and when warranted, euthanization of the dog. The hearing allows an
opportunity for the victim to address concerns and helps to limit the possibility of a repeat incident
occurring. The City Manager or his designee (Administrative Analyst) conducts the hearings and makes
the determination based upon the specific circumstances of each incident. Staff assists with the
preparation of notices, minutes, and other records.
The following is a historical breakdown of the number of hearings conducted:
Actual Actual Estimated
1997-1998 1998-1999 1999-2000
10 6 8
FIELD SERVICES PATROL HOURS
Under the current Agreement the Sheriff s Office tracks the number of hours that Field Services personnel
are working on assignments for the City of Dublin. This factor is then used to allocate the City' s share of
the cost for service. For example, if the Field Service unit has 5,000 hours available county-wide and 500
hours are recorded in the City of Dublin, Dublin's cost is 10% of the actual Field Services expenditure.
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The amount of time provided by Field Services has fluctuated over the years depending on the availability
of Animal Control staff and turnover. When resources are limited the Sheriff's Office focuses on
response to calls for service and less time is available for proactive patrols. The following table identifies
the historical number of field senrice hours provided to the City of Dublin, as well as the percentage this
represents of the total Field Services operation.
HISTORICAL COMPARISON OF FIELD SERVICE HOURS, COST AND PERCENTAGE
DUBLIN REPRESENTED OF TOTAL FIELD SERVICE OPERATIONS
Hours
Cost
%
Actual · Actual Estimated
1997-1998 1998-1999 1999-2000
4,459 4,424 4,952
$28,033 $27,296 $33,985
6.04% 5.18% 5.41%
It is important to note that although the service level has fluctuated in terms of number of hours, Staff
does not receive a significant number of calls from residents suggesting that service levels are inadequate.
The contract arrangement has allowed the City to pay only for those services that were actually received.
The cost comparison shown above is taken from City financial records. Fiscal Year 1999-2000 costs are
estimated due to a delay in billing for the fourth quarter.
FIELD SERVICES WORKLOAD INDICATORS
Throughout the year Staff receives monthly reports from Animal Control identifying the activities
performed. The following table provides a comparison of this information for key activities:
Bites
Complaints/Calls for
Service
Citations
Injured Animals
Dead Animals - Public
1997 1998 1999 2000
25 33 17 19
91 53 24 28
91 31 27 34
6 4 1 0
204 135 96 96
As noted above, between 1997 and 1999 there was a decrease in the number of complaints/calls for
service category, with a slight increase in calls for 2000. As the City experiences population growth it is
anticipated that the requests for service will begin to increase more rapidly.
LICENSING
Animal Control also provides dog-licensing services for the City of Dublin. The purpose of the dog
license is to assure compliance with the requirement of inoculating dogs against rabies, and to assist with
the return of the animal in the event it is lost. All revenue collected from Dublin residents by Alameda
County from license sales is forwarded to the City. The following table displays the historical dog license
revenue:
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CITY OF DUBLIN HISTORICAL DOG LICENSE REVENUE
Revenue
Actual .Actual Actual
1997-1998 1998-1999 1999-2000
$4,599 $4,423 $2,845
Revenue for Fiscal Year 1999-2000 is less than the previous two years as revenue for only three-quarters
was received during that period. It is anticipated that Fiscal Year 2000-2001 will reflect five-quarters of
revenue. In the past the City has attempted to increase license sales with public information campaigns.
However, typically the most effective means is a door-to-door campaign and Animal Control Officers do
not have available time to conduct this type of activity. Licenses can be purchased by mail and at the East
County Animal Shelter, which is open seven days a week. 'This information is also included on the City's
website.
EAST COUNTY ANIMAL SHELTER
In January of 1996, the City Council approved the Agreement describing the shared responsibility for the
ownership and operation of the East County Animal Shelter. The City of Dublin participates along with
the cities of Livermore and Pleasanton and Alameda County. In accordance with the Agreement, the cost
of shelter operations is shared based on the number of live animals impounded in the previous calendar
year. Therefore, the Fiscal Year 2000-2001 cost sharing is based on the number of live animals
impounded in 1999. This figure will be adjusted each year. The following table displays the City of
Dublin's impound statistics on a calendar year basis by animal type.
CITY OF DUBLIN IMPOUND STATISTICS
1997.
Impounded - Dogs 253
Impounded - Cats 318
Impounded - Other/Wildlife 44
1998 1999 2000
131 152 182
170 231 187
23 7 22
The increase in animals impounded from the City of Dublin has escalated at a fast pace. Staff believes
that :this has been partially due to the increase in patrol service hours. As patrol service hours increase
there is a greater likelihood of strays being impounded°
FISCAL YEAR 2000-2001 SHELTER OPERATING COSTS
It is expected that with the increase in Field Service hours and. population growth, the City will continue
to represent a larger share of the use at the Animal Shelter. In Fiscal Year 1999-2000, an audit of the
methods used to calculate the live animal count was completed. The audit was initiated when
discrepancies in the live animal count in calendar year 1998 were 'discovered. The audit found that the
animal recording process has been improved to prevent billing errors from occurring in the future. The
shelter operating cost sharing for the 2000-2001 Fiscal Year, is based on the calendar year 1999 live
animal count, and will be distributed as follows:
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County of Alameda
City of Dublin
City of Livermore
City of Pleasanton
Live Animals Handled Cost Sharine %
674 21.48%
390 12.43%
1,421 45.28%
653 20.81%
The cost of the Shelter operation is also offset by revenues collected for redeemed and adopted animals.
In Fiscal Year 2000-2001 the estimated net cost of the shelter is expected to be approximately $737,197,
with Dublin' s 12.43% share to be $91,634o The cost increases are due primarily to increasing labor costs,
additional personnel assigned to shelter operations and increased service and supply costs. As previously
noted the City only pays its share of the actual costs.
The following table displays Dublin's historical share of East County Animal Shelter Services operating
costs:
Cost
Actual Actual ActUal
1997-1998 1998-1999 1999-2000
$97,396 $51,071 $46,000
The discrepancies in the live. animal count for calendar year 1998 resulted in a credit due to the City of
Dublin during Fiscal Year 1998-1999.
A Shelter Advisory Committee, with a Staff member from each agency, meets with Sheriff s Office
personnel at least quarterly to discuss operational and budgetary issues. The Advisory Committee offers
the City a voice in issues affecting the City's investment in the Shelter building and addressing the
appropriate levels of service.
AGREEMENT FOR OPERATION AND MAINTENANCE OF THE EAST COUNTY ANIMAL
SHELTER
Prior to the Shelter opening in 1995, the Owners (Pleasanton, Livemore, Dublin and Alameda County)
circulated a request for proposal to identify an operator for the shelter. After reviewing options, the
owners determined that the best service option was to contract with the Alameda County Sheriff's Office,
which provided operation and maintenance to the old animal shelter. As a result, the owners entered into
a Memorandum of Understanding with the Sheriff s Office for this service, While this agreement expired
in January 1999, and was extended until June 2000, the Sheriff's Office has continued to provide service
at the shelter on a month-to-month basis based on the terms and conditions of the Memorandum of
Understanding.
For the past year, the owners have met to review the terms and conditions of the Memorandum of
Understanding and the revised document is being recommended for approval. As a summary, the revised
Memorandum of Understanding contains the following provisions and significant changes from the
existing Memorandum of Understanding:
The Sheriffs Office will continue to operate and maintain the shelter for a period of three years
commencing January 1, 2001. Further, the Memorandum of Understanding may be extended for an
additional two years with the approval of all involved parties.
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Shelter activities and operations will continue to be monitored by the Shelter Advisory Committee.
Currently, the Committee meets on a quarterly basis with the Sheriff's Office at the East County
Animal Shelter.
The Sheriffs Office will be responsible for submitting an annual operating budget, which is subject to
review and approval by the cities and Alameda County. The operating budget covers all aspects of
shelter operations and maintenance.
Cost for shelter operations and debt service for the shelter (the latter of which is covered under a
separate agreement) will be shared by all of the owners based on a formula related to the number of
live animals handled at the shelter during any calendar year. (See above for the calendar year 1999
cost sharing formula.)
Services provided include: providing live animals at the shelter with food and water and/or veterinary
care; euthanizing animals not otherwise adopted, redeemed, sold or donated to adoption organizations;
spay/neutering of dogs and cats; disposing of dead animals; providing all building maintenance
services including utility services; and supplying all necessary labor including training, supervision,
and equipment necessary to operate the shelter.
The current agreement has been negotiated by the Alameda County Sheriffs Office and representatives
on the Shelter Advisory Committee and at this time it is being recommended for approval to the Cities of
Livermore, Pleasanton, and Dublin. Following approval of the Memorandum of Understanding, the
agreement will be presented .to the Alameda County Board of Supervisors for their approval.
RECOMMENDATION
Staff recommends that the City Council receive the report and adopt the Resolution approving the
Memorandum of Understanding for Animal Shelter Services.
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RESOLUTION'NO. **-01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE MEMORANDUM OF UNDERSTANDING
FOR ANIMAL SHELTER SERVICES
/v
WHEREAS, the City of Dublin currently obtains Animal Shelter Services from the Alameda
County Sheriffs Office pursuant to an Agreement dated January 9, 1996; and
WHEREAS, in January of 1999, the current agreement for Animal Shelter Services was extended
to June 30, 2000, by the City Council; and
WHEREAS, since June 30, 2000, the Alameda County Sheriffs Office has provided shelter
services on a month to month basis based upon the based on the terms and conditions of the existing
Memorandum of Understanding; and
WHEREAS, the shelter owners (the Cities of Livermore, Pleasanton and Dublin and Alameda
County) have negotiated an agreement with Alameda County Sheriff s Office to continue providing
shelter services.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the agreement by and between the Cities of Livermore, Pleasanton, and Dublin and the County of
Alameda for provision of animal shelter services by the Alameda County Sheriff s Office; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Memorandum
of Understanding for Animal Shelter Services (Exhibit A) on behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 6th day of March, 2001.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
K2/G/3-6-01/reso-animalshltr.doc (Item ???)
ATTACHMENT1
MEMORANDUM OF UNDERSTANDING
ANIMAL SHELTER SERVICES
This Memorandum of Understanding (M.O.U.), is made and entered into this day of
, 2000 by and among the Alameda County Sheriffs Office, hereinafter referred to as
"OPERATOR", and the cities of Dublin, Livermore and Pleasanton and the County, hereinafter
referred to collectively and individually as PARTICIPATING ENTITIES.
References to East County Animal Shelter, hereinafter referred to as "SHELTER," shall
mean the facility located at 4595 Gleason Avenue, Dublin, California.
References to OPERATOR shall mean the Alameda County Sheriffs Office as SHELTER
service provider.
References to CITIES shall mean the cities of Dublin, Livermore and Pleasanton. The
CITIES' responsibilities may be delegated to a third party under contract with the corresponding
CITY.
References to COMMITTEE shall mean the Shelter Operation Advisory Committee created
in the Agreement among the County of Alameda and the Cities of Dublin, Livermore and
Pleasanton.
RECITALS:
a. The pARTICIPATING ENTITIES are desirous of contracting with OPERATOR for the
performance of animal shelter services.
b. The OPERATOR is agreeable to rendering such services on the terms and conditions hereinafter
set forth.
c. Such contracts are authorized by Section 51300 et seq. of the Government Code.
d. The City of Dublin contracts for Animal Control Field Services and Animal Licensing with
Alameda County under a separate agreement.
THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
SERVICES TO BE PROVIDED
OPERATOR agrees to provide animal shelter services to PARTICIPATING ENTITIES for animals
impounded pursuant to City ordinance, County codes and State law. Such services shall include,
but not be limited to, receiving live animals at SHELTER; providing live animals at SHELTER with
food, water, farrier and/or veterinary care, euthanizing animals not otherwise adopted, redeemed,
sold or donated to adoption organizations, spay/neutering of dogs and cats, and disposing of dead
animals. OPERATOR shall furnish and supply all necessary labor, training, supervision, equipment
and supplies necessary to maintain the level of services to be rendered hereunder except as otherwise
1 EXHIBIT A
required of PARTICIPATING ENTITIES in
individual to function as SHELTER supervisor.
this M.O.U.. OPERATOR shall designate
the
II. METHODOLOGY FOR DETERMINING COST ALLOCATIONS.
1. PARTICIPATING ENTITIES .shall share in the cost of personnel, maintenance
services and the supplies required to operate the shelter in accordance with this M.O.U.
Payment shall be based on PARTICIPATING ENTITIES' percentage share of the total
number of live animals handled at SHELTER during the previous calendar year ending
December 31 in accordance with the methodology shown in Attachment A. For example,
the FY 2000-2001 (July 1 - June 30) percentage share shall be calculated based upon the
1999 calendar year Live Animals Handled report outlined in Attachment B.
2. OPERATOR shall prepare and distribute an annual Live Animals 'Handled report, as
specified in Attachment B, no later than March 31 of each year, which indicates the total
number of live animals handled in the previous calendar year and the associated percentage
share for PARTICIPATING ENTITIES.
3. In the event SHELTER is used to provide emergency or non-emergency animal
shelter services to agencies other than PARTICIPATING ENTITIES, including
unincorporated areas of Alameda County currently serviced from the Fairmont Animal
Shelter, OPERATOR shall establish a cost for the service and bill the non-participating
agency for the service, unless the COMMITTEE agrees to waive such costs.
4. In the event a Participating Entity withdraws from this M.O.U., the remaining
Participating Entities shall meet to determine the most appropriate methodology for sharing
costs. The withdrawing entity shall be required to pay its share of SHELTER services until
the effective date of the withdrawal.
III. APPROVAL OF ANNUAL OPERATING BUDGET
1. On an annual basis, on or before March 31, OPERATOR shall provide
COMMITTEE a proposed annual operating budget (hereinafter referred to as "budget")
for the upcoming fiscal year. The budget shall include, but not be limited to, personnel
salaries including benefits, operating services and supplies, furnishings, equipment,
building/grounds maintenance, utilities, indirect charges, projected revenues in a format
approved by COMMITTEE, and a contingency to be used to backfill any vacant position
at the Shelter. Backfilling resulting from any shelter employee being paid on
administrative leave with pay shall be' limited to thirty days. OPERATOR shall track and
provide COMMITTEE with an annual report detailing the hours and positions used for
backfilling. Any proposed significant changes in SHELTER operations, including but not
limited to, the number of personnel assigned, shall be clearly identified with a narrative
explanation, which includes information supporting the revision.
2. COMMITTEE shall take action to either approve or reject the proposed budget. If
approved by COMMITTEE, PARTICIPATING ENTITIES shall adopt the budget and shall
inform OPERATOR in writing that the entity has allocated its apportioned share of funds for
services, no later than June 30. If COMMITTEE does not approve the budget, it shall
provide OPERATOR with a written statement outlining its concerns and proposed
the event the budget is not approved, the OPERATOR shall provide services in accordance
with the most recently adopted budget with amendments as approved by COMMITTEE.
PARTICIPATING ENTITIES agree to pay for cost increases related to shelter operations as
approved in the Annual Operating Budget beyond the control of the OPERATOR, such as
utility and labor costs. COMMITTEE shall recommend an alternative proposed budget to a
PARTICIPATING ENTITIES no later than 90 days after the start of the fiscal year.
3. OPERATOR shall invoice PARTICIPATING ENTITIES for SHELTER services
within 60 days following the close of each fiscal quarter commencing July 1. The
PARTICIPATING ENTITY shall make payment within 30 days after receipt of invoice.
OPERATOR'S invoice shall be based on the actual quarterly cost incurred as reflected in the
OPERATOR'S records. The invoice shall include ;the t~tal operating costs for the qtiarter
and specify the Participating Entity's share of the cost based on the methodology included in
Attachment A. Each invoice shall be accompanied with a quarterly report of Live Animals
Handled at SHELTER for the current fiscal year as outlined in Attachment B. Billing for the
fourth quarter shall include all approved costs not included in previous quarterly billings and
information detailing any administrative personnel expenses that exceeded the approved
budget. COMMITTEE shall approve any reasonable additional administrative personnel
expenses provided total shelter expenses do not exceed the approved annual operating
budget. Costs from one fiscal year shall not be carried over to the next fiscal year.
4. Approval of the budget authorizes the OPERATOR to make expenditures in
accordance with the budget with the exception of emergency situations and/or mandates as
outlined in Section V. In the event the OPERATOR anticipates costs will exceed the total
annual operating budget, OPERATOR shall notify the COMMITTEE and request approval
of the additional costs prior to incurring the costs. Any approved costs will be included as
part of an amended or new budget. The COMMITTEE, as soon as reasonably possible, may
request the. OPERATOR provide information justifying the cost increases· Any approved
costs will be included as part of an amended or new budget.
GENERAL CONDITIONS
1. Responsibilities of OPERATOR:
a. SHELTER operations, including the handling of animals, shall comply with all
policies and procedures established by the County Director of Field Services, as reviewed by
COMMITTEE. OPERATOR agrees to maintain a policy and procedure manual.
b. OPERATOR shall keep records of animal type, identifying marks, and time and
place of pickup. OPERATOR shall also keep appropriate records of animals surrendered at
SHELTER.
c. OPERATOR shall provide forms for CITIES' use only for live or dead animals
brought to SHELTER. CITIES will be responsible for their own internal reporting
procedures not part of this M.O.U.
d. Animals picked up by CITIES and delivered to SHELTER will be held for the
minimum time as allowed under state law, unless a longer period is recommended by
COMMITTEE and approved by the OPERATOR. '
e. The OPERATOR will collect CITIES' dog license fees only for dogs redeemed or
adopted from the SHELTER. Those fees will be remitted in full to CITIES. Dog license fees
collected will not be considered SHELTER revenue for the purpose of calculating net
operating cost.
f. OPERATOR shall charge fees for SHELTER services in accordance with fee
schedules approved by PARTICIPATING ENTITIES. PARTICIPATING ENTITIES shall
make an effort to establish uniform fees. OPERATOR may waive payment of such fees,
only upon permission of the involved PARTICIPATING ENTITY.
2. Responsibilities of CITIES:
a. When an animal is delivered to the SHELTER by CITIES' personnel for the specific
purpose of euthanasia, the euthanasia fee shall be paid by CITY through their quarterly
billing.
b. Dead animals delivered by CITIES to SHELTER shall be placed in containers
provided by OPERATOR and will not have collars, chains, bandages, flea/tick collars, etc.
on the dead animals or be delivered for disposal within anything other than said container.
Any exceptions to this policy must be approved by the OPERATOR. ·
c.- No sick or injured animal will be brought to SHELTER unless and .until it has been
examined, properly treated and released by a veterinarian. Animals deemed by OPERATOR
personnel to need veterinary care shall not be received by OPERATOR without written
veterinary clearance to hold them at SHELTER. ·
d. Indigenous wild animals protected under State law picked up by CITIES must be
turned over to the State Department of Fish and Game by CITIES.
e. CITIES agree to make all reasonable efforts to return licensed dogs and other
animals, otherwise identified, to their owners before delivering such dogs or other animals to
SHELTER.
V. SHELTER OPERATIONS ADVISORY COMMITTEE
1. The Shelter Operations Advisory Committee (COMMITTEE) shall establish service
standards, policy and practices for SHELTER on behalf of PARTICIPATING ENTITIES. In
carrying out this responsibility, COMMITTEE shall review the general conditions of SHELTER and
make recommendations to OPERATOR regarding SHELTER operations. COMMITTEE and
OPERATOR shall meet at least quarterly and OPERATOR shall provide quarterly reports from
SHELTER staff regarding operations, policies and procedures, financial operations, maintenance of
the facility, and proposed budget items. COMMITTEE shall have access to all operating and
financial records of SHELTER, and SHELTER staff shall provide information necessary to
understand those matters within the purview of COMMITTEE.
2. COMMITTEE may initiate recommendations regarding OPERATOR'S general
operations, staffing, policies and procedures, financial operations, including approval of the annual
operating budget, and maintenance of the facility. OPERATOR agrees to give such
recommendations due consideration.
3. In the event OPERATOR desires to make any non-emergency changes of substance
to policies, the approved annual operating budget, procedures and operations of SHELTER,
OPERATOR shall confer with COMMITTEE and obtain the advice and recommendations from
COMMITTEE before making such changes. COMMITTEE may accept or reject the changes. The
OPERATOR shall use its discretion to address emergencies and shall be required to provide the
COMMITTEE with a report detailing any temporary changes to policy or the budget to address the
emergency.
4. In the event OPERATOR is required to make changes to SHELTER operations to
conform to operational and regulatory mandates, including mandates from Alameda County,
affecting SHELTER, OPERATOR shall notify COMMITTEE, in writing, of the expected financial
and operational implications of the change(s). COMMITTEE may recommend alternative policies,
budget amendments, procedures and operations. The COMMITTEE may request the operator to
maintain infromation detailing the affect the change(s) have on SHELTER operations and budget.
5. Recommendations and actions of COMMITTEE shall be approved by a majority
. ,vote of COMMITTEE. .
VI. NO CHANGE IN EMPLOYMENT EFFECTED HEREBY
All persons employed by OPERATOR to perform services pursuant to this M.O:U. shall be
and remain OPERATOR employees and shall at all times be under the direction and control of
OPERATOR. No CITIES' employees shall perform services which OPERATOR is obligated to
provide under this M.O.U.. All persons employed by OPERATOR to perform the services pursuant
to this M.O.U. shall be entitled solely to the rights and privileges given to OPERATOR employees
and shall not be entitled, as a result of providing services required hereunder, to any additional rights
and privileges given to CITIES' employees.
For the purpose of performing the services under this M.O.U., and for the purpose of giving'
official Status to the performance thereof where necessary, every OPERATOR officer and employee
engaged in the performance of any service hereunder shall be deemed to be an agent of CITIES
while performing services for CITIES, which services are within the scope of this M.O.U. and are
purely municipal functions. Notwithstanding the agency relationship created by this provision,
CITIES shall not be liable for any act of omission of any OPERATOR officer or employee unless
otherwise specifically provided elsewhere in this M.O.U..
CITIES shall not be liable for the direct payment of any salaries, wages, or other
compensation to any OPERATOR personnel performing services hereunder for OPERATOR or any
liability other than that provided for in this M.O.U..
VII. INDEMNIFICATION
CITIES agree to defend, indemnify, and hold harmless the COUNTY, its officers, employees
and agents, from any and all acts, claims, omissions, liabilities and losses by whomever asserted
arising out of acts of omissions of CITIES in the performance of the scope of work except those
arising by reason of the sole negligence of the COUNTY, its officers, employees or agents.
Operator agrees to defend, indemnify and hold harmless CITIES, their officers, employees
and agents, from any and all acts, claims, liabilities and losses by whomever asserted arising out of
acts or omissions of the Operator in the performance of the scope of work, except those arising by
reason of the sole negligence of CITIES, their officers, employees and agents.
VIII. TERM ·
This M.O.U. shall commence on July 1, 2000, and shall continue for three (3) years
thereafter unless terminated. This M.O.U. may be extended for a period of two years upon mutual
agreement of the OPERATOR and PARTICIPATING ENTITIES. Either OPERATOR or
PARTICIPATING ENTITIES may terminate this M.O.U. Upon written notice one hundred eighty
(180) days prior to expiration of this agreement. Termination initiated on behalf of
PARTICIPATING ENTITIES shall require a majority vote.
Upon termination of this M.O.U., interests in furnishings and equipment will remain with
PARTICIPATING ENTITIES.
IX. MODIFICATION
This M.O.U. may only be modified in writing by mutual agreement of all parties hereto.
CITIES:
By:
By:
Richard C. Ambrose, City Manager
City of Dublin
Dublin City Attorney
Approved as to form
ATTEST:
Kay Keck, City Clerk
By:
By:
Gerald M. Peeler, City Manager
City of Livermore
Livermore City Attorney
Approved as to form
By:
Deborah Acosta, City Manager
City of Pleasanton
By:
Pleasanton City Attorney
Approved as to form
COUNTY OF ALAMEDA:
By:
President
Alameda County Board of Supervisors
By:
County Counsel
Approved as to form
By:
Charles C. Plummer
Sheriff
(cv:mydocs\stevenbocian\shelter agreement revised 7)
Attachment A
EXAMPLE OF QUARTERLY BILLING METHODOLOGY
Calendar Year 1999 Number of Live Animals
Entity A
Entity B
Entity C
Entity D
Total
Number of Live Animals
Percentage of Total Live Animals
390 12.428%
1421 45.284%
653 20.809%
674 21.479%
3138 100.000%
FISCAL YEAR 2000 - 2001 Actual Shelter Quarterly Operating Costs
Quarterly Services and Supplies
Quarterly Salaries and Benefits
Quarterly Indirect Costs on Salaries & Benefits
Quarterly BMD Space
Total Gross Costs
Less Quarterly Revenue
Total Net Quarterly Costs
$ 8,079.98
78,553.61
9,811.35
38,109.00
134,553.94
(16,099.00)
$118,454.94
Quarterly Billing:
Entity A
Entity B
EntiW C
Entity D
Net Quarterly Billing Amount By Entity
12.428% of $118,454.94 = $ 14,721.58
45.284% of $118,454.94 = $ 53,641.14
20.809% of $118,454.94 = $ 24,649.29
21.479% of $118,454.94 = $ 25,442.93
TOTAL CHARGE $118,454.94
LIVE ANIMALS HANDLED
Calendar Year 1999
Attachment B
DUBLIN
Total
LIVERMORE
Total
PLEASANTON
Total
UNINCORPORATED
Total
ECAS Grand Total
Overall %
12.428%
45.284%
20.809%
21.479%
100%
Yearly Total Jan Feb
152Dogs 12 11
231 Cats 16 7
7Others 0 0
390 28 18
582 Dogs 53 37
825Cats 36 39
14 Others 0 0
1421 89 76
Mar Apr
1
May Jun
9 16 13
7 17 21
0 1 2
16 34 36
July
2
3
3 52 39 68 6
3 67 71 92 9
3 3 1
6 122 113 161 15
334Dogs 26 25 3 22 30 23 2
305Cats 25 23 2 24 20 23 3
14Others 1 1 0 3 1
653 52 49 5 46 53 47 6
,2 40 27 17 1
1 14 25 35 4
0 4 2
4 54 56 54 6
278Dogs .38: , 21
384Ca~ 24 20
12Others 0 2
674 62 43
3138
] Sep Od Nov Dec
17 lC 15 1 17
30 45 24 1
0 2 I C
47 53 40 3 2E
43 70 58 3 41
92 89 84 7 44!
C 2 2 0
35 161 144 10 85
2~ 35 29 2 32
2~ 42 34 1 11
2 1 2 0
5E 78 65 4 43
21 14 1E 1 22
41 40 62 4 20
0 1 1
62 55 82 5 42
Aug
9
II IV
AGREEMENT
FOR ANIMAL CONTROL FIELD SERVICES
BETWEEN COUNTY OF ALAMEDA AND CITY OF DUBLIN
THIS AGREEMENT, made and entered into this
between the C~UNTY OF ALAMEDA, hereinafter referred
DUBLIN, hereinafter referred to as "CITY".
t /. day of
to a COUN nd h
, t e
and
CITY OF
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.
(c)
Code.
Such contracts are authorized by Section=~51300 et seq. of the Government
THEREFORE, THE PARTIES HERET0 AGREE AS FOLLOWS;
I. 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
- 1 - Aq~FACHMENT 2
~ es stationary, notices, forms and the like must be issued in the name of the
f---' pp ,
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 necessaryjr~epOrts by COUNTY.
e. The CITY o~ C6UNTY aay terminate those animal licensing services which
relate to animal licenskng,,pr0vided by the COUNTY to the CITY at any time during the
term of the contract upOn'proy~ding the other party with ninety (90) days advance
written notice, unless ~, 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'~ny 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 "Addendum 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:
b
projections for service cost during upcoming fiscal year.
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.
On or before March 1st of each year, COUNTY shall provide CITY with
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 s~ch 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 remiktance 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 ControlOrdinance. 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-
This agreementshail commence on July 1, 1992, and shall continue from year
"ye~vth~eaf~r~j~X'~s terminated.:' Either party may terminate this agreement on june
30~!;~f any'year~=~"~Written notice on or before April 1 of said year.
VII. MODIFICATION ..
This agreement may be modified in writing by mutual agreement )6f' the. Parties
hereto at any time.
For CITY OF DUBLIN:
APPROVED AS TO FORM:
Ci
For COUNTY OF ALAMEDA
ATTEST:
By:
President, ~of Superv~'~
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
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.
Datea: JUL 8 1,992
/lss a:528an12.doc.psr#' ~ ~
WILLIAM MEHRWEIN
Clerk, Board of Supervisors
County of Alameda
State 9f California/?-,
/