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HomeMy WebLinkAboutReso 034-01 AlaCoAnimalControlRESOLUTION NO. 34 - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE MEMORANDUM OF UNDERSTANDING FOR ANIMAL SHELTER SERVICES 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 Sheriffs 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: Councilmembers Lockhart, McCormick, Oravetz, Zika and Mayor Houston NOES: None ABSENT: ' None ABSTAIN: None K2/G/3-6-O1/reso- .doc (Item ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING ANIMAL SHELTER SERVICES This Memorandum of Understanding (M.O.U.), is made and entered into this day of ~/~C~, 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 this M.O.U. OPERATOR shall designate the individual to function as SHELTER supervisor. 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 armual 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 adjustments no later than 45 days after the budget has been presented to COMMITTEE. In 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 quarter 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. 4 : 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 ch/tnges to SHELTER operatiohs 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 1N 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. 6 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)