HomeMy WebLinkAboutItem 4.11 - 2605 Second Amendment to MOU for Animal Shelter
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STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Consideration of an Amendment to the Memorandum of Understanding for
Animal Shelter Services
Prepared by: Hazel L. Wetherford, Economic Development Director
EXECUTIVE SUMMARY:
The City Council will consider approval of a second amendment to the Memorandum of
Understanding for Animal Shelter Services between the cities of Dublin, Livermore and
Pleasanton, and the County of Alameda.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Second Amendment to the Memorandum of
Understanding for Animal Shelter Services.
FINANCIAL IMPACT:
The Amendment will not increase the initial amount of the Memora ndum of
Understanding.
DESCRIPTION:
In 1992, the cities of Dublin, Livermore and Pleasanton, and the County of Alameda
entered into an agreement to jointly pay for the construction cost of a new East County
Animal Shelter located at 4595 Gleason Avenue in Dublin, California. The Shelter
currently serves the cities of Dublin, Livermore and Pleasanton and unincorporated
areas of Alameda County. Since its opening in 1995, the Shelter has been operated by
the Alameda County Sheriff’s Office.
In 1996, the cities conducted a Request for Proposal process to identify the most
qualified shelter provider. The Alameda County Sheriff’s Office was the only agency that
submitted a proposal and the cities and County determined that it was well qualified to
operate the Shelter and a Memorandum of Understanding (MOU) was approved
memorializing its responsibilities.
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Shelter operations are monitored by the Shelter Operations Advisory Committee which
consists of one staff representative from each of the cities and Alameda County. The
Committee meets on a quarterly basis with the staff from the Sheriff’s Office responsible
for shelter operations.
The costs of operating the East County Animal Shelter include, but are not limited to
building maintenance, supplies, professiona l veterinary services and salaries and
benefits. The agencies also pay debt service on the building. These costs are allocated
among the agencies by percentage based upon the live animal count in the shelter on
December 31 of each year. Dublin has been allocated 12.27% of the costs for FY 19-
20, for an approximate total amount of $209,762. Previously, Dublin’s portion of costs
were $179,015 (10.64%) for fiscal year 18-19.
The current First Amendment to the MOU expires on June 30, 2019, and the MOU
includes an option to extend the agreement term for one more two -year period upon
mutual agreement of the parties. The Second Amendment to the MOU (Attachment 2)
will extend the term for a two-year period from July 1, 2019 to June 30, 2021.
The proposed amendment has been negotiated by the Alameda County Sheriff’s Office
and representatives of the Shelter Operations Advisory Committee. Concurrent with the
City of Dublin, the cities of Livermore and Pleasanton are recommending the
amendment for approval. Following the cities’ approval of the Second Amendment to
the MOU, the document will be presented to the Alameda County Board of Supervisors
for their approval.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution Approving the Second Amendment to Memorandum of Understanding for
Animal Shelter Services
2. Exhibit A to the Resolution - Second Amendment to Memorandum of Understanding
RESOLUTION NO. XX-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING A SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR
ANIMAL SHELTER SERVICES
WHEREAS, on June 3, 2014, the City approved the Memorandum of Understanding
(MOU) with the Alameda County Sheriff’s Office for the operation of the East County Animal
Shelter; and
WHEREAS, on June 6, 2017, the City Council approved Resolution No. 67-17 approving
the First Amendment to MOU; and
WHEREAS, the First Amendment to MOU expires on June 30, 2019, and the MOU
includes an option to extend the agreement term for one more two-year period upon mutual
agreement of the parties; and
WHEREAS, Staff is seeking City Council approval to extend the term of the MOU for a
second two-year period ending June 30, 2021.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Second Amendment to Memorandum of Understanding for Animal Shelter
Services between the cities of Dublin, Livermore and Pleasanton, and the County of Alameda,
and the Alameda County Sheriff’s Office; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment, attached hereto as Exhibit A to this Resolution, in substantially the form attached
with such changes as are deemed appropriate by the City Manager.
PASSED, APPROVED AND ADOPTED this 7th day of May, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
______________________________
City Clerk
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SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING
ANIMAL SHELTER SERVICES
This Second Amendment to Memorandum of Understanding (“Second Amendment”) is
made by the County of Alameda by and through the Alameda County Sheriff’s Office
(“OPERATOR” or “ACSO”) and the cities of Dublin, Livermore and Pleasanton,
hereinafter referred to collectively and individually as (“PARTICIPATING ENTITIES”) with
respect to that certain Memorandum of Understanding entered by them on July 1, 2014
(”MOU”) pursuant to which OPERATOR provides animal shelter service to the
PARTICIPATING ENTITIES.
RECITALS
WHEREAS, OPERATOR and PARTICIPATING ENTITIES entered into an MOU
effective July 1, 2014; and
WHEREAS, OPERATOR and PARTICIPATING ENTITIES have previously
extended the MOU one time; and
WHEREAS, the Parties again desire to extend the term of the MOU in accordance
with Section VIII of the MOU;
NOW THEREFORE in consideration of the faithful performance of the terms,
conditions, promises and representations contained in this Second Amendment to the
MOU, and the continuing provisions of the MOU, the parties agree to extend the MOU as
follows:
1) Operator and Participating entities agree to amend the MOU in the following
respects:
a. Extend the term of the MOU by two fiscal years for a new contract term of
July 1, 2019 to June 30, 2021.
2) Except as expressly modified by this Second Amendment, the terms and
conditions of the MOU shall remain in full force and effect and be binding on the
parties as if the provisions of the MOU were fully set forth in this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment
to the Memorandum of Understanding to be executed as of the date and year first
above written.
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CITIES:
By: __________________________
Christopher L. Foss
City Manager
City of Dublin
By: __________________________
Marc Roberts
City Manager
City of Livermore
By: __________________________
Nelson Fialho
City Manager
City of Pleasanton
COUNTY OF ALAMEDA:
By: __________________________
Gregory J. Ahern
Sheriff
By: __________________________
John D. Bakker
Dublin City Attorney
Approved as to form
By: __________________________
Jason Alcala
Livermore City Attorney
Approved as to form
By: __________________________
Dan Sodergren
Pleasanton City Attorney
Approved as to form
By: __________________________
Eva Schueller
County Counsel
Approved as to form
By signing above, signatory warrants and represents that he/she executed this
Agreement in his/her authorized capacity and that by his/her signature on this
Agreement, he/she or the entity upon behalf of which he/she acted, executed this
Agreement.