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Home My WebLink About4.11 - 2605 Second Amendment to MOU for Animal Shelter Page 1 of 2 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. Page 2 of 2 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 Page 1 of 2 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. Page 2 of 2 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.