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HomeMy WebLinkAboutReso 43-19 Approving the Second Amendment to Memorandum of Understanding for Animal Shelter Services RESOLUTION NO. 43 — 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. 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: Councilmembers Goel, Hernandez, Josey, Kumagai, and Mayor Haubert NOES: ABSENT: ABSTAIN: c,,91 /41.A/ Mayor ATTEST: f ,c4- City Clerk Reso 43-19, Adopted 5/7/2019, Item 4.11 Page 1 of 1 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.