HomeMy WebLinkAboutReso 46-21 Approving the Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services
Reso. No. 46-21, Item 4.6, Adopted 05/18/2021 Page 1 of 1
RESOLUTION NO. 46 - 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT AMONG THE COUNTY OF ALAMEDA
AND THE CITES OF DUBLIN, LIVERMORE, AND PLEASANTON
FOR ANIMAL SHELTER SERVICES
WHEREAS, the Cities of Dublin, Livermore, and Pleasanton and Alameda County (Cities
and County) jointly own and operate the East County Animal Shelter located at 4 595 Gleason
Avenue in Dublin; and
WHEREAS, since the shelter’s opening, the facility has been operated by the Alameda
County Sheriff’s Office in accordance with a Memorandum of Understanding for Animal Shelter
Services; and
WHEREAS, the existing MOU will expire on June 30, 2021 and the Cities and County
have negotiated and prepared a new agreement for shelter operations; and
WHEREAS, the proposed agreement is for a term of five years with the potential for two
extensions of five years each.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Agreement Among the County of Alameda and the Cities of Dublin,
Livermore, and Pleasanton for Animal Shelter Services , attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreement and make any necessary, non-substantive changes to carry out the intent of this
Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of May 2021, by the following vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
AGREEMENT AMONG THE COUNTY OF ALAMEDA
AND THE CITIES OF DUBLIN, LIVERMORE, AND PLEASANTON FOR
ANIMAL SHELTER SERVICES
This Agreement is made and entered into this _____ day of ____________, 2021 by and among
the County of Alameda and the cities of Dublin, Livermore and Pleasanton, 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 Sheriff's 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 Operations Advisory Committee consisting
of the County Administrator (or designated representatives) and the City Managers of CITIES
(or their designated representatives). The purpose of COMMITTEE will be to review the
ongoing operations and maintenance of the SHELTER and to assure that the equity interest of
PARTICIPATING ENTITIES does not deteriorate through inappropriate maintenance and
operations.
RECITALS:
a. PARTICIPATING ENTITIES have entered into the Agreement Among the County of
Alameda and the Cites of Dublin, Livermore and Pleasanton for the Construction
Cost of the Animal Shelter, which is included as Attachment C to this Agreement.
b. PARTICIPATING ENTITIES are desirous of contracting with OPERATOR for the
performance of animal shelter services.
c. OPERATOR is agreeable to rendering such services on the terms and conditions
hereinafter set forth.
d. Such contracts are authorized by Section 51300 et seq. of the Government Code.
e. The City of Dublin contracts for animal control field services and animal licensing
with the County of Alameda under a separate agreement.
THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I. SERVICES TO BE PROVIDED
OPERATOR agrees to provide animal shelter services to PARTICIPATING ENTITIES for
animals impounded pursuant to City ordinance, County code and State law. Such services
shall include, but not be limited to, receiving live animals at SHELTER; providing live
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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 required of
PARTICIPATING ENTITIES in this Agreement.
II. METHODOLOGY FOR DETERMINING COST ALLOCATIONS:
1. PARTICIPATING ENTITIES shall share in the cost of personnel, maintenance
services, and supplies required to operate SHELTER in accordance with this
Agreement. 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 2021-2022 (July 1 – June 30) percentage share
shall be calculated based upon the 2020 calendar year Live Animals Handled Report
outlined in Attachment B.
2. OPERATOR shall prepare and distribute an annual Live Animals Handled Report 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, OPERATOR
shall establish a cost for the service and bill the non-participating agency for the
service, unless COMMITTEE agrees to waive such costs.
4. In the event a PARTICIPATING ENTITY withdraws from this Agreement, 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, and projected revenues.
The budget shall be prepared in a format approved by the COMMITTEE. Any
proposed significant changes in SHELTER operations, including but not limited to,
the number of personnel assigned, backfilling vacant positions, changes in veterinary
services or other material changes shall be clearly identified with a narrative
explanation, which includes information supporting the revision. OPERATOR shall
track and provide COMMITTEE with an annual report detailing the hours and
positions used for backfilling vacant positions.
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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, 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 budget beyond
the control of the OPERATOR, such as utility and labor costs. COMMITTEE shall
recommend an alternative proposed budget to 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 total
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.
a. In the event that OPERATOR fails to deliver said invoice, including all required
documentation, within ten (10) days of the due date, OPERATOR may be
subject to a one percent (1%) penalty to be deducted from the total invoice
amount. Said penalty may be increased by an additional one percent (1%) for
each additional period of thirty days during which OPERATOR fails to deliver
said invoice and required documentation.
b. If payment from a participating city is not received within sixty (60) days after
the date of the demand letter, that city may be subject to a one (1%) late fee
added to the total amount due. Said penalty may be increased by an additional
one percent (1%) for each additional thirty days demand is not met.
4. Approval of the budget authorizes 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 OPERATOR anticipates costs will exceed the
total annual operating budget, OPERATOR shall notify 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. COMMITTEE, as soon as
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reasonably possible, may request OPERATOR provide information justifying the cost
increases.
IV. GENERAL CONDITIONS
1. Responsibilities of OPERATOR:
a. SHELTER operations, including the handling of animals, shall comply with all
policies and procedures established by the Alameda 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 Agreement.
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 OPERATOR.
e. 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.
g. OPERATOR shall be responsible for assuring that employees assigned to the
SHELTER are qualified to provide animal control services and shall designate
an employee to be responsible for overseeing SHELTER activities.
h. In the event of a personnel change to the person designated to oversee
SHELTER activities, and upon request by COMMITTEE, the Sheriff or
designated representative shall provide COMMITTEE with information on the
candidate’s qualifications to perform the duties of the position and provide for
COMMITTEE to meet the candidate prior to final selection. COMMITTEE
may provide input on the selection of the person designated to oversee
SHELTER activities. The final decision shall be at the sole discretion of the
Sheriff.
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2. Responsibilities of PARTICIPATING ENTITIES:
a. When an animal is delivered to SHELTER by a PARTICIPATING ENTITY for
the specific purpose of euthanasia, the euthanasia fee shall be paid by that CITY
through their quarterly billing.
b. Dead animals delivered by a PARTICIPATING ENTITY 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 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 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 a
PARTICIPATING ENTITY must be turned over to the California Department
of Fish and Wildlife by the PARTICIPATING ENTITY.
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. 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,
including information prepared regarding indirect costs and the General Services
Agency BMD space charges that are included in SHELTER’s annual operating
budget. 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
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recommendations from COMMITTEE before making such changes. COMMITTEE
may accept or reject the changes. OPERATOR shall use its discretion to address
emergencies and shall be required to provide 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 affecting SHELTER, including
mandates from Alameda County or changes to SHELTER service areas, OPERATOR
shall notify COMMITTEE, in writing, of the expected financial and operational
implications of the change(s) prior to implementation. COMMITTEE may
recommend alternative policies, budget amendments, procedures, and operations.
COMMITTEE may request OPERATOR maintain information 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 AFFECTED HEREBY
All persons employed by OPERATOR to perform services pursuant to this Agreement
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 Agreement. All persons employed by
OPERATOR to perform services pursuant to this Agreement 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.
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 Agreement.
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 or 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, omissions, liabilities and losses by
whomever asserted arising out of acts or omissions of OPERATOR in the performance of
the scope of work except those arising by reason of the sole negligence of CITIES, their
officers, employees or agents.
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VIII. TERM
This Agreement shall commence on July 1, 2021, and shall continue for five (5) years
thereafter unless terminated. This Agreement may be extended for two periods of five years
upon mutual agreement of OPERATOR and PARTICIPATING ENTITIES. OPERATOR
or PARTICIPATING ENTITIES may terminate this Agreement upon written notice one
hundred eighty (180) days prior to termination date. Termination initiated on behalf of
PARTICIPATING ENTITIES shall require a majority vote of the COMMITTEE.
Upon termination of this Agreement, interests in furnishings and equipment will remain
with PARTICIPATING ENTITIES.
IX. MODIFICATION
This Agreement may only be modified in writing by mutual agreement of all parties hereto.
By: By:
Linda Smith, City Manager Dublin City Attorney
City of Dublin Approved as to form
By: By:
Marc Roberts, City Manager Livermore City Attorney
City of Livermore Approved as to form
By: By:
Nelson Fialho, City Manager Pleasanton City Attorney
City of Pleasanton Approved as to form
COUNTY OF ALAMEDA:
By: By:
Keith Carson, President County Counsel
Alameda County Board of Supervisors Approved as to form
By:
Gregory J. Ahern
Sheriff
ATTACHMENT A
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METHODOLOGY FOR DETERMINING COST ALLOCATIONS
Step 1 – OPERATOR shall maintain the Live Animals Handled Report (Attachment B), which
shall include the total number of live dogs, cats and other animals handled at the SHELTER for
each PARTICIPATING ENTITY by month and by calendar year.
Step 2 –The Live Animals Handled Report shall contain the annual percentage share of the total
number of live dogs, cats and other animals handled at the SHELTER for each
PARTICIPATING ENTITY. As an example, if the SHELTER handled 1000 live animals and
100 originated from the City of Dublin, then the City of Dublin's annual percentage share would
be 10%.
Step 3 – To determine each PARTICIPATING ENTITY’s annual cost share, the annual
percentage share for each PARTICIPATING ENTITY from the previous calendar year, as
included in the Live Animals Handled Report, shall be applied to the approved SHELTER
annual operating budget. As an example, if the total annual operating budget for Fiscal Year
2021-2022 is $3,512,464 and the City of Livermore's annual percentage share as noted on the
2020 Live Animals Handled Report is 17.279%, then the City of Livermore's cost share for
Fiscal Year 2021-2022 would be $606,918.65 (billed quarterly based on actual expenses).
An example of the above methodology utilizing the Live Animal Handled Report, is as follows:
Fiscal Year Shelter Annual Operating Budget
Budget Item Annual Costs
Salaries and Benefits $1,487,395
Services and Supplies $200,372
ISF Charges $1,551,305
Less Revenues ($49,372)
Subtotal $3,189,700
Indirect Costs $322,764
NET ANNUAL OPERATING COST $3,512,464
Participating Entity Cost Share
Participating
Entity
FY 2021-22 Shelter
Annual Operating
Budget
Calendar Year 2020
Percent of Live
Animals Handled
Annual Cost
Share of Total
Shelter Cost
City of Dublin $3,512,464 11.433% $401,580.01
City of Livermore $3,512,464 17.279% $606,918.65
City of Pleasanton $3,512,464 11.433% $401,580.01
Alameda County $3,512,464 59.855% $2,102,385.33
ATTACHMENT B
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Overall %Individual %TotalJanFebMarAprMayJunJulyAugSepOctNovDecDUBLIN32.127%71Dogs17122243101455663.348%140Cats28211171519102691474.525%10Others*140020100020Total11.433%100%221LIVERMORE35.030%117Dogs24101187554121081363.174%211Cats82510251325215202913171.796%6Others*100011000120Total17.279%100%334PLEASANTON25.792%57Dogs75944144256667.421%149Cats8931586242522111086.787%15Others*002132401110Total11.433%100%221WEST & EAST COUNTY28.781%333Dogs38464416192329202922222561.798%715Cats343439378010610989587339179.421%109Others*131252135121189811Total59.855%100%1157ECAS Grand Total 100%1933* Includes Wildlife in Shelter Only and Night DropEast County Animal ShelterLIVE ANIMALS HANDLEDCALENDAR YEAR 20XX
ATTACHMENT C