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HomeMy WebLinkAbout4.6 Approval of Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter ServicesSTAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.6 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider approving an agreement among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services. The agencies collectively own the East County Animal Shelter located at 4595 Gleason, and since its opening, the Cities have contracted with the Alameda County Sheriff’s Office to operate the shelter in accordance with a Memorandum of Understanding for Animal Shelter Services. The most recent agreement for services will expire on June 30, 2021. STAFF RECOMMENDATION: Adopt the Resolution Approving the Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services. FINANCIAL IMPACT: The participating agencies share in the costs of operating the shelter, allocated based on the percentage share of the total number of live animals originating from each jurisdiction and handled at the shelter during the previous calendar year. In Fiscal Year 2020-21, Dublin’s allocation was 10.49% or $179,336. For Fiscal Year 2021-22, Dublin’s allocation is 11.43% or $206,936, which will be incorporated into the proposed budget. DESCRIPTION: Background The City of Dublin has contracted with the Alameda County Sheriff’s Office (ACSO) for Animal Control Services since incorporation. 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. In 1995, the Cities conducted a Request for Proposal process to identify the most qualified shelter provider. ACSO 516 Page 2 of 3 was the only agency that submitted a proposal and the Cities and County determined that it was well-qualified to operate the shelter and approved the first Memorandum of Understanding (MOU) to memorialize the arrangement. ACSO has continued to operate the shelter since its opening in 1996. The current MOU, executed on July 1, 2014, was subsequently extended pursuant to the two, two- year extension options on June 30, 2017 and June 30, 2019. The agreement expires on June 30, 2021. Discussion The proposed agreement, attached as Exhibit A to the Resolution, is substantially unchanged from the prior agreement. The only change is regarding the term length, which the proposed agreement increases from three to five years. The proposed agreement increases the two extension options from two years to five years. Under the agreement, ACSO is responsible for providing all shelter personnel, shelter maintenance (through the County’s General Services Agency), implementing animal-related programs including licensing, providing board and care for all shelter animals, a trap-neuter-release program, and humane euthanasia. A total of 1,933 live animals were processed through the shelter in 2020, with 221 animals originating from Dublin. The Sheriff’s Office works closely with local animal rescue/adoption groups including the Tri-Valley Animal Rescue (TVAR) and the East Bay SPCA which is located adjacent to the shelter. The Fiscal Year 2021-22 shelter operating budget is approximately $1,870,464. The costs of operating the East County Animal Shelter include but are not limited to staff salaries and benefits, building maintenance, supplies and equipment, and professional veterinary services. The agencies also pay debt service on the building, which is managed under a separate agreement and not included in this budget. Shelter Operations are monitored by the Shelter Operations Advisory Committee which consists of one representative from each of the Cities and Alameda County. The Committee meets quarterly with staff from the Sheriff’s Office responsible for shelter operations. The proposed agreement has been negotiated by the ACSO and representatives of the Shelter Operations Advisory Committee. Concurrent with Dublin’s consideration of the agreement, the Cities of Livermore and Pleasanton are also recommending approval. Following these approvals, the agreement will be considered by the Alameda County Board of Supervisors. STRATEGIC PLAN INITIATIVE: None. 517 Page 3 of 3 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services 2) Exhibit A to the Resolution - Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services 518 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 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 4595 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: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 519 Attachment 2 Exhibit A to the Resolution 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 520 Page 2 of 7 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. 521 Page 3 of 7 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 522 Page 4 of 7 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. 523 Page 5 of 7 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 524 Page 6 of 7 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. 525 Page 7 of 7 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 526 ATTACHMENT A Page 1 of 1 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%$2,102,385.33 527 ATTACHMENT B Page 1 of 1Overall %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 20XX528 ATTACHMENT C 529 530 531 532 533 534