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HomeMy WebLinkAboutItem 4.04 AnimalCntrlContract (2) - . . . ,::".,.";:t~V'" .:'A,':!'" ... ,." ,,".. ~. CITY CLERK File # D~[Q]~-~(Q AGENDA STATEMENT CITY COUNCIL MEETING DATE: (June 25, 1997) SUBJECT: Animal Control Contract Services Review dt (prepared By: Paul S. Rankin, Assistant City Manager) 1. Agreement For Animal Control Field Services Between Alameda County and the City of Dublin and dated July 1, 1992. 2. Memorandwn of Understanding Animal Shelter Services EXHIBITS ATTACHED: RECOMMENDATION: I") ".vI) Receive the report and provide input on any service related issues. , ,VV' 2) Confirm the recommendation that the regular contract review . "cycle shall be the same as the contract for Police Services. FINANCIAL STATEMENT: The total operating cost for both Animal Control Field Services and Animal Control Shelter Services in Fiscal Year 1997-98 is projected to be $131,450. See report for details. DESCRIPTION: A contract review of Animal Control Services was included on the adopted 1997 City Council Goals and Objectives. A periodic review of services obtained by the City through contracts, ensures that service levels are appropriate. Based on direction given at the City Council Budget Study Session a financial analysis of alternatives has not been conducted. The City obtains Animal Control Field and Shelter Services through contracts with the Alameda County Sheriff's Department. The City contracts separately with Alameda County for the provision of Field Services. (Exhibit 1) The Shelter Services are provided jointly through a Cooperative Agreement which also includes the cities of Livermore and Pleasanton as participants. (Exhibit 2) Through a separate Joint Powers Agreement the City participates in the debt service cost associated with the new East County Animal Shelter. As such the City will retain an ownership interest in the facility. InJune of 1992, was the last time a comprehensive Contract Review was presented to the City Council for Animal Control services. This report provides a description of the services received; workload statistics; and current financial cost data for the operation of Animal Control Services. . FIELD SERVICES The basic patrol function includes: investigation of complaints; investigations of dog bites and attacks; patrol services; pick-up of stray and dead animals;' issuance of citatiOIlS; preparation of reports; and the sale of dog licenses. The current Agreement with Alameda County became effective on July I, 1992. The Agreement is structured with an automatic renewal provision unless notice is provided by April 1 st, of the parties intent to terminate the agreement on the subsequent June 30th of any year. ------------------------------------------------------------------- COPIES TO: Sheriff Plummer Sgt. George Tarnow Tony Owens, Animal Control Supervisor ~I d ITEMNO.~" ... STAFFING With the opening of the East County Animal Shelter, the County has restructured the supervision of this activity. The County now has a civilian Animal Control Supervisor who handles much of the day to day supervision of this operation. Prior to the development of this position, the County relied heavily on . sworn personnel to oversee the day to day operations. As a unit of the Alameda County Sheriff s Department the Supervisor continues to report to a Sergeant. However, the Sergeant also has other responsibilities in addition to management of the Animal Control unit. Due to the more focused range of responsibilities that the Supervisor has, Staff believes that the current staffing represents a significant improvement in the operation. The actual field patrol services are performed by civilian personnel assigned to the Sheriffs Technician classification. The City of Dublin is currently the only municipality which contracts for these services. The area serviced by the patrol officers includes unincorporated areas in and around Castro Valley as well as the unincorporated areas in the eastern portions of the County including Sunol, and adjacent to Livermore and Dublin. The contract with the Alameda County Sheriff s Department provides the City with access to trained personnel. The patrol function requires adequate resources to respond to emergency call-outs as well as providing relief coverage for vacations and sick leave. Therefore the most efficient means of providing this type of service in a community of the size of Dublin, is on a regional basis. The current arrangement with Alameda County is capable of responding to these needs. VICIOUS DOG HEARINGS The Animal Control Officers also participate in the Vicious Dog Hearing process, identified in the City Municipal Code. City Staff actually serve as the hearing officer and maintain records related to hearings . conducted. The purpose of the process is to enact safeguards when there is a potentially dangerous dog which has been involved in a bite or attack incident. The Animal Control Officer will complete an investigation of the incident and provide a written report. The Supervisor as well as the Officer provide a recommendation as to whether or not a Vicious Dog Hearing is recommended. In the event that a dog is determined to be vicious at the conclusion of the hearing, measures can be imposed to abate the problem as a nuisance. The measures may include requirements for the dog to be on a leash under the control of an adult when outside of the fenced yard; confinement measures; and when warranted euthanization of the dog. The hearing allows an opportunity for the victim to address concerns and helps to limit exposure in the event that a repeat incident occurs. The Assistant City Manager conducts the hearing and makes the determination. Administrative Services Staff assist with the preparation of notices, minutes, and other records. City Staff have also developed an informational sheet which is mailed with the Notice of Hearing. The information has been well received and it helps to provide additional information about the process, beyond what is required in the official notice. The format and content of the official notice is specifically referenced in the Municipal Code and can be perceived as intimidating. The following is a historical breakdown of the nwnber of hearings conducted: mSTORICAL NUMBER OF VICIOUS DOG HEARlNGS CONDUCTED . Actual 1992~93 5 Actual 1993-94 10 Actual 1994-95 9 Actual 1995-96 12 Estimated 1996 -97 10 - . FIELD SERVICES PATROL HOURS Under the current Agreement the Sheriff's Department tracks the nwnber of hours that Field Service personnel are working on assignments for the City of Dublin. This factor is then used to allocate the City its share of the cost of service. For example, if the Field Service unit has 5,000 hours available county wide and 500 hours are recorded in the City of Dublin, Dublin's cost is 10% of the actual Field Services expenditures.. The amount of Field Services provided has fluctuated over the years depending on their availability of Staff and turnover. When resources are limited the Sheriff's Department focuses on response to calls for service and less time is available for proactive patrols. The following table identifies the historical nwnber of hours of field service provided in the City of Dublin, as well as the percentage this represented of the total Field Services operation. mSTORICAL COMPARISON OF FIELD SERVICE HOURS, COSTS AND PERCENTAGE DUBLIN REPRESENTED OF TOTAL FIELD SERVICE OPERATION Actual Actual Actual Actoal Estimated 1992-93 1993-94 1994-95 1995-96 1996 -97 474 Hours 530 Hours 352 Hours 289 Hours 367 Hours $ 56,005 $ 50,008 $ 35,176 $ 27,168 $ 26,000 9.4% 11.1 % 7.7% 5.5% 6.0% . In Fiscal Year 1995/96 the Field Services operation was impacted by employees who were out for extended periods due to injuries. It is important to note that although the service level has. fluctuated in terms of number of hours Staff does not receive a significant number of calls from residents suggesting that service levels are inadequate. Staff has also noted an improvement in the County ability to construct a more stable Staff in the past year. The contract arrangement has allowed the City to only pay for those sen,rices which were actually received. The comparison of costs shown above are taken from City financial records. Due to the delay in prompt billing by the County there are some differences in allocating of costs between Fiscal Years. For example, a credit from the 1995-96 Fiscal Year payments offset a portion of the 1996-97 expenses. The Preliminary 1997-98 Budget for Field Services is $39,000 and it would provide up to 595 hours of service, assuming the County does not experience significant lost work time among their assigned Staff. FIELD SERVICES WORKLOAD INDICATORS Throughout the year Staff receives monthly reports from Animal Control which identify the activities performed. The following table provides a comparison ofthi~ information for key activities: FIELD SERVICES Actual Actual Actual Actual Estimated WORKLOAD INDICATOR 1992-93 1993-94 1994-95 1995-96 1996 -97 Bites 35 37 32 39 25 . Complaints / Calls For Service 69 64 60 103 81 Citations 93 85 87 85 78 Injured Animals 2 4 5 6 5 Dead Animals.,. Public 315 430 257 329 269 -~- Dead Animals - Veterinarian 633 477 559 583 5'09 As noted above, over the past two years there have been an increase in the number of complaints / calls for service category when compared to the three year period prior to Fiscal Year 1995-96. As the City experiences population growth it is anticipated that the requests for service will also increase. It is also possible that the publicity regarding the new animal shelter generated a greater awareness of animal . control activities in the past 18 months. LICENSING Animal Control also performs dog licensing services for the City of Dublin. The purpose of the license is to assure compliance with the requirement to inoculate dogs against rabies, and to assist with the return of the animal in the event that it is lost. All revenue collected from license sales is forwarded to the City. The following table displays the historical dog license revenue: CITY OF DUBLINIDSTORICAL DOG LICENSE REVENUE Actual 1992-93 $ 4,796 Actual 1993-94 $ 4,622 Actual 1994-95 $ 3,812 Actual 1995-96 $ 3,953 Estimated 1996 -97 $ 4,445 It is anticipated that the recent increase in revenue is related to the increase in Field Service Patrol hours and due to the new shelter resulting in increased adoptions by Dublin residents. In the past the City has attempted to increase license sales with public information campaigns. However, typically the most effective means is a door to door campaign and Animal Control Officers have not had the time available to conduct these activities. Licenses can be purchased by mail and at the East County Shelter, which is open 7 days a week. The City will also include this information as part of the City website. RECORDS City Staff have noted an improvement in the quality of reports submitted and information typically flows from the Animal Control Supervisor in a timely fashion. Staffhave indicated to the County that there is a need for improvement in the area of the billing information and financial data. Under the Sheriff's Department organization, this information is provided from a remote Administrative Services Division. Staff would encourage the Sheriff's Department to evaluate steps which can produce timely and accurate financial information. . EVALUATION OF FIELD SERVICE OPTIONS In the past Staffhas evaluated alternative options to the provision of this service. As noted earlier in the report, this type of service is most efficiently provided when the population base is large enough to share resources.' Given the size of the City of Dublin, it would be difficult to directly provide the service at a lower cost and continue to meet the public expectations. Given that the cities of Livermore, Dublin, and Pleasanton are jointly sharing in the operation of the Shelter there may be possibilities in the future for the agencies to consider a regional approach to the provision ofField Services. However, this type of effort would ~ost likely be initiated by one of the agencies currently providing Field Services. ANIMAL SHELTER In January of 1996, the City Council approved the Agreement which describes the shared responsibility for the ownership and operation of the new East County Animal Shelter. The City of Dublin participates along with the cities of Livermore and Pleasanton and Alameda County. When the original construction. Joint Powers Agreement was approved by the City of Dublin in 1992, it was projected that the cost of construction of the facility would be $4,750,000. The final cost was reduced by nearly $1 million, with - '1- ( . the cities taking an active role in determining the elements to be included in the new facility. The final construction cost was recently distributed to the cities as $3,787,981. In accordance with the Agreement, the cost of operations are shared based upon the nwnber of live animals impounded in the previous calendar year. Therefore, the Fiscal Year 1997/98 cost sharing is based on the number of animals impounded in 1996. This figure will be adjusted each year. The following table displays the City of Dublin impound statistics on a fiscal year basis by animal type. . CITY OF DUBLIN IMPOUND STATISTICS # OF LIVE ANIMALS IMPOUNDED Dogs Impounded Cats Impounded . Impounds - Others TOTAL IMPOUNDED Actual 1992-93 208 297 ....22 667 Actual 1993-94 208 162 ill 483 Actual 1994-95 185 245 .~ 488 Actual 1995-96 238 322 -A.6 606 Estimated 1996 -97 315 510 ..M 910 Staffhave discussed with Animal Control representatives the significant increase in the nwnber of animals impounded at the shelter. The increase is partially attributable to the new shelter. In 1996 the shelter handled an increase of24.4% in dogs and cats over the 1995 figures from the old shelter. The new shelter is easier to access and the condition of the old shelter, may deterred some people from depositing their pets. . The increase in Imtmlil)S impounded from the City of Dublin has escalated at an even faster pace. Staff believes that this has been partially due to the increase in patrol service hours. As this increases there is a greater likelihood of strays being impounded. City Staffhave also discussed with Animal Control Staff the significant increase in the nwnber of cats. Although they do not have detailed data to quantify the impact, efforts on Federal Property are anticipated to have contributed to this condition. Both the Camp Parks Army Reserve Center and the Department of Justice Prison have conducted feral cat eradication programs over the past two years. These were mostly wild cats which had multiplied on their . property. As the City Council is aware, the City of Dublin receives no tax revenues from these facilities. Due to the cost allocation formula based upon animals impounded, the City is directly incurring costs to provide services to the Federal Government. It may be appropriate for the City to communicate with the Federal representatives the need for some sort of compensation for the provision of municipal services. FISCAL YEAR 1997-98 SHELTER OPERATING COSTS It is expected that with the increase in Field Service hours along with population growth, that the City will continue to represent a larger share of the use at the Animal Shelter. Staffhas also requested that the County consider measures to assure the accuracy of the information. The cost sharing for the 1997-98 Fiscal Year will be distributed as follows: Alameda County City of Dublin City of Pleasanton City of Livermore 8.30% 21.63% 23.91% 46.16% . The cost of the Shelter operation is also off-set by revenues collected for redeemed and adopted animals. In the Fall of 1996, a new fee schedule which was approved by each of the participating agencies. Although it has not been in place for the full year, the Dew fees have offset more of the operating cost. In Fiscal Year 1996~97 the estimated net cost of the shelter is expected to be approximately $390,600. The -~- net operating cost in Fiscal Year 1997-98 is expected to increase to approximately $427,400. The costs are increasing due to changes in labor costs, full year funding of positions which may have been vacant for a portion of the prior year and inflationary costs for services and supplies. As previously noted the City only pays its share of the actual costs. The budgeted City of Dublin Animal Shelter operating costs for Fiscal Year 1997-98 are $92,450. . Fiscal Year 1996-97 is the first complete year that the Sheriff operated the new East County Animal Shelter. A Management Committee with a Staff member from each agency meets with Sheriff s Department personnel on a quarterly basis to discuss operational and budgetary issues. As with any new operation there have been unforeseen items, however, the Sheriffs Department has been responsive and open to discussing any issues affecting the operation. The original proposal by the Sheriff s Department provided for them to operate the shelter for three years. The Management Committee offers the City a voice in issues affecting the City investment in the Shelter building and addressing the appropriate levels of service. RECOMMENDATION Staff would recommend that the City Council receive the report and provide input on any issues related to the provision of these services. Since the contract for Field Services is continuously renewed, Staff would suggest that contract reviews for these services be scheduled in conjunction with the Sheriff s Contract for Police Services. The Police Services Agreement is scheduled for its next review in the year 2000. . . -~- . AGREEMENT FOR ANIMAL CONTROL FIELD SERVICES BETWEEN COUNTY OF ALAMEDA AND CITY OF DUBLIN THIS AGREEMENT, made and entered into this ./d day Oi~1 /'1jZr by and between the COUNTY OF ALAMEDA, hereinafter referred to as "cou I, nd the CITY OF DUBLIN, hereinafter referred to as "CITY". RECITALS: (a) The CITY is desirous of contracting with the COUNTY for the performance of animal control field services by the COUNTY of Alameda. (b) The COUNTY is agreeable to rendering such services on the terms and conditions hereinafter set forth. (c) Such contracts are authorized by Section 51300 et seg. of the Government Code. THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS; I. SERVICES TO BE PROVIDED a. The COUNTY agrees to provide animal control field services within the corporate limits of the CITY to the extent and in the manner hereinafter set forth. As used herein, "animal control field services" means and includes: enforcement of .laws and regulations related to animals; investigation of animal related complaints; transportation of stray animals to the animal shelter designated by the CITY; collection and transportation of animals to the shelter when deemed necessary to protect the health, safety, and welfare of the community or as required by laws and regulations; patrol activities; investigation of dog bites; collection of dead animals and provision of dog licensing services; and other related duties. Shelter Services are addressed by a separate Shelter Agreement. Such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Field Services Department of the COUNTY. The rendition of such services, the standard of performance and other matters incidental to the performance of such services, and the control of personnel so employed shall remain within the control of the COUNTY unless otherwise described in this agreement. In event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder or the level and manner of performance of such service, the COUNTY'S determination thereof shall be final and conclusive as between the parties hereto. Such service shall include the enforcement of state statutes and such municipal animal control ordinance as the CITY may adopt that is substantially the same as the COUNTY's Ordinance. b. the COUNTY agents, and agreement. . c. suppl y all the level To facilitate the performance of said functions, it is hereby agreed that shall have full cooperation and assistance from the CITY, its officers, employees, who shall be and remain CITY employees for the purpose of this E:'or the purposes of performing said functions, COUNTY shall furnish and necessary labor, supervision, equipment and supplies necessary to maintain of service to be rendered hereunder. In all instances where special / -1- EXHIBIT 1 supplies, stationary, notices, forms and the like must be issued in CITY, the same shall be supplied by the CITY at its expense. the name of the d. The CITY will conduct its own vicious animal hearings, preparation of necessary reports by COUNTY. following the e. The CITY or COUNTY may terminate those animal licensing services which relate to animal licensing, provided by the COUNTY to the CITY at any time during the term of the contract upon providing the other party with ninety (90) days advance written notice, unless a shorter time frame is agreed to in writing by the parties. Such notice shall be delivered by certified mail. Upon termination COUNTY shall provide CITY with all pertinent records. II. LIABILITY a. All persons employed by the COUNTY in the performance of the services and functions for CITY pursuant to this agreement shall be and shall remain COUNTY employees. No person employed hereunder shall have any CITY pension, civil service, or other status or right. b. CITY shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compensation to any COUNTY personnel performing services hereunder for CITY, or any liability other than that expressly provided for in this agreement. CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness ar~s~ng out of his employment. c. The CITY shall assume liability and shall pay cost of defense and hold th~ COUNTY harmless from loss, costs or expenses to the extent caused by the negligent or wrongful act or omission of CITY officers, agents, and employees occurring in the performance of this agreement. In addition, when liability arises pursuant to Section 830, et seg., of the Government Code, by reason of a dangerous condition of public property of the CITY, the CITY shall assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents, and employees arising in the performance of this agreement. d. The COUNTY will assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses to the extent caused by negligent or wrongful act or omission by COUNTY officers, agents, and employees occurring in the performance of this agreement. In addition, when liability arises pursuant to Section 830, et seg., of the Government Code, by reason of a dangerous condition of the public property of the COUNTY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents, and employees arising in the performance of this agreement. III. INSURANCE That insurance agreement between CITY and COUNTY entitled "Addendum to Service Agreements Between County of Alameda and City of Dublin and Insurance AGreement," which is in effect during the term of this agreement shall apply hereto and is fUllY. incorporated herein by reference. ,;J.. -2- IV. COST AND BILLING PROCEDURES . a. CITY shall pay COUNTY the actual cost to the COUNTY in performing services hereunder. "Actual Cost" shall be the County's direct and indirect costs of providing Animal Control Field Services specified in Paragraph I above. Actual costs shall be prorated according to patrol hours expended in Dublin compared to all other areas serviced by COUNTY. "Actual Costs" shall not include general overhead costs as defined in and determined by the Board of Supervisors pursuant to Government Code Section 51350. The following is provided for illustrative purposes only: 1. Total Annual Field Services Dept Patrol Hours: 5,000 hours. 2. # of Hours Expended on Patrol Time in CITY of Dublin: 650 hours. 3. % of Total Patrol Hours Expended in Dublin = #2 above divided by #1 above: 13.0% 4. Total Annual COUNTY Cost of Field Services: $400,000 (Including Indirect Costs)." 5. Annual Cost Attributable to Provision of Field Services to CITY of Dublin (#3 above multiplied by #4): $52,000. b. On or before March 1 st of each year, COUNTY shall provide CITY with projections for service cost during upcoming fiscal year. c. COUNTY shall provide CITY wi th monthly reports identifying the proportionate number of patrol hours provided to CITY. . d. CITY may request that COUNTY modify service level for future months if significant deviation is experienced from COUNTY projection. e. The COUNTY shall bill CITY for services quarterly. The CITY shall pay COUNTY wi thin thirty (30) days from the date of billing. If such payment is not received by COUNTY at the office which is described on said billing within thirty (30) days after the date of deli very of said billing, COUNTY is entitled to recover interest thereon. Said interest shall be at the rate of one (1) percent per calendar month or any portion thereof calculated from the date of delivery of said billing. f. COUNTY agrees that all dog license fees which it collects for dog licenses issued by COUNTY to residents of CITY shall be remitted to the CITY quarterly. COUNTY shall process remittance to CITY within 45 days of the close of the quarter. g. Notwithstanding anything to the contrary herein contained, this agreement shall be sooner terminated at any time that CITY fails to enact and to maintain in full force and effect, an animal control ordinance substantially the same as the provisions of the COUNTY'S Animal Control Ordinance. CITY shall also take legislative action to enact and maintain fees related to animal control, which are substantially similar to animal control fees established by COUNTY. h. The COUNTY agrees to keep separate records for CITY. Such records shall be open for examination by CITY during all business hours. V. COMPLIANCE WITH APPLICABLE LAWS . In performing the services to be provided pursuant to this agreement, COUNTY shall comply with all applicable State and Federal Laws and regulations, including but not Umi ted to Laws and regulations relating to discrimination and laws requiring Injury and Illness Prevention Programs. -3- VI. ~ This agreement shall commence on July 1, 1992, and shall continue from year. year thereafter unless terminated. Either party may terminate this agreement on Ju 30 of any year by written notice on or before April 1 of said year. VII. MODIFICATION This agreement may be modified in writing by mutual agreement of the parties hereto at any time. For CITY OF DUBLIN: ATTEST: APPROVED AS TO FORM: By: ~~ It/...Go?vc.- Cit Attorney For COUNTY OF ALAMEDA ATTEST: APPROVED AS TO FORM~ By: /; . Deputy County Counsel s~yhr f ;j' f ~\,:,~::~~.i- . . 'P" ~ .4.:,,4.,.. ...... '!II" . d ". ~"",' .' ..'- . By: President, ard of Superv County of Alameda ors I hereby certify under penalty of perjury that the President Supervisors has duly authorized to execute this doc~~ptrPn~lf Alameda by a majority vote of the Board on ~UL Z~ 'I~~L has been delivered to the President as provided by Government Code Dated: .lU.L 2 8 1992 /15s a:528an12.doc.psr# of the Board of of the County of ; and that a copy Section 25103. WILLIAM MEHRWEIN Clerk, Board of Supervisors County of Alameda stat~9~ California/? :) 1"l/0/- f:,,'- (' 1/>. ../ By: f-,.", /" V[/ ..A ('-"-<0 . -4- ..:. .. e.:.-. . . . ......- MEMORANDUM OF UNDERSTANDING Exhibit B ANIMAL SHELTER SERVICES This Memorandum of Understanding, made and entered into this day of , 1995 by and among the Alameda County Sheriffs Department, hereinafter referred to as "OPERATOR", and the cities of Dublin, Livermore and Pleasanton and the County, hereinafter referred to collectively and individually as' "P ARTICIP ATING EN "lu1..ES". 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 SheriH's Department as the SHELTER service provider. References to CfTIES 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 Operation Advisory Conunittee created in the Agreement among the County of Alameda and the Cities of Dublin, Livermore and Pleasanton. 'i: RECITALS: . ; ".'; a. The PARTICIPATING EN"lIIIES are desirous of contracting with the ,"t OPERATOR for the performance of animal shelter services. J ,. ~ + t~ _:. . ~ ":" . i.~~: .~... . b. The OPERATOR is agreeable to rendering such services on the terms , I; [": - :'.' ~~ . "'!II' and conditions hereinafter set forth. _ . f . . - - ~ f . 5 B-1 EXHIBIT 2 c. Such contracts are authorized by Section 51300 et seq. of the Government Code. . d. The City of Dublin contracts for Animal Control Field Services and Animal Licensing with Alameda County under a separate agreement. 1HEREFORE, TIlE PARTIES HERETO AGREE AS FOLLOWS: 1. SERVICES TO BE PROVIDED OPERATOR agrees to provide animal shelter services to P ARTICIF' ATING ENTITlES for animals impounded pursuant to Oty ordinance, County codes and State law as provided for in the OPERA TOR'S response to request for proposal as modified and included in Attaclunent A. Such services shall include; but not be limited to, receiving live animals at the SHELTER; providing live animals at the SHELTER with food, water, farrier and/ or veterinary care, euthanizing animals not otherwise adopted, redeemed, sold or donated to adoption organizations, and disposing of dead animals.. , . OPERATOR shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the level of services to be rendered hereunder except as othelWise required of P ARTICIF' A TIN"G EN HIlliS in this contract. OPERATOR shall designate the individual to function as shelter supervisor. ll. PAYMENT FOR SERVICES 1. The PARTICIPATING ENTlllES shall share in the cost of services provided under this Memorandum of Understanding. Payment shall be based on the PARTICIPATING ENTITlES percentage share of the total number of live animals handled at the SHELTER, in the previous calendar year ending December 31. The method to be used to determine the percentage share for PARTICIPATING ENlll1t.S. is shown in Attachment B. A new calculation of the pro rata share will be applicable - t, B-2 .... .::- - . . "'-; .~. to each Fiscal Year (July 1 - June 30) for services provided under this agreement. For example, the 1995-96 Fiscal Year Pro Rata Share shall be calculated based upon the 1994 Calendar Year live animal statistics. 2. OPERATOR shall distribute cost and use information as specified in Attachment B no later than March 31st for each year. The distributed information shall be calculated based upon the total number of live animals handled in the previous calendar year and shall be in a format similar to Attaclunent B. 3. OPERATOR shall maintain and make available for reVIew, by any "participating entity", vy-ith reasonable notice, during regular business hours, documentation and records supporting the calculation of pro-rata share. 4. In the event that the SHELTER is used to provide animal shelter services for other areas, including w1incorporated areas of Alameda County currently serviced from the Fairmont Animal Shelter, OPERATOR shall immediately revise the cost sharing in a manner consistent with Attaclunent B. This adjustment may occur other than at the beginning of a Fiscal Year. This section shall also be operative in the event that a "participating entity" withdraws from the program. m. COST OF SHELTER SERVICES TO BE SHARED . ' 1. On an annual basis, on or before March 31st, OPERATOR shall provide a proposed budget estimate of the annual cost of providing shelter services as shown in Attachment C. Said estimate shall mclude but not be limited to; personnel salaries including benefits, operating" services and supplies'" furnishings, equipment, , building/ grounds maintenance, utilities: iIldirect charges, etc. 2. The budget estimate identified in subsection "1." immediately above, shall be presented to the COMMITTEE along with projected revenue and expense information ? B-3 for the current Fiscal Year and projections of estimated revenue for the upcoming Fiscal Year. Any proposed changes in SHELTER operations, including but not limited to, t. number of personnel assigned, shall be clearly identified with a narrative explanation which includes information supporting the revision. COMMITTEE shall review and, if appropriate, recommend" service level changes to be included in the budget prior to its review by the PARTICIPATING EN lIlIES. 3. If the proposed budget is not approved by the P ARTIClP A TING EN llllliS, the COMMTITEE and OPERATOR will be promptly notified of any concerns with the recommended level of service. Each entity will be responsible for its pro rata share of the agreed upon service level unless it chooses to withdraw from the agreement. Service level changes will require approval of at least a majority of the P ARTICIP ATING EN HIlliS. 4. Within 30 days of th~ adoption of a budget by each participating entity, the..-' shall inform OPERATOR in writing that the entity has appropriated funds.in it's fiscal year budget to meet its estimated pro rata share of the SI1ELTER cost. 5. Each participating city shall make quarterly payments to OPERATOR at the end of each quarter. Payments shall be due within thirty (30) days from the date a billing is received from OPERATOR. If payment is not received by OPERATOR within thirty (30) days of the due date, OPERATOR is entitled to recover interest thereof. Said interest shall be at the rate of one (1) percent per calendar month or any portion thereof calculated from the due date. Quarterly billings will be calculated as follows: a. 25% of Annual Total Operating Cost as Shown In Attachment C b. Less Shelter Revenue for quarter. . ~ B ~ 4 e.. e. e- .~~:.- c. Equals Total Net Shelter Operating Cost For Quarter For All Participating Entities. AMOUNT TO BE PAID FOR QUARTER BY P ARTICIP A TING ENTITY. Pro rata entity share. as shown in Attachment B times the Net Quarterly Cost shown in 5c. above. An example of the methodology to be used in preparing the quarterly billing is shown in Attachment D. 6. Within 90 days following the close of the Fiscal Year, OPERATOR shall reconcile prior fiscal year costs with payments made. The subsequent quarterly billing shall include an adjustment for any credit or charge associated with the previous Fiscal Year. IV. GENERAL CONDmONS 1. 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 the COMMITTEE and approved by the OPERATOR. 2. All animals not redeemed within the agreed time period may be sold or given away to any person other than the owner, at the discretion of the shelter supervisor, subject to written policy. 3. All animals not redeemed, sold, or given away pursuant to the agreement shall be humanely disposed of by OPERATOR 4. When an ~ is delivered to the SHELTER by CITIES personnel for the specific purpose of euthanasia, the euthanasia fee will be paid by city. 5. Dead animals delivered by CTI1ES 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 1 B - 5 said container. Any exceptions to this policy must be approved by the OPERA TOR. 6. OPERA TOR shall keep records of animal type, identifying marks, an. time and place of pickup. OPERA TOR shall also keep appropriate records of animals surrendered at shelter. 7. OPERA TOR shall provide forms for CITIES use only for live or dead animals brought to SHELTER. The CITIES will be responsible for their own internal reporting proced UTes not part of this agreement. 8. No sick or injured animal will be brought to the SHELTER unless and until it has been examined, properly treated and released by a veterinarian. Animals deemed by OPERATOR personnel to need veterinary care shall not be received by OPERATOR without written veterinary clearance to hold them at the shelter. 9. The placement of animals in the SHELTER shall comply with all procedures established by the County Director of Field Services, as reviewed by thee .. COM1vITITEE. 10. Indigenous wild animals protected .under State law picked up by CITIES must be turned over to the State Department of Fish and Game by CITIES. 11. The OPERATOR will collect CITIES dog license fees only for dogs redeemed or adopted from the SHELTER. Those fees will be remitted in full to the CITIES. Dog license fees collected will not be considered shelter revenue for the purpose of calculating net operating cost. 12. OPERATOR will charge fees for shelter services in the amount established and ratified by the PARTICll'ATING ENllllliS. Effort will be made to establish uniform fees. Payment of such fees may be waived at the discretion of thee OPERATOR, subject to written policy. If) B - 6 e e- e 13. CITIES agree to make all reasonable efforts to return licensed dogs and other animals otherwise identified to their owner before delivering such dogs or other animals to the SHELTER. V. SHELTER OPERATIONS ADVISORY COMMITTEE 1. A Shelter Operations Advisory Corrunittee has been formed to review general conditions of SHELTER and to make recommendations to OPERATOR regarding said matters. COMMITTEE and OPERATOR shall meet quarterly or as needed to discuss recommendations. The COMMITTEE will have access to all records of the SHELTER, and will receive quarterly reports from SHELTER staff regarding operations, policies and procedures, financial operation, maintenance of the facility, and proposed budget items. The COMMITTEE may request and receive information regarding the above matters from ?HELTER staff as necessary to understand those matters within the purview of the Committee. 2. The policies and procedures, staffing and operation of the SHELTER as set forth in the OPERATOR's response to request for proposal as amended and incorporated herein, Attachment A, are accepted by COMMITTEE and establishes the standard .under which the OPERATOR will perform. 3. In the event that OPERATOR desires to make any changes of substance to the policies and procedures, operations, or maintenance of the shelter, OPERATOR shall confer with COMMTITEE and obtain the advice and recommendations of COMMTITEE before making such changes. Changes implemented without the concurrence of the majority of the COMMITTEE will not be the finandal responsibility of the participating CITIES. 1/ B - 7 4. From time to time the COMMITTEE may initiate recommendations regarding operations, policies and procedures, financial operations and maintenance. the facility. OPERA TOR agrees to give such recommendations due consideration. VI. NO CHANGE IN EMPLOYMENT EFFECTED HEREBY All persons employed by OPERA TOR to perfo~ services pursuant to this Agreement shall be and remain OPERA TOR employees and shall at all times, be under the direction and control of OPERATOR No CITIES employee shall perform services which OPERATOR is obligated to provide under this Agreement. All persons employed by OPERA TOR to perform the 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. For the purpose of performing the services under this Agreement, and for th_______, purpose of giving official status to the performance thereof where necessary, every OPERA TOR officer and employee engaged in the performance of any service hereunder shall be deemed to be an agent' of the CITIES while performing services for CITIES, which services are within the scope of this Agreement and are purely municipal functions. Notwithstanding the agency relationship create~ by this provision, CITIES shall not be liable for any act of omission of any OPERATOR officer or employee unless otherwise specifically provided elsewhere in this Agreement. 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. . /.. Ii- B - 8 e e,. , . e- -'"'-- . . 1'7 VII. INDEMNIFICA TION 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 of omissions of CITIES in the performance of the scope of work exc:ept those arising by reason of the sole negligence of the COUNTY, its officers, employees or agents. COUNTY agrees to defend, indemnify and hold harmless CITIES, their officers, employees and agents, from any and all acts, claims, liabilities and losses by whomever asserted arising out of acts or omissions of the COUNTY in the performance of the scope of work except those arising by reason of the sole negligence of CTI1E5, their officers, employees and agents. VIII. TERM This agreement shall commence on , 1995, and shall continue for three (3) years thereafter unless terminated. Either the OPERATOR or the PARTICIPATING ENIUlliS may terminate this agreement on June 30 of any year by written notice on or before January 15 of said year. Termination initiated on behalf of the PARTICIPATING ENTu.Lf:.S shall require a majority vote. Upon termination of this agreement, interests in furnishings and equipment will remain with the P ARTICIP A TIN"G ENTmES. IX. MODIDCATION This agreement may be modified in writing by mutual agreement of all parties hereto. B - 9 ATTEST: APPROVED AS TO FORM: KEL VIN BOOTY, COUNTY COUNSEL By: !~/d- CITIES: B~c.--c:<L ( Richard Ambrose, Manager City~f 'n ~ ATTEST: ).1 _ e-L. tv C erk By; Deborah Acosta, City Manager City of Pleasanton COUNn' OF ALAMEDA: By: Susan S. Muranishi County Administrator ;0/ By: ~~~ President, Board of Supervisors County of Alameda By: Lee Homer, Qty Manager City of Livermore By: Charles C. Plummer Sheriff ~ . . .