HomeMy WebLinkAbout4.05 Amend Animal Shelter Svs
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CITY CLERK
File # O[f;][Q][flJ-@f()l
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 20, 1999
SUBJECT:
Amendment To Agreement For Animal Shelter Services
~fJ Report Prepared by Paul Rankin, Assistant City Manager
ATTACHMENTS:
1.
1996 Agreement For The Maintenance & Operation of The
East County Animal Shelter
Memorandum of Understanding - Animal Shelter Services
Resolution
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3.
RECOMMEl'\"'DATION: ~ Adopt Resolution
FINAN CIAL STATEMENT: The City pays its proportionate share of the Animal Shelter
Operating Costs. In Fiscal Year 1999/2000 Dublin's share will be 8.75%.
DESCRIPTION:
In 1992 the cities and the County entered into a Joint Powers Agreement for the purpose of constructing
the Animal Shelter. When the construction was complete in the last quarter of 1995, the agencies met to
discuss alternatives to manage the day to day operations of the Animal Shelter. An RFP was developed by
the Alameda County General Services Agency and the Sheriffs Department was the only entity to respond.
. The agencies established a structure with several components to manage the operation.
In January 1996, the City Council approved an Agreement for the Maintenance and Operation of the East
County Animal Shelter. (Attachment 1) This agreement was also approved by the City Councils of
Pleasanton and Livermore, and the Board of Supervisors. This document establishes how the agencies
will jointly share the operating costs. The Agreement also establishes the Management Committee with a
Staff representative from each agency. The Agreement was intended to stay in place even if the Operator
changed. The term of the Agreement is to coincide with the 30 year term of the debt service.
A second component to the Agreement was a Memorandum of Understanding (MOU) between the
Sheriffs Department, as the Shelter Operator, and the agencies.(Attachment 2) This document also served
as Exhibit B of the Agreement. This document was executed by the City Managers/County Administrator
and the Sheriff. The MOU format was used since the "Operator" is an Operating Department of one of
the participating agencies. Unlike the Agreement, the MOU contained a 3 year term. The termination
clause provides for cancellation, provided that notice is provided by January 15th to be effective the
following June 30th. The term of the MOU has now lapsed and the Shelter Management Committee is
recommending an extension. Although the stated expiration date was in January 1999, the Sheriffs
Department has continued to manage and operate the facility.
Mana2ement Committee Recommendation
The Management Committee provides the City with direct input on issues affecting the City investment in
_the Shelter building and addressing the appropriate levels of service. Each agency has a Staff
epresentative to the Management Committee. Currently the Assistant City Manager is the designated
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ITEM NO.
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COPIES TO:
representative. It is anticipated that this assignment will be transitioned to the Police Services
Administrative Assistant in the coming months.
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The Shelter Management Committee has met and discussed possible changes to the current MOV with the
Operator. In order to fully evaluate the operation and identify possible changes, additional time is
required. The need for the additional time is due to several factors including: (a) The Sheriffs
Department recently had a change in the assigned personnel supervising this activity. Captain Buckbout is
in the process of completing a thorough review of the operation and any issues. (b) Since the original
term started in the middle of a fiscal year, only two complete fiscal years of data were available at the time
of the expiration. (c) As a new facility there was a transition period and a lag in achieving full staffing.
(d) The Sheriffs Department is currently evaluating the availability of automated systems to assist in
providing necessary statistics.
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Given all of these factors, the Management Committee believed that the extension will provide additional
time to discuss with the Sheriffs Department any operating issues. The Committee is also considering as
part of the 1999/2000 Fiscal Year Budget, sharing the cost of an operational audit to assist in identifying
appropriate changes in the operating MOD. An extension to June 30, 2000 will require that the terms of a
future Agreement be identified by January 15, 2000, since a six month notice is required if the agencies
elect to seek another provider.
Recommendation
Attachment 3 is a Resolution which contains an amendment to the current terms to extend the services
Animal Shelter Services provided by the Alameda County Sheriffs Department. The original Operator
MOV was executed by the City Manager and the adoption of this resolution will authorize the City
Manager to Execute the amendment on behalf of the City ofDuhlin. This action will extend the current
MOV to June 30, 2000. .
Staff recommends that the City Council adopt the Resolution.
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ATTACHMENT 1
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AGREEMENT AMONG TIm COUNTY OF ALAMEDA AND
mE CITIES OF DUBLIN, LIVERMORE AND PLEASANTON
FOR 1HE MAINTENANCE AND OPERATION OF TIlE
EAST COUN1Y ANIMAL SHELTER
This AGREEMENT is entered into by and among the County of Alameda (hereinafter
referred to as "COUNTY") and the cities of Dublin, Livermore, and Pleasanton
(hereinafter referred to as "CITIES") and shall be effective as of January 2, 1996. This
AGREEMENT is entered into in consideration of the following matters:
WHEREAS, the COUNTY and the CITIES have determined that the construction of a
new animal shelter is necessary to provide service to the CITIES and unincorporated
COUNTY area; and
WHEREAS, the COUNTY and the CITIES entered into an AGREEMENT dated
September 15, 1992, regarding the cost sharing for the construction of a new animal
shelter; and
WHEREAS, the COUNTY and the CITIES (hereinafter referred to as "P ARTICIP A TING
ENTITIES") desire to enter into this AGREEMENT in order to set forth the governing of
shelter operations and maintenance including the method for sharing the cost of these
services.
NOW, THEREFORE, the P ARTIell' A T1NG EN I 1 I.l.hS agree as follows:
1. Purpose of A~eement
The P ARTICIP A TING ENTITIES agree to enter into this AGREEMENT for the
purpose of establishing the governance of the operations and maintenance of the
East County Animal Shelter (hereinafter referred to as "SHELTER") including the
method for sharing the cost of SHELTER services.
2. Shelter Operations Advisory Committee
For the purposes of this AGREEM:ENT, a Shelter Operations Advisory Committee
(hereinafter referred to as "COMMI'ITEE") shall be formed and comprised of one
representative from each of the P ARTIeIP A TING EN1lTlES. On an annual basis,
one of the members shall act as the chairperson for the COMMITTEE and shall
serve as the liaison with any contractor/agency providing services or affiliated
with SHELTER.
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The COrvrMTlTEE shall be responsible for the following:
A. Review the Annual Operating and Capital Improvement Budgets and Fees
and make recommendations to the respective elected bodies of each
member's agency.
B. Review and make recommendations as appropriate to the member's
respective elected bodies regarding contracts including any contract for a
SHEL 'fER seIVices provider.
c. Review and recommend procedures to the shelter operator to be used in
the SHEL 'fER regarding the processing of animals and services provided
to the public.
D. Review and establish facility maintenance practices and procedures.
E. Initiate and when appropriate review information intended to inform and
educate the public regarding the animal control services and policies of the
PARTICIPATING EN J J IlliS.
F.
Review and recommend risk management procedures to the shelter
operator.
Members of the COMMl1TEE shall attempt to have all recommendations and decisions
based on the consensus of the COMMI1TEE's members. In the absence of consensus,
a majority vote (three members) is required. Matters subject to approval .of the
PARTICIPATING EN J 1 J u:::S require a majority vote (three agencies) for adoption.
The COM:MITTEE shall meet at least quarterly each year.
3. Cost Sharin~
The PARTICIPATING EN JIliES agree to share the cost of SHELTER operations
and maintenance. The cost sharing ratio for the SHELTER shall be based on the
total nwnber of live animals handled at the SHELTER on behalf of each CITY and
the COUNTY for the previous calendar year ending December 31 based on the
formula set forth in Exhibit A. The cost sharing ratio resulting from data for the
calendar year ending December 31 will be applicable to each succeeding fiscal
year commencing July 1.
Any funds due as a result of the sharing ratio as described herein, shall be due
and payable on a quarterly basis to the service provider selected by the
COMMI1TEE through contrach.tal agreement.
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4.
Shelter Services Provider
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The PARTICIPATING EN 111l.l::5 intend to utilize a service provider for the "day-
tcH:iay" operations of the SHELTER. Such services may include, but are not
limited to, the receiving of live animals, providing live animals at the SHELTER
with food, water, farrier and/or veterinary care, euthanizing animals, not
othenvise adopted, redeemed, sold or donated to adoption organizations, the
disposing of dead animals, maintaining records regarding SHELTER activities
including financial matters, preparation of annual operating budget, SHELTER
maintenance, and public infonnation services.
5. Contract Amendments
This AGREEMENT fully expresses the intent of the PARTICIPATING EN IlllliS
with respect to the maintenance and operation. of the SHEL 'fER Any
modification/ amendment, or alternation of the tenns and conditions of this
AGREEMENT must be by means of a contract amendment approved by a
majority of the PARTIeIF' A TING EN IlllliS. Except that during the term that the
Alameda County Sheriff's Department is the service provider, any modification
and/ or changes to Section 2C of the agreement shall require the approval of the
a I JJ::5 and the COUNTY. No oral conversation between Ml;y officer or employee
of the P ARTICIP A TING ENTITIES shall modify any of the terms and conditions
of this AGREEMENT.
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6. Indemnification
It is understood and agreed that pursuant to Government Code Section 895.4 each
entity shall, to the extent permitted by law, defend, indemnify and hold harmless
every other entity and its officers and employees, from all claims, suits, or actions
of every named kind and description resulting from indenutitor performance of
the AGREE1YfENT, excluding any injuries, death, damage or liability resulting
from the negligence or willful misconduct of the indemnitee or its officers or
employees. .
7. 5everabili~
If any term or provision of this AGREEMENT shall to any extent be determined
by a court of competent jurisdiction to be invalid or unenforceable the remainder
of this AGREEMENT shall not be effected thereby, and each term and provision
of this AGREEMENT shall be valid.
8. Term of A~eement
This AGREEM:ENT shall be in full force and effect unless otherwise terminated
by a majority of the PARTICIPATING EN 111lliS.
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CITY OF DUBLIN
ATTEST: if .
By:
B OIL -SPA
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lity er ayor
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APPROVED AS TO FORM:
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By: '� ��•�
City Attorney
ATTEST:
By:
President, Board of Supervisors
County of Alameda
APPROVED AS TO FORM:
KELVIN BOOTY, COUNTY COUNSEL •
By: Zalet26,2/t1
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1 hereby certify under
that a cots d obee ent on blty ofpethery that the ent
copy has ehalf of Count Presid of the
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n delivered to the President ov dada by a majority Y votupervisors
execute Date: Iorit a of the Was duly authorized to
3/21/96 ATTEST:
Government Code Sectt10 and on 1/3U/96
n 251 _—,and
S�LENE f BLOOM,
.3. of��� Petvisors. County Acting C1crk of the Board
• �� lameda,State of California f
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ATTACHMENT 2
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MEMORANDUM OF UNDERSTANDING, Exhibit B
ANIMAL SHELTER SERVICES
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This Memorandum of Understanding, made and entered into this I day of
eawarl, , 199fiby and among the Alameda County Sheriff's Department, hereinafter
referred to as "OPERATOR", and the cities of Dublin, Livermore and Pleasanton and the
County, 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 Department
as the SHELTER service provider.
References to CITIES shall mean the cities of Dublin, Livermore and Pleasanton.
The CLUES' responsibilities may be delegated to a third party under contract with the
corresponding city.
References to COMMITTEE shall mean the Shelter Operation Advisory Committee
created in the Agreement among the County of Alameda and the Cities of Dublin,
Livermore and Pleasanton.
RECITALS:
a. The PARTICIPATING ENTITIES are desirous of contracting with the
OPERATOR for the performance of animal shelter services.
b. The OPERATOR is agreeable to rendering such services on the terms
and conditions hereinafter set forth.
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Such contracts are authorized by Section 51300 et seq. of the
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Government Code.
d. The City of Dublin contracts for Animal Control Field Services and
Animal Licensing with Alameda County under a separate agreement.
TI-IEREFORE, mE PARTIES HERETO AGREE AS FOLLOWS:
I. SERVICES TO BE PROVIDED
OPERATOR agrees to provide animal shelter services to PARTICIPATING
EN lIlIES for animals impounded pursuant to City ordinance, County codes and State
law as provided for in the OPERATOR'S response to request for proposal as modified
and included in Attachment 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,
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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
otherwise required of PARTICIPATING EN'llllliS in this contract. OPERATOR shall
designate the individual to function as shelter supervisor.
II. PAYMENT FOR SERVICES
1. The PARTICIPATING EN I111l:S shall share in the cost of services provided
under this Memorandum of Understanding. Payment shall be based on the
P ARTICIP A TING EN llllliS 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 ENllllliS .
is shown in Attachment B. A new calculation of the pro rata share will be applicable
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. 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.
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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", with 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 unincorporated areas of Alameda County currently serviced from
the Fairmont Animal Shelter, OPERATOR shall immediately revise the cost sharing in
a manner consistent with Attachment B. nus 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 include but not be limited to; personnel salaries
including benefits, operating services and supplies, furnishings, equipment,
building/ grounds maintenance, utilities, indirect 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
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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, the e
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 P ARTIerp A TING ENTITIES.
3. If the proposed budget is not approved by the PARTIeIF' A TING ENTITIES, the
COMMITTEE 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 PARTICIPATING
EN HIlliS.
4. Within 30 days of th~ adoption of a budget by each participating entity, they e
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 SHELTER cost.
5. Each participating city shall make quarterly payments to OPERA TOR 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.
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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 Attachment B.
3. OPERATOR shall maintain and make available for review, by any
"participating entity", with 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 unincorporated areas of Alameda COWlty currently serviced from
the Fairmont Animal Shelter, OPERA TOR shall immediately revise the cost sharing in
a manner consistent with Attachment 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.
ill. 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 include but not be limited to; personnel salaries
including benefits, operating services and supplies, furnishings, equipment,
building/ grounds maintenance, utilities, indirect charges, etc.
2. The budget estimate identified in subsection "1." immediately above, shall be
presented to the COMMTITEE along with projected revenue and expense information
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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, the e .
number of personnel assigned, shall be clearly identified with a narrative explanation
which includes information supporting the revision. COMMfITEE shall review and, if
appropriate, recommend service level changes to be included in the budget prior to its
review by the P ARTICIP A TING ENTITIES.
3. If the proposed budget is not approved by the PARTIeIF' A TING ENTITIES, the
COMMITTEE 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 ARTICIF' ATING
EN llliES.
4. Within 30 days of the adoption of a budget by each participating entity, they e
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 SHELTER 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.
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c. Equals Total Net Shelter Operating Cost For Quarter For All Participating
Entities.
AMOUNT TO BE PAID FOR QUARTER BY PARTICIPATING ENTITY.
Pro rata entity share'as shown in Attaclunent 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.
N. 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 OPERA TOR.
4. When an ~l 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 CITIES to SHELTER shall be placed in
containers provided by OPERATOR and will not have collars, chains, bandages, flea/tickPcollars, etc. on the dead animals or be delivered for disposal within anything other than
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said container. Any exceptions to this policy must be approved by the OPERA TOR.
6. 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.
7. OPERATOR shall provide forms for CIT1ES use only for live or dead
animals brought to SHELTER. The CITIES will be responsible for their own internal
reporting procedures 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
OPERl\TOR without written veterina.zy clearance to hold them at the shelter.
9. The placement of animals in the SHELTER shall comply with all
procedures established by the Count}. Director of Field Services, as reviewed by the ..
COM:MI1TEE.
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 CmES 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 PARTICIPATING EN 111ll::S. Effort will be made to
establish uniform fees. Payment of such fees may be waived at the discretion of the
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OPERATOR, subject to written policy.
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. 13. CITIES agree to make all reasonable efforts to return licensed dogs and
other animals otheIWise identified to their owner before delivering such dogs or other
animals to the SHELTER.
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V. SHEL TER OPERA TraNS ADVISORY COMMIITEE
1. A Shelter Operations Advisory Conunittee has been formed to review
general conditions of SHELTER and to make reconunendations to OPERA TOR regarding
said matters. COMMITTEE and OPERA TOR shall meet quarterly or as needed to
discuss reconunendations. 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 COMWTTEE may request and receive information regarding the
above matters from SHELTER 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 COMWTTEE 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 CO~fITEE and obtain the advice and recommendations
of COMMTITEE before making such changes. Changes implemented without the
co~currence of the majority of the COMMITTEE will not be the financial responsibility
of the participating CITIES.
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4. From time to time the COMMITTEE may initiate recommendations
regarding operations, policies and procedures, financial operations and maintenance Of. .
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 OPERATOR employees and shall at all times, be under
the direction and control of OPERA TOR. 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 OPERA TOR 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 the .
purpose of giving official status to the performance thereof where necessary, every
OPERATOR 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 created 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 OPERA TOR personnel performing services hereunder for
OPERATOR or any liability other than that provided for in this agreement.
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vn. INDEMNIFICA nON
CITIES agree to defend, indemnify, and hold hannless 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 except those arising by reason of the sole negligence
of the COUN1Y, 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 CITIES,
their officers, employees and agents.
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vm. TERM
TItis agreement shall commence on January 2, 1996, and shall continue for
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three (3) years thereafter unless terminated. Either the OPERATOR or the
PAKfICIPATING EN I'lnliS 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 EN11TIES shall
require a majority vote.
Upon termination of this agreement, interests in furnishings and equipment
will remain with the PARTICIPATING EN IlllliS.
IX. MODIFICATION
TItis agreement may be modified in writing by mutual agreement of all
. parties hereto.
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CITIES:
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ATTEST: i1~ C ,{rk (. c.J---
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By:
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e Horner, CIty Manager
City of Livermore
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COUNTY OF ALAMEDA:
By:
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Susan S. Muranishi
County Administrator
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By: ?--~~___~4'__~-
Charles C. Plummer
Sheriff
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CITIES:
By:
Richard Ambrose, City Manager
City of Dublin
By:
Lee Homer, City Manager
City of Livermore
By: ~d\~
Deborah Acosta, City Manager ~
City of Pleasanton
COUNTY OF ALAMEDA:
By:
By:
Charles C. Plummer
Sheriff
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Susan S. Muranishi
County Administrator
RESOLUTION NO. - 99
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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Authorizing An Amendment To The Animal Shelter Operating Agreement
Originally Approved By Resolution No. 6-96
WHEREAS, the City Council adopted an Agreement For the Maintenance and Operation of the
East County Animal Shelter (AGREEMENT) on January 9, 1996; and
WHEREAS, Resolution No. 6-96 approved the Agreement and authorized the City Manager to
execute a Memorandum of Understanding (MOU), which was attached to and incorporated into the
AGREEMENT; and
WHEREAS, the MOU established the procedures under which the Alameda County Sheriffs
Department would operate the Animal Shelter; and
WHEREAS, the term ofthe MOU provided that the Sheriffs Department would continue as the
Operator of the Shelter through January 1999;
WHEREAS, the participating agencies have determined that it would be beneficial to extend the
.current MOU through June 30, 2000; and
WHEREAS, attached hereto as Exhibit A is an amendment which will be submitted to all ofthe
participating agencies.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City
Manager to execute the Amendment attached hereto as Exhibit A on behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 20th day of April, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
.
City Clerk
ATTACHMENT 3
jY t( 4'
" ~
AMENDMENT TO AGREEMENT AMONG TilE COUNTY OF ALAMEDA AND
TIlI~ CITIES OF DUBLIN, LIVERMORE AND PLEASANTON
FOR TIlE MAINTENANCE AND OPERATION OF TilE
EAST COUNTY ANIMAL SHELTER
.
Reference is made to Contract No. C-96-392, made and entered into on the 9th day of
January, 1996, by and among the County of Alameda, hereinafter referred to as "COUNTY," and
the cities of Dublin, Livermore and Pleasanton, hereinafter referred to as "CITIES:'
Said contract is hereby amended in the following manner:
Exhibit 13. Section V Ill-TERM of the Memurandum of Understanding, Animal Shelter
Services. is amended to read:
"This agreement shall commence on January 2, 1996, and shall continue to June 30,
2000, unless terminated. Either the OPERATOR or the PARTICIPATING ENTITIES
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
ENTITIES shall require a majority vote. Upon termination of this agreement, interests in
furnishings and equipment will remain with the PARTICIPATING ENTITIES."
.
Except as herein amended, said contract is continued in fuIl force and effect. This
Amendment is effective the 2nd day of January 1999.
COUNTY OF ALAMEDA
Wilma Chan, President
Alameda County Board of Supervisors
Approved as to form:
Richard E. Winnie, County Counsel
CITIES:
.
EXHIBIT A
By:
Richard ,Ambrose, City Manager
City of Dublin