HomeMy WebLinkAboutItem 4.02 Animal Shelter MOU
STAFF REPORT CITY CLERK
File #600-40
CITY COUNCIL
DATE:June 3, 2014
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approval of a Memorandum of Understanding with the Alameda County Sheriff’s
Office for the Operation of the East County Animal Shelter
Prepared by Amy Cunningham, Assistant to the City Manager
EXECUTIVE SUMMARY:
The cities of Dublin, Livermore, and Pleasanton (Cities) and Alameda County (County) jointly
own and operate the East County Animal Shelter (Shelter) located at 4595 Gleason Avenue in
Dublin. Since its opening in 1994, the Shelter has been operated by the Alameda County
Sheriff’s Office in accordance with a Memorandum of Understanding for Animal Shelter Services
(MOU). The MOU has expired and the Cities and County have worked cooperatively to prepare
an amended MOU that retains the Sheriff’s role as Shelter operator for a period of three years
with a provision for two extensions of two years each. The Cities and County pay for the
Sheriff’s services based on the number of live animals processed through the shelter.
FINANCIAL IMPACT:
Funding for Shelter Services is included in the Animal Control budget at $153,195. The amount
paid each year fluctuates based on live animal counts at the shelter. Adequate funding exists in
the budget for Fiscal Year 2014-2015.
RECOMMENDATION:
Resolution
Staff recommends that the City Council adopt a Authorizing the City Manager to
Execute the Memorandum of Understanding Animal Shelter Services.
Submitted By Reviewed By
Community Development Director Assistant City Manager
DESCRIPTION:
In 1992, the Cities and County entered into an agreement to jointly pay for the construction of a
new East County Animal Shelter (Shelter) at 4595 Gleason Avenue, Dublin. The Shelter
currently serves the cities of Dublin, Livermore and Pleasanton and unincorporated areas of
ITEM NO. 4.2
Page 1 of 3
Alameda County and is the only animal shelter operated by the Cities and County. Since its
opening in 1994, the Shelter has been operated by the Alameda County Sheriff’s Office.
In 1996, the Cities conducted a Request for Proposal process in an attempt to identify the most
qualified shelter provider. The Sheriff’s Office was the only agency that submitted a proposal
and the Cities and County determined that it was well qualified to operate the Shelter and an
MOU was approved memorializing its responsibilities. Since that time, the Cities and County
have informally considered options for an alternative operator but have consistently determined
that the Sheriff’s Office offers the best alternative for Shelter operations.
The Sheriff’s Office is responsible for providing all shelter personnel, Shelter maintenance
(through the County’s General Services Agency (GSA)), implementing animal related programs,
including licensing, providing board and care for all Shelter animals and euthanasia. A total of
approximately 3,700 live animals were processed through the Shelter in 2013. The Sheriff’s
Office also works closely with the cities’ animal control enforcement officers and 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 Cities and County maintain a Shelter
Operations Advisory Committee which meets regularly to review all shelter operations and
activities, including budget and expenditures.
The Shelter’s Fiscal Year 2014-2015 annual operating budget is estimated at $1,350,000, of
which approximately half is for shelter personnel salary and benefits. Annual Shelter
maintenance is estimated at approximately $300,000 and the Cities pay an indirect charge of
approximately $133,000 (currently 17.5% of total costs) to Alameda County for general
overhead/administrative costs. The cost of shelter operations is partially off-set by revenues
collected for redeemed and adopted animals. Based on the number of live animals processed
at the Shelter in calendar year 2013, Dublin is responsible for 12.35% of Fiscal Year 2014-2015
Shelter costs.
Memorandum of Understanding
The recommended MOU memorializes the roles and responsibilities for the Sheriff’s Office and
the Cities and County as it relates to operation of the Shelter. A summary of significant Sheriff’s
Office duties include the following:
Receiving animals at the Shelter, providing all animals with food, water, farrier and/or
veterinary care, euthanizing animals not otherwise adopted, redeemed, sold or donated,
spaying/neutering of dogs and cats, and disposing of dead animals.
Training Shelter personnel and providing equipment necessary to carry our Shelter
operations.
Operate in accordance with related codes and laws.
Prepare an annual operating budget.
Provide all invoicing and collection of payments.
Retain records of animal types, time and date of collection, adoptions, veterinary care, etc.
The Cities and County are responsible to:
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Staff the Shelter Operations Advisory Committee which is responsible to establish service
standards, review policies and practices, and approve the annual operating budget.
Provide recommendations regarding Shelter operations and services.
Review proposed changes to procedures and operations.
The proposed agreement is substantially unchanged from the prior agreement, with minor
modifications to ensure language consistency throughout the document and clarification of
timelines to the invoicing process. As indicated previously, the proposed MOU is for a period of
three years with the potential for two extensions of two years each.
In regarding to processing the MOU, Staff anticipates that the Cities will take action and then the
MOU will be presented to the Alameda Board of Supervisors for consideration and approval.
The effective date of the MOU will be the date approved by the Alameda County Board of
Supervisors.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving MOU for Shelter Operations
2. Proposed MOU for Shelter Operations, with attachments
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RESOLUTION NO. XX - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING MEMORANDUM OF UNDERSTANDING
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 in 1994, the facility has been operated by
Alameda County Sheriff’s Office in accordance with a Memorandum of Understanding Animal
Shelter Services; and
WHEREAS,
since that time the Cities and County have informally considered options for
an alternative operator but have consistently determined that the Sheriff’s Office offers the best
alternative for Shelter operations; and
WHEREAS,
the existing MOU has expired and the Cities and County have worked
cooperatively to prepare an amended MOU for shelter operations by Alameda County
Sheriff’s Office; and
WHEREAS,
the proposed MOU is for a term of three years with the potential for two
extensions of two years each; and
WHEREAS,
a Staff Report setting forth in further detail the background and terms of the
Memorandum of Understanding has been submitted to the City Council for consideration of this
request.
NOW, THEREFORE, BE IT RESOLVED
the City Council of the City of Dublin does
hereby approve the Memorandum of Understanding Animal Shelter Services with the Cities of
Dublin, Livermore and Pleasanton and County of Alameda and Alameda County Sheriff’s Office.
BE IT FURTHER RESOLVED
that the City Manager is authorized and directed to
execute the Memorandum of Understanding and such other documents, and to take such other
and further action, as necessary and appropriate to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED
this 3rd day of June 2014, by the following vote:
AYES
:
NOES
:
ABSENT
:
ABSTAIN
:
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______________________________
Mayor
ATTEST
:
_________________________________
City Clerk
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MEMORANDUM OF UNDERSTANDING
ANIMAL SHELTER SERVICES
This Memorandum of Understanding (M.O.U.) is made and entered into this ________ day of ________, 2014 by
and among the Alameda County Sheriff's Office, hereinafter referred to as "OPERATOR", and the cities of Dublin,
Livermore and Pleasanton and the County of Alameda, 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 Operation Advisory Committee as set forth in the
Agreement Among the County of Alameda and the Cities of Dublin, Livermore and Pleasanton for the Maintenance
and Operation of the East County Shelter.
RECITALS:
a.The 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 and the Agreement
Among the County of Alameda and the Cities of Dublin, Livermore and Pleasanton for the Maintenance and
Operation of the East County Animal Shelter which are included as Attachment C to this Agreement.
b. The PARTICIPATING ENTITIES are desirous of contracting with OPERATOR for the performance of
animal shelter services.
c. The 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
Alameda County 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 codes and State law. Such services shall include, but not be limited to, receiving
live animals at SHELTER; providing live 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
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otherwise required of PARTICIPATING ENTITIES in this M.O.U. OPERATOR shall designate an individual to
function as SHELTER supervisor.
II. METHODOLOGY FOR DETERMINING COST ALLOCATIONS.
1. PARTICIPATING ENTITIES shall share in the cost of personnel, maintenance services and the
supplies required to operate the shelter in accordance with this M.O.U. 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 2005-2006 (July 1 – June 30) percentage share shall be calculated
based upon the 2004 calendar year Live Animals Handled report outlined in Attachment B.
2. OPERATOR shall prepare and distribute an annual Live Animals Handled report, as specified in
Attachment B, 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, including unincorporated areas of Alameda County
currently serviced from the Fairmont Animal Shelter, OPERATOR shall establish a cost for the service and
bill the non-participating agency for the service, unless the COMMITTEE agrees to waive such costs.
4. In the event a Participating Entity withdraws from this M.O.U., 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, projected
revenues The annual operating 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.
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, the 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
Annual Operating 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.
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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. Costs from one fiscal year shall not be carried over to the next fiscal
year.
a. In the event that OPERATOR fails to deliver said invoice, including all
required documentation, within ten (10) days of the due date, the OPERATOR shall besubject to a
one percent %) penalty to be deducted from the total invoice amount. Said penalty shall be increased by
(1
an additional one percent for each additional period of thirty days
(1%)
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 shall be
increased by an additional one percent (1%) for each additional thirty days demand is not met.
4. Approval of the budget authorizes the 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 the
OPERATOR anticipates costs will exceed the total annual operating budget, OPERATOR shall notify the
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. The COMMITTEE, as soon as reasonably possible,
may request the OPERATOR provide information justifying the cost increases. (Any approved costs will be
included as part of an amended or new budget).
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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 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 M.O.U.
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 the
OPERATOR.
e. 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 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 the COMMITTEE, the Sheriff or his designated representative shall provide
COMMITTEE with information on the candidate’s qualifications to perform the duties of the position and
provide for the COMMITTEE to meet the candidate prior to final selection. The COMMITTEE may
provide inassigned to the
put on the selection of the Shelter Supervisor or equivalent position
shelter. The final decision shall be at the sole discretion of the Sheriff.
2. Responsibilities of PARTICIPATING ENTITIES:
a. When an animal is delivered to the SHELTER by a PARTICIPATING ENTITY, personnel for the
specific purpose of euthanasia, the euthanasia fee shall be paid by 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 the 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 personnel to need
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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 State Department of Fish and Game 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. The 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 by Alameda County regarding Indirect Costs and the General Services Agency BMD Space charges that
are included in the SHELTER’s annual operating budget. The 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 recommendations from COMMITTEE before making such changes.
COMMITTEE may accept or reject the changes. The OPERATOR shall use its discretion to address emergencies
and shall be required to provide the 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, including mandates from Alameda County, affecting SHELTER, and including
any changes to SHELTER service areas, OPERATOR shall notify COMMITTEE, in writing, of the expected
financial and operational implications of the change(s) prior to making the changes. COMMITTEE may recommend
alternative policies, budget amendments, procedures and operations. The COMMITTEE may request the operator to
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 EFFECTED HEREBY
All persons employed by OPERATOR to perform services pursuant to this M.O.U. 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 M.O.U. All persons
employed by OPERATOR to perform the services pursuant to this M.O.U. 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.
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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 M.O.U.
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 of 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, liabilities and losses by whomever asserted arising out of acts or omissions of the
Operator in the performance of the scope of work, except those arising by reason of the sole negligence of CITIES,
their officers, employees and agents.
VIII. TERM
This M.O.U. shall commence on ________________ 2014, and shall continue for three (3) years thereafter
unless terminated. This M.O.U. may be extended for two periods of two years upon mutual agreement of the
OPERATOR and PARTICIPATING ENTITIES. The OPERATOR or PARTICIPATING ENTITIES may terminate
this M.O.U. 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 M.O.U., interests in furnishings and equipment will remain with PARTICIPATING
ENTITIES.
IX. MODIFICATION
This M.O.U. may only be modified in writing by mutual agreement of all parties hereto.
CITIES:
By: By:
Christopher Foss, 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
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COUNTY OF ALAMEDA:
By: By: _________________________
President County Counsel
Alameda County Board of Supervisors Approved as to form
By: _________________________
Gregory J. Ahern
Sheriff
(pleasdata:cm\share\\shelter agreement revised 8
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ATTACHMENT A
EXAMPLE OF COST ALLOCATION METHODOLOGY
FOR PATICATING ENTITIES
Calendar Year 20XX Number of Live Animals
Entity Number of Live Animals * Percentage of Total Live Animals
City Entity A 401 12.350%
City Entity B 1,333 41.053%
City Entity C 653 20.111%
County Entity D** 860 26.486%
Total 3,247 100.00%
Prior Fiscal Year Actual Shelter Quarterly Operating Costs
Services and Supplies $ 25,642
Salaries and Benefits 153,043
Indirect Costs on Salaries & Benefits 24,915
BMD Space 48,174
Total Gross Costs $251,774
Less Revenue ($16,250)
Total Net Costs $ 235,524
Projected Quarterly Amount Owed by Participating Entities
Entity Allocation Amount Owed
City Entity A 12.350% of $235,524 = $29,087.21
City Entity B 41.053% of $235,524 = $96,689.66
City Entity C 20.111% of $235,524 = $47,366.23
County Entity D 26.486% of 235,524 = $62,380.88
Total $235,523.98
* Includes number of live animals handled at the Shelter
** Includes all County unincorporated areas