HomeMy WebLinkAboutReso 94-05 AnimalShelderMOU
RESOLUTION NO. 94 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE MEMORANDUM OF UNDERSTANDING
FOR ANIMAL SHELTER SERVICES
WHEREAS, the East County Animal Shelter is jointly owned by the Cities of Livermore,
Pleasanton and Dublin and Alameda County (Owners); and
WHEREAS, the Owners currently obtain Animal Shelter Services fTom the Alameda County
Sheriff's Office pursuant to an Agreement dated January I, 200 I; and
WHEREAS, the Shelter Advisory Committee (comprised of a representative fTom each owning
agency) have reviewed shelter operations and determined that the Sheriff's Office has continued to provide
cost effective, quality services to the community; and
WHEREAS, the Owners have negotiated an agreement with Alameda County Sheriff's Office to
continue providing shelter operating services for a period of three years with an option to extend the
agreement for an additional two years, upon approval of all parties.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement (attached hereto as Exhibit A) by and between the Cities of Livermore,
Pleasant on, and Dublin and the County of Alameda for provision of animal shelter services by the Alameda
County Sheriff's Office; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Memorandum
of Understanding for Animal Shelter Services on behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 201)0 day of June, 2005.
AYES; Councilmembersl-lildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
AT.]T:
i\H'~ -M.,,- ¿
Deputy City Clerk
G;ICC-MTUS\2005-qti1\Jun\06-20-05 Dudget'<eso 94-05 ac _.d<>c (""'" 8.5)
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ME.M.QRANDUM OF UNDERSTANDING
ANlMAL ~HELTER SERVlCES
This Memorandum of Understanding (M.O.D.), is made and entered into this day of
, 2005 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, 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 A venue, Dublin, California.
References to OPERATOR shall mean the Alameda County Sherifrs Office as SHELTER
service provider.
References to CITIES shall mean the cities of Dublin, Livermore and P¡easanton. 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 created
in the Agreement among the County of Alameda and the Cities of Dublin, Livern10re and
Pleasanton.
RECITALS:
a. The PARTICIPATING ENTITIES arc desirous of contracting with OPERATOR for the
performance of animal sheller services.
b. The OPERATOR is agreeable to rendering such services on the terms and conditions hereinafter
set fOl1h.
c. Such contracts are authorized by Section 51300 et seq. of the Goverrunent Code.
d. The City of Dublin contracts for Animal Control Field Services and Anin1aI Licensing with
Alameda County under a separate agrcement.
THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
r. SERVICES TO BE PROVIDED
OPERATOR agrees to provide animal shelter "erviees to PARTICIPATING ENTITIES for animals
impounded pursuant to City ordinance, County eodcs and State law. Such scrviees shall include,
but not be limited to, receiving Jive animals at SHELTER; providing live animals at SHELTER with
food, water, farrier and/or veterinary care, euthanizing animals not otherwise adopted, redeemcd,
sold or donated to adoption organÜ,ations, spay/neutering of dogs and cats, and disposing of dead
animals. OPERATOR shall furnish and supply all necessary labor, training, supervision, equipment
and supplies nccessary to maintain the level of services to be rendered hereunder except as othelwise
required of PARTICIPATING ENTITIES in this M.O.U.. OPERATOR shall designate the
individual to function as SHELTER supervisor.
II. METHODOLOGY FOR DETERMINING COST AT,JDCATIONS.
A 'IT ACHMENT 2
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L PARTICIPATING ENTITIES shalJ share in the cost of personnel, maintenance
services and the supplies required to operate the shelter in accordance with thìs M.O.V.
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 I - 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 13, 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 pereCßtage
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 Fainllont Animal
Shelter, OPERATOR shall establish a cost for the service and bill the non~participating
agCßcy for the service, urness the COMMITTEE agrees to waive such costs.
4. In the event a Participating Entity withdraws from this M.O.U., the remammg
Participating Entities shall meet to determine the most appropriate mcthodology for sharing
costs. The withdrawing entity shall be required to pay its share of SHELTER services until
the effective date of the withdrawal.
lII. APPROVAL OF ANNUAL OPERATING BUDGET
1. On an armual basis, on or before March 31, OPERA TOR shall provide
COMMITTEE a proposed armual operating budget (hereinafter referred to as "budget")
f()r 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 in a format
approved by COMMITTEE, and a contingency to be used to backfill any vacant position
at thc Shelter. Backfilling rcsulting from any shelter employee being paid on
administrative leave with pay shall be limited to thirty days. OPERATOR shall track and
provide COMMITTEE with an armual report detailing the hours and positions used for
backfilling. Any proposed significant changes in SHELTER operations, including but not
limited to, the number of personnel assigned, shall be clearly identified with a narrative
explanation, which includes information supporting the rcvision.
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 OPERA TOR 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 increascs 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 PARTTCIPATING ENTITIES for SHELTER services
within 60 days following the close of each fiscal quarter commencing July 1. The
PARTJCIPATJNG ENTJTY 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 shaH include thc total operating costs for the quarter
and specify the Participating Entity's share of the eost based on the methodology included in
Attachment A. Each invoice shaH bc 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
infommtion detailing any administrative personnel expenscs that exceeded the approved
budget. COMMITTEE shaH approve allY 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.
4. Approval of the budget authorj"es the OPERATOR to make expenditures in
accordance with the budget with the exception of emergency situations and/or mandatcs 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 budgct. The COMMITTEE, as sOon as reasonably possible, may
request (he OPERATOR provide information justifying (hc cost increases. (Any approved
costs will be included as part of an amended or new budget)
IV. GENERAL CONI?ITJºtl~
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
COMM ITTEE. OPERATOR agrecs to maintain a pol icy and procedure manual.
b. OPERATOR shall keep records of animal type, identifying marks, and time and
place of pickup. OPERA TOR 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 intemal reporting
procedures not part of this M.O.U.
d. Animals picked up by CITIES and delivered to SHELTER will be held for (he
minimum time as allowed under state law, unless a longer period is recommended by
COMMITTEE and approved by the OPERA TOR.
e. The OPERATOR will coHee! CITIES' dog license fees only for dogs redeemed or
adopted ITom the SHELTER. Thosc fces will be remitted in fuH to CITIES. Dog license fccs
collected will not be considered SHELTER revenue for the purpose of calculating nct
operating cost.
f. OPERATOR shall charge fees for SHELTER services in accordance with fee
schedules approved by PARTICIPATING ENTITIES. PARTJCIPATING ENTJTIES shall
make an eff0l1 to establish uniform fees. OPERATOR may waive payment of such iCes,
only upon permission of the involved P ARTICIP A TING ENTITY.
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2. Responsibilities of CITIES:
a. When an animal is delivered to the SHELTER by CITIES' personnel for the specific
purpose of euthanasia, the euthanasia fee shall be paid by CITY through !heir quarterly
billing.
b. Dead animals delivered by CITIES 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 veterinary care shall not be received by OPERATOR without written
veterinary clearance to hold them at SHELTER.
d. Indigcnous wild animals protected under State law picked up by CITIES must be
turned over to the State Department of Fish and Game by CITŒS.
e. CITIES agree to make all reasonable efforts to return lieenscd dogs and other
animals, otherwise identified, to their owners before delivering such dogs or other animals to
SHELTER.
V. SHELTER OPERA nONS ADVISORY COMMITTEE
I. The Shelter Operations Advisory Committee (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 OPERA TOR regarding SHELTER operations. COMMITTEE and
OPERATOR shall mcct at least quarterly and OPERATOR shall provide quarterly repolts from
SHELTER staff regarding operations, policies and procedures, financial operations, maintenance of
the facility, and proposed budget items. COMMITTEE shaH have access to all operating and
financial records of SHELTER, and SHELTER staff shall pmvide information necessary to
understand those matters within the purview of COMMITTEE.
2. COMMITTEE may irdtiate recommendations regarding OPERATOR'S general
operations, staffing, policies and procedures, fmanciaI operations, including approval of the annual
operating budget, and maintenance of the facility. OPERATOR agrees to give such
reeommcndations due consideration.
3. In the event OPERATOR desires to make any non-emergency changes of substance
to policies, the approved anrmal operating budget, procedures and operations of SHELTER,
OPERATOR shaH 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, OPERA TOR shall notify COMMITTEE, in writing, of the expected financial
and operational implications of the change(s). COMMITrEE may recommend alternative policies,
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budgct amendments, procedures and operations. The COMMITTEE may request the operator to
maintain infromationdetailing the affect the ehange(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 tills M.O.U.. All persons employed by OPERATOR to perform the services pursuant
to tills 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.
CITIES shall not be liable for the direct paymcnt of any salaries, wages, or other
compensation to any OPERATOR persoill1el performing services hereunder for OPERATOR or any
liability other than that provided for in this M.O.U..
VII. INDEMNTFIC~IION
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 soJe negligence of CITIES, their officers, employees and agents.
VIII. TERM
This M,O,U. shall cOmmence on July I, 2005, and shall continue for three (3) years
thereafter unless terminated. This M.O.U. may be extended for a period of two years upon mutual
agreement of ÙJe OPERATOR and PARTICIPATING ENTITIES. Either OPERATOR or
PARTICIPATING ENTITlES may terminate this M.O.V. Upon written notice one hundred eighty
(180) days prior to expiration of this agreement. Termination initiated on behalf of
PARTICIPATING ENTITlES shall require a majority vote.
Upon ternlination of this M.O.U., interests in furnishings and equipment will remain with
PARTICIPATING ENTITlES.
IX. MODIFICATION
This M.O.U. may only be modified in writing by mutual agreement of all parties hercto.
CITIES:
By:
By:
Richard C. Ambrosc, City Manager
Dublin City Attorney
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City of Dublin
By:
Linda M, Barton, City Manager
City of LivelIDore
By: _
Nelson Fialho, City Manager
City of Pleasanton
COUNTY OF ALAMIWA:
By:
President
Alameda County Board of Supervisors
By:
Charles C. Plummer
Sheriff
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By:
l abC,
Approved as to form
Livermore City Attorney
Approved as to form
By: ..__~
Pleasanton City Attorney
Approved as to form
By:
County Counsel
Approved as to form
(pleasdata:cm\share\\sheltsr agreement revised S)
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Attachment A
EXAMPLE OF BILLING METHODOLOGY
Calendar Year 2004 Number of Live Animals
):Slumber of Live Animals
Percentage of Total. Live Animals
Entity A
Entity B
Entity C
Entity D
Total
401
1333
653
860
3247
12.350%
41.053%
20.111%
)6.486%
100.000%
FISCAL YEAR 2005 - 2006 Actual Shelter Quarterly Operating Costs
Total Net Costs
$ 25,642
153,043
24,915
48.174
251,774
(J 6.250)
$ 235,524
Services and Supplies
Salaries and Benefits
Indirect Costs Oil Salaries & Benefits
BMD Space
Total Gross Costs
Less Revenue
Net Quarterly Billing Amount By Entity
Projected Quarterlys:
Entity A
Entity B
Entity C
Entity D
12.350% of $235,524
41.053% of $235,524
20.111 % of $235,524
26.486% of $235,524
-. $ 29,087.21
= $ 96,689.66
= $ 47,366.23
- $ 62.380.88
TOTAL QUARTERLY CHARGE $235,524.03
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