HomeMy WebLinkAboutReso 91-26 Agreement with Alameda County for Animal Shelter ServicesReso. No. 91-26, Item 8.2, Adopted 10/06/2026 Page of
Alameda County and the Cities of Dublin, Livermore, and Pleasanton (Cities and
County) jointly own the East County Animal Shelter, located at 4595 Gleason Drive in Dublin; and
since the shelter’s opening, the facility has been operated by the Alameda County
Sheriff’s Office in accordance with an agreement between the Cities and County for the maintenance and
operation of the shelter; and
the existing agreement expired on June 30, 2026 and the Cities and County have
negotiated and prepared a new animal shelter services agreement; and
the proposed agreement is for a term of one year with two optional one-year extensions.
that the City Council of the City of Dublin does hereby approve
the Agreement Among the County of Alameda and the Cities of Dublin and Pleasanton for Animal Shelter
Services, attached hereto as .
that the City Manager is authorized to execute the agreement, attached
hereto as and make any necessary, non-substantive changes to carry out the intent of this
Resolution.
the City Council of the City of Dublin, on this 6th day of
October 2026 by the following vote:
: Councilmembers Josey, McCorriston, Qaadri and Mayor Hu
NOES:
:
:
______________________________
Mayor
:
_________________________________
City Clerk
Councilmember Morada
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AGREEMENT AMONG THE COUNTY OF ALAMEDA
AND THE CITIES OF DUBLIN AND PLEASANTON FOR
ANIMAL SHELTER SERVICES
This Agreement is made and entered into as of the date of completed execution by all parties,
by and among the County of Alameda and the Cities of Dublin and Pleasanton, hereinafter
referred to collectively and individually as PARTICIPATING ENTITIES.
References to East County Animal Shelter, hereinafter referred to as SHELTER, shall mean the
facility located at 4595 Gleason Drive, Dublin, California.
References to COUNTY shall mean the County of Alameda.
References to OPERATOR shall mean the Alameda County Sheriff's Office as SHELTER
service provider.
References to CITIES shall mean the cities of Dublin and Pleasanton. The CITIES'
responsibilities may be delegated to a third party under contract with the corresponding CITY.
References to COMMITTEE shall mean the Shelter Operations Advisory Committee consisting
of the County Administrator (or designated representatives) and the City Managers of CITIES
(or their designated representatives). The purpose of COMMITTEE will be to review the ongoing
operations and maintenance of the SHELTER and to ensure that the equity interest of
PARTICIPATING ENTITIES does not deteriorate through inappropriate maintenance and
operations.
RECITALS:
a.PARTICIPATING ENTITIES have entered into the Agreement Among the County of
Alameda and the Cities of Dublin and Pleasanton for the Construction Cost of the
Animal Shelter, which is included as Attachment C to this Agreement.
b.The CITIES have previously contracted with COUNTY for the performance of animal
shelter services by OPERATOR at the SHELTER.
c.PARTICIPATING ENTITIES intend to continue contracting for the performance of
animal shelter services by OPERATOR at the SHELTER.
d.COUNTY is agreeable to OPERATOR rendering such services on the terms and
conditions hereinafter set forth.
e.The PARTICIPATING ENTITIES intend that upon execution, this Agreement will
have effect retroactive to July 1, 2026.
f.Such contracts are authorized by Section 51300 et seq. of the Government Code.
g.The City of Dublin contracts for animal control field services and animal licensing
with the COUNTY under a separate agreement.
THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Exhibit A to the ResolutionDocusign Envelope ID: DB811ABA-4E79-8814-8076-DE3DABA7F2A1
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I.SERVICES TO BE PROVIDED
COUNTY agrees that OPERATOR will provide animal shelter services to
PARTICIPATING ENTITIES for animals impounded pursuant to City ordinance, County
code and State law. Such services shall include, but not be limited to, receiving live
animals at SHELTER; providing live animals at SHELTER with food, water, farrier and/or
veterinary care; euthanizing animals not otherwise adopted, redeemed, sold or donated to
adoption organizations; spay/neutering of dogs and cats; and disposing of dead animals.
OPERATOR shall furnish and supply all necessary labor, training, supervision, equipment
and supplies necessary to maintain the level of services to be rendered hereunder except
as otherwise required of PARTICIPATING ENTITIES in this Agreement.
II.METHODOLOGY FOR DETERMINING COST ALLOCATIONS:
1.PARTICIPATING ENTITIES shall share in the cost of personnel, maintenance
services, and supplies required to operate SHELTER in accordance with this
Agreement. Payment shall be based on PARTICIPATING ENTITIES’ percentage
share of the total number of live animals handled at SHELTER during the previous
calendar year ending December 31 in accordance with the methodology shown in
Attachment A. For example, the FY 2026-2027 (July 1 – June 30) percentage share
shall be calculated based upon the 2025 calendar year Live Animals Handled Report
outlined in Attachment B.
2.OPERATOR shall prepare and distribute an annual Live Animals Handled Report no
later than March 31 of each year, which indicates the total number of live animals
handled in the previous calendar year and the associated percentage share for
PARTICIPATING ENTITIES.
3.In the event SHELTER is used to provide emergency or non-emergency animal shelter
services to agencies other than PARTICIPATING ENTITIES, OPERATOR shall
establish a cost for the service and bill the non-participating agency for the service,
unless COMMITTEE agrees to waive such costs.
4.In the event a PARTICIPATING ENTITY withdraws from this Agreement, the
remaining PARTICIPATING ENTITIES shall meet to determine the most appropriate
methodology for sharing costs. The withdrawing entity shall be required to pay its
share of SHELTER services until the effective date of the withdrawal. Section IX
governs the process for termination/withdrawal from this Agreement by any
PARTICIPATING ENTITY.
5.The methodology for allocated costs of capital maintenance to the SHELTER, i.e.,
major repairs, upgrades or replacement of mechanical, electrical, plumbing, HVAC and
other equipment, facilities and systems, roof or structural components located within or
serving the SHELTER, or any major component thereof, shall be by proportionate
share to each PARTICIPATING ENTITY’S equity interest in the SHELTER, rather than
pursuant to this Section II.
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
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upcoming fiscal year. The budget shall include, but not be limited to, personnel
salaries including benefits, operating services and supplies, furnishings, equipment,
building/grounds maintenance, utilities, indirect charges, and projected revenues. The
budget shall also identify projects and associated costs discussed in Paragraph II.5,
above (if then known). The budget shall be prepared in a format approved by the
COMMITTEE. Any proposed significant changes in SHELTER operations, including
but not limited to, the number of personnel assigned, backfilling vacant positions,
changes in veterinary services or other material changes shall be clearly identified with
a narrative explanation, which includes information supporting the revision.
OPERATOR shall track and provide COMMITTEE with an annual report detailing the
hours and positions used for backfilling vacant positions.
2.COMMITTEE shall take action to either approve or reject the proposed budget. If
approved by COMMITTEE, PARTICIPATING ENTITIES shall adopt the budget and
shall inform OPERATOR in writing that the entity has allocated its apportioned share of
funds for services, no later than June 30. If COMMITTEE does not approve the
budget, it shall provide OPERATOR with a written statement outlining its concerns and
proposed adjustments no later than 45 days after the budget has been presented to
COMMITTEE. In the event the budget is not approved, OPERATOR shall provide
services in accordance with the most recently adopted budget with amendments as
approved by COMMITTEE. PARTICIPATING ENTITIES agree to pay for cost
increases related to shelter operations as approved in the budget beyond the control of
the OPERATOR, such as utility and labor costs. COMMITTEE shall recommend an
alternative proposed budget to PARTICIPATING ENTITIES no later than 90 days after
the start of the fiscal year.
3.Unless otherwise agreed, 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, as well as a summary
of expenditures on projects discussed in Paragraph II.5, above. Billing for the fourth
quarter shall include all approved costs not included in previous quarterly billings and
information detailing any administrative personnel expenses that exceeded the
approved budget. COMMITTEE shall approve any reasonable additional administrative
personnel expenses provided total shelter expenses do not exceed the approved
annual operating budget.
a.In the event that OPERATOR fails to deliver said invoice, including all required
documentation, within ten (10) days of the due date, OPERATOR may be
subject to a one percent (1%) penalty to be deducted from the total invoice
amount. Said penalty may be increased by an additional one percent (1%) for
each additional period of thirty days during which OPERATOR fails to deliver
said invoice and required documentation.
b.If payment from a participating city is not received within sixty (60) days after
the date of OPERATOR’s invoice, that CITY may be subject to a one percent
(1%) late
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fee added to the total amount due. Said penalty may be increased by an
additional one percent (1%) for each additional thirty days demand is not met.
4.Approval of the budget authorizes OPERATOR to make expenditures in accordance
with the budget with the exception of emergency situations and/or mandates as
outlined in Section V. In the event OPERATOR anticipates costs will exceed the total
annual operating budget, OPERATOR shall notify COMMITTEE and request approval
of the additional costs prior to incurring the costs. Any approved costs will be included
as part of an amended or new budget. COMMITTEE, as soon as reasonably possible,
may request OPERATOR provide information justifying the cost increases.
IV.GENERAL CONDITIONS
1.Responsibilities of OPERATOR:
a.SHELTER operations, including the handling of animals, shall comply with all
policies and procedures established by the Alameda County Director of Field
Services, as reviewed by COMMITTEE. OPERATOR shall maintain a policy
and procedure manual.
b.OPERATOR shall keep records of animal type, identifying marks, and time and
place of pickup. OPERATOR shall also keep appropriate records of animals
surrendered at SHELTER.
c.OPERATOR shall provide forms for CITIES’ use only for live or dead animals
brought to SHELTER. CITIES will be responsible for their own internal
reporting procedures not part of this Agreement.
d.Animals picked up by CITIES and delivered to SHELTER will be held for the
minimum time as allowed under state law, unless a longer period is
recommended by COMMITTEE and approved by OPERATOR.
e.OPERATOR will collect CITIES’ dog license fees only for dogs redeemed or
adopted from the SHELTER. Those fees will be remitted in full to CITIES. Dog
license fees collected will not be considered SHELTER revenue for the
purpose of calculating net operating cost.
f.OPERATOR shall charge fees for SHELTER services in accordance with fee
schedules approved by PARTICIPATING ENTITIES. PARTICIPATING
ENTITIES shall make an effort to establish uniform fees. OPERATOR may
waive payment of such fees, only upon permission of the involved
PARTICIPATING ENTITY.
g.OPERATOR shall be responsible for ensuring that employees assigned to the
SHELTER are qualified to provide animal control services and shall designate
an employee to be responsible for overseeing SHELTER activities.
h.In the event of a personnel change to the person designated to oversee
SHELTER activities, and upon request by COMMITTEE, OPERATOR shall
provide COMMITTEE with information on the candidate’s qualifications to
perform the duties of the position and provide for COMMITTEE to meet the
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candidate prior to final selection. COMMITTEE may provide input on the
selection of the person designated to oversee SHELTER activities. The final
decision shall be at the sole discretion of OPERATOR.
2.Responsibilities of PARTICIPATING ENTITIES:
a.When an animal is delivered to SHELTER by a PARTICIPATING ENTITY for
the specific purpose of euthanasia, the euthanasia fee shall be paid by that
CITY through their quarterly billing.
b.Dead animals delivered by a PARTICIPATING ENTITY to SHELTER shall be
placed in containers provided by OPERATOR and will not have collars, chains,
bandages, flea/tick collars, etc. on the dead animals or be delivered for
disposal within anything other than said container. Any exceptions to this
policy must be approved by OPERATOR.
c.No sick or injured animal will be brought to SHELTER unless and until it has
been examined, properly treated, and released by a veterinarian. Animals
deemed by OPERATOR to need veterinary care shall not be received by
OPERATOR without written veterinary clearance to hold them at SHELTER.
d.Indigenous wild animals protected under State law picked up by a
PARTICIPATING ENTITY must be turned over to the California Department of
Fish and Wildlife by the PARTICIPATING ENTITY.
e.CITIES agree to make all reasonable efforts to return licensed dogs, and other
animals otherwise identified, to their owners before delivering such dogs or
other animals to SHELTER.
V.SHELTER OPERATIONS ADVISORY COMMITTEE
1.COMMITTEE shall establish service standards, policy, and practices for SHELTER on
behalf of PARTICIPATING ENTITIES. In carrying out this responsibility, COMMITTEE
shall review the general conditions of SHELTER and make recommendations to
OPERATOR regarding SHELTER operations. COMMITTEE and OPERATOR shall
meet at least quarterly and OPERATOR shall provide quarterly reports from SHELTER
staff regarding operations, policies and procedures, financial operations, maintenance
of the facility, and proposed budget items. COMMITTEE shall have access to all
operating and financial records of SHELTER, including information prepared regarding
indirect costs and the General Services Agency BMD space charges that are included
in SHELTER’s annual operating budget. SHELTER staff shall provide information
necessary to understand those matters within the purview of COMMITTEE.
2.COMMITTEE may initiate recommendations regarding OPERATOR’S general
operations, staffing, policies and procedures, financial operations, including approval
of the annual operating budget, and maintenance of the facility. OPERATOR agrees
to give such recommendations due consideration.
3.In the event OPERATOR desires to make any non-emergency changes of substance
to policies, the approved annual operating budget, procedures, and operations of
SHELTER, OPERATOR shall confer with COMMITTEE and obtain the advice and
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recommendations from COMMITTEE before making such changes. COMMITTEE
may accept or reject the changes. OPERATOR shall use its discretion to address
emergencies and shall be required to provide COMMITTEE with a report detailing any
temporary changes to policy or the budget to address the emergency.
4.In the event OPERATOR is required to make changes to SHELTER operations to
conform to operational and regulatory mandates affecting SHELTER, including
mandates from Alameda County or changes to SHELTER service areas, OPERATOR
shall notify COMMITTEE, in writing, of the expected financial and operational
implications of the change(s) prior to implementation. COMMITTEE may recommend
alternative policies, budget amendments, procedures, and operations. COMMITTEE
may request OPERATOR maintain information detailing the effect 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 Agreement
shall be and remain OPERATOR employees and shall at all times be under the
direction and control of OPERATOR. No CITY’S employees shall perform services
which OPERATOR is obligated to provide under this Agreement. All persons
employed by OPERATOR to perform services pursuant to this Agreement shall be
entitled solely to the rights and privileges given to OPERATOR employees and shall
not be entitled, as a result of providing services required hereunder, to any additional
rights and privileges given to CITIES’ employees.
CITIES shall not be liable for the direct payment of any salaries, wages, or other
compensation to any OPERATOR personnel performing services hereunder for
OPERATOR or any liability other than that provided for in this Agreement.
VII. INDEMNIFICATION
CITIES agree to defend, indemnify, and hold harmless the COUNTY, its officers,
employees and agents, from any and all acts, claims, omissions, liabilities and losses
by whomever asserted arising out of acts or omissions of CITIES in the performance of
the scope of work except those arising by reason of the sole negligence of the
COUNTY, its officers, employees or agents.
COUNTY agrees to defend, indemnify and hold harmless CITIES, their officers,
employees and agents, from any and all acts, claims, omissions, liabilities and losses
by whomever asserted arising out of acts or omissions of OPERATOR in the
performance of the scope of work except those arising by reason of the sole
negligence of CITIES, their officers, employees or agents.
VIII.TERM
This Agreement shall retroactively commence on July 1, 2026, and shall continue for
one (1) year thereafter unless terminated. This Agreement may be extended for two
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periods of one year upon mutual agreement of OPERATOR and PARTICIPATING
ENTITIES.
IX.TERMINATION
1.OPERATOR or one or more of the CITIES may terminate its participation in this
Agreement upon written notice one hundred eighty (180) days to all PARTICIPATING
ENTITES prior to termination date, and shall include in such notice the reasons for
cancellation. Termination may be without cause. Termination initiated on behalf of two
or more of the PARTICIPATING ENTITIES shall require a majority vote of the
COMMITTEE.
2.In the event of termination, OPERATOR shall be entitled to compensation for services
performed to the effective date of termination.
3.All obligations arising prior to the termination of this Agreement and all provisions of
this Agreement allocating liability between PARTICIPATING ENTITIES and
OPERATOR shall survive the termination of this Agreement.
4.If OPERATOR materially breaches any of the terms of this Agreement, the CITIES’
remedies shall include, but are not limited to, termination of the Agreement.
5.Upon termination of this Agreement, interests in furnishings and equipment will remain
with PARTICIPATING ENTITIES.
X.MODIFICATION
This Agreement may only be modified in writing by mutual agreement of all
PARTICIPATING ENTITES remaining subject to the Agreement at the time of the
modification.
[Signatures begin on the following page]
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IN WITNESS WHEREOF, the PARTICIPATING ENTITIES have executed this Agreement
on the dates appearing below their respective signatures.
CITY OF DUBLIN
By: Approved as to Form:
Colleen Tribby, City Manager
City of Dublin By: _______________________
Date: ____________
CITY OF PLESANTON
By: Approved as to Form:
Joe Calabrigo, Interim City Manager
City of Pleasanton By: _______________________
Date: ____________
COUNTY OF ALAMEDA:
By: APPROVED AS TO FORM:
David Haubert, President
Alameda County Board of Supervisors ANDREA L. WEDDLE,
Interim County Counsel
Date: ____________
By: ____________________
Aaron Foxworthy,
Deputy County Counsel
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ATTACHMENT A
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METHODOLOGY FOR DETERMINING COST ALLOCATIONS
Step 1 – OPERATOR shall maintain the Live Animals Handled Report (Attachment B), which
shall include the total number of live dogs, cats and other animals handled at the SHELTER for
each PARTICIPATING ENTITY by month and by calendar year.
Step 2 –The Live Animals Handled Report shall contain the annual percentage share of the
total number of live dogs, cats and other animals handled at the SHELTER for each
PARTICIPATING ENTITY. As an example, if the SHELTER handled 1000 live animals and 100
originated from the City of Dublin, then the City of Dublin's annual percentage share would be
10%.
Step 3 – To determine each PARTICIPATING ENTITY’s annual cost share, the annual
percentage share for each PARTICIPATING ENTITY from the previous calendar year, as
included in the Live Animals Handled Report, shall be applied to the approved SHELTER
annual operating budget. As an example, if the total annual operating budget for Fiscal Year
2024-2025 is $1,965,498 and the City of Pleasanton’s annual percentage share as noted on the
2023 Live Animals Handled Report is 12.39%, then the City of Pleasanton’s cost share for
Fiscal Year 2024-2025 would be $243,525 (billed quarterly based on actual expenses).
An example of the above methodology utilizing the Live Animal Handled Report, is as follows:
Fiscal Year Shelter Annual Operating Budget
Participating Entity Cost Share
Entity Annual Operating
Budget
Percent of Live
Animals Handled
Share of Total
Shelter Cost
City of Dublin $1,965,498 16.23% $319,000
City of Pleasanton $1,965,498 12.39% $243,525
Alameda County $1,965,498 71.38% $1,402,973
Salaries and Benefits $967,083
Services and Supplies $262,003
ISF Charges $641,941
Less Revenues ($46,240)
Subtotal $1,824,787
Indirect Costs $140,711
NET ANNUAL OPERATING COST $1,965,498
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ATTACHMENT B
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ATTACHMENT C
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