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HomeMy WebLinkAbout4.06 Animal Shelter MOU CITY CLERK File # AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 1, 2004 SUBJECT: Extension of East County Animal Shelter Memorandum of Understanding /~j/ Report Prepared by Amy Cunningham, Administrative Analys ATTACHMENTS: 1.) Resolution approving extension of existing Memorandum of Understanding for Animal Shelter Services 7-.) Memorandum of Understanding for Animal Shelter Services RECOMMENDATION'~f~.) Adopt Resolution Approving Extension of Agreement FINANCIAL STATEMENT: The City's share of shelter operating costs for Fiscal Year 2004- 2005 will be 14.18% (or $139,412). DESCRIPTION: The Cities of Dublin, Li,cermore, and Pleasanton, and County of Alameda currently obtain animal shelter services through a contract with the Alameda County Sheriffs Office. Through a separate Joint Powers Agreement, the parties each retain an ownership interest in the shelter facility. In January of 1996, the City Council approved the original agreement describing the shared responsibility for the ownership and operation of the East County Animal Shelter. In accordance with the agreement, the cost of shelter operations is shared by participating entities based on the number of live animals impounded in the previous calendar year. For example, the Fiscal Year 2004-2005 cost sharing is based on the number of live animals impounded in calendar year 2003. This figure is reviewed and adjusted annually. In recent years, the number of animals impounded from the City of Dublin has risen, thereby increasing the City's share of the live animal count. County of Alameda 29.77% 29.54% 30.30% 30.33% City of Livermore 37.36% 36.59% 39.62% 35.36% City of Pleasanton 21.38% 21.35% 17.76% 20.13% City of Dublin 11.50% 12.52% 12.32% 14.18% The Shelter Advisory Committee, with a Staff member representing each participating agency, meets with Sheriff's Office personnel quarterly to discuss operational and budgetary issues. The Advisory COPIES TO: ITEM NO. H/cc-forms/agdastmt. doc Committee offers the participating entities a voice in issues affecting investment in the Shelter building, , and the opportunity to provide input regarding appropriate levels of service to the community. Prior to opening of the East County Animal Shelter in 1996, the Owners (Pleasanton, Livermore, Dublin and Alameda County) circulated a request for proposals to identify an operator for the shelter. After reviewing alternatives, the owners determined that the best service option was to contract with the Alameda County Sheriff's Office, which provided operation and maintenance to the old animal shelter. As a result, the owners entered into a Memorandum of Understanding with the Sheriff's Office for this service in 1996. While this agreement expired in January 1999, and was extended until June 2000, the Sheriff's Office continued to provide service at the shelter on a month-to-month basis based on the terms and conditions of the existing Memorandum of Understanding. A new Memorandum of Understanding was negotiated by the Shelter Advisory Committee and entered into in 2001. This MOU formally authorized the Sheriff's Office to continue operation and maintenance of the shelter for a period of three years, ending in 2003. The MOU included an option to extend the operating agreement for an additional two years, with the approval of all participating entities. At this time, the Cities of Livermore, Pleasanton, and Dublin, and County of Alameda are recommending that the two-year extension of the agreement be approved. Following approval, a letter from all participating entities authorizing the extension will be presented to the Alameda County Sheriff's Office. RECOMMENDATION Staff recommends that the City Council receive the report and adopt the Resolution approving the extension of the existing Memorandum of Understanding for Animal Shelter Services. -2- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE EXTENSION OF THE EXISTING MEMORANDUM OF UNDERSTANDING FOR ANIMAL SHELTER SERVICES WHEREAS, the City of Dublin currently obtains Animal Shelter Services from the Alameda County Sheriff's Office pursuant to an Agreement dated June 12, 2001; and WHEREAS, the current three-year agreement for Animal Shelter Services included an option to extend the agreement for an additional two years, with approval of all participating entities; and WHEREAS, since June 30, 2003, the Alameda County Sheriff's Office has provided shelter services on a month to month basis based upon the terms and conditions of the existing Memorandum of Understanding; and WHEREAS, the members of the Shelter Advisory Committee (representing the shelter owners - the Cities of Livermore, Pleasanton, and Dublin and Alameda County) recommend that the two-year extension of the agreement be approved. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the extension of the agreement by and between the Cities of Livermore, Pleasanton, 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 sign the letter extending the existing agreement for Animal Shelter Services on behalf of the City of Dublin. PASSED, APPROVED AND ADOPTED this 1 st day of June, 2004. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING ANIMAL SHELTER SERVICES This Memorandum of Understanding (M.O.U.), is made and entered into this ~.~t~ day of '~x~, 2001 by and among the Alameda County Sheriffs Office, hereinafter referred to as "OPERATOR", and the cities of Dublin, Liverrnore 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 Sheriffs 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 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 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. c. Such contracts are authorized by Seeti0n 51300 et seq. of the Government Code. d. The City of Dublin contracts for Animal Control Field Services and Animal Licensing with Alameda County under a separate agreement. THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: I. SERVICES TO BE PROVIDED OPERATOR 'agrees to provide animal shelter services to PARTICIPATING ENTITIF. S 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 animaIs. 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 I .required Of PARTICIPATING ENTITIES in this M.O.U.. OPERATOR shall designate the 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 3'1 in accordance with the .methodology shown in Attachment A. For example, the FY 2000-2001 (July 1 - June 30) percentage share shall be calculated based upon the 1999 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, fumiskings, 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 the Shelter. Backfilling resulting 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 annual report detailing 'the hours and positions used for backfilling. Any proposed significant changes in SHELTER operations, including but not limited to, the number of persormel assigned, shall be clearly identified with a narrative explanation, which includes information supporting the revision. 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 2 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. 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 approvedeosts 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. 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) IV. GENERAL CONDITIONS I. Responsibilities of OPERATOK: 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. OPERATOK 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 pic'ked 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 ~o 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. 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 their 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. 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. e. CITIES agree to make all reasonable efforts to return licensed dogs and other animals, otherwise identified, t.o their owners before delivering such dogs or other animals to SHELTER. V. SHELTER OPERATIONS ADVISORY COMMITTEE 1. 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 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, and SHELTER staff shall provide information necessary to understand those matters within the purview of COMMITTEE. 2. COMMI_TTEE 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 COMMI~E.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, OPERATOR shall notify COMMITTEE, in writing, of the expected financial and operational implications of the change(s). COMMITTEE may recommend alternative policies, budget amendments, procedures and operations. The COMMITTEE may request the operator to maintain infromation 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 Alt 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 [o 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 M.O.LI.. 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 o£ 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 July 1, 2000, 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 the OPERakTOR and PARTICIPATING ENTITIES. Either OPERATOR or PARTICIPATING ENTITIES may terminate this M.O.U. Upon written notice one hundred eighty (180) days prior to expiration of this agreement. Termination initiated on behalf of PARTICIPATING ENTITIES shall require a majority vote. 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: Richard C. Ambrose'City Manager Dublin City Attorney City of Dublin Approved as to form Linda M. Barton, City Manager Livermore City Attorney citY of Livermore Approved as tO form Deborah Acosta McKeehan, City Manager Pleasanton City Attorney CitY of Pleasanton Approved as to form COUNTY OF ALAMEDA: / ! By Approved as to form Alameda County B~ar3'of Supervisors By:~ Sheriff (pleasdata:cm~sham',~shelter agreement revised 8)