HomeMy WebLinkAbout8.5 Animal Control Service
CITY CLERK
File # [JQ]Q][QH~J~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 20, 2005
SUBJECT:
Animal Control CODtract Services Review
Report Prepared by Amy Cunningham, Sr. Administrative Analyst .J.i-
A TT ACHMENTS:
I.) Rcsolution Approving Proposed Memorandllm ofUndcrstanding
tor Animal Shelter Services
2.) Agrcemcnt for Animal Control Field Services
RECOMMENDA TION:
I.) Receive Report
2.) Adopt Resolution Approving MOU
FINANCIAL STATEMENT:
The total operating cost for both Animal Control Field Serviccs and
Animal Control Sheltcr Scrviccs in Fiscal Year 2005-2006 is
projected to be $169,708. See report for details.
DESCRIPTION: A contract review of Animal Shelter Services was included as part
of the City Council Goals and Objeetivcs. At the June 25, 1997, City Council meeting, StatIwas directed
to conduct the Field Services contract revicw during thc pcriod the Police Services contract review is
conducted. A periodic review of services obtained by the City through contract agreements ensures that
service levels are maintained appropriately.
The City obtains Shelter Services and Animal Control Field Services through separate contracts with the
Alameda County Sheri.ff's Office, The Shelter Scrvices arc provided through a Cooperative Agreemcnt
that inc1udes the Cities ofLivermorc and Pleasanton, and County of Alameda, as participants. Through a
separate Joint Powers Agreement the City participates in the deht scrvice costs associated with the East
County Animal Shelter, opened in 1996. As such, the City retains an ownership interest in thc facility.
The City contracts separately with Alamcda County Sheriff's Office for the provision ofField Scrvices.
The last comprehensive Animal Control Contract Review was presented to the City Council in March of
2001. This report provides a deseri.ption ofthc services received; workload statistics; current financial
cost data for the operation of Animal Control Services; and proposed modifications to the East Counly
Animal Shelter Services Memorandum of Understanding.
Field Services:
The hasic field service function ineludes: investigation of complaints; investigation of dog bites and
attacks; patrol services; pick up of stray and dead animals; issuance of citations; preparation of reports;
and the sale of dog licenses. The current Agreement with Alameda County became effective on July I,
1992. The Agreement is structured with an automatic renewal provision unless notice is provided by
April I ", of either party's intent to terminate the agreement on the subsequent June 30th of any year.
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COPIES TO:
\001.0
ITEM NO.
8.5
11/c=c-fOr"m:'ii!agdaMm I,.doc
Statllng
Alameda County Sheri.ffs Office has a civilian Animal Control Supervisor who handles much of the day-
to-day supervision of the Field Services operations. As a unit of the Sheriff's Office, the supervisor
reports to a Sergeant. The Sergcant has other responsibilities in addition to management of Animal
Control Services.
Animal Control Officers, civilian personnel assigned to the Sheriff's Technician elassifieation, perform
the actual field patrol services. The City of Dublin is currently the on1y municipality contracting f()r these
services with Alameda County Sheriffs Office. In addition to Dublin, the areas serviecd by the Animal
Control Officers include unincorporated areas in and around Castro Valley, and unincorporated areas in
the eastern portion of the County including Sunol, and land adjacent to Livermore and Dublin.
The contract with Alamcda County Sheriff's Office provides lhe City with full access to trained
personnel. The Field Service function requires adequate resources to respond to emergency can outs
seven days a weck, as well as, providing relief coverage for vacations and sick leave. Therefore, the most
etlicient means of providing Field Scrvices is on a regional basis. The current arrangcmcnt with Alameda
County is capable of satisfYing these service demands.
Vicious Dog Hearings
Thc Animal Control Officers also participate in the Vicious Dog Hearing process identified in the City
Municipal Code (DMC 5.36, Animal Control). City Staff serve as the Hearing Officer and maintain
records relatcd to the hearings conducted. The purpose of thc process is to enact safeguards, to protect thc
community, when there is a potentially dangerous dog involved in a bite or attack incidcnt.
The Animal Control Officer complctcs an investigation of the incident and produces a written report. The
Animal Control Supervisor and Animal Control Officer providc a recommendation as to whelher or not a
Vicious Dog Hearing is rceommended. City StatIreview the recommendations and make a detennination
as to whether a Vicious Dog Hearing is warranted.
Tn the event a hearing is conducted, and a dog is determined to be vicious at the conclusion of the hearing,
mcasures can be imposed to abate the prohlem as a public nuisance. The measures may include
requirements tor ¡hc dog to, bc leashed under the control of a competent adult when outside the fenced
yard; other confinement measures, as appropriate (including repairs to fences or gates); obedience
training; and when warranted, cuthanization of the dog. The hearing allows an opportunity for the victim
to address community safety concerns, and helps to limit thc possibility of a repeat incident from
occurring. The Sr. Administrative Analyst conducts the hearings and makes the determination based upon
the specific circumstances of each ineidcnt. StatI assists with the preparation of notices, minutes, and
other records.
The f()lIowing is a historical breakdown ofthc number of hearings conducted;
r=~~Bn~rllllim-'-_I·LII.~'
Heann s 14 12 17 21 19
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Field Services Patrol HoW's
Under the current Agrccmcnt, the Sheriff's Office tracks the number of hours that Field Services
personnel spend on assignments tor the City of Dublin. This factor is then used to al10eate the City's
share ofthc cost for servicc. For example, if Field Services bas 5,000 hours available county-wide and
500 hours are recorded in the City of Dublin, Dublin's cost is 10% of the actual Field Services
expenditure.
The amount oftime provided by Field Services has fluetuatcd over the years depending on the availability
of Animal Control statI and community requests for service. When resources arc limited, the Sheri.trs
Office tocuses on response to cal1s for service and less time is available for proactive patrols. The
fol1owing table idcntifics the historical nwnber ofField Service hours providcd to the City of Dublin, as
well as the percentage this represents ofthc total Field Services operation. Following is a historical
breakdown of Field Service hour usage:
Cost $29,988 $33,208 $74210 $54,80 I $58,708
% 5.54% 8.14% 9:Z.?'J:'óm~ 8.50% 11.00%
Dub1in Ficld
Service Hours 262.18 435.35 485.00 357.09 462.00
Total Field
Service Hours 4,736 5,348 4,992 4201 4,200
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It is important to note that although the service level has fluctuated in terms oftotal available field service
hours, and pereentagc of service hours dedicated to Dublin; Staff does not reeeivc a significant number of
calls from residents suggesting that service levcls are inadequate. The existing contract arrangemcnt has
allowed the City to pay only for those services that were actually rcccived.
The following table provides a comparison of the cost of contracting for Animal Control Field Serviecs
through the existing contract, and the estimated cost of services ifprovided directly by city staff:
In-Honse 0 eratin Cost
Pcrsonnel
Serviccs & Su lies
Internal Service Fund
--,_.."~,,.--_._.,..
Çapi~a~
Cost per Resident
Po ulation 38,350
$128741
81,316
7,300
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4.0,125
~2.5.878
81)16
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5,762
1,500
$1.43
$2.50
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Notc that the pcrsonnel estimate reflects the cost of one ful1-time Animal Control Officer, providing
services forty (40) hours per wcek, including an assumption for minimal overtime/after hours callout
services of 1.5 hours per week, on average. Additional aller-hours services, and vacation/leave eoveragc
would routinely need to be provided by Dublin Policc Officers assib'l1ed to Patrol Operations. This is
eonsistcnt with currcnt practice; in the absence of Animal Contro1 Officers, Police Officers are requested
to respond to emergency service requests.
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Field Services Workload Indicators
Throughout the year StatT rceeives monthly reports ITom Animal Control identifying the activitics
performed. The f()lIowing table provides a comparison of this information for key activities:
Bites
Complaints/
Calls t()r
Service
-..........".',.---.--.....
Citation
Violations
Dead Animals
35
39
30
21
26
43 34 23 29 26
-_.","'.,_.'.,_.'-
32 13 29 46 38
101 110 135 105 120
As the City experiences population growth it is anticipated that the requcsts for service will begin to
increase more rapidly.
Licensing
Animal Control also provides dog-licensing services for the City of Dublin. Thc purposc of the dog
license is to assure compliance with tho requircmcnt of inoculating dogs against rabies, and to assist with
the return of the animal in the event it is lost. All revenue eollected ITom Dublin residents by Alameda
County ITom license sales is forwarded to the City. Licenses can be purchased by mail and at the East
County Animal Shelter, which is open seven days a week. Licensing applications are also provided to
local veterinarians for distribution to dog owners.
The fol1owing table displays thc historical dog license revenue:
The increased revenue realized in Fiscal Year 2004-2005, is due to only thrcc quarters of funding received
in Fiscal Year 2003-2004, with reeeipt ofthc fourth quarter being received in the f()l1owing fiscal ycar.
fiscal Year 2005-2006 revenue projections assume ¡¡)Dr quarters ofrevcnue will be received during the
year.
Dog licensing fees have been established as f{¡lIows:
I Year
2 Year
..---...---...--.-
3 Year
$12.00
$18.00
$22.00
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$6.00
$9.00
$11.00
--_.."'.,-----
1 Year
2 Year
3 Year
$6.00
$9.00
$11.00
$3.00
$4.50
$5.50
The fee schedule is structured to: (I) encourage residents to purchase multi~year 1icenses; thereby paying
a lower cumulative cost rather than renewing the license annual1y at a slightly higher cost; (2) encourilge
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residents to alter pets; thereby reducing the unwanted animal populalion. Revenue will fluctuate annually
depending upon the type oflieensc purchascd by the pct owner.
~_a.st.Ç9untyA!1imal.§b!c'U.!c'D
In January of 1996, the City Council approved tbe Agreement describing the shared responsibility for the
ownership and operation of the East County Animal Shelter. The City of Dublin participates along with
thc cities of Livermore and Pleasanton and Alameda County. In accordance with the Agrccmcnt, the cost
of shelter operations is shared based on tbe number of live animals impounded in the previous calendar
year. Thercforc, the Fiscal Ycar 2005-2006 cost sharing is based on the number of live animals
impounded in 2004. This figure will be adjusted each year. The following table displays the City of
Dublin's impound statistics on a calendar year basis, since 2001:
l:1111f,1;_~lIi_~U~IIIIJ
:~~:~:ed 421 440 H__H____ 500 444 472
East County Animal Shelter Operating Costs
11 is expected that with thc increase in Field Service hours and population growth, the City wi11 continue
to represent a larger share of use at the Animal Shelter. As stated abovc, thc shelter operating cost sharing
for thc 2005-2006 Fiscal Ycar, is based on the 2004 Calendar Year live animal count. The following table
represents each participating agency's share of the live animal count between Calendar Years 2000 and
2004:
Coun of Alameda
Cit of Livermore
Cit of Pleasant on
Cit of Dublin
30.30%
39.62%
_-' 72 6o¿~_
12.32%
The cost of tbe Shelter operation is also off~et by revcnucs collected for redeemed and adopted animals.
In Fiscal Year 2005-2006 the estimated net cost of the shelter is expected to be approximately $898,630,
with Dublin's 12.35% share to be approximately $111,000. Thc cost increases are due primarily to
incrcasing labor costs, and increased service and supply costs. As previously noted the City only pays its
sharc of the actual costs.
The following table displays Dublin's historical share of East County Animal Shclter Services operating
costs:
A Shelter Advisory Committee, with a Staff member from each agency, mects with Sheri.ff's Office
personnel quarterly to discuss opcrational and budgetary issues. Th.e Advisory Committee offers thc City
a voice in issues affecting the City's investment in the Shelter building and addressing the appropriate
levels of service.
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AgJ;Çement for Ovcration and Maintenance of the East County Animal Sheller:
Prior to thc Shelter opening in 1995, the Owners (Pleasanton, Livennore, Dublin and Alameda County)
circulated a request for proposal to identify an operator for the shelter. After reviewing options, the
owners determined that the best service option was to contract with the Alameda County Sheri.ffs Office,
which provided opcration and maintcnance to the old animal shelter. As a result, the owners entered into
a Memorandum of Understanding with the Sheri.ffs Office for this service.
The current Memorandum of Understanding expires in June 2005. This agreement provided that the
Sheriffs Office operate and maintain the shelter t(¡r a peri.od of three years, commencing January 1,2001,
with an option to extended the agreement for an additional two years with the approval of all involved
parties. Thc entities subsequently authorized tlle two year extension.
For the past year, the owners have met to review the temls and conditions ofthe Memorandum of
Understanding and thc reviscd document is being recommended for approval. The revised Memorandum
of Understanding contains the f(¡llowing provisions and significant ehangcs from the cxisting
Mcmorandum of Understanding:
· The Sheriff's Office will continue to operate and maintain the she1ter for a pcriod of three years
commencing July 1,2005. Further, thc Mcmorandum of Understanding may be extended for an
additional two years with the approval of all involved parties.
· Shelter activities and operations will continue to be monitored by the Shc1ter Advisory Committee.
Currently, the Committee meets on a quarterly basis with Sheritrs OHice personnel regarding East
County Animal She1ter operations,
· The Sheriff's Officc will bc rcsponsible for submitting an almual operating budget, which is subject to
review and approval by the cities and Alameda County. The operating budgct covers all aspects of
shelter operations and maintenancc.
· Cost for shelter operations and dcbt service for the shelter (the latter of which is covered under a
separate agreement) will he shared hy all ofthe owners based on a formula related to the number of
live animals handled at the shelter during any calendar year. (See above for the cost sharing formula.)
· Services provided include: providing live animals at the shelter with food and watcr and/or veterinary
carc; cuthanizing animals not othcrwise adopted, redeemed, sold or donated to adoption organizations;
spay/neutering of dogs and cats; disposing of dead animals; providing all building maintenance
services including utility services; and supplying all necessary labor including training, supervision,
and equipment necessary to operate the she1ter.
The currcnt agrccment has been negotiated by the Alameda County Sheritrs Oftke and representatives
on the Shelter Advisory Committee and is being reeommendcd for approval by the Cities of Livermore,
Pleasanton, and Dublin. Following approval ofthe Memorandum of Understanding, the agreemcnt will
be presented to the Alameda County Board of Supervisors for their approval.
RECOMMENDATION
Staffrecommends that the City Council receive the report and adopt thc Resolution approving the
Memorandum of Understanding for AnÍJnal Shelter Services.
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF TIlE CITY OF DUBLIN
*********
APPROVING THE
MEMORANDUM OF UNDERSTANDING
FOR ANIMAL SHELTER SERVICES
WHEREAS, thc East County Animal Shelter is jointly owned by the Cities of Livermore,
Pleasanton and Dublin and Alameda County (Owners); and
WHEREAS, tbe Owners eurrent1y obtain Animal Shelter Services from thc Alamcda County
Sheri.ff's Officc pursuant to an Agreement dated January 1,2001; and
WHEREAS, the Shelter Advisory Committee (comprised ofa representative from each owning
agency) have reviewed shelter operations and determined that the Sheriff's OfJJce has continued 10
provide cost effective, qualily services to the community; and
WHEREAS, the Owners have ncgotiatcd an agrcement with Alameda County Sheriffs OfJJce to
continue providing shelter operating services for a period ofthree years with an option to extcnd thc
agreement tor an additional two years, upon approval of all parties.
NOW, THEREFORE BE IT RESOLVED that thc City Council of the City of Dublin does hereby
approve the agreement by and between the Cities of Livermore, Pleasanton, and Dublin and the County of
Alanleda for provision of animal shelter services by the Alameda County Sheriff's Office; and
BE IT FURTHER RESOLVED tbat the City Manager is authorized to exeeutc thc Memorandum
of Understanding for Animal Sheltcr Services on behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 20'" day of Junc, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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ATTACHMENT 1
Lot.S'
MEMORANDUM OF UNDERSIAIimNG
ANI!\tAL SHELTER SERVICES
This Memorandum of Understanding (M.O.U.), is made and entered into this day of
, 2005 by and among the Alameda County Sheritfs Offiec, hereinafter referred to as
"OPERATOR", and the cities of Duhlin, Livermore and Plcasanton and the County, hereinafter
referred to col1ectively and individually as PARTICIPATING ENTITIES.
References to East County Animal Shelter, hereinafier referred to as "SHELTER," shal1
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 eitics 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 Sheltcr Operation Advisory Committee created
in the Agreen1ent among the County of Alameda and the Cities of Dublin, Ljvennore and
Pleasanton.
REClT ALS:
a. The PARTICIPATING ENTITIES arc dcsirous of contracting with OPERATOR lor the
performanec of animal sheltcr services.
b. The OPERA TOR is agreeable to rendering such scrviecs on the terms and conditions hereinatìer
sct forth.
c. Such contracts are authorized by Section 51300 et seq. ofthe 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:
l. SERVICES TO BE PROVIDED
OPERATOR agrees to provide animal shelter services to PARTICIPATING ENTITIES lor animals
impounded pursuant to City ordinance, County codes and State law. Such services shall include,
but not be limited to, recciving live animals at SHELTER; providing live animals at SHELTER with
food, water, farrier and/or veterinary care, euthanizjng animals not otherwise adopted, redeemed,
sold or donated to adoption organizations, spay/ncutcring of dogs and cats, and disposing of dcad
animals. OPERATOR shall furnish and supply al1 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 M.O.U.. OPERATOR shall designate the
individual to function as SHELTER supervisor.
II. METHODOLOGY FOR DETERMINING COST ALLOÇATIQNS.
ATTACHMENT 2
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1. PARTICIPATING ENTITIES shall share in the cost of personnel, maintenance
services and the supplies required to opcrate the shelter in accordance with this M.O.V.
Paymcnt shall be based on PARTlCIPATJNG ENTITIES' percentage share of thc total
number of live animals handled at SHELTER during the previous calendar year ending
Decemher 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 HW1dled report, as
specified in Attachment B, no later than March 31 of each year, which indicates the total
number of live animals handled in thc 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 agcneies other than PARTICIPATING ENTITIES, including
unincorporated areas of Alameda County currently serviced from the Fairmont Animal
Shelter, OPERATOR shall establish a cost tor the service and bill the non~participating
agency 10r the service, unless the COMMITTEE agrees to waive such costs.
4. In the event a Participating Entity withdraws from this M.O.V., the remammg
Participating Entities shall meet to detennine the most appropriate mcthodology for sharing
costs_ The withdrawing entity shall be required to pay its share of SHELTER serv.ices until
the effective date of the withdrawal.
Ill. APPROV AI- OF ANNUAL OPER,ATillQBJIDGET
1. On an annual hasis, on or beforc March 31, OPERATOR shall provide
COMMJTTEE a proposed annual operating budget (hereinafter referred to as "budgct")
for the upcoming fiscal year. The budget sha11 include, but not be limited to, persolli1el
salaries ineluding bcnetïts, operating services and supplies, furnishings, equipment,
building/grounds maintenance, utilities, indirect charges, projected revenues in a format
approvcd by COMMITTEE, and a contingency to be used to baekfi11 any vacant position
at the Sheller. BaekfíI1ing resulting from any shelter employee being paid on
administrative leave with pay shaH be limited to thirty days. OPERATOR shall track and
provide COMMITTEE with an annual report detaiJing the hours and positions used for
baek1ï11ing_ Any proposed significant changes in SHELTER operations, including but not
limitcd to, thc 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 rcjeet the proposed budget_ If
approved by COMMITTEE, PARTICIPATING ENTITIES shall adopt the budget and shall
in10rm OPERATOR in writing that the entity has allocated its apportioned share of funds tor
services, no later than June 30. If COMMITTEE does not approve the budget, it shall
provide OPERA TOR 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 budgct 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 ENTlTJES no later than 90 days after the start ofthe tlscal 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 I. The
PARTICIPATING ENTITY shall make payment within 30 days afier receipt of invoice.
OPERATOR'S invoice shan 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 shan include an 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 ovcr to the next fiscal year.
4. Approval of the budget autborizes the OPERA TOR 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 shan notify the COMMITTEE aod request approval
of the additional costs prior to incurring the cosK Any approved costs win be included as
part of an amended or new hudget_ The COMMITTEE, as soon as reasonably possible, may
request the OPERATOR provide information justifying the cost inereascs. (Any approved
costs win be included as part of an amended or new budget)
IV. GENERAL CONDITIONS
1_ Responsibilities of OPERATOR:
a. SHELTER operations, including the handling of animals, shan comply with all
policies and procedures estahlished hy the County Director of Field Scrvices, as reviewed by
COMMITTEE. OPERA TOR agrees to maintain a policy and proecdure 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.
e. OPERATOR shall providc forms for CITIES' use only for live or dead animals
brought to SHELTER. CITIES will he responsible for their own internal reporting
procedures not part ofthis M.O.V.
d. Animals picked up by CITIES and delivered to SHELTER win be hcld 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 1icense fees only for dogs redeemed or
adopted from the SHELTER. Those fees will he remitted in fun to CITIES. Dog license fees
conected win 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 shan
makc an etTort to establish uniform fees. OPERATOR may waive payment of such fees,
only upon permission of the involved PARTICIPATING 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 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 OPERA TOR.
e. 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 shaH not be received by OPERATOR without written
veterinary elearance to hold them at SHELTER.
d. Indigenous wild animals protected under State law picked up by CITIES must be
turned over to tbe State Department ofFisb and Game by CITIES_
e. CITIES agree to make all reasonable efforts to return licensed dogs and other
animals, otherwise idcntifled, to thcir owners before delivering such dogs or other animals to
SHELTER.
V. SHELTER OPERATIONS ADVISORY COMMITTEE
1. The Shelter Operations Advisory Committee (COMMITTEE) shall estahlish 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 Icast 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. COMMITrEE shall have access to all operating and
financial records of SHELTER, and SHELTER staff shall provide information neecssary to
understand those matters within the purview of COMMITTEE.
2. COMMITTEE may initiate recommendations regarding OPERATOR'S general
operations, stal1íng, policies and procedures, financial operations, ineluding approval of the annua1
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,
OPERA TOR shall confer with COMMITTEE and obtain the advice and recommendations ftom
COMMITTEE before making such changes. COMMITTEE may accept or rcject the changes. The
OPERATOR shall usc its discretion to address emergeneics and shall be required to provide the
COMMITTEE with a report detailing any tcmporary changes to policy or the budget to address the
emergency.
4. In the event OPERATOR is rcquircd to make changes to SHELTER operations to
confonn to operational and regulatory mandates, including mandates from Alameda County,
affecting SHELTER, OPERATOR shall notify COMMITTEE, in writing, of the expected nnancial
and operational implications of the change(s). COMMITTEE may reeommcnd alternative policies,
4
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budgct amcndments, procedures and operations. The COMMITTEE may request the opcrator to
maintain infromation detailing the affect the change(s) have on SHELTER operations and budgct.
5. Recommendations and actions of COMMITTEE shaH be approved by a majority
votc of COMMITTEE.
VI. NO_Ç.HANGl;lli EJ\1PLOYMENT EFFECTED HEREBY
AH persons cmployed by OPERATOR to perfonn services pursuant to this M.O.V. shaH bc
and remain OPERATOR employees and sball at a1l times be under the direction and control of
OPERATOR. No CITIES' employees shall perfonn services which OPERATOR is obligatcd to
provide under this M.O.V__ All persons employed by OPERATOR to perform the serviecs pursuant
to this M.O.V. sha1l be entitled solely to the rights and privileges givcn to OPERATOR employees
and shall not be entitlcd, as a result of providing services required hereunder, to any additional rights
and privilcgcs 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.V..
VII. INDEMNII'JÇ,ATION
CITIES agree to defend, indemnify, and hold hannless the COUNTY, its oilíeers, employces
and agents, from any and all acts, claims, omissions, liabilities and losses by whomcvcr asserted
arising out of acts of omissions of CITIES in the perfonnanee of thc scope of work except those
arising by reason ofthc sole ncgligenee 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 a1l acts, claims, liabilities and losses by whomcver asscrted arising out of
acts or omissions of the Operator in the performance of the scopc of work, except those arising by
reason of the sole negligence of CITIES, thcir officers, employees and agents.
VIIl. TERM
This M.O.U. shaH commence on July 1, 2005, and shall continue for three (3) ycars
thereafter unless terminated. This M.O.V. may he extended for a period of two years upon mutual
agreement of the OPERATOR and PARTICIPATING ENTITIES. Eithcr OPERATOR or
PARTICIPATING ENTITIES may terminate this M.O.U. Upon written notice one hundred eighty
(180) days prior to expiration of tlùs agreement. Termination initiated on behalf of
PARTICIPATING ENTITIES shall require a majority vote.
Vpon termination of this M.O.V., intercsts in furnishings and equipment will rml1ain with
PARTICIPATING ENTITlES.
IX. l\10QJfIC.-1TlON
This M.O.V. may only be modified in writing by mutual agreement of all pmiies hereto.
CITIES:
By:
By:
Dublin City Attomey
Richard C. Ambrose, City Manager
5
City of Dublin
By: .__ . ..__.__....._.__...
Linda M. Barton, City Manager
City of Livermore
By:
Nelson Fialho, City Manager
City of Pleasanton
COUNTY o.F ALAMEDA:
By:
President
Alameda County Board of Supervisors
By:
....._.._-".~,,-,,_.,.,,_..
Charles C. Plummer
Sheriff
6
By:
1°bL1
Approved as to form
Livennore City Attomey
Approved as to form
By:
Pleasanton City Attorney
Approved as to form
By:
County Counsel
Approved as to form
(pleasdata:cm\share\\shelter agreement revised 8)
£DbC\
Attachment A
EXAMPLE OF BILLING METHODOLOGY
Calendar Year 2004 Number of Live Animals
Number oO,.,iy¡:b,niwals
Percentage of Total Live Anima1~
Entity A
Entity B
Entity C
Entity D
Tota1
401
1333
653
&ti-º
3247
12.350%
41.053%
20.111%
26.486%
100.000%
FISCAL YEAR 2005 - 2006 Actual Shelter Quarterly Operating Costs
Services and Supplies
Salaries and Benefits
Indirect Costs on Salaries & Benefits
BMD Space
Total Gross Costs
$ 25,642
153,043
24,915
48.174
251,774
Lcss Revenue
----.LL§,;¡':iill
Total Net Costs
$ 235,524
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
~j!.;¡',J80.88
TOTAL QUARTERLY CHARGE $235,524.03
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