As appropriate and after consulting with County, Business Associate shall also notify affected individuals and the media of a qualifying breach. q. Business Associate understands that it is directly liable under the HIPAA rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of Protected Health Information that are not authorized by this Attachment, the underlying contract as or required by law.
III. PERMITTED USES AND DISCLOSURES BY CONTRACTOR AS BUSINESS
ASSOCIATE
Except as otherwise limited in this Schedule, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, County as specified in the Agreement; provided that such use or disclosure would not violate the Privacy Rule if done by County.
IV. OBLIGATIONS OF COUNTY
a. County shall provide Business Associate with the notice of privacy practices that County produces in accordance with Section 164.520, as well as any changes to such notice. b. County shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect Business Associate's permitted or required uses and disclosures. c. County shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that County has agreed to in accordance with Section 164.522.
V. PERMISSABLE REQUESTS BY COUNTY
County shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if so requested by County, unless the Business Associate will use or disclose Protected Health Information for, and if the Agreement provides for, data aggregation or management and administrative activities of Business Associate.
VI. DUTIES UPON TERMINATION OF AGREEMENT
a. Upon termination of the Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from County, or created, maintained, or received by Business Associate on behalf of County, that Business Associate still maintains in any form. 53 This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information.
b. In the event that Business Associate determines that returning or destroying Protected Health Information is infeasible, Business Associate shall provide to County notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of the Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protection Health Information.
VII. MISCELLANEOUS
a. Regulatory References. A reference in this Schedule to a section in the HIPAA Privacy Rule means the section as in effect or as amended, and for which compliance is required. b. Amendment. The Parties agree to take such action as is necessary to amend this Schedule from time to time as is necessary for County to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191. c. Survival. The respective rights and obligations of Business Associate under this Schedule shall survive the termination of the Agreement.
d. Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a meaning that permits County to comply with the Privacy Rule.
e. Reservation of Right to Monitor Activities. County reserves the right to monitor the security policies and procedures of Business Associate.
54 Attachment I
Fingerprinting Certification Form
DATE: July 1, 2021
AGREEMENT WITH: Peninsula Humane Society & SPCA
FOR: Peninsula Humane Society & SPCA
Contractor will require records of fingerprinting and background checks for program staff in sensitive positions including animal control officers, humane officers, and staff who treat animals with controlled drugs or perform euthanasia.
NAME: Anthony Tansimore
TITLE: President:Customer1
SIGNATURE:
DATE:
55 Attachment J
Rabies Algorithm
56 57
58 59
60 61
Attachment K
Animal Shelter Facility Use and Maintenance Agreement
Animal Shelter Facility
Use and Maintenance Agreement
Between
The County of San Mateo as County"
and
Peninsula Humane Society & SPCA as Contractor"
for
The Animal Shelter Facility
12 Airport Blvd, San Mateo CA 94401
1 Section I. General Provisions
A. The purpose of this Animal Shelter Facility Maintenance Agreement ("Agreement") is to set forth the roles and responsibilities of the County of San Mateo (hereinafter "County," which includes employees, officers, and authorized representatives), acting through its San Mateo County Health Division of Public Health Policy & Planning ("PHPP"), and the County Public Works Department Facilities Maintenance, Operations and Building Services ("Facilities Services"); and the Peninsula Humane Society & SPCA (hereinafter "Contractor," which includes employees, officers, and authorized representatives) for Contractor's use, operation and management of the Animal Shelter Facility, located at 12 Airport Boulevard, in the incorporated area of the City of San Mateo, California ("Shelter").
B. The parties understand and agree that Contractor's use of the County-owned Shelter is pursuant to and contingent upon an active Service Agreement between Contractor and County for Contractor's animal control services to the County ("Animal Control Services Agreement"). Contractor may use and occupy the Shelter only for the purpose of providing animal control and sheltering services to the County and cities as set forth in the Animal Control Services Agreement and any additional activities as mutually agreed to by Parties. This Agreement shall terminate concurrently with the Animal Control Services Agreement.
If there is a material breach of this Agreement by Contractor, then this Agreement is subject to termination at the County's option if Contractor fails to cure the breach within sixty days (60) notice by County of such breach. However, if the breach Is causing continuing damage to the Shelter, County may take any steps necessary to immediately halt such damage, and if the breach is intentional or negligent, then Contractor shall be solely responsible for the cost and expense.
Upon expiration or termination of this Agreement and/or the Animal Control Service Agreement, Contactor shall be given 7 days to vacate the Shelter by removing all Contractor-owned and personal items and return the Shelter in a clean and orderly fashion, ordinary wear and tear excepted. Contractor will use best efforts to not disrupt any operations occurring at the shelter during this time C. This Agreement shall be in effect from the date last signed below and run concurrent with the Animal Services Agreement and any fully executed extensions. Upon termination of this Agreement, Contractor shall vacate the Shelter on the date of termination and return it to County in good condition, excepting normal wear and tear. Any damage to the Shelter caused by the negligent or intentional acts of Contractor shall be promptly repaired by Contractor at its sole expense and not out of Contract funds or other County funds.
D. The County acknowledges and agrees that the entirety of fees and costs related to Contractor's operation of the Shelter, and/or performance of this Agreement, shall be funded solely from the Contract Funds provided to Contractor from County under the 2 Animal Control Services Agreement, except as otherwise provided herein. The County and Contractor acknowledge and agree that if the Contract Funds prove insufficient to meet the financial needs of maintaining the Shelter, and/or performing Contractor's maintenance and repair duties under this Agreement, the Contractor will not be responsible for the payment of any overage, unless caused by its negligent or intentional acts or omissions. If the Contractor anticipates costs that will exceed the Contract Funds, Contractor will use best efforts to provide County with notice as soon as it becomes aware of such potential overage, on a quarterly basis, and provide adequate documentation of the cause and amount of such anticipated coverage.
E. Indemnification and Insurance
1. Hold Harmless & Indemnification
(i) Contractor shall hold harmless and indemnify the County, and each participating city as listed in the Animal Shelter Service Agreement as third party beneficiaries, their officers, agents, and employees from all claims related to performance of this Agreement and/or use, operation, maintenance or repair of the Shelter by Contractor or its employees, contractors or agents including suits or actions of every name, kind and description, brought for, or on account of: (1) injuries to or death of any person, including but not limited to actions brought for (or on account of) injuries or death to County or Contractor's agents, officers or employees; (2) damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to damage to property of County or Contractor or its agents, officers, or employees; or any other loss or cost, resulting from the performance or nonperformance of any activities undertaken under this Agreement, and/or which result from the negligent or intentional acts or omissions of Contractor, its officers, agents or employees. This obligation shall survive the termination of this Agreement for any claims arising during its term.
(ii) The County shall hold harmless and indemnify Contractor, its officers, agents, and employees from all claims caused by the conduct of the County, or its agents, officers or employees, including but not limited to suits or actions of every name, kind and description, brought for, or on account of: (1) any and all claims related to the construction, and/or repair of the shelter by the County, whether such claims are based on performance or performance of an obligation, and whether such claims are based on conduct that happened before and/or after Contractor took possession of the Shelter; (2) injuries to or death of any person, including but not limited to actions brought for (or on account of) injuries or death to County's agents, officers or employees; (3) damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to damage to property of the County or its agents, officers, or employees; 3 or any other loss or cost, resulting from the performance or nonperformance of any activities undertaken under this Agreement, and which result from the negligent or intentional acts or omissions of the County, its officers or employees. This obligation shall survive the termination of this Agreement.
(iii) In the event claims are brought against Contractor and County, the ultimate liability for damages, shall be apportioned according to the comparative fault of Contractor and County.
The duty of Contractor, and of the County, to relieve, indemnify, protect and hold harmless, as set forth hereinabove, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
2. Property Damage Coverage
All Risk Contractor at its cost shall maintain on the building and improvements that are a part of the Shelter a policy of all risk property, in the amount of the replacement value of the Shelter, its improvements and contents. The insurance policy shall be issued in the names of County and Contractor as their interests appear. The insurance policy shall provide that any proceeds shall be payable to County, excluding proceeds related to damage to equipment and supplies owned by Contractor.
3. Liability Insurance
Contractor at its cost shall maintain Comprehensive Liability insurance for the following coverages with the following limits Insuring against all liability of Contractor and its authorized representatives arising out of and in connection with Contractor's use or occupancy of the Premises:
(i) Shelter Premises Liability with a minimum limit of $1,000,000 Combined Single Limit (CSL) each occurrence; and
(ii) All Comprehensive Liability insurance shall insure performance by Contractor of the Hold Harmless and Indemnification Sub-section of this Agreement;
(iii) County shall be named as "additionally insured";
(iv) All required Insurance shall contain a Separation of Insureds or Severability of Interests provision; and
(v) The policy shall not be cancelled or non-renewed unless the County has received 30 days prior written notice. (Ten days prior notice in the event of cancellation for nonpayment of premium is acceptable.) Written notice shall be sent to:
4 County of San Mateo
Attn: Animal Services
225 37th Ave.
San Mateo CA. 94403
4. Workers' Compensation and Employer's Liability Insurance During the entire term of this Agreement, Contractor shall have in effect Workers' Compensation coverage providing full statutory benefits and employer's liability.
In executing this Agreement, Contractor makes the following certification:
Contractor is aware of the provisions of Section 3700 of the California Labor Code, which require every employer (1) to be insured against liability for Workers' Compensation or (2) to undertake self-insurance in accordance with the provisions of the Code. Contractor will comply with such provisions.
5. Miscellaneous Insurance Provisions
Contractor shall pay the premiums for maintaining the insurance required hereinabove. All the insurance required under this Agreement shall:
(i) Be issued by insurance companies authorized to do business in the State of California, with a financial rating of at least an A- IV status as rated in the most recent edition of Best's Insurance Reports. Coverage provided by State Fund Insurance shall satisfy this requirement. (ii) Be issued as a primary policy.
(iii) Contain an endorsement requiring thirty (30) days' notice from the insurance company to both parties before cancellation or change in the coverage, scope, or amount of any policy.
(iv) County shall be named as "additionally insured" on each policy.
6. Certificate of Insurance
A certificate of insurance, together with evidence of payment of premium, shall be deposited with County at the commencement of this Agreement, and on renewal of the policy not less than twenty (20) days before expiration of each policy.
In the event Contractor fails to deliver the certificate of insurance verifying insurance coverage as required in this Section, County may declare a material breach and terminate the Agreement as provided herein or, at its option take out all or part of the required insurance and pay the premium thereon on behalf of Contractor.
5 7. Force Majeure
(i) Neither party is responsible for any failure to perform or delay In performing its obligations under this contract, to the extent it is prevented or delayed in performing those obligations by an event of force majeure. (ii) Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party In performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract.
(iii) Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract. Where the party affected is the contractor, the contractor must provide, within 15 business day, a schedule for managing the Contractor's obligations under this Agreement to minimize the effects of the prevention or delay caused by the event of force majeure.
(iv) An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
(v) Definition. An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent, and includes but is not limited to such matters as:
a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
b) ionizing radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component;
c) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;
d) earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity;
e) regional health emergency due to government health
advisory(ies); and
6 f) strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labor not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works but excluding any industrial dispute which Is specific to the performance of the works or this contract. g) Increased costs incurred by Contractor in the provision of services under this Agreement, shall not In itself be considered an event of force majeure even if such increased costs are the result of such an event.
Section II. Contract Information
To better coordinate all services, Facilities Services has established the Facilities Customer Service Center (FCSC). The FCSC provides a single point of contact for customers and dispatch of staff and should be the primary resource for departmental or Contractor's Maintenance Coordinators and others responsible for requesting maintenance services. The FCSC is staffed during normal business hours and can be reached at 363-4444.
For management issues and/or to discuss specific activities or projects, the overall coordinator of this Agreement and the main point of contact is Gary Behrens, Facilities Services Manager, 363-1875.
For custodial issues specifically, contact Duane Minor, Building Services Manager, 363-4445.
The supervisor for each area or function will manage day-to-day activities:
1. Win Maung, 599-1300 ([email protected]). Operation and maintenance of facility systems and equipment for County owned buildings at the Government Center, Redwood City.
2. Thomas Sipp, 312-5257 ([email protected]). Operation and maintenance of facility systems and equipment for County owned and leased buildings in outlying areas.
3. Patrick Oliver, Crafts Supervisor, 363-1877 ([email protected]). Repair, maintenance, and safety/regulation required upgrades related to carpentry, painting, and locksmith services for all County facilities.
4. Jose Villalobos or Mark LaGrone, 363-1951 ([email protected] & [email protected]). Custodial, parking lot, loading dock, and room set-up services for all County Center facilities.
Facilities Services is responsible for updating and maintaining this list with current contact information.
7 Section III. Baseline Services
The baseline services outlined below are to be paid for by Contractor solely with funds provided to Contractor under the Animal Control Services Agreement the provided ("Contract Funds") (see Section VII for current charges). If these fees exceed the Contract Funds, the financial obligations shall be resolved in accordance with Section I.D., supra.
A. General Shelter Facility
1. Preventive Maintenance and Routine Repairs
Facilities Services will responsible for performing regular repair and maintenance on the Shelter, including all parts, material and labor. Facilities Services will make, or schedule repairs as determined by the County to be needed, or pursuant to a reasonable request by Contractor, with 24 hours advance notice to Contractor if possible, by phone or email. Repairs and maintenance include, but are not limited to, any and all work on the following areas of the Shelter:
i. Structural portions of buildings (roof, gutters, doors, skylights windows, flooring)
ii. Solar panels and carports
iii. Repair and maintenance to the building mechanical systems including heating, ventilation & air conditioning system (HVAC), electrical distribution and lighting
iv. Repairs of electrical systems (except for light fixtures) v. Exterior painting (with exception of any touch-up exterior painting) vi. Interior painting of common areas in County standard colors (entrances, lobbies, restrooms, main hallways)
vii. All major plumbing issues shall be maintained by Facilities Services; however, toilet fixtures and sink clogs shall be the responsibility of the Contractor. If any damage is caused by Contractor's, or a vendor of Contractor's, intentional or negligent acts, Contractor shall be responsible for the cost of repair, not out of Contract Funds. County shall not be considered a vendor for the purposes of this Agreement. viii. Preventative maintenance of the fire alarm system ix. Generators and emergency power systems
x. All warranty work related to the new construction. Facilities Services to communicate to Contractor which items are under warranty. xi. Facilities Services staff will perform quarterly facility inspections to identify the condition of the various systems and structure and will identify necessary repairs or maintenance to be performed to keep the facility in proper condition. Facilities Services and other County staff or officials may inspect the condition of the Shelter Facility at any time during working hours. In order to limit the impact to Contractor operations, County shall provide Contractor with at least 24 hours' 8 notice of the intended inspection, which notice may be provided by email.
2. Contractor Obligation to Notify of Needed Repairs or Maintenance Contractor shall promptly notify Facilities Services of any necessary repairs or maintenance that could impact the long-term condition of the Shelter, or the provision of animal control and animal care services to the County.
3. Emergency Repairs
Facilities Services will assure response in all critical situations within 2 hours of receiving actual notice, making immediate temporary repairs when required for safety or security reasons. Examples of such situations include but are not limited to:
(i) Broken windows, doors and locks
(ii) Air conditioning in computer server rooms and other sensitive areas (iii) Interruption of electrical service
(iv) Broken pipes and clogged plumbing (Contractor shall try to clear clogs In toilet or drain prior to calling Facilities Services)
(v) Leaking roofs
(vi) Damage resulting from natural disasters
(vii) Other situations which Contractor or County reasonably determines compromises the immediate health or well-being of the animals, the staff, volunteers or visiting public.
4. Process by which Contractor addresses Repairs/Service Needed on an Emergency Basis
(i) Upon becoming aware of a situation, Contractor shall immediately notify Facilities Services of any repairs or maintenance needed to address items that could cause immediate damage or injury to the Shelter, or to persons working or animals being cared for therein, including but not limited to plumbing/water leaks, roof leaks, or fire or other hazards. (ii) Should an urgent situation arise in which Facilities Services is unable to respond within 2 hours to a major system failure which has the potential for immediate and serious health or safety impacts to animals, staff/volunteers, employees, or the public, and/or the continued operation of essential animal control and sheltering programs and which cannot be otherwise managed or contained, Contractor may retain the services of a reputable repair person to address the issue, after notifying Facilities Services.
(iii) Contractor shall notify Facilities Services and PHPP within 2 hours of its decision and reasoning to take such actions. Contractor will provide Facilities Services with the key points of how the issue is being addressed. If possible, Contractor will arrange for a temporary solution so that Facilities Services can complete the full work once they are available.
Contractor will use Contract Funds if Contractor incurs expenses due to 9 an emergency repair as outlined in this subsection, unless caused by the intentional or negligent acts or omissions of Contractor, or its vendors, in which case Contractor shall be responsible for these expenses not using Contract Funds.
(iv) Contractor must comply with any prevailing wage requirements of state law as applicable for any construction or repair it undertakes not performed by Facilities Services.
5. Utilities
(i) Contractor is responsible for furnishing and paying for all utilities for the Shelter, including gas, water, electricity, sewer, telephone/internet and garbage service. All utility services shall be paid from the provided Contract Funds.
(ii) Contractor shall maintain all records pertaining to all repair, replacement, maintenance utility and other services provided under this Agreement for a period of four years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by the County, a Federal granter agency, and the State of California.
6. Signage
(i) Facilities Services will provide directional signs for parking lots and building lobbies.
(ii) Contractor will have input on suitability of all signage installed by County.
PHS will not install signage without approval of County.
7. Pest Control
Contractor will use best efforts to maintain the Shelter pest- free.
Contractor (PHS) will enter into, pay the costs of, and monitor a recurring and scheduled contract for pest control services in and around the Shelter, and on an as needed basis. The contract shall cover control of all types of pests, including termites and all types of insects, rodents and other and vermin. Costs will be paid from Contract Funds. The pest control invoices/reports will be made available to County upon request.
8. Disaster Response
In the event of a natural disaster such as a major earthquake, Facilities Services staff are trained and prepared to respond to and secure building systems. County shall not be responsible or liable for any damages to Contractor or any third party for injuries or damages caused by a natural disaster or any injuries or damage to any person or property belonging to any person, or interruptions of any operations of Contractor, as a result of a natural disaster.
10 9. Skilled Craft Services
i. Carpentry
Facility Services carpenters will perform maintenance and repairs as needed as determined by the County Facilities Services, or upon reasonable request by Contractor, and approval by County on roofs, doors, windows, water damaged areas and hard surface floors in common areas. Facilities Services will also patch and repair chips and holes in walls. Other carpentry services are available on a fee for services basis {see Section IV).
ii. Lock Work
Locksmith services provided under baseline services Include the repair or replacement of broken building locksets (excluding Contractor property such as file cabinets and desk), repair or adjustment of improperly working door closers; providing duplicate keys with proper authorization; re-keying locks for security reasons as determined necessary by Facilities Services; replacing worn or outdated locksets; and any work required because of new codes and regulations, as determined by Facilities Services. Keys for or repairs to County property, including but not limited to desks, file cabinets, and vehicles are beyond the facility service charge and will be repaired by the contractor using funding from the animal control services Contract Funds.
10. Grounds Services
i. Landscaping
Facilities Services is responsible for providing and monitoring the landscaping services for the Shelter. Under this contract, and as determined necessary or desirable by Facilities Maintenance, the landscaping crews will install and maintain irrigation systems; propagate and plant appropriate species; prune, trim, fertilize, now, and provide all other care and maintenance for plants, shrubs, trees, turf, and lawns.
11. Custodial and Janitorial Services
Contractor shall maintain all interior and exterior areas of the Shelter and grounds in a clean and sanitary condition. Contractor may provide this service through its staff or shall retain a reputable vendor to provide janitorial and custodial services at a reasonable cost and as needed to fulfill its responsibility to maintain the Shelter in a clean and sanitary condition.
Facilities Services will provide no Custodial or Janitorial for the shelter.
11 Section IV. Additional Services
Services requested by Contractor and not outlined in Section Ill are considered "additional services," and shall not be provided unless approved by the Directors of County Health and Department of Public Works. If approved, services listed below will be scheduled upon receipt of a work request from County Health, and the associated costs will be invoiced to the Contractor.
Contractor will use Contract Funds to pay the invoice within 30 calendar days from date of mailing or emailing; if not timely paid, County will deduct the past due amount from Contractor's next monthly payment. The majority of these services are provided under the administration of the Construction Services Section (CSS) located at 30 Tower Road, San Mateo. Requests for services and cost estimates should be routed through San Mateo County Health System (Animal Control Manager). Contractor shall in no circumstance alter any part of the Shelter structure or install any fixture, without prior written County approval from the Directors of the San Mateo County Health and Department of Public Works.
A. Carpentry
New:
Floor coverings
Commercial fixtures
Acoustical ceilings
Doors/windows
Soundproofing and insulation
Air conditioning units
Restroom partitions and fixtures tile work
Concrete slabs and retaining walls
Building and/or custom fabrication:
Storage structures
Security gates, windows, etc.
Custom cabinets and casework
Custom shelves, reception counters, etc.
Wall framing and drywall
Custom racks, bins, etc., for delivery vehicles
B. Electrical
Install additional electrical circuits and outlets
Upgrade and install new workplace lighting
Install Pleione electrical whips
Install and maintain security alarm systems
Set up temporary power for events.
C. Lock Work
Lock drilling (when keys are lost or locked inside, contact FM&O) 12 New installation (result of new construction or remodeling) D. Other
Directional signs for departmental areas
General construction site cleanup
Need for county approval for any fixtures, repairs, remodeling or construction at the Shelter. Any of the above items as well as any new fixtures, construction, repairs or remodel (to include altering of the building or grounds in any way) may not be undertaken without the express, prior written permission of the Director of San Mateo County Health or designee, and the Director of the Department of Public Works, or designee, except as otherwise provided under this Agreement.
If Contractor performs any construction work, remodeling or repairs, or attaches any fixtures to Shelter or other county-property without such written permission, or changes the grounds in any manner, Contractor must promptly return the Shelter building, property or grounds to its original condition at its own expense and not using Animal Control Services Contract Funds or any other County funding, except as otherwise provided under this Agreement.
13 Section V. Excluded Services
A. This Agreement does not include any of the following which will be Contractor responsibility:
Contractor shall be solely responsible for maintaining the below items. Money for all repairs and costs will come from the Contract Funds. Any such items undertaken by Contractor shall be documented and all invoices for any such work, shall be kept and provided to County on a quarterly basis. For major equipment owned by the County (as listed In subsection (d) below, and any similar equipment), Contractor shall use a reputable, qualified, and licensed contractor or vendor, and may not use its own employees or volunteers for such work without County approval. If employees or volunteers are used for work, no additional County funds shall be used for such labor, except those funds otherwise used to pay the employee's regular salary.
Contractor agrees that all major equipment owned by the County (as listed In subsection (d) below, and any similar equipment) will be serviced by a qualified vendor.
1. Light bulb replacement to include lamps and ballast
2. Plumbing clogs: Contractor will first attempt to unclog and if unsuccessful will submit a request to Facilities Services for repair. (Contractor may not hire a service to attempt to unclog pipes.)
3. Equipment maintenance and repair as follows:
Washers/dryers
Kennel cleaning equipment
Safes, lock boxes
Clippers
Surgical tables
Audio visual equipment camera, security and intrusion alarms Computers/printers/scanners etc. and phone system
Cash Registers/credit card machines, fax machine etc.
Any other specialty equipment for animal sheltering
Refrigerators
4. These items must be repaired by a qualified vendor
X-ray equipment
Anesthetic machine
Surgical lights
Auto clave
5. Kennel fencing repairs, to include the replacement of mud flaps or guillotine doors, door latches etc. (if CMU needs repair, the Contractor will submit a repair request to the Manager of Animal Control and Licensing for approval prior to contacting Facilities Services)
6. General:
Repair office furniture
Anchor files and shelving
14 Hang pictures and bulletin boards; however, Contractor shall take care not to damage County property in its placement and installation of these or any other items attached to walls or ceilings
7. Intercom systems
8. Installation of new animal shelter equipment that is not attached to the structure.
9. Replacement of any equipment purchased by the Contractor for use in animal sheltering or animal control operations: Contractor shall not replace equipment to be paid for by Contract Funds without prior approval from County of equipment to be replaced and cost if cost exceeds $5,000 per individual item. If the need to replace such equipment is due to Contractor misuse or negligence, as distinct from wear related to appropriate use, Contractor shall replace such equipment from its own funds not Contract Funds, or any other County funds. Funds for approved replacement equipment not misused or damaged by Contractor are to come from Contract Funds. Any equipment or items purchased with Contract Funds or other County funds Is property of the County. Contractor shall use Contract Funds for purchase of equipment or vehicles to be used at the Shelter for providing services, which equipment. and vehicles shall be County owned.
10. Paint offices, conference rooms and staff bathrooms.
11. Keep the landscaped areas, walkways and patios, adjacent sidewalks, and other common areas In and around the County facility clean and in good repair
12. Sweep the entrances to County facility as needed and will keep glass doors clean
13. Contractor is solely responsible for custodial and pest control at the shelter.
15 Section VI. Additional Responsibilities
A. Facilities Services Responsibilities
1. For routine maintenance of systems, Facilities Services will (i) Provide the Contractor with advance schedule to the extent practicable (ii) Provide Contractor no less than 24 hours' notice when that maintenance is to occur (allowing Contractor to weigh in as to whether or not the scheduled maintenance will interfere with operation and if it will interfere Contractor will give alternate dates within a reasonable time frame when the repair/service can be completed.)
(iii) Provide Contractor with acknowledgement that the service has in fact occurred and any unusual findings related to that service. This notification will be done by a service request confirmation.
2. For other than routine scheduled maintenance
(i) Contractor will notify Facilities Services of needed repair/service without delay via phone, fax, or email to the DPW call center. Contractor shall be responsible for any damage to the Shelter, its contents or any person caused by its failure to timely notify the County of needed emergency repairs of conditions that threaten the structure or its contents or the health or safety of occupants or the public.
(ii) Facilities Services will notify Contractor within 24 hours of its anticipated investigation of requested repair (if the matter is something that can be addressed at the time of investigation, Facilities Services to adhere to steps which follow):
a) Notify the Contractor's Maintenance Coordinator at least 24 hours in advance of any scheduled maintenance activity that may affect the Contractor's normal working operation (noise, dust, odors, interruption of water or electrical service, etc.).
b) Facilities Services to notify contractor of findings of the investigation and its plan to address (and except for the case of emergency repairs, allowing Contractor to weigh in if the scheduled repairs will interfere with its operation)
c) Critical or emergent work will be completed at time of investigation.
d) Facilities Services to notify Contractor promptly upon completion of the repair. Notification will be given by service request confirmation of close out.
e) Contractor will notify Facilities Services of its review of the repair once completed.
f) All communication between Contractor and Facilities Services will be copied to PHPP.
g) Facilities Services will leave the work areas safe and clean of any debris caused by the repairs upon completion of the task. 16 h) Facilities Services and Contractor will comply with all state and federal laws and regulations regarding the handling and disposal of materials and waste products associated with the normal operations of the facility or its maintenance that could impact public safety and the environment.
i) Facilities Services will research and/or recommend special materials, devices, or services if it deems this appropriate and if desired by Contractor
j) Facilities Services will make appropriate referrals as It deems necessary or appropriate for work outside the scope of baseline maintenance services
k) Facilities Services will coordinate with Risk Management, Environmental Health, Sheriff's Office, local fire departments, and/or other regulatory and health and safety agencies as it deems necessary for issues related to building safety and inspection.
B. Contractor is to:
1. Designate a Maintenance Coordinator(s) to be the primary point of contact for Facilities Services Issues.
2. Provide accurate and full details of services requested
3. Report mechanical malfunctions or other needed repairs to Facilities Services promptly and complete necessary services request form(s).
4. Encourage all employees to be energy conscious. environment as well as keeping your costs down.
C. The parties acknowledge that County will be making an inventory and tagging all equipment and vehicles that are County owned or purchased using any Contract Funds. Contractor agrees to use best efforts to assist and cooperate with County in making its inventory of equipment and vehicles which are owned by County in whole or in part. As part of this effort to assist the County in making its inventory, Contractor shall maintain and provide to County, within thirty days of signing this Agreement, a current inventory of all equipment previously paid for with non-Contract Funds owned by Contractor or paid for in part with non- Contract Funds, used at the shelter and having a current fair market value of $1,000 or more.
D. In event of termination or expiration of this Agreement, the County shall have the option to purchase any equipment or vehicle that has been paid for in part out of non-County Funds by paying to Contractor the depreciated value of Contractor's share of the equipment. In the event County opts not to purchase this equipment or vehicle, Contractor shall pay to County the depreciated value of its share of the equipment or vehicle.
17 Section VII. Service Level Costs
A. Invoicing/payment of Facilities Maintenance Work
1. As it relates to repairs/service which fall under the Contractor's responsibilities, Contractor will manage this work within the Contract Funds provided for under the Animal Control Services Agreement and provide open book accounting for all work contracted to outside vendors and provide copies of invoices and a quarterly report of all expenditures 'As it relates to repairs/service which fall under Facilities Services responsibilities, Facilities Services will send an invoice to the County Health system who in turn will send invoice to the Contractor of the amount and Contractor will pay within 30 calendar days from date of mailing. If invoice is not timely paid, County will deduct the past due amount from Contractor's next monthly payment.
2. As it relates to repairs/service which fall under Facilities Services responsibilities but for which Facilities Services cannot respond in a timely manner and which are, as a result, managed by Contractor under the conditions provided herein, Contractor will pay the invoice using Contract Funds that it receives pursuant to the Animal Control Services Agreement, and promptly send a copy of such invoice to the County Animal Control Program Manager, Care of County Health, Public Health, Policy and Planning Division.
B. Additional services;
1. Costs associated with additional services as outlined in Section IV are based on the actual costs of each service as performed and are charged to the Contractor by invoice from Facilities Services. Each service will have a cost per unit time or occurrence.
(i) For work performed by Facilities Services staff, labor rates are hourly based on classification and include overhead. Materials and supplies are billed at their actual cost.
(ii) For work that must be contracted out, Facilities Services will request estimates from qualified and reputable companies and award the job to the low bidder. Contractor will be billed for the actual cost of the work.
Facilities Services will send an invoice to the County Health system who in turn will send invoice to the Contractor of the amount and Contractor will pay within 30 calendar days. If invoice is not timely paid, County will payment.
18 Section VIII. Billing Procedures and Tracking Information A. Tracking Information
1. Because a large percentage of work performed by Facilities Services is associated with building systems and structures, baseline services are tracked by building rather than by individual department. Facilities Services staff will record labor and material costs for each activity performed in a building, and these costs are then reflected in the report sent quarterly to the Contractor and the Animal Control Manager, San Mateo County Health. Contractor will be charged for services rendered on an ongoing basis and not based on a predetermined amount.
2. The cost for additional services is tracked by work authorization. Prior to receiving a service, the Contractor will set aside a dollar amount equal to the estimated cost for that service. As services are rendered and costs are incurred, the invoices will be sent to County Health System Animal Control Manager and then to the Contractor. The cost will be taken out of animal control Contract Funds by the Contractor, who will pay the invoice within 30 calendar days or the County will deduct the overdue amount from Contractor's next payment.
3. If there ls a dispute raised by Contractor, within three business days of receipt of the Invoice, regarding the accuracy of charges in an invoice, the parties shall use best efforts to resolve the dispute expeditiously. If while using best efforts, the parties have not resolved the dispute within 30 calendar days, Contractor shall not be in breach if the parties agree that they are working in good faith to resolve the dispute.
B. Building Manuals, Drawings, Training
In preparation for this, Contractor is to receive copies of all warranties, as-builts, operating and maintenance materials, and is to participate in all trainings provided by the Shelter's general contractor to DPW for the systems that Contractor will be maintaining. The intent is to have Contractor be informed as much as possible to more efficiently assist DPW in its role as well as manage its own responsibilities.
19 THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO WORK WILL COMMENCE
UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE COUNTY PURCHASING AGENT OR AUTHORIZED DESIGNEE.
For Peninsula Humane Society & SPCA:
_____________________________
Contractor Signature
_______________
Date
Anthony Tansimore
President
For County:
______________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
______________
Date
Cassius Lockett, PhD.
Director of Public Health, Policy and Planning
County of San Mateo
______________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
______________
Date
Gary Behrens
Facilities Services Manager
County of San Mateo
2 Attachment L
Peninsula Humane Society Holidays
New Year’s Day
Martin Luther King Jr. Day
President’s Day
Easter
Memorial Day
July 4th
Labor Day
Veteran’s Day
Thanksgiving Day
Christmas Day
3 Attachment M
County-Owned Radio Equipment
4 - Motorola APX 7000 Handheld Radios
17 - Motorola APX 4000 Handheld Radios
1 - Motorola MCD 5000 Deskset
1 - Motorola APX 7500 Radio installed in vehicle
13 - Motorola APX 6500 Radios installed in vehicles
1 - Antenna mounted on roof of County Shelter
Template Version November 16, 2016
Agreement No. __________________________
AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND PETDATA, INC.
This Agreement is entered into this Fourth day of June, 2019, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called “County,” and PETDATA, INC., hereinafter called “Contractor.”
* * *
Whereas, pursuant to Section 31000 of the California Government Code, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof; and
Whereas, it is necessary and desirable that Contractor be retained for the purpose of San Mateo County Health- Public Health, Policy & Planning.
Now, therefore, it is agreed by the parties to this Agreement as follows:
1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:
Exhibit A—Services
Exhibit B—Payments and Rates
Attachment I—§ 504 Compliance
Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.
2. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County’s total fiscal obligation under this Agreement exceed SIX HUNDRED-THIRTEEN THOUSAND NINE HUNDRED AND FORTY FIVE DOLLARS ($613,945). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.
3. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2019, through June 30, 2022.
4. Termination
This Agreement may be terminated by Contractor or by the Director of Public Health, Policy and Planning or his/her designee at any time without a requirement of good cause upon thirty (30) days’ advance Template Version November 16, 2016
written notice to the other party. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that prorated portion of the full payment determined by comparing the work/services actually completed to the work/services required by the Agreement.
County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon the unavailability of Federal, State, or County funds by providing written notice to Contractor as soon as is reasonably possible after County learns of said unavailability of outside funding.
County may terminate this Agreement for cause. In order to terminate for cause, County must first give Contractor notice of the alleged breach. Contractor shall have five business days after receipt of such notice to respond and a total of ten calendar days after receipt of such notice to cure the alleged breach.
If Contractor fails to cure the breach within this period, County may immediately terminate this Agreement without further action. The option available in this paragraph is separate from the ability to terminate without cause with appropriate notice described above. In the event that County provides notice of an alleged breach pursuant to this section, County may, in extreme circumstances, immediately suspend performance of services and payment under this Agreement pending the resolution of the process described in this paragraph. County has sole discretion to determine what constitutes an extreme circumstance for purposes of this paragraph, and County shall use reasonable judgment in making that determination.
5. Contract Materials
At the end of this Agreement, or in the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and other written materials (collectively referred to as “contract materials”) prepared by Contractor under this Agreement shall become the property of County and shall be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such contract materials if permitted by law.
6. Relationship of Parties
Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent contractor and not as an employee of County and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of County employees.
7. Hold Harmless
a. General Hold Harmless
Contractor shall indemnify and save harmless County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Contractor under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Contractor or its employees/officers/agents; (B) damage to any property of any kind whatsoever and to whomsoever belonging; Template Version November 16, 2016
(C) any sanctions, penalties, or claims of damages resulting from Contractor’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of County and/or its officers, agents, employees, or servants. However, Contractor’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.
The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
8. Assignability and Subcontracting
Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of County. Any such assignment or subcontract without County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement without penalty or advance notice.
9. Insurance
a. General Requirements
Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by County’s Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain such approval. Contractor shall furnish County with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor’s coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to County of any pending change in the limits of liability or of any cancellation or modification of the policy. b. Workers’ Compensation and Employer’s Liability Insurance Contractor shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement.
c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Contractor’s operations under this Agreement, whether such operations be by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.
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Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below:
(a) Comprehensive General Liability… $1,000,000
County and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to County and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.
In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, County, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work and payment pursuant to this Agreement.
10. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.
Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.
11. Non-Discrimination and Other Requirements
a. General Non-discrimination
No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.
b. Equal Employment Opportunity
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Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to County upon request.
c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any services this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement.
d. Compliance with County’s Equal Benefits Ordinance
Contractor shall comply with all laws relating to the provision of benefits to its employees and their spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the provision of such benefits on the basis that the spouse or domestic partner of the Contractor’s employee is of the same or opposite sex as the employee.
e. Discrimination Against Individuals with Disabilities The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R. 60–741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
f. History of Discrimination
Contractor certifies that no finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this Agreement and subjects the Agreement to immediate termination at the sole option of the County. g. Reporting; Violation of Non-discrimination Provisions Contractor shall report to the County Manager the filing in any court or with any administrative agency of any complaint or allegation of discrimination on any of the bases prohibited by this Section of the Agreement or the Section titled “Compliance with Laws”. Such duty shall include reporting of the filing of any and all charges with the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other entity charged with the investigation or adjudication of allegations covered by this subsection within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include a general description of the circumstances involved and a general description of the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race-based discrimination).
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Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to the following:
i. termination of this Agreement;
ii. disqualification of the Contractor from being considered for or being awarded a County contract for a period of up to 3 years;
iii. liquidated damages of $2,500 per violation; and/or iv. imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Manager.
To effectuate the provisions of this Section, the County Manager shall have the authority to offset all or any portion of the amount described in this Section against amounts due to Contractor under this Agreement or any other agreement between Contractor and County. h. Compliance with Living Wage Ordinance
As required by Chapter 2.88 of the San Mateo County Ordinance Code, Contractor certifies all contractor(s) and subcontractor(s) obligated under this contract shall fully comply with the provisions of the County of San Mateo Living Wage Ordinance, including, but not limited to, paying all Covered Employees the current Living Wage and providing notice to all Covered Employees and Subcontractors as required under the Ordinance.
12. Compliance with County Employee Jury Service Ordinance Contractor shall comply with Chapter 2.85 of the County’s Ordinance Code, which states that Contractor shall have and adhere to a written policy providing that its employees, to the extent they are full-time employees and live in San Mateo County, shall receive from the Contractor, on an annual basis, no fewer than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for each day of actual jury service. The policy may provide that such employees deposit any fees received for such jury service with Contractor or that the Contractor may deduct from an employee’s regular pay the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following written statement to County: “For purposes of San Mateo County’s jury service ordinance, Contractor certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy that complies with Chapter 2.85 of the County’s Ordinance Code.” The requirements of Chapter 2.85 do not apply if this Agreement’s total value listed in the Section titled “Payments”, is less than one-hundred thousand dollars ($100,000), but Contractor acknowledges that Chapter 2.85’s requirements will apply if this Agreement is amended such that its total value meets or exceeds that threshold amount.
13. Retention of Records; Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for three (3) years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by County, a Federal grantor agency, and the State of California.
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(b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by County. (c) Contractor agrees upon reasonable notice to provide to County, to any Federal or State department having monitoring or review authority, to County’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.
14. Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.
15. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.
16. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.
In the case of County, to:
Name/Title: Cassius Lockett, Director of Public Health, Policy and Planning Address: 225-37 thAvenue, Room 178
San Mateo, CA 94403
Telephone: 650.573.2532
Facsimile: 650.573.2788
Email: [email protected]
Template Version November 16, 2016
In the case of Contractor, to:
Name/Title: President, PetData, Inc.
Address: 8585 N Stemmons Fwy, Suite 1100-N
Dallas, TX 75247
Telephone: 214.821.3100 x515
Facsimile: 214.821.3106
Email: [email protected]
17. Electronic Signature
Both County and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and County’s Electronic Signature Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.
18. Payment of Permits/Licenses
Contractor bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Contractor’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.
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Template Version November 16, 2016
Template Version November 16, 2016
Exhibit A
In consideration of the payments set forth in Exhibit B and with a focus on increasing licensing and vaccination compliance throughout the County of San Mateo, Contractor shall provide the following services:
A. Management of the daily operations for animal licensing including:
1. Data Entry & Processing
a. Process correspondence from pet owners including, but not limited to, issuing tags.
b. Work in partnership with the County on an approved template to provide timely billing and renewal notices to pet owners, with at least one billing to both new and renewals to be printed on an 8.5x11 sheet of paper with a return envelope enclosed. In addition, at least one of the notices will provide pet owner with the date in which the late fee became due.
c. Provide data entry of both new and renewal licenses and vaccination information. d. Implement procedures for verification of information submitted. e. Ensure complete, unduplicated, and accurate information. f. Process, collect, and provide receipts for animal licensing fees. g. Provide licensing and vaccination data for a weekly transfer of data from the Contractor’s database into County’s proprietary database. h. Provide customer service including communication with citizens, veterinarians, and designated County staff.
2. Veterinarians & Other Authorized Registrars
a. Process license sales and vaccination reports from other sources (i.e. the local animal shelter, veterinary clinics, pet stores, etc.)
b. Assist County staff to ensure reasonable quantities of on-site of basic supplies (reporting forms, citizen mailing envelopes, etc.) necessary to sell license tags and/or report information on citizens vaccinating their animals against rabies.
3. Animal License Tags
a. Process and mail county-provided license tags within a maximum of 10 business days, with a turnaround goal of 5 business days, after receipt of payment and completed information as required by the local ordinance. b. Issue county-provided replacement tags to pet owners whose license tags have been lost, stolen, or damaged.
4. Electronic Payments & Banking
a. Provide the ability for pet owners to pay through the Contractor’s Merchant Service Provider.
b. Provide on-line customer service via the Contractor’s website to allow pet owners to make license payments or donations.
c. Deposit all receipts collected for licensing into a bank account set up solely for the purpose of managing County animal licensing funds.
i. Make daily deposits and transmit verification of said deposits to designated County staff by the tenth of the following month.
ii. Collect and report electronic and charge card payments and transmit verification of said deposits to designated County staff by the tenth of the following month.
iii. Send all funds collected and deposited on behalf of the County via a monthly wire transfer by the tenth of the following month.
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d. Accept license fees from licensees via the following forms of payment at a minimum: check, money order, debit or ATM Card, or credit cards. i. Charges to Licensee for on-line payments:
Cost Recovery Processing Fees in the amount of $2.00 per on-line transaction to be charged to licensee*. Note: Contractor shall use their own designated Merchant Service Provider to conduct all credit card transactions and shall retain the Cost Recovery Processing Fees collected.
* More than one pet can be licensed per on-line transaction and pet owner will be charged a single fee for the on-line transaction.
5. Communication & Access
a. Provide timely responses to and communication with citizens, County designees, and Animal Control and Licensing Program representatives including Animal Control Officers.
b. Provide a customized San Mateo County toll-free number and answering service.
c. Provide 24/7 access to Contractor’s database by County, Emergency Dispatch, and any other authorized Division personnel, including login. d. Communicate to pet owners on the status of their pet’s license status including annual billing.
6. Reporting
a. Provide monthly report of animals licensed to the County. b. Provide statistical reports as requested by the County. c. Provide monthly report of all veterinarians who are delinquent in submitting their monthly vaccination without license (VWL) reports.
d. Provide monthly lists of delinquent licenses upon requested by County. e. Provide customized reports as requested by County. f. Provide public record information as requested by County.
7. Additional Services
a. Work in partnership with County staff:
i. To ensure all licensing information, both complete and incomplete records, are imported into Contractor’s database on a weekly basis. ii. To develop a process that will allow/entice veterinarians to sell licenses at their County location.
B. Contractor agrees that the animal licensing information belongs to the County and will never sell, transfer, or release personal data to a third party.
C. With the exception of the license tags and/or customized inserts, Contractor agrees to cover the cost of all animal licensing supplies needed for daily operation.
D. Contractor agrees to comply with California state and local laws governing animal licensing.
E. Contractor will back up all databases twice during the working day.
F. During regular business hours, Contractor will assist with countywide efforts to reunite pets with their owners during a natural disaster.
County agrees to provide the following to Contractor:
A. Access to County’s animal control database to allow import of data into Contractor’s database.
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B. Licensing tags and customized inserts to Contractor’s on-site location for disbursement.
C. Any licensing fees collected by County: such fees will be retained by County, and a record of fees collected along with any supporting documents will be forwarded to the Contractor for processing no later than the 5th calendar day of the following month.
D. Any licensing fees collected by Contractors of the County: such fees and any supporting documents will be forwarded to the Contractor for processing with the exception of cash.
Cash will be deposited into County’s bank account directly by County staff.
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Exhibit B
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms:
A. Fixed Fees:
One-year license: $4.28 per license
Multi-year license: $4.28 for the first year and $2.00 for each additional year Late fees collected: $2.50 collection service fee for each license Replacement tags: $4.28 per tag
Service animals (e.g. seeing-eye dogs, hearing dogs, etc.): No fee for any license or tag issued
Fixed fees shall be payable to Contractor for all licenses processed during the term of this Agreement, regardless of whether they are processed by Contractor, County personnel, or a County contractor.
Fixed fees shall not be charged until the license is issued. Data entry of rabies vaccination certificates and incomplete licenses, which may or may not result in a license, are included at no extra charge.
An agreed upon method to follow-up with pet owners who did not respond to a prior notice is included at no additional charge.
B. In any event, the maximum amount the County shall be obligated to pay for services rendered under this Agreement shall not exceed SIX HUNDRED-THIRTEEN THOUSAND NINE HUNDRED AND FORTY FIVE DOLLARS ($613,945.00) (Included are bank fees)for the Agreement term.
C. Payment by County to Contractor shall be monthly and made be made electronically by the County should the required paperwork be completely by Contractor. Contractor shall bill County on or before the tenth (10th) working day of each month for the prior month. The invoice shall include a summary of services and charges for the month of service. In addition, Contractor shall provide back-up to the invoice. Such back-up shall be in the form of a monthly report of the animals licensed.
Contractor will provide available bank statements within five business days if requested by County.
D. Additional Service Fees
Contractor shall invoice County for any bank deposit and supply fees outside the scope of this Agreement.
County will reimburse Contractor for bank fees upon verification of such, including:
1. Actual bank fees charged to Contractor as a result of Contractor maintaining the bank account for the purpose of providing services outlined in this contract. This amount, in and of itself, is included in the total contract amount and will not exceed SEVEN THOUSAND AND FIFTY DOLLARS ($7,050.00) (included in the contracted costs) without prior authorization from designated County staff.
2. Non-sufficient fee charge charged to Contractor. Contractor will make every attempt to collect bank fees from pet owners and will reimburse County upon collection of said fee.
Template Version November 16, 2016
Contractor shall invoice County on a monthly basis for the actual cost of the bank account maintained for the purpose of this contract.
E. At the discretion of the Director of Public Health, Policy & Planning or designee, an annual conference call may be scheduled between the Contractor and County. Contractor’s time and/or related expenses are not billable.
F. At the discretion of the Director of Public Health, Policy & Planning or designee, a meeting at the County’s location may be scheduled between the Contractor and County once during the term of this contract. Contractor’s travel time to and from the County and/or related expenses are not billable.
G. If County or Contractor finds that performance is inadequate, at the County’s discretion, a meeting may be called to discuss the causes for the performance problem, and this Agreement may be renegotiated, allowed to continue to end of term, or terminated pursuant to Paragraph 4 of this Agreement. Any unspent monies due to performance failure may reduce the following year’s agreement, if any.
H. In the event this Agreement is terminated prior to June 30, 2022, Contractor shall be paid for services already provided pursuant to this Agreement.
I. In the event this Agreement is extended or renewed after June 30, 2022 and the County does not issue a Request for Proposal, Contractor agrees to continue the fixed fees as shown below:
One-year license: $4.28 per license
Multi-year license: $4.28 for the first year and $2.00 for each additional year Late fees collected: $2.50 collection service fee for each license Replacement tags: $4.28 per tag
Service animals (e.g. seeing-eye dogs, hearing dogs, etc.): No fee for any license or tag issued
Michael P. Callagy
County Manager/
Clerk of the Board
County Government Center
400 County Center, 1st Floor
Redwood City, CA 94063
650-363-4121 T
650-363-1916 F
www.smcgov.org
July 7, 2020
Robert Barron, Finance Director
91 Ashfield Road
Atherton, CA 94027
Re: Notice of Construction Costs for the Animal Care Shelter Facility Dear Robert,
On or about September 9, 2014, the municipalities within San Mateo County entered into an agreement (“the Agreement”) to share the construction costs of a new animal care shelter facility. The agreement provides that the County of San Mateo will advance the funds for construction to be repaid by the municipalities according to their share, through a 30-year, interest-free lease agreement.
On March 6, 2020, construction of the new animal shelter building was completed, and certificate of occupancy was issued. The old shelter building was demolished shortly thereafter, and final project completion (with exception of photovoltaic installment) is slated for approximately July 30, 2020. Final project costs are reasonably determinable and anticipated to be approximately $28,300,000. The municipalities’ final shared responsibility is anticipated to be $25,700,000 or $856,758 annually. The County will not seek reimbursement for $2,600,000 in project costs comprised of an upgraded heating ventilation air conditioning ($600,000), a photovoltaic system ($1,200,000), miscellaneous site improvements related to landscaping, fencing, and parking ($530,000), and relocation of a City of Burlingame water line ($270,000).
The final column of Attachment B to this letter sets forth each municipalities’ final annual lease amount, as calculated in the manner proscribed by the Agreement. Final costs exceed the June 2018 estimate by approximately 3%. This marginal increase is a result of escalated regional construction costs and unforeseen circumstances encountered during construction, including requirements for ongoing air-quality monitoring, soil remediation and treatment, fire safety system modifications, PG&E delays, and necessary and reasonable end-user logistical design modifications. The County of San Mateo has worked diligently and successfully to minimize these additional costs while delivering a high-quality facility that will stand the test of time.
Though we had to cancel the ribbon-cutting for the facility due to the pandemic, we look forward to holding, at the appropriate time, a reception to celebrate our successful regional collaboration. In lieu of an in-person tour, we’ve enclosed photographs of the exterior of the new facility and site. Pursuant to paragraph 3 of the Agreement, annual payments to County to reimburse for costs of construction shall become due on the initial July 1st after a certificate of occupancy is issued for the new shelter, and each subsequent July 1st for the next 29 years thereafter. Please find enclosed the invoice and payment instructions for the initial lease payment for your municipality.
Should you have any project questions, please contact Director Adam Ely of the Project Development Unit at 650.722.8112. Should you have any payment questions, please contact Robert Manchia at 650.363.4597.
Sincerely,
Mike Callagy
San Mateo County, County Manager
Enclosures: Resolution 073369, Final Attachment B, Invoice July 2020
ATTACHMENT B
Methodology = Based on an 3-yr avg of shelter use (80%} and % of population (20%)
ANIMAL CONTROL COSTS
PROPOSED COST DISTRIBUTION-ESTIMATED LEASE AMOUNTS TO RECOUP CONSTRUCTION COSTS CITY Shelter Use Shelter Use Shelter Use $20,200,000
Yr 1 2009 Actual Yr 2 2010 Actual Yr 3 2011 Actual
3 YR AVG of
Sheleter Use POPULATION % of Total
EST ANNUAL LEASE
AMT (Sept. 2014)AMT (July 2018)
Atherton 1.12% 1.00% 0.36% 0.83% 6,914 1.0% $5,749
Belmont 3.26% 3.54% 2.65% 3.15% 25,835 3.6% $21 811
Brisbane 0.99% 0.99% 0.71% 0.90% 4,282 0.6% $5,633
Burlingame 3.51% 3.48% 320% 3.40% 28,806 4.0% $23,696
Colma 0.61% 0.98% 0.60% 0.73% 1,792 2.0% $4,268
Dalv Citv 8.52% 9.57% 10.16% 9.42% 101,123 14.1% $69,679 East Palo Alto 6.61% 6.75% 8.44% 7.27% 28,155 3.9% $44,420 Foster City 2.82% 2.39% 1.93% 2.38% 30,567 4.3% $18,550 Half Moon Bay 5.21% 5.04% 2.47% 4% 11,324 1.6% $24,962
Hillsborough 1.59% 129% 1.14% 1.34% 10,825 1.5% $9,247
Menlo Park 4.90% 4.95% 4.50% 4.78% 32,026 4.5% $31,769
Millbrae 1.90% 1.99% 1.98% 1.96% 21,532 3.0% $14,576
Pacifica 5.72% 6.38% 4.78% 5.63% 37,234 52.0% $37,288
Portola Valley 0.90% 0.76% 0.16% 0.61% 4,353 0.6% $4,084 Redwood City 12.91% 13.24% 13.25% 13.13% 76,815 10.7% $85,143 San Bruno 5.23% 5.19% 6.86% 5.76% 41,114 5.7% $38,734
San Carlos 3.35% 3.45% 3.00% 3.27% 28,406 4.0% $22,921
San Mateo 15.82% 14.67% 17.84% 16.11% 97,207 13.5% $105,000 S. San Francisco 9.08% 9.34% 11.99% 10.14% 63,632 8.9% $66,530 Woodside 4.41% 1.27% 1.07% 2.25% 5,287 0.7% $13,111
County 1.57% 3.73% 2.92% 2.74% 61,222 8.5% $26,235
HVAC +Solar Costs* n/a n/a n/a n/a n/a n/a n/a
Burligame Waterline n/a n/a n/a n/a n/a n/a n/a
Misc. Site Improvements n/a n/a n/a n/a n/a n/a n/a
Total 100.00% 100.00% 100.00% 100.00% 718,451 100.00% $673,405 * HVAC, Solar, and Miscellaneous site improvement costs of $2.6 million removed from cities portion of costs and paid for by County of San Mateo. Overall total project cost is $28.3 million.
Resolution #073369
Calendar Year
CONTRA COSTA COUNTY
ANIMAL SERVICES
PUBLIC PROTECTION COMMITTEE
SEPTEMBER 27, 2021
1 City Service Agreement History Overview
The city service agreements were established in 1985. The agreements stipulate services for mandated programs and the enforcement of all animal related laws. The original city fees were based on Department costs at that time and on a city’s population (per capita). In 2005 and 2006, the Animal Services Department increased city fees for animal services each fiscal year based on the municipality’s population growth and the Consumer Price Index (CPI) percentage.
In FY 11/12, the Department suspended the annual CPI increase as a result of the economic environment at that time. The annual CPI increase was reinstated in FY 16/17, though no action was taken at that time to address the gap left by the four-year suspension of rate increases.
2 2020 City Agreement Discussions
In January of 2020, the Board of Supervisors approved the Finance Committee’s recommendation to increase city fees and the cities were notified. During the March 2020 Public Managers Association (PMA) meeting, the County was notified that the cities were not in agreement with the proposed new fee schedule and service agreement.
In May of 2020, CCAS advised the cities of a revised fee for service in FY20/21 as requested during the March PMA meeting. The revised fee was based on CPI of 2.5% above FY 19/20 fees of $6.38 per capita. The fees for FY 20/21 were set at $6.54 per capita. In September of 2020, the Department advised the cities of service level changes that would become effective 10/5/20 due to the lack of appropriate funding allocations. 3 What do the city fees pay for?
4 Contra Costa County Animal Services provides a full complement of services for our city residents.
• Field Service Officers – enforcement and community service • A 38,000 sq. ft facility to house animals while they are in our care • A medical and husbandry team to provide basic daily care to the animals as well as any necessary medical care.
• An administrative team to manage a call center, support dispatch services, assist the public in person, online, by phone.
• A team to support administrative hearings for dangerous animals and noise violations.
City Service Agreement Challenges
Fees inadequate to support expenses for services
provided.
Expenses to provide services grew faster than city
revenues.
Population/needs for services increased.
Response times increased while call volume backed up
and became overwhelming.
City agreements only cover mandated services.
5 Mandated Services Covered By Current Fees
6 Special Enforcement
Mandatory Spay/Neuter Prior to Adoption (as
required per County Ordinance)
Major Case Investigations Re: Cruelty
Animal Housing
Stray & Aggressive Animal Patrols (Inc. Livestock)
Impoundment of Stray Dogs, Sick/Injured/In Danger
& Aggressive Animals
Sheltering/Care of Impounded Animals (Inc.
Vaccination, Food, Humane & Emergency Veterinary
Care, etc.)
Housing for Animals Displaced by Disasters
Return Animals Home & Adoption/Transfer of
Available Animals
Rabies Control
Licensing & Enforcement
Bite Investigations
Patrols
Quarantine of Potential Rabies Suspects
Rabies Testing
Rabies Vaccine Clinics
Dangerous/Potentially Dangerous Animals
Investigations
Impoundment & Sheltering
Hearings
Permits & Enforcement
Other State & Local Laws
Animal Noise Enforcement & Hearings
Fulfilling PRA Requests
Non-mandated Services Provided By CCAS
7 Low-cost Vaccine & S/N Clinic for Residents of
Contra Costa County
Humane Education & Enrichment Programs
Deceased Animal Impoundment
Deceased animals located on the public right of
way.
Deceased domestic animals on private property.
Local Agency Assists
Police
Fire
Code Enforcement
Administration
Provide support for on-going operations –
budget and fiscal services, human
resources, contract management, fleet
management and information technology
In house call center – five days a week, T-
Sat. Phone, online, email and in person by
appointment
Dispatch services through SO contract
24/7
Population & Revenue Comparison
8 866,784
174,257
2020 E1 Population Report
Incorp.
Unincorp.
*Incorporated population excludes City
of Antioch
$5,890,696
$2,200,000
$4,112,000
CCAS FY 2021/22 Revenue Sources
City Revenue
User Fee Revenue
General Fund
City Agreement Fee Increases
9 Fiscal Year CPI Fees Per Capita
FY 17/18 3.5% $5.94
FY 18/19 2.9% $6.11
FY 19/20 4.5% $6.38
FY 20/21 2.5% $6.54
*FY 21/22 2.0% $6.79
• FY21/22 rate was presented in February 2021at:
$6.67
• *An additional 12 cents was added for deceased
animal services, per the request of the PMA in
July 2021
• FY 21/22 rate: $6.79
Cost/Usage Comparison
• Most jurisdictions utilize a level of services
similar to the percentage of costs they pay.
City Agreement Allocations FY 2021/22
10 CITIES Population New Rate FY 2021-22 Cost Variance Compared to FY 2020/21 Brentwood 65,118 $6.79 $442,151.22 $25,801.74
Clayton 11,337 $6.79 $76,978.23 $767.61
Concord 130,143 $6.79 $883,670.97 $34,196.91
Danville 43,876 $6.79 $297,918.04 $1,852.24
El Cerrito 24,953 $6.79 $169,430.87 $2,929.01
Hercules 25,530 $6.79 $173,348.70 $1,843.74
Lafayette 25,604 $6.79 $173,851.16 $1,672.58
Martinez 37,106 $6.79 $251,949.74 $225.14
Moraga 16,946 $6.79 $115,063.34 $4,282.28
Oakley 42,461 $6.79 $288,310.19 $15,206.33
Orinda 19,009 $6.79 $129,071.11 $1,704.61
Pinole 19,505 $6.79 $132,438.95 $4,922.03
Pittsburg 74,321 $6.79 $504,639.59 $30,221.45
Pleasant Hill 34,267 $6.79 $232,672.93 $3,413.23
Richmond 111,217 $6.79 $755,163.43 $32,911.99
San Pablo 31,413 $6.79 $213,294.27 $5,211.09
San Ramon 83,118 $6.79 $564,371.22 $15,292.44
Walnut Creek 70,860 $6.79 $481,139.40 $22,548.06
866,784 $5,885,463.36 $205,002.48
Animal Care Agency Comparisons
Municipal Shelter:
FY 20/21
Rate Per Capita
City of Antioch $16.63
City of Oakland $12.18
Sacramento County $25.53
Contra Costa County $6.79
Contra Costa Animal Services ranks
low on cost per capita in comparison to
other municipal shelters.
The City of Antioch increased their fees
for animal services by 9% from FY
2020/21 to 2021/22, which brought them
to $16.63 per capita.
11 * Fees exclude “user fees” (i.e., licensing, fee schedule fees, etc.) Revenue allocations
12 FY Total Expenses City Revenue Lic. & User Fees General Fund Total Revenue GF% 2007/08 $9,991,000 $3,214,000 $2,766,000 $4,011,000 $9,991,000 40% 2008/09 $10,439,000 $3,640,000 $2,834,000 $3,965,000 $10,439,000 38% 2009/10 $10,106,000 $4,029,000 $2,781,000 $3,296,000 $10,106,000 33% 2010/11 $10,206,000 $4,190,000 $2,861,000 $3,155,000 $10,206,000 31% 2011/12 $10,498,000 $4,246,000 $3,097,000 $3,155,000 $10,498,000 30% 2012/13 $10,501,000 $4,205,000 $3,097,000 $3,199,000 $10,501,000 30% 2013/14 $10,739,000 $4,240,000 $3,282,000 $3,217,000 $10,739,000 30% 2014/15 $10,891,000 $4,279,000 $3,282,000 $3,330,000 $10,891,000 31% 2015/16 $11,603,000 $4,529,000 $2,850,000 $4,224,000 $11,603,000 36% 2016/17 $12,221,000 $4,743,000 $3,230,000 $4,248,000 $12,221,000 35% 2017/18 $12,592,000 $4,986,000 $2,832,000 $4,774,000 $12,592,000 38% *2018/19 $12,907,000 $5,205,000 $2,390,000 $5,312,000 $12,907,000 41% *2019/20 $13,505,000 $5,515,000 $2,325,000 $5,665,000 $13,505,000 42% 2020/21 $12,812,000 $5,685,000 $2,325,000 $4,802,000 $12,812,000 37% 2021/22 $11,869,000 $5,787,000 $1,970,000 $4,112,000 $11,869,000 35% * The Department received one-time General Fund funding for FY 2018/19 & FY 2019/20 for capital projects.
FY 2021/22 County General Fund Per Capita Rate
13 2020 Unincorporated Population 174,257
FY 20/21 General Fund Allocation $4,112,000
General Fund Per Capita Cost $23.60
Historically the County has subsidized a significant portion of the contracted cities’ cost for Animal Services. The County’s general Fund contribution has often exceeded $20.00 per capita for unincorporated residents while the cities have paid as low as $1.25 to the present $6.79 per capita.
CCAS 5-Year FY Projected Deficit
14 $0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 Personnel Operations City Revenue General Fund Lic. & User Fees Total Revenue CCAS 5-Year FY Cost Recovery Plan
15 $0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 Personnel Operations City Revenue General Fund Lic. & User Fees Total Revenue Recommendations:
16 In order to sustain current staffing and service levels, along with the County’s population growth, the Department recommends a revised fee structure methodology, which would include a reconciliation based on year-end actual expenditures. Effective FY 2022/23 the new methodology and cost formulation would be:
Per Capita rate = Projected total cost for services – less animal licensing, user fees, and general fund contribution Population of incorporated contracted cities
CCAS 5-Year FY Recovery Plan Details
17 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 Total Expenses: $11,868,682 $12,375,400 $12,903,984 $13,455,391 $14,030,616 $14,630,701 Personnel $8,671,655 $9,018,521 $9,379,262 $9,754,433 $10,144,610 $10,550,394 Operations $3,197,027 $3,356,878 $3,524,722 $3,700,958 $3,886,006 $4,080,307 Total Revenue $11,868,682 $12,375,400 $12,903,984 $13,455,391 $14,030,616 $14,630,701 City Revenue $5,786,682 $6,643,400 $7,155,784 $7,690,829 $8,249,529 $8,832,922 Lic. & User Fees $1,970,000 $1,620,000 $1,636,200 $1,652,562 $1,669,088 $1,685,778 General Fund $4,112,000 $4,112,000 $4,112,000 $4,112,000 $4,112,000 $4,112,000 Rate for Service: $6.79 $7.66 $8.26 $8.87 $9.52 $10.19
The above amounts for FY 22/23 and beyond are estimates and subject to change. The final rates would be distributed to the contract cities in March for the following fiscal year.
Thank You & Questions
We
appreciate
our city
partners!
CCAS 5-Year FY Recovery Plan Details
17 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 Total Expenses: $11,868,682 $12,375,400 $12,903,984 $13,455,391 $14,030,616 $14,630,701 Personnel $8,671,655 $9,018,521 $9,379,262 $9,754,433 $10,144,610 $10,550,394 Operations $3,197,027 $3,356,878 $3,524,722 $3,700,958 $3,886,006 $4,080,307 Total Revenue $11,868,682 $12,375,400 $12,903,984 $13,455,391 $14,030,616 $14,630,701 City Revenue $5,786,682 $6,643,400 $7,155,784 $7,690,829 $8,249,529 $8,832,922 Lic. & User Fees $1,970,000 $1,620,000 $1,636,200 $1,652,562 $1,669,088 $1,685,778 General Fund $4,112,000 $4,112,000 $4,112,000 $4,112,000 $4,112,000 $4,112,000 Rate for Service: $6.79 $7.66 $8.26 $8.87 $9.52 $10.19
The above amounts for FY 22/23 and beyond are estimates and subject to change. The final rates would be distributed to the contract cities in March for the following fiscal year.
March 16, 2022
As Contra Costa County residents, taxpayers and animal advocates, we are very concerned for the welfare of Contra Costa County pets, including dogs, owned cats, homeless community cats and wildlife. Director Beth Ward has drafted her City-County Animal Services Agreement which has been sent to the eighteen incorporated Cities for review. The Agreement is below the basic standard of care in practice by shelters across the country, many of them serving much smaller populations with a fraction of CCAS’s budget.
For your review, attached is the City-County Animal Services Agreement with noted areas of concern, suggested recommendations and outside City-County Animal Service Agreements.
This agreement should consider citizens' needs and humane best practices for animal services and care. We are requesting the 18 Cities to increase the funding for CCAS. However, along with the additional funding, a well-written humane City-County agreement is required outlining the services and reinstated services.
Animal Services has been working on this agreement for over a year, without collaboration from the eighteen cities needs or from any rescue groups that have been filling the void for the lack of services. This agreement increases the amount paid from our tax dollars while causing increased suffering for the animals and wildlife; it puts the citizens' health and safety at risk.
The cities are not in a position to supply their own animal services department. This adhesion contract puts a disproportionate power to the County Animal Services. It further reinforces it with the three-year automatic renewal and giving the Board of Supervisors the sole authority for any future amendments.
This agreement puts the Cities at a significant imbalance. It is very limited in scope and does not outline services a typical shelter should provide, leaving the cities vulnerable and responsible for the services. Scope of Services states, “Calls made to the County for services that are not provided by the County pursuant to this Agreement will be referred back to the City and the City is responsible for determining the next appropriate action.”
Shelter and Emergency Veterinary Service:
The agreement states providing shelter services as required by the California Penal Code Section 597.1. The code addresses misdemeanors committed against animals in the field. Thus, citing of CA PC 597.1 as the governing law overseeing shelters is not applicable and inappropriate.
The agreement also states emergency veterinary services would be accordance with California Penal Code 597(f). However, this narrow definition should not be the only basis of emergency veterinary services.
A Coordinated Pet Retention, Transfer Partner and Adoption programs with assigned staff is required at the shelter. These positions were not included in this agreement, but promise in the fee increase letter.
Injured Wildlife:
In many areas of the county, wildlife such as deer, are being injured by cars, spiked fences, etc. It is inhumane to allow wildlife to suffer for hours or days without being euthanized. Citizens often attend to injured wildlife as resources are unavailable. Contact with wildlife is a potential public safety risk (possible injury, exposure to diseases, etc.) and these interactions can be traumatic. Animal Service eliminated services for all live wildlife calls - presumably because of budget restrictions. These services included humanely euthanizing or transporting injured wildlife to Lindsay Wildlife Hospital. This agreement has a substantial increase in cities funds, however these services are not being reinstated as promised by Beth Ward. Animal Service is referring all calls to the Department of Fish and Game, which are unable to attend to most calls.
Field Officer Response Times:
The levels of response times are inadequate putting animal lives and people in danger. Example is an "At Large" dog and the potential risks of endangerment to itself, other animals, people and causing traffic accident injuries and fatalities.
Budget:
CCAS presented to Contra Costa County's Public Protection Committee an annual 4.1 million general fund contribution, while the City fees can increase every year.
February 22, 2022, Board of Supervisors (BOS) response to the Grand Jury Investigation into Animal Services:
BOS responded to the investigation and agreed there is a need to improve animal services throughout the County. The BOS stated “a new service agreement with the cities” will bring a greater level of service throughout the County. In addition to the many deficiencies in this agreement, the reduction of services has exacerbated the overpopulation of cats and dogs causing a community crisis.
● Low-cost spay/neuters have been halted for two-years and were reinstated a few weeks ago. However, CCAS has already reached their three month capacity for spay/neuter appointments. ● Most of the recommended rescue groups providing low-cost spay/neuters on CCAS' website are no longer viable.
● The Return to Field Program needs to be brought back and revised to minimize compromising the cats’ health.
● There is an 80 person waitlist for the trap-neuter-release spay/neuters surgeries. Thirty-two appointments per week is inadequate.
● Coordinated Pet Retention, Transfer Partner and Adoption programs with assigned staff. ● Adoption guidelines to ensure animals are adopted into safe cruelty free homes. There is not an adequate cat foster care program to ensure cats and dogs get out of the shelter.
Euthanasia for Animals
The Director has documented that if the additional fees are not agreed: “The population of sheltered animals would have to be controlled significantly through euthanasia for animals with treatable conditions outside of the Department's veterinary scope of services and financial resources”. However, the Haden law states that the animal be released to a nonprofit animal rescue or adoption organization in certain circumstances. Therefore, a robust Transfer program should be implemented at the shelter and in this agreement.
A fair and humane Animal Service - City Agreement should be created. An independent party should review other animal service agreements and consider our recommendations. Participants from Animal Service, City representatives, rescue groups and members of the community should be consulted.
In conclusion, the needs for each individual City along with the humane treatment of animals and wildlife, should have been considered in this agreement. We respectfully ask the City to consent to the additional funding and revise this agreement outlining the needed services and reinstated services.
Most respectfully,
Your constituents
Animal Services Department
4800 Imhoff Place
Martinez, California 94553-4300
(925) 608-8400
Beth Ward
Animal Services Director Contra
Costa
County
M
ayor Dion Bailey
City of Hercules
111 Civic Dr.
Hercules, CA 94547
Re: Recent Citizen Concerns
Dear Mayor Dion Bailey,
An organized animal group in the County has been participating in public comment at local city council meetings. We would like formally to address some of these concerns and provide a better understanding of the issues raised.
1. P
roposed New City Agreements - The proposed new agreement will allow for improved animal services countywide. The new agreement does not reduce services, it simply codifies current services in greater detail than the current agreement and provides a funding model that will allow for improved animal services. The draft agreement reflects the feedback provided during numerous meetings with contract cities (predominantly City Managers and Police Chiefs) over the last two years. The updated draft agreement details specific services provided under the agreement for all areas of operation, including detailing which services are not included. The updated agreement also improves accountability by stating target response times for each activity type, including requiring regular performance reporting.
2. S
pay & Neuter Services - The County has resumed public Spay & Neuter services as of March 1 and plans to expand services in the upcoming fiscal year. The proposed changes are to increase the clinic hours from 32 to 50 hours per week. After being temporarily scaled back as a result of o
perational impacts related to the pandemic, the clinics are back open and fully operational.
A
cknowledging the high demand for those services, Animal Services has taken action to increase the availability of these services by contracting with nonprofit organizations through support from the Animal Benefit Fund.
I
t is important to note Spay & Neuter and vaccination clinic services have never been included in the contract city agreements. The agreements focus exclusively on mandated services provided as the municipal animal control agency. Funding for these services have historically been from the County General Fund and revenue collected to provide these services.
ATTACHMENT F. Animal Services Letter of April 8, 2022 Regarding Recent Citizen Concerns
3. Transporting Injured animals to non-profits – Contra Costa Animal Services (CCAS) responds to calls for sick and injured domestic animals and livestock. In these cases, transport is typically provided to the Martinez shelter or an emergency veterinarian depending on the circumstances. It is very rare animal transport would be needed to a nonprofit for medical treatment.
4. Wildlife calls for service - Animal Services will respond to deceased wildlife pick up calls, with limited exceptions. The new agreement includes the addition of this service. However, the agreement does not include medical services for injured wildlife as this is not a service the department is mandated to perform. The service of responding to live sick or injured wildlife falls under the jurisdiction of the State Department of Fish and Wildlife. Any past assistance from CCAS in regard to live, injured wildlife have been done so solely as a courtesy when the Department of Fish and Wildlife were unable to respond.
5. General Fund Support - The County is committed to partnering with cities and supporting animal services. The County’s contribution for FY 2022-23 is $4,382,000 an increase of $270,000 from 2021-22. However, the County does not have an obligation to subsidize city animal services under state law. The alternative to providing mandated animal services is for a city to take on these responsibilities themselves. Though contracting with the County to provide services generally ends up saving cities money.
I hope this communication provides a better understating of the issues being raised. I am happy to discuss any concerns, so please do not hesitate to reach out.
Sincerely,
Beth Ward
Beth Ward
Director
Contra Costa Animal Services
1 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 10, 2022
TO: Mayor Bailey and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Patrick Tang, City Attorney
Lauren Berges, City Clerk
SUBJECT: Discussion Regarding Juneteenth Commemoration and Administrative Requirements for Display of a Ceremonial Pan-African or Juneteenth Flag
Recommended Action
Receive report, discuss, and provide direction to staff.
Executive Summary
A Juneteenth or Pan-African flag would be considered a Ceremonial Flag pursuant to the City’s adopted Flag Policy. According to the City’s Flag Policy, the City Council has the authority to direct that ceremonial flags be flown on the Civic Center flagpole.
Background
During open forum at the Regular City Council meeting of April 26, 2022, several members of the public requested that City Officials consider flying the Pan-African or Juneteenth flag on the City’s flagpole at City Hall, in commemoration of Juneteenth. During the subsequent “Future Agenda Items” portion of the Council’s agenda, Councilmember Tiffany Grimsl ey requested that the proposal be scheduled for Council discussion/action at the next regular Council meeting. The full Council unanimously approved Counc ilmember Grimsley’s request and directed that the matter be agendized for the May 10th meeting. This brief staff report discusses the process for placing ceremonial flags at the Civic Center , pursuant to the City’s Flag Policy: Administrative Policy #16.
Discussion
Officially designated Juneteenth National Independence Day and also known as Jubilee Day and Black Independence Day, Juneteenth has been celebrated on June 19 th in various parts of the United States since 1865. Juneteenth marks the day when federal troops arrived in Galveston, Texas in 1865 to take control of the state and ensure that all enslaved people were freed. The troops’ arrival came a full two and a half years after the signing of the Emancipation Proclam ation. Juneteenth honors the end to slavery in the United States
2 and is considered the longest -running African American holiday. The day was recognized as a federal holiday on June 17, 2021, when President Joe Biden signed the Juneteenth National Independence Day Act into law.
The flying of ceremonial flags is address ed in the City of Hercules’ Flag Policy, Administrative Policy #16 (the Policy) , adopted January 28, 2020. A copy of the policy is provided as an attachment to this report. To summarize the Policy, the City shall display Commemorative Flags only if authorized by the City Council. Any such authorization must be given at a noticed meeting of the City Council. Since in the current case the request originated with members of the public, the Policy requires that a member of the City Council must be responsible for making a formal request at a council meeting, said request requiring approval by a majority of the full council. This mirrors the 2 -step process for scheduling agenda items contained in the Council’s Rules of Procedure, Rule 5.2(1). This requirement was met at the April 26 th council meeting, when Councilmember Grimsley requested that this matter come back for discussion and when a majority of the Council approved her request.
Once a ceremonial flag has been approved for display via the Council process described in the attached Policy, there are additional guidelines in the Policy regarding: The period of time it can be displayed (length of time for display set by Council but no longer than 31 continuous days); location of display (Civic Center, on the Civic Center flag pole or on a building at Civic Center); the number of flags (limited to one ceremonial flag); and the position of the ceremonial flag (the last position of honor beneath the City of Hercules flag).
Conclusion
In presenting this report, staff is looking for direction from Council regarding this matter.