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.”
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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]
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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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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.
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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