City of Oakley
Internal Controls
Introduction: With the adoption of the fiscal year budget the Team has concluded that this would be a perfect time to review the internal financial controls that are here at the City of Oakley. Historically, internal controls relied heavily on segregation of duties, which continues to be the heart of establishing good internal controls; but the accounting profession broadened the definition of internal controls to include establishing a control environment, risk assessment, the flow of information and communication and monitoring.
Control Environment: The control environment is the set of standards, processes and structures that provide the basis for carrying out internal controls across the entity. The control environment starts at the top of any organization. Ethical behavior and management integrity set the tone to establish the organization’s culture. The City of Oakley uses policies and procedures to promote and maintain a proper control environment.
Risk Assessment: Risk assessment is primarily handled by the Finance Department, although all supervisors and managers need to be aware of potential for fraud. You can see how important an organization’s ethical standards and employee culture are to this process.
Control Activities: This is the center of our internal controls. The following are examples of City of Oakley policies and procedures that have established to maintain internal control:
Purchasing and Accounts Payable.
No invoice is processed without an approval signature and account coding.
All purchases over $10,000 require a purchase order approved by the Department Head, Finance Director and City Manager
Only the Finance Director or City Manager can print checks. Blank checks are stored in a locked file cabinet at all times. Each accounts payable check number is accounted for through the Financial Accounting system.
Human Resources and Payroll
Each Personnel Action Form, establishing employees’ wages and budget account numbers are signed by the Human Resources Manager, Finance Director and City Manager and verified with the adopted salary schedule.
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All blank checks are stored in a locked file cabinet at all times and required two signatures, the City Manager and Finance Director. All employees’ timesheets are approved by a Department Head and supervisor if applicable.
Cash Receipts
x All receipts received in the Police Department will be entered into the Police cash register the same day. These receipts will be entered into the City’s cash receipting system at the Community Services Counter at least once a week.
x All other receipts will be entered into the cash register located at Community Services Counter the same day.
x At end of each day a member of the Finance Department will close register, count cash, and reconcile for deposit. Finance Director will recount cash, log on to the daily log, place in a cash bag, and lock up in the Finance Director’s office.
x All receipts (checks, cash and credit cards) are reconciled at the end of each day and the receipts are posted to the accounting system the following morning after review by the Accounting Manager.
Bank and Investment Reconciliations
x The general operating bank account, payroll bank account and successor agency bank account are reconciled monthly by the Accounting Manager that has no check preparation duties for the accounts. Canceled checks are not provided to the City although they are available online.
x The Finance Director reviews and signs each monthly bank reconciliation.
x The Local Agency Investment Fund (LAIF) and other investment pool accounts (CalTrust) are reconciled quarterly by the Accounting General Ledger
x All journal entries are reviewed and signed by either the Finance Director or Accounting Manager.
Manager.
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Budget
x The City Manager and Finance Director must sign a budget amendment for all over-budget amounts, with adequate explanation.
Audits
x The City undergoes a yearly audit. As part of governmental auditing standards, the auditor must review and test the City’s internal controls and issue a separate opinion on the City’s internal control. The City has always received “clean” opinions on our financial report and on the auditors internal control report.
Flow of Information and Communication: Accessibility of financial information to all levels of the organization help to ensure correct and complete recording of financial transactions. Each day the Eden Accounting System, generates daily revenue status and detail reports, expenditure status and detail reports and purchase order status reports which are accessible to all department managers over the City’s network.
Monitoring: Monitoring activities are primarily following up on situations or transactions that come to the Finance Department’s attention when processing revenues and expenditures.
By following up with the other departments, Team members realize that the City operates with tight controls. This helps set the tone that the Finance Department monitors department financial transactions.
Conclusion: I hope this quick summary of internal control concepts and specifically how the City works to safeguard the City of Oakley’s assets, is helpful. The City’s Finance Department employees take great pride in the City’s great financial record and strive to continue maintaining effective internal controls, consistent with professional standard and practices, in a very dynamic environment.
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1 RESOLUTION NO. ____
A RESOULTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
TO ADOPT THE FY 2022-2023 RECOMMENDED BUDGET, STATEMENT OF
FINANCIAL POLICIES AND APPROPRIATIONS LIMIT
WHEREAS, it is City policy to have the City Council to adopt a budget and appropriations limit prior to the beginning of its new fiscal year, which is July 1, 2022; and
WHEREAS, the City desires to annually review and adopt a 5-Year Capital Improvement Plan and comprehensive Statement of Financial Policies; and WHEREAS, the City Manager and Staff have developed and the City Manager has presented Preliminary Operating and Capital Budgets, Statement of Financial Policies, Appropriations Limit, and 5-Year Capital Improvement Plan; and WHEREAS, that the City Council did on May 10, 2022 hold a workshop to discuss these Preliminary documents and provide additional direction to the City Manager for the preparation of a final set of documents; and WHEREAS, the City Manager has this day presented to the City Council for consideration of adoption a Proposed Budget document, including the updated Statement of Financial Policies, Recommended Operating and Capital Budgets, Fiscal Year 2022-2023 Appropriations Limit Calculation, and a separate Recommended 5- Year Capital Improvement Plan for Fiscal Years 2022-2023 through 2026-2027; and WHEREAS, the City Council has elected to bifurcate the Capital Budget and 5- Year Capital Improvement Plan for separate discussion and consideration of approval by separate resolution; and
WHEREAS, a separate resolution has been prepared for the approval of the City of Oakley Fiscal Year 2022-2023 Capital Budget and 5-Year Capital Improvement Plan for Fiscal Years 2022-2023 through 2026-2027; and
WHEREAS, the City of Oakley Fiscal Year 2022-2023 Capital Budget is an integral part of the Operating Budget, with the projects’ detail included in the Capital Budget and only total revenues and expenditures related to the Capital Budget are included in the Operating Budget; and
WHEREAS, it is possible that certain projects within the Capital Budget may not be approved by the City Council after the total revenues and expenditures related to such projects have been approved as part of the Operating Budget; and WHEREAS, the appropriations for any projects that are not approved as part of the Capital Budget can be held in reserve until such time that other projects are approved as an amendment to the Capital Budget.
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2 WHEREAS, the project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061(b) (3), in that it can be seen with certainty that there is no possibility that the actions taken under this Resolution will have a significant effect on the environment and does not involve approval of any specific project that may have a significant effect on the environment. Further, the actions taken under this Resolution involve government fiscal activity that do not involve a commitment to any specific project which may result in a potentially significant physical impact on the environment (CEQA Guidelines § 15378(b)(4), 15273(a)(4)).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley:
1) As the City Council, hereby adopts the FY 2022-2023 Proposed Budget, Statement of Financial Policies, and Fiscal Year 2022-2023 Appropriations Limit. 2) The appropriations for any capital projects which are approved as part of the Operating Budget and recommended but not approved as part of the Operating Budget shall be held in reserve in the appropriate fund(s) until such time that other projects are approved by way of resolution or the appropriations are moved to another fund as an amendment to the Capital Budget.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Oakley held on the 14th day of June 2022, and was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Randy Pope, MAYOR
ATTEST:
___________________________________
Libby Vreonis, CITY CLERK
950
1 RESOLUTION NO. ____
A RESOULTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
TO ADOPT THE FISCAL YEAR 2022-2023 RECOMMENDED CAPITAL BUDGET AND 5-YEAR CAPITAL IMPROVEMENT PLAN (CIP) FOR FISCAL YEARS 2022-2023 THROUGH 2026-2027 AND MAKE FINDINGS RELATED THERETO
WHEREAS, it is City policy to have the City Council to adopt a budget and appropriations limit prior to the beginning of its new fiscal year, which is July 1, 2022; and
WHEREAS, the City desires to annually review and adopt a 5-Year Capital Improvement Plan and comprehensive Statement of Financial Policies; and WHEREAS, the City Manager and Staff have developed and the City Manager has presented Preliminary Operating and Capital Budgets, Statement of Financial Policies, Appropriations Limit, and 5-Year Capital Improvement Plan; and WHEREAS, that the City Council did on May 10, 2022 hold a workshop to discuss these Preliminary documents and provide additional direction to the City Manager for the preparation of a final set of documents; and WHEREAS, the City Manager has this day presented to the City Council for adoption a Proposed Budget document, including the updated Statement of Financial Policies, Recommended Operating and Capital Budgets, Fiscal Year 2021-2022 Appropriations Limit Calculation, and a separate Recommended 5-Year Capital Improvement Plan for Fiscal Years 2021-2022 through 2025-2026; and WHEREAS, Section 65401 of the Government Code requires the Planning Authority of cities and counties to review any Capital Improvement Program (CIP) in their jurisdiction for conformance with the reviewing agency’s adopted General Plan; and
WHEREAS, the City Council has recently appointed a new Planning Commission that is serving in the role of the City’s Planning Authority; and WHEREAS, potentially adverse impacts of the CIP were adequately discussed in the Environmental Impact Report (EIR) for the Oakley 2020 General Plan, and projectby-project environmental assessments will be prepared when necessary; and WHEREAS, the Recommended 5-Year Capital Improvement Plan for Fiscal Years 2022-2023 through 2026-2027 for the City of Oakley has been submitted and reviewed as to its conformance with the adopted Oakley General Plan by the Planning Authority; and
WHEREAS, the projects proposed reflect the major need for roadways, public utilities and other community facilities during the next five years in concert with anticipated growth areas as noted in the adopted General Plan and; 951
2 WHEREAS, the project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061(b) (3), in that it can be seen with certainty that there is no possibility that this CIP action will have a significant effect on the environment and does not involve approval of any specific project that may have a significant effect on the environment. Further, the actions taken under this Resolution involve government fiscal activity that does not involve a commitment to any specific project which may result in a potentially significant physical impact on the environment (CEQA Guidelines § 15378(b)(4), 15273(a)(4)).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley:
1) Hereby adopts the City’s Recommended 5-Year Capital Improvement Plan for Fiscal Years 2022-2023 through 2026-2027 and confirms the Plan is consistent with the adopted Oakley General Plan; and
2) Hereby adopts the FY 2022-2023 Proposed Capital Budget and 5-Year Capital Improvement Plan for Fiscal Years 2022-2023 through 2026-2027.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Oakley held on the 14th day of June 2022, and was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Randy Pope, MAYOR
ATTEST:
___________________________________
Libby Vreonis, CITY CLERK
952
1 CITY-COUNTY ANIMAL SERVICES AGREEMENT
The County of Contra Costa, a political subdivision of the State of California ("County"), and the City of Oakley, a municipal corporation in the County ("City"), enter into this City-County Animal Services Agreement (“Agreement”) effective as of July 1, 2022 (“Effective Date”).
1. Authority. The City has adopted by reference Division 416 of the Contra Costa County Ordinance Code (hereafter "Division 416") governing animals.
Division 416 establishes requirements and procedures for animal control by the County’s Animal Services Department. This Agreement is entered into to memorialize the County’s provision of Animal Services and enforcement of Division 416 within the City as provided in Section 416-4.208, and as authorized by California Government Code section 51301.
2. Enforcement Duties and Personnel. The County will enforce Division 416 within the City’s boundaries. The City hereby designates and appoints the County's Animal Services Director and his or her staff as public officers of the City for the purposes of this Agreement and enforcing and carrying out its provisions.
3. Scope of Services.
a. In addition to enforcing Division 416, the County will provide to the City the Field Services, Shelter Services, and Deceased Animal Services described in this Agreement (collectively, “Animal Services”) in the manner provided for in this Agreement. During periods of emergency (such as fire, earthquake, flooding, pandemic), it might not be possible to provide the Animal Services to the same extent and within the same time frames as during non-emergency times.
b. 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 in which the call was requested. In such a case, the City is responsible for determining the next appropriate action.
c. The County will provide Animal Services within the City’s boundaries in accordance with all applicable federal, state, and local laws, including the Ordinance Code.
4. Definitions.
a. “Critically Sick or Injured Animals” means those animals that have lifethreatening conditions. b. “Emergency Calls” means complaints of animal bites, potential rabies exposure, or attacks on humans or domestic animals that are in progress, or, when a bite or attack has occurred, where the animal remains an immediate threat to humans.
c. “Livestock” means a large domesticated agricultural animal, such as a 953
2 cow, bull, steer, horse, sheep, or other large agricultural animal. d. “Regular Field Services hours” means between 8:00 am and 9:00 pm each day of the week, including Saturdays and Sundays.
5. Field Services. The County will provide the following services (collectively, “Field Services”) within the City upon a request from a City resident or person within the boundaries of the City.
a. Pick up and attempt to return to their owners domesticated animals that are found “at large,” to the extent possible without impoundment by relying on the animal’s identification, including dogs, trapped, injured, or sick cats, and other small, domesticated animals, including rabbits, chickens, turkey, geese, and ducks, but excluding wildlife, such as deer, mountain lions, opossums, wild turkeys, raccoons, skunks or squirrels unless a rabies exposure has occurred.
b. Investigate complaints of animal bites, rabies exposure and attacks to humans or domestic animals, including documenting the incident, interviewing witnesses, quarantining animals, preparing and transporting animals for rabies testing, and investigating any alleged violations of a quarantine order.
c. Enforce provisions governing potentially dangerous and dangerous animals, including but not limited to investigating complaints, designating animals, impounding animals, conducting hearings, and issuing permits for animals designated dangerous or potentially dangerous. d. Enforce provisions governing barking dogs and other noisy animals, including but not limited to conducting hearings.
e. Respond during regular business hours to police or fire department calls for assistance regarding animal-related issues. The County may provide after-hours warrant support to the City with advance notice, if County Animal Services personnel are available and willing to volunteer for the assignment, and provided the City pays additional fees sufficient to cover the County’s actual costs.
f. Investigate, cite, impound, and seek resolution of complaints regarding potential mistreatment of domestic animals by their owners.
6. Response Times for Field Services.
a. The County will attempt to respond to requests for Field Services during the hours and within the times specified in this section. The County shall maintain records of its response times to calls for Field Services. i. Priority 1 calls are Emergency Calls, which are calls for assistance from police or fire personnel and calls regarding rabies exposure, dangerous animals, and Critically Sick or Injured Animals.
1. The County will respond to Priority 1, 2, and 3 calls between 8:00 AM and 9:00 PM, seven (7) days per week, including 954
3 holidays.
2. For ninety-five percent (95%) of responses to Priority 1 calls, County personnel will attempt to arrive on the scene within two (2) hours from the time when the call for service is received by County staff.
ii. Priority 2 calls are calls to pick up animals that were at large but have since been confined at a location within the County, and calls regarding urgent, animal-related requests for assistance not involving Critically Sick or Injured Animals.
1. The County will respond to Priority 2 calls during regular Field Services hours.
2. For eighty percent (80%) of responses to Priority 2 calls received during regular Field Services hours, County personnel will attempt to arrive on the scene within 12 hours from the time the call for service is received by County staff.
3. The County will respond to Priority 2 calls received outside of regular Field Services hours no later than 7:00 pm on the next day.
4. The County may respond to Priority 2 calls by taking a report by phone or by contacting parties and witnesses at the scene. iii. Priority 3 calls are all other calls, such as calls regarding animals at large, animals causing a nuisance, and dead animals.
1. The County will respond to Priority 3 calls during regular Field Services hours.
2. For sixty-five percent (65%) of responses to Priority 3 calls received during regular Field Services hours, County personnel will attempt to arrive on the scene within 24 hours from the time the call for service is received by County staff.
3. The County will respond to calls received outside of regular Field Services hours on the next day.
4. The County will respond to Priority 3 calls only after the County has responded to all then-outstanding Priority 1 and Priority 2 calls.
5. The County may respond to Priority 3 calls by taking a report by phone or by contacting parties and witnesses at the scene.
7. Shelter Services.
a. The County will provide the following services to City residents (“Shelter Services”):
i. Impound and shelter lost or stray dogs, injured/sick, lost or endangered community cats, and other small, domesticated 955
4 animals that are brought to the shelter by County staff, residents of the County or cities that have contracts with the County for the provision of Animal Services. A community cat is considered endangered if it is in imminent risk of being killed, poisoned, or injured but not if, due to being at large, it is at risk of starvation, being attacked by another animal, or hit by an automobile. Orphaned kittens that cannot survive without human intervention are also considered endangered.
ii. Impound and quarantine biting animals.
iii. Provide rabies testing of animals suspected of infection. iv. Provide for reclamation of abandoned, lost or stray domestic animals.
v. Provide onsite services to the public at the County’s Martinez shelter for the following: search for lost animals, reclaim animals, adopt animals, answer inquiries regarding animals, accept complaints regarding animals, provide vaccines and spay/neuter services for a small fee, conduct humane education programs, and license animals onsite or online.
vi. Provide care for sheltered animals based on the California Veterinary Board Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians. vii. Provide services as required by the California Penal Code Section 597.1 and other laws governing shelters for animal care, treatment, holding periods, placements, and dispositions.
b. Medical Services. As part of the Shelter Services, the County will provide the following medical services (“Medical Services”):
i. The County will provide veterinarian services twenty-four (24) hours per day through partnerships with emergency vets to treat injured or sick impounded animals.
ii. If an animal’s condition requires immediate treatment outside of the County shelter’s regular business hours or when no veterinarian is on staff at the County’s shelter, then County Animal Services Department officers or Good Samaritans may take the animal to any emergency veterinarian clinic/hospital that is under contract with the County to provide emergency veterinary services (as posted on the County shelter’s doors and on the County’s Animal Services Department’s website).
iii. The County will monitor animals on a rabies virus quarantine. iv. The County will conduct a minimum of one vaccine clinic per month and maintain a spay and neuter clinic in Martinez, which for a fee paid by the animal’s owner will provide vaccine and spay/neuter services for County residents’ dogs and cats. The fee will be 956
5 approved by the County Board of Supervisors and published on the County Animal Services Department fee schedule.
v. Provide rabies control information free of charge to the public. vi. The County will provide emergency veterinary services in accordance with Section 597(f) of the California Penal Code. c. Shelter Services Hours
i. The Martinez shelter will be open to the public for a minimum of 30 hours per week, 5 days per week, 6 hours per day, including one weekend day each week except during weeks that are shortened by a County holiday.
ii. The Martinez Shelter will be closed on designated County holidays and one day per year dedicated to in-house staff training.
8. Deceased Animal Services. The County will provide the following services within the City in response to calls regarding deceased animals during regular Field Services hours:
a. Pick up deceased domestic animals, wildlife, and livestock from public property.
b. With property owners’ consent, pick up deceased domestic or wild animals from private property for a fee based on the Department’s fee schedule paid directly to the County Animal Services Department by the property owner or reporting party.
c. Identify and notify the owner of deceased animals, whenever possible. d. Dispose of the body of any deceased animal picked up by the County.
9. Excluded Services. The County will not provide the following services to the City under this Agreement:
a. Respond to requests for removal of live or deceased marine animals and disposal of deceased marine animals.
b. Pick up and transport wildlife, including baby birds. c. Pick up live animals for surrender. The County may, at its discretion, accept live animals belonging to County residents for surrender at the Martinez shelter and charge a fee to the animal owner or property owner as part of its regular operations.
d. Respond to pest control issues (i.e., infestations, perceived or real, of squirrels, rats, mice, insects, gophers, wasps, bees, spiders, or other pests).
e. Respond to calls regarding live, sick and injured racoons, opossum, deer, mountain lions, coyotes, wild turkeys, wild pigs, peacocks, or other wildlife unless a rabies exposure has occurred. The County will refer calls regarding live wildlife to the California Department of Fish and Wildlife.
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6 10. Policies and Procedures. All policies and procedures shall be developed with the goal of ensuring animal welfare, enhancing cost efficiency and quality of services provided to the contracted cities and unincorporated areas of Contra Costa County. They will be developed to reflect best practices in the industry for animal control and shelter animal care using the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, National Animal Control Association (NACA) and/or other currently accepted best practices for animal control and animal sheltering.
11. Performance and Activity Reports. The County will deliver to the City within 14 days of the end of each quarter, an Animal Control and Results Report summarizing Animal Services provided by the County to the City during the previous quarter and including year-to-date data. This report will include the following information:
a. The total number of calls for service received by the County under this Agreement, identified by type of service and Priority level. b. A response time report identifying response times by Priority level. c. The outcomes for animals impounded, identified by City/County jurisdiction.
d. The number of calls for service received from City residents or persons within the City’s boundaries.
e. A listing of dogs registered to City residents identified as potentially dangerous or dangerous (PDA/DA) that have a valid County-issued PDA/DA permit.
12. Fees and Fines. Pursuant to Food and Agricultural Code Section 30652, all fees and fines collected by the County for providing Animal Services to the City shall be deposited into the County Treasury and shall be used to meet the County’s cost of providing Animal Services to the City.
13. Annual Fee.
a. In consideration for Services provided by the County to the City, and in addition to any fees and fines imposed on City residents, the City agrees to pay to the County the following amounts (“Annual Fee”):
i. For fiscal year 2022-2023, $7.97 for each person residing within the City limits as of January 2022. For example, if the City’s population is 50,000, the Annual Fee is $398,500.
ii. For fiscal year 2023-2024, $9.11 for each person residing within the City limits as of January 2023. For example, if the City’s population is 50,000, the Annual Fee is $455,500.
iii. For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) The County’s budgeted cost to provide Animal Services throughout the 958
7 County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of all cities for which the County provides Animal Services. For example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,000, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97 per capita [($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.
b. The City shall pay the Annual Fee to the County in four equal quarterly installments. Each installment shall be due on the first day of each fiscal quarter (i.e., July 1, October 1, January 1, and April 1). The City shall make the payment to the County Treasurer-Tax Collector, 625 Court Street, Martinez, CA 94553.
c. The City shall pay the Annual Fee to the County regardless of the amount of any fees and fines collected by the County pursuant to Division 416.
d. Each year, the County will prepare a reconciliation report of actual costs incurred by the County to provide Animal Services during the immediately preceding year to ensure the Annual Fee paid by the City covers only actual costs incurred to provide Animal Services. The reconciliation report will be completed and sent to the City in the month of August for each fiscal year. Any cost savings for that fiscal year will be applied to the following fiscal year.
e. For purposes of calculating the Annual Fee, the County shall rely on the population figures reported by the California State Department of Finance E1 Population Estimates report as of January of each year. f. The County shall notify the City of the amount of the Annual Fee for the next fiscal year by March 1st of each year.
14. Term; Termination.
a. The term of this Agreement begins on the Effective Date and continues for two (2) years. This Agreement shall automatically renew for successive three-year periods until either party terminates this Agreement by giving the other party 90 days advance written notice of termination.
b. This Agreement shall automatically terminate if the County repeals Division 416 or if the City repeals its resolution incorporating and applying Division 416 within the City.
c. The County may terminate this Agreement if the City fails to pay the 959
8 Annual Fee by its due date by giving the City 30-days advance written notice.
d. The County agrees to meet jointly with all contracting city agencies annually during Quarter 2 of each fiscal year (i.e., October) to discuss potential revisions or updates through the Public Managers Association.
15. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes any prior agreement between the parties, with respect to the subject matter hereof. Any amendment to this Agreement must be in writing and approved by the Contra Costa County Board of Supervisors.
16. Governing law; Venue. This Agreement shall be governed by the laws of the State of California. Any dispute arising out of or related to this Agreement shall be brought in Contra Costa County Superior Court.
17. Notices. Any notice to be given to either of the parties in connection with this Agreement shall be sent by U.S. mail to the following address:
If to County:
Director, Animal Services
4800 Imhoff Place
Martinez, California 94553-4300
If to City:
__________________________
__________________________
__________________________
__________________________
The parties are signing this Agreement as of the Effective Date set forth above.
COUNTY CITY
By: Beth Ward By:
Title: Animal Services Director Title:
Date: Date:
960
SHORT FORM
SERVICES AGREEMENT BETWEEN
THE CITY OF OAKLEY AND
PUBLIC SAFETY FAMILY COUNSELING GROUP, INC
THIS SERVICES AGREEMENT for professional consulting services is entered into by and between the City of Oakley, a municipal corporation in the State of California (hereinafter referred to as "City") and Public Safety Family Counseling Group, INC, a full service consulting firm (hereinafter referred to as "Contractor") effective as of July 1, 2022 (“Effective Date”).
Section I. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall continue until June 30, 2023.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the general geographical area of the City. Contractor shall prepare all work products required by this Agreement in a substantial, firstclass manner and shall conform to the standards of quality normally observed by a person practicing in Contractor's profession.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Contractor's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed the amount described in Exhibit A, attached hereto and incorporated herein. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. These payments shall be the only payments from City to 961
Public Safety Family Counseling Group Contract
Contractor for services rendered pursuant to this Agreement. Contractor shall submit invoices to City each month for services provided.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices during the term of this Agreement, as outlines in Exhibit A. Invoices shall be on Contractor’s Letterhead (or formal invoice form) and contain the following information:
HIPAA protected or legally privileged information shall not be included in any invoice at any time.
2.2 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.3 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all amounts due for work satisfactorily completed as of the date of written notice of termination.
2.4 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.
Section 4. RECYCLING REQUIREMENTS. Contractor agrees to comply with all City recycling requirements for matters directly related to this Agreement performed within City of Oakley jurisdictional boundaries, and as set forth in the Oakley Municipal Code, including, but not limited to:
a. Construction and Demolition. Contractor must contact a customer service representative (CSR) at Oakley Disposal Service, Inc. to arrange for service for any and all construction and demolition work to be performed as part of this project unless Contractor has been approved by the City as a “self-hauler” as defined in Oakley Municipal Code §4.20.308. The CSR will ask if the drop box contains 962
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recycle material and will direct the Contractor to drop the construction and demolition debris, including dirt and cement, to a permitted processing facility. The Contractor must indicate on their order form, by checking the applicable box, that they need documentation to comply with the Oakley Municipal Code. This documentation must be provided to the City within ten (10) days of receipt of said documentation by Contractor.
b. Commercial Self-Haul. Business self-haul materials are accepted at various Oakley Disposal Service, Inc. local facilities for recycling and include, but are not limited to, wood, inerts, metals, tires, greenwaste, plastics, cardboard, mattresses, foam padding, propane tanks, e-waste and appliances. Contractor agrees to drop any and all business self-haul materials at a site designated on the website www.cccounty.us/depart/cd/recycle/.
c. Road Maintenance and Construction Projects. Contractor agrees to recycle greenwaste, asphalt, concrete and metal from any and all road maintenance and construction projects at Oakley Disposal Service, Inc. designated locations. d. Office Recyclables. If Contractor has an office, temporary office, or trailer within the City of Oakley, Contractor agrees to recycle all paper, cardboard, bottles, cans, and toner cartridges at Oakley Disposal Service, Inc. designated locations. e. Special Waste Materials. Contractor shall dispose of inert materials, including, but not limited to, concrete, asphalt and rubber, at Oakley Disposal Service, Inc. designated locations. Shingles and wood waste shall be diverted to the Recycling Center and Transfer Station (RCTS) located at 3700 Loveridge Road, Pittsburg, CA 94565. Scrap metal shall be dropped off at a large-scale scrap metal recycle facility operating within Contra Costa County which may be found at www.cccrecycle.org.
f. Universal Waste. Contractor shall dispose of batteries, mercury containing devices and lamps, and certain consumer electronics at a recycling center designated by Oakley Disposal Service, Inc.
Section 5. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid.
Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted 963
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and made part of this Agreement prior to execution. Verification of the required insurance is attached hereto and incorporated herein as Exhibit B.
5.1 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected.
5.2 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor's earliest possible opportunity and in no case later than five calendar days after Contractor is notified of the change in coverage.
5.3 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 6. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES
6.1. Contractor shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability (including but not limited to loss of use, loss of profits or loss of goodwill arising in any manner from the work) arising out of any personal injury, loss of life, damage to property, or any violation of any federal, state, or municipal law or ordinance, arising out of the performance of this Agreement by Contractor, its officers, employees, agents, volunteers, subcontractors or subContractors, excepting only liability arising from the sole negligence, active negligence or intentional misconduct of City.
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6.2. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shalt apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
6.3. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
Section 7. STATUS OF CONTRACTOR.
7.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement, Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
7.2 Contractor, Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 8. LEGAL REQUIREMENTS.
8.1 Governing Law. The laws of the State of California shall govern this Agreement.
8.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
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8.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
8.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions.
In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
8.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby.
Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 9. TERMINATION AND MODIFICATION.
9.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.
Contractor may cancel this Agreement upon 30 days written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination.
9.2 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
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9.3 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
9.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
9.5 Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City may immediately terminate the Agreement.
Section 10. KEEPING AND STATUS OF RECORDS.
10.1 Records Created as Part of Contractor's Performance. Ownership of records created under this Agreement shall be treated as provided in Exhibit A, section 4.3.
10.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement,
10.3 Inspection and Audit of Records. Any records or documents that Section
9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement. Privileged or HIPAA protected information shall remain confidential subject to the terms of Exhibit A Compensation section 4.5 HIPAA Requirements.
Section 11 MISCELLANEOUS PROVISIONS.
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11.1 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.
11.2 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
11.3 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
11.4 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
11.5 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
11.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Contractor shall not employ any official of City in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code §1090 et. Seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, 968
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in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
11.7 Inconsistent Terms. If the terms or provisions of this Agreement conflict with or are inconsistent with any term or provision of any attachment or Exhibit attached hereto, then the terms and provisions of this Agreement shall prevail.
11.8 Reserved.
11.9 Contract Administration. This Agreement shall be administered by Joshua McMurray, City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
11.10 Notices.
Any written notice to Contractor shall be sent to:
Public Safety Family Counseling Group, INC
Attn: Scott Dansie, Operations Manager
3381 Walnut Blvd., Suite 210
Brentwood, CA 94513
Any written notice to City shall be sent to:
City of Oakley
Joshua McMurray, City Manager
3231 Main Street
Oakley, CA 94561
11.11 Integration. This Agreement, including the attached exhibits, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, and agreements, either written or oral.
11.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
11.13 Authorized Signature. Each person and party signing this Agreement warrants that he/she has the authority to execute this Agreement on behalf of the principal and that the party will be bound by such signature. 969
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The parties have executed this Agreement as of the Effective Date.
CITY: CONTRACTOR:
City of Oakley, a municipal corporation In
the State of California
Public Safety Family Counseling
Group, INC
Joshua McMurray, City Manager Elizabeth Dansie, President
Attest:
Libby Vreonis, City Clerk
Approved as to Form:
Derek Cole, City Attorney
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EXHIBIT A
Scope of Work/Compensation Schedule
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Public Safety Family Counseling Group, INC.
Exhibit A – Scope of Services and Compensation
SCOPE OF SERVICES
The primary purpose of this service contract is the creation and implementation of a first-year peer support team and Critical Incident Stress Management (CISM) program while providing 24/7/365 program response and support services to the City of Oakley Police Department (City) and its personnel.
BASE SERVICES
1. 24/7 On-Call/Standby Availability
1.1. Consultant will be available 24 hours a day, 7 days a week for Crisis Response and Stabilization Services for City and City’s personnel.
2. Crisis Response and Stabilization services. Such services may include, but are not limited to critical incident stress debriefings, crisis management briefings, on-site response, crisis intervention, and in person consultation as necessary following extraordinary events encountered by City’s personnel or impacting the performance of City personnel’s duties.
2.1. Crisis Response and Stabilization Services may be rendered at City’s offices, in the field, at Consultant’s offices, or virtually as approved by Consultant.
2.2. In the event that Consultant is requested to respond to an active scene or incident, City personnel shall accompany Consultant when requested.
3. Individual Crisis Stabilization and Counseling Services
3.1. Consultant will provide Individual Crisis Stabilization and Counseling Services as requested for City personnel, including 24/7 availability as needed.
3.2. Consultant will provide first responder specialized support and short-term individual crisis intervention and, as necessary, appropriate professional referrals to City’s employee assistance program or other suitable venue when indicated.
3.2.1. Short-term individual crisis intervention is defined as up to ten (10) one-on-one crisis intervention sessions per year without the need for referral or authorization from City.
Such sessions may be provided either in-person at Consultant’s offices or virtually.
3.2.2. In the event that an employee requires more than ten (10) hours of service per quarter, the City employee seeking service shall obtain written authorization in advance from City or authorize Consultant to contact City on behalf of the affected employee. The authorization process shall not require Consultant to disclose of the affected employee’s crisis or other HIPAA information without the employee’s consent.
3.2.3. In the event that employee self-refers, or is directed or referred by City, because of a suicidal crisis, services shall be rendered without regard to session or time limits until one of the following occurs. The suicidal crisis is stabilized, abated, or the affected employee 972
is referred to a higher level or other suitable care. City agrees to compensate Consultant according to Compensation section 2 in the event that this clause is triggered.
3.2.4. Referrals to third party services such as employee assistance programs, outside wellness training, or recovery/treatment retreats are not covered under this Agreement and are subject to other agreements between City and the third-party provider.
4. Telephone, email, and virtual Consultations
4.1. Expert collaboration with City Personnel regarding issues related to Critical Incident Stress, crisis intervention, education needs, organizational matters, and other psychological services as requested.
4.2. Provide on-going consultation to the City’s Peer Support Team on topics including, but not limited to, program development, team selection, and team operations.
4.3. Consult with City Personnel regarding critical incident stress management support education services for line, supervisory, and management staff as requested.
4.4. Unlimited telephone, email, and virtual consultations are provided as “Base Services” under this agreement.
5. Peer Support Team Member Services
5.1. Consultant will provide one, one-on-one check-in appointments per year for each peer support team member, coordinator, and liaison for the purpose of fostering professional wellness in their assigned role and to support positive wellness habits.
6. Training Services
6.1. Introductory Program Presentations
6.1.1. Consultant will conduct up to six introductory shift briefing presentations for the purpose of introducing Consultant’s firm, services, and program goals. Consultant will also solicit and compile peer support team member nominations following a blind nomination process.
6.1.2. City agrees to arrange for professional, non-sworn, and other administrative personnel to attend one of the aforementioned trainings.
6.2. Command Presentation and Training
6.2.1. Consultant will conduct one, one hour presentation and training for Command Staff in order to familiarize them with CISM and peer support team program goals and operations.
6.3. Management/Supervisory Presentation and Training
6.3.1. Consultant will conduct one, two-hour presentation and training for management and supervisory staff in order to familiarize them with CISM and peer support team program goals and operations.
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6.4. Line Personnel Training
6.4.1. Consultant will provide two, four-hour training blocks covering CISM, wellness, and resiliency for line level personnel.
6.4.2. Training will be presented at City facilities or virtually and may be open to outside agencies upon City’s request with Consultant approval.
6.5. Initial Peer Support Team Member Training
6.5.1. International Critical Incident Stress Foundation (ICISF) basic peer support training is required for all peer support team members. The basic peer support training consists of the 32-hour Group Crisis Intervention and Assisting Individuals In Crisis courses (GRIN).
GRIN training is not included in the base fee of this Agreement.
6.5.1.1. City may elect to host an ICISF GRIN course for its personnel or may elect to send personnel to a course hosted by another entity, at City’s sole discretion. Hosting a GRIN course may be incorporated into this Agreement for an additional fee.
Sending personnel to an outside course is subject to the prevailing attendance fee at the time of the course.
6.6. Regional Peer Support Continuing Education Training
6.6.1. Participation in Regional Peer Support Continuing Education Training for all City designated liaisons, coordinators, and peers is included as a Base Service.
6.6.2. Participating agencies share a rotating responsibility for hosting Regional Peer Support and Coordinator Meetings. Responsibility for hosting said trainings and meetings is split among participating agencies on a rotating basis.
6.6.3. Regional training may be offered in person or via a virtual electronic platform.
7. Meetings
7.1. Consultant will help facilitate and attend peer support team meetings exclusively for City’s peer support team members. Said meetings shall be set up by a Peer Support Team Coordinator or Liaison and should occur once per quarter. These meetings may be held/attended in-person or virtually. Four quarterly meetings are included in the base price of this Agreement.
7.2. Consultant will help facilitate and attend a bimonthly (occurring every other month) peer support team coordinator and liaison meeting. Said meetings shall be set up by a peer support team coordinator or liaison. These meetings may be held/attended in-person or virtually. Six team coordinator meetings are included in the base price of this Agreement.
7.3. Consultant shall attend Command Staff meetings as requested for the purpose of discussing and making recommendations as to CISM and peer support program needs and goals.
8. Policy Development and Review
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8.1. Consultant will supply City with a Sample Peer Support Policy and assist City personnel with review and recommendations for creating a comprehensive Peer Support Team and CISM Policy.
8.2. City shall have their own City Attorney and/or risk manager review any recommended policy prior to implementation. City is responsible for ensuring that any proposed policy is compliant with city, state, and federal law.
9. When City requests services to be rendered onsite, City shall make suitable space available to Consultant. When suitable space is not available, City shall make other location arrangements appropriate for the services to be rendered.
10. When Consultant is unavailable or unable to render services as indicated above, Consultant shall make necessary arrangements for referral to appropriate mental health professionals for coverage and make contact information available to City personnel.
11. Consultant shall not be responsible for computer, video, audio, or other technological needs for City or City’s personnel to attend training or access services.
ADDITIONAL SERVICES
1. Additional Individual Crisis Stabilization and Counselling Services
1.1. The City may elect to authorize additional Individual Crisis Stabilization and Counselling Services for impacted employees (beyond the 10 sessions per year afforded under section 2) on a case-by-case basis.
2. Additional Training and Meeting Services
2.1. Consultant may provide Critical Incident Stress Management or other training services within Consultant’s scope of practice for line, supervisory, and management staff as requested by City.
2.1.1.Training requests must be submitted at least 90 days in advance.
2.2. Consultant may provide or attend additional meetings or other gatherings beyond those outlined above as requested by City.
COMPENSATION
1. City shall compensate Consultant a flat base fee of $40,000.00 for “Base Services” as outlined under Scope of Services Sections 1 through 11, except where noted otherwise and subject to the following provisions.
1.1. Services may be rendered in-person, via telephone, email, or virtual platform based on the specific circumstances, nature, and needs of the service, City, and Consultant. Response services shall be provided in-person except under extraordinary circumstances.
1.2. Regional Peer Support Continuing Education Training may be provided in person or virtually and may be rescheduled, postponed, or cancelled for extraordinary events. 975
1.3. When Consultant is unavailable or unable to 24/7 standby/on-call availability, Consultant shall make necessary arrangements for referral to appropriate mental health professionals for coverage and any expense incurred by Consultant in doing so shall be the sole responsibility of Consultant.
2. Individual Crisis Stabilization and Counseling Services authorized beyond the 10 sessions per quarter outlined under “Base Services” section 2 and provided in Consultant’s offices shall be compensated at a rate of $225.00 per hour on an “as-utilized” basis.
3. Additional Training and Meeting Services requested by City outside those outlined in base services and provided by consultant shall be compensated at a rate of $250.00 per hour on an “as-utilized” basis.
3.1.1. Billing for Additional Training and Meeting Services shall include course development or preparation time as required to create or adapt training or otherwise prepare for presentation to City.
3.1.2. All services rendered away from Consultant’s office in Brentwood, CA are billed “portalto-portal” and include all time spent for travel, stand-by, or onsite.
3.1.3. ICISF licensed training courses are subject to the following additional approximated fees.
ICISF Registration and Licensing $400 per course
Materials Fees $150 per person
ICISF Certificates $15 per course, per person
3.1.4. During the term of this Agreement, the International Critical Incident Stress Foundation courses titled Group Crisis Intervention and Assisting Individuals in Crisis (GRIN) may be offered one time at the flat rate of $18,000.00 per session with a maximum of 42 attendees per session. Invoicing for these classes will occur when/as utilized.
4. Additional Service Terms
4.1. Services rendered under this Agreement do not include expert witness fees, deposition, court fees, representation, or testimony for or during any legal or formal administrative proceeding.
Fees related to any actual or proposed action in any proceeding start at $500.00 per hour and are subject to a minimum advanced deposit prior to any required appearance.
4.2. Copyright and Right of Use
4.2.1. Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes or any original works of authorship created by Consultant or its subcontractors or subconsultants in connection with services performed under this Agreement shall be deemed the exclusive intellectual or otherwise licensed property of Consultant and Consultant shall retain all rights therein. Consultant shall grant a right of use license to City while the City remains under contract with Consultant and the materials are created or branded for City’s use at no additional charge.
4.3. Ownership of Documents
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4.3.1. All documents, data, drawings, designs, reports, studies, memoranda, or any other items or work product prepared or obtained by Consultant or its subcontractors or subconsultants in connection with services performed under this Agreement are instruments of Consultant’s services. They are not intended, nor are they represented to be suitable for reuse by others on extension of this project or on any other project.
Any reuse without specific, written verification and adaptation by Consultant for the specific intended purpose will be at the user’s sole risk and without liability or legal exposure or expense to Consultant. Consultant shall not waive their interest in any work product created under this Agreement except where otherwise noted herein.
Consultant shall grant a right of use license to City while the City remains under contract with Consultant and the materials are created or branded for City’s use at no additional charge.
4.4. Third Party Insurance Verification
4.4.1. Neither Consultant nor Consultant’s insurance providers are able to comply with demands from or supply documents to Third Party Insurance Verification services that City may contract with, currently or in the future, to verify independent contractors’ insurance policies. In the event that City utilizes such services, City shall designate a City staff member to collect insurance documents from Consultant and resolve any verification requirements.
4.4.2. City has had the opportunity to review all of Consultant’s insurance policies related to this Agreement and will certify that said insurance meets the requirements of any provisions related to insurance requirements prior to execution of this Agreement or City has agreed to waive unmet requirements if they are outside the scope of Consultant’s insurance.
4.5. HIPAA Requirements
4.5.1. Confidentiality of Consultant’s services and records are governed by State and Federal statues, court decisions, ethical standards, and generally accepted business practices for their profession. Notwithstanding any other section of this Agreement, no record or other identifying information, including but not limited to HIPAA protected information shall be released without a valid court order, written authorization from the individual(s) affected by the information release, or other legal authority compelling release of such information. Additionally, compliance with any audit or inspection requirement contained herein necessitates an investment of Consultant’s time, efforts, and resources in order to maintain the required confidentially of records subject to audit or inspection and as such, shall be considered billable hours and compensated according to this Agreement.
This section shall supersede all other sections and shall survive termination, cancellation, or expiration and remain in effect indefinitely.
4.6. Confidentiality of Consultant’s Information
4.6.1. City shall not disclose any confidential or proprietary information received from Consultant, including but not limited to client information or other intellectual property, to anyone except City’s employees who require access to the information to access Consultant’s services without adaptation by Consultant. 977
4.6.2. Notwithstanding the foregoing, Consultant recognizes that City is obligated to comply with the California Public Records Act (California Government Code §§ 6252 et seq.) and that records in the possession of the City may be required to be disclosed. The City will assert exemptions to the California Public Records Act as allowed, including protecting personal contact information and other confidential information as allowed.
4.6.3. If the City receives a Public Records Act request for documents related to the Consultant, it will promptly notify the Consultant of such request. The Consultant may then seek to assert protections and privileges in court, as it may deem appropriate. The Consultant shall notify the City within 5 days if it will seek judicial intervention. If it does not, the City will release the requested documents. Nothing herein prohibits the City from asserting any exemptions to disclosure that it deems appropriate.
4.6.4. Parties agree to exercise at least the same care, control, and security over records, documents, and/or confidential information obtained from the other party as they would for their own records, documents, and/or confidential information.
4.7. Billing and Invoices
4.7.1. Consultant shall endeavor to provide a monthly utilization statement and/or invoices to the City no later than the 15th day of each month following the month in which services are provided. The utilization will include a description of services rendered and the date on which such services were provided. In addition, the monthly statement will provide a running account of hours utilized. Due to HIPAA restrictions individual client information will at no time be included in accounting information. Utilization statements shall be combined with monthly invoices for convenience. City shall pay all; undisputed invoices within 30 days of receipt.
4.7.2. City shall ensure timely requests for and utilization of Consultant’s services. All services not utilized within the one-year term of this Agreement are non- refundable and will be lost as of June 30, 2023. Failure of City to utilize Consultant’s services in a timely manner shall not be cause for a refund or extension of time.
4.8. Force Majeure
4.8.1. Except with respect to failure to pay any amount due under this Agreement, nonperformance of either party will be excused to the extent that performance is rendered impossible by strike, fire, flood, natural disaster, pandemic, death of Provider, public protest or riot, governmental acts that are not caused by or within the control of the nonperforming party, order or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control and not caused by the negligence of the nonperforming party.
5. The term of this Agreement shall be July 1, 2022, through June 30, 2023. This Agreement may be extended by amendment.
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Exhibit B
Insurance Requirements
Specific Insurance Requirements and Required Policy Limits PROFESSIONAL SERVICES CONTRACTS:
Including, but not limited to architects, engineers, consultants, counselors, attorneys and accountants.
Consultant shall procure and maintain for the duration of its contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum scope of coverage
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01) covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form number CA 0001 Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Consultant provides written verification it has no employees) Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects and Engineers coverage shall be endorsed to include contractual liability.
If the Consultant maintains higher limits than the minimums shown above, the Entity requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. 979
Other Insurance Provisions
The insurance policies, with the exception of Professional Liability Insurance, are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage should be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which Consultant or any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
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2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause.
All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 981
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTING SERVICES
AGREEMENT WITH THE PUBLIC SAFETY FAMILY COUNSELING GROUP, INC
TO PROVIDE TRAINING AND SUPPORT RELATED TO CRITICAL INCIDENTS AS
WELL AS COUNSELING SERVICES ON AN AS NEEDED BASIS FOR MEMBERS
OF THE OAKLEY POLICE DEPARTMENT AND A CITY-COUNTY ANIMAL
SERVICES AGREEMENT WITH CONTRA COSTA COUNTY
WHEREAS, the SP27+ has an objective of employee wellness in the sustainable organization goal; and
WHEREAS, the Oakley Police Department responds often to critical incidents, some in which our officers would benefit from peer support or counseling; and WHEREAS, the Public Safety Counseling Group would be available to our officers 24/7, 365 days per year; and
WHEREAS, the training and support services provided will be specific to law enforcement; and
WHEREAS, the SP27+ has an community health and safety goal to prioritize safe streets and healthy neighborhoods; and
WHEREAS, the City of Oakley has adopted by reference Division 416 of the Contra Costa County Ordinance Code governing animals; and WHEREAS, the City of Oakley and Contra Cost County would like to update and clarify the terms of their agreement for animal services to be provided by the County and the cost for such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley does hereby approve and does authorize the City Manager to execute the following agreements:
1) A consulting services agreement with the Public Safety Family Counseling Group, Inc to provide training and support related to critical incidents as well s counseling services on an as needed basis for the members of the Oakley Police Department as outlined in the attached agreement. 2) A City-County Animal Services Agreement between the City of Oakley and Contra Costa County for the provision of animal services as outlined in the attached agreement.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Oakley held on the 14th day of June 2022 by the following vote:
AYES:
NOES:
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ABSTENTIONS:
ABSENT:
APPROVED:
Mayor
ATTEST:
Libby Vreonis, City Clerk Date
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