Upon invoicing for January, April, July, October
4. Animal Control/Humane Officer training Upon invoicing for January, April, July, October
5. Humane Investigation report to include number
of calls, contacts, notices, citations, and number
of cruelty/neglect cases submitted to the District
Attorney/City Attorney for prosecution with
outcome.
Upon invoicing for January, April, July, October
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Packet Pg. 261 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 37 6. Maintenance and repair report listing all
vehicles and the service received.
Upon invoicing for January, April, July, October
Annual Reports Due
1. All monthly and quarterly statistics listed above
compiled for an annual summary of animal
statistics
Prior calendar year upon invoicing for February
2. Medical services staff training--list of staff, type of training, and dates of completion.
Prior calendar year upon invoicing for February
3. Field officer training - list of staff, type of
training, and dates of completion.
Prior calendar year upon invoicing for February
4. Animal care staff training - list of staff, type of
training, and dates of completion.
Prior calendar year upon invoicing for February
5. Annual dog and cat statistics in basic matrix
format, including live release rates and the live
release rate formula used.
Prior calendar year upon invoicing for February
6. Annual financial audit statement. December 31st of the current year
7. Customer satisfaction rating survey results. Prior calendar year upon invoicing for February
8. A Continuity of Operations Plan (COOP) for
the provision of all contracted services in the
event of a natural disaster or other significant
unanticipated event that might otherwise disrupt
services.
Prior calendar year upon invoicing for February
9. A written cost allocation methodology
procedure. Methodology should consist of items
such as how direct services, such as field and
shelter personnel and supplies, cost are
distributed vs administration personnel that may
be used for other than County contract related
services, if applicable.
Prior calendar year upon invoicing for February
10. A list of all current employed personnel by
position paid for in full or part by the Contract with
the salary/benefits and percent of FTE for each.
Prior calendar year upon invoicing for February
11. Personnel Organization chart with the
percentage breakdown of FTE positions and
number of . For those personnel whose
responsibilities extend beyond the contract, the
organizational chart will indicate the percent of
full-time equivalence assigned to each staff
member for the contract that will be correlated
with the amount funded by the contract.
Prior calendar year upon invoicing for February
12. Detailed budget narrative outlining estimated
revenues and expenditures for operating and
capital needs, explanation of operational and
financial changes requested from the prior year,
major operation strategy shifts, and any other
items necessary to provide the County with an
understanding of the proposed spending plan for
Current fiscal year upon invoicing for August
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Packet Pg. 262 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 38 the following year.
13. Current policy and procedures (SOPs). Prior calendar year upon invoicing for February
14. Contractor will notify the County by January
31st of each year the number of bite quarantines
handled for the past calendar year, broken down
by city, compared to the average number of
quarantines for the prior three (3) calendar years
and include data on in-home vs. shelter.
Contractor will provide statistical information to
the Animal Control & Licensing Manager
sufficient to allow for completion of the Local
Control Rabies Activity Report required by the
State of California. The past years rabies
information to be provided to the County no later
than February 15th of each year.
January 31st and February 15th for prior calendar year
15. Provide the County with an inventory list of
County owned equipment.
Prior calendar year upon invoicing for February
16. Number of spay/neuter surgeries provided to
San Mateo County residents, transfer partners
and shelter animals, number of spay/ neuter
surgeries provided to residents outside of San
Mateo County, divided by category, and total
spay/neuter surgeries.
Prior calendar year upon invoicing for February
17. Humane Investigation report to include
number of calls, contacts, notices, citations, and
number of cruelty/neglect cases submitted to the
District Attorney/City Attorney for prosecution with
outcome.
Prior calendar year upon invoicing for February
18. Number of volunteers, hours and tasks
performed.
Prior calendar year upon invoicing for February
19. Provide the County with an itemized list of all
County fees collected.
Prior calendar year upon invoicing for February
20. Number and type of disaster trainings
conducted, both within their organization and with
other groups in the County.
Prior calendar year upon invoicing for February
21. Contractor to provide annually a detailed
outline of what they will provide or do for kennel
enrichment for all animals housed at the shelter.
Prior calendar year upon invoicing for February
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Packet Pg. 263 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 39 VIII. PERFORMANCE MEASURES
Incentive Performance Measures
1. 85% of stray and owner-surrendered animals that go through their stray hold will be moved to a positive outcome within three (3) weeks of entering the shelter. Detailed description of reasons for not meeting this objective is required for animals not moved within three (3) weeks (with the emphasis looking to improve the positive outcome over the duration of the contract). Dangerous animals, quarantined animals and animals in protective custody are excluded.
2. 95% of rabies specimens will be delivered to the San Mateo County Public Health Laboratory within 48 hours of arriving at the shelter. Detailed description is required in the notes in the Chameleon (or any successor system) software for animals not delivered within 48 hours
3. 95% of all animals entering the shelter will be administered vaccinations, dewormer, and flea control as appropriate for their species.
4. All animals receive a health assessment within 24 hours of the animal entering the shelter.
5. All dogs and cats receive an equitable full behavioral assessment no longer than 96 hours of the animal entering the shelter (not including the day of intake). Detailed description is required for animals not receiving a complete behavioral assessment. Excluded: Dangerous animals, quarantined animals, animals in protective custody, euthanasia requests, exotic animals, and fowl.
6. 95% of all priority 1 calls are responded to within 1 hour of the reporting party calling Dispatch.
7. 95% of all priority 2 calls are responded to within 4 hours of the reporting party calling Dispatch.
8. 90 % of all priority 3 calls are responded to within 18 hours of the reporting party calling Dispatch.
9. 85% of all priority 4 calls are responded to within 24 hours of the reporting party calling Dispatch.
10. Monthly reporting of the number of citations issued to animal owners. A detailed explanation is required for ±15% variation in the measure.
11. Monthly reporting of the number of citations voided due to license purchase.
12. Provide monthly reporting on the number of animals euthanized in the field by species type and jurisdiction.
13. 100% of investigative reports including available witness statements, photos, videos, veterinarian bills, medical bills, bite reports, and police reports to the County within 3 calendar days prior to a hearing, excluding weekends and holidays.
14. 90% of dead animals are removed within 18 hours.
15. 90% of all quarantines will be responded to within 18 hours of the reporting party either calling Dispatch or a faxed bite report being received.
16. Dispatchers answer 90% of calls to Dispatch in less than 2 minutes and have no more than a 10% abandoned call rate.
17. Contractor will report quarterly and annually how many cruelty cases have been investigated and the number of cases sent to the District Attorney or City Attorney for prosecution.
18. All live animals entering the shelter with a non-urgent medical issue are examined by veterinarian/technician within 24 hours. Examinations may be visual for animals that are unsafe to handle. A detailed explanation is required for ±10% variation in the measure.
19. All officers will be trained as per state law within 1 year of hire date.
20. All staff that have access to human medical documents must be HIPAA trained by the Contractor within 30 days of hiring.
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Packet Pg. 264 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 40 21. Provide initial response (e.g. phone call, email, in-person visit) to resident complaints within 48 hours of receipt, with intent to resolve within a reasonable period. No more than a 10% variance
22. 5% increase in the number of pets receiving a rabies vaccination at monthly vaccine clinic based upon
23. Number of pets receiving a license during the vaccine clinics shall increase 10% each year by using a baseline the prior fiscal year and for each consecutive year throughout the term of the contract.
24. Contractor shall only report out for response times those field activities logged into Chameleon (or any successor system) those that are dispatched to field staff and when they arrive on scene to the location of the activity. If other field services activities, such as phone calls, emails or text messages are logged into Chameleon (or any successor system) they will not be counted in the response time report.
25. Written audit and opinions shall be supplied to the County by December 31st of each calendar year for the previous fiscal year.
Non-Incentive Performance Measures
26. All received animals will receive a microchip scan. Detailed description is required for animals not receiving a microchip scan
27. Contractor to provide annually a detailed outline of what they will provide or do for kennel enrichment for all animals housed at the shelter.
28. Contractor will have written policies and procedures on euthanasia with a goal of ensuring that non-aggressive and healthy or treatable animals that enter the shelter system are not euthanized and that such animals are given a positive outcome through redemptions, adoptions and transfers to other organizations.
29. Contractor will have comprehensive written policies and procedures on Field Services. Policies and procedures should include proper care and handling of animals, emergency response procedures, how animals are placed into the vehicle, how officers will keep animals protected from the heat and cold in their vehicle, and standards for cleaning and disinfecting vehicles.
30. Contractor will have comprehensive written policies and procedures on Veterinary Medical Services. Policies and procedures should include proper care of injured and sick animals
31. All staff that will be euthanizing animals shall be trained per state law prior to performing euthanasia.
32. All staff and volunteers that will be responding to or caring for animals during a disaster shall take the ICS 100 & 700 online classes.
33. Contractor will be 100% in compliance with documentation outlined in this contract of animals entering the shelter. The County program manager of Animal Care and Control may conduct annual reviews of animal records.
34. Contractor shall maintain books, records, reports and accounts adequate to allow County and/or the auditor to fully evaluate, ass
contract funds under the Agreement, and allow inspection of same by County at any time with 24 hour notice, as outlined in this Agreement
35. Contractor shall use reasonable efforts to make staff available to assist with Mutual aid, as requested and, when the contractor reasonably determines that it is unable to do so, it shall promptly provide a detailed written explanation of why it is unable to do so:
36. Contractor will have comprehensive written policies and procedures on the Volunteer Program.
Contents of the policies and procedures should include, but not be limited to, the application form and process, job descriptions, selection and supervision, orientation and training, performance reviews, outline allowable and non-allowable activities, and a process for dismissal.
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Packet Pg. 265 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 41 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:
The total amount that the County shall be obligated to pay for services rendered in this agreement shall not exceed THIRTY TWO MILLION FIVE HUNDRED FORTY EIGHT THOUSAND NINE HUNDRED EIGHTY NINE DOLLARS AND NINETY ONE CENTS ($32,548,989.91). The county shall pay the contractor in accordance with the following terms:
A. Budget
1. Fiscal Year and Amount
a) 2021-22: $6,189,290.95
b) 2022-23: $6,327,480.28
c) 2023-24: $6,499,455.67
d) 2024-25: $6,674,024.00
e) 2025-26: $6,858,739.01
2. All funds paid to Contractor pursuant to this Services Agreement shall be used by the Contractor to meet its obligations herein.
3. A detailed proposed budget is included as Exhibit F.
4. An additional amount of $100,000 annually will be included in the total budget to provide an incentive. Ability to access incentive funds will be determined based on:
a) Should the Contractor achieve all 25 of the incentive performance measure targets the Contractor will receive 100% of incentive ($100,000).
b) Should the Contractor achieve 90% (23) of incentive performance measures the Contractor will receive $75,000.
c) Should the Contractor achieve 80% (20) of incentive performance measures the Contractor will receive $25,000.
B. Incentive Money
1. Incentive money is to be used to benefit the animals in San Mateo County (i.e., additional micro-chipping & vaccine clinics, mobile spay and neuter, disaster equipment, etc.) and Contractor will provide a summary report on how the incentive money was spent.
C. Cost Overruns
1. During any fiscal year of this Services Agreement, if the costs necessary and incidental reasonably anticipated, Parties hereto shall meet to discuss what steps should be taken.
In no event shall the County provide additional reimbursement for costs overruns without
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Packet Pg. 266 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 42 2. If county or state laws are passed during the term of this Services Agreement that require a greater level of service, County agrees to negotiate in good faith with Cities and Contractor to reimburse Contractor for additional costs associated with implementing the new laws. Should such amendments result in significantly increased costs to Contractor, Parties agree to negotiate in good faith to agree on appropriate reimbursement. If Parties are unable to agree on reimbursement costs, Contractor shall document the increased costs and submit to the County Controller. The Controller will conduct an independent audit. Parties agree to
3. If current state laws are amended, repealed, otherwise changed or suspended during the term of this Services Agreement that reduce, increase, alter, or remove existing relevant mandates, County may require Parties to meet to discuss possible financial and operational impacts of levels of service per the change in law, including but not limited to any decrease in contract amounts paid to Contractor. If, within 90 days, Parties reach mutual agreement as to how to proceed as a result of the change in law, it shall be memorialized as an amendment to this Services Agreement. If, after no less than ninety (90) days, Parties do not reach mutual agreement as to how to proceed as a result of the change in law, the County Controller will conduct an independent audit. Parties then have Should Parties decide not to accept
ne
whether they wish to exercise early termination of this Services Agreement, as set forth below.
days results in this Services Agreement continuing without change or amendment for the duration of the term determined by Section 9 Term and Termination of this Services Agreement. Should either Party chose to exercise this early termination option, the Party shall do so by providing three-hundred-sixty-five (365) days prior written notice to other Party of its decision to terminate.
D. Modifications to the Budget or Payments
1. Any changes to the budget in Exhibit F must be requested in writing to the County no later than February 1 of the prior fiscal year for approval and a possible contract amendment by March of that year.
2. In the event that funds provided under this Agreement are expended prior to the end of the contract term period, Contractor shall provide ongoing services under the terms of this Agreement through the end of the contract period without further payment from County.
3. In the event that funds provided under this Agreement are not expended prior to the end of a fiscal year, Contractor shall have the opportunity to request funds no later than February 1 of the prior fiscal year to be used in the subsequent 12-month period with clear explanation for how those additional funds would be expended, and the County shall determine what amount of rollover funds will be available by March of the year.
E. Budget Monitoring and Exceptions
1. Revenue accounts shall be established for each service and shall be maintained separately by Contractor.
F. Method of Payment and Invoicing
1. Within 20 business days of the end of each month, Contractor must submit an invoice of actual costs for provision of services provided in Exhibit A for the prior month.
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Packet Pg. 267 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 43 a) For the month of June each year, the following deadlines for invoices exist.
Specific dates for each fiscal year close will be confirmed in May of that year. (1) June 18, 2022
(2) June 17, 2023
(3) June 15, 2024
(4) June 21st, 2025
For the FY of July 2021-June 2022, Contractor may submit one initial invoice to the County by July 5th, 2021 in the amount of $500,000 as an advance payment for the fiscal year. The Contractor will reconcile this one-time advance payment on or before the September invoice. a) A similar arrangement for a one-time annual advance payment in July for each fiscal year will be in place.
2. Other than the advance payments in July of each year, which are reconciled by September of each year, Contractor will only invoice for actual costs.
3. Within 20 business days of the termination or expiration of the contract, Contractor must submit a final invoice and refund to County any advanced funds in excess of actual costs. annual fiscal obligation under this Agreement
exceed the amounts noted in Exhibit B Section A. Budget 1. Fiscal Year and Amount.
4. 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 or credit a portion of such advance payments to the County. Contractor is not entitled to payment for work not performed as required by this Agreement
a) Invoices are to be sent to:
Lori Morton-Feazell
San Mateo County Animal Control and Licensing
225 37th Ave, PONY PBH319ACL
San Mateo, CA 94403
650-573-3726
[email protected]
b)
the County shelter
(1) Total amount of expenses incurred
(2) A breakdown of those expenses according to budget categories included in Exhibit F
(3) A payroll report of positions identified in the annual organizational chart (4) Associated reports on performance metrics
(5) A description of any accomplishments or challenges in providing services or changes to service provision.
5. Additional supporting documentation is not required to be submitted with invoices, however, the County can request supporting documentation on demand.
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Packet Pg. 268 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 44 G. Signature Claims Certification and Program Integrity
1. Anytime Contractor submits an invoice to the County for reimbursement for services provided under Exhibit A of this Agreement, Contractor shall certify by signature that the invoice is true and accurate by stating the invoice is submitted under the penalty of perjury under the laws of the State of California.
2. The invoice must include the following language and signature line at the bottom of the form(s) and/or cover letter used to submit the invoice.
3. that this claim for services complies with all terms and conditions referenced in the Agreement with San Mateo County.
Executed at _______________ California, on __________20___ Signed ____________________ Title ____________________
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Packet Pg. 269 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 45 Exhibit C
Excluded Services
1) Enforcement of regulations regarding the number of animals per household. 2) Removal and/or disposal of dead marine animals.
3) Pick up of baby birds.
4) Pick up of dead animals (deer, wildlife or domestic) from freeways or highways (1, 35 (Skyline Blvd.), 82 (El Camino Real), 84 (Woodside Road), 92, 101, 109, 114, 230, 280, 380). Freeways and highways are maintained by CALTRANS.
5) Respond to barking dog complaints or animal noise nuisance complaints. 6) Respond, whether dead or alive, to marine mammals/fish 7) Routine patrol of leash-law enforcement in parks, beaches, and other public places when other priority calls are pending. When there are no priority calls pending, Contractor will respond to complaints, calls, and observed violations regarding off-leash dogs in parks, beaches, and other public places where off leash dogs are not allowed, e,
and will maintain a patrol of no farther 500 yards from the vehicle. 8) Under no condition shall a dangerous or vicious animal designation when determined in accordance with relevant County or City ordinance, placed on an animal by a law enforcement officer of any contract area as shown in Exhibit B to be overridden by Contractor. In cases where the contract area law enforcement officer is designating the animal as dangerous or vicious, eded regarding prior history with
animal and/or owner.
9) Contractor will not accept animals at the County Shelter facility which belong to non-San Mateo County residents, unless an emergency arises requiring surrender of an animal. The County Shelter may accept stray animals that were found outside of San Mateo County. The Contractor shall attempt to immediately transfer the stray animal to the proper shelter in the County where it was found in a commercially expeditious manner.
10) Respond to pest-control issues (e.g., infestations, perceived or real, of rats, mice, insects, gophers, wasps, or spiders, etc.)
11) Investigate dog vs. dog incidents at County and/or City or other approved off-leash dog areas including dog parks, beaches, public parks, etc. Contractor will investigate dog vs. dog incidents at approved off leash dog areas as defined in the Ordinance. 12) Investigation of Animal Cruelty cases. -profit
organization. Contractor will ensure that the Humane investigators attend an annual training with investigate along with the number of cases sent to the District Attorney for prosecution. In the event that Contractor determines that its donor funding levels have been reduced to the level that it cannot sustain the Cruelty/Neglect program, the parties agree to meet and confer about whether or not to amend this Agreement to allow for County and City cost sharing to support the program, or the County and cities taking over responsibility for the costs of the program. 13) Spay & Neutering of Animals being placed for adoptions and low-cost surgeries for the public. -profit organization. Annually a report will be sent to the County that includes number of public and adoptable animal surgeries and number of surgeries performed for County residents and non-residents.
14) Care, treatment and rehabilitation of wildlife.
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Packet Pg. 270 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 46 Exhibit D
Contract Areas
The unincorporated County and the following Cities have contracted for services pursuant to this Services Agreement:
Atherton
Belmont
Brisbane
Burlingame
Colma
Daly City
East Palo Alto
Foster City
Half Moon Bay
Hillsborough
Menlo Park
Millbrae
Pacifica
Portola Valley
Redwood City
San Bruno
San Carlos
San Mateo
South San Francisco
Woodside
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Packet Pg. 271 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 47 Exhibit E
Fees to be Collected for Services Provided
In consideration of the payments set forth in Exhibit B, Contractor shall make every attempt to collect all of the following fees from the responsible party. Contractor has no authority to negotiate, waive, or retain fees.
A. The following are fees as outlined in the applicable County or City Fee Ordinance are to be charged and collected by the Contractor to the party taking responsibility of the animal and then sent on a weekly basis to the County by the Contractor.
1. Licensing revenue is to be itemized by jurisdiction and category type.in a format provided by the County.
a) All licensing fees as shown in San Mateo County ordinance 6.04.290 (a) and comparable City ordinances, including late fees whenever applicable.
B. The following are fees as outlined in the applicable County or City Fee Ordinance are to be charged and collected by the Contractor to the party taking responsibility of the animal and then sent on a monthly basis to the County by the Contractor.
1. All redemption charges as shown in San Mateo County Ordinance 6.04.290 (b) with the following limitation:
a) Impound charges and board costs for all animals except wildlife, unless wildlife is legally under permit for possession by a private citizen, including Vincent Bill Unaltered impound fees;
b) Transportation and trailing costs for equine, swine, bovine, sheep, goats, and any other animals Contractor deems advisable to move by trailer; and c) Animal rescue costs on private property.
2. All surrender, euthanasia and dead on arrival disposal fees, as shown in San Mateo County Ordinance 6.04.290 (c).
3. Quarantine fee Home, as shown in San Mateo County Ordinance 6.04.290 (d).
4. Dangerous Animal Permit permit, inspection, and signage fees, as shown in San Mateo County Ordinance 6.04.290 (e), (f), and (g).
5. Field Return fees, as shown in San Mateo County Ordinance 6.04.290 (h).
6. Breeding and Fancier Permit fees, as shown in San Mateo County Ordinance 6.04.290 (i) and (j).
7. Return check fees, as shown in San Mateo County Ordinance 6.04.290 (k).
8. Record request fees, as shown in San Mateo County Ordinance 6.04.290 (l).
9. Administrative hearing fees, as shown in San Mateo County Ordinance 6.04.115 (f) or the applicable city ordinance.
10. Fees collected for dead animal pick-up in public areas and disposal; trap rental; dead animal pick-up on private property; and citation clearance.
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Packet Pg. 272 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 48 C. Uncollectable Fees
1. Contractor has no legal authority to negotiate, waive or retain fees for services unless provided by the applicable ordinance. Contractor shall collect all fees at the time of service or prior to release of impounded animal or release otherwise authorized per this Agreement.
2. Contractor shall use all reasonable efforts to collect the fee from the responsible party not release the animal until fees are paid unless refusing to release the animal would, in reasonable estimation, potentially jeopardize the safety of its staff, volunteers or facility.
3. Contractor will provide responsible party with a form provided by the County and agreed to by Contractor. Form will acknowledge debt for services provided by Contractor Parties shall meet when
necessary to agree upon the form.
4. If fees remain uncollectable after reasonable efforts, Contractor will send the following to the County on a monthly basis:
a) Excel spreadsheet showing the following:
(1)
(2) Service provided and fee charged by Contractor
(3) Reason Contractor was unable to collect fee at the time of service b) Itemized invoice
c) Returned check, if applicable
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Packet Pg. 273 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Exhibit F
Five-Year Budget (PROPOSED IN RFP)
Entity Name: Peninsula Humane Society
Year 1 Budget Year 2 Budget Year 3 Budget Year 4 Budget Year 5 Bud Budget Category Total Total Total Total Total
Personnel $3,432,241.20 $3,529,662.03 $3,635,551.89 $3,744,618.44 $3,856,95 Fringe $1,120,626.75 $1,152,434.65 $1,187,007.69 $1,222,617.92 $1,259,29 Operating Expenses $1,139,500.00 $1,162,290.00 $1,185,535.80 $1,209,246.52 $1,233,43 Equipment $78,200.00 $79,764.00 $81,359.28 $82,986.47 $90,05 Subcontracts $387,080.00 $373,221.60 $379,486.03 $385,875.75 $392,39 Other Costs $31,643.00 $30,108.00 $30,514.98 $28,678.90 $26,60 Total Expenditures $6,189,290.95 $6,327,480.28 $6,499,455.67 $6,674,024.00 $6,858,73
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Packet Pg. 274 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 50 Attachment H
Health Insurance Portability and Accountability Act (HIPAA) Business Associate Requirements
I. DEFINITIONS
Terms used, but not otherwise defined, in this Schedule shall have the same meaning as those terms are defined in 45 Code of Federal Regulations (CFR) sections 160.103, 164.304, and 164.501. All regulatory references in this Schedule are to Title 45 of the Code of Federal Regulations unless otherwise specified.
a. Business Associate.
term "business associate" at 45 CFR 160.103, and in reference to the parties to this agreement shall mean Contractor.
b. Covered Entity. "Covered entity" shall generally have the same meaning as the term ent shall
mean County.
c. HIPAA Rules. "HIPAA rules" shall mean the Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR part 160 and part 164, as amended and supplemented by Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009. d. Designated Record Set. "Designated Record Set" shall have the same meaning as the term "designated record set" in Section 164.501.
e. Electronic Protected Health Information. "Electronic Protected Health Information" (EPHI) means individually identifiable health information that is transmitted or maintained in electronic media; it is limited to the information created, received, maintained or transmitted by Business Associate from or on behalf of Covered Entity. f. Individual. "Individual" shall have the same meaning as the term "individual" in Section 164.501 and shall include a person who qualifies as a personal representative in accordance with Section 164.502(g).
g. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. h. Protected Health Information. "Protected Health Information" (PHI) shall have the same meaning as the term "protected health information" in Section 164.503 and is limited to the information created or received by Business Associate from or on behalf of County. i. Required By Law. "Required by law" shall have the same meaning as the term "required by law" in Section 164.501.
j. Secretary. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services or his or her designee.
k. Breach. The acquisition, access, use, or disclosure of PHI in violation of the Privacy Rule that compromises the security or privacy of the PHI and subject to the exclusions set forth in Section 164.402. Unless an exception applies, an impermissible use or disclosure of PHI is presumed to be a breach, unless it can be demonstrated there is a low probability that the PHI has been compromised based upon, at minimum, a four-part risk assessment:
1. Nature and extent of PHI included, identifiers and likelihood of re-identification;
2. Identity of the unauthorized person or to whom impermissible disclosure was made;
3. Whether PHI was actually viewed or only the opportunity to do so existed;
4. The extent to which the risk has been mitigated.
l. Security Rule. "Security Rule" shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 160 and Part 164, Subparts A and C.
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Packet Pg. 275 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 51 m. Unsecured PHI.
unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in relevant HHS guidance. n. Security Incident. "Security Incident" shall mean the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with systems operations in an
includes all incidents that constitute breaches of unsecured protected health information.
II. OBLIGATIONS AND ACTIVITES OF CONTRACTOR AS BUSINESS ASSOCIATE a. Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement or as required by law. b. Business Associate agrees to use appropriate safeguards to comply with Subpart C of 45 CFR part 164 with respect to EPHI and PHI, and to prevent the use or disclosure of the Protected Health Information other than as provided for by this Agreement. c. Business Associate agrees to make uses and disclosures requests for Protected Health Information consistent with minimum necessary policy and procedures. d. Business Associate may not use or disclose protected health information in a manner that would violate subpart E of 45 CFR part 164.504 if used or disclosed by Covered Entity. e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. f. Business Associate agrees to report to County any use or disclosure of Protected Health Information not authorized by this Agreement.
g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of County, agrees to adhere to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. h. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to provide access, at the request of County, and in the time and manner designated by County, to Protected Health Information in a Designated Record Set, to County or, as directed by County, to an Individual in order to meet the requirements under Section 164.524.
i. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the County directs or agrees to make pursuant to Section 164.526 at the request of County or an Individual, and in the time and manner designed by County.
j. Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of County, available to the County at the request of County or the Secretary, in a time and manner designated by the County or the Secretary, for purposes of the Secretary determining County's compliance with the Privacy Rule. k. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528.
l. Business Associate agrees to provide to County or an Individual in the time and manner designated by County, information collected in accordance with Section (k) of this Schedule, in order to permit County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528.
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Packet Pg. 276 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 52 m. Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI that Business Associate creates, receives, maintains, or transmits on behalf of County. n. Business Associate shall conform to generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information. o. Business Associate shall ensure that any agent to whom it provides EPHI, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect such EPHI.
p. Business Associate shall report to County any Security Incident within three (3) business days of becoming aware of such incident. Business Associate shall also facilitate breach notification(s) to the appropriate governing body (i.e. HHS, OCR, etc.) as required by law.
As appropriate and after consulting with County, Business Associate shall also notify affected individuals and the media of a qualifying breach. q. Business Associate understands that it is directly liable under the HIPAA rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of Protected Health Information that are not authorized by this Attachment, the underlying contract as or required by law.
III. PERMITTED USES AND DISCLOSURES BY CONTRACTOR AS BUSINESS
ASSOCIATE
Except as otherwise limited in this Schedule, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, County as specified in the Agreement; provided that such use or disclosure would not violate the Privacy Rule if done by County.
IV. OBLIGATIONS OF COUNTY
a. County shall provide Business Associate with the notice of privacy practices that County produces in accordance with Section 164.520, as well as any changes to such notice. b. County shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect Business Associate's permitted or required uses and disclosures. c. County shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that County has agreed to in accordance with Section 164.522.
V. PERMISSABLE REQUESTS BY COUNTY
County shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if so requested by County, unless the Business Associate will use or disclose Protected Health Information for, and if the Agreement provides for, data aggregation or management and administrative activities of Business Associate.
VI. DUTIES UPON TERMINATION OF AGREEMENT
a. Upon termination of the Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from County, or created, maintained, or received by Business Associate on behalf of County, that Business Associate still maintains in any form.
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Packet Pg. 277 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 53 This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information.
b. In the event that Business Associate determines that returning or destroying Protected Health Information is infeasible, Business Associate shall provide to County notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of the Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protection Health Information.
VII. MISCELLANEOUS
a. Regulatory References. A reference in this Schedule to a section in the HIPAA Privacy Rule means the section as in effect or as amended, and for which compliance is required. b. Amendment. The Parties agree to take such action as is necessary to amend this Schedule from time to time as is necessary for County to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191. c. Survival. The respective rights and obligations of Business Associate under this Schedule shall survive the termination of the Agreement.
d. Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a meaning that permits County to comply with the Privacy Rule.
e. Reservation of Right to Monitor Activities. County reserves the right to monitor the security policies and procedures of Business Associate.
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Packet Pg. 278 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 54 Attachment I
Fingerprinting Certification Form
DATE: July 1, 2021
AGREEMENT WITH: Peninsula Humane Society & SPCA
FOR: Peninsula Humane Society & SPCA
Contractor will require records of fingerprinting and background checks for program staff in sensitive positions including animal control officers, humane officers, and staff who treat animals with controlled drugs or perform euthanasia.
NAME: Anthony Tansimore
TITLE: President:Customer1
SIGNATURE:
DATE:
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Packet Pg. 279 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 55 Attachment J
Rabies Algorithm
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Packet Pg. 280 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 56 8.1.e
Packet Pg. 281 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 57 8.1.e
Packet Pg. 282 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 58 8.1.e
Packet Pg. 283 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 59 8.1.e
Packet Pg. 284 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 60 8.1.e
Packet Pg. 285 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 61 Attachment K
Animal Shelter Facility Use and Maintenance Agreement
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Packet Pg. 286 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Animal Shelter Facility
Use and Maintenance Agreement
Between
The County of San Mateo as County"
and
Peninsula Humane Society & SPCA as Contractor"
for
The Animal Shelter Facility
12 Airport Blvd, San Mateo CA 94401
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Packet Pg. 287 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 1 Section I. General Provisions
A. The purpose of this Animal Shelter Facility Maintenance Agreement ("Agreement") is to set forth the roles and responsibilities of the County of San Mateo (hereinafter "County," which includes employees, officers, and authorized representatives), acting through its San Mateo County Health Division of Public Health Policy & Planning ("PHPP"), and the County Public Works Department Facilities Maintenance, Operations and Building Services ("Facilities Services"); and the Peninsula Humane Society & SPCA (hereinafter "Contractor," which includes employees, officers, and authorized representatives) for Contractor's use, operation and management of the Animal Shelter Facility, located at 12 Airport Boulevard, in the incorporated area of the City of San Mateo, California ("Shelter").
B. The parties understand and agree that Contractor's use of the County-owned Shelter is pursuant to and contingent upon an active Service Agreement between Contractor and County for Contractor's animal control services to the County ("Animal Control Services Agreement"). Contractor may use and occupy the Shelter only for the purpose of providing animal control and sheltering services to the County and cities as set forth in the Animal Control Services Agreement and any additional activities as mutually agreed to by Parties. This Agreement shall terminate concurrently with the Animal Control Services Agreement.
If there is a material breach of this Agreement by Contractor, then this Agreement is subject to termination at the County's option if Contractor fails to cure the breach within sixty days (60) notice by County of such breach. However, if the breach Is causing continuing damage to the Shelter, County may take any steps necessary to immediately halt such damage, and if the breach is intentional or negligent, then Contractor shall be solely responsible for the cost and expense.
Upon expiration or termination of this Agreement and/or the Animal Control Service Agreement, Contactor shall be given 7 days to vacate the Shelter by removing all Contractor-owned and personal items and return the Shelter in a clean and orderly fashion, ordinary wear and tear excepted. Contractor will use best efforts to not disrupt any operations occurring at the shelter during this time C. This Agreement shall be in effect from the date last signed below and run concurrent with the Animal Services Agreement and any fully executed extensions. Upon termination of this Agreement, Contractor shall vacate the Shelter on the date of termination and return it to County in good condition, excepting normal wear and tear. Any damage to the Shelter caused by the negligent or intentional acts of Contractor shall be promptly repaired by Contractor at its sole expense and not out of Contract funds or other County funds.
D. The County acknowledges and agrees that the entirety of fees and costs related to Contractor's operation of the Shelter, and/or performance of this Agreement, shall be funded solely from the Contract Funds provided to Contractor from County under the
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Packet Pg. 288 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 2 Animal Control Services Agreement, except as otherwise provided herein. The County and Contractor acknowledge and agree that if the Contract Funds prove insufficient to meet the financial needs of maintaining the Shelter, and/or performing Contractor's maintenance and repair duties under this Agreement, the Contractor will not be responsible for the payment of any overage, unless caused by its negligent or intentional acts or omissions. If the Contractor anticipates costs that will exceed the Contract Funds, Contractor will use best efforts to provide County with notice as soon as it becomes aware of such potential overage, on a quarterly basis, and provide adequate documentation of the cause and amount of such anticipated coverage.
E. Indemnification and Insurance
1. Hold Harmless & Indemnification
(i) Contractor shall hold harmless and indemnify the County, and each participating city as listed in the Animal Shelter Service Agreement as third party beneficiaries, their officers, agents, and employees from all claims related to performance of this Agreement and/or use, operation, maintenance or repair of the Shelter by Contractor or its employees, contractors or agents including suits or actions of every name, kind and description, brought for, or on account of: (1) injuries to or death of any person, including but not limited to actions brought for (or on account of) injuries or death to County or Contractor's agents, officers or employees; (2) damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to damage to property of County or Contractor or its agents, officers, or employees; or any other loss or cost, resulting from the performance or nonperformance of any activities undertaken under this Agreement, and/or which result from the negligent or intentional acts or omissions of Contractor, its officers, agents or employees. This obligation shall survive the termination of this Agreement for any claims arising during its term.
(ii) The County shall hold harmless and indemnify Contractor, its officers, agents, and employees from all claims caused by the conduct of the County, or its agents, officers or employees, including but not limited to suits or actions of every name, kind and description, brought for, or on account of: (1) any and all claims related to the construction, and/or repair of the shelter by the County, whether such claims are based on performance or performance of an obligation, and whether such claims are based on conduct that happened before and/or after Contractor took possession of the Shelter; (2) injuries to or death of any person, including but not limited to actions brought for (or on account of) injuries or death to County's agents, officers or employees; (3) damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to damage to property of the County or its agents, officers, or employees;
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Packet Pg. 289 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 3 or any other loss or cost, resulting from the performance or nonperformance of any activities undertaken under this Agreement, and which result from the negligent or intentional acts or omissions of the County, its officers or employees. This obligation shall survive the termination of this Agreement.
(iii) In the event claims are brought against Contractor and County, the ultimate liability for damages, shall be apportioned according to the comparative fault of Contractor and County.
The duty of Contractor, and of the County, to relieve, indemnify, protect and hold harmless, as set forth hereinabove, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
2. Property Damage Coverage
All Risk Contractor at its cost shall maintain on the building and improvements that are a part of the Shelter a policy of all risk property, in the amount of the replacement value of the Shelter, its improvements and contents. The insurance policy shall be issued in the names of County and Contractor as their interests appear. The insurance policy shall provide that any proceeds shall be payable to County, excluding proceeds related to damage to equipment and supplies owned by Contractor.
3. Liability Insurance
Contractor at its cost shall maintain Comprehensive Liability insurance for the following coverages with the following limits Insuring against all liability of Contractor and its authorized representatives arising out of and in connection with Contractor's use or occupancy of the Premises:
(i) Shelter Premises Liability with a minimum limit of $1,000,000 Combined Single Limit (CSL) each occurrence; and
(ii) All Comprehensive Liability insurance shall insure performance by Contractor of the Hold Harmless and Indemnification Sub-section of this Agreement;
(iii) County shall be named as "additionally insured";
(iv) All required Insurance shall contain a Separation of Insureds or Severability of Interests provision; and
(v) The policy shall not be cancelled or non-renewed unless the County has received 30 days prior written notice. (Ten days prior notice in the event of cancellation for nonpayment of premium is acceptable.) Written notice shall be sent to:
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Packet Pg. 290 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 4 County of San Mateo
Attn: Animal Services
225 37th Ave.
San Mateo CA. 94403
4. Workers' Compensation and Employer's Liability Insurance During the entire term of this Agreement, Contractor shall have in effect Workers' Compensation coverage providing full statutory benefits and employer's liability.
In executing this Agreement, Contractor makes the following certification:
Contractor is aware of the provisions of Section 3700 of the California Labor Code, which require every employer (1) to be insured against liability for Workers' Compensation or (2) to undertake self-insurance in accordance with the provisions of the Code. Contractor will comply with such provisions.
5. Miscellaneous Insurance Provisions
Contractor shall pay the premiums for maintaining the insurance required hereinabove. All the insurance required under this Agreement shall:
(i) Be issued by insurance companies authorized to do business in the State of California, with a financial rating of at least an A- IV status as rated in the most recent edition of Best's Insurance Reports. Coverage provided by State Fund Insurance shall satisfy this requirement. (ii) Be issued as a primary policy.
(iii) Contain an endorsement requiring thirty (30) days' notice from the insurance company to both parties before cancellation or change in the coverage, scope, or amount of any policy.
(iv) County shall be named as "additionally insured" on each policy.
6. Certificate of Insurance
A certificate of insurance, together with evidence of payment of premium, shall be deposited with County at the commencement of this Agreement, and on renewal of the policy not less than twenty (20) days before expiration of each policy.
In the event Contractor fails to deliver the certificate of insurance verifying insurance coverage as required in this Section, County may declare a material breach and terminate the Agreement as provided herein or, at its option take out all or part of the required insurance and pay the premium thereon on behalf of Contractor.
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Packet Pg. 291 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 5 7. Force Majeure
(i) Neither party is responsible for any failure to perform or delay In performing its obligations under this contract, to the extent it is prevented or delayed in performing those obligations by an event of force majeure. (ii) Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party In performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract.
(iii) Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract. Where the party affected is the contractor, the contractor must provide, within 15 business day, a schedule for managing the Contractor's obligations under this Agreement to minimize the effects of the prevention or delay caused by the event of force majeure.
(iv) An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
(v) Definition. An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent, and includes but is not limited to such matters as:
a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
b) ionizing radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component;
c) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;
d) earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity;
e) regional health emergency due to government health
advisory(ies); and
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Packet Pg. 292 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 6 f) strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labor not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works but excluding any industrial dispute which Is specific to the performance of the works or this contract. g) Increased costs incurred by Contractor in the provision of services under this Agreement, shall not In itself be considered an event of force majeure even if such increased costs are the result of such an event.
Section II. Contract Information
To better coordinate all services, Facilities Services has established the Facilities Customer Service Center (FCSC). The FCSC provides a single point of contact for customers and dispatch of staff and should be the primary resource for departmental or Contractor's Maintenance Coordinators and others responsible for requesting maintenance services. The FCSC is staffed during normal business hours and can be reached at 363-4444.
For management issues and/or to discuss specific activities or projects, the overall coordinator of this Agreement and the main point of contact is Gary Behrens, Facilities Services Manager, 363-1875.
For custodial issues specifically, contact Duane Minor, Building Services Manager, 363-4445.
The supervisor for each area or function will manage day-to-day activities:
1. Win Maung, 599-1300 ([email protected]). Operation and maintenance of facility systems and equipment for County owned buildings at the Government Center, Redwood City.
2. Thomas Sipp, 312-5257 ([email protected]). Operation and maintenance of facility systems and equipment for County owned and leased buildings in outlying areas.
3. Patrick Oliver, Crafts Supervisor, 363-1877 ([email protected]). Repair, maintenance, and safety/regulation required upgrades related to carpentry, painting, and locksmith services for all County facilities.
4. Jose Villalobos or Mark LaGrone, 363-1951 ([email protected] & [email protected]). Custodial, parking lot, loading dock, and room set-up services for all County Center facilities.
Facilities Services is responsible for updating and maintaining this list with current contact information.
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Packet Pg. 293 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 7 Section III. Baseline Services
The baseline services outlined below are to be paid for by Contractor solely with funds provided to Contractor under the Animal Control Services Agreement the provided ("Contract Funds") (see Section VII for current charges). If these fees exceed the Contract Funds, the financial obligations shall be resolved in accordance with Section I.D., supra.
A. General Shelter Facility
1. Preventive Maintenance and Routine Repairs
Facilities Services will responsible for performing regular repair and maintenance on the Shelter, including all parts, material and labor. Facilities Services will make, or schedule repairs as determined by the County to be needed, or pursuant to a reasonable request by Contractor, with 24 hours advance notice to Contractor if possible, by phone or email. Repairs and maintenance include, but are not limited to, any and all work on the following areas of the Shelter:
i. Structural portions of buildings (roof, gutters, doors, skylights windows, flooring)
ii. Solar panels and carports
iii. Repair and maintenance to the building mechanical systems including heating, ventilation & air conditioning system (HVAC), electrical distribution and lighting
iv. Repairs of electrical systems (except for light fixtures) v. Exterior painting (with exception of any touch-up exterior painting) vi. Interior painting of common areas in County standard colors (entrances, lobbies, restrooms, main hallways)
vii. All major plumbing issues shall be maintained by Facilities Services; however, toilet fixtures and sink clogs shall be the responsibility of the Contractor. If any damage is caused by Contractor's, or a vendor of Contractor's, intentional or negligent acts, Contractor shall be responsible for the cost of repair, not out of Contract Funds. County shall not be considered a vendor for the purposes of this Agreement. viii. Preventative maintenance of the fire alarm system ix. Generators and emergency power systems
x. All warranty work related to the new construction. Facilities Services to communicate to Contractor which items are under warranty. xi. Facilities Services staff will perform quarterly facility inspections to identify the condition of the various systems and structure and will identify necessary repairs or maintenance to be performed to keep the facility in proper condition. Facilities Services and other County staff or officials may inspect the condition of the Shelter Facility at any time during working hours. In order to limit the impact to Contractor operations, County shall provide Contractor with at least 24 hours'
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Packet Pg. 294 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 8 notice of the intended inspection, which notice may be provided by email.
2. Contractor Obligation to Notify of Needed Repairs or Maintenance Contractor shall promptly notify Facilities Services of any necessary repairs or maintenance that could impact the long-term condition of the Shelter, or the provision of animal control and animal care services to the County.
3. Emergency Repairs
Facilities Services will assure response in all critical situations within 2 hours of receiving actual notice, making immediate temporary repairs when required for safety or security reasons. Examples of such situations include but are not limited to:
(i) Broken windows, doors and locks
(ii) Air conditioning in computer server rooms and other sensitive areas (iii) Interruption of electrical service
(iv) Broken pipes and clogged plumbing (Contractor shall try to clear clogs In toilet or drain prior to calling Facilities Services)
(v) Leaking roofs
(vi) Damage resulting from natural disasters
(vii) Other situations which Contractor or County reasonably determines compromises the immediate health or well-being of the animals, the staff, volunteers or visiting public.
4. Process by which Contractor addresses Repairs/Service Needed on an Emergency Basis
(i) Upon becoming aware of a situation, Contractor shall immediately notify Facilities Services of any repairs or maintenance needed to address items that could cause immediate damage or injury to the Shelter, or to persons working or animals being cared for therein, including but not limited to plumbing/water leaks, roof leaks, or fire or other hazards. (ii) Should an urgent situation arise in which Facilities Services is unable to respond within 2 hours to a major system failure which has the potential for immediate and serious health or safety impacts to animals, staff/volunteers, employees, or the public, and/or the continued operation of essential animal control and sheltering programs and which cannot be otherwise managed or contained, Contractor may retain the services of a reputable repair person to address the issue, after notifying Facilities Services.
(iii) Contractor shall notify Facilities Services and PHPP within 2 hours of its decision and reasoning to take such actions. Contractor will provide Facilities Services with the key points of how the issue is being addressed. If possible, Contractor will arrange for a temporary solution so that Facilities Services can complete the full work once they are available.
Contractor will use Contract Funds if Contractor incurs expenses due to
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Packet Pg. 295 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 9 an emergency repair as outlined in this subsection, unless caused by the intentional or negligent acts or omissions of Contractor, or its vendors, in which case Contractor shall be responsible for these expenses not using Contract Funds.
(iv) Contractor must comply with any prevailing wage requirements of state law as applicable for any construction or repair it undertakes not performed by Facilities Services.
5. Utilities
(i) Contractor is responsible for furnishing and paying for all utilities for the Shelter, including gas, water, electricity, sewer, telephone/internet and garbage service. All utility services shall be paid from the provided Contract Funds.
(ii) Contractor shall maintain all records pertaining to all repair, replacement, maintenance utility and other services provided under this Agreement for a period of four years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by the County, a Federal granter agency, and the State of California.
6. Signage
(i) Facilities Services will provide directional signs for parking lots and building lobbies.
(ii) Contractor will have input on suitability of all signage installed by County.
PHS will not install signage without approval of County.
7. Pest Control
Contractor will use best efforts to maintain the Shelter pest- free.
Contractor (PHS) will enter into, pay the costs of, and monitor a recurring and scheduled contract for pest control services in and around the Shelter, and on an as needed basis. The contract shall cover control of all types of pests, including termites and all types of insects, rodents and other and vermin. Costs will be paid from Contract Funds. The pest control invoices/reports will be made available to County upon request.
8. Disaster Response
In the event of a natural disaster such as a major earthquake, Facilities Services staff are trained and prepared to respond to and secure building systems. County shall not be responsible or liable for any damages to Contractor or any third party for injuries or damages caused by a natural disaster or any injuries or damage to any person or property belonging to any person, or interruptions of any operations of Contractor, as a result of a natural disaster.
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Packet Pg. 296 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 10 9. Skilled Craft Services
i. Carpentry
Facility Services carpenters will perform maintenance and repairs as needed as determined by the County Facilities Services, or upon reasonable request by Contractor, and approval by County on roofs, doors, windows, water damaged areas and hard surface floors in common areas. Facilities Services will also patch and repair chips and holes in walls. Other carpentry services are available on a fee for services basis {see Section IV).
ii. Lock Work
Locksmith services provided under baseline services Include the repair or replacement of broken building locksets (excluding Contractor property such as file cabinets and desk), repair or adjustment of improperly working door closers; providing duplicate keys with proper authorization; re-keying locks for security reasons as determined necessary by Facilities Services; replacing worn or outdated locksets; and any work required because of new codes and regulations, as determined by Facilities Services. Keys for or repairs to County property, including but not limited to desks, file cabinets, and vehicles are beyond the facility service charge and will be repaired by the contractor using funding from the animal control services Contract Funds.
10. Grounds Services
i. Landscaping
Facilities Services is responsible for providing and monitoring the landscaping services for the Shelter. Under this contract, and as determined necessary or desirable by Facilities Maintenance, the landscaping crews will install and maintain irrigation systems; propagate and plant appropriate species; prune, trim, fertilize, now, and provide all other care and maintenance for plants, shrubs, trees, turf, and lawns.
11. Custodial and Janitorial Services
Contractor shall maintain all interior and exterior areas of the Shelter and grounds in a clean and sanitary condition. Contractor may provide this service through its staff or shall retain a reputable vendor to provide janitorial and custodial services at a reasonable cost and as needed to fulfill its responsibility to maintain the Shelter in a clean and sanitary condition.
Facilities Services will provide no Custodial or Janitorial for the shelter.
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Packet Pg. 297 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 11 Section IV. Additional Services
Services requested by Contractor and not outlined in Section Ill are considered "additional services," and shall not be provided unless approved by the Directors of County Health and Department of Public Works. If approved, services listed below will be scheduled upon receipt of a work request from County Health, and the associated costs will be invoiced to the Contractor.
Contractor will use Contract Funds to pay the invoice within 30 calendar days from date of mailing or emailing; if not timely paid, County will deduct the past due amount from Contractor's next monthly payment. The majority of these services are provided under the administration of the Construction Services Section (CSS) located at 30 Tower Road, San Mateo. Requests for services and cost estimates should be routed through San Mateo County Health System (Animal Control Manager). Contractor shall in no circumstance alter any part of the Shelter structure or install any fixture, without prior written County approval from the Directors of the San Mateo County Health and Department of Public Works.
A. Carpentry
New:
Floor coverings
Commercial fixtures
Acoustical ceilings
Doors/windows
Soundproofing and insulation
Air conditioning units
Restroom partitions and fixtures tile work
Concrete slabs and retaining walls
Building and/or custom fabrication:
Storage structures
Security gates, windows, etc.
Custom cabinets and casework
Custom shelves, reception counters, etc.
Wall framing and drywall
Custom racks, bins, etc., for delivery vehicles
B. Electrical
Install additional electrical circuits and outlets
Upgrade and install new workplace lighting
Install Pleione electrical whips
Install and maintain security alarm systems
Set up temporary power for events.
C. Lock Work
Lock drilling (when keys are lost or locked inside, contact FM&O)
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Packet Pg. 298 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 12 New installation (result of new construction or remodeling) D. Other
Directional signs for departmental areas
General construction site cleanup
Need for county approval for any fixtures, repairs, remodeling or construction at the Shelter. Any of the above items as well as any new fixtures, construction, repairs or remodel (to include altering of the building or grounds in any way) may not be undertaken without the express, prior written permission of the Director of San Mateo County Health or designee, and the Director of the Department of Public Works, or designee, except as otherwise provided under this Agreement.
If Contractor performs any construction work, remodeling or repairs, or attaches any fixtures to Shelter or other county-property without such written permission, or changes the grounds in any manner, Contractor must promptly return the Shelter building, property or grounds to its original condition at its own expense and not using Animal Control Services Contract Funds or any other County funding, except as otherwise provided under this Agreement.
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Packet Pg. 299 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 13 Section V. Excluded Services
A. This Agreement does not include any of the following which will be Contractor responsibility:
Contractor shall be solely responsible for maintaining the below items. Money for all repairs and costs will come from the Contract Funds. Any such items undertaken by Contractor shall be documented and all invoices for any such work, shall be kept and provided to County on a quarterly basis. For major equipment owned by the County (as listed In subsection (d) below, and any similar equipment), Contractor shall use a reputable, qualified, and licensed contractor or vendor, and may not use its own employees or volunteers for such work without County approval. If employees or volunteers are used for work, no additional County funds shall be used for such labor, except those funds otherwise used to pay the employee's regular salary.
Contractor agrees that all major equipment owned by the County (as listed In subsection (d) below, and any similar equipment) will be serviced by a qualified vendor.
1. Light bulb replacement to include lamps and ballast
2. Plumbing clogs: Contractor will first attempt to unclog and if unsuccessful will submit a request to Facilities Services for repair. (Contractor may not hire a service to attempt to unclog pipes.)
3. Equipment maintenance and repair as follows:
Washers/dryers
Kennel cleaning equipment
Safes, lock boxes
Clippers
Surgical tables
Audio visual equipment camera, security and intrusion alarms Computers/printers/scanners etc. and phone system
Cash Registers/credit card machines, fax machine etc.
Any other specialty equipment for animal sheltering
Refrigerators
4. These items must be repaired by a qualified vendor
X-ray equipment
Anesthetic machine
Surgical lights
Auto clave
5. Kennel fencing repairs, to include the replacement of mud flaps or guillotine doors, door latches etc. (if CMU needs repair, the Contractor will submit a repair request to the Manager of Animal Control and Licensing for approval prior to contacting Facilities Services)
6. General:
Repair office furniture
Anchor files and shelving
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Packet Pg. 300 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 14 Hang pictures and bulletin boards; however, Contractor shall take care not to damage County property in its placement and installation of these or any other items attached to walls or ceilings
7. Intercom systems
8. Installation of new animal shelter equipment that is not attached to the structure.
9. Replacement of any equipment purchased by the Contractor for use in animal sheltering or animal control operations: Contractor shall not replace equipment to be paid for by Contract Funds without prior approval from County of equipment to be replaced and cost if cost exceeds $5,000 per individual item. If the need to replace such equipment is due to Contractor misuse or negligence, as distinct from wear related to appropriate use, Contractor shall replace such equipment from its own funds not Contract Funds, or any other County funds. Funds for approved replacement equipment not misused or damaged by Contractor are to come from Contract Funds. Any equipment or items purchased with Contract Funds or other County funds Is property of the County. Contractor shall use Contract Funds for purchase of equipment or vehicles to be used at the Shelter for providing services, which equipment. and vehicles shall be County owned.
10. Paint offices, conference rooms and staff bathrooms.
11. Keep the landscaped areas, walkways and patios, adjacent sidewalks, and other common areas In and around the County facility clean and in good repair
12. Sweep the entrances to County facility as needed and will keep glass doors clean
13. Contractor is solely responsible for custodial and pest control at the shelter.
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Packet Pg. 301 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 15 Section VI. Additional Responsibilities
A. Facilities Services Responsibilities
1. For routine maintenance of systems, Facilities Services will (i) Provide the Contractor with advance schedule to the extent practicable (ii) Provide Contractor no less than 24 hours' notice when that maintenance is to occur (allowing Contractor to weigh in as to whether or not the scheduled maintenance will interfere with operation and if it will interfere Contractor will give alternate dates within a reasonable time frame when the repair/service can be completed.)
(iii) Provide Contractor with acknowledgement that the service has in fact occurred and any unusual findings related to that service. This notification will be done by a service request confirmation.
2. For other than routine scheduled maintenance
(i) Contractor will notify Facilities Services of needed repair/service without delay via phone, fax, or email to the DPW call center. Contractor shall be responsible for any damage to the Shelter, its contents or any person caused by its failure to timely notify the County of needed emergency repairs of conditions that threaten the structure or its contents or the health or safety of occupants or the public.
(ii) Facilities Services will notify Contractor within 24 hours of its anticipated investigation of requested repair (if the matter is something that can be addressed at the time of investigation, Facilities Services to adhere to steps which follow):
a) Notify the Contractor's Maintenance Coordinator at least 24 hours in advance of any scheduled maintenance activity that may affect the Contractor's normal working operation (noise, dust, odors, interruption of water or electrical service, etc.).
b) Facilities Services to notify contractor of findings of the investigation and its plan to address (and except for the case of emergency repairs, allowing Contractor to weigh in if the scheduled repairs will interfere with its operation)
c) Critical or emergent work will be completed at time of investigation.
d) Facilities Services to notify Contractor promptly upon completion of the repair. Notification will be given by service request confirmation of close out.
e) Contractor will notify Facilities Services of its review of the repair once completed.
f) All communication between Contractor and Facilities Services will be copied to PHPP.
g) Facilities Services will leave the work areas safe and clean of any debris caused by the repairs upon completion of the task.
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Packet Pg. 302 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 16 h) Facilities Services and Contractor will comply with all state and federal laws and regulations regarding the handling and disposal of materials and waste products associated with the normal operations of the facility or its maintenance that could impact public safety and the environment.
i) Facilities Services will research and/or recommend special materials, devices, or services if it deems this appropriate and if desired by Contractor
j) Facilities Services will make appropriate referrals as It deems necessary or appropriate for work outside the scope of baseline maintenance services
k) Facilities Services will coordinate with Risk Management, Environmental Health, Sheriff's Office, local fire departments, and/or other regulatory and health and safety agencies as it deems necessary for issues related to building safety and inspection.
B. Contractor is to:
1. Designate a Maintenance Coordinator(s) to be the primary point of contact for Facilities Services Issues.
2. Provide accurate and full details of services requested
3. Report mechanical malfunctions or other needed repairs to Facilities Services promptly and complete necessary services request form(s).
4. Encourage all employees to be energy conscious.
environment as well as keeping your costs down.
C. The parties acknowledge that County will be making an inventory and tagging all equipment and vehicles that are County owned or purchased using any Contract Funds. Contractor agrees to use best efforts to assist and cooperate with County in making its inventory of equipment and vehicles which are owned by County in whole or in part. As part of this effort to assist the County in making its inventory, Contractor shall maintain and provide to County, within thirty days of signing this Agreement, a current inventory of all equipment previously paid for with non-Contract Funds owned by Contractor or paid for in part with non- Contract Funds, used at the shelter and having a current fair market value of $1,000 or more.
D. In event of termination or expiration of this Agreement, the County shall have the option to purchase any equipment or vehicle that has been paid for in part out of non-County Funds by paying to Contractor the depreciated value of Contractor's share of the equipment. In the event County opts not to purchase this equipment or vehicle, Contractor shall pay to County the depreciated value of its share of the equipment or vehicle.
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Packet Pg. 303 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 17 Section VII. Service Level Costs
A. Invoicing/payment of Facilities Maintenance Work
1. As it relates to repairs/service which fall under the Contractor's responsibilities, Contractor will manage this work within the Contract Funds provided for under the Animal Control Services Agreement and provide open book accounting for all work contracted to outside vendors and provide copies of invoices and a quarterly report of all expenditures 'As it relates to repairs/service which fall under Facilities Services responsibilities, Facilities Services will send an invoice to the County Health system who in turn will send invoice to the Contractor of the amount and Contractor will pay within 30 calendar days from date of mailing. If invoice is not timely paid, County will deduct the past due amount from Contractor's next monthly payment.
2. As it relates to repairs/service which fall under Facilities Services responsibilities but for which Facilities Services cannot respond in a timely manner and which are, as a result, managed by Contractor under the conditions provided herein, Contractor will pay the invoice using Contract Funds that it receives pursuant to the Animal Control Services Agreement, and promptly send a copy of such invoice to the County Animal Control Program Manager, Care of County Health, Public Health, Policy and Planning Division.
B. Additional services;
1. Costs associated with additional services as outlined in Section IV are based on the actual costs of each service as performed and are charged to the Contractor by invoice from Facilities Services. Each service will have a cost per unit time or occurrence.
(i) For work performed by Facilities Services staff, labor rates are hourly based on classification and include overhead. Materials and supplies are billed at their actual cost.
(ii) For work that must be contracted out, Facilities Services will request estimates from qualified and reputable companies and award the job to the low bidder. Contractor will be billed for the actual cost of the work.
Facilities Services will send an invoice to the County Health system who in turn will send invoice to the Contractor of the amount and Contractor will pay within 30 calendar days. If invoice is not timely paid, County will payment.
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Packet Pg. 304 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 18 Section VIII. Billing Procedures and Tracking Information A. Tracking Information
1. Because a large percentage of work performed by Facilities Services is associated with building systems and structures, baseline services are tracked by building rather than by individual department. Facilities Services staff will record labor and material costs for each activity performed in a building, and these costs are then reflected in the report sent quarterly to the Contractor and the Animal Control Manager, San Mateo County Health. Contractor will be charged for services rendered on an ongoing basis and not based on a predetermined amount.
2. The cost for additional services is tracked by work authorization. Prior to receiving a service, the Contractor will set aside a dollar amount equal to the estimated cost for that service. As services are rendered and costs are incurred, the invoices will be sent to County Health System Animal Control Manager and then to the Contractor. The cost will be taken out of animal control Contract Funds by the Contractor, who will pay the invoice within 30 calendar days or the County will deduct the overdue amount from Contractor's next payment.
3. If there ls a dispute raised by Contractor, within three business days of receipt of the Invoice, regarding the accuracy of charges in an invoice, the parties shall use best efforts to resolve the dispute expeditiously. If while using best efforts, the parties have not resolved the dispute within 30 calendar days, Contractor shall not be in breach if the parties agree that they are working in good faith to resolve the dispute.
B. Building Manuals, Drawings, Training
In preparation for this, Contractor is to receive copies of all warranties, as-builts, operating and maintenance materials, and is to participate in all trainings provided by the Shelter's general contractor to DPW for the systems that Contractor will be maintaining. The intent is to have Contractor be informed as much as possible to more efficiently assist DPW in its role as well as manage its own responsibilities.
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Packet Pg. 305 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 19 THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO WORK WILL COMMENCE
UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE COUNTY PURCHASING AGENT OR AUTHORIZED DESIGNEE.
For Peninsula Humane Society & SPCA:
_____________________________
Contractor Signature
_______________
Date
Anthony Tansimore
President
For County:
______________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
______________
Date
Cassius Lockett, PhD.
Director of Public Health, Policy and Planning
County of San Mateo
______________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
______________
Date
Gary Behrens
Facilities Services Manager
County of San Mateo
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Packet Pg. 306 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 2 Attachment L
Peninsula Humane Society Holidays
New Year’s Day
Martin Luther King Jr. Day
President’s Day
Easter
Memorial Day
July 4th
Labor Day
Veteran’s Day
Thanksgiving Day
Christmas Day
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Packet Pg. 307 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 3 Attachment M
County-Owned Radio Equipment
4 - Motorola APX 7000 Handheld Radios
17 - Motorola APX 4000 Handheld Radios
1 - Motorola MCD 5000 Deskset
1 - Motorola APX 7500 Radio installed in vehicle
13 - Motorola APX 6500 Radios installed in vehicles
1 - Antenna mounted on roof of County Shelter
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Packet Pg. 308 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Template Version November 16, 2016
Agreement No. __________________________
AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND PETDATA, INC.
This Agreement is entered into this Fourth day of June, 2019, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called “County,” and PETDATA, INC., hereinafter called “Contractor.”
* * *
Whereas, pursuant to Section 31000 of the California Government Code, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof; and
Whereas, it is necessary and desirable that Contractor be retained for the purpose of San Mateo County Health- Public Health, Policy & Planning.
Now, therefore, it is agreed by the parties to this Agreement as follows:
1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:
Exhibit A—Services
Exhibit B—Payments and Rates
Attachment I—§ 504 Compliance
Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.
2. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County’s total fiscal obligation under this Agreement exceed SIX HUNDRED-THIRTEEN THOUSAND NINE HUNDRED AND FORTY FIVE DOLLARS ($613,945). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.
3. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2019, through June 30, 2022.
4. Termination
This Agreement may be terminated by Contractor or by the Director of Public Health, Policy and Planning or his/her designee at any time without a requirement of good cause upon thirty (30) days’ advance
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Packet Pg. 309 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 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;
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Packet Pg. 310 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 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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Packet Pg. 311 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Template Version November 16, 2016
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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Packet Pg. 312 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Template Version November 16, 2016
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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Packet Pg. 313 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Template Version November 16, 2016
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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Packet Pg. 314 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Template Version November 16, 2016
(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: 225-37th Avenue, Room 178
San Mateo, CA 94403
Telephone: 650.573.2532
Facsimile: 650.573.2788
Email: [email protected]
8.1.e
Packet Pg. 315 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Template Version November 16, 2016
In the case of Contractor, to:
Name/Title: President, PetData, Inc.
Address: 8585 N Stemmons Fwy, Suite 1100-N
Dallas, TX 75247
Telephone: 214.821.3100 x515
Facsimile: 214.821.3106
Email: [email protected]
17. Electronic Signature
Both County and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and County’s Electronic Signature Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.
18. Payment of Permits/Licenses
Contractor bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Contractor’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.
* * *
8.1.e
Packet Pg. 316 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Template Version November 16, 2016
In witness of and in agreement with this Agreement's terms, the parties, by their duly authorized representatives, affix their respective signatures:
For Contractor: PETDATA, INC.
L ti,,.;,(./- DA bu A ' {{. ,'e,.h,t/
Contractor NamJ (please print)
COUNTY OF SAN MATEO
By:
President, Board of Supervisors, San Mateo County
Resolution No. 076668
Date: 6/4/19
ATTEST:
By:
Clerk of Said Board
Tcmpfatt! V(•tsior, Nwe:mb~r 16, 2016
8.1.e
Packet Pg. 317 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Template Version November 16, 2016
Exhibit A
In consideration of the payments set forth in Exhibit B and with a focus on increasing licensing and vaccination compliance throughout the County of San Mateo, Contractor shall provide the following services:
A. Management of the daily operations for animal licensing including:
1. Data Entry & Processing
a. Process correspondence from pet owners including, but not limited to, issuing tags.
b. Work in partnership with the County on an approved template to provide timely billing and renewal notices to pet owners, with at least one billing to both new and renewals to be printed on an 8.5x11 sheet of paper with a return envelope enclosed. In addition, at least one of the notices will provide pet owner with the date in which the late fee became due.
c. Provide data entry of both new and renewal licenses and vaccination information. d. Implement procedures for verification of information submitted. e. Ensure complete, unduplicated, and accurate information. f. Process, collect, and provide receipts for animal licensing fees. g. Provide licensing and vaccination data for a weekly transfer of data from the Contractor’s database into County’s proprietary database. h. Provide customer service including communication with citizens, veterinarians, and designated County staff.
2. Veterinarians & Other Authorized Registrars
a. Process license sales and vaccination reports from other sources (i.e. the local animal shelter, veterinary clinics, pet stores, etc.)
b. Assist County staff to ensure reasonable quantities of on-site of basic supplies (reporting forms, citizen mailing envelopes, etc.) necessary to sell license tags and/or report information on citizens vaccinating their animals against rabies.
3. Animal License Tags
a. Process and mail county-provided license tags within a maximum of 10 business days, with a turnaround goal of 5 business days, after receipt of payment and completed information as required by the local ordinance. b. Issue county-provided replacement tags to pet owners whose license tags have been lost, stolen, or damaged.
4. Electronic Payments & Banking
a. Provide the ability for pet owners to pay through the Contractor’s Merchant Service Provider.
b. Provide on-line customer service via the Contractor’s website to allow pet owners to make license payments or donations.
c. Deposit all receipts collected for licensing into a bank account set up solely for the purpose of managing County animal licensing funds.
i. Make daily deposits and transmit verification of said deposits to designated County staff by the tenth of the following month.
ii. Collect and report electronic and charge card payments and transmit verification of said deposits to designated County staff by the tenth of the following month.
iii. Send all funds collected and deposited on behalf of the County via a monthly wire transfer by the tenth of the following month.
8.1.e
Packet Pg. 318 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Template Version November 16, 2016
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.
8.1.e
Packet Pg. 319 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Template Version November 16, 2016
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.
8.1.e
Packet Pg. 320 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Template Version November 16, 2016
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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Packet Pg. 321 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement Template Version November 16, 2016
Contractor shall invoice County on a monthly basis for the actual cost of the bank account maintained for the purpose of this contract.
E. At the discretion of the Director of Public Health, Policy & Planning or designee, an annual conference call may be scheduled between the Contractor and County. Contractor’s time and/or related expenses are not billable.
F. At the discretion of the Director of Public Health, Policy & Planning or designee, a meeting at the County’s location may be scheduled between the Contractor and County once during the term of this contract. Contractor’s travel time to and from the County and/or related expenses are not billable.
G. If County or Contractor finds that performance is inadequate, at the County’s discretion, a meeting may be called to discuss the causes for the performance problem, and this Agreement may be renegotiated, allowed to continue to end of term, or terminated pursuant to Paragraph 4 of this Agreement. Any unspent monies due to performance failure may reduce the following year’s agreement, if any.
H. In the event this Agreement is terminated prior to June 30, 2022, Contractor shall be paid for services already provided pursuant to this Agreement.
I. In the event this Agreement is extended or renewed after June 30, 2022 and the County does not issue a Request for Proposal, Contractor agrees to continue the fixed fees as shown below:
One-year license: $4.28 per license
Multi-year license: $4.28 for the first year and $2.00 for each additional year Late fees collected: $2.50 collection service fee for each license Replacement tags: $4.28 per tag
Service animals (e.g. seeing-eye dogs, hearing dogs, etc.): No fee for any license or tag issued
8.1.e
Packet Pg. 322 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 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.
8.1.e
Packet Pg. 323 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement 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
8.1.e
Packet Pg. 324 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement
ATTACHMENT A
MEMORANDUM OF AGREEMENT
REGARDING FUNDING FOR CONSTRUCTION OF AN ANIMAL CARE SHELTER ON
AIRPORT BOULEY ARD IN SAN MATEO, CALIFORNIA, AMONG THE CITIES OF
ATHERTON, BELMONT, BRISBANE, BURLINGAME, COLMA, DALY CITY, EAST
PALO AL TO, FOSTER CITY, HALF MOON BAY, HILLSBOROUGH, MENLO PARK,
MILLBRAE, PACIFICA, PORTOLA VALLEY, REDWOOD CITY, SAN BRUNO, SAN
CARLOS, SAN MATEO, SOUTH SAN FRANCISCO, AND WOODSIDE AND THE
COUNTY OF SAN MATEO
THIS MEMORANDUM OF AGREEMENT, dated for reference as of September 9, 2014, (the "Agreement"), is by and among the COUNTY OF SAN MATEO (the "County"), and the cities of ATHERTON, BELMONT, BRISBANE, BURLINGAME, COLMA, DALY CITY, EAST
PALO ALTO, FOSTER CITY, HALF MOON BAY, HILLSBOROUGH, MENLO PARK,
MILLBRAE, PACIFICA, PORTOLA VALLEY, REDWOOD CITY, SAN BRUNO, SAN CARLOS, SAN MATEO, SOUTH SAN FRANCISCO, AND WOODSIDE (each, a "City," and collectively, the "Cities," and, together with the County, the "Parties").
RECITALS
The County and the Cities are parties to an Agreement for Animal Control Services dated as of April 26, 2011, pursuant to which the County provides animal control services in the unincorporated area of the County, as well as in the jurisdictional boundaries of the twenty Cities within the County, listed above, each of which is a party to the Agreement for Animal Control Services.
As set forth in the Agreement for Animal Control Services, the Peninsula Humane Society & SPCA ("PHS") presently serves as the County Contractor for the provision of certain animal control services to the County and the Cities. These services and the terms of PHS' performance of them are contained in an Animal Control Services Agreement between the County and PHS dated as of April 26, 2011.
In conjunction with and pursuant to the Animal Control Services Agreement, the County has leased to the PHS the land at 12 Airport Boulevard, in San Mateo, California, on which an Animal Care Shelter facility owned and operated by PHS is presently located.
The Parties agree that, owing to the obsolescence of the existing Animal Care Shelter facility, it is now necessary to construct a new facility and the Parties enter into this Agreement to set forth
8.1.e
Packet Pg. 325 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement the allocation of, and process for payment of, the construction cost for the new Animal Care Shelter facility among the Parties.
NOW, THEREFORE, the Parties agree as follows:
1. Construction Cost Allocation Methodology: The Parties agree that construction costs for the new Animal Care Shelter facility shall be allocated among the Parties based on the formula set forth in Exhibit A to this Agreement, which is incorporated herein by reference. This formula reflects each Party's actual use of the existing Animal Care Shelter facility in 2009, 2010, and 2011 as a percentage of all Parties' total use of the facility, as well as each Party's total population as of 2010, as a percentage of the County's total population as of that date. The formula is weighted 80% to a City's average facility use over the three years preceding the year in question and 20% to population. The Parties agree that each year, the County shall recalculate three year average facility usage for each City and that Exhibit A (and each Party's prospective Lease Payment obligations, as described in Section 3 of this Agreement) shall be amended to reflect such recalculations. The Parties further agree that the County shall, upon request of a City, promptly provide the requesting City with copies of the data and documents used to calculate each City's facilities usage.
2. County Advancing Construction Costs: The Parties agree that the County shall advance, on an interest free basis, all funds required to pay the construction costs for the new Animal Care Shelter facility. For purposes of this Agreement, "construction costs" include all expenses for architectural and inspector services, project management service, environmental review, planning and building fees and costs, and actual contractor construction services. The Parties understand and agree that construction costs for the Animal Care Shelter facility are anticipated at this time to be twenty million two hundred thousand dollars ($20,200,000). The Parties will be provided with further information regarding the construction costs for the Animal Care Shelter facility within a reasonable period of time after such information becomes available or prior to the Certificate of Occupancy being issued. The Parties agree that if the County receives information indicating that the construction costs for the Animal Care Shelter facility will exceed $20,200,000 by 10% or more, the County shall provide notice to each City of the revised estimated construction costs within a reasonable period of time before such additional construction costs are incurred. The Parties further agree that the County shall, upon request of a City, promptly confer with such City or Cities regarding the additional construction costs and any means by which such additional construction costs may be minimized.
3. Parties' Payment of Proportional Share of Construction Costs: Each Party agrees that, during the term of this Agreement for as long as the new Animal Care Shelter facility is occupied and used for animal care shelter purposes, the Party shall pay the County an annual Lease Payment beginning on the first July 1st after a certificate of occupancy is issued for the new Animal Care Shelter facility, and on each subsequent July 1st for the next twenty nine years thereafter. Each Party's Lease Payment shall be equal to the Party's proportional share of the construction cost of the new Animal Care Shelter facility amortized on a straight line basis over thirty years, as set
8.1.e
Packet Pg. 326 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement forth in Exhibit A to this Agreement, as Exhibit A may be amended from time to time as provided in Section 1 of this Agreement. Each Party's obligation to make a Lease Payment shall remain in place only for so long as the Party is a signatory to the Agreement for Animal Control Services, or any successor agreement addressing materially the same subject matter. In the event that a Party terminates its participation in this Agreement pursuant to Section 4 of this Agreement, the County shall, upon receiving notice of that Party's termination, recalculate the remaining Parties' Lease Payment obligations pursuant to the Construction Cost Allocation Methodology set forth in Section 1 of this Agreement. The County shall promptly provide all remaining Parties with notice of their recalculated Lease Payment obligations. Each remaining Party shall thereafter have the option to either (a) pay the recalculated increased annual Lease Payments during the remaining term of the Agreement; or (b) request that the County allow the remaining Party a period of up to 5 years after the end of the thirty year period set forth in this Section 3 of the Agreement to pay the County the remaining Party's additional allocated share of construction costs for the Animal Care Facility attributable to the departure of the terminating Party.
4. Term and Termination: Except as set forth above, this Agreement shall be effective for the period from September 9, 2014 until each Party has made the last payment required under Section 3 of this Agreement. Except as set forth in Section 3 of the Agreement (i.e., by terminating participation in the Agreement for Animal Control Services), no Party may terminate this Agreement during its term. A Party terminating its participation in this Agreement shall do so effective as of December 31 of a year during the term of this Agreement and shall provide each other Party to this Agreement with at least one full year's prior written notice of the Party's intent to terminate its participation in the Agreement.
5. Amendments/Entire Agreement: Amendments to this Agreement must be in writing and approved by the governing body of each Party. This is the entire agreement among the parties with respect to the construction of the new Animal Care Shelter facility and it supersedes any prior written or oral agreements with respect to the subject.
6. Hold Harmless: Each City shall hold harmless, indemnify, and defend County, its officers, employees, and agents from and against any and all claims, suits, or actions of every kind brought for or on account of injuries to or death of any person or damage to any property of any kind whatsoever and to whomsoever belonging which arise out of the performance or nonperformance of City's covenants and obligations under this Agreement and which result from the actively negligent or wrongful acts of City or its officers, employees, or agents.
County shall hold harmless, indemnify, and defend each City, its officers, employees, and agents from and against any and all claims, suits, or actions of every kind brought for or on account of injuries to or death of any person or damage to any property of any kind whatsoever and to whomsoever belonging which arise out of the performance or nonperformance of County's covenants and obligations under this Agreement and which result from the actively negligent or wrongful acts of County or its officers, employees, or agents.
8.1.e
Packet Pg. 327 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement This provision requiring County to hold harmless, indemnify, and defend each City shall expressly not apply to claims, losses, liabilities, or damages arising from actions or omissions, negligent or otherwise, of PHS or any other independent contractor providing animal controlrelated services pursuant to a contract with the County. Claims related to the planning and/or construction of the new Animal Care Shelter facility are not claims, losses, liabilities, or damages related to "animal control-related services" within the meaning of this Agreement.
In the event of concurrent negligence of the County, its officers, or employees, and any City, its officers and employees, then the liability for any and all claims for injuries or damages to persons and/or property or any other loss or cost which arises out of the terms, conditions, covenants or responsibilities of this Agreement shall be apportioned in any dispute or litigation according to the California theory of comparative negligence.
7. Assignability: Except as otherwise expressly provided for herein, no Party shall assign any of its obligations or rights hereunder without the consent of all other Parties.
8. Notices: Any notices required to be given pursuant to this Agreement shall be given in writing and shall be mailed to all Parties to the Agreement, as follows:
To City:
To County:
IN WITNESS WHEREOF, the Board of Supervisors of the COUNTY OF SAN MATEO has authorized and directed the President of the Board of Supervisors to execute this Agreement for and on behalf of the County, and the Cities of ATHERTON, BELMONT, BRISBANE,
BURLINGAME, COLMA, DALY CITY, EAST PALO ALTO, FOSTER CITY, HALF MOON
BAY, HILLSBOROUGH, MENLO PARK, MILLBRAE, PACIFICA, PORTOLA VALLEY,
REDWOOD CITY, SAN BRUNO, SAN CARLOS, SAN MATEO, SOUTH SAN FRANCISCO, AND WOODSIDE have caused this Agreement to be subscribed by each of their duly authorized officers and attested by their Clerks.
Dated: F 9, 2014
Clerk of the Board
Resolution #073369
COUNTY O
~
SAN MATEO
8.1.e
Packet Pg. 328 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement
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) A
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 $ Resolution #073369
Calendar Year
8.1.e
Packet Pg. 329 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Contra Costa County Animal Services Agreement
CONTRA COSTA COUNTY
ANIMAL SERVICES
PUBLIC PROTECTION COMMITTEE
SEPTEMBER 27, 2021
1 8.1.e
Packet Pg. 330 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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 8.1.e
Packet Pg. 331 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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 8.1.e
Packet Pg. 332 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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.
8.1.e
Packet Pg. 333 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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 8.1.e
Packet Pg. 334 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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
8.1.e
Packet Pg. 335 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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, TSat. Phone, online, email and in person by appointment
Dispatch services through SO contract
24/7
8.1.e
Packet Pg. 336 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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
8.1.e
Packet Pg. 337 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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.
8.1.e
Packet Pg. 338 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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
8.1.e
Packet Pg. 339 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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.)
8.1.e
Packet Pg. 340 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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.
8.1.e
Packet Pg. 341 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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.
8.1.e
Packet Pg. 342 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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
8.1.e
Packet Pg. 343 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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
8.1.e
Packet Pg. 344 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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
8.1.e
Packet Pg. 345 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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.
8.1.e
Packet Pg. 346 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Thank You & Questions
We
appreciate
our city
partners!
8.1.e
Packet Pg. 347 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding 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.
8.1.e
Packet Pg. 348 Attachment: Attachment D - Letter of Concern from the Animal Rights Coalition Regarding Animal Services Department 4800 Imhoff Place
Martinez, California 94553-4300
(925) 608-8400
Beth Ward Contra Animal Services Director
Costa
County
June Catalano
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Re: Recent Citizen Concerns
Dear June Catalano,
An organized animal group in the County has been participating in public comment at local city council meetings. We would like formally to address some of these concerns and provide a better understanding of the issues raised.
1. Proposed New City Agreements - The proposed new agreement will allow for improved animal services countywide. The new agreement does not reduce services, it simply codifies current services in greater detail than the current agreement and provides a funding model that will allow for improved animal services. The draft agreement reflects the feedback provided during numerous meetings with contract cities (predominantly City Managers and Police Chiefs) over the last two years. The updated draft agreement details specific services provided under the agreement for all areas of operation, including detailing which services are not included. The updated agreement also improves accountability by stating target response times for each activity type, including requiring regular performance reporting.
2. Spay & Neuter Services - The County has resumed public Spay & Neuter services as of March 1 and plans to expand services in the upcoming fiscal year. The proposed changes are to increase the clinic hours from 32 to 50 hours per week. After being temporarily scaled back as a result of operational impacts related to the pandemic, the clinics are back open and fully operational.
Acknowledging the high demand for those services, Animal Services has taken action to increase the availability of these services by contracting with nonprofit organizations through support from the Animal Benefit Fund.
It is important to note Spay & Neuter and vaccination clinic services have never been included in the contract city agreements. The agreements focus exclusively on mandated services provided as the municipal animal control agency. Funding for these services have historically been from the County General Fund and revenue collected to provide these services.
Attachment E
8.1.f
Packet Pg. 349 Attachment: Attachment E - Animal Services Letter of April 8, 2022, Regarding Recent Citizen Concerns (Contra Costa Animal Services
3. Transporting Injured animals to non-profits – Contra Costa Animal Services (CCAS) responds to calls for sick and injured domestic animals and livestock. In these cases, transport is typically provided to the Martinez shelter or an emergency veterinarian depending on the circumstances. It is very rare animal transport would be needed to a nonprofit for medical treatment.
4. Wildlife calls for service - Animal Services will respond to deceased wildlife pick up calls, with limited exceptions. The new agreement includes the addition of this service. However, the agreement does not include medical services for injured wildlife as this is not a service the department is mandated to perform. The service of responding to live sick or injured wildlife falls under the jurisdiction of the State Department of Fish and Wildlife. Any past assistance from CCAS in regard to live, injured wildlife have been done so solely as a courtesy when the Department of Fish and Wildlife were unable to respond.
5. General Fund Support - The County is committed to partnering with cities and supporting animal services. The County’s contribution for FY 2022-23 is $4,382,000 an increase of $270,000 from 2021-22. However, the County does not have an obligation to subsidize city animal services under state law. The alternative to providing mandated animal services is for a city to take on these responsibilities themselves. Though contracting with the County to provide services generally ends up saving cities money.
I hope this communication provides a better understating of the issues being raised. I am happy to discuss any concerns, so please do not hesitate to reach out.
Sincerely,
Beth Ward
Beth Ward
Director
Contra Costa Animal Services
8.1.f
Packet Pg. 350 Attachment: Attachment E - Animal Services Letter of April 8, 2022, Regarding Recent Citizen Concerns (Contra Costa Animal Services Attachment F
Correspondence from the Public
8.1.g
Packet Pg. 351 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) From: [email protected] <[email protected]> Sent: Tuesday, March 29, 2022 3:22 PM
To: June Catalano <[email protected]>
Subject: We Deserve More From Our County’s Animal Services Agreement! Dear City Manager June W. Catalano,
As a Contra Costa resident who cares about animal welfare and one of over 250,000 In Defense of Animals supporters, I’m writing to express my grave concerns regarding the proposed City‐ County Animal Services Agreement. The proposed Agreement does not include essential community services that protect our animal companions, community cats, and wild animals.
In 2020, CCAS eliminated all services for injured wildlife. When a good Samaritan saw a gravely injured buck struggling by the side of the road, she pulled over and made numerous calls for assistance. She was horrified and heartbroken when she and her young children had to give up and leave him. In an email dated October 12, 2021, Beth Ward responded, “We are currently in discussions with our city partners to hopefully remedy the situation as it is very upsetting to all involved.” Nevertheless, the proposed agreement does not reinstate this service. It is ghastly and inhumane to leave animals struck by cars to suffer for hours or even days in roadways. It’s also dangerous. When animals are struck by cars, drivers will swerve to avoid causing further injury. When Animal Services refuses to transport injured animals to Lindsay Wildlife Hospital, residents will put themselves at risk of injury and disease when they try to perform the duties of trained volunteers and professionals.
The increasing fee plan included Animal Care Coordinators to implement operational Pet Retention, Transfer Partners, and Adoption programs. These, too, are absent in the proposed agreement. As a result, impounded adoptable animals would be in danger of being killed rather than redeemed to their guardians, transferred to rescues, or adopted into safe and loving homes.
This proposed agreement's scope of services and standard of care are alarmingly vague. For example, the agreement doesn’t specify how many spay/neuter appointments will be provided.
As of March 12, 2022, the CCAS website states that all appointments have already been booked until late June.
Please collaborate with your fellow city officials and other stakeholders. You can look at other City‐County Animal Services Agreements. For example, San Mateo County contracts with 20 cities, and its agreement is 145 pages long. The standard of care promised includes, “Policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering.
You can see that here: https://www.idausa.org/AnimalServicesAgreementSanMateo
8.1.g
Packet Pg. 352 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) Contra Costa County contracts with 18 cities, and its proposed agreement is a mere seven pages long. CCAS promises no standard of care whatsoever. A bullet point states, “Provide care for sheltered animals.”
You can see that here: https://www.idausa.org/AnimalServicesAgreementContraCosta It is also troubling that the cities’ per capita fees increase every year while the contribution from the County’s General Fund remains the same. CCAS failed to submit its application to the Measure X Advisory Board. A Grand Jury recommended that CCAS apply for Measure X funding to lower the projected cost to CCAS‐contracted cities and to support additional low‐cost spay and neuter services.
Increased services should be offered in return for increased funding. Please negotiate for a comprehensive, fair, and humane Animal Services Agreement. The residents of all species in your city deserve nothing less!
Thank you for your consideration of this urgent matter.
Sincerely,
Ms. Rajinder Saini
912 Santa Cruz Dr Pleasant Hill, CA 94523‐2329 [email protected]
8.1.g
Packet Pg. 353 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) From: Brian Meek <[email protected]>
Date: March 30, 2022 at 2:18:58 PM PDT
To: June Catalano <[email protected]>
Subject: We Deserve More From Our County’s Animal Services Agreement! Reply-To: [email protected]
Dear City Manager June W. Catalano,
As a Contra Costa resident who cares about animal welfare and one of over 250,000 In Defense of Animals supporters, I’m writing to express my grave concerns regarding the proposed CityCounty Animal Services Agreement. The proposed Agreement does not include essential community services that protect our animal companions, community cats, and wild animals.
In 2020, CCAS eliminated all services for injured wildlife. When a good Samaritan saw a gravely injured buck struggling by the side of the road, she pulled over and made numerous calls for assistance. She was horrified and heartbroken when she and her young children had to give up and leave him. In an email dated October 12, 2021, Beth Ward responded, “We are currently in discussions with our city partners to hopefully remedy the situation as it is very upsetting to all involved.” Nevertheless, the proposed agreement does not reinstate this service. It is ghastly and inhumane to leave animals struck by cars to suffer for hours or even days in roadways. It’s also dangerous. When animals are struck by cars, drivers will swerve to avoid causing further injury.
When Animal Services refuses to transport injured animals to Lindsay Wildlife Hospital, residents will put themselves at risk of injury and disease when they try to perform the duties of trained volunteers and professionals.
The increasing fee plan included Animal Care Coordinators to implement operational Pet Retention, Transfer Partners, and Adoption programs. These, too, are absent in the proposed agreement. As a result, impounded adoptable animals would be in danger of being killed rather than redeemed to their guardians, transferred to rescues, or adopted into safe and loving homes.
This proposed agreement's scope of services and standard of care are alarmingly vague. For example, the agreement doesn’t specify how many spay/neuter appointments will be provided.
As of March 12, 2022, the CCAS website states that all appointments have already been booked until late June.
Please collaborate with your fellow city officials and other stakeholders. You can look at other City-County Animal Services Agreements. For example, San Mateo County contracts with 20 cities, and its agreement is 145 pages long. The standard of care promised includes, “Policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering.
You can see that here: https://www.idausa.org/AnimalServicesAgreementSanMateo Contra Costa County contracts with 18 cities, and its proposed agreement is a mere seven pages long. CCAS promises no standard of care whatsoever. A bullet point states, “Provide care for sheltered animals.”
8.1.g
Packet Pg. 354 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) You can see that here: https://www.idausa.org/AnimalServicesAgreementContraCosta It is also troubling that the cities’ per capita fees increase every year while the contribution from the County’s General Fund remains the same. CCAS failed to submit its application to the Measure X Advisory Board. A Grand Jury recommended that CCAS apply for Measure X funding to lower the projected cost to CCAS-contracted cities and to support additional low-cost spay and neuter services.
Increased services should be offered in return for increased funding. Please negotiate for a comprehensive, fair, and humane Animal Services Agreement. The residents of all species in your city deserve nothing less!
Thank you for your consideration of this urgent matter.
Sincerely,
Mr. Brian Meek
600 Longbrook Way Apt 251 Pleasant Hill, CA 94523-2479
[email protected]
8.1.g
Packet Pg. 355 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) From: Laura Greenfield <[email protected]> Date: April 11, 2022 at 2:44:07 PM PDT
To: [email protected]
Subject: We Deserve More From Our County’s Animal Services Agreement! Reply-To: [email protected]
Dear Mayor Michael G. Harris,
As a Contra Costa resident who cares about animal welfare and one of over 250,000 In Defense of Animals supporters, I’m writing to express my grave concerns regarding the proposed CityCounty Animal Services Agreement. The proposed Agreement does not include essential community services that protect our animal companions, community cats, and wild animals.
In 2020, CCAS eliminated all services for injured wildlife. When a good Samaritan saw a gravely injured buck struggling by the side of the road, she pulled over and made numerous calls for assistance. She was horrified and heartbroken when she and her young children had to give up and leave him. In an email dated October 12, 2021, Beth Ward responded, “We are currently in discussions with our city partners to hopefully remedy the situation as it is very upsetting to all involved.” Nevertheless, the proposed agreement does not reinstate this service. It is ghastly and inhumane to leave animals struck by cars to suffer for hours or even days in roadways. It’s also dangerous. When animals are struck by cars, drivers will swerve to avoid causing further injury.
When Animal Services refuses to transport injured animals to Lindsay Wildlife Hospital, residents will put themselves at risk of injury and disease when they try to perform the duties of trained volunteers and professionals.
The increasing fee plan included Animal Care Coordinators to implement operational Pet Retention, Transfer Partners, and Adoption programs. These, too, are absent in the proposed agreement. As a result, impounded adoptable animals would be in danger of being killed rather than redeemed to their guardians, transferred to rescues, or adopted into safe and loving homes.
This proposed agreement's scope of services and standard of care are alarmingly vague. For example, the agreement doesn’t specify how many spay/neuter appointments will be provided.
As of March 12, 2022, the CCAS website states that all appointments have already been booked until late June.
Please collaborate with your fellow city officials and other stakeholders. You can look at other City-County Animal Services Agreements. For example, San Mateo County contracts with 20 cities, and its agreement is 145 pages long. The standard of care promised includes, “Policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering.
You can see that here: https://www.idausa.org/AnimalServicesAgreementSanMateo Contra Costa County contracts with 18 cities, and its proposed agreement is a mere seven pages long. CCAS promises no standard of care whatsoever. A bullet point states, “Provide care for sheltered animals.”
8.1.g
Packet Pg. 356 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) You can see that here: https://www.idausa.org/AnimalServicesAgreementContraCosta It is also troubling that the cities’ per capita fees increase every year while the contribution from the County’s General Fund remains the same. CCAS failed to submit its application to the Measure X Advisory Board. A Grand Jury recommended that CCAS apply for Measure X funding to lower the projected cost to CCAS-contracted cities and to support additional low-cost spay and neuter services.
Increased services should be offered in return for increased funding. Please negotiate for a comprehensive, fair, and humane Animal Services Agreement. The residents of all species in your city deserve nothing less!
Thank you for your consideration of this urgent matter.
Sincerely,
Mrs. Laura Greenfield
3090 Vessing Rd Pleasant Hill, CA 94523-4517
[email protected]
8.1.g
Packet Pg. 357 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) From: [email protected] <[email protected]> Sent: Monday, April 11, 2022 7:45 AM
To: June Catalano <[email protected]>
Subject: We Deserve More From Our County’s Animal Services Agreement! Dear City Manager June W. Catalano,
As a Contra Costa resident who cares about animal welfare and one of over 250,000 In Defense of Animals supporters, I’m writing to express my grave concerns regarding the proposed City‐ County Animal Services Agreement. The proposed Agreement does not include essential community services that protect our animal companions, community cats, and wild animals.
In 2020, CCAS eliminated all services for injured wildlife. When a good Samaritan saw a gravely injured buck struggling by the side of the road, she pulled over and made numerous calls for assistance. She was horrified and heartbroken when she and her young children had to give up and leave him. In an email dated October 12, 2021, Beth Ward responded, “We are currently in discussions with our city partners to hopefully remedy the situation as it is very upsetting to all involved.” Nevertheless, the proposed agreement does not reinstate this service. It is ghastly and inhumane to leave animals struck by cars to suffer for hours or even days in roadways. It’s also dangerous. When animals are struck by cars, drivers will swerve to avoid causing further injury. When Animal Services refuses to transport injured animals to Lindsay Wildlife Hospital, residents will put themselves at risk of injury and disease when they try to perform the duties of trained volunteers and professionals.
The increasing fee plan included Animal Care Coordinators to implement operational Pet Retention, Transfer Partners, and Adoption programs. These, too, are absent in the proposed agreement. As a result, impounded adoptable animals would be in danger of being killed rather than redeemed to their guardians, transferred to rescues, or adopted into safe and loving homes.
This proposed agreement's scope of services and standard of care are alarmingly vague. For example, the agreement doesn’t specify how many spay/neuter appointments will be provided.
As of March 12, 2022, the CCAS website states that all appointments have already been booked until late June.
Please collaborate with your fellow city officials and other stakeholders. You can look at other City‐County Animal Services Agreements. For example, San Mateo County contracts with 20 cities, and its agreement is 145 pages long. The standard of care promised includes, “Policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering.
You can see that here: https://www.idausa.org/AnimalServicesAgreementSanMateo
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Packet Pg. 358 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) Contra Costa County contracts with 18 cities, and its proposed agreement is a mere seven pages long. CCAS promises no standard of care whatsoever. A bullet point states, “Provide care for sheltered animals.”
You can see that here: https://www.idausa.org/AnimalServicesAgreementContraCosta It is also troubling that the cities’ per capita fees increase every year while the contribution from the County’s General Fund remains the same. CCAS failed to submit its application to the Measure X Advisory Board. A Grand Jury recommended that CCAS apply for Measure X funding to lower the projected cost to CCAS‐contracted cities and to support additional low‐cost spay and neuter services.
Increased services should be offered in return for increased funding. Please negotiate for a comprehensive, fair, and humane Animal Services Agreement. The residents of all species in your city deserve nothing less!
Thank you for your consideration of this urgent matter.
Sincerely,
Mrs. Tamara Rieser
104 Emerson Ct Pleasant Hill, CA 94523‐4109 [email protected]
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Packet Pg. 359 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) From: Sarah Westphal <[email protected]>
Subject: We Deserve More From Our County’s Animal Services Agreement! Date: April 11, 2022 at 8:10:38 AM PDT
To: <[email protected]>
Resent-From: <[email protected]>
Reply-To: <[email protected]>
Dear Mayor Michael G. Harris,
As a Contra Costa resident who cares about animal welfare and one of over 250,000 In Defense of Animals supporters, I’m writing to express my grave concerns regarding the proposed CityCounty Animal Services Agreement. The proposed Agreement does not include essential community services that protect our animal companions, community cats, and wild animals.
In 2020, CCAS eliminated all services for injured wildlife. When a good Samaritan saw a gravely injured buck struggling by the side of the road, she pulled over and made numerous calls for assistance. She was horrified and heartbroken when she and her young children had to give up and leave him. In an email dated October 12, 2021, Beth Ward responded, “We are currently in discussions with our city partners to hopefully remedy the situation as it is very upsetting to all involved.” Nevertheless, the proposed agreement does not reinstate this service. It is ghastly and inhumane to leave animals struck by cars to suffer for hours or even days in roadways. It’s also dangerous. When animals are struck by cars, drivers will swerve to avoid causing further injury.
When Animal Services refuses to transport injured animals to Lindsay Wildlife Hospital, residents will put themselves at risk of injury and disease when they try to perform the duties of trained volunteers and professionals.
The increasing fee plan included Animal Care Coordinators to implement operational Pet Retention, Transfer Partners, and Adoption programs. These, too, are absent in the proposed agreement. As a result, impounded adoptable animals would be in danger of being killed rather than redeemed to their guardians, transferred to rescues, or adopted into safe and loving homes.
This proposed agreement's scope of services and standard of care are alarmingly vague. For example, the agreement doesn’t specify how many spay/neuter appointments will be provided.
As of March 12, 2022, the CCAS website states that all appointments have already been booked until late June.
Please collaborate with your fellow city officials and other stakeholders. You can look at other City-County Animal Services Agreements. For example, San Mateo County contracts with 20 cities, and its agreement is 145 pages long. The standard of care promised includes, “Policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering.
You can see that here: https://www.idausa.org/AnimalServicesAgreementSanMateo Contra Costa County contracts with 18 cities, and its proposed agreement is a mere seven pages
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Packet Pg. 360 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) long. CCAS promises no standard of care whatsoever. A bullet point states, “Provide care for sheltered animals.”
You can see that here: https://www.idausa.org/AnimalServicesAgreementContraCosta It is also troubling that the cities’ per capita fees increase every year while the contribution from the County’s General Fund remains the same. CCAS failed to submit its application to the Measure X Advisory Board. A Grand Jury recommended that CCAS apply for Measure X funding to lower the projected cost to CCAS-contracted cities and to support additional low-cost spay and neuter services.
Increased services should be offered in return for increased funding. Please negotiate for a comprehensive, fair, and humane Animal Services Agreement. The residents of all species in your city deserve nothing less!
Thank you for your consideration of this urgent matter.
Sincerely,
Sarah Westphal
31 Byron Dr Pleasant Hill, CA 94523-4102
[email protected]
Michael G. Harris, OD
Mayor, City of Pleasant Hill
Please excuse dictation typos.
"We may not be able to prepare the future for our children, but we can at least prepare our children for the future.” **************************************************************** Michael G. Harris, OD, JD, MS, FAAO
Associate Dean Emeritus Clinical Professor Emeritus
University of California, School of Optometry, Berkeley, CA 94720-2020 [email protected]
**************************************************************** NOTICE TO RECIPIENT: If you are not the intended recipient of this e-mail, you are prohibited from sharing, copying, or otherwise using or disclosing its contents. If you have received this e-mail in error, please notify the sender immediately by reply e-mail and permanently delete this e-mail and any attachments without reading, forwarding, or saving them.
The opinions and statements expressed herein are those of the sender and should not be taken as a position, opinion, or endorsement by the University of California, its School of Optometry, the City of Pleasant Hill, or its City Council. Thank you. ****************************************************************
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Packet Pg. 361 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) From: Gloria Larsen <[email protected]> Date: April 12, 2022 at 6:58:37 AM HST
To: [email protected]
Subject: We Deserve More From Our County’s Animal Services Agreement! Reply-To: [email protected]
Dear Mayor Michael G. Harris,
As a Contra Costa resident who cares about animal welfare and one of over 250,000 In Defense of Animals supporters, I’m writing to express my grave concerns regarding the proposed CityCounty Animal Services Agreement. The proposed Agreement does not include essential community services that protect our animal companions, community cats, and wild animals.
In 2020, CCAS eliminated all services for injured wildlife. When a good Samaritan saw a gravely injured buck struggling by the side of the road, she pulled over and made numerous calls for assistance. She was horrified and heartbroken when she and her young children had to give up and leave him. In an email dated October 12, 2021, Beth Ward responded, “We are currently in discussions with our city partners to hopefully remedy the situation as it is very upsetting to all involved.” Nevertheless, the proposed agreement does not reinstate this service. It is ghastly and inhumane to leave animals struck by cars to suffer for hours or even days in roadways. It’s also dangerous. When animals are struck by cars, drivers will swerve to avoid causing further injury.
When Animal Services refuses to transport injured animals to Lindsay Wildlife Hospital, residents will put themselves at risk of injury and disease when they try to perform the duties of trained volunteers and professionals.
The increasing fee plan included Animal Care Coordinators to implement operational Pet Retention, Transfer Partners, and Adoption programs. These, too, are absent in the proposed agreement. As a result, impounded adoptable animals would be in danger of being killed rather than redeemed to their guardians, transferred to rescues, or adopted into safe and loving homes.
This proposed agreement's scope of services and standard of care are alarmingly vague. For example, the agreement doesn’t specify how many spay/neuter appointments will be provided.
As of March 12, 2022, the CCAS website states that all appointments have already been booked until late June.
Please collaborate with your fellow city officials and other stakeholders. You can look at other City-County Animal Services Agreements. For example, San Mateo County contracts with 20 cities, and its agreement is 145 pages long. The standard of care promised includes, “Policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering.
You can see that here: https://www.idausa.org/AnimalServicesAgreementSanMateo Contra Costa County contracts with 18 cities, and its proposed agreement is a mere seven pages long. CCAS promises no standard of care whatsoever. A bullet point states, “Provide care for sheltered animals.”
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Packet Pg. 362 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) You can see that here: https://www.idausa.org/AnimalServicesAgreementContraCosta It is also troubling that the cities’ per capita fees increase every year while the contribution from the County’s General Fund remains the same. CCAS failed to submit its application to the Measure X Advisory Board. A Grand Jury recommended that CCAS apply for Measure X funding to lower the projected cost to CCAS-contracted cities and to support additional low-cost spay and neuter services.
Increased services should be offered in return for increased funding. Please negotiate for a comprehensive, fair, and humane Animal Services Agreement. The residents of all species in your city deserve nothing less!
Thank you for your consideration of this urgent matter.
Sincerely,
Gloria Larsen
412 Soule Ave Pleasant Hill, CA 94523-3816
[email protected]
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Packet Pg. 363 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) From: Darcy Mathews <[email protected]> Date: April 12, 2022 at 7:10:59 AM PDT
To: [email protected]
Subject: We Deserve More From Our County’s Animal Services Agreement! Reply-To: [email protected]
Dear Mayor Michael G. Harris,
YOU NEED TO STEP UP!!!!
As a Contra Costa resident who cares about animal welfare and one of over 250,000 In Defense of Animals supporters, I’m writing to express my grave concerns regarding the proposed CityCounty Animal Services Agreement. The proposed Agreement does not include essential community services that protect our animal companions, community cats, and wild animals.
In 2020, CCAS eliminated all services for injured wildlife. When a good Samaritan saw a gravely injured buck struggling by the side of the road, she pulled over and made numerous calls for assistance. She was horrified and heartbroken when she and her young children had to give up and leave him. In an email dated October 12, 2021, Beth Ward responded, “We are currently in discussions with our city partners to hopefully remedy the situation as it is very upsetting to all involved.” Nevertheless, the proposed agreement does not reinstate this service. It is ghastly and inhumane to leave animals struck by cars to suffer for hours or even days in roadways. It’s also dangerous. When animals are struck by cars, drivers will swerve to avoid causing further injury.
When Animal Services refuses to transport injured animals to Lindsay Wildlife Hospital, residents will put themselves at risk of injury and disease when they try to perform the duties of trained volunteers and professionals.
The increasing fee plan included Animal Care Coordinators to implement operational Pet Retention, Transfer Partners, and Adoption programs. These, too, are absent in the proposed agreement. As a result, impounded adoptable animals would be in danger of being killed rather than redeemed to their guardians, transferred to rescues, or adopted into safe and loving homes.
This proposed agreement's scope of services and standard of care are alarmingly vague. For example, the agreement doesn’t specify how many spay/neuter appointments will be provided.
As of March 12, 2022, the CCAS website states that all appointments have already been booked until late June.
Please collaborate with your fellow city officials and other stakeholders. You can look at other City-County Animal Services Agreements. For example, San Mateo County contracts with 20 cities, and its agreement is 145 pages long. The standard of care promised includes, “Policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering.
You can see that here: https://www.idausa.org/AnimalServicesAgreementSanMateo Contra Costa County contracts with 18 cities, and its proposed agreement is a mere seven pages
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Packet Pg. 364 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) long. CCAS promises no standard of care whatsoever. A bullet point states, “Provide care for sheltered animals.”
You can see that here: https://www.idausa.org/AnimalServicesAgreementContraCosta It is also troubling that the cities’ per capita fees increase every year while the contribution from the County’s General Fund remains the same. CCAS failed to submit its application to the Measure X Advisory Board. A Grand Jury recommended that CCAS apply for Measure X funding to lower the projected cost to CCAS-contracted cities and to support additional low-cost spay and neuter services.
Increased services should be offered in return for increased funding. Please negotiate for a comprehensive, fair, and humane Animal Services Agreement. The residents of all species in your city deserve nothing less!
Thank you for your consideration of this urgent matter.
Sincerely,
Mrs. Darcy Mathews
2962 Vessing Rd Pleasant Hill, CA 94523-4515
[email protected]
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Packet Pg. 365 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) From: Emily Hussey <[email protected]>
Date: April 12, 2022 at 7:23:17 AM HST
To: [email protected]
Subject: We Deserve More From Our County’s Animal Services Agreement! Reply-To: [email protected]
Dear Mayor Michael G. Harris,
As a Contra Costa resident who cares about animal welfare and one of over 250,000 In Defense of Animals supporters, I’m writing to express my grave concerns regarding the proposed CityCounty Animal Services Agreement. The proposed Agreement does not include essential community services that protect our animal companions, community cats, and wild animals.
In 2020, CCAS eliminated all services for injured wildlife. When a good Samaritan saw a gravely injured buck struggling by the side of the road, she pulled over and made numerous calls for assistance. She was horrified and heartbroken when she and her young children had to give up and leave him. In an email dated October 12, 2021, Beth Ward responded, “We are currently in discussions with our city partners to hopefully remedy the situation as it is very upsetting to all involved.” Nevertheless, the proposed agreement does not reinstate this service. It is ghastly and inhumane to leave animals struck by cars to suffer for hours or even days in roadways. It’s also dangerous. When animals are struck by cars, drivers will swerve to avoid causing further injury.
When Animal Services refuses to transport injured animals to Lindsay Wildlife Hospital, residents will put themselves at risk of injury and disease when they try to perform the duties of trained volunteers and professionals.
The increasing fee plan included Animal Care Coordinators to implement operational Pet Retention, Transfer Partners, and Adoption programs. These, too, are absent in the proposed agreement. As a result, impounded adoptable animals would be in danger of being killed rather than redeemed to their guardians, transferred to rescues, or adopted into safe and loving homes.
This proposed agreement's scope of services and standard of care are alarmingly vague. For example, the agreement doesn’t specify how many spay/neuter appointments will be provided.
As of March 12, 2022, the CCAS website states that all appointments have already been booked until late June.
Please collaborate with your fellow city officials and other stakeholders. You can look at other City-County Animal Services Agreements. For example, San Mateo County contracts with 20 cities, and its agreement is 145 pages long. The standard of care promised includes, “Policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering.
You can see that here: https://www.idausa.org/AnimalServicesAgreementSanMateo Contra Costa County contracts with 18 cities, and its proposed agreement is a mere seven pages long. CCAS promises no standard of care whatsoever. A bullet point states, “Provide care for sheltered animals.”
8.1.g
Packet Pg. 366 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) You can see that here: https://www.idausa.org/AnimalServicesAgreementContraCosta It is also troubling that the cities’ per capita fees increase every year while the contribution from the County’s General Fund remains the same. CCAS failed to submit its application to the Measure X Advisory Board. A Grand Jury recommended that CCAS apply for Measure X funding to lower the projected cost to CCAS-contracted cities and to support additional low-cost spay and neuter services.
Increased services should be offered in return for increased funding. Please negotiate for a comprehensive, fair, and humane Animal Services Agreement. The residents of all species in your city deserve nothing less!
Thank you for your consideration of this urgent matter.
Sincerely,
Emily Hussey
46 Cleopatra Dr Pleasant Hill, CA 94523-3445
[email protected]
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Packet Pg. 367 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) From: Gloria Larsen <[email protected]>
Date: April 12, 2022 at 10:22:15 AM HST
To: [email protected], [email protected], [email protected], [email protected], [email protected]
Subject: Contra Costa County Animal Services Agreement
It has come to my attention that there may be a problem with reduced or inadequate services provided under the above-mentioned Agreement with the County. I am most concerned that we provide adequate and humane treatment to our wild and domesticated animals and that you fund programs with the County that fully support that agenda. Please take care in approval of this Agreement.
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Packet Pg. 368 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) From: Kathleen Grant <[email protected]> Date: April 17, 2022 at 5:17:10 AM HST
To: [email protected]
Subject: We Deserve More From Our County’s Animal Services Agreement! Reply-To: [email protected]
Dear Mayor Michael G. Harris,
As a Contra Costa resident who cares about animal welfare and one of over 250,000 In Defense of Animals supporters, I’m writing to express my grave concerns regarding the proposed CityCounty Animal Services Agreement. The proposed Agreement does not include essential community services that protect our animal companions, community cats, and wild animals.
In 2020, CCAS eliminated all services for injured wildlife. When a good Samaritan saw a gravely injured buck struggling by the side of the road, she pulled over and made numerous calls for assistance. She was horrified and heartbroken when she and her young children had to give up and leave him. In an email dated October 12, 2021, Beth Ward responded, “We are currently in discussions with our city partners to hopefully remedy the situation as it is very upsetting to all involved.” Nevertheless, the proposed agreement does not reinstate this service. It is ghastly and inhumane to leave animals struck by cars to suffer for hours or even days in roadways. It’s also dangerous. When animals are struck by cars, drivers will swerve to avoid causing further injury.
When Animal Services refuses to transport injured animals to Lindsay Wildlife Hospital, residents will put themselves at risk of injury and disease when they try to perform the duties of trained volunteers and professionals.
The increasing fee plan included Animal Care Coordinators to implement operational Pet Retention, Transfer Partners, and Adoption programs. These, too, are absent in the proposed agreement. As a result, impounded adoptable animals would be in danger of being killed rather than redeemed to their guardians, transferred to rescues, or adopted into safe and loving homes.
This proposed agreement's scope of services and standard of care are alarmingly vague. For example, the agreement doesn’t specify how many spay/neuter appointments will be provided.
As of March 12, 2022, the CCAS website states that all appointments have already been booked until late June.
Please collaborate with your fellow city officials and other stakeholders. You can look at other City-County Animal Services Agreements. For example, San Mateo County contracts with 20 cities, and its agreement is 145 pages long. The standard of care promised includes, “Policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering.
You can see that here: https://www.idausa.org/AnimalServicesAgreementSanMateo Contra Costa County contracts with 18 cities, and its proposed agreement is a mere seven pages long. CCAS promises no standard of care whatsoever. A bullet point states, “Provide care for sheltered animals.”
8.1.g
Packet Pg. 369 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) You can see that here: https://www.idausa.org/AnimalServicesAgreementContraCosta It is also troubling that the cities’ per capita fees increase every year while the contribution from the County’s General Fund remains the same. CCAS failed to submit its application to the Measure X Advisory Board. A Grand Jury recommended that CCAS apply for Measure X funding to lower the projected cost to CCAS-contracted cities and to support additional low-cost spay and neuter services.
Increased services should be offered in return for increased funding. Please negotiate for a comprehensive, fair, and humane Animal Services Agreement. The residents of all species in your city deserve nothing less!
Thank you for your consideration of this urgent matter.
Sincerely,
Kathleen Grant
43 Monte Cresta Ave Pleasant Hill, CA 94523-4213
[email protected]
8.1.g
Packet Pg. 370 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) From: Peggy Parker <[email protected]>
Date: April 18, 2022 at 4:36:52 PM HST
To: [email protected]
Subject: We Deserve More From Our County’s Animal Services Agreement! Reply-To: [email protected]
Dear Mayor Michael G. Harris,
As a Contra Costa resident who cares about animal welfare and one of over 250,000 In Defense of Animals supporters, I’m writing to express my grave concerns regarding the proposed CityCounty Animal Services Agreement. The proposed Agreement does not include essential community services that protect our animal companions, community cats, and wild animals.
In 2020, CCAS eliminated all services for injured wildlife. When a good Samaritan saw a gravely injured buck struggling by the side of the road, she pulled over and made numerous calls for assistance. She was horrified and heartbroken when she and her young children had to give up and leave him. In an email dated October 12, 2021, Beth Ward responded, “We are currently in discussions with our city partners to hopefully remedy the situation as it is very upsetting to all involved.” Nevertheless, the proposed agreement does not reinstate this service. It is ghastly and inhumane to leave animals struck by cars to suffer for hours or even days in roadways. It’s also dangerous. When animals are struck by cars, drivers will swerve to avoid causing further injury.
When Animal Services refuses to transport injured animals to Lindsay Wildlife Hospital, residents will put themselves at risk of injury and disease when they try to perform the duties of trained volunteers and professionals.
The increasing fee plan included Animal Care Coordinators to implement operational Pet Retention, Transfer Partners, and Adoption programs. These, too, are absent in the proposed agreement. As a result, impounded adoptable animals would be in danger of being killed rather than redeemed to their guardians, transferred to rescues, or adopted into safe and loving homes.
This proposed agreement's scope of services and standard of care are alarmingly vague. For example, the agreement doesn’t specify how many spay/neuter appointments will be provided.
As of March 12, 2022, the CCAS website states that all appointments have already been booked until late June.
Please collaborate with your fellow city officials and other stakeholders. You can look at other City-County Animal Services Agreements. For example, San Mateo County contracts with 20 cities, and its agreement is 145 pages long. The standard of care promised includes, “Policies and procedures in accordance with the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, and/or other currently accepted best practices for animal sheltering.
You can see that here: https://www.idausa.org/AnimalServicesAgreementSanMateo Contra Costa County contracts with 18 cities, and its proposed agreement is a mere seven pages long. CCAS promises no standard of care whatsoever. A bullet point states, “Provide care for sheltered animals.”
8.1.g
Packet Pg. 371 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement) You can see that here: https://www.idausa.org/AnimalServicesAgreementContraCosta It is also troubling that the cities’ per capita fees increase every year while the contribution from the County’s General Fund remains the same. CCAS failed to submit its application to the Measure X Advisory Board. A Grand Jury recommended that CCAS apply for Measure X funding to lower the projected cost to CCAS-contracted cities and to support additional low-cost spay and neuter services.
Increased services should be offered in return for increased funding. Please negotiate for a comprehensive, fair, and humane Animal Services Agreement. The residents of all species in your city deserve nothing less!
Thank you for your consideration of this urgent matter.
Sincerely,
Peggy Parker
113 Hardy Cir Pleasant Hill, CA 94523-3803
[email protected]
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Packet Pg. 372 Attachment: Attachment F - Correspondence from the Public (Contra Costa Animal Services Agreement)
CITY COUNCIL STAFF REPORT
Meeting Date: June 06, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: CONSIDERATION OF RESOLUTION NO. ___-22 CALLING FOR A
BALLOT MEASURE TO ASK VOTERS WHETHER THE POSITION OF
PLEASANT HILL CITY TREASURER SHOULD BE ELECTIVE OR
APPOINTIVE
SYNOPSIS
State law requires every General Law City to have a City Treasurer, a position that may be either elected by the voters or appointed by the City Council. The City Council proposes to consider whether to ask the Pleasant Hill electorate if the position of City Treasurer should change from elected to appointed, and has directed staff to present information about this process. A draft resolution for consideration is included as an attachment to this staff report should the Council decide to move forward with a ballot measure on the question.
DISCUSSION
Background
During the discussion to appoint the current Interim City Treasurer after the resignation of the elected City Treasurer in 2022, the City Council directed staff to research the process, timing, and cost to place a measure on the November 2022 ballot to ask voters whether the position of Pleasant Hill City Treasurer should change from elective to appointive.
In 1962, the City Council submitted a measure to the Pleasant Hill electorate to ask, “Shall the office of City Treasurer be appointive?” The electorate voted 1,214 to 655 to keep the City Treasurer an elected position.
Analysis
The California Government Code addresses the election process for this ballot question for a General Law city.
Section 36508. “At any municipal election, or a special election held for that purpose, the city council may submit to the electors the question whether the elective officers, or any of them except council members, shall be appointed by the city council; provided,
8.2 Packet Pg. 373
however, that the city council shall not submit such question to the electors more often than once in an 11-month period.”
Section 36509. “The question shall be printed on the ballots used at the election substantially in one of the following forms:
(c) “Shall the office of city treasurer be appointive?
The words “yes” and “no” shall be so printed on the ballots that the voters may express their choice.”
Section 36510. “If a majority of the votes cast on the proposition is for it, the city council shall appoint such officers at the expiration of the terms of the officers then in office, and on a vacancy in any such office. Such officers shall hold office during the pleasure of the city council and, notwithstanding Section 36502 to the contrary, are not required to be residents or electors in the city. The city council may by ordinance vest in the city manager its authority to appoint such officers."
To place a ballot measure before the electorate, the City Council must adopt a resolution that:
• Submits proposed ballot measure wording (including whether the full text will be printed) to the Contra Costa County Elections Department; • Authorizes City Council members and/or other individuals (up to five) to file a written argument regarding the measure, including providing for the filing of rebuttal arguments to the measure in accordance with filing deadlines; and • Directs the City Attorney to prepare an impartial analysis of the measure.
City Treasurer Qualifications, Duties and Responsibilities In order to stand for election, City Treasurer candidates need only be electors (registered voters) of the City they wish to serve. No other qualifications are required or may be added by the City Council to elective City Treasurer positions.
The basic duties of the City Treasurer are set forth in the Government Code:
Section 41002:
“(a) The city treasurer shall comply with all laws governing the deposit and securing of public funds and the handling of trust funds in his or her possession. (b) If the city has issued bonds, the city treasurer shall use a system of accounting and auditing that adheres to generally accepted accounting principles.” Additionally, the City has adopted an ordinance, codified in Chapter 2 of the Pleasant Hill Municipal Code, which provides:
“2.20.010 Position. The city treasurer shall be elected as provided by law.
8.2 Packet Pg. 374
2.20.020 Compensation. The city treasurer is entitled to compensation fixed by resolution of the city council.”
Elective Versus Appointive City Treasurer
In Contra Costa County, eight of the 19 cities (including Pleasant Hill) have an elected City Treasurer.
Voters in the remaining 11 cities have opted to move to a system of appointment, which allows for the consideration of each applicant’s education, background, and experience.
Integration of City Treasurer Function with City Staff Operations If the position of City Treasurer becomes appointive, it would be expected that the employee assigned those duties would work under the direction of the Finance Manager and City Manager. A City Treasurer function in which all of the work is performed by in-house staff, as opposed to the current arrangement in which the work is performed by an elected official, would be more straightforward to effectively manage.
Ballot Measure Timing
The resolution calling for the Municipal Election must be adopted at least 88 days prior to the election, which for the November 8, 2022 election would be by August 12, 2022. The last regular City Council meeting before the 88-day deadline is August 1, 2022.
There is currently an appointed Interim City Treasurer fulfilling the duties of the position until the November 8, 2022 Municipal Election. Once the results of the 2022 election are certified, the elected City Treasurer will fulfill the remainder of the existing term ending November 2024. Should the measure pass, it will become effective upon certification of the November 2024 election.
FISCAL IMPACT
The cost to the City to place this question on the November 2022 ballot will vary, depending on the number of words in the measure and the amount of information put into the voter information pamphlet. Contra Costa County elections staff advises that the estimated cost is approximately $3,000 to $5,000 (in addition to the City Council/City Treasurer election) for the measure, which will need to be budget in the General Fund.
In the event the position of City Treasurer becomes appointive, the cost of having appointed staff perform the duties currently performed by the elected City Treasurer would be partially offset by the stipend savings of the elected City Treasurer.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The
8.2 Packet Pg. 375
agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
As a policy matter, the City Council must decide whether to propose the subject ballot measure.
If the Council decides to do so, staff recommends adoption of the attached resolution.
ALTERNATIVES TO RECOMMENDED ACTION
The City Council may decide not to propose the subject ballot measure and keep the City Treasurer as an elected position.
The City Council may provide direction to staff to update the proposed resolution and bring it back to the City Council for consideration before the August 12, 2022 deadline.
ATTACHMENT(S):
Proposed resolution
Prepared by: Danielle K. Habr, City Clerk
Reviewed and approved by: June Catalano, City Manager
8.2 Packet Pg. 376
RESOLUTION NO. __-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL CALLING
FOR A MUNICIPAL ELECTION TO SUBMIT TO THE VOTERS A LOCAL BALLOT
MEASURE TO MAKE THE OFFICE OF THE CITY TREASURER APPOINTED AND
REQUESTING THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS
CONSOLIDATE THE MUNICIPAL ELECTION ON THIS LOCAL MEASURE WITH THE GENERAL ELECTION TO BE CONDUCTED ON NOVEMBER 8, 2022
WHEREAS, the City Council of the City of Pleasant Hill deems it advisable to submit to the voters a ballot measure to make the office of the City Treasurer for the City of Pleasant Hill appointed, rather than elected; and
WHEREAS, a General Election is scheduled for Tuesday, November 8, 2022; and WHEREAS, it is to the advantage of the City to consolidate the election pursuant to California Elections Code §§ 10002 and 10400 et seq.; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill as follows:
SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law Cities and Chapter 2.55 of the Pleasant Hill Municipal Code, the City Council does call for a Municipal Election to be held in the City of Pleasant Hill, California, on Tuesday, November 8, 2022, for the purpose of allowing the electorate to determine whether the office of the City Clerk should be made appointive rather than elective:
SECTION 2. The printed full text of the proposed ballot measure to be submitted to the electorate shall be as follows:
“Shall the office of city treasurer be appointive? Yes No ” SECTION 3. The City Council directs the City Clerk to transmit a copy of the above reference ballot measure to the City Attorney. The City Attorney is hereby directed to prepare an imparia analysis of the measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code, including Elections Code § 9280.
SECTION 4. The City Council authorizes any and all members of the City Council to file a written argument in favor of or against the above referenced measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code, including Elections Code § 9282, and to change the argument until and including the date fixed by the City Elections Official after which n arguments for or against the measure may be submitted.
SECTION 5. The Elections Official may accept arguments in favor of or against the above referenced ballot measure from the City Council, a member or members of the Council, or any individual voter who is eligible to vote on the measure, or any bona fide association of citizens,
8.2.a
Packet Pg. 377 Attachment: Proposed Resolution (City Treasurer Ballot Measure 2022) or any combination of voters and associations in accordance Article 4, Chapter 3, Division 9 of the Elections Code, including Elections Code §§ 9282 through 9287.
SECTION 6. The Board of Supervisors of the County of Contra Costa is hereby requested to consolidate said election with the General Election to be conducted on Tuesday, November 8, 2022, as provided in Elections Code § 10002. The election hereby consolidated shall be held in all respects as if there were only one election.
SECTION 7. The Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 8. The City of Pleasant Hill recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the Elections Official.
SECTION 9. In all particulars not recited in this resolution, the Municipal Election shall be held and conducted as provided by law for holding consolidated municipal elections. The consolidated election shall be held and conducted in the manner proscribed in Elections Code § 10418.
SECTION 10. The City Clerk is hereby directed to file a certified copy of this resolution with the Registrar of Voters and the Board of Supervisors of the County of Contra Costa no later than August 12, 2022.
SECTION 10. Per Elections Code §§ 9163 and 12111, the City Clerk’s office shall publish the required notice in a newspaper of general circulation in the City of Pleasant Hill.
SECTION 11. The City Clerk is authorized, instructed and directed to prepare any documents and take any additional actions that may be necessary in order to properly and lawfully conduct the election.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 6
th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. HABR, City Clerk
8.2.a
Packet Pg. 378 Attachment: Proposed Resolution (City Treasurer Ballot Measure 2022)
CITY COUNCIL STAFF REPORT
Meeting Date: June 06, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY
MANAGER TO EXECUTE A NEW LEASE AGREEMENT WITH THE
COUNTY OF CONTRA COSTA FOR OPERATION OF THE NEW CITY
LIBRARY BUILDING AT 2 MONTICELLO AVENUE
SYNOPSIS
Construction of the new City of Pleasant Hill (City) library is near completion and ready to be opened to the public on or after July 30, 2022.
In order for the continued service at the new City library location, similar to the previous temporary lease and service agreement that was executed on June 18, 2020, the City must execute a new lease and service agreement (New Lease Agreement) between the City and Contra Costa County (County).
Further, City staff recommends that the City Council execute an Addendum that would allow the City to pay for additional County staff hours on Mondays using the American Rescue Plan Act of 2021 (ARPA) funds if the City Council approves of the “Monday” hours expenditure as part of the budget review process.
DISCUSSION
Background
The City entered into a Temporary Agreement on July 18, 2020, to use a portion of Pleasant Hill City Hall property facility as the “Temporary Library.” The proposed library New Lease Agreement will supersede the previous Temporary Agreement to ensure service is continued at the new library.
As described in the Temporary Agreement, “Base Hours” are the number of hours of Library Services that the County will provide each week in a Fiscal Year to all County-operated libraries. “Actual hours” are defined as the number of hours of Library Services that the County will provide each week in a Fiscal year at the Temporary Library and is the sum of Base Hours and Extra Hours. The “Base Hours” are paid by the County; however, City Council may consider the
9.1 Packet Pg. 379
expenditure for these additional “Extra Hours,” or “Monday” hours, as part of the budget process.
The cost of anticipated additional “Monday” hours at the new library, starting January 1, 2023, will be approximately $215,000 per year. City Council shall consider this additional cost as part of the budget hearing process.
The proposed New Lease Agreement between the City and the County regarding operation of the new library is included with this agenda item. Staff requests City Council’s authorization for the City Manager to execute the New Lease Agreement with the County and the Addendum for the potential use of ARPA funds to pay for “Monday” hours at the new library for the period January 1, 2023 through June 30, 2024.
Analysis
Section 4 of the Temporary Agreement states, “The ‘Term’ of this Lease begins on July 1, 2020, and ends on the date immediately prior to the effective date of a Library Lease and Service Agreement between the County and the City in connection with the new library.” Accordingly, the City must execute a New Lease Agreement with the County prior to the opening of the new library facility at 2 Monticello Avenue.
Further, City staff has prepared an Addendum to allow the City to pay for “Monday” hours using federal ARPA funds, if the City Council approves of this expenditure as part of the budget process.
FISCAL IMPACT
The anticipated cost of the additional “Monday” hours at the new library, starting January 1, 2023, will be approximately $215,000 per year. City Council shall consider this additional cost as part of the budget hearing process
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt the resolution.
ALTERNATIVES TO RECOMMENDED ACTION
Proceed with the current “Base Hours” and have the library’s open hours adjusted, as needed.
Direct staff to find an alternate funding source to ARPA, to pay for the cost of the additional “Monday” Hours.
9.1 Packet Pg. 380
ATTACHMENT(S):
Proposed Resolution
Exhibit A: Permanent New Library Lease and Service Agreement between the County of Contra Costa and the City of Pleasant Hill
Addendum – Hours for Monday Services
Prepared by: Ananthan Kanagasundarum, City Engineer
Approved by: June Catalano, City Manager
9.1 Packet Pg. 381
RESOLUTION NO. -2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW LEASE AGREEMENT
WITH THE COUNTY OF CONTRA COSTA FOR OPERATION OF THE NEW CITY LIBRARY BUILDING AT 2 MONTICELLO AVENUE
WHEREAS, a temporary lease and service agreement (Temporary Agreement) was executed with the County of Contra Costa (County) for operation of the temporary library on June 18, 2020; and
WHEREAS, in order to ensure the continued service at the new City library location, similar to the previous temporary lease and service agreement; the City will need tomust execute a new lease and service agreement (New Lease Agreement) between the City and Contra Costa County (the County) that supersedes the previous Temporary Agreement.
WHEREAS, as described in the Temporary Agreement, “Base Hours” are the number of hours of Library Services that the County will provide each week in a Fiscal Year to all County-operated libraries. “Actual hours” are defined as the number of hours of Library Services that the County will provide each week in a Fiscal yYear at the Temporary Librarynew library location and is the sum of “Base Hours” and “Extra Hours.” The “Base Hours” are paid by the County;, however, as part of the upcoming budget hearing process, the City cCouncil may consider during the upcoming budget hearing if they will support the opening of the expenditure for additional “Extra Hours,” also referred to called as “Monday” hours.
WHEREAS, City staff has prepared an aAddendum , has been prepared and the execution of which is recommended to be executed to provide in order for the City with the option to pay for additional “Monday” County staff hours using American Rescue Plan Act of 2021 (ARPA) funds; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that,
SECTION 1. Recitals. The above recitals are incorporated herein by reference.
SECTION 2. Authorization for the City Manager to Execute the New Lease Agreement. The City Council hereby authorizes the City Manager to execute the nNew lLease aAgreement with the County of Contra Costa, attached as Exhibit A, for the operation of the new library.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 6
th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
9.1.a
Packet Pg. 382 Attachment: Proposed Resolution (Library Lease) ABSTAIN:
___________________________________
MICHCHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE HABR, City Clerk
9.1.a
Packet Pg. 383 Attachment: Proposed Resolution (Library Lease) APPROVED AS TO FORM:
JANET E. COLESON, City Attorney
9.1.a
Packet Pg. 384 Attachment: Proposed Resolution (Library Lease)
LIBRARY LEASE
and
SERVICE AGREEMENT
Between
COUNTY OF CONTRA COSTA
and
THE CITY OF PLEASANT HILL
June 7, 2022
9.1.b
Packet Pg. 385 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) i
LIBRARY LEASE AND SERVICE AGREEMENT
BETWEEN
COUNTY OF CONTRA COSTA AND THE CITY OF PLEASANT HILL
1. DEFINITIONS........................................................................................................... 1
2. LEASE OF LIBRARY .............................................................................................. 2
3. CONSIDERATION ................................................................................................... 2
4. TERM ........................................................................................................................ 3 A. Automatic Renewal.......................................................................................... 3 B. Termination ...................................................................................................... 3
5. USE............................................................................................................................ 3 A. County’s Use of Library................................................................................... 3 B. City’s Use of Library ....................................................................................... 3 C. County’s Use of Parking Lot............................................................................ 3
6. MAINTENANCE AND REPAIRS ........................................................................... 3 A. Exterior............................................................................................................. 3 B. Interior.............................................................................................................. 4 C. Fixtures and Furnishings.................................................................................. 4 D. Custodial services............................................................................................. 4
7. CAPITAL IMPROVEMENTS .................................................................................. 4
8. ALTERATIONS; FIXTURES; SIGNS ..................................................................... 4
9. OPERATIONS: HOURS; COSTS ............................................................................ 4 A. Initial Period..................................................................................................... 4 B. Annual Modifications....................................................................................... 4 C. City Election: Extra Hours............................................................................... 4 D. Invoices; Payment ............................................................................................ 5
10. OPERATIONS: COST OF UTILITIES .................................................................... 5
11. OPERATIONS: TECHNOLOGY AND EQUPIMENT; COSTS............................. 5 A. Components...................................................................................................... 5 B. Voice Communication ..................................................................................... 5 C. Data Communication System........................................................................... 5 D. Miscellaneous Equipment……………………………………………...…......6
E. Obsolescence Avoidance …...…………………………….……….………….6
12. OWNERSHIP OF CONTENTS ................................................................................ 6
9.1.b
Packet Pg. 386 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) ii
A. County ............................................................................................................... 6 B. City .................................................................................................................... 7 C. Replacement of FF&E……………………………………………………..…..7
D. Public Art ……………………………………………………………………7
13. INSURANCE............................................................................................................. 7 A. Liability Insurance……......…………………………………………..………..7
B. Property Insurance ………………………………………………………...…..7
C. Workers Compensation and Employers Insurance…………………………….8
14. INDEMIFICATION .................................................................................................. 8 A. By County ........................................................................................................ 8 B. By City ............................................................................................................. 8
15. HAZARDOUS MATERIALS………………………………………………..…… 8
16. DEFAULT ................................................................................................................. 9 A. By County ........................................................................................................ 9 B. By City ............................................................................................................. 9
17. REMEDIES ……………………………………………………………...…….…..9
A. By County………………………………………………………………...... 9
B. By County…………………………………………………………………...9
18. MISCELLANEOUS .................................................................................................. 9 A. Use of Volunteers........................................................................................... 10 B. Assignment and Sublease............................................................................... 10 C. Quiet Enjoyment ............................................................................................ 10 D. Waste.............................................................................................................. 10 E. Surrender of Premises .................................................................................... 10 F. Holding Over.................................................................................................. 10 G. Notices............................................................................................................ 10 H. Time is of the Essence.................................................................................... 11 I. Governing Law............................................................................................... 11 J. Severability .................................................................................................... 11 K. Entire Agreement; Construction; Modification ............................................. 12
EXHIBITS
Exhibit A Library Floor Plan
Exhibit B Form of Lease Supplement
9.1.b
Packet Pg. 387 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 1 LIBRARY LEASE
And
SERVICE AGREEMENT
This library lease and service agreement (“Lease”) is dated June 7, 2022 (the “Effective Date”), and is between the City of Pleasant Hill, California, a municipal corporation (the “City”), and the County of Contra Costa, a political subdivision of the State of California (the “County”).
Recitals
A. The City owns that certain property located at 2 Monticello Avenue in Pleasant Hill, California (the “Property”). The Property has been improved with a building (the “Building”), a parking lot, and landscaping. The Building is used to provide Library Services, as defined below, and is shown on the floor plan to the Building that is attached as Exhibit A – Library Floor Plan (and is the “Library” or the “Premises”).
B. City and County are parties to a lease dated June 18, 2000, (the “2020 Lease”), under which the City is leasing to the County a portion of the Pleasant Hill City Hall Property for use as a temporary library. The 2020 Lease will continue in effect until the transition to the new Library is complete, which is expected to occur two (2) months after the effective date of this Lease.
C. Simultaneous with the execution of this Lease, the City and the County are entering into an addendum that sets forth the County’s obligation to comply with all applicable federal laws and regulations, including the applicable provisions of Appendix II to Part 200 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards (2 C.F.R. § 200.327) (“Addendum”). The Addendum is part of this Lease.
D. The City and the County agree that the presence of a public library in a community enhances the quality of life in that community. The City and the County therefore desire to work cooperatively to permit the County to operate the Library as a public library. Toward this end, the City desires to lease the Library to the County and the County desires to lease the Library from the City on the terms set forth herein.
The parties therefore agree as follows:
AGREEMENT
1. DEFINITIONS. The following terms have the following meanings:
“Actual Hours” means the number of hours of Library Services that the County will provide each week in a Fiscal year at the Library and is the sum of Base Hours and Extra Hours.
9.1.b
Packet Pg. 388 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 2 “Base Hours” means the number of hours of Library Services that the County will provide each week in a Fiscal Year to all County-operated libraries. The County is responsible for the cost of providing Library Services during Base Hours.
“Community Library Manager” means the person designated as the on-site manager by the Librarian.
“Components” means computers, charging stations (e.g., laptop kiosks), mobile devices, printers, scanners, monitors, keyboards, and related equipment and software used in the Library by the public and staff.
“Data Communication Equipment” means routers, switches, servers, uninterrupted power supply (UPS) and wireless access points.
“Data Communication Services” means broadband and wireless access. “Extra Hours” means the number of hours of Library Services that the City elects to obtain from the County each week at the Library that are in excess of Base Hours. The City is responsible for the cost of Extra Hours.
“Fiscal Year” means a twelve-month period beginning July 1. “Lease Supplement” means a supplement to this Lease in substantially the form of Exhibit B – Form of Lease Supplement.
“Librarian” means the person designated by the County as the County Librarian. “Library Services” includes lending books and other media to the public, offering programs to the public, and providing collection management and technical services in the course of operating a library. Except as otherwise provided herein, Library Services does not include maintenance of the Building or supervision of any outdoor area accessible from the Library, including the activity yard adjacent to the early literacy area. “Specialized Equipment” means equipment that supports library operations that is not otherwise defined in this Lease, including, but not limited to, book security gates, self-check machines, remote lockers, self-service library access system (e.g., Open+) and any automated material handling equipment used at the Library.
2. LEASE OF LIBRARY. The City hereby leases to the County and the County hereby leases from the City, the Library.
3. CONSIDERATION. In exchange for the use of the Library, the County shall perform Library Services and related activities at the Library during the Term of this Lease. No rent is due or payable from the County to the City during the Term of this Lease.
9.1.b
Packet Pg. 389 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 3 4. TERM. The “Initial Term” of this lease begins on the Effective Date and ends on June 30, 2023.
A. Automatic Renewal. The Lease will automatically renew on a yearly basis unless written notice is given by either party of their intent to terminate the Lease at least one year in advance in accordance with Section 5.B., Termination, below. Each annual renewal period is a “Renewal Term.” Each Renewal Term will automatically commence on the day following the last day of the prior Term. Upon commencement of a Renewal Term, the “Term” of this Lease will be deemed to mean the Initial Term and each Renewal Term.
B. Termination. Either party may terminate this Lease at any time by giving the other party written notice at least one year prior to the proposed termination date. In the event of termination, the County shall leave the Premises and all City Materials, as defined in Section 11.B below, in good working order, and shall remove only County Materials, as defined in Section 11.A below.
5. USE.
A. County’s Use of Library. The County may use the Library for the purpose of providing Library Services for the public and related activities.
B. City’s Use of Library. The City may use the Library during and outside the Library’s normal operating hours, so long as such use does not interfere directly with normal community library functions. The City is entirely responsible for any use of the Library that it schedules and shall hold harmless and indemnify the County, its officers, agents and employees for such use as provided for in Section 13, Indemnification.
Any use of the Library scheduled by the City is subject to the City’s guidelines and the City’s rules and regulations. The City may not close the Library during its normal operating hours without the prior written consent of the Librarian.
C. County’s Use of Parking Lot. City may designate Library staff parking areas.
Alternately, Library staff may park within designated library parking areas subject to the same provisions or restrictions that apply to the general public.
6. MAINTENANCE AND REPAIRS. The City shall provide the maintenance and repairs described below in order to keep and maintain the Building in good order, condition, and repair.
Maintenance and repairs are to be carried out in a manner that is at least consistent with the caliber of maintenance and repairs applied by the City to other City facilities, or as mutually agreed by the City and the County. City responsibilities for maintenance and repair include:
A. Exterior. All exterior building maintenance including but not limited to the roof, landscaping, hardscape, grounds, pest control, lighting and parking.
B. Interior. All interior building maintenance including but not limited to mechanical and electrical systems, including gas, electrical, water, plumbing, elevators, voice and data
9.1.b
Packet Pg. 390 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 4 communication systems infrastructure, heating, ventilating, air-conditioning (HVAC) systems, pest control, and all interior lighting systems, including the replacement of all fixtures and bulbs.
C. Fixtures and Furnishings. Maintenance and replacement of Building fixtures and furnishings including shelving, lighting, furniture, carpeting, window treatments, and appliances.
D. Custodial Services. City shall notify the Community Library Manager prior to selecting a contractor to provide custodial services. Alternately, City may provide such service using City staff.
7. CAPITAL IMPROVEMENTS. If the City and County agree that capital improvements to the Building or the Property are necessary (such improvements, “Capital Improvements”), then (i) the City shall provide the Capital Improvements at its sole cost and expense, and (ii) the City shall coordinate the schedule associated with the construction of all Capital Improvements with the Librarian.
8. ALTERATIONS; FIXTURES; SIGNS. The County may make any lawful and proper minor alterations to the Library and may attach fixtures and signs in or upon the Property with the City’s prior written approval. The County is responsible for the cost of such alterations and attachments. All alterations and attachments must comply with existing code requirements.
9. OPERATIONS: HOURS; COSTS.
A. Initial Period. For the Initial Term (i) the number of Base Hours the County will provide, (ii) the number of Extra Hours the City elects to obtain from the County, (iii) the resulting number of Actual Hours, and (iii) the cost to the City of the Extra Hours (such cost, the “City’s Obligation”) are set forth in Lease Supplement No. 1, which supplement is substantially in the form of Exhibit B.
B. Annual Modifications. For each Renewal Term, the Librarian will provide a Lease Supplement to the City in substantially the form of Exhibit B by March 31 of each year. The Lease Supplement will set forth (i) the number of Base Hours the County will provide in the upcoming Fiscal Year, (ii) the number of Extra Hours of Library Services the County anticipates that the City will elect to obtain from the County at the Library in the upcoming Fiscal Year (in the absence of more current information from the City, the County will assume the number of Extra Hours in the upcoming Fiscal Year will be equal to the number of Extra Hours then in effect), (iii) the resulting number of Actual Hours during which Library Services will be conducted at the Library in the upcoming Fiscal Year, and (iv) the cost of the City’s Obligation.
C. City Election: Extra Hours. Within 60 days of receiving the Lease Supplement, the City shall notify the Librarian in writing if it intends to modify the number of Extra Hours at the Library in the upcoming Fiscal Year. Such modification may be based on fiscal or other considerations identified by the City.
1. Change in Extra Hours from Prior Fiscal Year. If the County receives a notice modifying the number of Extra Hours desired in the upcoming Fiscal Year within the time allotted,
9.1.b
Packet Pg. 391 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 5 the parties shall use good faith efforts to finalize a revised Lease Supplement for the upcoming Fiscal Year before the July 1 start of that Fiscal Year. If the City fails to make a final determination regarding the number of Extra Hours before the start of the upcoming Fiscal Year, the Lease Supplement issued by the Librarian for the upcoming Fiscal Year will be effective until the City makes its final determination and a revised Lease Supplement for that Fiscal Year is executed.
The final, revised, Lease Supplement will be effective upon its execution by the County and the City.
2. No Change in Extra Hours from Prior Fiscal Year. If the County does not receive a notice modifying the number of Extra Hours desired in the upcoming Fiscal Year within the time allotted, the County and the City shall each execute the original Lease Supplement issued by the Librarian for the upcoming Fiscal Year, which Lease Supplement will become effective on July 1 of the Fiscal Year to which it applies.
D. Invoices; Payment. The County will invoice the City quarterly for the cost of Extra Hours incurred in the prior quarter. The City shall pay the County the amount due to the County within thirty (30) days of receipt of the invoice. In no event is the City obligated to pay an amount greater than the amount identified as the City’s Obligation in the Lease Supplement in effect for that Fiscal Year.
10. OPERATIONS: COST OF UTILITIES. The City shall pay for all utilities provided to the Premises, including gas, electricity, voice communication services, water, sewer, fire alarm, intrusion alarm, garbage, and recycling.
11. OPERATIONS: TECHNOLOGY AND EQUIPMENT; COSTS. The County and the City shall share responsibility for providing and maintaining technological equipment and services as follows:
A. Components. The County shall provide technology support at the Library, including determining the quantity, type, configuration, and location of all Components used in the Library.
The County shall acquire Components for use in the Library and maintain them in good working order. The County is responsible for the cost of obtaining and maintaining Components in the Library.
B. Voice Communication System. The City, at its expense, shall acquire and provide voice communication equipment and on-going voice services to the Library.
C. Data Communication System. The County shall acquire and configure the Data Communication Equipment and select Data Communication Services for the Library to create the Library’s data communication system. The City is responsible for the actual cost of obtaining and maintaining the Data Communication Equipment. To ensure the City is able to properly budget for the cost of the Data Communication Equipment, prior to placing an order for Data Communication Equipment, (i) the County will provide a written estimate of the cost of the Data Communication Equipment to the City, and (ii) must receive the City’s written consent to the acquisition. At the parties’ discretion, such writings may be in the form of emails. The City
9.1.b
Packet Pg. 392 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 6 acknowledges that it is responsible for the actual cost of the Data Communication Equipment, even if it varies from the estimate through no fault of the County’s.
1. Connection. The County will connect the Library’s data communication system to the County Library wireless network. It is expressly understood and agreed that such wireless network is for the exclusive use of the County in providing Library Services. The City shall provide CAT5 or better Ethernet cabling throughout the Library and replace or upgrade as needed.
2. Monthly Cost. The County is responsible for the cost of the monthly usage fee for Data Communication Services.
D. Miscellaneous Equipment.
1. Specialized Equipment. The County shall acquire any Specialized Equipment used in the Library. The City is responsible for the actual cost of obtaining and maintaining any Specialized Equipment. To ensure the City is able to properly budget for the cost of any Specialized Equipment, prior to placing an order for Specialized Equipment, (i) the County will provide a written estimate of the cost of the Specialized Equipment to the City, and (ii) must receive the City’s written consent to the acquisition. At the parties’ discretion, such writings may be in the form of emails. The City acknowledges that it is responsible for the actual cost of the Specialized Equipment, even if it varies from the estimate through no fault of the County’s.
2. Copiers. The County shall provide, at its sole cost and expense, one or more copy machines for use by library staff at the Library. The County may provide, at its sole cost and expense, one or more copy machines for use by the public at the Library. The County shall also obtain, at its sole cost and expense, a maintenance contract for each such copy machine. Any revenue collected for the use of copy machines will be retained by the County.
3. Audio Visual Equipment. Should the City elect to procure any audio-visual equipment for use, either by the City or County, at the Library, the City shall provide such equipment, at its sole cost and expense. The City shall also maintain, at its sole cost and expense, any audio-visual equipment it procures. All such audio-visual equipment will be City Materials, as defined in Section 13(B) of this Lease.
E. Obsolescence Avoidance. The City and County are both responsible and shall work together in good faith to ensure that all equipment and technology services at the Library, including the voice communication system, the data communication System, Data Communication Services, and Specialized Equipment, and excluding copiers and Components, are adequate for the Library’s needs and that costs that are the responsibility of the City are within the City’s fiscal parameters and approved by the City in advance.
12. OWNERSHIP OF CONTENTS.
A. County. All books, furnishings, fixtures, equipment, and materials purchased by the County, or foundations or private or public fundraising efforts on behalf of the County, are owned
9.1.b
Packet Pg. 393 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 7 by the County. Together, these books, materials, furnishings, fixtures, and equipment are the “County Materials.”
B. City. All books, furnishings, fixtures, equipment and materials purchased by the City, or foundations or private or public fundraising efforts on behalf of the City, are owned by the City.
Together, these books, materials, furnishings, fixtures, and equipment are the “City Materials.” City Materials will be identified in the County’s Integrated Library System.
C. Replacement of FF&E. From time to time, City and County will jointly determine if City-owned furnishings, fixtures and equipment need repair or replacement, or, if applicable, a schedule for replacing City-owned furnishings, fixtures and equipment. The City shall carry out, and bear the cost of, such repair or replacement as soon as is practically and fiscally possible.
D. Public Art. The City is responsible for the selection, cost, maintenance, installation, and removal of, and any liability for, all interior and exterior public art displayed at the Library.
13. INSURANCE
A. Liability Insurance
1. County. Throughout the Term, the County shall maintain in full force and effect, at its sole expense, either (i) comprehensive general liability insurance in commercially reasonable amounts, but in no event in an amount less than $3,000,000 per occurrence, protecting and insuring against claims for bodily injury, death, property damage, and personal injury occurring within or resulting from use of the Property, or (ii) a general self-insurance program covering bodily injury, death, property damage, and personal injury occurring within or resulting from use of the Property.
Any policy of insurance obtained by the County must (i) name the City, its officers, agents, and employees, as additional insureds, (ii) be endorsed to provide that the insurance is primary to and non-contributory to insurance carried by the City with respect to liability imposed on the County under this agreement, and (iii) contain a severability of interest clause.
2. City. Throughout the Term, the City shall maintain in full force and effect, at its sole expense, either (i) comprehensive general liability insurance in commercially reasonable amounts, but in no event in an amount less than $3,000,000 per occurrence, protecting and insuring against claims for bodily injury, death, property damage, and personal injury occurring within or resulting from use of the Property, or (ii) a general self-insurance program covering bodily injury, death, property damage, and personal injury occurring within or resulting from use of the Property.
Any policy of insurance obtained by the City must (i) name the County, its officers, agents, and employees, as additional insureds thereunder, (ii) be endorsed to provide that the insurance is primary to and non-contributory to insurance carried by the County with respect to liability imposed on the City under this agreement, and (iii) contain a severability of interest clause.
B. Property Insurance.
1. County. Throughout the Term, the County shall maintain in full force and effect, at its sole expense, fire insurance and a standard “all risk” policy covering the County-owned
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Packet Pg. 394 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 8 property within the Library, and any other personal property owned by the County located at the Property. Such coverage must (i) contain a waiver of subrogation endorsement in favor of the City, and (ii) cover loss or damage to the County-owned property in the amount of the full replacement value. Covered perils are to include fire, all risk, vandalism, malicious mischief, and sprinkler leakage.
2. City. Throughout the Term, the City shall maintain in full force and effect, at its sole expense, fire insurance and a standard “all risk” policy covering all structures and improvements at the Property and any personal property owned by the City located at the Property.
Such coverage must contain a waiver of subrogation endorsement in favor of the County. Covered perils are to include fire, all risk, vandalism, malicious mischief and sprinkler leakage.
C. Workers Compensation and Employers Liability. Both parties shall maintain in full force and effect Workers Compensation Insurance or self-insurance, and Employers Liability Insurance or self-insurance with limits that conform to legal requirements.
14. INDEMNIFICATION
A. By County. County shall indemnify, defend and hold the City harmless from the County’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors, or omissions of the County, its officers, agents or employees in using the Property pursuant to this Lease, except to the extent caused or contributed to by (i) the structural, mechanical, or other failure of buildings owned or maintained by the City, (ii) the design of the Library, (iii) City-owned fixtures in the Library, and/or (iv) the negligent acts, errors, or omissions of the City, its officers, agents or employees.
B. By City. The City shall indemnify, defend and hold the County harmless from City’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors or omissions of the City, its officers, agents or employees with respect to the Property, or the City’s performance under this Lease, the City’s use of the Property, the structural, mechanical or other failure of buildings owned or maintained by the City, the design of the Library, or City-owned fixtures in the Library, except to the extent caused or contributed to by the negligent acts, errors, or omissions of the County, its officers, agents, or employees. The City is responsible for all claims that result from the design of the Library and from City-owned fixtures in the Library, except for any claims resulting from a change in the design of the Library that is requested by the County and approved by the Board of Supervisors after the date of this Lease.
15. HAZARDOUS MATERIAL. The City warrants to the County that the City does not have any knowledge of the presence of Hazardous Material (as defined below) or contamination of the Building or Property in violation of environmental laws. The City shall defend, save, protect and hold the County harmless from any loss arising out of the presence of any Hazardous Material on the Property that was not brought to the Property by or at the request of the County, its agents, contractors, invitees or employees. The City acknowledges and agrees that the County has no
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Packet Pg. 395 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 9 obligation to clean up or remediate, or contribute to the cost of clean-up or remediation, of any Hazardous Material unless such Hazardous Material is released, discharged or spilled on or about the Property by the County or by any of County’s agents, employees, contractors, invitees or other representatives. The obligations of this Section shall survive the expiration or earlier termination of this Lease.
“Hazardous Material” means any substance, material or waste, including lead based paint, asbestos and petroleum (including crude oil or any fraction thereof), that is or becomes designated as a hazardous substance, hazardous waste, hazardous material, toxic substance, or toxic material under any federal, state or local law, regulation, or ordinance.
16. DEFAULT. The occurrence of any of the following events is a default (“Default”) under this Lease:
A. By County. If the County fails to operate the Library as a public library and such failure continues for thirty (30) days after receipt of a written notice of failure from the City to the Librarian with a copy to the County Administrator; provided, however, that the County will have additional time, up to an additional one hundred twenty (120) days, if its failure is due to circumstances beyond its reasonable control, including, without limitation, failure of the County’s Board of Supervisors to adopt a budget, work stoppages, and acts of God.
B. By City. The City’s failure to perform any of its obligations under this Lease if such failure is not remedied within thirty (30) days after receipt of a written notice of failure from the County to the City specifying the nature of the breach in reasonably sufficient detail; provided, however, if such breach cannot reasonably be remedied within such thirty (30) day period, then a Default will not be deemed to occur until the occurrence of the City’s failure to perform within the period of time that may be reasonably required to remedy the breach, up to an aggregate of one hundred twenty (120) days, provided the City commences curing such breach within thirty (30) days after receipt of the notice of the breach and thereafter diligently proceeds to cure such breach.
17. REMEDIES
A. By County. Upon the occurrence of a Default by the City, the County may (i) terminate this Lease and quit the Premises, or (ii) suspend operation of Library Services until the default is cured.
B. By City. Upon the occurrence of a Default by the County, the City may, after giving the County written notice of the Default, and in accordance with due process of law, reenter and repossess the Premises and remove all persons and property from the Premises.
18. MISCELLANEOUS.
A. Use of Volunteers. Volunteers are vital and welcome in enhancing the level of service offered in providing Library Services. The City’s Volunteer Coordinator shall work with the County’s library volunteer coordinator to recruit and schedule volunteers to assist with community
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Packet Pg. 396 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 10 library operation. Volunteers will be utilized to perform services as mutually agreed upon by the County and the City.
B. Assignment and Sublease. The County does not have the right to assign this Lease or sublease the Premises or any part thereof at any time during the Term.
C. Quiet Enjoyment. Provided the County is following the material terms of this Lease, the City shall warrant and defend the County in its quiet enjoyment and possession of the Premises during the Term.
D. Waste. The County shall not commit, or suffer to be committed, any waste upon the Premises.
E. Surrender of Premises. On the last day of the Term, or earlier termination of this Lease, the County shall peaceably and quietly leave and surrender the Library to the City, in good condition, ordinary wear and tear, and damage by casualty, condemnation, acts of God, and the City’s failure to make repairs required of the City excepted. Upon termination of this Lease, the County shall remove the County Materials from the Premises within one hundred eighty (180) days, unless otherwise agreed to in writing by the City.
F. Holding Over. Any holding over after the Term of this Lease is a tenancy from month to month and is subject to the terms of this Lease.
G. Notices. Any notice required or permitted under this Lease must be in writing and sent by overnight delivery service or registered or certified mail, postage prepaid and directed as follows:
To City: City Manager
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Phone: (925) 671-5240
To County: County Librarian
Contra Costa County
777 Arnold Drive, Suite 210,
Martinez, CA 94553
Phone: (925) 608-7700
With a copy to: Principal Real Property Agent
Contra Costa County
Public Works Department
40 Muir Road
Martinez, CA 94553
Phone: (925) 313-2000
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Packet Pg. 397 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 11 Either party may at any time designate in writing a substitute address for that set forth above, and thereafter notices are to be directed to such substituted address. If sent in accordance with this Section, all written notices will be deemed effective (i) the next business day, if sent by overnight courier, and (ii) three days after being deposited in the United States Postal system, if sent by registered or certified mail.
H. Time is of the Essence. Time is of the essence in fulfilling all terms and conditions of this Lease.
I. Governing Law. The laws of the State of California govern all matters arising out of this Lease.
J. Severability. In the event that any provision herein contained is held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of this Lease will not in any way be affected or impaired.
[Remainder of Page Intentionally Left Blank]
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Packet Pg. 398 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 12 K. Entire Agreement; Construction; Modification. Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, and understandings are of no further force or effect.
This Lease is not to be construed as if it has been prepared by one of the parties, but rather as if both parties have prepared it. This Lease may be modified only by a writing signed by both parties.
The parties are executing this Lease as of the date set forth in the introductory paragraph.
COUNTY CITY
COUNTY OF CONTRA COSTA, a CITY OF PLEASANT HILL, a
political subdivision of the State of municipal corporation of the State of California California
By: _______________________ By: _______________________ Alison McKee June Catalano
County Librarian City Manager
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
By By: _______________________
Brian M. Balbas Janet Coleson
Public Works Director City Attorney
By
Jessica L. Dillingham
Principal Real Property Agent
APPROVED AS TO FORM:
MARY ANN McNETT MASON, COUNTY COUNSEL
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
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Packet Pg. 399 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 13 EXHIBIT A
Library Floorplan
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Packet Pg. 400 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease) 14 EXHIBIT B
Form of Lease Supplement
SUPPLEMENT No. [ ]
This Lease Supplement No. [ ] is dated ___________ and supplements the Lease dated ______________ (the “Lease”) between the City of _________________, a municipal corporation of the State of California (the “City”), and the County of Contra Costa, a political subdivision of the State of California (the “County”).
Unless otherwise defined herein, capitalized terms have the meanings given to such terms in the Lease.
1. The number of Base Hours to be provided by the County in the Fiscal Year beginning July 1, 20__, is __.
2. The number of Extra Hours to be provided in the Fiscal Year beginning July 1, 20__ is __.
3. The number of Actual Hours to be provided in the Fiscal Year beginning July 1, 20__ is __.
4. The City’s Obligation for the Fiscal Year beginning July 1, 20__ is $______.
5. This Lease Supplement No. [ ] is effective in accordance with the terms of the Lease.
COUNTY CITY
COUNTY OF CONTRA COSTA, a CITY OF ___________________, a political subdivision of the State of municipal corporation of the State of California California
By: _______________________ By: _______________________ Name Name
County Librarian City Manager
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Packet Pg. 401 Attachment: Exhibit A - Library Lease and Service Agreement (Library Lease)
ADDENDUM
TO
LIBRARY LEASE AND SERVICE AGREEMENT
Pleasant Hill Library
2 Monticello Avenue
Pleasant Hill, California
July 1, 2022
This addendum (“Addendum”) is part of the library lease and service agreement being executed concurrently between the County of Contra Costa (the “County,” or “Contractor”), and the City of Pleasant Hill (the “City”), under which the County is leasing the property located at 2 Monticello Avenue in Pleasant Hill, California (the "Property") for the purposes described in the lease.
The County and the City mutually agree as follows:
1. Terms. All capitalized terms not defined herein have the meanings ascribed to them in the lease. The provisions of this Addendum supplement the lease.
2. Consideration. As consideration for the lease, the County will provide Library Services to the community for the Base Hours. As consideration for any Actual Hours that exceed the Base Hours, the City will pay the County in accordance with the terms of the lease.
3. Coronavirus State and Local Fiscal Recovery Funds. Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) will be used to fund all or a portion of the payments made by the City under the lease. The County shall comply with all federal requirements, including, but not limited to, the following:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021, U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Fund Award Terms and Conditions, Treasury’s Final Rule, and SLFRF reporting requirements, as applicable (collectively, the “SLFRF Compliance Requirements”). The SLFRF Compliance Requirements are expressly incorporated herein by reference.
b. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.
c. Federal Contract Provisions attached hereto as “Exhibit A to Addendum” and incorporated herein by reference.
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Packet Pg. 402 Attachment: PH Library Addendum - Federal Provisions V1 (Library Lease)
4. Subcontracts; Conflicts. Subcontracts, if any, shall contain a provision making them subject to all the provisions stipulated in the lease, including, but not limited to, SLFRF Compliance Requirements, 2 C.F.R. Part 200, and the Federal Contract Provisions. If any conflict exists between such federal requirements and the terms herein and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
The parties are executing this Addendum as of the date hereinabove set forth.
COUNTY CITY
COUNTY OF CONTRA COSTA, a CITY OF PLEASANT HILL, a
political subdivision of the State of municipal corporation of the State of California California
By: _______________________ By: _______________________ Alison McKee June Catalano
County Librarian City Manager
Date: _______________________ Date: _______________________
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Packet Pg. 403 Attachment: PH Library Addendum - Federal Provisions V1 (Library Lease)
EXHIBIT A TO ADDENDUM
FEDERAL CONTRACT PROVISIONS
During the performance of this Contract, the Contractor shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix IIto Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this Contract meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Contractor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
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Packet Pg. 404 Attachment: PH Library Addendum - Federal Provisions V1 (Library Lease) proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (iv) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies ofthe notice in conspicuous places available to employees and applicants for employment. (v) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal
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Packet Pg. 405 Attachment: PH Library Addendum - Federal Provisions V1 (Library Lease) opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Contract since it is funded by SLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Contract since it is funded by SLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this Contract is in excess of $100,000 and involves the employment of mechanics or laborers, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (ii) OvertimeRequirements. No contractor orsubcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any
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Packet Pg. 406 Attachment: PH Library Addendum - Federal Provisions V1 (Library Lease) subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv) Withholding for unpaid wages and liquidated damages. TheCity shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (v) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R.
Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this Contract is in excess of $150,000, Contractor shall comply with all applicable
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Packet Pg. 407 Attachment: PH Library Addendum - Federal Provisions V1 (Library Lease) standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City.
If it islater determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Contract.
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Packet Pg. 408 Attachment: PH Library Addendum - Federal Provisions V1 (Library Lease) (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this Contract is in excess of $100,000, Contractor shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the Contract term funding exceeds $100,000.00, Contractor shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Contractorsthat apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Contractorshall complywith section 6002 ofthe Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) TheContractor also agreesto complywith all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Contract. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei
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Packet Pg. 409 Attachment: PH Library Addendum - Federal Provisions V1 (Library Lease) Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Contractorshall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2
C.F.R. § 200.321)
Contractor represents and warrants that it has not let subcontracts for this Agreement and will not do so, and on that basis the City has determined that 2 CFR § 200.321(b)(6) is inapplicable to this Agreement. The City has determined that its procurement of Contractor otherwise satisfies its obligation under 2 CFR § 200.321(a) to take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible, and
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Packet Pg. 410 Attachment: PH Library Addendum - Federal Provisions V1 (Library Lease) that in this case it was not possible to use minority businesses, women's business enterprises, and labor surplus area firms in place of Contractor owing to the unique governmental nature of the services.
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Packet Pg. 411 Attachment: PH Library Addendum - Federal Provisions V1 (Library Lease)