CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
Tuesday, May 26, 2026 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both in-person at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.
In-Person Participation:
•
Location.
City Hall – 600 Elm Street, Council Chambers.
•
Provide Public Comment.
T o address the City Council, fill out a Request to Speak Form located in the back of the Council Chambers and submit it to the City Clerk; or, you may raise your hand when the Mayor calls for public comments.
Remote Participation
:
•
Observe via:
-
Zoom.
https://us02web.zoom.us/j/88256140939; or call 1-669-900-9128 and enter the Meeting ID #: 882 5614 0939
-
Meeting Webportal
. www.cityofsancarlos.org/agenda
-
Local TV.
Comcast Channel 27 and AT&T Uverse Channel 99
•
Provide Public Comment.
If you plan to make a public comment, please observe the meeting via Zoom (see above access information), and during the public comment period for the agenda item you wish to address, use the “raise hand” feature. If joining Zoom by phone, press *9 to “raise hand”.
Councilmembers may participate in this meeting remotely pursuant to Government Code 54953.8.
1 MAYOR:
Pranita Venkatesh
COUNCIL:
John Dugan, Neil Layton, Sara McDowell, Adam Rak
1. CALL TO ORDER
2. TELECONFERENCE ANNOUNCEMENTS BY COUNCIL
3. PLEDGE OF ALLEGIANCE
4. CHANGES TO THE ORDER OF THE AGENDA
5. REPORT FROM CLOSED SESSION
6. PRESENTATIONS
a.
Present
Proclamations
Recognizing
2026
Hometown
Days
Ryan
Greco
Memorial
Art Contest Winners Hailey Lau and A.L. “Cairo” Parra-Rasine. b.
Receive
a
Presentation
from
MidPen
Housing
on
their
Proposed
Development
at 626 Walnut Street.
7. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Council
Communications
and
Announcements
are
brief
items
from
members
of
the
City
Council
regarding
upcoming
events
in
the
community
and
correspondence
that
they
have
received.
They
are
informational
in
nature
and
no
action
will
be
taken
on
these
items
at
this
meeting.
8. PUBLIC COMMENT
Persons
wishing
to
address
the
City
Council
on
matters
NOT
on
the
posted
agenda
may
do so. Each speaker is limited to two minutes.
If
the
item
you
are
speaking
on
is
not
listed
on
the
agenda,
please
be
advised
that
the
City
Council
may
briefly
respond
to
statements
made
or
questions
posed
as
allowed
under
the
Brown
Act
(Government
Code
Section
54954.2).
The
City
Council's
general
policy
is
to
refer
items
to
staff
for
attention,
or
have
a
matter
placed
on
a
future
City
Council
agenda
for
a
more
comprehensive
action
or
report
and
formal
public
discussion
and
input
at
that
time.
9. CONSENT CALENDAR
a.
Motion to Waive Reading of All Ordinances.
2 b.
Approve the City Council April 13, 2026 Regular Meeting Minutes. c.
Approve the City Council April 27, 2026 Special Meeting Minutes. d.
Adopt
a
Resolution
Approving
Amendment
1 to
the
Law
Enforcement
Services
Agreement
with
the
San
Mateo
County
Sheriff's
Office,
Including
the
Fiscal
Year
2026-27
Payment
of
$14,455,499;
Offset
by
the
CalPERS
Unfunded
Actuarial
Accrued
Liability
Credit
in
the
Amount
of
$2,059,325,
and
Offset
by
the
Approval
of
the Use of Prior Year Savings in the Amount of $700,000 for Police Services. e.
Adopt
a
Resolution
Authorizing
the
Execution
of
an
Amendment
to
the
Animal
Control
Services
Agreement
between
the
County
of
San
Mateo
and
the
City
of
San Carlos for a Three-Year T erm Beginning July 1, 2026. f.
Accept
the
Fiscal
Year
(FY)
2025-26
Third
Quarter
Financial
Report
for
the
Period
Ending March 31, 2026.
g.
Accept
the
Fiscal
Year
(FY)
2025-26
Third
Quarter
Investment
Report
for
the
Period Ending March 31, 2026.
h.
Adopt
a
Resolution
Authorizing
the
Execution
of
a
Professional
Services
Agreement
with
Integrated
Communication
Systems
(ICS)
in
the
Amount
of
$370,703,
with
a
10%
Contingency
in
the
Amount
of
$37,072,
for
a
Not-to-Exceed
T otal
Contract
Amount
of
$407,775
to
Upgrade
the
Existing
Council
Chambers’
Audio
Visual
(“A/V”)
Systems
to
Support
Modern,
Reliable
Operations
and
Request
the
Appropriation
of
Restricted
Public,
Educational,
and
Government
(PEG)
Funds
from
the
General
Capital
Fund
(Fund
25)
for
this
New
Capital
Project.
i.
Adopt
a
Resolution
Authorizing
the
Execution
of
an
Amendment
to
the
Existing
Professional
Services
Agreement
with
Wallace
Roberts
&
T odd,
LLC
(WRT)
for
Additional
Services
Associated
with
the
Preparation
of
Graphics
and
Upgraded
Renderings
for
the
Downtown
Groundbreaking
Celebration
in
an
Amount
Not
to
Exceed $19,715.
j.
Adopt
a
Resolution
Accepting
and
Approving
the
Annual
Investment
Policy
for
Fiscal Year 2026-27.
k.
Deny Claim of Licia Colaizzi.
l.
Deny Claim of Paulette Dolin.
10. NEW BUSINESS
a.
Consideration
of
Appointing
Four
Youth
Advisory
Council
(YAC)
Voting
Members
for
the
2026
-
2028
T erm,
Two
YAC
Voting
Members
for
the
2026
-
2027
T erm,
3 Two
Alternate
YAC
Members
for
the
2026
-
2027
T erm,
and
Recognizing
Four
Retiring YAC Voting Members.
b.
Consideration
of
Adopting
a
Resolution
Adopting
a
T echnology
Disruption
Policy,
Pursuant to Senate Bill 707.
11. REPORTS TO COUNCIL
Reports
to
the
Council
are
updates
on
key
City
Projects
by
City
Staff
and
City
Council
Subcommittees.
They
are
informational
in
nature,
and
no
action
will
be
taken
on
these
items at this meeting.
a.
Receive
an
Update
on
the
Implementation
of
the
2021
San
Carlos
Climate
Mitigation and Adaptation Plan.
12. PUBLIC HEARING
a.
Consideration
of
Adopting
a
Resolution
Accepting
a
Report
on
the
City
of
San
Carlos’
Workforce
Vacancies,
Recruitment,
and
Retention
Trends
as
Required
Under Assembly Bill (AB) 2561.
13. AGENDA SETTING
Items
discussed
in
this
Agenda
Setting
Section
will
be
considered
by
the
Council
for
placing on a future agenda. No action will be taken on these items at this meeting.
a.
Consideration of Agendizing an Item Banning Gas-Powered Leaf Blowers.
14. ADJOURNMENT
Any
writings
or
documents
provided
to
a
majority
of
the
City
Council
regarding
any
item
on
this
agenda
will be made available for public inspection upon request.
In
compliance
with
the
Americans
with
Disabilities
Act
and
Title
VI,
and
as
outlined
in
the
City’s
Reasonable
Accommodations
Policy,
if
you
need
special
assistance
or
translation
services
to
participate
in
this
meeting,
please
contact
the
City
Clerk’s
Office
at
(650)
802-4222
or
via
Notification
in
advance
of
the
meeting
will
enable
the
City
to
make
reasonable arrangements to ensure accessibility to this meeting.
4 San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Regular Meeting
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
April 13, 2026 7:00 PM
MINUTES
ROLL CALL
City Council Present:
City Council Absent:
Pranita Venkatesh, Mayor
Neil Layton, Councilmember
Sara McDowell, Councilmember
Adam Rak, Vice Mayor
John Dugan, Councilmember
Staff Present: Nil Blackburn, Interim City Manager
Andrea Mardesich, Assistant Community Development Director Rebecca Mendenhall, Administrative Services Director
Crystal Mui, City Clerk
Amy Newby, Parks and Recreation Director
Gregory Rubens, City Attorney
Al Savay, Community Development Director
Tracy Scramaglia, Assistant Public Works Director
Chris Valley, Building Official
1. CALL TO ORDER
Mayor Venkatesh called the meeting to order 7:04 p.m.
2. TELECONFERENCE ANNOUNCEMENTS BY COUNCIL
None.
3. PLEDGE OF ALLEGIANCE
Mayor Venkatesh led the Pledge of Allegiance.
4. CHANGES TO THE ORDER OF THE AGENDA
None.
5. REPORT FROM CLOSED SESSION
None.
6. PRESENTATIONS
a. Present a Proclamation Recognizing April 2026 as Parkinson’s Awareness Month.
9.b
May 26, 2026
Packet Pg. 5
Mayor Venkatesh presented a proclamation recognizing Parkinson’s Awareness Month to resident Chris Westland.
Mr. Westland, on behalf of the local Parkinson’s community, shared his experience living with Parkinson’s disease and emphasized the importance of raising community awareness. b. Present Proclamations Recognizing Central Middle School and Tierra Linda Middle School for Receiving the 2026 California Distinguished School Designation.
Mayor Venkatesh recognized Tierra Linda Middle School and Central Middle School upon receiving the 2026 California Distinguished School Award.
Tierra Linda Principal Charu Gulati and Central Middle School Principal Thomas Stomer accepted the proclamations on behalf of their school communities and credited the dedication of staff, students, parents, and the San Carlos community for the schools’ success.
7. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Mayor Venkatesh invited the community to participate in the City’s Earth Day event on Sunday, April 19 at 9:00 a.m in Wheeler Plaza.
8. PUBLIC COMMENT
Zinovy Fichtenholz, a resident representing the Highlands community and the Heather Homeowners Association, raised concerns regarding the 808 Alameda development project and requested the Council to withhold the project’s final permits to remove trees.
Gerald Moreno, a resident, requested bicycle infrastructure improve ments on Industrial Road near Circle Star and raised concerns about overgrown sidewalk vegetation.
Amy Walsh, a resident, sought guidance on pursuing storm drain infrastructure funding on Beverly Drive.
Mayor Venkatesh directed staff to follow-up with all the public commenters.
9. CONSENT CALENDAR
MOTION: Adopt City Council Consent Calendar Items ‘a’ through ‘m’; and Item ‘n’ – adopt Ordinance No.1634 Amending the San Carlos Zoning Map and Title 18 - Zoning Ordinance, of the San Carlos Municipal Code Temporarily Excluding Sites Within the MU-DC-100 Mixed-Use Downtown Core, MU-D-120 Mixed-Use Downtown, MU-SC-120 Mixed-Use San Carlos Avenue, and RM-100 Multiple Family Zoning Districts that are Within 0.25 Miles of the San Carlos Caltrain Station, Pursuant to Senate Bill (SB) 79, the Abundant and Affordable Homes Near Transit Act; and
Item ‘o’ – adopt Ordinance No. 1635 Amending Planned Development Ordinance 1265 and Adopting a Planned Development (PD) Plan for the Property Known as the San Carlos Elms Senior Assisted Care Facility (APN 050-152-320) 707 Elm Street (PD-14).
MOVER: Layton
SECONDER: McDowell
AYES: Layton, McDowell, Venkatesh
NAYS: None
9.b
May 26, 2026 Packet Pg. 6
ABSENT: Dugan, Rak
RESULT: Motion Passed 3 – 0 – 2
a. Motion to Waive Reading of All Ordinances.
b. Approve the City Council February 23, 2026 Regular Meeting Minutes.
c. Approve the City Council March 6, 2026 Special Meeting Minutes.
d. Approve the City Council March 7, 2026 Special Meeting Minutes.
e. Accept the Quarterly Reports from City Commissions and Boards.
f. Adopt a Resolution Appropriating an Additional $32,032 from the General Capital Fund (Fund 25) Unassigned Fund Balance to the Corporation Yard Roof Replacement and Solar Panel Upgrade Project C2410. Resolution 2026-032
g. Adopt a Resolution Approving the Parcel Map for the 549 Prospect Street Development, Assessor Parcel Number 050-034-150. Resolution 2026-033
h. Adopt a Resolution Awarding the San Carlos Library Makerspace Project and Authorizing the Execution of a Public Projects Agreement with Foundry Construction, Inc. of Oakland, California in the Amount of $789,288 Plus a 15% Contingency, for a Total Not-to-Exceed Amount of $907,681.20. Resolution 2026-034
i. Adopt a Resolution Approving the Specifications for the 2026 Sewer Lateral Replacement Project (C1737) and Authorizing a Call for Bids. Resolution 2026-035
j. Adopt a Resolution Approving the Plans and Specifications for the Library Elevator Upgrade Project (C2518) and Authorizing a Call for Bids. Resolution 2026-036
k. Adopt a Resolution Approving the Specifications for the 2026 Sewer System CCTV Inspection Project (C1736) and Authorizing a Call for Bids. Resolution 2026-037
l. Adopt a Resolution Authorizing the Execution of an Agreement between the Metropolitan Transportation Commission and the City of San Carlos for Technical Assistance for the Pavement Management Technical Assistance Program. Resolution 2026-038
m. Adopt a Resolution Approving the Amendment to the Agreement with Azul Works, Inc. to Grant Temporary Use of the City-Owned Property at 1800 El Camino Real for Construction Staging Associated with the Harrington Park Refresh Project at No Charge and Authorizing the Execution of the Amendment and Any Related Documents. Resolution 2026-039
n. Adopt Ordinance 1634 Amending the San Carlos Zoning Map and Title 18 - Zoning Ordinance, of the San Carlos Municipal Code Temporarily Excluding Sites Within the MU-DC-100 Mixed-Use Downtown Core, MU-D-120 Mixed-Use Downtown, MU-SC-120 Mixed-Use San Carlos Avenue, and RM-100 Multiple Family Zoning Districts that are Within 0.25 Miles of the San Carlos Caltrain Station, Pursuant to Senate Bill (SB) 79, the Abundant and Affordable Homes Near Transit Act.
o. Adopt Ordinance 1635 Amending Planned Development Ordinance 1265 and Adopting a Planned Development (PD) Plan for the Property Known as the San Carlos Elms Senior Assisted Care Facility (APN 050-152-320) 707 Elm Street (PD-14).
9.b
May 26, 2026
Packet Pg. 7
10. REPORTS TO COUNCIL
a. Receive an Update Regarding Pacific Gas & Electric Company’s (PG&E) Compliance with the City’s Utility Notification Policy.
Assistant Public Works Director Tracy Scramaglia presented an update on PG&E’s compliance with the City’s Utility Notification Policy and outlined the proposed modifications to the Policy that PG&E has agreed to. She and City Attorney Greg Rubens responded to Council questions.
Public Comment
- Daniel Mzzean, resident, shared his experience with the delay PG&E had on his project.
Council expressed appreciation to staff for their work and provided the following direction:
- Continue to hold PG&E accountable.
- Continue providing Council with updates on the effectiveness of the new notification policy and PG&E's compliance.
- Set a clear timeline of 30 to 60 days for PG&E to resolve the backlog of permits.
11. NEW BUSINESS
a. Consideration of Adopting a Resolution Adopting the City of San Carlos 2026 Strategic Plan.
Interim City Manager Nil Blackburn presented on the proposed 2026 Strategic Plan and highlighted key changes to the objectives under each goal.
Council directed staff to make the following edits to the Strategic Plan’s work plan:
- Housing Goal - Objective 2, Action 2: Add the F Street Project. - Mobility, Traffic and Transportation Infrastructure Goal – Objective 3, Action 2b: Provide additional detail regarding the Crestview Drive Pilot Improvements Project. - Mobility, Traffic and Transportation Infrastructure Goal – Objective 6, Item e: Include greater specificity, including the names of schools and number of visits. - Remove ongoing routine items from the work plan to better emphasize strategic initiatives.
MOTION: Adopt Resolution 2026-040 Adopting the City of San Carlos 2026 Strategic Plan.
MOVER: McDowell
SECONDER: Layton
AYES: Layton, McDowell, Venkatesh
NAYS: None
ABSENT: Rak, Dugan
RESULT: Motion Passed 3 – 0 – 2
12. AGENDA SETTING
a. Consideration of Agendizing an Informational Item to Provide a Breakdown on the Cost of Downtown Project Phase 1B.
Council Member Layton requested that an item be agendized to review the costs associated with Phase 1B of the Downtown Project to provide additional transparency.
Council Member McDowell and Mayor Venkatesh concurred on the importance of transparency and requested that the information be presented once the numbers are more definitive.
9.b
May 26, 2026
Packet Pg. 8
b. Consideration of Agendizing an Item to Discuss the Walnut Street Development Proposed by MidPen Housing and San Mateo County.
This item was deferred, as Council Member Dugan, who submitted the request, was absent.
13. ADJOURNMENT
Mayor Venkatesh adjourned the meeting at 8:20 p.m.
Crystal Mui,
City Clerk
9.b
May 26, 2026
Packet Pg. 9
San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Special Meeting
Collaboration Room, City Hall
600 Elm Street, San Carlos, CA 94070
April 27, 2026 6:15 PM
MINUTES
ROLL CALL
City Council Present: Pranita Venkatesh, Mayor
Adam Rak, Vice Mayor
John Dugan, Councilmember
Neil Layton, Councilmember – arrived at 6:23 p.m.
Sara McDowell, Councilmember
Staff Present: Nil Blackburn, Interim City Manager
Rebecca Mendenhall, Administrative Services Director
Angie Rodriguez, Human Resources Manager
Samantha Copsey, Deputy City Clerk
Marc Zafferano, Acting City Attorney
1. CALL TO ORDER
Mayor Venkatesh called the meeting to order at 6:15 p.m.
2. PUBLIC COMMENT
None.
3. CLOSED SESSION
a. Conference with Labor Negotiators Blackburn, Cue, Mendenhall, Rodriguez and Zafferano (Closed Session Pursuant to Government Code Section 54957.6) Local 829 American Federation of State, County and Municipal Employees (“AFSCME”) Unit.
b. Conference with Legal Counsel – Existing Litigation (Closed Session Held Pursuant to Government Code Section 54956.9(A)); Gabb vs. City of San Carlos, San Mateo Superior Court Case No. 23-CIV-05608.
4. REPORT FROM CLOSED SESSION
None.
5. ADJOURNMENT
The meeting adjourned at 6:55 p.m.
Crystal Mui
City Clerk
9.c
May 26, 2026
Packet Pg. 10
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CITY COUNCIL
STAFF REPORT
MEETING DATE: May 26, 2026
ITEM TITLE: Adopt a Resolution Approving Amendment 1 to the Law Enforcement Services Agreement with the San Mateo County Sheriff's Office, Including the Fiscal Year 2026-27 Payment of $14,455,499; Offset by the CalPERS Unfunded Actuarial Accrued Liability Credit in the Amount of $2,059,325, and Offset by the Approval of the Use of Prior Year Savings in the Amount of $700,000 for Police Services.
RECOMMENDATION:
Staff recommend that the City Council adopt a Resolution approving Amendment 1 to the Law Enforcement Services Agreement with the San Mateo County Sheriff's Office, including the fiscal year (FY) 2026-27 payment of $14,455,499; offset by the CalPERS unfunded actuarial accrued liability (UAAL) credit in the amount of $2,059,325, and offset by the approval of the use of prior year savings in the amount of $700,000 for Police Services.
FISCAL IMPLICATIONS:
There are no fiscal implications, and no additional funding is needed.
Each year, the City Council considers for approval an amendment to Exhibit B (“Cost of Services”) of the Agreement with the County of San Mateo for Law Enforcement Services (“Agreement”).
The total charges for FY 2026-27 are $14,455,499. This is an increase of $1,009,491, or 7.5%, from last year.
Per Section 3.5 of the Agreement, the total contract will be credited by the amount paid to CalPERS for retirement obligations from the former police department, which total $2,059,325.
As per Section 3.1.2 of the Agreement, if the actual costs of services are less than the calculated totals in Exhibit B-1, the excess amount will be set aside to be used at the City’s discretion. In FY 2025-26, the City utilized $250,000 of this account to offset the contracted costs in the last fiscal year. As of December 31, 2025, the balance in this account is $2,533,488.
In summary, the contract amount will be funded from the following sources in the Adopted FY 2026-27 Operating Budget:
Fund Account Number Total Amount
General Fund (1) 01413000-520320-PDOSR $11,296,174
General Fund (2) 01413000-512004-PDOSR $2,059,325
General Fund (3) 01413000-520320-SCDSU $250,000
Police Grants Fund 17000000-520320 $150,000
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May 26, 2026
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San Carlos Trust Fund Prior Year Savings $700,000
Total Agreement Amount $14,455,499
The funding sources are as follows:
1.General Fund Account 01413000-520320-PDOSR is the primary account used to pay for police services. It is budgeted based on the contractual obligations that the Council approves on an annual basis.
2.General Fund Account 01413000-512004-PDOSR is the primary account used to pay for the unfunded liabilities of the former police department. The amount budgeted is based on the CalPERS actuarial reports.
3.General Fund Account 01413000-520320-SCDSU is the account that was created to track the charges associated with the Downtown Services Unit, or the Laurel Street Policing Program; and
4.Police Grant Fund 17000000-520320-PDOSR is a restricted account that can only be used for front line municipal services. This account is being used to fund additional traffic enforcement in the amount of $100,000 and Driving Under the Influence (DUI) enforcement totaling $50,000.
BACKGROUND:
On June 23, 2025, the City Council approved a five-year renewal of the Agreement with the County of San Mateo for Law Enforcement Services to be performed by the San Mateo County Sheriff’s Office (“Sheriff’s Office”).
The City’s agreement with the Sheriff’s Office includes police management, patrol, investigation, traffic enforcement, community and school services, and support service components. The Agreement maintains minimum staffing levels for patrol and provides for quick response times.
The Agreement originally went into effect on October 31, 2010, and the current contract will expire on June 30, 2030.
ANALYSIS:
Each year, the Sheriff’s Office prepares a total budget outlining the anticipated costs for service.
The Proposed FY 2026-27 budget was prepared and provided to the City by the Sheriff’s Office on March 20, 2026. The three major categories of expenses include:
1. Personnel costs. Salaries and benefits associated with staff providing investigative services, patrol, traffic enforcement, and direct administrative services
2. Direct operating expenses. Costs associated with operational activities such as vehicle and equipment replacement expenses, training, software, and general supplies
3. Support services. Costs associated with technical services, records and evidence management, fiscal services, and personnel and human resources services The retirement rates reflected in the current Agreement with the Sheriff’s Office are calculated using the San Mateo County’s employer contribution rates. This rate is comprised of a normal cost and a component of the County’s UAAL component. The UAAL is the difference between the actuarial accrued liability for current and future retirees and the value of assets accumulated to finance the County’s pension obligations. In brief, the UAAL is the shortfall between pension promises and the value of assets.
9.d
May 26, 2026
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Although the San Carlos Police Department was disbanded, CalPERS retains pension trust responsibilities and the administration of accrued liabilities for the City’s safety members up to the time the Agreement took effect. For this reason, the City is also required to continue funding its existing CalPERS UAAL. Since the original Agreement required the City to compensate the Sheriff’s Office for the fully loaded retirement costs, the City was in effect making double UAAL payments. City staff worked with San Mateo County representatives and requested relief from the UAAL component of the County’s retirement rates, resulting in a credit that is applied to the Agreement on an annual basis. For FY 2026-27, this amount is $2,059,325.
The Agreement also reflects the following:
Funding in the amount of $100,000 for additional resources to help fund traffic enforcement and address traffic complaints; and
Funding in the amount of $250,000 for the Downtown Services Unit, or Laurel Street Policing Program; and
Services in the amount of $50,000 for DUI enforcement.
The increase in the Agreement of $1,009,491, or 7.5%, from last year is based on the following factors:
1.Compensation Changes. Personnel costs account for 81% of the total Agreement. The increase of $659,907, or 6.0%, is attributed to increases associated with health and retirement benefits, experience and specialty pay, POST pay, workers compensation, overtime, and cost of living adjustments.
2.Operating Costs. The increase of $349,584, or 14.6%, is primarily due to modest increases for various supplies, equipment, vehicle replacement cost, and training. Support Services represent technical, records and evidence management, training, range, fiscal services, and human resources support provided by the Sheriff’s Office. Costs increased due to salary and benefit agreement adjustments, higher liability insurance premiums, and increases in workers compensation insurance rates. Vehicle replacement costs have increased due to higher vehicle utilization and a change in the replacement methodology based on current replacement costs rather than historical purchase cost.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution approving Amendment 1 to the Law Enforcement Services Agreement with the San Mateo County Sheriff's Office, including the FY 2026-27 payment of $14,455,499; offset by the CalPERS UAAL credit in the amount of $2,059,325, and offset by the approval of the use of prior year savings in the amount of $700,000 for Police Services; or
2. Do not adopt a Resolution; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Rebecca Mendenhall, Administrative Services Director
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May 26, 2026
Packet Pg. 13
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Approved for submission by:
__________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):
1. Resolution
2. Proposed San Carlos Amendment One
3. San Carlos Law Enforcement Services FY 2026-27 Budget
4. San Mateo County Law Enforcement Contract Operating Costs
9.d
May 26, 2026
Packet Pg. 14
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RESOLUTION NO. 2026 – ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROVING AMENDMENT 1 TO THE LAW ENFORCEMENT SERVICES AGREEMENT WITH THE SAN MATEO COUNTY SHERIFF’S OFFICE, INCLUDING THE FISCAL YEAR 2026-27 PAYMENT OF $14,455,499; OFFSET BY THE CALPERS UNFUNDED ACTUARIAL ACCRUED LIABILITY CREDIT IN THE AMOUNT OF $2,059,325; AND OFFSET BY THE APPROVAL OF THE USE OF PRIOR YEAR SAVINGS IN THE AMOUNT OF $700,000 FOR POLICE SERVICES.
WHEREAS, the City of San Carlos provides police services to citizens and properties within its jurisdiction; and
WHEREAS, on June 23, 2025, the City Council of the City of San Carlos approved an Agreement with the County of San Mateo (“Agreement”) for law enforcement services within the city of San Carlos through June 30, 2030; and
WHEREAS, the San Mateo County Sheriff’s Office will adjust the rates set forth in Exhibit B and Exhibit B-1 to the Agreement on an annual basis; and WHEREAS, the Draft Exhibit B-1 includes the budget proposed by the San Mateo County Sheriff’s Office based on their estimated costs for fiscal year (FY) 2026-27; and WHEREAS, under Section 3.1.2 of the Agreement, the City has accumulated prior year savings in the amount of approximately $2 million, and $700,000 of those funds can be used to offset the costs of this Agreement.
NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby approves Amendment 1 to the Law Enforcement Services Agreement with the San Mateo County Sheriff’s Office, including the FY 2026-27 payment of $14,455,499; offset by the CalPERS Unfunded Actuarial Accrued Liability credit in the amount of $2,059,325; and offset by the use of prior year savings in the amount of $700,000 for police services, and authorizes the City Manager to execute the Agreement on behalf of the City.
BE IT FURTHER RESOLVED that the City Manager is authorized to approve nonsubstantive changes to the Agreement consistent with the Council action, subject to approval by the City Attorney.
* * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 26th day of May 2026, by the following vote:
AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
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4 1
2 0
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
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AMENDMENT NO. 1
TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE COUNTY OF SAN MATEO AND CITY OF SAN CARLOS
This AMENDMENT ONE, entered into on the 30th day of June, 2026, by and between the CITY OF SAN CARLOS, a general law city in the County of San Mateo, State of California, hereinafter referred to as "City" and the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter referred to as "County.”
W I T N E S S E T H
WHEREAS, on August 12, 2025, the City and County entered into an Agreement (Resolution No. 081373) for the performance of the agreed upon law enforcement services within its boundaries by the County through the Sheriff; and WHEREAS, Resolution No. 081373 authorizes the Sheriff or Sheriff’s designee to accept or execute notices, documents, and amendments associated with this Agreement; and WHEREAS, the parties now wish to further amend the Agreement to revise Exhibit A, Services; delete Exhibit A-1, Selection of Personnel; and incorporate the FY 2026-27 Rates and Payments set forth in Exhibit B.
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. “Exhibit A – Services” to the Agreement is hereby deleted in its entirety and replaced with “Exhibit A – Services (Revised July 2026)” which consolidates Exhibit A and Exhibit A-1 into a single Exhibit and is attached hereto and incorporated herein by reference.
2. “Exhibit A-1 – FY 2025-26 Assignment/Selection of Personnel” to the Agreement is hereby deleted in its entirety.
3. “Exhibit B – FY 2025-26 Payments and Rates” to the Agreement is hereby deleted in its entirety and replaced with “Exhibit B – FY 2026-27 Rates/Payments” and is attached hereto and incorporated herein by reference.
4. This Amendment One is hereby incorporated and made a part of the original Agreement and subject to all provisions therein. All other terms of the original Agreement not in conflict with Amendment One remain in effect and are incorporated by reference.
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AMENDMENT NO. 1 | AGREEMENT FOR LAW ENFORCEMENT SERVICE COUNTY OF SAN MATEO | CITY OF SAN CARLOS Page 2 of 10 IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.
COUNTY OF SAN MATEO
A Political Sub-division of the
State of California
BY:
SHERIFF KENNETH BINDER
DATE:
CITY OF SAN CARLOS
BY:
KATHY KLEINBAUM, CITY MANAGER
DATE:
APPROVED AS TO FORM
CITY ATTORNEY
ATTEST:
BY:
CITY CLERK
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AMENDMENT NO. 1 | AGREEMENT FOR LAW ENFORCEMENT SERVICE COUNTY OF SAN MATEO | CITY OF SAN CARLOS Page 3 of 10
EXHIBIT A SERVICES
(Revised July 2026)
Agreement for Law Enforcement Services between the
County of San Mateo and City of San Carlos
In consideration of the payments set forth in Exhibit B, County shall provide City with the following services:
1. DESCRIPTION OF SERVICES PROVIDED BY COUNTY.
1.1 LAW ENFORCEMENT SERVICES.
1.1.1 The County agrees, through the Sheriff of the County of San Mateo (hereinafter referred to as “Sheriff”), to provide general law enforcement services within the corporate limits of the City to the extent and in the manner hereinafter set forth in this Agreement.
1.1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff under the County Charter, the statutes of the State of California, and under the City municipal codes.
1.1.3 General law enforcement services performed hereunder may include, if requested, by the City, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff.
1.2 SUPPORT SERVICES.
1.2.1 Administrative staff provided to City, as outlined in Exhibit A, will provide general administrative support and will perform the services necessary for the collection of Abandoned Vehicle Recovery Fees and Alarms Permits & Response Fees.
1.2.2 Alarm Permit & Response Fees. City shall remain responsible for the actual billing and collection of Alarms Permit and Response revenue.
Administrative staff will maintain and forward the necessary information to City’s Finance Department for the billing and collection of said revenue upon request of City.
1.2.3 Records Fees. County’s Sheriff’s Records Bureau will perform the services necessary and collect fees on behalf of City for the following:
• Vehicle Release Fee
• Accident Reports
• Crime Reports
• Good Conduct Letter
2. ADMINISTRATION OF PERSONNEL.
2.1 The rendition of the services performed by the Sheriff’s Office, the standards of performance, the discipline of personnel, and other matters incident to the
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AMENDMENT NO. 1 | AGREEMENT FOR LAW ENFORCEMENT SERVICE COUNTY OF SAN MATEO | CITY OF SAN CARLOS Page 4 of 10 performance of such services and the control of personnel so employed shall remain with the County.
2.2 In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or level of services or manner of performance of such services, the Sheriff and the City shall meet and confer to resolve such disputes.
2.3 All City employees who work in conjunction with the Sheriff’s Office pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement.
2.4 The City shall not be called upon to assume any liability for the direct payment of any Sheriff’s Office salaries, wages, or other compensation to any County personnel performing services hereunder for said City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury, disability or illness arising out of services provided under this Agreement.
3. DEPLOYMENT OF PERSONNEL.
3.1 Services performed hereunder shall be developed in conjunction with the Sheriff and detailed in Exhibit A.
3.2 An updated/revised Exhibit A shall be signed and authorized annually by the City and the Sheriff or Sheriff’s designee before each July 1, and attached hereto as an amended Exhibit A.
4. REPORTS.
4.1 The Sheriff or Sheriff’s designee shall report periodically to the City Council, at the City Manager’s discretion, all violations of law within its borders coming to the Sheriff’s attention. Quarterly statistical reports will be provided to City by the Sheriff upon request.
4.2 County shall conduct an annual community law enforcement satisfaction survey each October and report the results to City by January 1 of the following year.
5. UNIFORMS & INSIGNIA.
5.1 Personnel performing such law enforcement services as herein provided shall be in the prescribed uniform of the San Mateo County Sheriff’s Office during the performance of their duties.
5.2 Similarly, patrol vehicles used by deputies assigned to provision of services under this Agreement shall bear the markings and insignia of both the Sheriff’s Office and City’s logo. Any future changes to the markings and insignia of the San Carlos Bureau vehicles may be made by mutual agreement of the Sheriff and the City Manager.
5.3 If the City should desire any customization of uniforms or insignia relative to services provided, the City shall notify Sheriff of same, and the Sheriff in their sole
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AMENDMENT NO. 1 | AGREEMENT FOR LAW ENFORCEMENT SERVICE COUNTY OF SAN MATEO | CITY OF SAN CARLOS Page 5 of 10 discretion may decide whether it is feasible and agreeable to do so. In that case, the cost of modification to uniforms and/or insignia shall be borne by the City.
6. CITY OBLIGATIONS.
6.1 City shall furnish at its own cost and expense all necessary office space, furniture and furnishings, office supplies, janitorial service, telephone, light, water and other utilities, in order for the Sheriff to maintain a substation office in the City. The area to be utilized for the substation includes the following areas:
6.1.1 Ground floor, which supports the Patrol function of the department, will be used in its entirety by the Sheriff’s Office and includes the following:
• Briefing room
• Patrol Sergeant’s office
• Report writing room
• Evidence packaging and equipment storage area
• Booking area and suspect interview room
• Two (2) holding cells
• Single unisex restroom
• Women’s restroom and Locker (#32) Room
• Men’s restroom and Locker (#59) Room
• Kitchen/Vending area with adjacent storage room
• Secured Property/Evidence room with outer property lockers • Secured Armory
6.1.2 Main Floor which consists of:
• Three (3) offices
• Gym access
• “Meet and Greet” area for the public.
• Report Writing Workstation for officers/deputies
6.1.3 Basement (Ground Floor) Parking Area which consists of reserved area for Patrol vehicles and Sheriff’s Office staff.
6.1.4 Other areas currently used by City for storage of evidence or for other law enforcement purposes
6.1.5 County shall reimburse City One Dollar ($1) for the lease of the Substation.
6.2 It is expressly further understood that such areas may be used by the Sheriff or the County of San Mateo in connection with the performance of duties in territory outside of City and adjacent thereto.
6.3 Notwithstanding the foregoing, it is agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of City, the same shall be supplied by said City at its own cost and expense.
7. PERFORMANCE OF AGREEMENT.
7.1 For the purpose of performing said general law enforcement services, County shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the agreed level of services to be rendered hereunder.
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AMENDMENT NO. 1 | AGREEMENT FOR LAW ENFORCEMENT SERVICE COUNTY OF SAN MATEO | CITY OF SAN CARLOS Page 6 of 10
7.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services.
8. ASSIGNMENT OF PERSONNEL.
8.1 FY 2026-27 Assigned Personnel:
POSITION # of FTE
Captain 1.0
Sergeant – Day 2.0
Sergeant – Night 2.0
Sergeant – Administrative 1.0
Deputy – Day 6.0
Deputy – Night 4.0
Deputy – Motorcycle 2.0
Deputy – Canine 2.0
Deputy – Detective Services 2.0
Community Service Officers 6.0
Management Analyst 1.0
Records Technician 1.0
TOTAL # (FTE) 30.0
9. ASSIGNMENT OF SPECIFIC PERSONNEL.
9.1 In the event that the position of Captain assigned to the City (via this Agreement) needs to be filled, the Sheriff will provide City with three (3) candidates for consideration. City Manager shall select one of the three candidates.
9.2 The City Manager may request reassignment of personnel assigned to the City at any time. The Sheriff and City Manager shall meet and confer regarding the request within ten (10) days.
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AMENDMENT NO. 1 | AGREEMENT FOR LAW ENFORCEMENT SERVICE COUNTY OF SAN MATEO | CITY OF SAN CARLOS Page 7 of 10
EXHIBIT B
FY 2026-27 RATES / PAYMENTS
Agreement for Law Enforcement Services between the
County of San Mateo and City of San Carlos
In consideration of the services described in Exhibit A, City shall pay County based on the following fee schedule:
1. CHARGES FOR SERVICES.
1.1 City shall pay County for services described in this Agreement as calculated based on the formulas set forth in Section 6, Calculated Rates, attached hereto and incorporated by reference herein.
1.2 Section 6, Calculated Rates, shall be readjusted by the County annually effective July 1 of each year and attached hereto as an updated / revised Section 6.
2. INVOICING / BILLING.
2.1 On a quarterly basis in accordance with Section 3 below, Sheriff’s Office Fiscal Services Bureau shall submit an invoice to City.
2.2 Payments and questions regarding invoicing shall be directed to the Sheriff’s Office Fiscal - Invoicing at [email protected] or be mailed to:
San Mateo County Sheriff’s Office
Fiscal Services Bureau
330 Bradford Street, 5th Floor
Redwood City, CA 94063
3. PAYMENTS.
3.1 Total charges due for the period of July 1, 2026 through June 30, 2027 are $14,455,499. Invoices will be issued according to the following schedule:
Invoice Issued Basic Service UAAL Credits Adjusted Cost July 1, 2026 $ 3,613,874.83 $ (514,831.25) $ 3,099,043.58 October 1, 2026 $ 3,613,874.83 $ (514,831.25) $ 3,099,043.58 January 1, 2027 $ 3,613,874.83 $ (514,831.25) $ 3,099,043.58 April 1, 2027 $ 3,613,874.83 $ (514,831.25) $ 3,099,043.58 Total $ 14,455,499.32 $ (2,059,325.00) $ 12,396,174.32
3.2 Future Fiscal Year payments will be in accordance with the revised Calculated Rates effective July 1 of each year. Payments will be due quarterly on July 1st, October 1st, January 1st and April 1st for each subsequent year of this Agreement.
3.3 The July 1, 2026 invoice will be paid in part from the San Carlos City Interest Bearing account, which is held by the Sheriff's Office. A transfer of $700,000 will be made from the San Carlos Interest-Bearing account and will be reflected on the invoice issued July 1, 2026.
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AMENDMENT NO. 1 | AGREEMENT FOR LAW ENFORCEMENT SERVICE COUNTY OF SAN MATEO | CITY OF SAN CARLOS Page 8 of 10
4. BOOKING / MESSAGE SWITCH / FORENSIC LABORATORY FEES.
4.1 City shall not be responsible for paying Jail Access Fees, Booking Fees, Message Switch Fees or Forensic Laboratory Fees to the County.
5. JOINT POWERS AGREEMENTS.
5.1 City shall continue to be responsible for fees set forth in the Joint Powers Agreements pertaining to the Narcotics Task Force (NTF) and Department of Emergency Management (DEM).
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AMENDMENT NO. 1 | AGREEMENT FOR LAW ENFORCEMENT SERVICE COUNTY OF SAN MATEO | CITY OF SAN CARLOS Page 9 of 10
6. CALCULATED RATES.
6.1 Rates for FY 2026-27 are outlined below.
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AMENDMENT NO. 1 | AGREEMENT FOR LAW ENFORCEMENT SERVICE COUNTY OF SAN MATEO | CITY OF SAN CARLOS Page 10 of 10
6.2 The average overtime hourly rates for supplemental services described in Exhibit A (Section 1.1.3) are as follows:
San Mateo County Sheriff’s Office FY 2026-27 Hourly Rates
POSITION OVERTIME RATE
Admin Sergeant (Day) $ 238.71
Sergeant (84 Plan Day) $ 238.70
Sergeant (84 Plan Night) $ 250.64
Detective Sergeant (Day) $ 250.08
Deputy Sheriff (84 Plan Day) $ 195.31
Deputy Sheriff (84 Plan Night) $ 205.26
K-9 Deputy Sheriff (84 Plan Day) $ 205.26
K-9 Deputy Sheriff (84 Plan Night) $ 215.22
Motorcycle Deputy $ 205.26
Detective Deputy Sheriff $ 204.97
Community Services Officer II $ 68.49
Criminal Records Tech II (Day) $ 68.59
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To: Nil Blackburn, San Carlos Acting City Manager
Rebecca Mendenhall, San Carlos Administrative Services Director From: Kenneth Binder, Sheriff
Stacey Stevenson, Director of Finance
Date: March 20, 2026
Subject: FY 2026-27 Budget – San Ca rlos Law Enforcement Services
The City of San Carlos contracts with the Sheriff’s Office for law enforcement services. Each year, the Sheriff's Office prepares a budget outlining the anticipated cost for these services. Please see the attached FY 2026-27 budget which includes:
• Personnel Costs: Includes staffing associated with patrol, enforcement, investigative services, and direct administrative services.
• Operating Costs: Includes various supplies, equipment, training, vehicle expenses, and support for technical, records and evidence management, range, fiscal services, and human resources.
The total cost of basic law enforcement services is $14,455,499. The CalPERS UAAL credit reduces the total obligation by $2,059,325 for a total adjusted cost of service of $12,396,174.
The most significant activity in the budget is attributed to personnel costs of $11,708,396 and includes increases associated with health and retirement benefits, experience and specialty pay, POST pay, workers compensation, overtime, and cost of living adjustments. A breakdown of position classifications is displayed on the attached budget.
Operating costs total $2,747,103 and reflect modest increases for various supplies, equipment, and training. Support Services represent technical, records and evidence management, training, range, fiscal services, and human resources support provided by the Sheriff’s Office. The total number of all vehicle types in the fleet is 30.
As outlined in the Agreement, if revenue collected for these services exceeds the actual cost of services delivered, the excess revenue is set aside and held by the County. If the balance exceeds $1M, the amount above $1M will be returned to the City at year-end for utilization at its discretion.
Excess revenue is most often attributable to salary and benefit savings. At December 31, 2025, the balance held in this fund totaled $2,533,488.
The current contract expires on June 30, 2030. An Amendment to the Agreement outlining the cost of service for FY 2026-27 will need to be prepared and approved by the San Carlos City Council and the Sheriff's Office before June 30, 2026.
We look forward to continuing to serve the community of San Carlos and remain committed to providing outstanding law enforcement services.
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San Mateo County Sheriff's Office
San Carlos Law Enforcement Services
FY 2026-27 Budget
Position
Count
Employee
Salaries
Employee
Overtime
Employee
Benefits
Total
Expenses
FY 2026-27
BASIC LAW ENFORCEMENT SERVICES:
PERSONNEL COSTS:
Deputy Sheriff - Day 6.00 1,160,712 $ 376,673 $ 1,061,549$ 2,598,935 $ Deputy Sheriff - Night 4.00 813,237 $ 263,911 $ 737,434 $ 1,814,582 $ Deputy Sheriff - Motorcycle 2.00 406,618 $ - $ 315,935$ 722,553 $ Deputy Sheriff - Canine 2.00 416,476 $ 201,132 $ 376,150 $ 993,758 $ Investigative Deputy Sheriff-Detective 2.00 406,031 $ - $ 315,568$ 721,599 $ Sergeant - Day 2.00 472,854 $ 153,450 $ 418,666 $ 1,044,970 $ Sergeant - Night 2.00 496,507 $ 161,126 $ 436,503 $ 1,094,136 $ Sergeant - Administrative 1.00 236,432 $ 76,727 $ 216,369 $ 529,527 $
1.00 314,359$ - $ 227,297$ 541,655 $ Community Services Officer - 2 Part-time 1.00 87,095 $ 15,702 $ 65,555 $ 168,353 $ Community Services Officer 4.00 348,381 $ 62,809 $ 262,221 $ 673,412 $ Management Analyst 1.00 171,684 $ - $ 86,698$ 258,382 $ Records Technician 1.00 87,219 $ - $ 59,315$ 146,534 $ Traffic Enforcement - $ 60,000$ 40,000 $ 100,000 $ DUI Enforcement - $ 30,000$ 20,000 $ 50,000 $ Laurel Street Downtown Services Unit:
DSU-Supplemental Overtime - $ 48,988$ 32,659 $ 81,647 $ DSU-Community Services Officer 1.00 87,095 $ 15,702 $ 65,555 $ 168,353 $ PERSONNEL COSTS - TOTAL: 30.00 5,504,701$ 1,466,221 $ 4,737,474 $ 11,708,396 $ OPERATING COSTS:
Uniform Allowances 37,600$
Office Supplies & Miscellaneous Expenses 14,000$
Equipment Maintenance 53,606$
Training Expenses 34,800$
Canine Expenses 14,940$
Radio and Communications Charges 132,585$
Information Services Charges 136,673$
Vehicle Maintenance & Replacement Costs 326,013$
HR and Risk Management Service Charges 165,195$
Support Services 1,831,691$
OPERATING COSTS - TOTAL: 2,747,103$
TOTAL COST OF BASIC LAW ENFORCEMENT SERVICES: 14,455,499$ CalPERS UAAL Credit (Actual credit subject to limitations outlined in the contract) (2,059,325) $ TOTAL ADJUSTED COST OF BASIC LAW ENFORCEMENT SERVICES: 12,396,174$ Captain
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San Mateo County Sheriff's Office
Law Enforcement Contract Operating Costs
EXPENSE DESCRIPTIONS: FY 2026-27 COST FACTORS:
Uniform Allowances Budgeted expenses for employee uniform allowances as required under applicable MOUs. No changes.
Office Supplies & Miscellaneous Expenses Modest budget allocation for office supplies and miscellaneous operating expenses. No changes.
Equipment Maintenance
Includes: a) budget allocation for safety equipment
purchases deemed necessary by the Captain, Lieutenant,
or Commander, estimated at $1,065 per FTE; and b)
recurring equipment maintenance and licensing costs,
including software applications, Turbo Data maintenance, and Ticket Pro lease fees. The Sheriff's Office does not maintain a dedicated equipment replacement fund and will coordinate with the agency if significant replacement
needs arise.
Costs decreased significantly due to reclassification of certain expenses to Support Services. Maintenance and
licensing costs for items such as vehicle cameras, Axon body-worn cameras, drones, tasers, ATT mobile phones,
Evertel, Desk Officer Reporting, RIMS, and Turbo Data
have been recategorized under Support Services.
Training Expenses Budget allocation for specialty training, estimated at $1,160 per FTE. No changes.
Canine Expenses
Budget allocation for dedicated canine units, where
applicable. Includes handler stipends, canine insurance, training, and veterinary expenses.
No changes.
Radio and Communications Charges
Charges for centrally managed radio and communications
services provided by the County Technology Services
Department (TSD). Services include mobile data plans for patrol vehicles, mobile phone connectivity, radio
maintenance and repair, and connectivity to the P25 radio tower system. These charges exclude the purchase of
new radios or equipment and are direct pass-through
costs from the County TSD to departments.
Costs increased due to market price increases for
Microsoft and other software licensing used by TSD
automation services. Additional increases are driven by MOU-related salary and benefit adjustments, radio shop
facility cost increases, higher Motorola software
agreement costs, and the loss of one-time funding
previously used to offset expenses.
Technology Services Charges
Charges for centrally managed infrastructure services
provided by the County Technology Services Department
(TSD), including network and information security,
telephony, data ccenter, and service desk support, and
software licenses such as Microsoft Suite and Adobe.
These charges are direct pass-through costs from County TSD to departments.
Slight increase due to higher annual renewal costs for
software licenses and maintenance.
Vehicle Maintenance and Replacement Costs
Costs for centrally managed vehicle services provided by the County Department of Public Works (DPW). This
includes fuel, direct-bill vehicle mileage charges, and annual vehicle replacement charges and are direct pass- through costs from the County DPW to departments. The
vehicle replacement fund is maintained and managed by
the County DPW.
Costs increased due to higher vehicle utilization and a change in the vehicle replacement cost methodology.
Previously, replacement costs were based on initial
purchase price with an assumed 3% annual CPI increase.
Due to significant vehicle price inflation, the new
methodology bases the annual replacement rate on
current replacement costs rather than the original
purchase price. Costs will fluctuate based on vehicle
replacement timing and schedule.
HR and Controller's Office Services Charges
Charges for HR, Risk Management, and Controller's
Office support services, including general liability, bond, auto liability insurance, and enterprise financial system costs allocated to departments. Insurance rates are
established by County Risk Management and fluctuate
based on market conditions and claims experience. These costs are direct pass-through charges from County HR
and the Controller's Office.
Costs increased due to higher auto liability insurance
premiums driven by recent claims experience, as well as increases in Workers' Compensation insurance rates.
Support Services Charges
Cost allocation for centralized support services including technical support, records management, training
coordination, property and evidence management, range
operations, fiscal services, and human resources support.
Costs increased due to MOU-driven salary and benefit
adjustments and the reclassification of certain expenses from Equipment Maintenance to Support Services.
OPERATING COST CATEGORY:
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CITY COUNCIL
STAFF REPORT
MEETING DATE: May 26, 2026
ITEM TITLE: Adopt a Resolution Authorizing the Execution of an Amendment to the Animal Control Services Agreement between the County of San Mateo and the City of San Carlos for a Three-Year Term Beginning July 1, 2026.
RECOMMENDATION:
Staff recommend that the City Council adopt a Resolution authorizing the execution of an amendment to the Animal Control Services Agreement between the County of San Mateo and the City of San Carlos for a three-year term beginning July 1, 2026.
FISCAL IMPLICATIONS:
There is no fiscal impact, and no additional appropriation is needed. Costs for the Animal Control Services Agreement are already included in the City’s annual operating budget. The City’s estimated share of the cost in fiscal year (FY) 2026-27 is $166,101.
BACKGROUND:
Animal control has been one of the longest running regional shared services in San Mateo County.
Since 1952, the County of San Mateo County (“County”) has contracted with the Peninsula Humane Society & SPCA (“PHS”) for animal control field and sheltering service. PHS provides animal control services in a County-owned 45,000 square foot building at 12 Airport Boulevard in San Mateo.
The mandated animal control service functions which occur at the Airport Boulevard facility include, receiving and housing stray animals; serving as the location for the public when looking for lost pets or surrendering animals; sheltering animals; offering a spay/neuter clinic; and, serving as a vaccination clinic. For public convenience, licensing, micro-chipping, veterinary care and animal behavior work, and field services staff are at this location and respond to calls for service in the community.
All 20 cities in the County have, in turn, contracted with the County for these services. Historically, cities have taken advantage of the economies of pooling resources in order to realize lower costs for services than each city could likely achieve by providing its own services.
On June 2, 2021, the City of San Carlos (“City”) entered into a five-year agreement with the County titled, “Agreement Between the County of San Mateo 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 for Facilitation and Coordination of Animal Control Services”
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(“Agreement”) for a term beginning July 1, 2021 and ending June 30, 2026. The Agreement is included as Attachment 4 to this staff report.
Under the Agreement, each city pays its proportional share of costs and administrative fees to the County on an annual basis.
ANALYSIS:
The Agreement between the City and the County is set to expire on June 30, 2026. As such, the County has proposed the attached amendment to extend the Agreement for a three-year term set to expire on June 30, 2029, included as Attachment 2 (“Amendment”).
The Amendment aligns with the agreement between the County and PHS, which includes updates to the following key sections:
Section 4.1a: PHS/SPCA Contract Amount (fees increase 2.6% per year) Section 4.1b: Contract Date for Animal Licensing Vendor Section 4.2: Administrative Services Amounts (fees increase 3.0% per year) According to Attachment 3, titled “Estimate - FY 2026-27 Animal Control Costs,” San Carlos’ estimated share of fees for fiscal year 2026-27 is $166,101.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution authorizing the execution of an amendment to the Animal Control Services Agreement between the County of San Mateo and the City of San Carlos for a three-year term beginning July 1, 2026; or
2. Do not adopt a Resolution; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Nil Blackburn, Assistant City Manager
Approved for submission by:
_________________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):
1. Resolution
2. Proposed Amendment
3. Estimate – FY 26-27Animal Control Costs
4. 2021 Agreement
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RESOLUTION NO. 2026 – ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ANIMAL CONTROL
SERVICES AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITY OF SAN CARLOS FOR A THREE-YEAR TERM BEGINNING JULY 1, 2026.
WHEREAS, the County of San Mateo (“County”) has contracted with the Peninsula Humane Society (“PHS”) since 1952 for animal control services, and the twenty cities in San Mateo County have in turn contracted with the County for the provision of such services; and
WHEREAS, on May 24, 2021, the City of San Carlos (“City”) adopted Resolution 2021- 039 authorizing the City Manager to execute an Animal Control Services Agreement (“Agreement”) with the County of San Mateo for continued provision of animal control services for a five-year term beginning on July 1, 2021; and
WHEREAS, the County and City now wish to enter into an amendment for a three-year contract extension of the Agreement beginning July 1, 2026 and ending June 30, 2029.
NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby authorizes the execution of an amendment to the Animal Control Services Agreement between the County of San Mateo and the City of San Carlos for a three-year term beginning July 1, 2026. * * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 26th day of May 2026, by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
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Amendment Template Version May 2021
AMENDMENT TO AGREEMENT
BETWEEN THE COUNTY OF SAN MATEO AND the Cities
THIS AMENDMENT TO THE AGREEMENT, entered into this ___________. 20___, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and 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 hereinafter individually called a “City” and collectively called "Cities".
W I T N E S S E T H:
WHEREAS, such agreements are authorized and provided for by Section 51300, et seq. of the California Government Code and under the Parties respective police powers; WHEREAS, the Cities and County, hereinafter collectively called "Parties", entered into an Agreement for animal care and control, shelter services and animal licensing, in which the County agrees to facilitate provision of and the Cities agree to reimburse the County for the costs of specified animal care and control, shelter services, and animal licensing hereinafter set forth, as they have done for over 70 years with the current Agreement expiring on June 30, 2021; and
WHEREAS, in order to facilitate coordinated countywide system of animal care and control, shelter services, and animal licensing as desired by Cities, County is agreeable to facilitating the provision of such services on the terms and conditions as hereinafter set forth; and
WHEREAS, On June 6, 2021, the Cities entered into an agreement with the County to facilitate and coordinate animal control and licensing on a countywide basis on behalf of the Cities and County for a term of 5 years ending on June 30, 2026.
WHEREAS, the Cities and County wish to amend the Agreement to extend the term up to June 30, 2029.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
1. Section 2 Definitions under 2.3 Animal Control Program of the agreement is amended to read as follows:
2.3 Animal Control Program: The program within the County Health, or County’s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal control within the territorial limits of the County.
Section 2 Definitions under 2.6 Animal Licensing Service of the agreement is amended to read as follows:
2.6 Animal Licensing Program: The program within the San Mateo County Health, or County‘s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal licensing within its jurisdiction
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Section 2 Definitions under 2.9 Holidays of the agreement is amended to read as follows:
2.9 Holidays: Federally designated holidays with the addition of Easter and exclusion of Columbus Day/Indigenous Peoples' Day, in accordance with the Animal Control Contractor’s and Animal Licensing Contractor’s existing labor contracts
Section 3 Each City's Responsibilities under 3.3 Designation of Animal Control & License Revenue Collector of the agreement is amended to read as follows:
3.3 Designation of Animal Control & License Revenue Collector. Each City hereby designates County Health or County’s designated contractor as the entity authorized to collect, at Cities’ cost, animal control and licensing revenue on the part of each City
Section 4 County Responsibilities under 4.1.a of the agreement is amended to read as follows:
4.1.a The County will pay Animal Control Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above.
Fiscal Year Amount
2021-22 $6,189,290.95
2022-23 $6,327,480.28
2023-24 $6,499,455.67
2024-25 $6,674,024.00
2025-26 $6,858,739.01
2026-27 $7,037,138.11
2027-28 $7,220,177.44
2028-29 $7,407,977.72
Section 4 County Responsibilities under 4.1.b of the agreement is amended to read as follows:
4.1.b The County will pay Animal Licensing Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above (the table in 4.2 includes the payment for the contract Petdata for approximately $1,096,827 which will end on June 30, 2027).
Current Contract
2016-2021
Amount
One year license $4.28 per license
Multi-year license $4.28 for the first year and $2 for each additional year Late fees collected $2.50 collection service fee for each license Replacement tags $4.28 per tag
Bank and supply fees Actual cost
Section 4 County Responsibilities under 4.2 of the agreement is amended to read as follows:
4.2 The County shall provide the administrative services as outlined in this Agreement for the following estimated amounts to be charged to and paid by the Cities. Costs may vary as labor negotiations and internal service charges are negotiated at a Countywide level. Cities will only be invoiced for the actual costs to provide said services as outlined in this Agreement and are to be reimbursed by the Cities as provided in Section 3.7 above.
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Fiscal Year Amount
2021-22 $790,835
2022-23 $790,375
2023-24 $814,086
2024-25 $822,227
2025-26 $846,894
2026-27 $872,301
2027-28 $898,470
2028-29 $925,424
Section 4 County Responsibilities under 4.3.j of the agreement is amended to read as follows:
Section 4 County Responsibilities under 4.3.j has been removed from the agreement.
Section 5 General Provisions under 5.8 Term and Termination of the agreement is amended to read as follows:
5.8 Term and Termination. Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2021 through June 30, 2029.
Except as otherwise provided by this section, this Agreement may not be terminated by any party during the effective period from July 1, 2021 through June 30, 2026. Each City is responsible for its annual percentage share under this Agreement for the entire term of this Agreement.
In the event any City fails to pay its percentage share as set forth in this Agreement and Exhibit B, every other City shall promptly pay its Proportionate Share of Cost of the non-payment, unless and until the County is able to recover the non-payment from the late or non-paying City.
This Agreement shall automatically terminate in the event of termination of the Animal Control Services Agreement. Upon termination, the County shall have no further obligation to provide, facilitate or coordinate services specified herein or in the Animal Control Services Agreement or Animal Licensing Services Agreement. Each City shall promptly pay its Proportionate Share of Cost as set forth in Exhibit B for all services rendered prior to termination.
Section 5 General Provisions under 5.15 Notices of the agreement is amended to read as follows:
5.15 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.
Any notices required by or given pursuant to this Agreement to any City shall be in writing and shall be delivered to the Clerk of that City at the address of the principal business offices of the respective City listed in the introduction of this Agreement or at such other address as any City may specify in writing to the County.
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In the case of County, to:
Name/Title: Lori Morton-Feazell, Program Manager of Animal Control and Licensing Address: 1600 W. Hillsdale Blvd San Mateo, CA 94402
Telephone: 650.573.2623
Email: [email protected]
4. All other terms and conditions of the agreement dated [Enter information here], between the County and Contractor shall remain in full force and effect.
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IN WITNESS WHEREOF, the Board of Supervisors of the County of San Mateo has authorized and directed the Health System Chief to execute this Agreement for and on behalf of the County of San Mateo. 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 its duly authorized officer and attested by its Clerk.
For County:
COUNTY OF SAN MATEO
By:
President, Board of Supervisors, San Mateo County
Date:
ATTEST:
By:
Clerk of Said Board
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_____________________________
Dated:
ATTEST:
_____________________________
Town of Atherton, Clerk
TOWN OF ATHERTON
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of Belmont, Clerk
CITY OF BELMONT
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of Brisbane, Clerk
CITY OF BRISBANE
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of Burlingame, Clerk
CITY OF BURLINGAME
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
Town of Colma, Clerk
TOWN OF COLMA
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of Daly City, Clerk
CITY OF DALY CITY
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of East Palo Alto, Clerk
CITY OF EAST PALO ALTO
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of Foster City, Clerk
CITY OF FOSTER CITY
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of Half Moon Bay, Clerk
CITY OF HALF MOON BAY
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
Town of Hillsborough, Clerk
TOWN OF HILLSBOROUGH
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of Menlo Park, Clerk
CITY OF MENLO PARK
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of Millbrae, Clerk
CITY OF MILLBRAE
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of Pacifica, Clerk
CITY OF PACIFICA
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
Town of Portola Valley, Clerk
TOWN OF PORTOLA VALLEY
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of Redwood City, Clerk
CITY OF REDWOOD CITY
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of San Bruno, Clerk
CITY OF SAN BRUNO
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of San Carlos, Clerk
CITY OF SAN CARLOS
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of San Mateo, Clerk
CITY OF SAN MATEO
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
City of South San Francisco, Clerk
CITY OF SOUTH SAN FRANCISCO
___________________________
by
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_____________________________
Dated:
ATTEST:
_____________________________
Town of Woodside, Clerk
TOWN OF WOODSIDE
___________________________
by
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ESTIMATE - FY 2026-27 ANIMAL CONTROL COSTS
26-27 Year Control rev
less control & licensing
exp less licensing rev
CY 2025 licensing
revenue
TOTAL OF AC&L Rev
less exp
$6,617,109 $1,101,147 $7,718,256
CITY Service Level Service Level Service Level Animals Service Level Estimated Estimated CY 2025 Licensing Revenue Adjusted Percentage Percentage Services Received Percentage 2026-2027 2026-27 Percent Percent Distribution 2026-2027 City Cost
CY 2023 Actual CY 2024 Actual CY2025 CY2025 CY 2025 Actual Before subtracting license
revenue % of total revenue
Licensing Revenue
Collected
Atherton 1.05% 0.94% 1.35% 0.71% 0.97% 0.99% $76,167 1.18% 13,044$ $63,123 Belmont 3.04% 2.79% 3.73% 2.60% 3.07% 2.96% $228,613 4.43% 48,834$ $179,779 Brisbane 0.58% 0.73% 0.94% 0.66% 0.77% 0.69% $53,623 0.64% 6,993$ $46,630 Burlingame 3.95% 3.96% 3.96% 3.81% 3.87% 3.92% $302,910 4.93% 54,310$ $248,600 Colma 0.38% 0.34% 0.72% 0.38% 0.52% 0.41% $31,915 0.17% 1,915$ $30,000 Daly City 9.68% 9.66% 8.59% 10.92% 9.97% 9.77% $753,974 7.44% 81,913$ $672,061 East Palo Alto 9.68% 8.16% 6.55% 11.34% 9.38% 9.07% $700,262 0.96% 10,579$ $689,683 Foster City 2.74% 2.85% 3.72% 2.48% 2.99% 2.86% $220,807 3.86% 42,528$ $178,279 Half Moon Bay 1.96% 1.78% 2.23% 1.04% 1.53% 1.76% $135,513 2.85% 31,336$ $104,177 Hillsborough 1.05% 1.21% 1.61% 0.66% 1.05% 1.10% $85,240 2.45% 26,975$ $58,265 Menlo Park 5.11% 5.50% 5.11% 5.55% 5.37% 5.33% $411,227 3.74% 41,223$ $370,004 Millbrae 2.05% 2.07% 1.73% 2.69% 2.30% 2.14% $165,058 2.80% 30,816$ $134,242 Pacifica 4.16% 4.43% 5.30% 3.59% 4.29% 4.30% $331,607 8.39% 92,424$ $239,183 Portola Valley 0.49% 0.57% 0.97% 0.14% 0.48% 0.51% $39,525 1.48% 16,292$ $23,233 Redwood City 12.19% 11.83% 11.77% 12.31% 12.09% 12.04% $929,037 11.93% 131,347$ $797,690 San Bruno 5.28% 5.60% 4.43% 5.96% 5.33% 5.41% $417,198 5.77% 63,518$ $353,681 San Carlos 2.80% 2.94% 3.61% 2.72% 3.08% 2.94% $226,922 5.52% 60,821$ $166,101 San Mateo 15.03% 15.19% 12.64% 15.86% 14.54% 14.92% $1,151,582 15.27% 168,156$ $983,426 S. San Francisco 8.62% 8.41% 7.86% 9.22% 8.66% 8.56% $660,900 7.45% 82,084$ $578,816 Woodside 1.02% 1.10% 1.34% 0.45% 0.81% 0.98% $75,527 1.40% 15,434$ $60,093 County 9.14% 9.96% 11.83% 6.90% 8.92% 9.34% $720,649 7.32% 80,605$ $640,044 Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% $7,718,256 100.00% $1,101,147 $6,617,109 ESTIMATE - FY 2026-27 Animal Control Costs -
calculating Field @ 41% & Shelter @ 59% over 3 years and using past calendar year license revenue per city as of 4/16/2026
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1 AGREEMENT BETWEEN THE COUNTY OF SAN MATEO 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 FOR FACILITATION AND
COORDINATION OF ANIMAL CONTROL SERVICES
THIS FACILITATION AND COORDINATION OF ANIMAL CONTROL
SERVICES AGREEMENT, hereinafter called “Agreement”, entered into this first day of July , 2021, by and between the COUNTY OF SAN MATEO, hereinafter called “County,” and 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 hereinafter individually called a “City” and collectively called the “Cities”;
WITNESSETH
WHEREAS, the Cities have passed and are responsible for enforcing local ordinances governing the regulation, licensing and impounding of certain animals within the territorial limits of the Cities; and
WHEREAS, the Cities and County, hereinafter collectively called “Parties”, wish to enter into a written a greement for animal care and control, shelter services, and animal licensing, in which the County agrees to facilitate provision of and the Cities agree to reimburse the County for the costs of specified animal care and control, shelter services, and animal licensing hereinafter set forth, as they have done for over 70 years with the current Agreement expiring on June 30, 2021; and
WHEREAS, in order to facilitate coordinated countywide system of animal care and control, shelter services, and animal licensing as desired by Cities, County is agreeable to facilitating the provision of such services on the terms and conditions as hereinafter set forth; and
WHEREAS, the Cities desire the County facilitate and coordinate animal control and licensing on a countywide basis on behalf of the Cities and County for a term of 5 years ending on June 30, 2026; and
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2 WHEREAS, such agreements are authorized and provided for by Section 51300, et seq. of the California Government Code and under the Parties respective police powers.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES
HERETO AS FOLLOWS:
1. Exhibits and Attachments
The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference:
Exhibit A— Contract Areas
Exhibit B— Proportionate Share of Cost
Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA
Attachment 2 - Agreement between County of San Mateo and PetData Inc.
Attachment 3 - Memorandum of Agreement Regarding Funding For Construction Of An Animal Care Shelter
2. Definitions
2.1 Administrative Costs : The actual costs , including, but not limited to, salaries, benefits, dispatch, and equipment maintenance, incurred by the County to administer the Animal Control Program and Animal Licensing Program as outlined in this Agreement in an effort to facilitate a coordinated countywide system.
2.2 Animal Control Contractor : The contractor selected as set forth in Section 5.2 of this Agreement, which is specifically charged with providing services and enforcing laws relating to h animal care and control, shelter services and animal licensing within the territorial limits of the C ounty and the Cities and pursuant to the terms of this Agreement.
2.3 Animal Control Program: The program within the Health System of the County, or County ’s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal control within the territorial limits of the County.
2.4 Animal Control Services Agreement or Services Agreement:
Agreement in which the Animal Control Contractor agrees to perform on behalf of Parties and the County agrees to compensate, using County and City funds, the Animal Control Contractor for performance of certain
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3 specified animal care, animal control, and shelter services as provided for in this Agreement.
2.5 Animal Licensing Contractor: The contractor as set forth in Section
5.2 of this Agreement , which is specifically charged with administering and enforcing laws dealing with animal licensing within the territorial limits of the County and the Cities and pursuant to the terms of this Agreement.
2.6 Animal Licensing Program: The program within the Health System of the County , or County‘s designated contract agent, or both, or such other agency as the County of San Mateo Board of Supervisors may designate, which is specifically charged with regulating and enforcing laws dealing with animal licensing within its jurisdiction.
2.7 Animal Licensing Services Agreement: Agreement in which the Animal Licensing Contractor agrees to perform on behalf of the Parties and the County agrees to compensate, with County and City funds, Animal Licensing Contractor for performance of certain specified animal licensing services as provided for in this Agreement.
2.8 City or Cities: Any or all of the cities listed in Exhibit A, attached and incorporated by reference herein.
2.9 Holidays: Federally designated holidays with the addition of Easter and exclusion of Columbus Day, in accordance with the Animal Control Contractor’s and Animal Licensing Contractor’s existing labor contracts.
2.10 Impounded Animal: An animal that has been picked up by Animal Control Contractor, other public employee or officer, or by a private citizen and deposited at the County animal shelter.
3. Each City’s Responsibilities
3.1 Delivery of Animals. Any animal taken into custody by an employee or officer of the County or an employee or officer of a City shall be delivered to the Animal Control Contractor at the County animal shelter or held in a humane way at a designated holding area until it can be picked up by Animal Control Contractor.
3.2 Uniform Ordinances and Citation Authority. This Agreement is based on an expectation that each City will adopt and maintain animal control ordinance(s) which are substantially the same as the provisions of Chapters 6.04, 6.12, and 6.16 of T itle 6 of the San Mateo County Ordinance Code, as they currently exist or maybe amended by County from time to time , to be effective within each City’s territorial limits. The
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4 fee schedule adopted by each City shall be the same as outlined in Chapter 6.04.290, as may be amended by County from time to time, of the San Mateo County Ordinance Code , hereinafter “County Ordinance”.
City acknowledges that the County plans to amend its animal control ordinances, with the goal f or adoption within the next twelve (12) months.
Enforcement of provisions of any City’s ordinance to the extent that it differs substantially from the County O rdinance, as amended by County from time to time, and results in an increase to Animal Control Contractor’s costs, shall be reimbursed directly by the C ity requiring additional services, as negotiated between the C ity requiring additional services and the Animal Control Contractor. Provision of services under the Animal Control Services Agreement s hall take priority over such additional services provided separately pursuant to this Section.
3.3 Designation of Animal Control & License Revenue Collector . Each City hereby designates the Health System of the County or County ’s designated contractor as the entity authorized to collect , at Cities’ cost, animal control and licensing revenue on the part of each City.
3.4 Permits for Public Events . Each City shall request input from the Animal Control Contractor prior to issuing permits for publi c exhibitions and events which include animals . The Animal Control Contractor is entitled to recover costs directly from the City in which exhibition or event will be located which relate to staffing that may result during or after the exhibition or event. Such costs will be collected by the Animal Control Contractor based on a fee schedule approved by the City in which the event is taking place , or as agreed between the Animal Control Contractor and the individual City . Any agreement with t he Animal Control Contractor will require expeditious review of permits and input to the City. The provisions of this paragraph do not apply to public exhibitions and events where the only animals included in such events are anticipated to be service animals or police dogs.
3.5 City Liaison. Each C ity shall designate a representative to act as a liaison for animal control and licensing administration and enforcement issues for when County requests input from the City. If no contact person is designated, the City contact person shall be the City Manager.
3.6 Defense of Dangerous/Vicious Animal Determinations, Spay/Neuter Requirements, and Service Animal Designations.
Parties acknowledge that each City is and will remain solely responsible for arranging and conducting hearings under i ts Dangerous and Vicious
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5 Animal, Spay/Neuter, and Fancier Ordinances , including but not limited to providing hearing officers and a location f or the hearings. The cost to hold the hearing will be the sole responsibility of each City and collection of the hearing fee, based on the City’s fee ordinance, will be collected and retained by the City.
However, the Parties agree that, at a City’s option and for its convenience, a City may utilize County offices and/or the services of the County hearing officers for purposes of conducting Dangerous/Vicious Animal Hearings under the provisions of each City’s Dangerous and Vicious Animal Ordinance, Spay/Neuter Hearings under the provision of each City’s Spay/Neuter Ordinance, and/or Fancier Hearings under the provision of each City’s Fancier Ordinance. The hearing fee, based on the City’s fee ordinance, will be collected from the person requesting the hearing by the County under the terms of this Agreement , if possible. If such fee is not collected, the City shall remain responsible for such costs.
The Parties also recognize that in the event a City elects to utilize t he services of a County hearing officer, the City remains solely responsible for the defense of any appeal of or challenge to an administrative decision rendered by the hearing officer. Further, the City remains responsible for any claims, damages, costs or other losses resul ting from any decision, act or omission of the hearing officer acting in the course and scope of his or her capacity as hearing officer or from any court judgment based on claims, actions or appeals resulting from Dangerous/Vicious Animal hearings, decisions or findings ; Spay/Neuter requirements, heari ngs, decisions or findings ; and/or Fancier requirements, hearings, decisions or findings made under each City’s ordinances.
Furthermore, the Parties agree that, at a City’s option and for its convenience, County offices will issue Service Animal tags and Breeder/Fancier Permits on behalf of each City upon County’s determination that such tag or permit shall be issued on behalf of the City. Each City shall remain responsible for the decision to issue or not issue a Service Animal tag and/or issue or not iss ue a Breeder or Fancier Permit and shall remain responsible the defense of any action or claim and payment of any claims , damages, costs, or other losses resulting from such decision.
3.7 In consideration of the services that will be coordinated and facilitated by County and provided by the Animal Control Contractor and Animal Licensing Contractor in accordance with all terms, conditions, and specifications set forth herein, and in the exhibits and attachments incorporated by reference herein, each City shall pay County based on
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6 the rates and in the manner specified below.
Proportionate Share of Costs. Each City’s proportionate share of the cost of services (“Proportionate Share of Costs”) provided under this Agreement shall be calculated as a percentage representing:
a. That City’s percentage of total field services provided, averaged over the prior three calendar years;
b. That City’s percentage of total shelter services provided, averaged over the prior three calendar years;
c. With field services weighted at 41% and shelter services weighted at 59%.
Net Program Costs. Each City shall pay the net program costs attributable to that City (“Net Program Costs”) which will be calculated as follows:
a. Determine total expenses for all services including Administrative Costs as defined in Section 2 of this Agreement and Animal Control Contractor and Animal Licensing Contractor costs;
b. Subtract all revenue received, not including licensing revenue;
c. Attribute the balance to each City based on that City’s Proportionate Share of Costs.
d. Subtract from each City’s share of the balance the actual licensing revenue collected for that City during the previous calendar year.
Annual Invoices. Each City will be invoiced for its Net Program Costs as follows:
a. The County will calculate each City’s Proportionate Share of Costs, estimate Net Program Costs for the following fiscal year (July 1 – June 30), and will send an estimated invoice containing that information to each City no later than March 31st of each year;
b. The County will send a final invoice (“Final Invoice”) based on actual Net Program Cost to each City no later than December 15th of each year; and
c. Each City shall pay the County the amount shown on the Final Invoice no later than February 28th of each year.
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7 4. County Responsibilities
4.1 Payments to be paid to Animal Control Contractor and Animal Licensing Contractor by the County and each City are as follows:
a. The County will pay Animal Control Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above.
Fiscal Year Amount
2021-22 $6,189,290.95
2022-23 $6,327,480.28
2023-24 $6,499,455.67
2024-25 $6,674,024.00
2025-26 $6,858,739.01
b. The County will pay Animal Licensing Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.7 above (the table in 4.2 includes the payment for the contract Petdata for approximately $192,000).
Current Contract
2016-2021
Amount
One year license $4.28 per license
Multi-year license $4.28 for the first year and $2 for each additional year
Late fees collected $2.50 collection service fee for each license Replacement tags $4.28 per tag
Bank and supply fees Actual cost
4.2 The County shall provide the administrative services as outlined in this Agreement for the following estimated amounts to be charged to and paid by the Cities . Costs may vary as labor negotiations and internal service charges are negotiated at a Countywide level. Cities will only be invoiced for the actual costs to provide said services as outlined in this Agreement and a re to be reimbursed by the Cities as provided in Section 3.7 above.
Fiscal Year Amount
2021-22 $790,835
2022-23 $790,375
2023-24 $814,086
2024-25 $822,227
2025-26 $846,894
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8 4.3 In consideration of the payment provided for in Sections 3.7 and 4.2, the County shall, for the administrative convenience of the Cities and for the purpose of coordinating animal services countywide, provide the additional following administrative services:
a. Work with the City Attorney , designated City liaison or City Manager of each City on any issues that require input from the City, including, but not limited to, during and following the administrative hearing process.
b. Collect, maintain, and report available data as requested by each City, including, but not limited to, annual Performance Measures.
The Animal Control Program Manager or designee will monitor the performance of the Animal Control Contractor and Animal Licensing Contractor and will notify the City Liaison if there is a deficiency in servic e found. A meeting will be scheduled with Contractor and City liaisons to discuss a plan to correct the service deficiency.
c. With direction from each City, respond on behalf of each City to public inquiries regarding the Animal Control Program and the Animal Licensing Program.
d. Provide monthly report showing field, shelter, licensing activities, and Dangerous Animal Permit holders.
e. Provide dispatch services for after -hours/holiday calls for animal control and licensing.
f. Provide radio maintenance services on radio equipment owned by the Parties and used to perform services as outlined in Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA – Attachment M - County-Owned
Radio Equipment.
g. For the convenience of the Cities, provide animal licensing tags for dogs, cats, animals held under a Dangerous Permit, and animals designated as Service Animals.
h. For the convenience of the Cities, make reasonable attem pts to collect and provide collection services for:
1. Animal control fees that are deemed uncollectable by the Animal Control Contractor after reasonable efforts by the Contractor to collect; and
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9 2. Licensing fees that are deemed uncollectable by the Animal Licensing Contractor after reasonable efforts by the Contractor to collect; and
3. Any other fees for services provided to each City under the terms of this Agreement.
The County’s cost to provide collection services will be included in the administrative cost to facilitate this Agreement. The Cities acknowledge and agree that the County is not responsible for any fees that remain uncollected after reasonable efforts are made to collect. In the event that a City determines that additional collection efforts are warranted, it may undertake such efforts at its own expense. Any shortfall in revenues caused by uncollected fees shall be the responsibility of all Cities based on the proportionate share of costs.
i. Annually provide each City with the audit report required and completed as outlined in Attachment 1.
j. Annually, arrange and oversee a performance audit or fiscal assessment following the, Generally Acc epted Government Auditing Standards (GAGAS) to assess whether the Animal Control Contractor is achieving efficiency and effectiveness in performance of the services provided and provide a copy of the performance audit to the Cities. The parameters of the audit and cost will be determined by a subgroup of all Parties through a County Request for Proposal process. Cities will be invoiced for the actual cost of said audit as outlined in Section 3.7 (estimate cost of $81,000 has been added to the administrative cost table in section 4.2).
k. For Spay/Neuter Assistance Vouchers:
1. Allocate one dollar f rom each annual license fee paid for a dog or cat to:
i. When funds are available as determined by the County, assist pet owners and feral cat advocates with the cost to alter the dogs, cats, and feral cats that reside in the County on a county wide basis; and
ii. As funds are available as determined by the County, execute outreach efforts to educate residents on the
responsibilities of owning a pet and the importance of
altering, vaccinating, and licensing all dogs and cats.
2. Issue, monitor and maintain a dog, cat, and feral cat database, allocating funds to the appropriate category of need based on the public’s requests.
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10 l. Pursuant to Section 3.6 of this Agreement, under the guidelines of the US Department of Justice and the Americans With Disabilities Act’s definition of “Service Animal” for the administrative convenience of each City, and acting as a representative of each City, issue Service Animal tags on behalf of each City upon determination by the County on behalf of the City that such tag shall be issued.
m. If each City’s ordinance so authorizes and the City so requests, review and process each City residents’ requests and maintain files for Breeders and Fanciers Permits.
n. Dangerous Animal Designations:
1. Issue Dangerous Animal tags when an animal has been so designated by a peace officer employed by any City or County or the Animal Control Contractor as such; and
2. The County will invoice annually and make reasonable efforts to collect applicable fees for Dangerous Animal Permit holders; and
3. Monitor data received from Animal Control Contractor; and
4. Send monthly updated reports to each City’s representative.
o. Pursuant to Section 3.6, for the administrative convenience of each City, and acting as a representative of each City, conduct administrative hearings for Dangerous and Vicious Animal designations under the guidelines of the applicable City’s ordinance.
p. Pursuant to Section 3.6, for the administrative convenience of each City and acting as a representative of each City, conduct mandatory spay/neuter and/or fancier permit administrative hearings under the guidelines of the applicable City’s ordinance, if any.
q. Provide in-person customer service at a minimum of two County locations that are open during normal business hours to enable residents the ability to obtain animal licenses and/or permits for all dogs and cats.
r. Work with San Mateo County veterinarians to ensure anti-rabies vaccination reporting as required by the County.
s. Receive, import, and export licensing and vaccination information from the Animal Licensing Contractor into the Animal Control Contractor database and vice versa on a weekly basis.
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11 t. Under the guidance of the County’s Health Officer, review and process requests from pet owners to exempt their pet from the requirement to obtain an anti-rabies vaccination as required by State law or County ordinance and report annually to the Department of Public Health.
u. Invoice animal owners pursuant to the County Fee Schedule
6.04.290, and similar City fee schedules, following a bite incident that requires a quarantine of said animal.
5. General Provisions
5.1 Existing Agreements. Upon execution of this Agreement, any prior existing agreements between the Cities and the County to facilitate and coordinate Animal Control and Animal Licensing Services will be terminated.
5.2 Contracting for Service s. It is expressly understood and a greed that the County will c ontract with the Peninsula Humane Society and SPCA, a California nonprofit public benefit corporation (Animal Control Contractor), or such other contractor as the Board of Supervisors and Cities may designate, for the provision of Animal Control Services including field enforcement, shelter and treatment services referred to herein. Additionally, it is expressly understood and agreed that the County will contract with PetData, Inc. or such other contractor (Animal Licensing Contractor) as the Board of Supervisors and Cities may designate, for the provision of Animal Licensing Services.
Shelter Services. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.
Field Services. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.
Veterinary Medical Services. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.
Operations. Refer to Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA.
5.3 Animal Shelter.
The Parties acknowledge:
1. That the new Animal Care and Control Shelter has been constructed and Contractor Peninsula Humane Society & SPCA is and will be occupying it for the term of this Agreement in order to provide animal
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12 control services as set forth in Attachment 1.
2. The Parties have previously entered into a Memorandum of Agreement regarding Funding of Construction of an Animal Care Shelter, dated September 9, 2014 (“Memorandum”), attached and incorporated as Attachment 3. The Parties agree that the total cost of the shelter construction project is being updated as provided by Section 2 of the Memorandum, and the Parties agree that, when available, County will provide to Cities the final total cost of the Shelter construction which will be paid proportionately by each City as provided by the Memorandum. Further, the Parties acknowledge and agree that the proportionate share of each City will be amended as provided by section 3 of the Memorandum. The Parties acknowledge that continued animal control and shelter services to a City as provided herein is contingent on that City approving any amended cost and paying its proportionate share, as previously agreed in the Memorandum”.
5.4 Facilities & Equipment.
a. If the County chooses, at its own discretion, to replace equipment, at reasonable expense, but not to exceed $125,000, that is used by the Animal Control Contractor and/or the Animal Licensing Contractor solely for the purpose of providing services under this Agreement, Cities agree that they will be financially responsible for the purchase cost of said equipment based on their Proportionate Share of Cost.
In the event that any party asserts that an emergency safety - related repair is needed to the portions of the County Animal Care and Control S helter located at 12 Airport Boulevard in the City of San Mateo that are used to provide contracted animal control services and/or the County chooses to replace
equipment, at its own discretion, and the cost of said equipment exceeds $125,000, the Parties agree to meet in good faith to determine and agree which maintenance or repairs are required, whether or not such repair work shall be undertaken, or if said equipment should be replaced.
If the Parties terminate this Agreement or the Parties do not renew this Agreement, all Parties agree to be financially responsible in their Proportionate S hare of Cost as set forth in Exhibit B for the remaining cost of any lease for vehicles or equipment used by the County ’s designated contractor solely for the purpose of providing services under this Agreement.
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13 b. Animal Control Contractor will send the County a quarterly itemized report showing the repairs and maintenance performed at the facility.
c. If Parties choose to terminate for reasons other than material breach of the Animal Control Contractor’s Services Agreement or Parties choose not to renew the Animal Control Contractor’s Services Agreement, County and Cities shall be financially responsible for the remaining cost of any lease for vehicles or equipment used by the Animal Control Contractor solely for the purpose of the Animal Control Contractor’s Services Agreement.
5.5 Fiscal and Program Monitoring . Each City agrees to participate annually with County to discuss financial or programmatic issues including, but not limited to, licensing activities, revenue sources, performance measures, and ordinance revisions. The County or any City may request a special meeting for this purpose and upon the provision of reasonable notice.
Any changes in the amou nt to be paid to the Animal Control Contractor or the Animal Licensing C ontractor shall require the Board of Supervisors and the affected City’s approval.
5.6 Use of Program Revenu e. Each City agrees that all fees collected by the County and/or the Animal Control Contractor and the Animal Licensing Contractor, or both, for the purposes outlined in this Agreement shall be retained by the County and used to co ver the cost of services provided under this Agreement , except for services provided directly by or for a City and where fees are collected by said City for services provided as described in Section 3.4 and 3.6 of this Agreement.
5.7 Maintenance of Records. Records of animals impounded including the description of each animal, date of receipt, date and manner of disposal, treatment received, the name of the person redeeming or adopting the animal, and the fees, charges and proceeds of adoption shall be maintained by the County, through the Animal Control Contractor, and made available to the Cities. In addition, statistical information shall be provided on a monthly, quarterly and annual basis to the Cities summarizing various field enforcement and shelter activities occurring in each City and shelter activitie s initiated by residents of each City.
5.8 Term and Termination . Subject to compliance with all terms and
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14 conditions, the term of this Agreement shall be from July 1, 20 21 through June 30, 2026.
Except as otherwise provided by this section, this Agreement may not be terminated by any party during the effective period from July 1, 2021 through June 30, 2026 . Each City is responsible for its annual percentage share under this Agreement for the entir e term of this Agreement.
In the event any City fails to pay its percentage share as set forth in this Agreement and Exhibit B , every other City shall promptly pay its Proportionate Share of Cost of the non- payment, unless and until the County is able to recover the non- payment from the late or non- paying City.
This Agreement shall automatically terminate in the event of termination of the Animal Control Services Agreement. Upon termination, the County shall have no further obligation to provide, facilitate or coordinate services specified herein or in the Animal Control Services Agreement or Anim al Licensing Services Agreement .
Each City shall promptly pay its Proportionate S hare of Cost as set forth in Exhibit B for all services rendered prior to termination.
5.9 Amendments: Entire Agreement . Amendments to this Agreement must be in writing and approved by the County Board of Supervisors and the governing body of each City . This is th e entire Agreement between the Parties and supersedes any prior written or oral agreements inconsistent herewith.
This Agreement, including the Exhibits and Attachments which are incorporated herein by this reference, constitutes the entire Agreement of the Parties to this Agreement regarding the subject matter of this Agreement, and correctly states the rights, duties, and obligations of each party as of the Effective 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 to this Agreement, the provisions of the body of this Agreement shall prevail.
Any prior agreement, pr omises, negotiations, or representations , whether oral or written, between the parties not expressly stated in this Agreement are superseded. All subsequent modifications or amendments to this Agreement shall be in writing and signed by the Parties.
5.10 Controlling Law and Venue. The validity of this Agreement and of its terms or provisions, the rights and duties of the parties under this
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15 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 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.
5.11 Additional Services. Nothing contained herein shall preclude any City from contracting separately for the provision of a higher level of service.
Any contract increasing the level of services will be supplemental to this Agreement and will not affect the level of service provided for in this Agreement.
5.12 Relationship of Parties . The Parties agree and understand that the work/services performed or facilitated under this Agreement are performed or facilitated by an independent Contractor, and not by an employee of any City and that neither the County, its employees, the Animal Control Contractor, or the Animal Licensing Contractor acquire any of the rights, privileges, powers, or advantages of City employees, and vice versa; however, the County may act as an agent on behalf of each City where expressly set forth herein and, in such instances, each City shall hold harmless, indemnify and defend the County from and against any claims of any kind and/or actions for damages arising out of the County’s actions undertaken on behalf of each City as set forth herein.
5.13 Hold Harmless.
a. Each City shall hold harmless, indemnify and defend the 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 or death of any person or damage to any property of any kind whatsoever and whomsoever belonging which aris e out of the performance or nonperformance of each City’s covenants and obligations under this Agreement and which result from the negligent or wrongful acts of each City or its officers, employees, or agents , including, but not limited to, those claims, s uits, or actions arising from activities performed by the County as a representative of the City as set forth in Sections 3.6 and 4.2.
b. The 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 any kind brought for or on account of injuries to or death of any person or damage to any property of any kind and to whomsoever belonging which arise out of the performance or non-performance of the County’s obligations
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16 under this Agreement and which result from the negligent or wrongful acts of the County, its officers or employees. This provision requiring the 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 the Animal Control Contractor or the Animal Licensing Contractor, or their officers, employees or agents, under the services agreements with the County . Further, this provision requiring the County to hold harmless, indemnify and defend each City shall not apply to acts or omissions of the County done on behalf of each City in performing administrative tasks for the convenience of and as representative of each City, including but not limited to those set forth in Sections 3.6 and
4.2. c. In the event of concurrent negligence of the County, its officer s or employees, and the City, its officers and employees, the liability for any and all claims for injuries or damages to persons and/or property or any other loss or costs which arise out of the terms, conditions, covenants or responsibilities of this agreement shall be apportioned according to the California theory of comparative negligence.
d. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that with respect to activities performed by the Animal Control Contractor or the Animal Licensing Contractor in the Cities ’ territorial limits , the County serves solely as a Contract Administrator and solely with respect to the specific obligations contained within this Agreement and the agreement s between the County and the Animal Control Contractor and the Animal Licensing Contractor . Accordingly, in the event the County or the Cities are sued and the suit is related in any manner to actions taken by the Animal Control Contractor or the Animal Licensing Contractor solely in a parti cular City or the Cities, the particular City or Cities, as the case may be, will hold harmless, indemnify and defend the County, and any other C ity that is named as a defendant in that suit from and against any and all claims, losses or costs . In the event a City or the Cities are sued and the suit relates in any manner to actions taken by the Animal Control Contractor or the Animal Licensing Contractor solely in the unincorporated area of the County, the County will hold harmless, indemnify and defend the City or Cities named as a defendant or defendants in that suit from and against any and all claims, losses or costs.
e. The County agrees that in its Service Agreements with the Animal
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17 Control Contractor, the County will require the Animal Control Contractor to indemnify each City to the same extent that the County is indemnified and to name each City as a third party beneficiary to the County’s Agreements with the Animal Control Contractor and/or the Animal Licensing Contractor.
f. Th ese indemnification and hold harmless clauses shall survive termination of this Agreement and shall apply whether or not any insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
5.14 Non-Discrimination. No person shall illegally be excluded from participation in, denied the benefits of, or be subjected to discrimination under this Agreement on account of their race, color, religion, national origin, age, gender, sexual orientation, ancestry, marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran’s status.
5.15 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.
Any notices required by or given pursuant to this Agreement to any City shall be in writing and shall be delivered to the Clerk of that City at the address of the principal business offices of the respective City listed in the introduction of this Agreement or at such other address as any City may specify in writing to the County.
In the case of County, to:
Name/Title: Lori Morton-Feazell, Program Manager of Animal Control and Licensing
Address: 225-37th Avenue San Mateo, CA 94403
Telephone: 650.573.2623
Email: [email protected]
5.16 Condition Precedent . If this Agreement is not adopted by all twenty Cities, it will become null and void in its entirely except that in such an event, the County and any of the cities which are in agreement with the terms and conditions of this Agreement may use it as the grounds for considering an Agreement which may be acceptable to those parties.
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18 5.17 Electronic Signature. All Parties agree that this Agreement and future documents relating to this Agreement may be digitally signed in accordance with California law and the County’s Electronic Signature Administrative Memo and the Parties understand and agree that electronic signatures shall be deemed as effective as an original signature.
5.18 Counterparts. The Parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
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19 IN WITNESS WHEREOF , the Board of Supervisors of the County of San Mateo has authorized and directed the Health System Chief to execute this Agreement for and on behalf of the County of San Mateo. 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 its duly authorized officer and attested by its Clerk.
Dated: COUNTY OF SAN MATEO
____________ _____________
President, Board of Supervisors
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Dated:
AT
TEST: TOWN OF ATHERTON
_________________________________
Town of Atherton, Clerk By
Anthony Suber
5/21/2021
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Dated:
ATT
EST: CITY OF BELMONT
_________________________________
City of Belmont, Acting City Clerk By
5/26/2021
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11/1 ,-? t' ;J. � ;;u Dated: ----='� v 1�..::..!��,4-_v__,.1'------ A TTE ST: CITY OF BRISBANE
�e9----···-·--···
By Karen Cunningham, Mayor
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CITY OF BURLINGAME
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Dated: __ 5....,.-/4"--�___,,,,_/4_:2-_I __ 7 I
ATTEST: TOWN OF COLMA
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Shawnna Maltbie
City Manager
May 25, 2021
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Dated: _
6_/_io_(_Z-o_"t.._( __
ATTEST:
City of
CITY OF EAST PALO ALTO
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Date
d:
ATTEST: CITY OF FOSTER CITY
_________________________________
City of Foster City, Clerk By
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Date
d:
ATTEST: CITY OF HALF MOON BAY
_________________________________
City of Half Moon Bay, Clerk By
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Dated: June, I l/1 2 0 21
ATTEST:
own of Hillsborough, Clerk
TOWN OF HILLSBOROUGH
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Date
d:
ATTEST: CITY OF MENLO PARK
_________________________________
City of Menlo Park, Clerk By
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Dated: Cpl\of 2.-02.-\
ATTEST:
City of Millbrae, Clerk
�.A'C/fA�I/�
�lf�ttit
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Dated: 5,h 7 /2,-02-/
ATTEST: CITY OF PACIFICA
By
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Dated:
ATT
EST: TOWN OF PORTOLA VALLEY
_________________________________
Town of Portola Valley, Clerk By
May 26, 2021
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Dated: __ '5. ....... /�=j<:...L/_:;;...2-_,_,f __ _
CITY OF REDWOOD CITY
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Dated:
A
TTEST: CITY OF SAN BRUNO
_________________________________
City of San Bruno, Clerk By
DocuSign Envelope ID: 006D8A51-5A86-4956-B621-8B573C1764CA 6/2/2021
City Attorney
Marc Zafferano
Jovan Grogan
City Manager
6/4/2021
6/4/2021
Melissa Thurman
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Date
d:
ATTEST: CITY OF SAN CARLOS
_________________________________
City of San Carlos, Clerk By
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D
ated:
ATTEST: CITY OF SAN MATEO
_________________________________
City of San Mateo, Clerk By
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
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Dated: Ju(IL ] , lo 7_j
ATTEST: CITY OF SOUTH SAN FRANCISCO
Gity of South San Francisco, Clerk
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Dated: f/,z,& / 'v()'Z., I
ATTEST: TOWN OF WOODSIDE
�,if
By {
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40 EXHIBIT A
CONTRACT AREAS
The following Cities have contracted for services pursuant to this 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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41 EXHIBIT B
PROPORTIONATE SHARE OF COST
FY 2021-22 Proportionate Share of Cost:
Atherton 0.70%
Belmont 2.58%
Brisbane 0.90%
Burlingame 3.74%
Colma 0.53%
Daly City 10.13%
East Palo Alto 8.70%
Foster City 2.15%
Half Moon Bay 2.50%
Hillsborough 1.16%
Menlo Park 4.59%
Millbrae 1.92%
Pacifica 5.07%
Portola Valley 0.37%
Redwood City 12.55%
San Bruno 6.09%
San Carlos 3.15%
San Mateo 15.61%
South San Francisco 10.27%
Woodside 1.03%
County 6.27%
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1 Agreement No. _________________________
AGREEMENT FOR ANIMAL CARE AND CONTROL SERVICES BETWEEN THE
COUNTY OF SAN MATEO AND PENINSULA HUMANE SOCIETY & SPCA, A
CALIFORNIA NONPROFIT CORPORATION
This Agreement is entered into this first day of July, 2021, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called “County,” and Peninsula Humane Society & SPCA, a California Nonprofit Corporation, hereinafter called “Contractor.” * * *
Whereas, pursuant to statutory authority including but not limited to, Section 31000 of the California Government Code, Section 31106 of the Food and Agriculture Code, and Sections 14501 and 14503 of the Corporations Code, County may contract with independent contractors for the furnishing of animal care, control and shelter services to or for County or any Department thereof; and Whereas, it is necessary and desirable that Contractor be retained for the purpose of providing Animal Care, Control, and Shelter services to the County and participating cities as set forth in this Agreement for Animal Care and Control Services (“Agreement”).
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
Exhibit C– Excluded Services
Exhibit D – Contract Areas (County and Participating Cities) Exhibit E – Fees to be Collected for Services Provided
Exhibit F – Five-Year Budget
Attachment H - Health Insurance Portability and Accountability Act (HIPAA) Business Associate Requirements
Attachment I - Fingerprinting Certification Form
Attachment J - Rabies Algorithm
Attachment K - Animal Shelter Facility Use and Maintenance Agreement Attachment L - Peninsula Humane Society Holidays
Attachment M – County-Owned Radio Equipment
2. Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, C ontractor shall perform services for County and Participating Cities listed on Exhibit D in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A, and the other Exhibits and Attachments incorporated by reference into this Agreement.
DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD Attachment 1 – Agreement between County of San Mateo and the Peninsula Humane Society and SPCA
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2 3. 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 and other Exhibits and Attachments incorporated into this Agreement, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. Payments shall begin within 45-days after Contractor and County each execute this Agreement.
County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. If County exercises this right, it must first provide Contractor with a 30-day written notice of intent to withhold payment wherein County describes the nature of the unacceptable work and how Contractor’s work fails to conform to the terms of this Agreement. If Contractor fails to remedy unacceptable work after having received thirty days prior written notice, then County may delay payment until the deficiency is corrected. However, if Contractor reasonably demonstrates that it is not feasible to remedy the unacceptable work within thirty days, Contractor shall have up to an additional thirty days to remedy the work before payment will be withheld.
In no event shall County’s total fiscal obligation under this Agreement exceed THIRTY TWO MILLION
FIVE HUNDRED FORTY EIGHT THOUSAND NINE HUNDRED EIGHTY NINE DOLLARS AND NINETY ONE CENTS ($32,548,989.91). 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.
4. Term
Except as otherwise provided herein, and subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2021 through June 30, 2026. The parties may extend the term for an additional three years if the parties mutually agree in writing. This Agreement becomes effective only after all jurisdictions identified on Exhibit D as Participating Cities adopt it by entering into the agreement for animal control services between the County and participating cities. If such County/Services Agreement is not adopted by all jurisdictions shown on Exhibit D, this Services Agreement is null and void in its entirety unless Contractor and any of the jurisdictions shown on Exhibit D agree to use it as the basis for a Services Agreement applicable to those parties providing such written consent, with such changes in payment, scope of service, and other terms as the parties may agree.
5. Termination
This Agreement may be terminated by Contractor or County or designee at any time without a requirement of good cause upon 365 days’ advance written notice to the other party. Contractor shall be entitled to receive payment for services provided prior to the effective date of termination of the Agreement. Such payment shall be the prorated portion of the full payment determined by compa ring the services actually completed to the services required by the Agreement. The Contractor shall have no right to or claim against the County or any Participating City for the balance of the contract amount.
In the event of a material breach of this Agreement by either party, the other party shall notify the breaching party of such material breach and that such breach must be cured within thirty (30) calendar days of the notice, except that if the breaching party reasonably demonstrates that it is not feasible to cure the breach within thirty (30) calendar days, the breaching party shall have the number of days DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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3 beyond thirty (30) calendar days reasonably needed to cure the breach up to an additional thirty (30) calendar days.
In the event the breaching party does not cure the material breach within the applicable time period, the notifying party may immediately terminate this Services Agreement or seek any other applicable legal remedies for such material breach. Termination is effective on the date specified in the written notice. In any event of termination under this paragraph, Contractor shall be paid for all approved work performed prior to termination. Contractor shall have no right to, or claim against County or any contracting City for, the balance of the contract amount.
6. Contract Materials
At the end of the term 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 in performance of services 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.
7. 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.
8. Hold Harmless and Indemnification
Contractor shall hold harmless and indemnify the County, and each Participating City listed in Exhibit D as third party beneficiaries of this Agreement, their officers, agents, and employees from all claims, suits or actions of every name, kind and description, brought for, or on account of: injuries to or death of any person, including but not limited to Contractor or its agents, officers or employees, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to Contractor or its agents, officers, or employees, or any other loss or cost, resulting from the performance or nonperformance of any work or obligations required by the Agreement of Contractor; 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; and/or from any activities undertaken by Contractor, its officers, employees or agents, under this Agreement, and which result from the negligent or intentional acts or omissions of Contractor, its officers or employees.
The duty of Contractor to hold harmless and indemnify as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
County shall hold harmless and indemnify the Contractor, its officers, agents, and employees from all claims, suits or actions of every name, kind and description, brought for, or on account of injuries to or death of any person, including but not limited to County or its agents, officers or employees, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to County or its agents, officers, or employees, or any other loss or cost, resulting from the performance or nonperformance of any work or obligations required by the Agreement of County ; 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; and/or from any activities undertaken by County, its officers, employees or agents, under this Agreement, and which result from the negligent or intentional acts or omissions of County, its officers or employees.
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4 The duty of County to hold harmless and indemnify, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
In the event of concurrent negligence of the County, its officers, agents and/or employees, and the Contractor, its officers, agents and/or employees, then the liability for any and all claims for injuries or damages to persons and/or property or any other loss or costs which arise out of the terms, conditions, covenants, promises and responsibilities of this Agreement, shall be apportioned according to the California theory of comparative negligence. This provision shall survive termination of this Agreement.
9. 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.
10. 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 requ ired 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 w hich 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.
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
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5 (b) Motor Vehicle Liability Insurance… $1,000,000
(c) Professional Liability………………. $1,000,000
County and its officers, agents, and employees and participating cities and their officers, agents and employees 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.
11. 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.
12. 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), m edical condition (cancer-related), military service, or genetic information.
b. Equal Employment Opportunity
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.
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6 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 Com mission, 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 gen eral description of the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race-based discrimination).
Final adjudication in an appropriate forum determining that a violation of the non -discrimination provisions of this Agreement occurred, shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager from among the following:
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7 i. termination of this Agreement; and/or
ii. liquidated damages of $2,500 per violation; and/or
iii. no penalty based on the County Manager determining that the incident does not warrant further action; and/or
iv. imposition of other applicable civil remedies and sanctions as provided by law .
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.
13. 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 an nual 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.
14. Retention of Records; Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for four (4) 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.
(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 including additional audit requirements as set forth herein.
(c) Contractor agrees upon reasonable notice to provide to County, to any Federal or Sta te 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 DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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8 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.
(d) County agrees that if any entity or person makes a request under the California Public Records Act (CPRA) or an analogous federal, state, or local law or regulation to the County or a Participating City, of which County is aware, for documents or records possessed by Contractor but not by the County or Participating City, relating to this Agreement, or documents that Contractor submitted in its response to the request for proposals related to this Agreement and marked confidential, or documents related to the negotiation, or finalization of this Agreement, County will notify Contractor of such request. If Contractor fails to respond within 72 hours, Contractor shall be deemed to stipulate that the requested documents are subject to disclosure pursuant to the request and Contractor shall immediately thereafter make copies of the documents available to the County or a participating City, as the case may be, for disclosure to the requesting party.
If Contractor responds to the County within 72 hours of such notice by the County and asserts, in writing, that exemptions to disclosure requirements under the CPRA apply, and the County or Participating City as applicable agrees that such documents are not subject to disclosure, in whole or in part, under the CPRA, Contractor shall provide a redacted copy of the documents for County or City to disclose in lieu of unredacted documents for any documents that must be disclosed. In the event that County or the Participating City disagrees with Contractor’s position that any document or portion thereof is not subject to disclosure, in order to prevent disclosure of such documents, Contractor shall promptly and in any case within ten (10) calendar days of notice of the request, seek a protective court order for non -disclosure of any such records. If Contractor fails to obtain a protective order, such documents may be disclosed by County or City. Contractor shall indemnify and hold harmless County and Participating Cities for any damage, cost or loss caused by Contractor’s decision to assert that such records are, whole or in part, not subject to disclosure.
15. 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.
16. 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.
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9 17. Notices
Any notice, request, demand, or other communication required or permitted un der 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: Lori Morton-Feazell / Health Services Manager Address: 225-37th Avenue, San Mateo, CA 94403
Telephone: 650-573-3726
Email: [email protected]
In the case of Contractor, to:
Name/Title: Anthony Tansimore / President
Address: 1450 Rollins Road, Burlingame, CA 94010-2307
Telephone: 650-340-7022 ext. 309
Email: [email protected]
18. 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.
19. Payment of Permits/Licenses
Contractor bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Contractor’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.
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10 * * *
In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:
For Contractor: Peninsula Humane Society & SPCA, a California Nonprofit Corporation
__________________________
Contractor Signature
_______________
Date
_________________________
Contractor Name (please print)
COUNTY OF SAN MATEO
By:
President, Board of Supervisors, San Mateo County
Date:
ATTEST:
By:
Clerk of Said Board
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11 Exhibit A
In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:
I. COMMON GOALS
A. All parties agree to work on updating a new animal control ordinance during the next 12 months to include the availability of administrative citations.
B. County and Contractor will provide Participating Cities (as defined in exhibit D to this Agreement) with information about the services provided by Contractor and excluded services. In the event the County receives a complaint from an official from a Participating City regarding the quantity or quality of services provided under this Agreement, the County will promptly forward such complaint to Contractor so that the parties may make good faith efforts to promptly resolve the issue and Contractor agrees to meet with officials from the County and/or Participating Cities as may be necessary to resolve such complaints.
II. POLICIES AND PROCEDURES
A. All policies and procedures shall be developed with the goal of animal welfare, enhancing the cost efficiency and quality of services provided to the County and Participating Cities, and to reflect best practices in the industry for animal control and care. Contractor’s Policies and Procedures shall be annually submitted to a committee of County and Participating City representatives, with committee members to be designated by the County Manager or the County Manager’s designee. The Contractor and committee members will work in good faith to resolve any differences or concerns regarding policies and procedures.
B. The Contractor must establish comprehensive written policies and procedures for proper care and handling of animals.
C. Such policies and procedures shall address all subjects encompassed by the scope of this Agreement, including shelter, veterinary care, and field services. Proper care includes but is not limited to, appropriate food and water, regular cleaning of kennels and cages, humane handling, veterinary care and a vaccination schedule including rabies vaccinations.
D. Contractor shall establish 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. Policies and Procedures shall focus on these areas:
1. Medical Health and Physical Well-Being
2. Euthanasia
3. Environment
4. Kennels/Cages
5. Capacity for Care
6. Behavioral Health
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12 E. Contractor shall develop a written disposal procedure, and the procedure shall provide for the weekly pick up of dead animals.
F. Contractor shall create a procedure compliant with California law to ensure that animals entering the County Shelter receive vaccinations, dewormer, flea control as appropriate for their species excluding animals that are unable to be safely handled or animals that are too sick/injured to receive this treatment.
G. Contractor shall have written policies and procedures on animal placement with a goal of ensuring that non-aggressive and healthy or treatable animals that enter the County Shelter are not euthanized through redemptions, adoptions and transfers to other organizations. Policies and procedures should include guidelines for euthanasia. Terms used in this subsection are to be interpreted in accordance with currently enacted California law.
H. Contractor shall have a procedure addressing how Animal Control Officers will handle complaints and the procedure shall include a benchmark for the time it takes between receiving and closing a complaint.
I. Contractor shall have comprehensive written policies and procedures established for proper care and handling of animals to include emergency response procedures, how animals will be placed into vehicles, how animals will be protected from the heat and cold inside vehicles, and how vehicles will be clean and disinfected.
J. Contractor shall have and apply written disease prevention and response policies and procedures.
Disease response procedures shall include measures to minimize transmission to unaffected animals or people and should ensure appropriate care of the affected animals. Procedures should include a treatment plan where decisions are based on a range of appropriate criteria, including the ability to safely and humanely provide relief, duration of treatment, prognosis for recovery, the likelihood of placement after treatment, the number of animals who must be treated and the expense of treatment and resources available for such treatment.
K. Contractor shall have comprehensive written policies and procedures on Veterinary Medical Services. Policies and procedures shall address proper care of injured and sick animals and be L. To the extent any of the terms of this Agreement are preempted by State law with regard to animal care, custody, transfer, euthanasia, and/or treatment, the parties agree that the terms of this Agreement shall continue to apply to full extent possible in conformity with State law.
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13 III. SHELTER SERVICES
A. Receiving animals
Contractor will:
1. Hold lost and stray animals for the requisite time period as required by State law or County ordinance or other applicable local ordinance prior to adoption, owner redemption, release to a partner organization, euthanasia, or other disposition.
2. Ensure that each animal’s individual health status is evaluated and monitored beginning at intake and regularly thereafter. If the animal is too unsafe to handle to have its health status evaluated a visual evaluation may be done by staff.
3. Ensure all animals are scanned for a microchip and checked for other identification when entering the County Shelter and ensure staff enter into the Chameleon (or any successor system) software that the animal was checked for ID. Animals that are unsafe to be scanned for a microchip may be excluded.
4. Solicit information on impounded stray animals.
5. Evaluate and document each animal’s health at intake.
6. Provide shelter and care for domestic animals under rabies quarantine, and dangerous or vicious animal investigations, according to the applicable City/County ordinance and/or State law.
7. When there is reasonable belief of a person’s or an animal’s exposure to rabies, Contractor will immediately notify County Public Health personnel at 650.573.2346, 8am- 5pm, M-F or 650.363.4981 after hours/holidays (or at such other numbers as may be designated in writing, from time to time).
8. If the Contractor plans on using drop boxes for after-hours intake, the drop boxes must be checked at least every hour during the hours that drop boxes are utilized for animal intake.
B. Care of animals
Contractor will:
1. Provide shelter and care for San Mateo County stray and unwanted animals 24 hours a day, 7 days a week, with public service hours designed to benefit the public and facilitate the services established in this Agreement, including coordination with other agencies (state and local governments, or adoption partner organizations, non -profit animal services organizations, etc.) where appropriate.
2. Provide services as required by the State of California governing shelters for animal care, treatment, holding periods, and placements and dispositions.
3. Microchip all animals designated as Dangerous prior to release if medically appropriate and owner is compliant. In the instance of a non-compliant owner, Contractor shall attempt at the first annual inspection of the owner’s property to ascertain that the animal has in fact been microchipped as required by County Ordinance and shall report their findings to County in a timely fashion.
4. Provide animal food that meets nutritional and medical needs of animals.
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14 5. Contractor will make a best effort to have the County Shelter open by 11 am each day, except holidays (as noted in Attachment L - Peninsula Humane Society Holidays), with all animal areas intended for public access clean and ready for the public to enter.
6. Provide County representatives with a master schedule for Animal Care staff upon request.
C. Owner-surrendered animals
Contractor will:
1. Provide pet owners with a handout(s) describing alternative solutions to surrender and other resources to owners who express a desire to surrender their pets. That handout should include contact information for non-profit shelters and rescue groups in the Bay Area, as well as information about pet food pantries, low cost veterinary care, etc.
2. List alternatives to surrendering a pet and links to helpful resources on the Contractor’s website.
D. Identifying animals
Contractor will:
1. Make legally required and additional efforts to identify each animal’s rightful owner, including, at a minimum, full microchip body scanning of domestic animals for identification chips, tracing microchips, licenses, rabies tags and other identification, and making several documented attempts in multiple ways (e.g. phone, email, and/or mail) to notify the owner in an attempt to return the animal to its owner prior to any other disposition. Maintain acumen on and utilize developments in the field that might provide new or additional methods for identifying each animal’s rightful owner.
E. Evaluating animals
Contractor will:
1. Ensure that all healthy, non-aggressive, and treatable animals have a plan for a live outcome.
2. Begin assessment of behavior at the time of intake of the animal. An overall behavior assessment considers all of the information gathered about the animal, including history, behavior during shelter stay, and formal evaluation.
3. Provide and apply the criteria and evaluation system that will enable objective evaluations for animals.
4. Evaluate all breeds equally to determine if they can be adopted, require behavior modification, or allow a partner agency to take the animal prior to euthanasia pursuant to State law.
5. Maintain evaluation records. Document the procedure for each animal in the Chameleon software system (or any successor system). If any paper records are also kept, retain the records for seven (7) years after disposition of animal.
6. Perform kennel enrichment programs to reduce stress for sheltered animals.
7. Place adoptable animals up for adoption or transfer.
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15 8. Record all incidents or reports regarding a history of aggressive behavior along with the context in which they occurred.
9. Ensure staff is trained to recognize body language and other behaviors that indicate animal stress, pain and suffering as well as behaviors that indicate successful adaptation to the shelter environment.
10. Monitor animals daily in order to detect trends or changes in well-being and respond to their behavioral needs.
F. Length of stay of animals
Contractor will:
1. Optimize the animal’s length of stay in the County Shelter. Both positive outcomes and cost of sheltering must be considered.
2. Provide the process to ensure stray and owner-surrendered animals will not remain in the County Shelter more than three (3) weeks past the State law-mandated holding period.
G. Rabies testing/exposure
Contractor will:
1. Immediately provide San Mateo County Health personnel with contact information for relevant Contractor staff in accordance with State and County requirements when there is reasonable belief of a person’s or an animal’s exposure to rabies.
2. Ensure all staff members are trained to identify potential rabies exposures and understand the regulations that apply to reporting and managing bites to humans and animals.
3. Provide for testing of animals for rabies pursuant to the current California Rabies Compendium. This requires the decapitation of animals and transport of the head or bat to the San Mateo County Public Health laboratory for testing.
4. Ensure that that the rabies specimen is transported to the San Mateo County Public Health Laboratory within 48 hours of the animal entering the County Shelter or of being euthanized (weekends and holidays excluded).
5. Ensure that for every animal that comes into the County Shelter, staff will identify possible rabies exposures; everyone presenting an animal shall be asked if the animal has bitten anyone within the last 10 days or had any contact with wildlife.
6. Make certain all incoming animals are examined for bite wounds; any animals who have potentially been exposed to rabies shall be managed in accordance with the California Rabies Compendium and in consultation with state and local health authorities.
7. Ensure that staff funded by contract who routinely work with companion animals or wildlife are offered pre-exposure vaccinations against rabies in accordance with recommendations of the Advisory Committee in Immunization Practices.
H. Disposal of dead animals
Contractor will:
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16 1. Accept dead animals brought to the County Shelter by County residents, City and County municipalities, or Caltrans and Contractor shall dispose of such animals.
2. Dispose of dead animals in a lawful manner using an appropriately qualified and licensed disposal company or method.
3. Develop a written disposal procedure that will include at least a weekly pick up of dead animals.
I. Transferring animals into County Shelter
1. If the Contractor desires to transfer animals into the County Shelter from nearby Bay Area animal shelters to assist when such shelters are dealing with an emergency, such as a natural disaster, Contractor shall do the following:
a) Request written approval from the County Program Manager of Animal Control and Licensing Manager or other designated County Contract Administrator. The County will respond to such requests in writing within 3 business days. In the event of a need to house animals for another county during a disaster, the County will respond within 24 hours. If the County grants such approval, the written notice of approval will state the maximum number of animals the Contractor is allowed to transfer in pursuant to that consent based upon factors including available shelter space. Detailed documentation on an appropriate Federal Emergency Management Agency (FEMA) form will be kept to record, on a daily basis, on the number of Contractor staff caring for the animals to include hours worked, along with supplies, as well as number of days sheltered for each animal. This will allow for reimbursement if declared a federal disaster, or reimbursement from other local jurisdictions. b) Periodically, and only as space and resources allow, Contractor may purposefully transfer, house or bring into the County shelter animals from another animal shelter, partner group or agency within or outside the County to be housed in the County Shelter for the purpose of adoption at the Contractor’s other shelter or location only if a monthly report is sent to the Program Manager of Animal Control and Licensing or their designee outlining the number of animals transferred into the shelter along with each animal ’s individual animal identification number. If Contractor plans on transferring in more than 30 animals a month Contractor will obtain written approval from the Program Manager of Animal Control and Licensing or their designee. Contractor will reimburse the County and Participating Cities for the costs of vaccines, preventative care, treatment, food, facility use and maintenance, and staff time to care for these animals. The cost will be calculated by the number of days that animal is housed at the County shelter at the rate of $15 per animal per day. This rate may be adjusted annually, based on changes to Consumer Price Index and the Parties will meet and confer before the rate is adjusted. In addition to this daily rate, the Contractor will reimburse the County and Participating Cities for the actual costs of vaccines, flea treatment, dewormer, DTM cultures, canine heartworm and feline FIV/FeLV tests on a per animal basis.
The Contractor will reimburse the County and Participating Cities each quarter of the fiscal year and will provide a report in a form reasonably satisfactory to the County and Participating Cities that details the fees owed pursuant to the applicable daily rate and any other applicable costs to be reimbursed to the County and Participating Cities . This obligation to reimburse the County and the Participating Cities does not apply to situations where an animal needs to be transferred in to the County shelter where the animal is held because of a bite or potential dangerous dog designation and where the incident occurred in San Mateo County, but the animal was first taken to another animal shelter. In such cases, the animal shall be classified as a “Transfer in” in the Chameleon software intake statistics.
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17 Contractor will also reimburse the County and Participating Cities at the rate described above and shall reimburse the County and Participating Cities for the above -described expenses for any animal impounded by the nonprofit for a Cruelty case and housed at the County Animal Shelter. Detailed notes by staff must be entered into the Chameleon database (or any successor system) and should describe the reason for the animal being transfer back into the County shelter.
2. In cases where the Contractor transfers an animal back to the County Shelter for any reason, the Contractor will pay for the care of the animal and not use contract funds or staff being paid for by the contract. Detailed notes by staff must be entered into the Chameleon database and should describe the reason for the transfer back to the County shelter.
J. Working with partner groups
Contractor will:
1. Within 6 months of signing this Agreement, develop a Partner Group application for any shelter or Partner Group that would like to apply to take animals from the County Shelter. The application should also be available on Contractor’s website.
2. Assign one (1) or more staff members to proactively contact Partner Groups and non - profit shelters in the County and throughout the Bay Area to encourage them to take animals whose medical or behavioral needs exceed available resources or who would otherwise be better served by being transferred to a Partner Group or to take animals that have been in the County Shelter for more than three (3) weeks past their stray hold or owner surrender intake date. If the Contractor desires, animals may be placed p rior to the expiration of the three (3) week hold period. Contractor will decide which animals will be transferred to the Lantos Center for adoption.
3. As an alternative to euthanizing feral cats when cat caretakers are unavailable, will either 1) release the feral cats to an organization that will Trap-Neuter-Return (TNR) the cats, 2) TNR the cats themselves, or 3) develop a plan on how to handle feral cats to improve the live release rate (e.g. implementing a barn or working cat program).
K. Vaccinating, deworming, flea prevention, photos, documentation Contractor will:
1. Complete health assessments of dogs and cats within 24 hours of the animal entering the County Shelter.
2. Complete behavioral assessments of dogs and cats within 4 days of the animal entering the County Shelter (not including the day of intake). Excluded: Dangerous animals, quarantined animals, animals in protective custody, euthanasia requests, exotic animals, fowl.
3. Conduct full body microchip scans and check for other forms of identification at the time of intake for all animals that can be safely handled.
4. Provide a photograph and description of each lost animal through public outreach activities (i.e., website) in order to locate the pet’s owner as soon as possible.
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18 5. Document animal’s description (breed, sex, and age), health assessment, initial behavioral assessment, microchip, license, rabies, and any other pertinent information in Chameleon Data Management System (or any successor system) within 24 hours of receiving each animal.
6. Document complete behavioral assessment results in Chameleon Data Management System (or any successor system) within 4 days of receiving each animal (not including the day of intake).
7. Provide vaccinations, dewormers, and flea control when an animal enters the County Shelter as appropriate for their species, excluding animals that are unable to be safely handled or animals that are too sick/injured to receive this treatment.
L. Keeping County Shelter clean and disinfected
Contractor will:
1. Always maintain the kennel and animal care facilities in a humane and sanitary condition with a focus on these areas:
a) Cleaning and Disinfection. Use of disinfectants should be limited to those that are proven safe and effective for animal species sheltered at the County Shelter. b) Surfaces and Drainage
2. Maintain stocks of disinfectants based on accepted industry standards to preserve function and effectiveness with regards to temperature and light exposure.
3. Update all written guidelines/documentation for use of disinfectants to reflect current practices as well as industry standards/recommendations.
4. Staff and volunteers shall receive training when guidelines have been updated and documentation of training shall be maintained.
5. Take commercially reasonable measures to maintain a pest-free shelter. Contractor will enter into, pay the costs of, and monitor on a recurring and scheduled contract for pest control services in and around the County Shelter.
6. Have written information available about zoonotic diseases for visitors, adopters an d foster care providers.
7. Clearly mark enclosures of animals with suspected zoonotic disease to indicate the condition and any necessary precautions.
8. Provide periodic staff and volunteer training and information on the recognition of potentially zoonotic conditions and the means of protecting others from exposure. This shall be included in the policy and procedures.
9. Ensure the public does not have unsupervised access to areas where animals are isolated for zoonotic diseases.
M. Providing enrichment
Contractor will:
1. Provide kennel enrichment programs that provide every animal with an opportunity to be socialized and reduce stress while in the County Shelter.
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19 N. Euthanasia
Contractor will:
1. Provide for the humane euthanasia and disposal of animals determined to be unhealthy, aggressive, or untreatable as determined by California law.
O. Owner-requested euthanasia
Contractor will:
1. Follow the basic matrix definition of Owner-Requested Euthanasia. The basic matrix definition of Owner -Requested Euthanasia can be found at:
https://www.shelteranimalscount.org/docs/default-
source/dataresources/sac_basicdatamatrix.pdf
2. Contractor will pursue all reasonable measures to verify animal ownership prior to euthanasia.
3. Record and classify animals in the Chameleon software and in Live Release Rate calculations as “Owner Intended Euthanasia” if they are brought in to the shelter by their owners with the specific intention of using the Owner Requested Euthanasia service.
When an owner wishes to surrender an animal for adoption and that animal is deemed unhealthy and untreatable, or aggressive after counseling by Contractor’s staff based on information provided by the owner and the owner elects to surrender the animal for euthanasia, euthanasia service will be provided and will be classified as “Owner Surrender Euthanasia.”
4. Decline to provide the owner-requested euthanasia service to treatable animals and will instead either accept and treat those animals, provide resources so the owner so they can keep and treat their animal, or refer the owner to another organization that will assist the pet owner, so they can treat the animal.
5. Offer private owner-requested euthanasia (including pet-owner witnessed euthanasia, when requested with regard to non-aggressive animals only) as a service at the County Shelter, if the animal is deemed unhealthy and untreatable, or aggressive.
P. Documentation
Contractor will:
1. Accurately complete, sign, and submit all necessary documentation of compliance in a timely manner.
Q. Adoption of animals
Contractor may:
1. Arrange adoptions onsite at the County Shelter to reduce the length of stay for animals and have other approaches to adoptions such as transferring animals from the County Shelter and moving them to their non-profit shelter or partner organizations for adoption.
There is no set number of animals that need to remain up for adoption at any point in time at the County Shelter.
Contractor will:
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20 2. Ensure that the public cannot come into contact with, or view, bite quarantine animals and aggressive animals that are considered a danger to the public.
IV. FIELD SERVICES
A. Respond to field service calls
Contractor will:
1. Respond to calls for Animal Field Services 24 hours a day, 7 days a week, 365 days a year as set forth in the below-described priority listing, unless otherwise noted below.
Notwithstanding any other provision herein, Contractor shall respond on holidays and after regular business hours (9pm-7am) to call Priority 1 and 2 categories. If no calls in those priorities are pending the staff Contractor will respond to Priority 3 and 4 calls.
2. Contractor may receive and accept requests for service in person, via phone, email, text message, voicemail or fax. Contractor will have policies and processes in place to ensure that text messages, emails, voicemails and faxes are monitored and retrieved in a routine and timely fashion.
B. Priority for Field Activities
1. Priority 1: Immediately respond to all emergency calls of the following types within one (1) hour of the receipt of the call from the reporting party:
a) Imminent threat to a person by an aggressive domestic, exotic or wild animal b) A Public Safety agency request for immediate assistance c) Possible rabid animal
d) Aggressive dog at large, or an aggressive dog that could cause harm to a human or an animal (e.g., an aggressive dog breaking out of a yard or has access off the property) e) A dog that has bitten a human or that has attacked another animal and that remains at large
f) Major injury to dog, cat, or domestic animal
g) An animal in hot car or an animal that is otherwise in immediate danger h) Dangerous animal permit violation that has occurred and the same animal remains a threat to person or property
i) Animals at large causing a traffic hazard (including livestock) j) Rescue animals when the animal’s life is in danger
k) Dogs harassing livestock if the livestock’s life is in danger l) When juveniles are present at a school grounds any bat, any aggressive animal, animal posing a risk to humans, sick or injured animals, dogs at large, or confined or trapped animal are present on the school grounds.
m) Request by a Public Safety Official or Fish & Wildlife officer to respond to a mountain lion or an escaped exotic animal that is an imminent threat to a person. Handling of these situations will be a joint response between the requestor and the Contractor. Contractor will be acting in an advisory capacity. Contractor is responsible for arranging a third party to DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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21 handle, transport and/or care for exotic animals. If a third party is retained by Contractor, said third party shall have lead advisory responsibilities. Public Safety Officials and/or Contractor will determine if Fish and Wildlife need to respond to the scene. Contractor will remain on the scene with requesting Public Safety Official until situation is resolved.
2. Priority 2: Respond without unnecessary delay, within (4) hours of receipt of the call from the reporting party:
a) Dog, cat or domestic animal sick, or with minor injury b) Sick or injured wildlife
c) All non-threatening Dangerous Animal permit violations d) Dog or cat in trap
e) Animal in custody (stray confined)
f) Pack of dogs
g) Dead animal at a school between 7:00 AM and 8:00 PM (excluding holidays)
3. Priority 3: Respond without unnecessary delay within a maximum of 18 hours of receipt of the call from the reporting party and as soon as reasonably possible beforehand to the following situations:
a) Animal at large (non-aggressive and non-threatening) in violation of local ordinance b) Rescue animals when the animal’s life is not in danger c) Reports of animal bites or attacks where there is no longer an animal at large which is an immediate threat to persons or property.
d) Dead animal pick-up
e) Animal bite quarantines
4. Priority 4: Respond without unnecessary delay within 24 hours of receipt of the call from the reporting party:
a) Stray patrol request
b) Owned animal for relinquishment (based on special circumstances or special hardship situation)
5. Priority 5: If there are no calls pending in the other priority categories:
a) Officers will patrol City and County parks and neighborhoods in areas accessible by Contractor’s vehicle, and will maintain a patrol of no farther 500 yards from the vehicle.
6. Ensure that Animal Control and Humane Officers shall impound stray or confined dogs and cats and return them to the owner in the field, or transport to the anima l to the shelter, as deemed appropriate by the Officer.
7. Provide a master schedule for Animal Control staff.
C. Enforcement of state and local animal control laws; Municipal code violations Contractor will:
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22 1. Enforce all County and City ordinances pertaining to animals as outlined in Chapters
6.04, 6.12 and 6.16 of Title 6 of the San Mateo County Ordinance Code and enforce state statutes where applicable, except for number of animals per household or barking dogs, which are referred to the respective overseeing agency (code enforcement or law enforcement).
2. Uniform Ordinances and Citation Authority. County shall encourage the Participating City jurisdictions shown on Exhibit D to adopt and maintain animal control ordinances and fee schedules that are materially equivalent to the County’s animal control ordinance and fee schedule. The animal control ordinances for all jurisdictions shown on Exhibit D should be substantially the same as the provisions of Chapters 6.04,
6.12, and 6.16 of Title 6 of the San Mateo County Ordinance Code, as amended, to be effective within the city limits. The fee schedule shall be the same as outlined in Chapter
6.04.290 of the San Mateo County Ordinance Code.
3. Enforcement of city ordinances which differ materially from the County ordinance need not be enforced by Contractor unless Contractor agrees that the ordinance does not conflict with its mission, and the city and Contractor mutually agree on the cost of services. Participating Cities agree to provide notice to Contractor of any changes to their City codes that would relate to additional or different Contractor responsibilities under this Agreement.
4. Upon request by a Participating City, the County, or residents of a Participating City or the unincorporated County, investigate complaints of animal related public nuisances, to those ordinance code violations enumerated in Chapter 6.04 of Title 6 of the San Mateo County Ordinance Code and similar city ordinances, with the exception of complaints regarding barking dogs.
D. Citations
Contractor will:
1. Develop a voidable animal license citation process for license violations, that affords the animal owner 30 days in which to register for a license and have the citation voided.
Specifically, on all complaints involving stray or loose animals, municipal complaints and quarantines etc., if the animal owner living in San Mateo County does not have their animal licensed in San Mateo County, the Animal Control Officer (“ACO”) will issue a voidable license citation to the animal owner.
2. Ensure that ACO/Humane Officers issue administrative and non-administrative citations for City, County or State violations. Written warnings can be issued for first offense minor violations only if the ACO/Humane Officers follow up within two weeks to ensure compliance with the written warning.
3. Record all citations and written warnings in the Chameleon (or any successor system) software system.
E. Impoundment of animals
Contractor will:
1. Impound all dogs caught at large, scan all dogs and cats, that are safe to handle, for microchips in the field and provide for field return to owner as deemed appropriate by the Animal Control Officer.
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23 2. Except when responding to a Priority 1 or Priority 2 call or when responding to a Priority 3 or Priority 4 call in order to meet expected response times, ensure that when Animal Control Officers observe a violation of the Participating City or County ordinance, the Animal Control Officer will stop, contact the animal owners, and take appropriate actions, such as a written warning for first offense, or the issuing of a citation for subsequent violations.
3. Investigate and follow up with impoundment, citation, search and seizure warrant for animal bites, vicious/dangerous animals, and attacks in conjunction with respec tive City Attorney or County Counsel and/or County District Attorney.
4. Contractor shall impound animals in the regular course of its enforcement of City and County ordinances as necessary to protect the safety of persons and property, or the animal. In addition to its ordinary impoundment responsibilities under this Agreement, if Contractor receives a specific request from a City and/or County law enforcement agency, Contractor shall promptly impound any animal, whether the animal is on public or private property. Contractor shall obtain any necessary consent or warrant as required by law for all impoundments. In exigent circumstances, in which a warrant is not required because personal or public safety is at imminent risk, Contractor shall impound the animal immediately. However, in the event that Contractor determines that a warrant is necessary for the impoundment, Contractor shall promptly seek such warrant and take all steps necessary to ensure that the animal is secured in such a manner that it pose s no threat to the safety of any person pending the impoundment.
In those limited situations in which Contractor reasonably believes that there is no violation, seizure is unlawful and there are no grounds for seeking a warrant despite the request by City or County law enforcement, Contractor’s President and/or legal counsel shall promptly discuss the legal and factual basis for Contractor’s determination with the Chief of Police or designee of the respective City (or County Sheriff or designee if applicable) and the County Animal Control Manager or designee, if available within one hour. If the City or County representatives are not available and/or there is still disagreement, and City or County law enforcement still requests impoundment, City or County law enforcement will seize the animal, and Contractor with thereafter take custody of the animal and impound the animal at the shelter. In these situations only, if the City or County law enforcement officer believes that a warrant should be applied for, but Contractor does not believe there are grounds for such warrant, the law enforcement officer shall supply the affidavit for such warrant and, at the request of the City or County law enforcement officer, Contractor shall seek the warrant from the court.
5. Contractor shall not release any impounded animals unless the owner of such animal, or another individual with express verbal or written authority from the owner to pick up the animal (and such authority has been directly conveyed to Contractor from owner ), appears at the Contractor’s facility, and pays the relevant impoundment, emergency medical treatment, and licensing/permit fees to redeem said animal. Fees may be billed under certain circumstances as outlined in Exhibit A. - VI. Operations – D. Administration – 1 Financial Systems.
F. Transport of sick, injured animals
Contractor will:
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24 1. Ensure the transfer of any injured or sick animals to the animal shelter or veterinary emergency hospital, or ensure that the owner (if present) of the animal seeks medical treatment.
G. Field euthanasia
Contractor will:
1. Ensure that if euthanasia is necessary for a sick or injured wild animal while it is in the field, the euthanasia shall be conducted by trained personnel with necessary equipment.
This service shall be available twenty-four (24) hours a day, seven (7) days a week, 365 days a year.
H. Investigations for animal bites, dangerous & vicious animal cases Contractor will:
1. Conduct thorough investigations of dangerous or vicious animals, which shall include interviewing witnesses, collecting evidence, writing reports, taking photos, requesting related information and securing search warrants to impound a vicious or dangerous dog, making initial designations as dangerous or vicious, and testifying at hearings. This investigation should be completed, and the report and all supporting information presented to the County, at least three (3) calendar days ahead of the scheduled hearing.
Contractor, pertaining to Contractor’s duties as outlined herein, will follow the applicable County and Participating City ordinances.
2. Investigate municipal code violation complaints within the jurisdictional boundaries of the Participating Cities and the unincorporated County pertaining to Contractor’s duties as outlined herein. This includes, but is not limited to, interviewing witnesses, collecting evidence, taking photos, writing reports, requesting related information and securing search warrants, issuing citations, and participating in hearings or court proceeding s as needed for potential impoundment and/or prosecution. Officers will work closely with the City Attorney or County District Attorney as applicable.
I. Removal of dead animals
Contractor will:
1. Remove dead animals from the public right-of-way, except freeways and/or highways, which are maintained by CALTRANS.
2. Remove stray dead domestic animals from private property for no charge.
3. Remove owned domestic dead animals at the request of owner with a charge to the member of the public requesting the service, as set forth in the Fee Schedule. All such fees collected by the Contractor shall be remitted to the County.
4. Pick up and dispose of any dead animal on any street, sidewalk, school, or other public property.
5. In cases where animal contact meets the criteria for rabies testing, pick up dead or live wildlife on private property. In cases where animal contact meets the criteria for rabies testing, the Contractor will follow the rabies testing protocol.
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25 6. Dispose of dead wildlife or domestic dead animals that are brought to the shelter. If a commercial wildlife removal or pest company wants to dispose of dead animals, they will have to enter into a contract with the County to pay for disposal fees.
7. If Contractor is unable to safely remove a dead animal, Contractor will hire a qualified third-party using contract funds to remove the dead animal.
J. Quarantine of animals
Contractor will:
1. Quarantine biting animals and enforce State Codes, California Rabies Compendium, and County guidelines relating to rabies control. This includes providing state-mandated rabies clinics.
2. Work with San Mateo County Health to jointly determine when an in-home bite quarantine is appropriate and will be made available.
K. Dispatch
Contractor will:
1. Provide radio dispatching to the field between the hours of 8:00am and 6:00pm on Monday through Friday and 8:00am and 5:00pm on Saturday, Sunday, and Holidays.
2. County shall provide radio dispatching to Contractor between the hours of 6:00pm and 8:00am Monday through Friday and 5:00pm and 8:00am Saturday, Sunday, and Holidays. The Contractor will pay the annual cost for County Radio Dispatch using funds paid to Contractor pursuant to this Agreement.
3. Have a system for phone calls to roll to another person in order to answer calls from the residents for the County. If there is more than one (1) Dispatcher on shift, the phone lines will be set up so the calls coming in roll between the multiple phones.
4. Have a line for law enforcement, fire, and other government officials to call on at all times when the contractors dispatch is open if they need service from the Contractor.
5. County shall maintain County-owned radio equipment as denoted in Attachment M County-Owned Radio Equipment.
V. VETERINARY MEDICAL SERVICES
A. Provide veterinary care for animals
Contractor will:
1. Make medical decisions that balance both the best interest of the individual animals requiring treatment and the County Shelter population.
2. Ensure that the County Shelter medical services include, but are not limited to: animal exams, vaccinations, microchipping, dispensation of medications, disease prevention, surgeries (e.g. enucleations, amputations and wound repairs), emergency care of injured animals, euthanasia and coordination with other local, state and national agencies.
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26 3. Ensure that Contractor’s veterinary medical staff regularly monitor the status of individual animals and the population as a whole.
4. Have and apply written disease prevention and response policies and procedures.
Disease response procedures should include measures to minimize transmission to unaffected animals or people and should ensure appropriate care of the affected animals.
Procedures should include a treatment plan where decisions are based on a range of appropriate criteria, including the ability to safely and humanely provide relief, duration of treatment, prognosis for recovery, the likelihood of placement after treatment, the number of animals who must be treated and the expense and resources available.
5. Ensure that there is preventive health care appropriate for each species and include protocols that strengthen resistance to disease and minimize exposure to pathogens.
6. Ensure that medications and treatments are only administered with the advice of a veterinarian or in accordance with written protocols provided by a veterinarian, and all drugs are dispensed in accordance with federal and state regulations.
7. Whenever possible, ensure all veterinary care and treatments are recorded in Chameleon (or any successor system).
8. Microchip and spay/neuter all animals for adoption prior to pick up by new owner, as required by law, unless a veterinarian determines the procedure is not safe for the animal’s health to performed.
9. Have written policies regarding care and treatment of injured and sick animals and that are in alignment with State or local laws and address.
B. Veterinarian medical licensing/registration
Contractor will:
1. Maintain current premise permits and meet all veterinary licensing requirements as specified by the California Veterinary Medical Board and California and federal law.
2. Maintain licensure to dispense and supply shelter and field services staff with the controlled substances necessary for performance of field captures and euthanasia, including the monitoring and security of such substances.
3. Ensure that veterinary staff meet certification and/or license requirements set forth by the State of California. Staff includes veterinarians, registered veterinary technicians, and other licensed or certified personnel.
C. Medical examination, treatment, and medication
Contractor will:
1. Ensure that the veterinary staff 1) perform a medical examination upon arrival for all sick/injured animals, 2) direct and monitor the care of injured and/or sick animals, 3) adheres to and directs procedures to reduce or respond to the outbreak of infectious diseases, and 4) provide a medical exam for all animals (except those needing emergency care) within 24 hours of arriving at the shelter.
2. Provide for laboratory services including stool examinations, cytology, urine analysis, heartworm tests, FELV/FIV tests, electrolytes measurements, and blood counts, among other testing.
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27 3. Ensure adequate and appropriate administrative controls are in place to monitor medications and medical supplies.
VI. OPERATIONS
A. Personnel
1. Staffing
Contractor will:
a) Hire personnel that are fully-qualified, authorized, licensed or permitted under applicable State and local law to perform such services.
2. Contract Funding of Staff
Contractor will:
a) Ensure all shelter, field, facilities and veterinary-related staff and managerial positions funded 100% by the Contract, spend 100% of their time working at the County Shelter, or providing other services to the County and Cities pursuant to this agreement (excluding disaster work, training, or meetings.) If one of these staff member works less than 100% of their time at the County shelter, the percentage of hours worked under the items of this Contract will be documented on a timesheet/time clock. Hours worked at another location will not be charged to Contract funds. If one of these staff members’ time is divided between the County shelter and other sites, Contractor shall prioritize services deno ted within this agreement. Contractor will include with the monthly invoice a report of the FTE hours worked at the County shelter by these staff members. An organization chart will be sent to the County annually that shows the Contractors entire organization including the percentages of time staff paid by the County shelter.
3. Training
Contractor will:
a) Annually provide a training plan that includes any certifications required by State laws. b) Be responsible for providing fully trained personnel in all aspects of performance, including proper animal care, animal handling, and enforcement procedures and techniques. c) Ensure all ACOs complete Penal Code 832 Arrest course or be appointed pursuant to California Corporations Code Section 14502 as Humane Officers, issue citations, receive ongoing training and maintain proper education, experience and/or certification within one (1) year of hire.
d) Ensure all ACOs pass approved baton training at earliest feasible opportunity. No ACO shall use a baton until trained.
e) Require all ACOs to be certified to perform euthanasia by injection as defined by California law. All ACOs will complete required training per state law. f) Require all staff that perform animal euthanasia to be trained pursuant to State law. g) Require staff members that have access or review documents, such as bite reports and human medical records, to complete HIPAA training.
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28 4. Volunteer Program
Contractor will:
a) Have an active volunteer program to support the Animal Care and Control program and related activities. The County encourages the use of volunteer support in all aspects of the program unless prohibited by State law. The volunteer program will be guided by policies and procedures similar to those for Contractor’s employees. b) Contractor should work to increase the volunteer to staff ratio as may be deemed appropriate by Contractor for specific programs.
c) Carry insurance on volunteers, including coverage for volunteers at the shelter including but not limited to their interaction with animals.
d) Outline how they will recruit and coordinate volunteers and assigned activities. e) Track volunteer hours and report numbers annually to the County. f) Outline which tasks the volunteers will be assigned to complete at the shelter.
B. V.6.4. Vehicles
1. Acquiring /Replacement
Contractor will:
a) Utilize funds paid to Contractor pursuant to this Agreement to acquire or replace vehicles.
2. Vehicle Maintenance and Repair
Contractor will:
a) Provide proof of automobile liability insurance covering all Contractor staff utilizing vehicles pursuant to this Agreement.
b) Be responsible for all vehicle maintenance and repairs to be paid out of funds paid to Contractor pursuant to this Agreement.
c) Utilize and maintain existing and replacement vehicles assigned for animal control activities.
d) Provide a quarterly maintenance and repair report listing all vehicles and the service received.
e) Ensure all vehicles receive routine maintenance as required by the manufacture r. f) Maintain all of the vehicles such that they remain in a safe, professional condition at all times. Records must be kept on all maintenance problems and mileage. g) Keep vehicles in good repair and ensure that there are no dangers to animals inside the vehicles that could cause injury such as sharp edges, gaps in doors etc. h) Clean and disinfect after an animal has been transported in the vehicle. i) Ensure all vehicles are kept clean on the inside and outside.
C. Procurement
1. Inventory
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29 Contractor will:
a) Maintain and provide to the County, within thirty (30) days of execution of this Agreement, a current inventory of all equipment 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. Provide to the County, within six (6) months of signing the Agreement, an inventory of all durable equipment purchased using contract funds and having a current fair market value of $1,000 or more.
2. Computer Hardware and Software
Contractor will:
a) Be responsible for the provision and replacement of County-owned hardware and software using contract funding, grants or private funds as long as all of the computer hardware located in the County Shelter purchased using contract funds is considered the property of the County. Items owned by the County will be listed in the annual inventory. b) Maintain an inventory of purchased hardware and software. c) Be responsible to provide server, internet connectivity and equipment to operate all computers within the shelter. This will include the set-up of the service for the equipment.
3. Operating Supplies
a) The Contractor shall be required to purchase all operating supplies for the purpose of any service provided under the terms of the contract with contract funds, County-directed donations or other funding sources directed solely to the County Shelter; the supplies will be and remain the property of San Mateo County.
b) County shall provide animal licensing tags for dogs, cats, animals held under a Dangerous Animal Permit, and animals designated as Service Animals.
D. Administration
1. Financial systems
Contractor will:
a) Have in place a process and have the capability to provide billing and provide activity reports to the County.
b) Contractor will not release any impounded animals unless the owner of such animal, or another individual with express written or verbal authority (such verbal authority having been conveyed to Contractor directly from owner) to represent the owner, appears at the Contractors facility, and pays all applicable impoundment, emergency medical treatment, and/or licensing/permit fees to redeem said animal. Exceptions may be made where efforts to collect said fees would, in Contractor’s reasonable estimation, potentially jeopardize the safety of its staff, volunteers or facility. Contractor will alert the program manager of Animal Control and Licensing regarding the threat of harm to the staff. c) Contractor will require license fees to be paid before the animal leaves the shelter. d) Contractor will bill the responsible party if it is reasonably determined that they cannot pay the required fees at the time an animal is released. Contractor will use every effort to confirm that the responsible party is unable to pay fees. In the case of unaltered dogs, cats and DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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30 rabbits, fees will only be billed provided the responsible party agrees to have the animal spayed or neutered prior to the animal being released from the shelter. e) Fees will only be transferred to the County for billing as a last resort. Any time a responsible party is billed, the responsible party shall be provided a detailed and clear itemized list of fees, as well as a letter on San Mateo County Health Department letterhead explaining how to pay owed fees and the potential for collections actions to follow.
2. Financial Audit & Operational Audit
Contractor will:
a) Provide periodic updates on the annual external audit process, including information on the process which will be used to ensure the completion of audits. The completed written audit and opinions shall be supplied to the County by December 31st of each calendar year for the previous fiscal year.
b) Annually hire an independent auditor, who will conduct a fiscal year audit of all expenses and revenues and services noted above. The auditor must document and express an opinion on program revenues, expenses and units of service and must conduct audit in accordance with generally accepted auditing standards. The audit report shall also express an opinion regarding compliance with the financially related terms of the Agreement. c) After completion of the audit, allow County or City personnel, or consultant to speak directly with the auditors in a joint session with Contractor. d) Contractor shall use all commercially reasonable efforts to achieve economy, efficiency and effectiveness in performance of the services provided. Contractor and County will meet on occasion, as requested by County, but not to exceed more than once per year, to consider revisions which may be needed to the reporting forms created to document performance of the services provided. At any time during the term of this Services Agreement, but not to exceed one time annually, County may request, and Contractor shall provide additional detailed information concerning services performed under this Agreem ent for the purpose of a performance audit. The County shall make every effort to follow Generally Accepted Government Auditing Standards (GAGAS). e) At any time during normal business hours and as often as the County may deem necessary, allow the County and/or representatives of the County to observe all Contractor’s staff and volunteers in all areas of the County Shelter operation. County/City and/or representatives/contractor shall reasonably conduct themselves so as to not impede regular operations or functions. At no time will the County/City and/or representatives/contractor of the County direct the work of any Contractor staff in any manner. f) At any time during normal business hours, with 24-hour notice from the County, and as often as County may deem necessary, provide to the County and/or representatives of the County records for examination with respect to all matters covered by this Agreement. Any records (e.g., personal employment) that would require notice to interested parties, shall be so noticed to the extent required by law prior to disclosure. Notice to Contractor shall not be required if the County has evidence of fraud or other misuse of contract dollars on the part of the Contractor; provided, however, that Contractor does not waive any priva cy rights that individual employees may have. Nothing in this Services Agreement shall be construed as granting County any right to make copies, excerpts or transcripts of information unrelated to the Services Agreement without the prior written consent of Contractor.
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31 3. Documentation
Contractor will:
a) Maintain for at least four (4) years after contract termination, and provide to County, or any Federal or State department having monitoring or review authority, to County’s authorized representatives, 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 Services Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.
b) Maintain for at least four (4) years after contract termination, and provide to County as requested records of animals impounded including the description of animal; date of receipt; date and manner of disposition; treatment received; name and address of person who redeemed animal; and fees, charges and proceeds charged and collected for redemption.
Contractor will provide information regarding adopters and fees for those animals adopted at the County Shelter. Contractor shall record all vaccinations. c) Maintain a complete record on each animal within the Chameleon (or any successor system) database.
4. Quality Improvement
a) Contractor shall have a Quality Improvement program to ensure maintenance of key documents, reporting, scheduling services and activities, staff performance, and customer service.
E. Public services
1. Contractor agrees to convene a Participating City Managers’ or Police Chiefs Group at a minimum of once per year over the term of this Services Agreement.
2. Contractor shall convene an annual meeting with Contractor’s Board of Directors, President of the organization, and a committee of Participating City and County elected officials upon request, at a minimum of once per year during the term of this Services Agreement to review work covered herein.
3. Contractor agrees that the President, Senior Vice President of Operations, Senior Director of Operations will meet monthly with the Program Manager of Animal Control and Licensing.
4. When the County responds to a public records request, it will also provide an exact copy to Contractor of the documents disclosed to the member of the public.
5. Contractor agrees to present an annual report and supporting documentation to the Board of Supervisors that addresses the performance of the contracted services set forth in this Agreement.
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32 6. Public services include, but are not limited to: staffing the call center, providing and running a website, reunification of lost animals with owners, animal adoptions, animal transfers to partner organizations, adoption promotions, licensing services, vaccination and microchip clinics, media inquiries, citizen complaint resolution, public education and outreach, utilization of volunteers, and coordination with other local, state and national agencies. Services also include the proper collection and handling of financial transactions associated with fees, fines, donations, and contract payments.
7. Contractor will provide quarterly communication updates to the County and Cities for public release on their websites and within social media. This should include any information for residents on services provided by the Contractor.
Contractor will:
8. Issue animal licenses and or required permits and collect applicable fees for dogs and cats that are encountered at the County shelter.
9. Provide public hours at the County Shelter as follows: Shelter will be open 7 days a week with a minimum of 8 hours per day Monday-Friday (e.g. open 11:00AM-7:00PM) and 6 hours (e.g. open 11:00AM-5:00PM) per day on Saturday and Sunday. The shelter can be closed on major holidays (see attachment L – Peninsula Humane Society Holidays), provided, however that on such holidays, Contractor shall maintain the minimum staff necessary to care for the animals and respond to field activities. Shelter will be cleaned by 11 am and ready for public to enter during business hours.
10. Provide method(s) for customers to find and claim lost pets through the Contractor’s website, call center, notification by mail and telephone.
11. Promote adoptions and licensing through a variety of outreach strategies, including public education and outreach opportunities that contribute to increasing the live rel ease rate and decreasing pet overpopulation.
12. Ensure customers are provided with exceptional customer service by achieving a positive customer satisfaction rating according to a survey to be developed in conjunction with County approval and administered annually. The survey must include a customer feedback component to ensure continuous improvement.
13. Develop and maintain acceptance, tracking and resolution procedures for customer service complaints received regarding Animal Services. 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. County will be advised for sensitive or unusual complaints.
F. Provide monthly low-cost vaccination clinics at the shelter Contractor will:
1. Hold at least one (1) monthly low-cost vaccine clinic at the County Shelter for the residents of San Mateo County. The Contractor shall sell licenses at the monthly low-cost vaccine clinics and all fees collected at the clinic will be remitted to the County.
G. Issuing licenses
Contractor will:
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33 1. Provide online information on how pet owners can license their pets to include locations for purchase and web addresses.
2. Issue replacement tags to dog owners whose license tags are lost, stolen or damaged, for applicable fee.
3. License and/or issue required permits and collect for County all applicable fees for all dogs and cats that are encountered at the County Shelter as required by applicable ordinance.
4. Issue a one (1) or three (3) -year option for dog licenses to the general public as required by applicable ordinance/law and collect applicable fees for County.
5. Provide an online option on the Contractor’s website (https://www.petdata.com/ URL link to the County’s current subcontractor, PetData, Inc.) to license or renew animal licenses.
6. Properly handle the collection, deposit, remittance, and refund of all money associated with service fees, fines, and contract payments.
7. Collect all fees documented in the ordinances.
8. Contractor shall remit to the County monthly any and all fees collected, pursuant to ordinance, as well as, vaccine and microchip clinic fees, and animal licensing fees.
H. Software
Contractor will:
1. Utilize the Chameleon (or any successor system) software and database animal sheltering information system for the purpose of tracking all animal intakes and dispositions, behavioral notes, all medical conditions and treatment (with the exclusion of some medical notes that are unable to be added to the database and can be handwritten), notes made by volunteers may be hand written, animal control field activities, animal control citations and written warnings, animal bites and bite quarantines and other data relevant to the management of the animal services operation. Contractor shall provide copies to the Participating Cities/County or contractor all written notes as well as data within the Chameleon (or any successor system) software upon request.
2. Be responsible for paying all of the Chameleon (or any successor system) software system fees for work related to the contract, including the County licenses, using contract funds. The Chameleon (or any successor system) license will list San Mateo County and Peninsula Humane Society & SPCA as the database owners. In the event of contrac t termination or expiration, each party shall receive an exact copy of the database information, and if any technical problems arise regarding that goal, each party agrees to use best efforts to achieve this result.
3. Ensure the “adoption” outcome in Chameleon (or any successor system) shall be utilized for private individuals who have adopted a pet with the intention that the animal is to be their permanent pet or the permanent pet of their friend, partner or relative. The “transfer” outcome in Chameleon (or any successor system) shall be utilized for Partner Group organizations and their designees that plan to temporarily hold the animal until it can be adopted to a private individual or that plan to provide a hospice type service for the animals.
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34 4. Ensure every live animal goes through an intake process where a photo and description of each animal is added to the Chameleon (or any successor system) database. Core vaccinations, deworming and any necessary flea treatment for animals to be sheltered shall also be administered and documented in Chameleon (or any successor system) during the intake process. The photos of all stray animals impounded at the County Shelter shall be made available for viewing by the public on the Contractor’s lost and found website page during the stray hold period. The photos of all adoptable animals past any necessary stray hold period kept at the County Shelter shall also be made available for viewing by the public on the Contractor’s website.
5. Ensure all owner contact information and attempts to contact the owners of animals wearing a license or identification tag, a microchip or any other kind of identification must be recorded in Chameleon (or any successor system). Behavior notes and all other information regarding the animal shall also be recorded in Chameleon (or any successor system).
6. Contractor will record in the Chameleon database Activity Record field responses with staff going on scene to the location of the activity differently than they will non-field responses, such as leaving phone messages, phone conversations, radio conversations, mailing letters, or any other activities performed when staff is not physically on the scene of the location of the activity. Recording field and non-field responses differently will allow accurate response reports to be generated. Response time reports for the City/County will only include field service calls when field staff is dispatch to a scene to handle a priority 1-5 call. It will include the time call was received, time dispatched, time the staff arrived on the scene and time the staff cleared the scene and what action the staff took.
7. Ensure all dogs, cats, puppies and kittens in a litter, weaned or not weaned, shall always be provided with an individual animal ID number in Chameleon (or any successor system) that is counted in both intake and outcome statistics.
I. Disaster response
Contractor will:
1. Coordinate with County in the event of a disaster/declared state of emergency.
2. Provide assistance to residents, local law enforcement, fire agencies and the County of San Mateo Office of Emergency Services to evacuate, shelter, and care for animals in the event of a disaster.
3. Be activated by the County’s office of Emergency Services in accordance with the County’s Incident Command System.
4. Work with other groups within the County during a disaster to ensure animals are safely evacuated and proper care is provided.
5. Ensure that staff or a third-party organization is available to respond to a disaster and are trained in the handling and care of all animal species within the County.
6. Ensure that each staff member responding to the disaster completes necessary FEMA forms.
7. Participate in a minimum of one (1) full-scale disaster exercise with San Mateo County Health or the Office of Emergency Services annually.
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35 8. When staffing is available, supply 1-2 staff members during disasters that can rotate into the emergency operations center as needed by the County.
9. Ensure that all staff and volunteers responding to the disaster have completed ICS 100 & 700, as well as trained to the animal care and handling standards of the Contractor.
10. Train with other non-profits and groups in the County on evacuations, sheltering set ups and communications during a disaster, etc.
J. Mutual Aid
Contractor will:
1. Respond during a disaster in other Counties when requested by the San Mateo County Emergency Operations Center. Shelter and Field services must continue to operate in San Mateo County when providing support to other jurisdictions. 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, shall promptly provide a detailed written explanation of why it is unable to do so.
2. Contractor will work directly with San Mateo County Health and EOC during a disaster for mutual aid needs or supplies.
K. Recovery
Contractor will:
1. Work with animal owners on the pickup of their animals that have been cared for during the disaster. Thirty (30) days of Shelter fees can be waived by Contractor due to the disaster and include documentation in the database. If that animal needs to be held longer and more fees should be waived, Contractor will get approval from the County.
2. For those animals that owners wish to relinquish, the Contractor will look at alternative placement options for the animals such as adoptions, foster homes, or partner groups.
3. Plan Continuity of Operations Plan (COOP)
4. Within six (6) months of signing the agreement, Contractor will create a 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. Plan to be provided to the County annually.
VII. REPORTING
Provider will provide the following reports as specified within the required time period.
Monthly Reports DUE
1. Live animal intake kennel statistics (counts and
percentages) by:
Animal, including dogs, cats, other domestic
animals, and wildlife, Intake type, including
owner-surrender, confiscated, stray, owner-
requested, Outcome, adoption, reclaim, transfer,
euthanasia, died, missing, owner-requested
Upon Invoicing
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36 euthanasia, etc. by Jurisdiction and summarized
2. Dead animal statistics (counts and
percentages) by: Animal, including dogs, cats,
other domestic animals, and wildlife
Upon Invoicing
3. Field pick-up and drop-off: Jurisdiction and
summarized, Patrol calls and response times by
priority to include jurisdiction of the call and
outcome
Upon Invoicing
4. Field activities response times are to be
calculated from the time of the call for field
service to when the Animal Control Officer arrive
on the scene of the field activity. Report should
include the minimum time, maximum time,
average time, targeted time percentage per
priority, both summarized and by jurisdictional
location, and results.
Upon Invoicing
5. List of citizen complaints by jurisdiction and
category, timeline for resolution, and associated
outcome.
Upon Invoicing
6. Number of citations issued, categorized by
ordinance and jurisdiction.
Upon Invoicing
7. Number of voidable license citations issues
and number voided with the purchase of a
license.
Upon Invoicing
8. Revenues collected by jurisdiction and type
and summarized.
Upon Invoicing
9. Financial reports reflecting budget to actual
comparison information for revenues and
expenditures by line item. As an addendum to the
financial report, a narrative outlining any
foreseeable issues or operational changes that
the Contractor believes may be necessary for
approval by the County.
Upon Invoicing
10. Staff report on FTE percentage of hours
spent at the County shelter.
Upon Invoicing
Quarterly Reports Due
1. License sales performed by Contractor by
species and type and jurisdiction with summary.
Upon invoicing for January, April, July, October
2. Rabies vaccination and microchipping clinics
statistics, with summary of total vaccinations
administered by species and type.
Upon invoicing for January, April, July, October
3. Dangerous & vicious animal cases by
jurisdiction and outcomes.
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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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 FTE’s. 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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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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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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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 vacc ine clinic based upon the prior fiscal year’s measure.
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, assess and audit Contractor’s performance of services and use of 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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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 to Contractor’s provision of services hereunder are greater than could have been 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 approval of the Board of Supervisors and contracting Cities’ representatives.
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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 accept the Controller’s determination of any increased costs.
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 the option to accept the Controller’s determination. Should Parties decide not to accept the Controller’s determination, Parties have an additional thirty (30) days to determi ne whether they wish to exercise early termination of this Services Agreement, as set forth below. Parties’ failure to exercise this early termination option at the end of this thirty (30) 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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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. In no event, however, shall County’s 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) All invoices should reflect the “Staff report on FTE percentage of hours spent at the County shelter” and shall include:
(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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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. “Under the penalty of perjury under the laws of the State of California, I hereby certify 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 ____________________ Agency ____________________”
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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, in areas accessible by Contractor’s vehicle, 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, Contractor’s responsibility is limited to testifying as may be needed 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. This will be funded by the contractor’s non-profit organization. Contractor will ensure that the Humane investigators attend an annual training with the District Attorney’s office and send a report annually on the number of cruelty cases 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.
This will be funded by the contractor’s non-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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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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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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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 at the time the animal is returned to the owner or the owner’s representative, and shall not release the animal until fees are paid unless refusing to release the animal would, in Contractor’s 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 by executing said form with responsible parties’ signature. 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) Responsible party’s name, address, and telephone
(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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49 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 Budget Grand Budget Category Total Total Total Total Total Total
Personnel $3,432,241.20 $3,529,662.03 $3,635,551.89 $3,744,618.44 $3,856,957.00 $18,199,030.55 Fringe $1,120,626.75 $1,152,434.65 $1,187,007.69 $1,222,617.92 $1,259,296.46 $5,941,983.48 Operating Expenses $1,139,500.00 $1,162,290.00 $1,185,535.80 $1,209,246.52 $1,233,431.45 $5,930,003.76 Equipment $78,200.00 $79,764.00 $81,359.28 $82,986.47 $90,058.36 $412,368.10 Subcontracts $387,080.00 $373,221.60 $379,486.03 $385,875.75 $392,393.27 $1,918,056.65 Other Costs $31,643.00 $30,108.00 $30,514.98 $28,678.90 $26,602.48 $147,547.36 Total Expenditures $6,189,290.95 $6,327,480.28 $6,499,455.67 $6,674,024.00 $6,858,739.01 $32,548,989.91
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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. “Business Associate" shall generally have the same meaning as the 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 “covered entity” at 45 CFR 160.103, and in reference to the party to this agreem 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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51 m. Unsecured PHI. “Unsecured PHI” is protected health information that is not rendered 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 information system. “Security Incident” 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 us e 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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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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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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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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55 Attachment J
Rabies Algorithm
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61 Attachment K
Animal Shelter Facility Use and Maintenance Agreement
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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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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 DocuSign Envelope ID: 36C4C10E-2F38-40CD-9CDE-B18E022DAB04 DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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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; DocuSign Envelope ID: 36C4C10E-2F38-40CD-9CDE-B18E022DAB04 DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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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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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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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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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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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' DocuSign Envelope ID: 36C4C10E-2F38-40CD-9CDE-B18E022DAB04 DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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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 DocuSign Envelope ID: 36C4C10E-2F38-40CD-9CDE-B18E022DAB04 DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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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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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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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) DocuSign Envelope ID: 36C4C10E-2F38-40CD-9CDE-B18E022DAB04 DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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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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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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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.
DocuSign Envelope ID: 36C4C10E-2F38-40CD-9CDE-B18E022DAB04 DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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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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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. It’s good for the 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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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 deduct the past due amount from Contractor’s next monthly payment.
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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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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
DocuSign Envelope ID: 36C4C10E-2F38-40CD-9CDE-B18E022DAB04 5/3/2021 | 9:31 AM PDT
5/3/2021 | 12:33 PM PDT
Kevin Sporer
Facilities Deputy Director
5/3/2021 | 2:17 PM PDT
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82 Attachment L
Peninsula Humane Society Holidays
• N
ew 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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83 Attachment M
County-Owned Radio Equipment
• 4 - Mot
orola 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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Template Version November 16, 2016