HomeMy WebLinkAboutReso 102-2021 (21-381)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 102-2021
File Number: 21-381 Enactment Number: RES 102-2021
RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH THE
COUNTY OF SAN MATEO FOR CONTINUED
PROVISION OF ANIMAL CONTROL SERVICES FOR
A FIVE-YEAR TERM BEGINNING JULY 1, 2021, NOT
TO EXCEED $662,368 FOR FY 2021/22.
WHEREAS, Animal Control has been one of the longest running regional shared services in
San Mateo County, in which all twenty cities in the County have participated since 1952, taking
advantage of the economies of pooling resources to realize lower costs for services than each city could
likely achieve by providing its own resources; and
WHEREAS, the contract with the current provider, the Peninsula Humane Society & SPCA
(PHS), expires June 30, 2021; and
WHERAS, Animal control services are housed in a facility owned by the County at 12 Airport
Boulevard in San Mateo; and
WHEREAS, a Request for Proposals was released to 71 organizations on January 5, 2021 for
an Animal Control and Services contractor to serve San Mateo County and two contractors submitted a
proposal; and
WHEREAS, a review committee comprised of nine reviewers, including a Deputy County
Manager, San Mateo County Fiscal Officer, five reviewers from various San Mateo cities, and two
subject matter experts evaluated the proposals and selected PHS to be the preferred contractor; and
WHEREAS, the five-year term of the contract shall be from July 1, 2021 - June 30, 2026, with
a total contract amount for regional services of $32,548,990; and
WHEREAS, Animal Control Services to be provided by this contract include, but are not
limited to, response to local requests for animal rescue, capture of at -large stray animals, investigation of
animal bites and attacks, removal of dead animals from public property, response to situations in which
wildlife come into contact with humans, enforcement of leash laws and local ordinances, euthanize
animals where necessary, collection of animals that are injured or confined at schools, response to calls
for animals in traffic, response to aggressive dogs, treatment of injured or sick domestic animals or
wildlife, provision of
City of South San Francisco Page 1
File Number., 21-381
Enactment Number., RES 102-2021
shelter services, veterinary care, treatment of injured animals, issuing animal licenses, resource for
residents looking for lost pets, and provision of other services for pets; and
WHEREAS, the newly negotiated contract increases the services provided by the current
contract, with a reduction in cost of $577, 915 over 5 years; and
WHEREAS, South San Francisco's estimated share for FY 2021/22 is 10.09% of the total cost,
or $662,368, with invoicing to be issued in December of each year determined by actual costs; and
future costs have been projected over the five-year term to include an average increase of 2.6% over
each prior year; and
WHEREAS, the agreement provides for an annual performance or fiscal audit if the Cities and
County agree there is a need to assess whether PHS is achieving efficiency and effectiveness in
performance of the services provided, and provides a copy of the performance audit to the Cities.
NOW, THEREFORE, BE IT RESOLVED, by the City of South San Francisco that the City
Council hereby authorizes the City Manager to execute an agreement attached herewith as "Exhibit A"
with the County of San Mateo for continued provision of animal control services for a five-year term
beginning July 1, 2021.
At a meeting of the City Council on 5/26/2021, a motion was made by Councilmember Nicolas,
seconded by Councilmember Flores, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember
Coleman, and Councilmember Flores
Attest by
sa Govea Acosta, City Clerk
City of South San Francisco Page 2
Eyh;bit�- A -
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 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, 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
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 County 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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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 Title 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
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 for 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 Ordinance, 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 City requiring
additional services, as negotiated between the City requiring additional
services and the Animal Control Contractor. Provision of services under
the Animal Control Services Agreement shall 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 public 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 the
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 City 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 Re uirements and Service Animal Designations.
Parties acknowledge that each City is and will remain solely responsible
for arranging and conducting hearings under its Dangerous and Vicious
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Animal, Spay/Neuter, and Fancier Ordinances, including but not limited
to providing hearing officers and a location for 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 the
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 resulting
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, hearings, 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 issue 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
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 281H of each year.
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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 licensd
$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 to
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 are 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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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 service 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 attempts 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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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.
Annually, arrange and oversee a performance audit or fiscal
assessment following the, Generally Accepted 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 from 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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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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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
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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 Services. It is expressly understood and agreed that
The County will contract 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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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 & E ui ment.
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 Shelter 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 Share 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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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 amount to be paid to the Animal Control Contractor
or the Animal Licensing Contractor shall require the Board of
Supervisors and the affected City's approval.
5.6 Use of Program Revenue. 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 cover 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 activities initiated by
residents of each City.
5.8 Term and Termination. Subject to compliance with all terms and
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conditions, the term of this Agreement shall be from July 1, 2021
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 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.
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 the 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, promises, 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
14
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 arise 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, suits, 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
15
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 officers 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 agreements
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 particular 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 City
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
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.
These 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: lmorton-feazell@smcgov.org
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.
17
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.
18
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
19
Dated:
ATTEST:
TOWN OF ATHERTON
Town of Atherton, Clerk By
20
Dated:
ATTEST:
CITY OF BELMONT
City of Belmont, Clerk By
21
Dated:
ATTEST:
CITY OF BRISBANE
City of Brisbane, Clerk By
22
Dated:
ATTEST:
CITY OF BURLINGAME
City of Burlingame, Clerk By
23
Dated:
ATTEST:
TOWN OF COLMA
Town of Colma, Clerk By
24
Dated:
ATTEST:
CITY OF DALY CITY
City of Daly City, Clerk By
25
Dated:
ATTEST:
CITY OF EAST PALO ALTO
City of East Palo Alto, Clerk By
26
Dated:
ATTEST:
CITY OF FOSTER CITY
City of Foster City, Clerk By
27
Dated:
ATTEST:
CITY OF HALF MOON BAY
City of Half Moon Bay, Clerk By
28
Dated:
ATTEST:
TOWN OF HILLSBOROUGH
Town of Hillsborough, Clerk By
29
Dated:
ATTEST:
CITY OF MENLO PARK
City of Menlo Park, Clerk By
30
Dated:
ATTEST:
CITY OF MILLBRAE
City of Millbrae, Clerk By
31
Dated:
ATTEST:
CITY OF PACIFICA
City of Pacifica, Clerk By
32
Dated:
ATTEST:
TOWN OF PORTOLA VALLEY
Town of Portola Valley, Clerk By
33
Dated:
ATTEST:
CITY OF REDWOOD CITY
City of Redwood City, Clerk By
34
Dated:
ATTEST
CITY OF SAN BRUNO
City of San Bruno, Clerk By
35
Dated:
ATTEST:
CITY OF SAN CARLOS
City of San Carlos, Clerk By
36
Dated:
ATTEST:
CITY OF SAN MATEO
City of San Mateo, Clerk By
37
Dated:
ATTEST:
CITY OF SOUTH SAN FRANCISCO
City of South San Francisco, Clerk By
38
Dated:
ATTEST:
TOWN OF WOODSIDE
Town of Woodside, Clerk By
WE
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
40
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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Attachment 1 — Agreement between County of San Mateo and the Peninsula Humane Society and SPCA
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, Contractor 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.
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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 comparing 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
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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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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 Subcontractin
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 required
coverage, and there shall be a specific contractual liability endorsement extending Contractor's coverage
to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates
shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to County of
any pending change in the limits of liability or of any cancellation or modification of the policy.
b. Workers' Compensation and Eml3lover's Liability_Insurance
Contractor shall have in effect during the entire term of this Agreement workers' compensation and
employer's liability insurance providing full statutory coverage. In signing this Agreement, Contractor
certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of
Section 3700 of the California Labor Code, which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor
Code, and (b) it will comply with such provisions before commencing the performance of work under this
Agreement.
c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and
property damage liability insurance as shall protect Contractor and all of its employees/officers/agents
while performing work covered by this Agreement from any and all claims for damages for bodily injury,
including accidental death, as well as any and all claims for property damage which may arise from
Contractor's operations under this Agreement, whether such operations be by Contractor, any
subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.
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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(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), medical 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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c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides
that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded
from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of
any services this Agreement. This Section applies only to contractors who are providing services to
members of the public under this Agreement.
d. Compliance with County's Equal Benefits Ordinance
Contractor shall comply with all laws relating to the provision of benefits to its employees and their
spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the
provision of such benefits on the basis that the spouse or domestic partner of the Contractor's employee
is of the same or opposite sex as the employee.
e. Discrimination Against Individuals with Disabilities
The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if
fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R.
60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability
and requires affirmative action by covered prime contractors and subcontractors to employ and advance
in employment qualified individuals with disabilities.
f. History of Discrimination
Contractor certifies that no finding of discrimination has been issued in the past 365 days against
Contractor by the Equal Employment Opportunity Commission, the California Department of Fair
Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been
issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission,
the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall
provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to
execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this
Agreement and subjects the Agreement to immediate termination at the sole option of the County.
g. Reporting; Violation of Non-discrimination Provisions
Contractor shall report to the County Manager the filing in any court or with any administrative agency of
any complaint or allegation of discrimination on any of the bases prohibited by this Section of the
Agreement or the Section titled "Compliance with Laws". Such duty shall include reporting of the filing of
any and all charges with the Equal Employment Opportunity Commission, the California Department of
Fair Employment and Housing, or any other entity charged with the investigation or adjudication of
allegations covered by this subsection within 30 days of such filing, provided that within such 30 days
such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such
notification shall include a general description of the circumstances involved and a general description of
the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race -based
discrimination).
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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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 annual basis, no fewer
than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for
each day of actual jury service. The policy may provide that such employees deposit any fees received
for such jury service with Contractor or that the Contractor may deduct from an employee's regular pay
the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies
that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if
Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following
written statement to County: "For purposes of San Mateo County's jury service ordinance, Contractor
certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any
such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy
that complies with Chapter 2.85 of the County's Ordinance Code." The requirements of Chapter 2.85 do
not apply if this Agreement's total value listed in the Section titled "Payments", is less than one -hundred
thousand dollars ($100,000), but Contractor acknowledges that Chapter 2.85's requirements will apply if
this Agreement is amended such that its total value meets or exceeds that threshold amount.
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 State department
having monitoring or review authority, to County's authorized representative, and/or to any of their
respective audit agencies access to and the right to examine all records and documents necessary to
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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. Mercier 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. Controllinu 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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17. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall
be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed
below or transmitted via email to the email address listed below; and (2) sent to the physical address
listed below by either being deposited in the United States mail, postage prepaid, or deposited for
overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number
showing confirmation of receipt.
In the case of County, to:
Name/Title: Lori Morton-Feazell / Health Services Manager
Address: 225 -37th Avenue, San Mateo, CA 94403
Telephone: 650-573-3726
Email: Imorton-feazell@smcgov.org
In the case of Contractor, to:
Name/Title:
Address:
Telephone:
Email:
18. Electronic Signature
Anthony Tansimore / President
1450 Rollins Road, Burlingame, CA 94010-2307
650-340-7022 ext. 309
atansimore@phs-spca.org
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.
Docuftn Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC760A9BD
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
Docuftned by:
A±= "r &Simm,
Contractor Signature
COUNTY OF SAN MATEO
By:
5/6/2021 1 4:03 PM PDTAnthony Tansimore
Date
President, Board of Supervisors, San Mateo County
Date:
ATTEST:
By:
Clerk of Said Board
Contractor Name (please print)
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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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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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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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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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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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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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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 prior 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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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 and
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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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.sheiteranimaiscount.o[g/docs/default-
source/dataresourceslsac 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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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
1) 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
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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 animal 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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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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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 respective 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 poses 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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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 proceedings 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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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:OOam and 6:OOpm on
Monday through Friday and 8:OOam and 5:00pm on Saturday, Sunday, and Holidays.
2. County shall provide radio dispatching to Contractor between the hours of 6:OOpm and
8:OOam Monday through Friday and 5:OOpm and 8:OOam 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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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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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 denoted 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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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 manufacturer.
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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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
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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 Agreement
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 privacy 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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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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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:OOAM-7:OOPM)
and 6 hours (e.g. open 11:OOAM-5:OOPM) 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 release
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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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 contract
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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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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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 Upon Invoicing
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
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euthanasia, etc. by Jurisdiction and summarized
2. Dead animal statistics (counts and
Upon Invoicing
percentages) by: Animal, including dogs, cats,
other domestic animals, and wildlife
3. Field pick-up and drop-off: Jurisdiction and
Upon Invoicing
summarized, Patrol calls and response times by
priority to include jurisdiction of the call and
outcome
4. Field activities response times are to be
Upon Invoicing
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.
6. Number of citations issued, categorized by Upon Invoicing
ordinance and jurisdiction.
7. Number of voidable license citations issues Upon Invoicing
and number voided with the purchase of a
license.
8. Revenues collected by jurisdiction and type Upon Invoicing
and summarized.
9. Financial reports reflecting budget to actual
Upon Invoicing
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.
10. Staff report on FTE percentage of hours
Upon Invoicing
spent at the County shelter.
Quarterly Reports
Due
1. License sales performed by Contractor by
Upon invoicing for January, April, July, October
species and type and jurisdiction with summary.
2. Rabies vaccination and microchipping clinics
Upon invoicing for January, April, July, October
statistics, with summary of total vaccinations
administered by species and type.
3. Dangerous & vicious animal cases by
Upon invoicing for January, April, July, October
jurisdiction and outcomes.
4. Animal Control/Humane Officer training
Upon invoicing for January, April, July, October
5. Humane Investigation report to include number
Upon invoicing for January, April, July, October
of calls, contacts, notices, citations, and number
of cruelty/neglect cases submitted to the District
Attorney/City Attorney for prosecution with
outcome.
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6. Maintenance and repair report listing all
Upon invoicing for January, April, July, October
vehicles and the service received.
Annual Reports
Due
1. All monthly and quarterly statistics listed above
Prior calendar year upon invoicing for February
compiled for an annual summary of animal
statistics
2. Medical services staff training --list of staff, type
Prior calendar year upon invoicing for February
of training, and dates of completion.
3. Field officer training - list of staff, type of
Prior calendar year upon invoicing for February
training, and dates of completion.
4. Animal care staff training - list of staff, type of
Prior calendar year upon invoicing for February
training, and dates of completion.
5. Annual dog and cat statistics in basic matrix
Prior calendar year upon invoicing for February
format, including live release rates and the live
release rate formula used.
6. Annual financial audit statement.
December 31 st 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
Prior calendar year upon invoicing for February
the provision of all contracted services in the
event of a natural disaster or other significant
unanticipated event that might otherwise disrupt
services.
9. A written cost allocation methodology
I Prior calendar year upon invoicing for February
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.
10. A list of all current employed personnel by
Prior calendar year upon invoicing for February
position paid for in full or part by the Contract with
the salary/benefits and percent of FTE for each.
11. Personnel Organization chart with the
Prior calendar year upon invoicing for February
percentage breakdown of FTE positions and
number of FTEs. 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.
12. Detailed budget narrative outlining estimated
revenues and expenditures for operating and
Current fiscal year upon invoicing for August
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 Ian for
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the following year.
13. Current policy and procedures (SOPs).
Prior calendar year upon invoicing for February
14. Contractor will notify the County by January
January 31St and February 151h for prior calendar year
31 st 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.
15. Provide the County with an inventory list of
Prior calendar year upon invoicing for February
County owned equipment.
16. Number of spay/neuter surgeries provided to
Prior calendar year upon invoicing for February
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.
17. Humane Investigation report to include
Prior calendar year upon invoicing for February
number of calls, contacts, notices, citations, and
number of cruelty/neglect cases submitted to the
District Attorney/City Attorney for prosecution with
outcome.
18. Number of volunteers, hours and tasks I Prior calendar year upon invoicing for February
performed.
19. Provide the County with an itemized list of all Prior calendar year upon invoicing for February
County fees collected.
20. Number and type of disaster trainings Prior calendar year upon invoicing for February
conducted, both within their organization and with
other groups in the County.
21. Contractor to provide annually a detailed
Prior calendar year upon invoicing for February
outline of what they will provide or do for kennel
enrichment for all animals housed at the shelter.
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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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21. Provide initial response (e.g. phone call, email, in-person visit) to resident complaints within 48
hours of receipt, with intent to resolve within a reasonable period. No more than a 10% variance
22. 5% increase in the number of pets receiving a rabies vaccination at monthly vaccine clinic based
upon 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 31 st 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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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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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 determine
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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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
Imorton-feazell@smcgov.org
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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G. Signature Claims Certification and Program Integrity
Executed at
Signed _
Agency
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.
California, on 20_
Title
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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 (EI 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.
45
DocuSign Envelope ID: 6C491BB9-BC86=4B49-A708-70DFC750A9BD
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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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 0).
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 (1).
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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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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Exhibit F
Five -Year Budget [PR POSED 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
TOW
Total
Personnel
$3,432,241.20
$3,579,662-03
$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
$1259296.46
$5941983.48
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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Attachment H
Health Insurance Portability and Accountability Act (HIPAA)
Business Associate Requirements
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 agreement 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.
I. 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 Aand C.
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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 ACTIVITIES OF CONTRACTOR AS BUSINESS ASSOCIATE
a. Business Associate agrees to not use or further disclose Protected Health Information other
than as permitted or required by the Agreement or as required by law.
b. Business Associate agrees to use appropriate safeguards to comply with Subpart C of 45
CFR part 164 with respect to EPHI and PHI, and to prevent the use or disclosure of the
Protected Health Information other than as provided for by this Agreement.
c. Business Associate agrees to make uses and disclosures requests for Protected Health
Information consistent with minimum necessary policy and procedures.
d. Business Associate may not use or disclose protected health information in a manner that
would violate subpart E of 45 CFR part 164.504 if used or disclosed by Covered Entity.
e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of Protected Health Information by
Business Associate in violation of the requirements of this Agreement.
f. Business Associate agrees to report to County any use or disclosure of Protected
Health Information not authorized by this Agreement.
g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it
provides Protected Health Information received from, or created or received by Business
Associate on behalf of County, agrees to adhere to the same restrictions and conditions
that apply through this Agreement to Business Associate with respect to such information.
h. If Business Associate has Protected Health Information in a Designated Record Set,
Business Associate agrees to provide access, at the request of County, and in thetime 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 compliancewith 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.
I. 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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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 principlesand 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 thatCounty
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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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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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
�DolcfuSi�gned by:
SIGNATURE: I RUI�IAO �AI�t.S1146Vl.
AF55FF9�OC4C3.
DATE: 5/6/2021 1 4:03 PM PDT
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Attachment J
Rabies Algorithm
QUARANTINE ALGORITHM FOR BITING AND EXPOSED DOMESTIC MAMMALS
Is the pet the biting animal or
the exposed animal?
Biting animal
Is the biting animal a
dog, cat or domestic
ferret? '
:YES1
Is the animal's
vaccination current? 3I S I t
YES No or EXEMPT 3'
Animal Control to
evaluate for home
quarantine. Are home
quarantine
specifications met?'
t
T
........... p... •....
Home quarantine :: Shelter quarantine
for 10 days :: for 10 days
Did animal exhibit signs
of rabies?
Euthanize and Release and update
arrange for rabies vaccination as
testing needed foibwiny
quarantine s
Exposed animal Go to
(bitten, scratched or page 3
uruecoi;Nzed eVoswe) z
Go to
N=O page 2
Revised/Approved 6/14/16
55
Page 1 of 6
Exposed animal Go to
(bitten, scratched or page 3
uruecoi;Nzed eVoswe) z
Go to
N=O page 2
Revised/Approved 6/14/16
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QUARANTINE ALGORITHM FOR BITING DOMESTIC MAMMALS
Is the biting animal
domestic livestock?
(cow, sheep, go04 Pig,
horse)
YES
.. ■■■■......u....■■■....ti
Euthanize and arrange for ; If owner demes euthanasia,
rabies testing home quarantine for 30 days
Did animal
exhibit signs of
rabies?
YES NO
Euthanize and
arrange for
rabies testing
Page 2 of 6
Update vaccination as
needed following
quarantine, determined
by animal's veterinarian s
Is the biting animal an opossum,
rodent, or lagomorph?
(squirrel, chipmunk, rat, hamster,
gerbil, guinea pig, mouse, rabbit,
hare) s
YES
Caged
Indoors all
of Its life?
YES j LbeXhavlor?
Low risk- no testing
Indicated
®MMIE0
Euthanize and Low risk- no
arrange for testing
rabies testing indicated
Revised/Approved 6/14/16
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DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
QUARANTINE ALGORITHM FOR EXPOSED DOMESTIC MAMMALS - GENERAL
Exposed animal (bitten, scratched or
unrecognized exposure) z
Was the pet exposed to a
Minimal risk. Update
skunk raccoon, fox, feralND
rabies vaccination as
cat, groundhotq, coyote or
needed, determined
bat?
by aninwl's
veterinarian
YES
Is the biting animal
available for testing?
YES I NO
Test. Is the Assess vaccination
biting animal status: Page 4 for
rabies positive? cats and dogs, page
5 for ferrets and
other animals
YES NO
Assess vaccination Minimal risk. Update
status: Page 4 for rabies vaccination as
cats and dogs, page needed, determined
5 for ferrets and by animars
other animals veterinarian
Page 3 of 6 Revised/Approved 6/14/16
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QUARANTINE ALGORITHM FOR EXPOSED DOMESTIC MAMMALS — CATS AND DOGS
Animal received
primary vaccination,
but no booster
Did animal received primary
vaccination between 25-365
days prior to exposure? 9
YES
_..... .a'a.■■■l a
■ *Revaccinate
■
■ within 48 hours
and home ;
quarantine for 30 ■
10
■
days ;
Page 4 of 6
NO
Perform detailed
assessment of
animal's vaccination
status
Animal was never
vaccinated or is
considered Exempt 3'
�fuu.uwa u■u■u■■...
*Euthanize or immediately ;
update vaccination and ;
perform quarantine for 180
days (6 months)
i.■■u.u•u.. u..rru■
If exposed animal Is
not a cat or dog, go to
page 5
Animal received primary
vaccination and one or
more boosters
Did animal receive annual type
vaccination within 1 year or 36 -
month type vaccination within 3
years'
NO I 1 YES
!MON .. i...u..■
*Revaccinate
within 48 hours
and home ;
quarantine for 30
i days 10
........■.■..a
*If animal displays signs of rabies —
euthaniae and test for rabies.
The animaPs veterinarian or a whetter
veterinarian should perform any
vaccination.
Revised/Approved 6/14/16
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+ QUARANTINE ALGORITHM FOR EXPOSED DOMESTIC MAMMALS —FERRETS, LIVESTOCK, AND
OTHER ANIMALS
Is animal ferret, livestock or other?
FERRET'
LIVESTOCK
Did ferret receive vaccine (Cow, sheep, horse)
wnhn 1 year?
Page 5 of 6
OTHER
(wild, nondomestic,other
species, wolf dog hybrids,
civet -cat hybrids)
• Euthanize "
!.■.■.■■.■■■■■.�
*If animal displays signs of rabies —
euthani:e and test for rabies.
The animal's veterinarian or a shelter
veterinarian should perform any
vacdnattion.
Revised/Approved 6/14/16
59
NO
Did animal receive annualtype
TYES
vaccine within 1 ye.orf■■uu■
36mondrlypevaccine
Mae ■■■ ■■■.y
■ ■
within 3 years.
"Revaccinate :
*Euthanize or ■
■ within 48 hours ;
■
: update
■ and home ;
i vaccination •
■ quarantine for
; and perform r
YES NO
30daysto �
; quarantine
. ■
■■■■■■■■■■r■ ■
• for 180 days ;
: ■ j■■■■■■
months).... ;
!,
■■■■r■ ■■■■ ®■����r�
*Revaccinate :: *Euthanize or
me
■
within 48 hours ; ; update
a
and home ; ; vaccination
quarantine for ; and perform
30 days to ■ ■ quarantine ■
:: for 180 days
(6 months)
ti.■■■■ ■■■■N
See rtotes for
slaughter
restrictions tz
Page 5 of 6
OTHER
(wild, nondomestic,other
species, wolf dog hybrids,
civet -cat hybrids)
• Euthanize "
!.■.■.■■.■■■■■.�
*If animal displays signs of rabies —
euthani:e and test for rabies.
The animal's veterinarian or a shelter
veterinarian should perform any
vacdnattion.
Revised/Approved 6/14/16
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NOTES
1 Ferrets are illegal in the State of California. Biting ferrets must be confiscated by the animal
control agency and isolation conducted under the direction of the local health officer in an
animal control shelter or veterinary hospital. Any ferret isolated for a human bite must be
reported to the California Department of Fish and Wildlife for disposition following the
Isolation.
2 Rabies is transmitted through bite wounds, open cuts in skin, and onto mucous
membranes. Contamination of open wounds, mucous membranes, or scratches with saliva
or nerve tissue from an infected animal constitutes a non -bite exposure.
3 Current rabies vaccination per California Health & Safety Code Section 121690.
3a Exempt animals are animals that have been granted an exemption from rabies
vaccination by the County of San Mateo's Health System on advice of the animal's
veterinarian. Despite current exemption status, exempt animals are considered
unvaccinated per California Health & Safety Code Section 121640.
4 The Peninsula Humane Society & SPCA's Animal Rescue and Control determines if an
animal's home qualifies for home quarantine or shelter quarantine. Contact: (650) 340-
7022
5 Vaccination in biting animals should be performed following quarantine as side effects
secondary to vaccination (within 30 days) can mimic the symptoms of rabies.
6 Small rodents and lagomorphs have a low risk of rabies.
7 These are wild animals at high risk for infection with rabies.
8 Bat bites are small and may qo unnoticed. If a pet is found alone with a bat, that pet
should be treated as exposed. If the bat is available, animal control should be contacted to
retrieve the bat for testing.
9 Dogs and cats are considered currently vaccinated 28 days after primary vaccination, and
Immediately after booster vaccination.
10 San Mateo County guidelines are based on Tittle 17 of the California Code of Regulations
that states exposed, vaccinated animals should be quarantined for 30 days.
11 Wild, nondomestic, and other animal species bitten by or exposed to a rabid or suspect
rabid animal should be euthanized immediately. There is little information on rabies
incubation, clinical presentation, and viral shedding in domestic animal species other than
dogs, cats, and ferrets.
12 Federal guidelines state that animals exposed to rabies within 8 months should be
rejected for slaughter. USDA Food and Inspection Service (PSIS) and state meat
inspectors should be notified of exposed animals prior to slaughter. If an exposed animal
is to be custom or home slaughtered, it should be done immediately after exposure with
appropriate barrier precautions and all tissues cooked thoroughly. Pasteurization and
cooking inactivate the rabies virus.
Legend
Quarantine action
Other action
Question
Answer
Page 6 of 6
Revised/Approved 6/14/16
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Attachment K
Animal Shelter Facility Use and Maintenance Agreement
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nV Cn.-
P
A
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0
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
DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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: 6C491 BB9-BC86-4849-A708-70DFC750A9BD
Animal Control Services Agreement, except as otherwise provided herein. The
County and Contractor acknowledge and agree that if the Contract Funds prove
insufficient to meet the financial needs of maintaining the Shelter, and/or performing
Contractor's maintenance and repair duties under this Agreement, the Contractor will
not be responsible for the payment of any overage, unless caused by its negligent or
intentional acts or omissions. If the Contractor anticipates costs that will exceed the
Contract Funds, Contractor will use best efforts to provide County with notice as
soon as it becomes aware of such potential overage, on a quarterly basis, and
provide adequate documentation of the cause and amount of such anticipated
coverage.
E. Indemnification and Insurance
1. Hold Harmless & Indemnification
(i) Contractor shall hold harmless and indemnify the County, and each
participating city as listed in the Animal Shelter Service Agreement as
third party beneficiaries, their officers, agents, and employees from all
claims related to performance of this Agreement and/or use, operation,
maintenance or repair of the Shelter by Contractor or its employees,
contractors or agents including suits or actions of every name, kind and
description, brought for, or on account of: (1) injuries to or death of any
person, including but not limited to actions brought for (or on account of)
injuries or death to County or Contractor's agents, officers or employees;
(2) damage to property of any kind whatsoever and to whomsoever
belonging, including but not limited to damage to property of County or
Contractor or its agents, officers, or employees; or any other loss or cost,
resulting from the performance or nonperformance of any activities
undertaken under this Agreement, and/or which result from the negligent
or intentional acts or omissions of Contractor, its officers, agents or
employees. This obligation shall survive the termination of this Agreement
for any claims arising during its term.
(ii) The County shall hold harmless and indemnify Contractor, its officers,
agents, and employees from all claims caused by the conduct of the
County, or its agents, officers or employees, including but not limited to
suits or actions of every name, kind and description, brought for, or on
account of: (1) any and all claims related to the construction, and/or repair
of the shelter by the County, whether such claims are based on
performance or performance of an obligation, and whether such claims
are based on conduct that happened before and/or after Contractor took
possession of the Shelter; (2) injuries to or death of any person, including
but not limited to actions brought for (or on account of) injuries or death to
County's agents, officers or employees; (3) damage to property of any
kind whatsoever and to whomsoever belonging, including but not limited
to damage to property of the County or its agents, officers, or employees;
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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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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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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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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 (wmaung@smcgov.org). Operation and maintenance of
facility systems and equipment for County owned buildings at the Government
Center, Redwood City.
2. Thomas Sipp, 312-5257 (tsipp@smcgov.org). Operation and maintenance of
facility systems and equipment for County owned and leased buildings in outlying
areas.
3. Patrick Oliver, Crafts Supervisor, 363-1877 (poliver@smcgov.org). 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 Ovillalobos@smcgo.vorg &
mlagrone@smcgov.org). 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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Section Ill. 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 VI I 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:
L 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 ofthe 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.
A. Facilities Services staff will perform quarterly facility inspections to
identify the condition of the various systems and structure and will
identify necessary repairs or maintenance to be performed to keep the
facility in proper condition. Facilities Services and other County staff
or officials may inspect the condition of the Shelter Facility at any time
during working hours. In order to limit the impact to Contractor
operations, County shall provide Contractor with at least 24 hours'
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notice of the intended inspection, which notice may be provided by
email.
2. Contractor Obligation to Notify of Needed Repairs or Maintenance
Contractor shall promptly notify Facilities Services of any necessary repairs or
maintenance that could impact the long-term condition of the Shelter, or the
provision of animal control and animal care services to the County.
3. Emergency Repairs
Facilities Services will assure response in all critical situations within 2 hours of
receiving actual notice, making immediate temporary repairs when required for
safety or security reasons. Examples of such situations include but are not
limited to:
(i) Broken windows, doors and locks
(ii) Air conditioning in computer server rooms and other sensitive areas
(iii) Interruption of electrical service
(iv) Broken pipes and clogged plumbing (Contractor shall try to clear clogs In
toilet or drain prior to calling Facilities Services)
(v) Leaking roofs
(vi) Damage resulting from natural disasters
(vii) Other situations which Contractor or County reasonably determines
compromises the immediate health or well-being of the animals, the staff,
volunteers or visiting public.
4. Process by which Contractor addresses Repairs/Service Needed on an
Emergency Basis
(i) Upon becoming aware of a situation, Contractor shall immediately notify
Facilities Services of any repairs or maintenance needed to address
items that could cause immediate damage or injury to the Shelter, or to
persons working or animals being cared for therein, including but not
limited to plumbing/water leaks, roof leaks, or fire or other hazards.
(ii) Should an urgent situation arise in which Facilities Services is unable to
respond within 2 hours to a major system failure which has the potential
for immediate and serious health or safety impacts to animals,
staff/volunteers, employees, or the public, and/or the continued operation
of essential animal control and sheltering programs and which cannot be
otherwise managed or contained, Contractor may retain the services of a
reputable repair person to address the issue, after notifying Facilities
Services.
(iii) Contractor shall notify Facilities Services and PHPP within 2 hours of its
decision and reasoning to take such actions. Contractor will provide
Facilities Services with the key points of how the issue is being
addressed. If possible, Contractor will arrange for a temporary solution so
that Facilities Services can complete the full work once they are available.
Contractor will use Contract Funds if Contractor incurs expenses due to
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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/!nternet 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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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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Section IV. Additional Services
Services requested by Contractor and not outlined in Section III are considered "additional
services," and shall not be provided unless approved by the Directors of County Health and
Department of Public Works. If approved, services listed below will be scheduled upon receipt of
a work request from County Health, and the associated costs will be invoiced to the Contractor.
Contractor will use Contract Funds to pay the invoice within 30 calendar days from date of
mailing or emailing; if not timely paid, County will deduct the past due amount from Contractor's
next monthly payment. The majority of these services are provided under the administration of
the Construction Services Section (CSS) located at 30 Tower Road, San Mateo. Requests for
services and cost estimates should be routed through San Mateo County Health System
(Animal Control Manager). Contractor shall in no circumstance alter any part of the Shelter
structure or install any fixture, without prior written County approval from the Directors of the
San Mateo County Health and Department of Public Works.
A. Carpentry
New:
• Floor coverings
• Commercial fixtures
• Acoustical ceilings
• Doors/windows
• Soundproofing and insulation
• Air conditioning units
• Restroom partitions and fixtures tile work
• Concrete slabs and retaining walls
Building and/or custom fabrication:
• Storage structures
• Security gates, windows, etc.
• Custom cabinets and casework
• Custom shelves, reception counters, etc.
• Wall framing and drywall
• Custom racks, bins, etc., for delivery vehicles
B. Electrical
• Install additional electrical circuits and outlets
• Upgrade and install new workplace lighting
• Install Pleione electrical whips
• Install and maintain security alarm systems
• Set up temporary power for events.
C. Lock Work
• Lock drilling (when keys are lost or locked inside, contact FM&O)
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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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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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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.
14
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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 PRPP.
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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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, Sheriffs 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.
16
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Section Al. 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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DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD
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 Is 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.
18
DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC75OA9BD
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:
— DocuSi®ned by:
al,�,e �iunsiw�Gln,
Contractor Signature
For County:
Fc;ssiw
cuSipnod by:
thli {f
ww
Purc asmg gent Signature
(Department Head or
Authorized Designee)
County of San Mateo
EDocuSlpned by:
4673E020=494...
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
5/3/2021 1 9:31 AM PDT
Anthony Tansimore
Date President
5/3/2021 1
Date
12:33 PM PDT
Cassius Lockett, PhD.
Director of Public Health, Policy and Planning
County of San Mateo
Kevin Sporer
Facilities Deputy Director
5/3/2021 1 2:17 PM PDT
Gary Behrens
Date Facilities Services Manager
County of San Mateo
19
Docuftn Envelope ID: 6C491 BB9-BC86-4B49-A708-70DFC750A9BD
Attachment L
Peninsula Humane Society Holidays
• New Year's Day
• Martin Luther King Jr. Day
• President's Day
• Easter
• Memorial Day
• July 4th
Labor Day
• Veteran's Day
• Thanksgiving Day
• Christmas Day
DocuSign Envelope ID: 6C491 BB9-BC86-4B49-A708-70DFC750A9BD
Attachment M
County -Owned Radio Equipment
• 4 - Motorola APX 7000 Handheld Radios
• 17 - Motorola APX 4000 Handheld Radios
• 1 - Motorola MCD 5000 Deskset
• 1 - Motorola APX 7500 Radio installed in vehicle
• 13 - Motorola APX 6500 Radios installed in vehicles
• 1 - Antenna mounted on roof of County Shelter
83
Attachment 2 - Agreement between County of San Mateo and PetData Inc.
Agreement No.
Resolution No. 076668
AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND PETDATA, INC.
This Agreement is entered into this Fourth day of June, 2019, by and between the County of San Mateo,
a political subdivision of the state of California, hereinafter called "County," and PETDATA, INC.,
hereinafter called "Contractor."
Whereas, pursuant to Section 31000 of the California Government Code, County may contract with
independent contractors for the furnishing of such services to or for County or any Department thereof;
and
Whereas, it is necessary and desirable that Contractor be retained for the purpose of San Mateo County
Health- Public Health, Policy & Planning.
Now, therefore, it is agreed by the parties to this Agreement as follows:
1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this
Agreement by this reference:
Exhibit A—Services
Exhibit B—Payments and Rates
Attachment 1—§ 504 Compliance
Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform
services for County in accordance with the terms, conditions, and specifications set forth in this
Agreement and in Exhibit A.
2. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and
specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor
based on the rates and in the manner specified in Exhibit B. County reserves the right to withhold
payment if County determines that the quantity or quality of the work performed is unacceptable. In no
event shall County's total fiscal obligation under this Agreement exceed SIX HUNDRED -THIRTEEN
THOUSAND NINE HUNDRED AND FORTY FIVE DOLLARS ($613,945). In the event that the County
makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed
by the County at the time of contract termination or expiration. Contractor is not entitled to payment for
work not performed as required by this agreement.
3. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1,
2019, through June 30, 2022.
4. Termination
This Agreement may be terminated by Contractor or by the Director of Public Health, Policy and Planning
or his/her designee at any time without a requirement of good cause upon thirty (30) days' advance
Template Version November 16, 2016
Page 1
written notice to the other party. Subject to availability of funding, Contractor shall be entitled to receive
payment for work/services provided prior to termination of the Agreement. Such payment shall be that
prorated portion of the full payment determined by comparing the work/services actually completed to the
work/services required by the Agreement.
County may terminate this Agreement or a portion of the services referenced in the Attachments and
Exhibits based upon the unavailability of Federal, State, or County funds by providing written notice to
Contractor as soon as is reasonably possible after County learns of said unavailability of outside funding.
County may terminate this Agreement for cause. In order to terminate for cause, County must first give
Contractor notice of the alleged breach. Contractor shall have five business days after receipt of such
notice to respond and a total of ten calendar days after receipt of such notice to cure the alleged breach.
If Contractor fails to cure the breach within this period, County may immediately terminate this Agreement
without further action. The option available in this paragraph is separate from the ability to terminate
without cause with appropriate notice described above. In the event that County provides notice of an
alleged breach pursuant to this section, County may, in extreme circumstances, immediately suspend
performance of services and payment under this Agreement pending the resolution of the process
described in this paragraph. County has sole discretion to determine what constitutes an extreme
circumstance for purposes of this paragraph, and County shall use reasonable judgment in making that
determination.
5. Contract Materials
At the end of this Agreement, or in the event of termination, all finished or unfinished documents, data,
studies, maps, photographs, reports, and other written materials (collectively referred to as "contract
materials") prepared by Contractor under this Agreement shall become the property of County and shall
be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such
contract materials if permitted by law.
6. Relationship of Parties
Contractor agrees and understands that the work/services performed under this Agreement are
performed as an independent contractor and not as an employee of County and that neither Contractor
nor its employees acquire any of the rights, privileges, powers, or advantages of County employees.
7. Hold Harmless
a. General Hold Harmless
Contractor shall indemnify and save harmless County and its officers, agents, employees, and servants
from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the
performance of any work or services required of Contractor under this Agreement, or payments made
pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Contractor or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging;
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Page 2
(C) any sanctions, penalties, or claims of damages resulting from Contractor's failure to comply, if
applicable, with the requirements set forth in the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or
passive negligence of County and/or its officers, agents, employees, or servants. However,
Contractor's duty to indemnify and save harmless under this Section shall not apply to injuries or
damage for which County has been found in a court of competent jurisdiction to be solely liable
by reason of its own negligence or willful misconduct.
The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty
to defend as set forth in Section 2778 of the California Civil Code.
8. Assionability and Subcontractin
Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third
parry to provide services required by Contractor under this Agreement without the prior written consent of
County. Any such assignment or subcontract without County's prior written consent shall give County the
right to automatically and immediately terminate this Agreement without penalty or advance notice.
9. Insurance
a. General Requirements
Contractor shall not commence work or be required to commence work under this Agreement unless and
until all insurance required under this Section has been obtained and such insurance has been approved
by County's Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain
such approval. Contractor shall furnish County with certificates of insurance evidencing the required
coverage, and there shall be a specific contractual liability endorsement extending Contractor's coverage
to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates
shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to County of
any pending change in the limits of liability or of any cancellation or modification of the policy.
b. Workers' Compensation and Employer's Liability Insurance
Contractor shall have in effect during the entire term of this Agreement workers' compensation and
employer's liability insurance providing full statutory coverage. In signing this Agreement, Contractor
certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of
Section 3700 of the California Labor Code, which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor
Code, and (b) it will comply with such provisions before commencing the performance of work under this
Agreement.
c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and
property damage liability insurance as shall protect Contractor and all of its employees/officers/agents
while performing work covered by this Agreement from any and all claims for damages for bodily injury,
including accidental death, as well as any and all claims for property damage which may arise from
Contractor's operations under this Agreement, whether such operations be by Contractor, any
subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.
Template Version November 16, 2016
Page 3
Such insurance shall be combined single limit bodily injury and property damage for each occurrence and
shall not be less than the amounts specified below:
(a) Comprehensive General Liability... $1,000,000
County and its officers, agents, employees, and servants shall be named as additional insured on any
such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to
County and its officers, agents, employees, and servants shall be primary insurance to the full limits of
liability of the policy and (b) if the County or its officers, agents, employees, and servants have other
insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.
In the event of the breach of any provision of this Section, or in the event any notice is received which
indicates any required insurance coverage will be diminished or canceled, County, at its option, may,
notwithstanding any other provision of this Agreement to the contrary, immediately declare a material
breach of this Agreement and suspend all further work and payment pursuant to this Agreement.
10. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance
with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but
not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal
Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements
set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and
Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in
programs and activities receiving any Federal or County financial assistance. Such services shall also be
performed in accordance with all applicable ordinances and regulations, including but not limited to
appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and
applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement
and any applicable State, Federal, County, or municipal law or regulation, the requirements of the
applicable law or regulation will take precedence over the requirements set forth in this Agreement.
Contractor will timely and accurately complete, sign, and submit all necessary documentation of
compliance.
11. Non -Discrimination and Other Requirements
a. General Non-discrimination
No person shall be denied any services provided pursuant to this Agreement (except as limited by the
scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or
mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political
beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer -related),
military service, or genetic information.
b. Equal Employment Opportunity
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Page 4
Contractor shall ensure equal employment opportunity based on objective standards of recruitment,
classification, selection, promotion, compensation, performance evaluation, and management relations
for all employees under this Agreement. Contractor's equal employment policies shall be made available
to County upon request.
c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides
that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded
from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of
any services this Agreement. This Section applies only to contractors who are providing services to
members of the public under this Agreement.
d. Compliance with County's Equal Benefits Ordinance
Contractor shall comply with all laws relating to the provision of benefits to its employees and their
spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the
provision of such benefits on the basis that the spouse or domestic partner of the Contractor's employee
is of the same or opposite sex as the employee.
e. Discrimination Against Individuals with Disabilities
The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if
fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R.
60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability
and requires affirmative action by covered prime contractors and subcontractors to employ and advance
in employment qualified individuals with disabilities.
f. History of Discrimination
Contractor certifies that no finding of discrimination has been issued in the past 365 days against
Contractor by the Equal Employment Opportunity Commission, the California Department of Fair
Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been
issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission,
the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall
provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to
execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this
Agreement and subjects the Agreement to immediate termination at the sole option of the County.
g. Reporting; Violation of Non-discrimination Provisions
Contractor shall report to the County Manager the filing in any court or with any administrative agency of
any complaint or allegation of discrimination on any of the bases prohibited by this Section of the
Agreement or the Section titled "Compliance with Laws". Such duty shall include reporting of the filing of
any and all charges with the Equal Employment Opportunity Commission, the California Department of
Fair Employment and Housing, or any other entity charged with the investigation or adjudication of
allegations covered by this subsection within 30 days of such filing, provided that within such 30 days
such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such
notification shall include a general description of the circumstances involved and a general description of
the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race -based
discrimination).
Page 5
Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this
Agreement and subject the Contractor to penalties, to be determined by the County Manager, including
but not limited to the following:
i. termination of this Agreement;
ii. disqualification of the Contractor from being considered for or being awarded a County contract
for a period of up to 3 years;
iii. liquidated damages of $2,500 per violation; and/or
iv. imposition of other appropriate contractual and civil remedies and sanctions, as determined by
the County Manager.
To effectuate the provisions of this Section, the County Manager shall have the authority to offset all or
any portion of the amount described in this Section against amounts due to Contractor under this
Agreement or any other agreement between Contractor and County.
h. Compliance with Living Wage Ordinance
As required by Chapter 2.88 of the San Mateo County Ordinance Code, Contractor certifies all
contractor(s) and subcontractor(s) obligated under this contract shall fully comply with the provisions of
the County of San Mateo Living Wage Ordinance, including, but not limited to, paying all Covered
Employees the current Living Wage and providing notice to all Covered Employees and Subcontractors
as required under the Ordinance.
12. Compliance with County Employee Jury Service Ordinance
Contractor shall comply with Chapter 2.85 of the County's Ordinance Code, which states that Contractor
shall have and adhere to a written policy providing that its employees, to the extent they are full-time
employees and live in San Mateo County, shall receive from the Contractor, on an annual basis, no fewer
than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for
each day of actual jury service. The policy may provide that such employees deposit any fees received
for such jury service with Contractor or that the Contractor may deduct from an employee's regular pay
the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies
that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if
Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following
written statement to County: "For purposes of San Mateo County's jury service ordinance, Contractor
certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any
such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy
that complies with Chapter 2.85 of the County's Ordinance Code." The requirements of Chapter 2.85 do
not apply if this Agreement's total value listed in the Section titled "Payments", is less than one -hundred
thousand dollars ($100,000), but Contractor acknowledges that Chapter 2.85's requirements will apply if
this Agreement is amended such that its total value meets or exceeds that threshold amount.
13. Retention of Records: Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for
three (3) years after County makes final payment and all other pending matters are closed, and
Contractor shall be subject to the examination and/or audit by County, a Federal grantor agency, and the
State of California.
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Page 6
(b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable
Federal, State, and local agencies and as required by County.
(c) Contractor agrees upon reasonable notice to provide to County, to any Federal or State department
having monitoring or review authority, to County's authorized representative, and/or to any of their
respective audit agencies access to and the right to examine all records and documents necessary to
determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to
determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness
of services performed.
14. Mercier Clause: Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by
reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights,
duties, and obligations of each party as of this document's date. In the event that any term, condition,
provision, requirement, or specification set forth in the body of this Agreement conflicts with or is
inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or
Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior
agreement, promises, negotiations, or representations between the parties not expressly stated in this
document are not binding. All subsequent modifications or amendments shall be in writing and signed by
the parties.
15. Controllin4 Law: Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement,
the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any
nature arising out of this Agreement shall be governed by the laws of the State of California without
regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be
venued either in the San Mateo County Superior Court or in the United States District Court for the
Northern District of California.
16. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall
be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed
below or transmitted via email to the email address listed below; and (2) sent to the physical address
listed below by either being deposited in the United States mail, postage prepaid, or deposited for
overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number
showing confirmation of receipt.
In the case of County, to:
Name/Title: Cassius Lockett, Director of Public Health, Policy and Planning
Address:
225-37"' Avenue, Room 178
San Mateo, CA 94403
Telephone:
650.573.2532
Facsimile:
650.573.2788
Email:
clockeftO)smcaov.ora
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Page 7
In the case of Contractor, to:
Name/Title: President, PetData, Inc.
Address: 8585 N Stemmons Fwy, Suite 1100-N
Dallas, TX 75247
Telephone: 214.821.3100 x515
Facsimile: 214.821.3106
Email: cdchey(cDpetdata.com
17. Electronic Sianature
Both County and Contractor wish to permit this Agreement and future documents relating to this
Agreement to be digitally signed in accordance with California law and County's Electronic Signature
Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic
signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.
18. Payment of Permits/Licenses
Contractor bears responsibility to obtain any license, permit, or approval required from any agency for
work/services to be performed under this Agreement at Contractor's own expense prior to
commencement of said work/services. Failure to do so will result in forfeit of any right to compensation
under this Agreement.
Template Version November 16, 2016
Page 8
In witness of and in agreement with this Agreement's terms, the parties, by their duly authorized
representatives, affix their respective signatures:
For Contractor: PETDATA, INC.
���J IiF2or9 _
Contractor ignature Date Contractor Nam.-, (please print)
COUNTY OF SAN MATEO
By: �1 4e 9 [Z 0
President, Board of Supervisors, San Mateo County
Resolution No. 076668
Date: 6/4/19
ATTEST:
�l
By:
Clerk of Said Board
Tempiate Version November 16, 2016
Page 9
Template Version November 16, 2016
Page 9
Exhibit A
In consideration of the payments set forth in Exhibit B and with a focus on increasing licensing and
vaccination compliance throughout the County of San Mateo, Contractor shall provide the following
services:
A. Management of the daily operations for animal licensing including:
Data Entry & Processing
a. Process correspondence from pet owners including, but not limited to, issuing
tags.
b. Work in partnership with the County on an approved template to provide timely
billing and renewal notices to pet owners, with at least one billing to both new and
renewals to be printed on an 8.5x11 sheet of paper with a return envelope
enclosed. In addition, at least one of the notices will provide pet owner with the
date in which the late fee became due.
C. Provide data entry of both new and renewal licenses and vaccination information.
d. Implement procedures for verification of information submitted.
e. Ensure complete, unduplicated, and accurate information.
f. Process, collect, and provide receipts for animal licensing fees.
g. Provide licensing and vaccination data for a weekly transfer of data from the
Contractor's database into County's proprietary database.
h. Provide customer service including communication with citizens, veterinarians,
and designated County staff.
2. Veterinarians & Other Authorized Registrars
a. Process license sales and vaccination reports from other sources (i.e. the local
animal shelter, veterinary clinics, pet stores, etc.)
b. Assist County staff to ensure reasonable quantities of on-site of basic supplies
(reporting forms, citizen mailing envelopes, etc.) necessary to sell license tags
and/or report information on citizens vaccinating their animals against rabies.
3. Animal License Tags
a. Process and mail county -provided license tags within a maximum of 10
business days, with a turnaround goal of 5 business days, after receipt of
payment and completed information as required by the local ordinance.
b. Issue county -provided replacement tags to pet owners whose license tags have
been lost, stolen, or damaged.
4. Electronic Pavments & Bankin
a. Provide the ability for pet owners to pay through the Contractor's Merchant
Service Provider.
b. Provide on-line customer service via the Contractor's website to allow pet
owners to make license payments or donations.
c. Deposit all receipts collected for licensing into a bank account set up solely for
the purpose of managing County animal licensing funds.
L Make daily deposits and transmit verification of said deposits to designated
County staff by the tenth of the following month.
ii. Collect and report electronic and charge card payments and transmit
verification of said deposits to designated County staff by the tenth of the
following month.
iii. Send all funds collected and deposited on behalf of the County via a
monthly wire transfer by the tenth of the following month.
Version November : r
Page 10
d. Accept license fees from licensees via the following forms of payment at a
minimum: check, money order, debit or ATM Card, or credit cards.
i. Charges to Licensee for on-line payments:
Cost Recovery Processing Fees in the amount of $2.00 per on-line
transaction to be charged to licensee*. Note: Contractor shall use their
own designated Merchant Service Provider to conduct all credit card
transactions and shall retain the Cost Recovery Processing Fees
collected.
* More than one pet can be licensed per on-line transaction and pet owner
will be charged a single fee for the on-line transaction.
5. Communication & Access
a. Provide timely responses to and communication with citizens, County
designees, and Animal Control and Licensing Program representatives
including Animal Control Officers.
b. Provide a customized San Mateo County toll-free number and answering
service.
c. Provide 24/7 access to Contractor's database by County, Emergency Dispatch,
and any other authorized Division personnel, including login.
d. Communicate to pet owners on the status of their pet's license status including
annual billing.
Regortina
a. Provide monthly report of animals licensed to the County.
b. Provide statistical reports as requested by the County.
c. Provide monthly report of all veterinarians who are delinquent in submitting their
monthly vaccination without license (VWL) reports.
d. Provide monthly lists of delinquent licenses upon requested by County.
e. Provide customized reports as requested by County.
f. Provide public record information as requested by County.
Additional Services
Work in partnership with County staff:
i. To ensure all licensing information, both complete and incomplete records,
are imported into Contractor's database on a weekly basis.
ii. To develop a process that will allow/entice veterinarians to sell licenses at
their County location.
B. Contractor agrees that the animal licensing information belongs to the County and will never
sell, transfer, or release personal data to a third party.
C. With the exception of the license tags and/or customized inserts, Contractor agrees to cover
the cost of all animal licensing supplies needed for daily operation.
D. Contractor agrees to comply with California state and local laws governing animal licensing.
E. Contractor will back up all databases twice during the working day.
F. During regular business hours, Contractor will assist with countywide efforts to reunite pets
with their owners during a natural disaster.
County agrees to provide the following to Contractor:
A. Access to County's animal control database to allow import of data into Contractor's
database.
Template Version November 16, 2016
Page 11
B. Licensing tags and customized inserts to Contractor's on-site location for disbursement.
C. Any licensing fees collected by County: such fees will be retained by County, and a record of
fees collected along with any supporting documents will be forwarded to the Contractor for
processing no later than the 5th calendar day of the following month.
D. Any licensing fees collected by Contractors of the County: such fees and any supporting
documents will be forwarded to the Contractor for processing with the exception of cash.
Cash will be deposited into County's bank account directly by County staff.
Template Version Novemhet 16, 1
Page 12
Exhibit 8
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of
the Agreement, County shall pay Contractor based on the following fee schedule and terms:
A. Fixed Fees:
One-year license: $4.28 per license
Multi-year license: $4.28 for the first year and $2.00 for each additional year
Late fees collected: $2.50 collection service fee for each license
Replacement tags: $4.28 per tag
Service animals (e.g. seeing -eye dogs, hearing dogs, etc.): No fee for any license or tag
issued
Fixed fees shall be payable to Contractor for all licenses processed during the term of this
Agreement, regardless of whether they are processed by Contractor, County personnel, or a
County contractor.
Fixed fees shall not be charged until the license is issued. Data entry of rabies vaccination
certificates and incomplete licenses, which may or may not result in a license, are included at
no extra charge.
An agreed upon method to follow-up with pet owners who did not respond to a prior notice is
included at no additional charge.
B. In any event, the maximum amount the County shall be obligated to pay for services
rendered under this Agreement shall not exceed SIX HUNDRED -THIRTEEN THOUSAND
NINE HUNDRED AND FORTY FIVE DOLLARS ($613,945.00) (Included are bank fees)for
the Agreement term.
C. Payment by County to Contractor shall be monthly and made be made electronically by the
County should the required paperwork be completely by Contractor. Contractor shall bill
County on or before the tenth (10th) working day of each month for the prior month. The
invoice shall include a summary of services and charges for the month of service. In
addition, Contractor shall provide back-up to the invoice. Such back-up shall be in the form
of a monthly report of the animals licensed.
Contractor will provide available bank statements within five business days if requested by
County.
D. Additional Service Fees
Contractor shall invoice County for any bank deposit and supply fees outside the scope of
this Agreement.
County will reimburse Contractor for bank fees upon verification of such, including:
1. Actual bank fees charged to Contractor as a result of Contractor maintaining the
bank account for the purpose of providing services outlined in this contract. This
amount, in and of itself, is included in the total contract amount and will not exceed
SEVEN THOUSAND AND FIFTY DOLLARS ($7,050.00) (included in the contracted
costs) without prior authorization from designated County staff.
2. Non -sufficient fee charge charged to Contractor. Contractor will make every attempt
to collect bank fees from pet owners and will reimburse County upon collection of
said fee.
Template Version November 16, . .:
Page 13
Contractor shall invoice County on a monthly basis for the actual cost of the bank account
maintained for the purpose of this contract.
E. At the discretion of the Director of Public Health, Policy & Planning or designee, an annual
conference call may be scheduled between the Contractor and County. Contractor's time
and/or related expenses are not billable.
F. At the discretion of the Director of Public Health, Policy & Planning or designee, a meeting at
the County's location may be scheduled between the Contractor and County once during the
term of this contract. Contractor's travel time to and from the County and/or related
expenses are not billable.
G. If County or Contractor finds that performance is inadequate, at the County's discretion, a
meeting may be called to discuss the causes for the performance problem, and this
Agreement may be renegotiated, allowed to continue to end of term, or terminated pursuant
to Paragraph 4 of this Agreement. Any unspent monies due to performance failure may
reduce the following year's agreement, if any.
H. In the event this Agreement is terminated prior to June 30, 2022, Contractor shall be paid for
services already provided pursuant to this Agreement.
In the event this Agreement is extended or renewed after June 30, 2022 and the County
does not issue a Request for Proposal, Contractor agrees to continue the fixed fees as
shown below:
One-year license: $4.28 per license
Multi-year license: $4.28 for the first year and $2.00 for each additional year
Late fees collected: $2.50 collection service fee for each license
Replacement tags: $4.28 per tag
Service animals (e.g. seeing -eye dogs, hearing dogs, etc.): No fee for any license or tag
issued
Template Version November 16, 2016
Page 14
Attachment 3 - Memorandum of Agreement Regarding Funding For Construction Of An Animal Care Shelter
COUNTY% SAN MATED
COUNTY MANAGER'S OFFICE
July 7, 2020
Robert Barron, Finance Director
91 Ashfield Road
Atherton, CA 94027
Re: Notice of Construction Costs for the Animal Care Shelter Facility
Dear Robert,
Michael P. Callagy
County Manager/
Clerk of the Board
County Government Center
400 County Center, 1st Floor
Redwood City, CA 94063
650-363-4121 1-
650-363-1916 F
www.smcgov.org
On or about September 9, 2014, the municipalities within San Mateo County entered into an
agreement ("the Agreement") to share the construction costs of a new animal care shelter
facility. The agreement provides that the County of San Mateo will advance the funds for
construction to be repaid by the municipalities according to their share, through a 30 -year,
interest-free lease agreement.
On March 6, 2020, construction of the new animal shelter building was completed, and
certificate of occupancy was issued. The old shelter building was demolished shortly
thereafter, and final project completion (with exception of photovoltaic installment) is slated
for approximately July 30, 2020. Final project costs are reasonably determinable and
anticipated to be approximately $28,300,000. The municipalities' final shared responsibility
is anticipated to be $25,700,000 or $856,758 annually. The County will not seek
reimbursement for $2,600,000 in project costs comprised of an upgraded heating ventilation
air conditioning ($600,000), a photovoltaic system ($1,200,000), miscellaneous site
improvements related to landscaping, fencing, and parking ($530,000), and relocation of a
City of Burlingame water line ($270,000).
The final column of Attachment B to this letter sets forth each municipalities' final annual
lease amount, as calculated in the manner proscribed by the Agreement. Final costs exceed
the June 2018 estimate by approximately 3%. This marginal increase is a result of escalated
regional construction costs and unforeseen circumstances encountered during construction,
including requirements for ongoing air-quality monitoring, soil remediation and treatment,
fire safety system modifications, PG&E delays, and necessary and reasonable end-user
logistical design modifications. The County of San Mateo has worked diligently and
successfully to minimize these additional costs while delivering a high-quality facility that will
stand the test of time.
JU
COUNTYof SAN MATEO
COUNTY MANAGER'S OFFICE
Though we had to cancel the ribbon -cutting for the facility due to the pandemic, we look
forward to holding, at the appropriate time, a reception to celebrate our successful regional
collaboration. In lieu of an in-person tour, we've enclosed photographs of the exterior of the
new facility and site. Pursuant to paragraph 3 of the Agreement, annual payments to County
to reimburse for costs of construction shall become due on the initial July 1st after a
certificate of occupancy is issued for the new shelter, and each subsequent July 1st for the
next 29 years thereafter. Please find enclosed the invoice and payment instructions for the
initial lease payment for your municipality.
Should you have any project questions, please contact Director Adam Ely of the Project
Development Unit at 650.722.8112. Should you have any payment questions, please contact
Robert Manchia at 650.363.4597.
Sincerely,
Mike Callagy
San Mateo County, County Manager
Enclosures: Resolution 073369, Final Attachment B, Invoice July 2020
ATTACHMENT A
MEMORANDUM OF AGREEMENT
REGARDING FUNDING FOR CONSTRUCTION OF AN ANIMAL CARE SHELTER ON
AIRPORT BOULEVARD IN SAN MATEO, CALIFORNIA, AMONG 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 AND THE
COUNTY OF SAN MATEO
THIS MEMORANDUM OF AGREEMENT, dated for reference as of September 9. 2014, (the
"Agreement"), is by and among the COUNTY OF SAN MATEO (the "County"), and the cities
of ATHERTON, BELMONT, BRISBANE, BURLINGAME, COLMA, DALY CITY, EAST
PALO ALTO, FOSTER CITY, HALF MOON BAY, HILLSBOROUGH, MENLO PARK,
MILLBRAE, PACIFICA, PORTOLA VALLEY, REDWOOD CITY, SAN BRUNO, SAN
CARLOS, SAN MATEO, SOUTH SAN FRANCISCO, AND WOODSIDE (each, a "City," and
collectively, the "Cities," and, together with the County, the "Parties").
RECITALS
The County and the Cities are parties to an Agreement for Animal Control Services dated as of
April 26, 2011, pursuant to which the County provides animal control services in the
unincorporated area of the County, as well as in the jurisdictional boundaries of the twenty Cities
within the County, listed above, each of which is a party to the Agreement for Animal Control
Services.
As set forth in the Agreement for Animal Control Services, the Peninsula Humane Society &
SPCA ("PHS") presently serves as the County Contractor for the provision of certain animal
control services to the County and the Cities. These services and the terms of PHS' performance
of them are contained in an Animal Control Services Agreement between the County and PHS
dated as of April 26, 2011.
In conjunction with and pursuant to the Animal Control Services Agreement, the County has
leased to the PHS the land at 12 Airport Boulevard, in San Mateo, California, on which an
Animal Care Shelter facility owned and operated by PHS is presently located.
The Parties agree that, owing to the obsolescence of the existing Animal Care Shelter facility, it
is now necessary to construct a new facility and the Parties enter into this Agreement to set forth
the allocation of, and process for payment of, the construction cost for the new Animal Care
Shelter facility among the Parties.
NOW, THEREFORE, the Parties agree as follows:
1. Construction Cost Allocation Methodology: The Parties agree that construction costs for the
new Animal Care Shelter facility shall be allocated among the Parties based on the formula set
forth in Exhibit A to this Agreement, which is incorporated herein by reference. This formula
reflects each Party's actual use of the existing Animal Care Shelter facility in 2009, 2010, and
2011 as a percentage of all Parties' total use of the facility, as well as each Party's total
population as of 2010, as a percentage of the County's total population as of that date. The
formula is weighted 80% to a City's average facility use over the three years preceding the year
in question and 20% to population. The Parties agree that each year, the County shall
recalculate three year average facility usage for each City and that Exhibit A (and each Party's
prospective Lease Payment obligations, as described in Section 3 of this Agreement) shall be
amended to reflect such recalculations. The Parties further agree that the County shall, upon
request of a City, promptly provide the requesting City with copies of the data and documents
used to calculate each City's facilities usage.
2. County Advancing Construction Costs: The Parties agree that the County shall advance, on
an interest free basis, all funds required to pay the construction costs for the new Animal Care
Shelter facility. For purposes of this Agreement, "construction costs" include all expenses for
architectural and inspector services, project management service, environmental review,
planning and building fees and costs, and actual contractor construction services. The Parties
understand and agree that construction costs for the Animal Care Shelter facility are anticipated
at this time to be twenty million two hundred thousand dollars ($20,200,000). The Parties will
be provided with further information regarding the construction costs for the Animal Care
Shelter facility within a reasonable period of time after such information becomes available or
prior to the Certificate of Occupancy being issued. The Parties agree that if the County receives
information indicating that the construction costs for the Animal Care Shelter facility will exceed
$20,200,000 by 10% or more, the County shall provide notice to each City of the revised
estimated construction costs within a reasonable period of time before such additional
construction costs are incurred. The Parties further agree that the County shall, upon request of a
City, promptly confer with such City or Cities regarding the additional construction costs and
any means by which such additional construction costs may be minimized.
3. Parties' Payment of Proportional Share of Construction Costs: Each Party agrees that, during
the term of this Agreement for as long as the new Animal Care Shelter facility is occupied and
used for animal care shelter purposes, the Party shall pay the County an annual Lease Payment
beginning on the first July 1St after a certificate of occupancy is issued for the new Animal Care
Shelter facility, and on each subsequent July 1St for the next twenty nine years thereafter. Each
Party's Lease Payment shall be equal to the Party's proportional share of the construction cost of
the new Animal Care Shelter facility amortized on a straight line basis over thirty years, as set
forth in Exhibit A to this Agreement, as Exhibit A may be amended from time to time as
provided in Section 1 of this Agreement. Each Party's obligation to make a Lease Payment shall
remain in place only for so long as the Party is a signatory to the Agreement for Animal Control
Services, or any successor agreement addressing materially the same subject matter. In the event
that a Party terminates its participation in this Agreement pursuant to Section 4 of this
Agreement, the County shall, upon receiving notice of that Party's termination, recalculate the
remaining Parties' Lease Payment obligations pursuant to the Construction Cost Allocation
Methodology set forth in Section 1 of this Agreement. The County shall promptly provide all
remaining Parties with notice of their recalculated Lease Payment obligations. Each remaining
Party shall thereafter have the option to either (a) pay the recalculated increased annual Lease
Payments during the remaining term of the Agreement; or (b) request that the County allow the
remaining Party a period of up to 5 years after the end of the thirty year period set forth in this
Section 3 of the Agreement to pay the County the remaining Party's additional allocated share of
construction costs for the Animal Care Facility attributable to the departure of the terminating
Party.
4. Term and Termination: Except as set forth above, this Agreement shall be effective for the
period from September 9, 2014 until each Party has made the last payment required under
Section 3 of this Agreement. Except as set forth in Section 3 of the Agreement (i.e., by
terminating participation in the Agreement for Animal Control Services), no Party may terminate
this Agreement during its term. A Party terminating its participation in this Agreement shall do
so effective as of December 31 of a year during the term of this Agreement and shall provide
each other Party to this Agreement with at least one full year's prior written notice of the Party's
intent to terminate its participation in the Agreement.
5. Amendments/Entire Agreement: Amendments to this Agreement must be in writing and
approved by the governing body of each Party. This is the entire agreement among the parties
with respect to the construction of the new Animal Care Shelter facility and it supersedes any
prior written or oral agreements with respect to the subject.
6, Hold Harmless: Each City shall hold harmless, indemnify, and defend County, its officers,
employees, and agents from and against any and all claims, suits, or actions of every kind
brought for or on account of injuries to or death of any person or damage to any property of any
kind whatsoever and to whomsoever belonging which arise out of the performance or
nonperformance of City's covenants and obligations under this Agreement and which result from
the actively negligent or wrongful acts of City or its officers, employees, or agents.
County shall hold harmless, indemnify, and defend each City, its officers, employees, and agents
from and against any and all claims, suits, or actions of every kind brought for or on account of
injuries to or death of any person or damage to any property of any kind whatsoever and to
whomsoever belonging which arise out of the performance or nonperformance of County's
covenants and obligations under this Agreement and which result from the actively negligent or
wrongful acts of County or its officers, employees, or agents.
This provision requiring County to hold harmless, indemnify, and defend each City shall
expressly not apply to claims, losses, liabilities, or damages arising from actions or omissions,
negligent or otherwise, of PHS or any other independent contractor providing animal control -
related services pursuant to a contract with the County. Claims related to the planning and/or
construction of the new Animal Care Shelter facility are not claims, losses, liabilities, or
damages related to "animal control -related services" within the meaning of this Agreement.
In the event of concurrent negligence of the County, its officers, or employees, and any City, its
officers and employees, then the liability for any and all claims for injuries or damages to
persons and/or property or any other loss or cost which arises out of the terms, conditions,
covenants or responsibilities of this Agreement shall be apportioned in any dispute or litigation
according to the California theory of comparative negligence.
7. Assignability: Except as otherwise expressly provided for herein, no Party shall assign any of
its obligations or rights hereunder without the consent of all other Parties.
8. Notices: Any notices required to be given pursuant to this Agreement shall be given in
writing and shall be mailed to all Parties to the Agreement, as follows:
To City:
To County:
IN WITNESS WHEREOF, the Board of Supervisors of the COUNTY OF SAN MATEO has
authorized and directed the President of the Board of Supervisors to execute this Agreement for
and on behalf of the County, and the Cities of ATHERTON, BELMONT, BRISBANE,
BURLINGAME, COLMA, DALY CITY, EAST PALO ALTO, FOSTER CITY, HALF MOON
BAY, HILLSBOROUGH, MENLO PARK, MILLBRAE, PACIFICA, PORTOLA VALLEY,
REDWOOD CITY, SAN BRUNO, SAN CARLOS, SAN MATEO, SOUTH SAN
FRANCISCO, AND WOODSIDE have caused this Agreement to be subscribed by each of their
duly authorized officers and attested by their Clerks.
Dated: September 9, 2014
Clerk of the Board
Resolution #073369
COUNTY OF SAN MATEO
ATTACHMENT B
Methodology= Based on an 3 -yr avg of shelter use (80%) and %of population (20%)
ANIMAL CONTROL COSTS
Resolution #073369
1
PROPOSED COST DISTRIBUTION -ESTI MATED LEASE AMOUNTS TO RECOUP CONSTRUCTION COSTS
Overall Total
P6,600M
Overall Total
28 300 000
CITY
Shelter Use I
Shelter Use I
Shelter Use
$20,200,000
$24,800,000
$25,700,000
Calendar Year
5856,758
Yr 12009 Actual
Yr 2 2010 Actual
Yr 3 2011 Actual
3 YR AVG of
Sheleter Use
POPULATION
% of Total
EST ANNUAL LEASE
AMT JSept. 2014
EST ANNUAL LEASE
AMT (July 20181
EST FINAL
ANNUAL LEASE
AMT
Ouly 2020
Atherton
1.12%
1.00%
0.3656
0.836
6.914
1.0%
$5,749
$7,059
$7,173
Belmont
3.26%
3.54%
2.65%
3.15%
25�83SI
3.6%
$21811
$26,780
$27,212
Brisbane
0.99%
0.99%
0.71%
0.90%
4,282
0.6%
$5,633
$6,916
$7,028
Burliny,ame
3.48%
320%
3AO%
28,805
4.0%
$23,696
$29,095
$29,565
Colma
0.98%
0.60%
0.73%
1,792
2.0%
$4,268
$5,241
$5,325
Daly City
987%
10.16%
9A2%
101,123
14.1%
$69,679
$85,556
$86,936
East Palo Alto:2.812%
6.75%
SA4%
7.27%
28,15S
3.9%
$44,420
$54,542
$55,422
Foster CI
239%
1.93%
2.38%
50.567
43%
$18,550
$22,776
$23,144
Half Moon Ba
5.04%
2.47%
4%
1 324
1.6%
$24,962
$30,650
$31,144
Hillsborou h
129%
1.14%
1.34%
10,825
1.5%
$9,247
$11,354
$11,537
Menlo Park
4.90'Al
4.95%
4.50%
4.78%
3 O26
4.5%
$31,769
$39,008
$39,637
Millbrae
1.90%
1.99%
1.98%
1.96%
21,S3
3.0%
$14,576
$17,897
$18,186
Pacifica
5.72%
638%
4.78%
5.63%
37,234
52.0%
$37,288
$45,784
$45,523
Portola valley
0.90%
0.7636
0.16%
0.61%
4,353
0.6%
$4,084
$5,014
$5,095
Redwood CiLy
12.91%
13.24%
13.25%
13.13%
76,815
10.7%
$85,143
$104,543
$106,229
San Bruno
5.23%
5.19%
6.86%
5.76%
41.114
5.7%
$38,734
$47,559
$48,326
San Carlos
3.35%
3.45%
3.00%
3.27%
28406
4.0%
$22,921
$28,143
$28,597
San Mateo
15.82%
14.67%
17.84%
16.11%
97.207
13.5%
$105,000
$128,924
$131,004
S. San Francisco
9.08%1
9.34%
11.99%
10.14%
63,63
8.9%
$66,530
$81,689
$83,007
Woodside
4.41%
1.27%
1.07%
2.25%
5.287
0.7%j
$13,111
$16,098
$16,358
County
1-57%
3.73%
2.92%
2.74%
61222
8.5%1
$26,235 1
$32,213
$32,732
HVAC -Solar Costs'
n a
n1m.1a
n a
Wa
$1,800,000
$1,800,000
Buri kame Waterline
n a
n1a
n a
n a
rVa
a
$270000
Mt site Improvements
n a
n a
a
a
h/.
a
n
$530,00
To
100.00%
100.00%
100.00%
100.00%
718451
100.00%
673405
x926,843
$840
' HVAC, Solar, and Miscellaneous
site improvement costs of $2.6 million removed from cities portion of costs and
paid for by County of
San Mateo. Overall
total project cost is $28.3 million.
Resolution #073369
1