HomeMy WebLinkAboutReso - CC - 021-2014RESOLUTION NO. 21-2014
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING
THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT WITH THE COUNTY OF SAN
MATEO TO SHARE CONSTRUCTION COSTS FOR A NEW ANIMAL SHELTER
WHEREAS, since 1952, San Mateo County has contracted with the Peninsula Humane
Society (PHS) for animal control field and sheltering services, and the 20 cities in San Mateo
County contract with the County for these services; and
WHEREAS, under this contract, the 20 cities and the County share the cost of services
based on a formula that factors agencies' proportionate use of field services and shelter
services; and
WHEREAS, animal control services are provided by PHS in a 45,000 -square foot building at
12 Airport Boulevard in San Mateo, in a building that is owned by PHS on County owned land;
and
WHEREAS, the aging Airport Boulevard shelter is in need of significant repairs and has
been determined to be functionally obsolete; and
WHEREAS, the San Mateo County Public Works Department has estimated that the cost of
construction of a new facility will be between $15.1 million and $20.2 million to build a new
33,500 -square foot Animal Control shelter at the current location; and
WHEREAS, the County is willing to manage the construction and advance the funding if
each city enters into a cost participation agreement to pay a portion of the costs through a 30 -
year interest free lease of the shelter; and
WHEREAS, based on the City of Burlingame's current use of shelter services and current
population, approval of this agreement will result in an annual estimated cost of $17,713 to
$23,696, depending upon the final cost of construction.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES
AS FOLLOWS:
The City Council hereby approves the Memorandum of Agreement with San Mateo
County in the form attached hereto.
2. The City Council authorizes the Mayor to execute the Agreement for and on behalf of
the City.
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4 j 74l�
Michael §rd6firigg, May
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 17th day of
March, 2014, and was adopted thereafter by the following vote:
AYES: Councilmembers: BROWNRIGG, DEAL, KEIGHRAN,NAGEL, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Mary Ellen Kearne , City Clerk
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 2013
(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 Anneal 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 Cate
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 1" after a certificate of occupancy is issued for the new Animal Care
Shelter facility, and on each subsequent July 1't 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 , 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
3
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: COUNTY OF SAN MATEO
Clerk of the Board
Dated:
Town Clerk
Dated:
City Clerk
Dated:
City Clerk
Dated:
City Clerk
Dated:
TOWN OF ATHERTON
m
CITY OF BELMONT
CITY OF BRISBANE
im-
TOWN OF COLMA
Town Clerk By:
Dated:
CITY OF DALY CITY
City Clerk By:
Dated: CITY OF EAST PALO ALTO
City Clerk By:
Dated: CITY OF FOSTER CITY
City Clerk
Dated:
City Clerk
Dated:
Town Clerk
Dated:
City Clerk
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By:
CITY OF HALF MOON BAY
By:
TOWN OF HILLSBOROUGH
By:
CITY OF MENLO PARK
By:
Dated:
City Clerk
Dated:
City Clerk
Dated:
Town Clerk
Dated:
City Clerk
Dated:
City Clerk
Dated:
City Clerk
VA
CITY OF MILLBRAE
By:
CITY OF PACIFICA
By:
TOWN OF PORTOLA VALLEY
By:
CITY OF REDWOOD CITY
By:
CITY OF SAN BRUNO
By:
CITY OF SAN CARLOS
By:
Dated:
City Clerk
Dated:
City Clerk
Dated:
CITY OF SAN MATEO
Lo
CITY OF SOUTH SAN FRANCISCO
TOWN OF WOODSIDE
City Clerk By:
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