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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. v l 4- 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 0 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: O 00 qw� W O) M m O O N M (O (O ISN M d'(MN MrM ¢ ^aDNONM (gNlp(O V LL� W NI��O 1,0)Ou].-N O (O VI M V• M aO d' M V r N MM- aD MN N O M M h N ¢ �NticljMWE9 fR6��61f!-J -609 fRN � N W 0 W o � arMrl�((�mo o ao cov Iry �l'oMr rt0 � 00 ¢� N MN t`MON aD OlO W fDN M�rM d'01 ISM W �(O aLLJ O) �01M d'1��OM r Od' ^MNMMMMNON C'i rl�d.MMO Za �fH M'fA �'fPr FR fR VT�d-J ffi d3 �tRN N w O a o 0 ( 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 O (O (OON-MM(D m t0O N(D oLd d'MMOMO O O f-�NN(ONN N I-- (ON ;r N V' (O ISN N _ W. 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